GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 1658

Short Title:  Firemen's Relief/Appeal From Forfeit.	(Public)

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Sponsors: Representatives Cansler, Nesbitt, Sherrill, Walend; Davis and Insko.

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Referred to:  Rules, Calendar, and Operations of the House.

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May 23, 2000

A BILL TO BE ENTITLED
AN ACT TO PROVIDE A MECHANISM FOR CITY AND TOWN FIRE DEPARTMENTS TO RECEIVE FIREMEN'S RELIEF FUND MONEYS WHEN THEIR PAYMENTS HAVE BEEN FORFEITED THROUGH NO FAULT OF THEIR OWN.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 58-84-45 reads as rewritten:
"§ 58-84-45.  Municipal clerk to certify list of fire companies; effect of failure; appeals.
The clerk of any city, town, village, or other municipal corporation that has an organized fire department shall, on or before October 31 in each year, make and file with the Commissioner the clerk's certificate, stating the existence of the department, the number of steam, hand, or other engines, hook and ladder trucks, and hose cars in actual use, the number of organized companies, and the system or systems of water supply in use for the department, together with such other information that the Commissioner requires.  This information shall be on a form furnished by the Commissioner.  If the clerk fails to file the certificate required by this section with the Commissioner on or before October 31 in any year, the city or town shall forfeit the payment next due to be paid to its board of trustees.  The Commissioner shall pay over the forfeited amount to the treasurer of the North Carolina State Firemen's Association, who shall credit that amount to the firemen's relief fund.
(b)	If the Commissioner fails to furnish the certificate form to the clerk, if the certificate form is sent to the wrong party, or if the clerk does not receive the certificate form for any reason that is not the fault of the clerk, city, or town, the city or town may appeal to the Commissioner if any of these occurrences cause a forfeiture of the next payment to the city or town.  Notwithstanding any other provision of law, if the Commissioner determines that the city or town is entitled to payment, the Commissioner may (i) order the Association to make the payment from the relief fund; or (ii) make the payment to the city or town from the proceeds in G.S. 58-84-25."
Section 2.  This act is effective when it becomes law and applies retroactively to August 15, 1998.