February 14, 2000
LEGISLATIVE UPDATES
PUBLIC PENSIONS
In the 106th Congress, NAPO has supported two broad-based pension bills that would enhance the portability and preservation of retirement benefits and would allow for stronger funding of pension plans. NAPO supports H.R. 1102, the 'Comprehensive Retirement Security and Pension Reform Act of 1999' introduced by Congressmen Rob Portman (R-OH) and Ben Cardin (D-MD) and S. 741, the 'Pension Coverage and Portability Act of 1999' introduced by Senators Bob Graham (D-FL) and Chuck Grassley (R-IA). The public pension provisions in these two pieces of legislation are very similar.Last year, in the 1st session of the 106th Congress, H.R. 1102 was added to H.R. 2488, the 'Taxpayer Refund and Relief Act' which provided $792 billion in tax cuts. On August 5, 1999, H.R. 2488 passed both the House and Senate. However, making good on his promise the President vetoed H.R. 2488 on September 23, 1999. Consequently, the public pension provisions were vetoed along with H.R. 2488.
In November of last year, before Congress adjourned, the Senate debated S. 625, bankruptcy reform legislation, which already passed the House. A minimum wage amendment was added on the Senate side, to S. 625, which contained some of the public pension provisions found in H.R. 1102 and S. 741. The public pension provisions attached to S.625 and supported by NAPO include the following:
· Allow rollovers between and among 457s, IRAs, 401ks and 403(b)s. · Allow the use of 457 funds to purchase service credits in a defined benefit plan. · Phase in the maximum annual contribution to 457s from $8,000 to $15,000 through 2005 and allow catch-up contributions that would be twice the annual limit. · Increase the defined benefit dollar limit on annual benefits payable from $130,000 to $160,000. · Changes in the distribution requirements to give employees more options as to when and how they will receive benefits from their 457 plan.
On February 2, 2000, by a vote of 83-14, the Senate passed S. 625, bankruptcy reform legislation, which contained the public pension provisions. This bill will proceed to Conference Committee in order to reach a compromise between the House and Senate versions of the bankruptcy legislation. The House version contains only bankruptcy legislation, while the Senate passed bill includes bankruptcy, minimum wage and pension legislation. The final outcome of S. 625 is yet to be determined, but could include a presidential veto unless subsequent changes are made to the Senate minimum wage provision.
BILL OF RIGHTS
Over the past decade, NAPO has lobbied for the passage of legislation that ensures the due process rights of law enforcement officers. During the 105th Congress, Senators Mitch McConnell (R-KY), Joseph Biden (D-DE) and Patrick Leahy (D-VT) introduced S. 348, the 'Law Enforcement Officers' Bill of Rights Act of 1997.' On the House side, Congressman Bart Stupak (D-MI) introduced H.R. 350.
In the 106th Congress, NAPO drafted new but comparable legislation, which would ensure the due process rights of law enforcement officers throughout the country. NAPO, along with other national law enforcement groups, has refined the Bill of Rights to facilitate its introduction and passage. The title of this draft proposal is the 'State and Local Law Enforcement Discipline, Accountability and Due Process Act of 2000.' NAPO has been working closely with legislators and their staffs in drafting a comprehensive bill and is planning for its introduction sometime in February.
COLLECTIVE BARGAINING
On March 11, 1999, Congressmen Dale Kildee (D-MI) and Bob Ney (R-OH) introduced H.R. 1093, the 'Public Safety Employer / Employee Act of 1999.' This legislation has 234 co-sponsors, which represents more than a majority of members who serve in the House of Representatives. If passed into law, H.R. 1093 would allow state and local law enforcement officers the right to reach and maintain agreements concerning rates of pay, hours and working conditions. Please write to your member of congress if they have not signed onto H.R.1093. If you need a list of co-sponsors, please contact Mike Troubh at (202) 842-4420.
COPS
Last year, the COPS program for Fiscal Year 2000 was appropriated $913 million, of which, $595 was new money and the remaining $318 million was carried over from the previous year. This year, the COPS program will face two separate battles, the re-authorization to continue the program and the appropriation of funds for Fiscal Year 2001. NAPO has been working with the Administration and members of Congress to continue the hiring of new police officers, the retention of already hired officers, scholarships for active law enforcement officers and new monies for technologies to facilitate police efforts to fight crime.
If legislation is not enacted, authorization for the COPS program is due to expire this year. Both the House and Senate have introduced legislation to reauthorize the COPS program through Fiscal Year 2005.
On November 21, 1999, Senator Joseph Biden Jr. (D-DE), introduced S. 1760, the 'PROTECTION Act of 1999' and on November 29, 1999, Congressman Anthony Weiner (D-NY) introduced H.R. 3144, also known as the 'PROTECTION Act of 1999'. In the administration's budget proposal, the President has requested $1.335 billion to continue the COPS program for Fiscal Year 2001.
