5/1Đ2014
The Daily Bulletin: Thursday, May 15, 2014 1 Legislative Reporting Service
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: Thursday, May 15, 2014
PUBLIC/HOUSE BILLS
H 1034 (2013-2014) VOLUNTEER FIRE AND RESCUE FINANCES (PED). Filed May 14 2014, A BILL TO BE ENTITLED
AN ACT TO AMEND THE LA WS RELA TED TO (1) LOCAL FIREFIGHTERS' RELIEF FUNDS, THE STATEWIDE
FIREFIGHTERS’ RELIEF FUND. AND THE RESCUE SQUAD WORKERS' RELIEF FUND, (2) WORKERS' COMPENSATION
FOR FIREFIGHTERS AND RESCUE SOUAD WORKERS, (3) SUPPLEMENTAL PENSIONS FOR FIREFIGHTERS AND
RESCUE SQUAD WORKERS, AND (4) THE VOLUNTEER FIRE DEPARTMENT FUND AND VOLUNTEER RESCUE/EMS
FUND, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION OVERSIGHT COMMITTEE.
Amends Article 84 of GS Chapter 58, changing the title of Article 84 to Local Firefighters' Relief Funds (was, Fund Derived
from Insurance Companies).
GS 58-84-5 defines terms as they app ly in Articles 84 through 88 of GS Chapter 58. Defines fire district as a political
subdivision of the state that meets all of the specified conditions. Amends those conditions as follows: ( 1 ) provides that a fire
district is rated and certified by the Commissioner (was, enforces the fire laws to the satisfaction of the Commissioner) and
(2) adds the condition that a fire district's response area has to have been approved by the local municipal government or, if
there is no local municipal government, by the local board of county commissioners.
Amends GS 58-84-25 to provide that the 3% deducted from the tax proceeds credited to the Department of Insurance
(Department) under GS 105-228. 5(d)(3) and paid to the treasurer of the State Firemen's Association is for administrative
purposes (was, general purposes). Directs the Insurance Commissioner to deduct 2% (was, 1%) from the tax proceeds and
retain the same in the Department's budget to administer the disbursement of funds by the board of trustees under the
provisions of GS 58-84-35.
Enacts GS 58-84-32 to direct local boards of trustees to manage local relief funds as prudent trustees of the funds, subject to
GS Chapter 36E.
Amends GS 58-84-35 to replace the term "fireman" with the term "firefighter." Provides criteria for a determination as to
whether a firefighter who is a member of the State Fireman's Association (SFA) qualifies as destitute and is therefore eligible
for assistance under Article 84. Providing assistance to a member requires the approval of the Executive Director of the SFA.
Adds to the approved purposes for disbursement of funds derived under Article 84 to provide that funds may be used for (1)
payment of firefighters' monthly assessments for the NC Firefighters' and Rescue Squad Workers' Pension Fund, (2) the
payment of premiums to the Workers' Compensation Fund established under GS 58-87-10, and (3) to provide for required
annual firefighter physical exams. Makes conforming changes to subsection (b) of GS 58-84-35. Adds a subsection (c) to
define the term financially unsound as used in subsection (b) of this section, and a subsection (d) to declare that a local board
of trustees is not restricted to making disbursements only from the interest earned on the local board's relief fund.
Amends GS 58-84-40 to more precisely specify what the accounting records and certified reports maintained by each local
board of trustees must contain. Also elaborates on the required content to be included in the State Firemen's Association
annual certification to the Department of Insurance.
Enacts GS 58-84-4 1 to require the Commissioner of Insurance to develop and maintain a database of the information reported
in GS 58-84-40(b), and to issue a unique fire department identification number (FDID) to each fire department in the state to
be used to coordinate database records and reports. Requires the data base to be operational by December 1, 2015.
Enacts GS 58-84-52 to provide that benefits are available to individual firefighters whose departments are not members of the
State Firemen's Association. Declares that benefits under this section are to be paid from funds forfeited from local
departments to the statewide Firefighters' Relief Fund.
Enacts GS 58-84-65 to repeal certain local laws that are inconsistent with Article 84 of GS Chapter 58. Enumerates the
content of provisions contained in any local act that was enacted or amended before January 1, 2014, which are repealed.
Amends GS 58-84-25, effective July 1, 2015, to direct the Commissioner to distribute allocations to fire districts and
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