NORTH CAROLINA GENERAL ASSEMBLY
1965 SESSION

CHAPTER 937
SENATE BILL 161

AN ACT TO REWRITE THE STATE LAW ENFORCEMENT OFFICERS' DEATH BENEFIT ACT, AND MAKE THE PROVISIONS APPLICABLE TO ALL LAW ENFORCEMENT OFFICERS.

The General Assembly of North Carolina do enact:

Section 1.  Article 12A, Chapter 143, as it appears in Volume 3C of the General Statutes, is hereby rewritten in its entirety as follows:
"ARTICLE 12A
Law Enforcement Officers' Death Benefit Act.
"§ 143-166.1.  Purpose. In consideration of hazardous public service rendered to the State by law enforcement officers, there is hereby provided a system of benefits for dependents who are closely related to such officers as may be killed in the discharge of their official duties.
"§ 143-166.2.  Definitions. The following words and phrases, when used in this Article, shall have the meanings assigned to them by this Section unless the context clearly indicates another meaning:
(1)	The term 'dependent child' shall mean any unmarried child of the deceased officer, whether natural, adopted or posthumously born, who was under eighteen years of age and dependent upon and receiving his chief support from said officer at the time of his death;
(2)	The term 'dependent parent' shall mean a parent of an officer, whether natural or adoptive, who was dependent upon and receiving his total and entire support from the officer at the time of the injury which resulted in his death;
(3)	The term 'law enforcement officer' or the term 'officer' shall mean all law enforcement officers employed full time by the State of North Carolina or any county or municipality thereof;
(4)	The term 'killed in the line of duty' shall apply to any law enforcement officer who is killed while in the discharge of his official duty or duties;
(5)	The term 'widow' shall mean the wife of an officer who survives him and who was residing with such officer at the time of and during the six months next preceding the time of injury to such officer which resulted in his death and who also resided with such officer from the date of injury up to and at the time of his death.
"§ 143-166.3.  Payments; Determination. When any law enforcement officer shall be killed while in the discharge of his official duties, the Industrial Commission shall award the total sum of five thousand dollars($5,000.00) as follows:
(1)	To the widow of such officer if there be a surviving widow; or
(2)	If there be no widow qualifying under the provisions of this Article, then said sum shall be awarded to any surviving dependent child of said officer; and if there is more than one surviving dependent child, then said sum shall be awarded to and equally divided among all surviving dependent children; or
(3)	If there be no widow and no dependent child or children qualifying under the provisions of this Article, then the sum shall be awarded to the surviving dependent parent of such officer; and if there be more than one surviving dependent parent, then said sum shall be awarded to and equally divided between the surviving dependent parents of said officer.
"§ 143-166.4.  Funds; Conclusiveness of Award. Such award of benefits as is provided for by this Article shall be paid from the Contingency and Emergency Fund and such amounts as may be required to pay benefits provided for by this Article are hereby appropriated from said fund for this special purpose.
"The Industrial Commission shall have power to make necessary rules and regulations for the administration of the provisions of this Article. It shall be vested with power to make all determinations necessary for the administration of this Article and all of its decisions and determinations shall be final and conclusive and not subject to review or reversal except by the Industrial Commission itself. The Industrial Commission shall keep a record of all proceedings conducted under this Article and shall have the right to subpoena any persons and records which it may deem necessary in making its determinations, and the Industrial Commission shall further have the power to require all persons called as witnesses to testify under oath or affirmation, and any member of the Industrial Commission may administer oaths. If any person shall refuse to comply with any subpoena issued hereunder or to testify with respect to any matter relevant to proceedings conducted under this Article, the Superior Court of Wake County, on application of the Industrial Commission, may issue an order requiring such person to comply with the subpoena and to testify; and any failure to obey any such order of the court may be punished by the court as for contempt.
"§ 143-166.5.  Other Benefits Not Affected. None of the other benefits now provided for law enforcement officers or their dependents by the Workmen's Compensation Act or other laws shall be affected by the provisions of this Article, and the benefits provided for herein shall not be diminished, abated or otherwise affected by such other provisions of law.
"§ 143-166.6.  Awards Exempt From Taxes. Any award made under the provisions of this Article shall be exempt from taxation by the State or any political subdivision. The Industrial Commission shall not be responsible for any determination of the validity of any claims against said awards and shall distribute the death benefit awards directly to the dependent or dependents entitled thereto under the provisions of this Article.
"§ 143-166.7.  Applicability of Article. The provisions of this Act shall also apply and be in full force and effect with respect to any law enforcement officer killed in the discharge of his official duties on or after January 1, 1964."
Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3.  This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 11th day of June, 1965.