NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 411
HOUSE BILL 728

AN ACT TO CREATE A LAW ENFORCEMENT OFFICERS' RELIEF FUND FOR THE DARE COUNTY LAW ENFORCEMENT OFFICERS' ASSOCIATION.

The General Assembly of North Carolina do enact:

Section 1. This Act shall be known and may be cited as the Dare County Law Enforcement Officers' Relief Act.
Sec. 2. "Law enforcement officers" shall be deemed to include all peace officers of the County of Dare, North Carolina, or subdivisions thereof including all cities and towns, and also wildlife protectors and 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 officers.
Sec. 3. The Board of County Commissioners of Dare County is authorized and empowered, in its discretion, to create by resolution an association to be known and designated as the Dare County Law Enforcement Officers' Association, the membership of which shall include all peace officers of Dare County, as defined above.
Sec. 4. The affairs of the Dare County Law Enforcement Officers' Association shall be governed by an executive board which shall consist of the President of the Dare County Law Enforcement Officers' Association and four members to be elected by said association. The board shall have authority to make such rules, regulations and provisions as may be necessary to the proper administration of this Act. A chairman of said board shall be elected annually. A majority of the executive board shall constitute a quorum for the transaction of business. Initially, two members shall be elected for terms of one year, and two members shall be elected for terms of two years. Thereafter, all members shall be elected for terms of two years.
Sec. 5. In all criminal cases in Dare 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 Law Enforcement Officers' Relief Fee, and it 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 shall be turned over to the Treasurer of the Dare County Law Enforcement Officers' Association to be held by the said treasurer and securely kept for the purposes of the association. Provided, however, that such Law Enforcement Officers' Relief Fee shall not be taxed in the costs in cases where the costs are paid by the county. Donations and contributions to said Dare County Law Enforcement Officers' Association may be received from any source approved by the executive board.
Sec. 6. The money so paid into the hands of the Treasurer of Dare County Law Enforcement Officers' Association shall be known as the Dare County Law Enforcement 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 parents 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, 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 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 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 herein contained shall be construed to prevent any proceedings against said officer or committee to compel him or them to perform such duty.
Sec. 7. The Treasurer of the Dare County Law Enforcement Officers' Association shall be appointed by the Executive Board of the Dare County Law Enforcement Officers' Association. The treasurer shall give good and sufficient surety in a sum of 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 investments 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. For services as such the treasurer may be paid out of the funds of the association, a sum not to exceed fifty dollars ($50.00) per month, as determined by the executive board.
Sec. 8. Members of the executive board shall serve without compensation. Reasonable office and stationery supplies and medical advisory fees may be paid for out of the funds of the association.
Sec. 9. The executive board shall have authority to insure the members of the Dare County Law Enforcement Officers' Association against death or disability, or both, during the terms of their employment, under forms of insurance known as group or other insurance, and the premiums shall be payable out of the funds of the association.
Sec. 10. The Dare County Law Enforcement Officers' Association shall adopt a constitution and bylaws, to be approved by the executive board, suitable for carrying out the provisions and purposes of the Act.
Sec. 11. The current or accumulated funds of the association shall not be subject to State, county, or municipal taxation.
Sec. 12. Any person, firm or corporation 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. 13. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 14. This Act shall be in full force and effect from and after July 1, 1963.
In the General Assembly read three times and ratified, this the 9th day of May, 1963.