Bill Text: NC S616 | 2011-2012 | Regular Session | Amended

North Carolina Senate Bill 616 (Prior Session Legislation)

Bill Title: Study Metals & Pawn Statutes/Prevent Theft

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-04-19 - Ref To Com On Commerce [S616 Detail]

Download: North_Carolina-2011-S616-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S 1

SENATE BILL 616

Short Title: Study Metals & Pawn Statutes/Prevent Theft.		(Public)
Sponsors:	Senator Atwater.
Referred to:	Commerce.

April 19, 2011

A BILL TO BE ENTITLED

AN ACT to establish the joint legislative study commission on the modernization and consolidation of statutes relating to scrapyards, precious metals businesses, and pawnbrokers.

Whereas, the current climate of economic distress has led to a rise in the number of crimes involving the theft of personal property, including precious metals and other metals; and

Whereas, currently the statutes regulating scrapyards, precious metals businesses, and pawnbrokers are located in different parts of the General Statutes; and

Whereas, the scattered nature of the statutes and their similar but separate provisions can lead to unnecessary confusion; and

Whereas, effective, comprehensible, and easily locatable statutes are a vital tool for law enforcement in its efforts to combat the increase in personal property theft and resale; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.(a) There is established the Joint Legislative Study Commission on Modernizing the Regulation of Pawnbrokers, Precious Metals Businesses, and Scrapyards to examine the statutes regulating those entities with the aim of (i) increasing the detection of the sale of stolen property throughout the State; (ii) increasing the comprehensibility of the relevant statutes; and (iii) centrally locating the relevant statutes in a single statutory chapter or article.

SECTION 1.(b) The Commission shall consist of 17 members appointed as follows:

(1) Four members of the Senate appointed by the President Pro Tempore of the Senate.

(2) Four members of the House of Representatives appointed by the Speaker of the House of Representatives.

(3) Four members of local law enforcement agencies to be appointed as follows:

a. Two members of local law enforcement agencies appointed by the Speaker of the House of Representatives, one from a rural county and one from an urban county.

b. Two members of local law enforcement agencies appointed by the President Pro Tempore of the Senate, one from a rural county and one from an urban county.

(4) A scrapyard operator appointed by the President Pro Tempore of the Senate.

(5) A precious metals dealer appointed by the Speaker of the House of Representatives.

(6) A precious metals dealer appointed by the President Pro Tempore of the Senate.

(7) A pawnbroker appointed by the Speaker of the House of Representatives.

(8) The Attorney General, or the Attorney General's designee.

SECTION 1.(c) The Speaker of the House of Representatives shall designate one representative as cochair, and the President Pro Tempore of the Senate shall designate one senator as cochair. Vacancies on the Commission shall be filled by the same appointing authority who made the initial appointment. The Commission shall expire upon delivering its final report.

The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may meet at any time upon the joint call of the cochairs. The Commission may meet in the Legislative Building or the Legislative Office Building. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.

The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.

SECTION 2. The Commission shall report its findings to the 2012 Regular Session of the 2011 General Assembly upon convening.

SECTION 3. All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.

SECTION 4. There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 2011‑2012 fiscal year to carry out the purposes of this act.

SECTION 5. This act becomes effective July 1, 2011.