North Carolina § 122C-408 - Former Butner Public Safety Authority; jurisdiction; fire and police protection.

§ 122C-408. Former Butner Public Safety Authority; jurisdiction; fire and police protection.

Police and Fire Protection. - The Town of Butner may contract with the State of North Carolina or any state agency for the provision of special police officers or fire protection or both to any State or federal institution or lands within the territory of the Camp Butner Reservation. The territorial jurisdiction of these officers shall consist of the property shown on a map produced May 20, 2003, by the Information Systems Division of the North Carolina General Assembly and kept on file in the office of the Butner Town Manager and such additional areas which are within the incorporated limits of the Town of Butner as shown on a map to be kept in the office of the Butner Town Manager. Authority of Special Police Officers. - In order to assist the Town of Butner in providing contractual services to State agencies and facilities within the territorial jurisdiction set out in subsection (a) of this section, the officers providing police services to the Town of Butner shall have the additional authority set out in this subsection. After taking the oath of office required for law-enforcement officers, the special police officers authorized by this section shall have the authority of deputy sheriffs of Durham and Granville Counties in those counties respectively. Within the territorial jurisdiction stated in subsection (a) of this section, the special police officers have the authority to enforce the laws of North Carolina, the ordinances of the Town of Butner, and any rule applicable to the Camp Butner Reservation adopted under authority of this Part or under G.S. 143-116.6 or G.S. 143-116.7 or under the authority granted any other agency of the State and also have the powers set forth for firemen in Articles 80, 82, and 83 of Chapter 58 of the General Statutes. Notwithstanding the foregoing, the Town of Butner has no obligation or responsibility to provide law enforcement or fire protection services outside of the corporate limits of the Town of Butner except pursuant to a contract with a State agency or facility, a federal entity, or a private person or entity. In the event that any State agency contracts with the Town of Butner for police services at any facility within the territorial jurisdiction described in subsection (a) of this section, any civil or criminal process to be served on any individual confined at any such State facility may be forwarded by the sheriff of the county in which the process originated to the director or chief of the Town of Butner's law enforcement department or that officer's designee. History (1949, c. 71, s. 6; 1955, c. 887, s. 1; 1959, c. 35; c. 1028, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1981, c. 491, s. 1; c. 964, s. 19; c. 1127, s. 49; 1983, c. 761, s. 165; 1985, c. 589, s. 2; 1987, c. 827, s. 246; 1989, c. 141, s. 16; 2003-346, s. 2; 2007-269, s. 7; 2011-145, ss. 19.1(g), (jj), 19.3(b); 2011-260, ss. 1, 6(a), (b); 2011-391, s. 43(m); 2012-50, ss. 1-3; 2013-360, s. 16B.4(b).) Cross References. - As to cooperation between law-enforcement agencies, see G.S. 160A-288 . As to assistance to State law-enforcement agencies, see G.S. 160A-288.2 . State Government Reorganization. - Session Laws 1981, c. 491, s. 2, provided: "The Butner Public Safety Department is transferred by a type I transfer, as defined in G.S. 143A-6 , from the Department of Human Resources to the Department of Crime Control and Public Safety [now the Department of Public Safety]. All transfers of personnel, equipment, appropriations, and functions shall be completed by September 1, 1981, but the Secretary of Crime Control and Public Safety shall have authority over the personnel, equipment, appropriations, and functions transferred by this section upon the effective date of this act [July 1, 1981]." Editor's Note. - Session Laws 2007-269, s. 14.1, provides: "Section 1.1 through 14 of this act shall become effective only if the Charter of the Town of Butner is approved under section 5 of the Voting Rights Act of 1965; provided, however, that if the Charter is not approved under section 5 of the Voting Rights Act of 1965 because of any provisions contained in Article III or Article IV of the Charter, the Butner Advisory Council established in accordance with G.S. 122C-413 may make such amendments to the Article III or IV of the Charter as it, in its sole discretion, deems necessary to obtain such approval, and such amendments shall be filed in accordance with G.S. 160A-111 . If the Charter is not approved, Sections 1.1 through 14 of this act have no force and effect. If the Charter is approved, then those sections become effective on the first day of the next calendar month that begins more than three days after the approval, except that the persons appointed as temporary officers under Section 3.2 of the Charter may immediately take the oath of office and take such preliminary actions as may be necessary for initial organization, personnel actions, and budget adoption, in such special meetings as may be called under G.S. 160A-71 ." Preclearance was received from the United States Department of Justice by letter dated October 1, 2007. Session Laws 2011-145, s. 19.1(jj), as amended by Session Laws 2011-391, s. 43(m), which would have amended this section, was repealed by Session Laws 2011-260, s. 6(a). Session Laws 2011-145, s. 19.3(b), which would have amended subsection (c) of this section, was repealed by Session Laws 2011-260, s. 6(b). References in this section to the "Butner Public Safety Division of the Department of Public Safety" should probably be to the "Butner Public Safety Section of the Department of Public Safety." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2013-360, s. 16B.4(a), provides: "The Butner Public Safety Authority is abolished effective 11:59:59 p.m. on July 31, 2013. All of the assets of the Authority, real, personal, and mixed, shall be distributed to and become vested in the Town of Butner. The town attorney for the Town of Butner shall file a notice of dissolution with the Secretary of State. Following the dissolution of the Authority, the chair of the Authority shall have such power and authority necessary to transfer any of the assets of the Authority to the Town of Butner and to otherwise wind up the affairs of the Authority." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Effect of Amendments. - Session Laws 2007-269, s. 7, rewrote subsection (a); in the second sentence of subsection (b), inserted "the ordinances of the Town of Butner," and substituted "the Butner Reservation" for "that territory"; and added subsection (c). For effective date, see Editor's note.