NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 86

HOUSE BILL 239

 

 

AN ACT TO CREATE THE CHOWAN-PERQUIMANS COUNTY PEACE OFFICERS RELIEF FUND.

 

The General Assembly of North Carolina do enact:

 

Section 1. Short Title. This Act shall be known as and may be cited as the Chowan-Perquimans County Peace Officers Relief Act.

Sec. 2. Definitions. Peace officers shall be deemed to include all peace officers of the Counties of Chowan and Perquimans, North Carolina, or subdivisions thereof, including the Towns of Edenton and Hertford, or any other towns located within the bounds of the Counties of Chowan and Perquimans, and members of the State Highway Patrol, who are required by the terms of their employment or election to give their full time to the preservation of public order, the protection of life and property, and the detection of crime; and all special officers or citizens who are injured or killed while aiding or assisting regular officers or while acting as such peace officers.

Sec. 3. Creating Association. An association to be known and designated as the Chowan-Perquimans County Peace Officers' Protective Association shall be formed, the membership of which shall include all peace officers in the Counties of Chowan and Perquimans and the members of the State Highway Patrol as defined above.

Sec. 4. Registration. Peace officers who are entitled to membership in the association, in order to share in the benefits provided for in this Act, shall make application for membership in the association on blanks to be furnished by said association, and shall pay an initiation fee and annual dues to be fixed by the Executive Board, hereinafter provided for: Provided, however, that such initiation fee shall not exceed five dollars ($5.00) and such dues shall not exceed twelve dollars ($12.00) per annum; provided further, that such officers who are now members of any such organization within the bounds of either of the aforesaid counties shall not be required to pay an initiation fee for membership herein. Provided further, that the provisions of this Section shall not apply to special officers or citizens who have not had a reasonable time from the date they were appointed or deputized, to register with said association; and provided further, that said reasonable time shall not exceed thirty (30) days.

Sec. 5. Source of Revenue. In all criminal cases in Chowan and Perquimans Counties, North Carolina, brought in all courts wherein the defendant enters a plea of nolo contendere, a plea of guilty, or shall be adjudged guilty by the court or found guilty by a jury, wherein the costs of the action are paid by the defendant, there shall be taxed in the bill of costs a fee of two dollars ($2.00), to be known as the Peace Officers' Emergency Fee, and shall be collected as other costs in criminal cases are collected, by the justice of the peace, clerk, or other officer of the court authorized to receive costs; such funds so received shall be accounted for monthly, a copy of which report shall be sent to the chairman of the Executive Board, and such funds turned over to the Treasurer of the Chowan-Perquimans County Protective Association to be held by the said treasurer and securely kept for the purpose of the association. Provided, however, that such officers' emergency fee, shall not be taxed in the costs in cases where the cost is paid by the county. Donations and contributions to said Chowan-Perquimans Peace Officers' Protective Association may be received from any source approved by the Executive Board.

Sec. 6. Application of Fund. The money so paid into the hands of the Treasurer of the Chowan-Perquimans County Peace Officers' Protective Association shall be known as the Chowan-Perquimans Peace Officers' Relief Fund, and shall be used as a fund for the relief of members of said association who may be injured or rendered sick by disease contracted while a member of the association, and for the relief of their widows and children and if there be no widows and children, then dependent mothers of such officers killed or dying from injuries or disease so contracted while a member of the association and as a pension fund for peace officers grown old in line of duty, and also for the benefit of special officers or citizens injured as such peace officers. All persons entitled to benefits under this Section shall make application to the Executive Board, and said Executive Board shall investigate each such application and shall determine what benefits shall be paid. The decision of the Executive Board shall be final and conclusive as to what persons are entitled to benefits and as to the amount of the benefits to be paid, and said Executive Board shall have power to increase or decrease monthly benefits at any time, and no action at law or suit in equity shall be maintained against said association to enforce any claim or recover any benefit under this Article or under the constitution and by-laws of said association; but if any officer or board of said association omits or refuses to perform any duty imposed upon him or it, nothing therein contained shall be construed to prevent any proceedings against said officer or board to compel him or them to perform such duty.

Section 7. Executive Board. The governing board of the association shall be an Executive Board consisting of nine members who shall select their own chairman. The Executive Board shall consist of the Chairman of the Boards of County Commissioners of Chowan and Perquimans Counties, the sheriffs of the two said counties, the mayors and chiefs of police of all incorporated towns in the two said counties and the highway patrolman in charge of the highway patrolmen stationed in the two counties. The Executive Board shall hold an organization meeting within thirty (30) days after the effective date of this Act, or as soon thereafter as possible at such time and place as the sheriffs of the two counties may agree upon.

Sec. 8. Treasurer; Expenditures. The treasurer shall be elected by the Executive Board at its first meeting in each year. The treasurer shall give good and sufficient surety in a sum not less than the amount of money on hand, the premium for such bond to be paid for out of the funds of the association, and shall make annual reports to the Executive Board showing the total amount of money in his hands at the time of the filing of the report, and also an account of receipts and expenditures since his last report. The accumulated funds of the association may be invested in bonds and securities unanimously approved by the Executive Board. All interest and other income received from investment or deposits shall be added to the principal of said fund. Expenditures shall only be made upon vouchers properly signed by the Chairman of the Executive Board and the treasurer. The treasurer may serve as secretary-treasurer.

Sec. 9. Salaries and Expenses. All officers and members of the Executive Board shall serve without compensation and no salaries shall be paid except for a secretary-treasurer who shall be appointed by the Executive Board, and whose compensation shall be fixed by the board. Necessary office and stationery supplies shall be paid out of the funds of the association.

Sec. 10. Constitution and By-laws. The Chowan-Perquimans County Peace Officers' Protective Association shall adopt a constitution and by-laws, to be approved by the Executive Board, suitable for carrying out the provisions and purposes of this Act.

Sec. 11. Insurance. The Executive Board shall have authority to insure the members of the Chowan-Perquimans County Peace Officers' Protective Association against death or disability, or both, during the terms of their employment or terms of office, under forms of insurance known as group insurance or other insurance and the premiums on such insurance to be payable out of the funds of the association.

Sec. 12. Funds Not Taxable. The current or accumulated funds of the association shall not be subject to State, county, or municipal taxation.

Sec. 13. The Chowan-Perquimans County Peace Officers' Protective Association supersedes and replaces any Peace Officers' Protective Associations heretofore organized and acting in either or both of the Counties of Chowan and Perquimans: Provided, however, any funds now in the hands of the Chowan County Peace Officers' Protective Association shall be turned over to the association created by this Act, such funds shall be used for providing benefits only for Chowan County law enforcement officers; provided further, the Executive Board may, in its discretion, lend part of said fund for a reasonable length of time to the association created by this Act if it shall be necessary to enable such association to commence functioning.

Sec. 14. Any person, firm or corporation guilty of violating any provisions of this Act shall be guilty of a misdemeanor and shall be fined or imprisoned or both within the discretion of the court.

Sec. 15. Membership in the association created by this Act or participation in benefits pursuant thereto shall not bar any person's right to be a member of any other State or local retirement system or to participate in the benefits of any other such system.

Sec. 16. Chapters 505 and 1283 of the Session Laws of 1959, and all other laws and clauses of laws in conflict with this Act, are hereby repealed.

Sec. 17. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 22nd day of March, 1963.