Legislative Update:
May 1, 2009
As reported in our last update, two PBA bills were to be scheduled before the House Pensions and Retirement Committee this week.
On Wednesday, April 29, 2009, HB 816, sponsored by Representatives Cotham, Dollar, McLawhorn and Weiss, which removes penalties from officers’ separation allowance, and HB 766, sponsored by Representatives Womble, Parmon, Mobley and Jones, which provides a pension option for spouses of officers killed in the line of duty, were both heard in committee.
Rep. Tricia Cotham
with Bill Supporters
(L-R) PBA Member Mike Perkins, PBA Member Andrew Chilton
PBA Member Justin Guthrie, PBA Member Lori Strickland,
PBA Member Jason Tyndal, Rep. Tricia Cotham, NCPBA
Legislative Chairperson Randy Byrd, PBA Member Matt
Pearson, NC Association of Police Chiefs Legislative Liasion Tom Younce, and PBA Member Kevin Clodfelter
In attendance were several PBA members representing chapters from across the state. Each was recognized by the committee including Ms. Joyce Plouff, wife of Winston-Salem Police Sergeant and PBA member Howard Plouff. Sgt. Plouff was killed in the line of duty in 2007 after responding to assist fellow officers. His death revealed the important need for this legislation.
Supporters of Joyce Plouff
L-R: Winston Salem
City Attorney Angela Carmon, Sen. Peter Brunstetter,
Joyce Plouff,
Rep. Larry Womble, Rep. Earline Parmon, Winston Salem
Chapter Legislative Chair Kevin Clodfelter, Winston
Salem PD Captain Patricia Murray, NCPBA Legislative
Chair Randy Byrd
This was the second time Ms. Plouff came to Raleigh to
speak to legislators. When passed, this legislation will
be the first step in protecting thousands of police
officers and their families. Ms. Plouff’s dedication and
grace in the face of her great personal loss has been
instrumental to the bill’s successful progress thus far.
Following several positive and heartfelt comments from
committee members, HB 766 received a favorable report
and was referred to the full House.
Joyce Plouff speaking to the committee
Rep. Parmon greeting Joyce Plouff
On Thursday, April 30, 2009, HB 766 passed the House on 2nd and 3rd readings by a vote of 113 to 0 and was sent to the Senate. As previously reported, companion bill to HB 766, SB 411 sponsored by Senator Brunstetter, already passed the Senate on April 14, 2009, by a vote of 49 - 0. Concurrence on these bills is anticipated soon, whereupon the bill will be ratified and sent to Governor Perdue for her consideration.
HB 816 also received a favorable report from the committee and was referred to the House Appropriations Committee. The bill received near unanimous support from other organizations including the North Carolina Association of Chiefs of Police who sent Chief Tom Younce to speak in favor of the bill. After Representative Cotham told the committee she had heard from no one who opposed the bill, a representative from the North Carolina League of Municipalities advised the committee that while the league was pleased that the bill was introduced they had “serious concerns” about a retroactive clause in the bill. The league is concerned that municipalities may be required to retroactively pay retired officers a separation allowance that was previously denied.
Rep. Tricia Cotham Speaking on HB 816
Rep. Womble speaking on HB 766
Following these comments, the committee gave HB 816 a favorable report. HB 816 is next to be heard in the House Appropriations Committee.
The league has since contacted PBA and advised that they support the bill and want to work together to resolve the concern. We will keep you posted.