WeVote
Log In

Bill

Bill

HB 1223

Reenact Funding/Mecklenburg Emergency Pension Fund.

2025-2026 Session Introduced by Tricia Cotham

Reaches funding for Mecklenburg County’s Emergency Pension Fund by a mandatory court fee on qualifying criminal convictions or guilty pleas, with specified remittance rules.

Passed 1st Reading
#counties;emergencyservices;lawenforcement;lawenforcementofficers;local;personnel;retirement;salaries&benefits;sessionlaws;mecklenburgcounty;pension&retirementfunds
0
WeVote Research Nonpartisan
Bill Summary · HB 1223

Summary of HB 1223 (Session 2025, North Carolina)

Title

Reenact Funding/Mecklenburg Emergency Pension Fund (Local)

Primary Purpose

Authorize the reenactment and funding of the Emergency Pension Fund for sworn law enforcement officers in Mecklenburg County. The bill reinstates a specific court cost-based fee to fund the fund and sets related collection, remittance, and applicability provisions.

Key Provisions

  • Reenactment of Fund Authority

    • Reenacts Section 4 of Chapter 446 of the Public-Local Laws of 1931 (as it existed before repeal) to provide for an Emergency Pension Fund for Mecklenburg County’s sworn law enforcement officers.

  • Funding Mechanism

    • Establishes a court-cost fee: a mandatory fee of $1.00 (later described as $2.00 in the text) added to the bill of costs in all criminal cases in courts (excluding Justice of the Peace courts) in which there is a conviction or guilty plea.
    • Collected by:
    • Clerk of the City Recorder's Court
    • Clerk of the County Recorder's Court
    • Clerk of the Superior Court
    • All collected fees are to be paid to the Treasurer of the Officers Relief Board of Mecklenburg County (the Emergency Pension Fund Board).

  • Remittance Schedule

    • City Recorder's Court fees remitted weekly.
    • Superior Court fees remitted on the first day of each month.
    • Each remittance must be accompanied by a detailed, itemized statement of the cases generating the funds (forms to be supplied by the Officers Relief Board).

  • Use of Funds

    • Funds go to the Emergency Pension Fund for Sworn Law Enforcement Officers of Mecklenburg County, administered by the Officers Relief Board.

  • Exemptions and Limitations

    • If a defendant is committed to the roads, the fee is not charged if the defendant serves the sentence.
    • The $2.00 fee is not charged for traffic/highway violations where the maximum punishment is a $50.00 fine or up to 30 days imprisonment.
    • In traffic/highway cases with greater penalties, the fee applies.
    • If a defendant is convicted on multiple charges, the fee is taxed in the cost of only one conviction.

  • Reenactment of Additional Section

    • Section 1.(b) Reenacts Section 7 of Chapter 446 of the Public-Local Laws (as it existed prior to repeal).

  • Effective Date

    • The act becomes effective October 1, 2026.
    • Applies to bills of costs for convictions or guilty pleas occurring on or after that date.

Affected Entities

  • Mecklenburg County sworn law enforcement officers (affects their Emergency Pension Fund).
  • Courts within Mecklenburg County (City Recorder's Court, County Recorder's Court, and Superior Court) and their clerks (for collecting and remitting the fee).
  • The Officers Relief Board of Mecklenburg County (administrative body overseeing the fund).

Practical/Policy Impact

  • Provides a dedicated funding stream for the Emergency Pension Fund through a court-imposed fee on criminal convictions or guilty pleas.
  • Clarifies collection, remittance cadence, and reporting requirements to ensure transparency for fund inflows.
  • Creates timing and eligibility rules designed to balance funding with exemptions for certain low-level offenses and for offenders sentenced to prison labor (roads).

Timeline Highlights

  • Effective date: October 1, 2026.
  • Applies to qualifying convictions or guilty pleas on or after October 1, 2026.

Notes

  • The sponsor is Representative Cotham (with a co-sponsor noted as Tricia Cotham).
  • The bill is categorized as local; it amends Mecklenburg County provisions rather than statewide law.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.