Legislative Update:

May 19, 2006

The short session of the 2005 General Assembly began in earnest on May 9, 2006 at noon.

With a 1.8 billion dollar surplus, law makers are scrambling to find ways to spend and save but mostly spend the budget surplus.

At the top of PBA’s priorities are the 25-year retirement bills, House Bill 142 and Senate Bill 149.

With the sudden departure of Senator Scott Thomas, primary sponsor of SB 149, momentum for the bill has suffered.  PBA has been working with fellow supporters to explore other options.  Agreed upon amendments that strengthen the separation allowance and other funding matters have been submitted to bill drafting.  We will keep you posted on our progress.

Our other important PBA bills for consideration this session are HB 447, Worker Compensation Loophole, which passed the House 114 to 0 but has been held up in the Senate Pensions and Retirement Committee, and HB 402 Military Buy Back, which last passed the House Pension & Retirement Committee and is currently in the House Appropriations Committee.

An outstanding development concerning due process for law enforcement officers has occurred this session.  Senator Don East of Forsyth County asked PBA to assist him with efforts to establish a “just cause” procedural due process for North Carolina deputy sheriffs.  This was followed by meetings with PBA representatives and Senator East and Representative Grier Martin, last years sponsor of HB 1504, PBA’s Law Enforcement Officers Discipline Act.

The (attached) draft legislation provided below is what followed.  This bill provides a just cause procedural hearing process for rank and file deputy sheriffs as provided in Article 3, Chapter 150B of the General Statutes.  This legislation would provide deputies with a hearing before an administrative law judge pursuant to the state office of Administrative Hearings.  (OAH), which is currently provided to state law enforcement officers and other state employees.

PBA is appreciative to Senator East and Rep. Martin and looks forward to working with them on this important legislation.

 The bill is eligible for this short session because of an appropriation element to the bill of $100,000 dollars, which will be used to pay the cost of the program before OAH.  This not only provides for the bill to be heard this session but ensures a funded mandate for Counties so they will not incur any costs from the legislation.

 Stay tuned and we will keep you posted.  This will require strong support and efforts from our members.