North Carolina § 143B-911 - Creation of State Capitol Police Division; powers and duties.

§ 143B-911. Creation of State Capitol Police Division; powers and duties.

Division Established. - There is created the State Capitol Police Division of the Department of Public Safety with the organization, powers, and duties defined in Article 1 of this Chapter, except as modified in this Part. Purpose. - The State Capitol Police Division shall serve as a special police agency of the Department of Public Safety. The Chief of the State Capitol Police, appointed by the Secretary pursuant to G.S. 143B-602, with the approval of the Governor, may appoint as special police officers such reliable persons as the Chief may deem necessary. Appointment of Officers. - Special police officers appointed pursuant to this section may not exercise the power of arrest until they shall take an oath, to be administered by any person authorized to administer oaths, as required by law. Jurisdiction of Officers. - Each special police officer of the State Capitol Police shall have the same power of arrest as the police officers of the City of Raleigh. Such authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh, and in addition thereto the authority of a deputy sheriff may be exercised on property owned, leased, or maintained by the State located in the County of Wake. Public Safety. - The Chief of the State Capitol Police, or the Chief's designee, shall exercise at all times those means that, in the opinion of the Chief or the designee, may be effective in protecting all State buildings and grounds, except for the State legislative buildings and grounds as defined in G.S. 120-32.1(d), and the persons within those buildings and grounds from fire, bombs, bomb threats, or any other emergency or potentially hazardous conditions, including both the ordering and control of the evacuation of those buildings and grounds. The Chief, or the Chief's designee, may employ the assistance of other available law enforcement agencies and emergency agencies to aid and assist in evacuations of those buildings and grounds. History (2009-451, s. 17.3(f); 2011-145, s. 19.1(g), (u), (y); 2014-100, s. 17.1(i); 2015-241, s. 16A.7(f); 2015-267, s. 3; 2017-57, s. 16B.10(c).) Editor's Note. - This section was formerly G.S. 143B-900. It was recodified as G.S. 143B-911 by Session Laws 2014-100, s. 17.1(i), effective July 1, 2014. Session Laws 2014-100, s. 16B.6(a)-(b), provides: "(a) The State Capitol Police may contract with State agencies for the creation of receipt-supported positions to provide security services to the buildings occupied by those agencies. "(b) The State Capitol Police shall report the creation of any position pursuant to this section to the Chairs of the House Appropriations Subcommittee on Justice and Public Safety, to the Chairs of the Senate Appropriations Committee on Justice and Public Safety, and to the Fiscal Research Division within 30 days of the position's creation." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year. Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 16A.7(e), provides: "The State Capitol Police Section shall be relocated as a section under the State Highway Patrol." Session Laws 2015-241, s. 16A.11, as added by Session Laws 2015-268, s. 6.2, provides: "The relocation of the State Capitol Police as a Section within the Highway Patrol pursuant to Section 16A.7 of this act shall not affect the subject matter or territorial jurisdiction of such officers and shall not entitle such officers to the statutory increases provided by G.S. 20-187.3 or Section 30.15 of this act." Session Laws 2015-241, s. 16B.4(a)-(d), provides: "(a) Creation of Receipt-Supported Positions Authorized. - The State Capitol Police may contract with State agencies for the creation of receipt-supported positions to provide security services to the buildings occupied by those agencies. "(b) Annual Report Required. - No later than September 1 of each fiscal year, the State Capitol Police shall report to the Joint Legislative Oversight Committee on Justice and Public Safety the following information for the fiscal year in which the report is due: "(1) A list of all positions in the State Capitol Police. For each position listed, the report shall include at least the following information: "a. The position type. "b. The agency to which the position is assigned. "c. The source of funding for the position. "(2) In addition to the information required by subdivision (1) of this section, for each receipt-supported position listed, the report shall include the amount of the contract and any other terms of the contract. "(c) Additional Reporting Required Upon Creation of Receipt-Supported Positions. - In addition to the report required by subsection (b) of this section, the State Capitol Police shall report the creation of any position pursuant to subsection (a) of this section to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and to the Fiscal Research Division within 30 days of the position's creation. A report submitted pursuant to this section shall include at least the following information: "(1) The position type. "(2) The agency to which the position is being assigned. "(3) The position salary. "(4) The total amount of the contract. "(5) The terms of the contract. "(d) Format of Reports. - Reports submitted pursuant to this section shall be submitted electronically and in accordance with any applicable General Assembly standards." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2017-57, s. 16B.1(a)-(d), provides: "(a) Creation of Receipt-Supported Positions Authorized. - The State Capitol Police may contract with State agencies for the creation of receipt-supported positions to provide security services to the buildings occupied by those agencies. "(b) Annual Report Required. - No later than September 1 of each fiscal year, the State Capitol Police shall report to the Joint Legislative Oversight Committee on Justice and Public Safety the following information for the fiscal year in which the report is due: "(1) A list of all positions in the State Capitol Police. For each position listed, the report shall include at least the following information: "a. The position type. "b. The agency to which the position is assigned. "c. The source of funding for the position. "(2) For each receipt-supported position listed, the contract and any other terms of the contract. "(c) Additional Reporting Required Upon Creation of Receipt-Supported Positions. - In addition to the report required by subsection (b) of this section, the State Capitol Police shall report the creation of any position pursuant to subsection (a) of this section to the chairs of the House of Representatives Appropriations Committee on Justice and Public Safety and the Senate Appropriations Committee on Justice and Public Safety and to the Fiscal Research Division within 30 days of the position's creation. A report submitted pursuant to this section shall include at least the following information: "(1) The position type. "(2) The agency to which the position is being assigned. "(3) The position salary. "(4) The total amount of the contract. "(5) The terms of the contract. "(d) Format of Reports. - Reports submitted pursuant to this section shall be submitted electronically and in accordance with any applicable General Assembly standards." Session Laws 2017-57, s. 16B.10(b), provides: "(b) The State Capitol Police Section of the State Highway Patrol shall be relocated as a Division of the Department of Public Safety." Session Laws 2017-57, s. 16B.10(e), as amended by Session Laws 2017-197, s. 5.1, provides: "(e) Notwithstanding any other provision of law, there shall be no transfer of positions to or from the State Capitol Police Section (Budget Code 14550, fund code 1402) and no reduction to the total authorized budget of the State Capitol Police Section, as it existed on March 1, 2017, prior to the transfer of the State Capitol Police from the State Highway Patrol to the Department of Public Safety. This subsection shall not apply to transfers of positions or changes to the total authorized budget of the State Capitol Police that are expressly required by the Committee Report described in Section 39.2 of this act." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. In light of the amendment of this section by Session Laws 2017-57, s. 16B.10(c), "Division" was substituted for "Section" in the Subpart heading at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2015-241, s. 16A.7(f), effective July 1, 2015, substituted "within the State Highway Patrol" for "within the Law Enforcement Division" in subsection (a). Session Laws 2015-267, s. 3, effective July 1, 2015, added the last sentence of subsection (a). Session Laws 2017-57, s. 16B.10(c), effective June 28, 2017, substituted "Creation of State Capitol Police Division; powers and duties" for "State Capitol Police Section - powers and duties" in the section heading; rewrote section (a); in subsection (b) substituted "Division" for "Section", and "the Chief" for "he."