NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 516

HOUSE BILL 922

 

 

AN ACT TO ESTABLISH A CIVIL AIR PATROL DIVISION WITHIN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY AND TO PROVIDE BENEFITS FOR CIVIL AIR PATROL MEMBERS WHILE ON STATE APPROVED MISSIONS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Article 11 of Chapter 143B of the General Statutes is amended by adding a new Part 5 to read:

"PART 5.

"Civil Air Patrol.

"§ 143B-490.  Civil Air Patrol Division powers and duties. — (a) There is hereby established, within the Department of Crime Control and Public Safety, the Civil Air Patrol Division, which shall be organized and staffed in accordance with this Part and within the limits of authorized appropriations,

(b)        The Civil Air Patrol Division shall:

(1)        receive and supervise the expenditure of State funds provided by the General Assembly or otherwise secured by the State of North Carolina for the use and benefit of the North Carolina Wing-Civil Air Patrol;

(2)        supervise the maintenance and use of State provided facilities and equipment by the North Carolina Wing-Civil Air Patrol;

(3)        receive, from State and local governments, their agencies, and private citizens, requests for State approval for assistance by the North Carolina Wing-Civil Air Patrol in natural or man-made disasters or other emergency situations. Such State requested and approved missions shall be approved or denied by the Secretary of Crime Control and Public Safety or his designee under such rules, terms and conditions as are adopted by the Department.

"§ 143B-491.  Personnel and benefits. — (a) The Wing Commander of the North Carolina Wing-Civil Air Patrol shall certify to the Secretary or his designee those senior members, 18 years of age or older, and who are in good standing, as senior members eligible for benefits. The Wing Commander shall provide the Secretary with two copies of the certification. The Secretary shall acknowledge receipt of, sign, and date both copies and return one to the Wing Commander. The Wing Commander shall, in the form and manner provided above, notify the Secretary of any changes in personnel within 30 days thereof. Upon the Secretary's signature, those members listed on the certification shall be eligible for the benefits listed below.

(b)        Those members of the North Carolina Wing-Civil Air Patrol certified under subsection (a) of this section shall be deemed and considered employees of the Department of Crime Control and Public Safety for workmen's compensation purposes, and for no other purposes, while performing duties incident to a State requested and approved mission. Such period of employment shall not extend to said members while performing duties incident to a United States Air Force authorized mission or any other Wing activities.

"§ 143B-492.  State liability. — Unless otherwise specifically provided, the members of the North Carolina Wing-Civil Air Patrol shall serve without compensation and shall not be entitled to the benefits of the retirement system for teachers and State employees as set forth in Chapter 135 of the General Statutes. The provisions of Article 31 of Chapter 143 of the General Statutes, with respect to tort claims against State departments and agencies, shall not be applicable to the activities of the North Carolina Wing-Civil Air Patrol, and the State or its agencies shall not in any manner be liable for injury or damage to any person, firm, or corporation by reason of the acts of the North Carolina Wing-Civil Air Patrol, its subdivisions or any of the members or officers thereof. The State shall not in any manner be liable for any of the contracts, debts, or obligations of the said organization."

Sec. 2.  G.S. 143-166.2(c) is amended on line two by deleting "or senior member of the Civil Air Patrol" and adding a new sentence at the end which reads as follows:

"When applied to a senior member of the Civil Air Patrol as defined in this Article, 'killed in the line of duty' shall mean any such senior member of the North Carolina Wing-Civil Air Patrol who is killed or dies as a result of bodily injuries sustained or of extreme exercise or extreme activity experienced in the course and scope of his official duties while engaged in a State requested and approved mission pursuant to Article 11 of Chapter 143B of the General Statutes."

Sec. 3.  G.S. 143-166.2(d) is amended by deleting the last sentence and substituting the following in lieu thereof:

"The term 'Civil Air Patrol members' shall mean those senior members of the North Carolina Wing-Civil Air Patrol 18 years of age or older and currently certified pursuant to G.S. 143B-491(a)."

Sec. 4.  G.S. 97-2(2), as the same appears in the 1977 Cumulative Supplement to Volume 2D of the North Carolina General Statutes, is amended by deleting paragraph five beginning on line 59 and substituting in lieu thereof the following:

"The term employee shall also include senior members of the Civil Air Patrol, 18 years of age or older, and currently certified pursuant to G.S. 143B-491(a) when performing duties in the course and scope of a State requested and approved mission pursuant to Article 11 of Chapter 143B."

Sec. 5.  G.S. 97-2(5), as the same appears in the 1977 Cumulative Supplement to Volume 2D of the North Carolina General Statutes, is amended by deleting the word and number "Article 5" from lines four and five of the fifth paragraph, and by substituting in lieu thereof the word and number "Article 11".

Sec. 6.  G.S. 167-2 is repealed.

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 4th day of May, 1979.