NORTH CAROLINA GENERAL ASSEMBLY
HOUSE BILL 772
AN ACT TO CREATE A PEACE OFFICERS' RELIEF FUND FOR THE COUNTY OF ROCKINGHAM.
WHEREAS, Rockingham County Board of Commissioners at their regular meeting held May 1, 1961, did adopt a resolution by unanimous vote requesting the following legislation: Now, therefore,
The General Assembly of North Carolina do enact:
Section 1. Short Title. This Act shall be known and may be cited as the Rockingham County Peace Officers' Relief Act,
Sec. 2. Definitions. Peace officers shall be deemed to include all peace officers of the County of Rockingham, North Carolina, or subdivision thereof including all cities, towns 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 peace officers or while acting as such peace officer.
Sec. 3. Creation of Association. An association to be known and designated as the Rockingham County Peace Officers' Protective Association shall be formed, the membership of which shall include all peace officers in Rockingham County 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 for that purpose, giving such information as may be required by said association, shall be a member of the Training Center, 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 the provisions of this Section shall not apply to special officers or citizens who have not had a reasonable time from date they were appointed, summoned or deputized, to register with said association. And provided further, that said reasonable time shall not exceed thirty days.
Sec. 5. Creation of Executive Board. The Executive Board shall consist of the Mayor of Reidsville, the Mayor of Leaksville, the Mayor of Spray, the Mayor of Draper, the Mayor of Madison, the Mayor of Mayodan, the Mayor of Stoneville, the Chief of Police of Reidsville, the Chief of Police of Leaksville, the Chief of Police of Spray, the Chief of Police of Draper, the Chief of Police of Madison, the Chief of Police of Mayodan, the Chief of Police of Stoneville, the Chairman of the Rockingham County Board of Commissioners, and the Sheriff of Rockingham County. The said board shall elect a Chairman at its first meeting in each year. A majority of the members of said Executive Board shall constitute a quorum for the transaction of business.
Sec. 6. Source of Revenue. That in all criminal cases in Rockingham County, 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 one dollar ($1.00) 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 Rockingham County Peace Officers' Protective Association to be held by him 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 Rockingham County Peace Officers' Protective Association may be received from any source approved by the Executive Board.
Sec. 7. Application of Fund. The money so paid into the hands of the Treasurer of the Rockingham County Peace Officers' Protective Association shall be known as, the Rockingham County 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 in the actual discharge of duty as a peace officer, 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 in such discharge of duty, 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, above provided for, 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 benefit 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 bylaws of said association; but if any officer or committee of said association omit or refuse to perform any duty imposed upon him or them, nothing therein contained shall be construed to prevent any proceedings against said officer or committee to compel him or them to perform such duty.
Sec. 8. The Secretary and Treasurer shall be appointed by the Executive Board of Rockingham County Peace Officers' Protective Association. The Treasurer shall give good and sufficient surety in a sum not less than the amount of money on hand, 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, the Secretary and the 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 an appropriation of fifty dollars ($50.00) per month of a Secretary and Treasurer who shall be appointed by the Executive Board. Necessary office and stationery supplies shall be paid for out of the funds of the association.
Sec. 10. The Rockingham County Peace Officers' Protective Association shall adopt a constitution and bylaws, to be approved by the Executive Board, suitable for carrying out the provisions and purposes of this Act.
Sec. 11. The Executive Board shall have authority to insure the members of the Rockingham 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. 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. 14. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 15. This Act shall be in full force and effect from and after July 1, 1961.
In the General Assembly read three times and ratified, this the 2nd day of June, 1961.