MANDATORY SOCIAL SECURITY
This year the Administration and members of Congress will continue their debate on the future of Social Security. It is projected that around 2030, the Social Security Trust Fund will pay out more in benefits than it receives in taxes. NAPO supports a long-term solution, as long as such a solution does not mandate that all or some state and local government employees, including newly hired ones, and their employing agencies be required to pay Social Security taxes.
Some of the legislative proposals introduced in the 106th Congress contain provisions mandating that public employees be covered under Social Security. The bills that contain mandatory coverage provisions which are opposed by NAPO, include S. 21, the 'Social Security Solvency Act of 1999' introduced by Senator Daniel Moynihan (D-NY), H.R. 249, the 'Personal Retirement Account Act of 1999' introduced by Mark Sanford (R-SC) and H.R. 3206, the 'Social Security Solvency Act of 1999' introduced by Congressman Nick Smith (R-MI).
ASSET FORFEITURE
The House of Representatives passed H.R. 1658, civil asset forfeiture reform legislation, which was introduced by Congressman Henry Hyde (R-IL). NAPO lobbied against the passage of this legislation, which would curtail law enforcement's ability to seize property from criminal activity. NAPO, along with the Department of Justice and other national law enforcement groups, supported a compromise version in the Senate, S. 1701, introduced by Senators Jeff Sessions (R-AL), Charles Schumer (D-NY), Strom Thurmond (R-SC) and Joseph Biden (D-DE).
Currently, in order for law enforcement to seize property, it needs 'probable cause,' the same standard of proof that is required to arrest a person or secure a warrant to search a person's home. However, H.R. 1658 would require that law enforcement prove by 'clear and convincing evidence' that the property was used in an illegal manner. The legislation shifts the burden of proof too far on the government. The Senate version, S.1701, would raise the burden of proof for the government in forfeiture claims from probable cause to 'preponderance of the evidence.'
On November 16, 1999, Senator Orrin Hatch (R-UT), Chairman of the Judiciary Committee and Senator Patrick Leahy, ranking minority member of the Judiciary, introduced S. 1931, the 'Civil Asset Forfeiture Reform Act.' Chairman Hatch plans on offering his legislation as a substitute for H.R. 1658 during Senate Judiciary Committee debate early this year. However, the substitute language is not as favorable as S. 1701 in protecting the interests of law enforcement. Therefore, NAPO is opposed to S. 1931 and H.R. 1658 and will continue to support S. 1701.
TAX ON ASSOCIATION INVESTMENT INCOME
Last year, the President's budget proposal contained a tax increase on associations that are currently tax exempt under section 501(c)(6) of the Internal Revenue Code. NAPO, along with a coalition of associations, successfully lobbied against having this provision included in the final budget agreement. Once again, the President has included in his budget for this year the same tax provision on 501(c)(6) organizations. The President's budget proposal taxes nonprofit trade and professional associations' income from interest, dividends, rents, capitol gains and royalties. The first $10,000 of income from these investments would not be taxed, but anything over this amount will be subject to the unrelated business income tax (UBIT). NAPO is unequivocally opposed to any such tax on 501(c)(6) associations. PASSED BY HOUSE & SENATE JUVENILE JUSTICE (RIGHT TO CARRY ADDED)
Currently, the Juvenile Justice legislation that passed both the House and Senate (H.R. 1501 and S. 254 respectively), is being negotiated in Conference Committee by Senate and House members. After continuous lobbying by NAPO, H.R. 218, introduced by Randy Cunningham (R-CA), will be included in the final version of the Juvenile Justice legislation. H.R. 218 would allow both active and retired law enforcement officers to carry their weapons across state lines. However, the Juvenile Justice legislation itself still contains contentious gun control measures that could very well kill the entire bill if members of Congress and the Administration do not work out their differences.
NATIONAL MEDAL FOR PUBLIC SAFETY OFFICERS
On May 18, 1999 the Senate passed S. 39, and on April 13th the House passed H.R. 46, both called the 'Public Safety Officer Medal of Valor Act.' Both bills would provide for a national medal for public safety officers who act with extraordinary valor above and beyond the call of duty. The two bills passed by the House and Senate differ on the maximum number of recipients, who would be eligible to receive the award for any given year. House and Senate members will have to work out the difference between the two bills before passage.
ITEMS ENACTED INTO LAW WIRELESS 911
On October 26, 1999 the President signed Public Law 106-81, S.800, the 'Wireless Communications and Public Safety Act of 1999.' The legislation directs the Federal Communications Commission (FCC) to designate 911 as the universal emergency assistance number for both wireless and wireline forms of communication. The FCC would also provide technical support to the states to help them implement comprehensive emergency communications infrastructures, which allow emergency personnel to obtain a 911 caller's wireless phone number and location. At the same time, the bill extends to wireless providers and users of 911 services the same liability standard that has already been established for wireline providers and users of 911 services. TOP COPS AWARDS® NOMINATIONS
As a reminder, nominations for the Seventh Annual TOP COPS Awards® are due April 15, 2000. The ceremony will take place August 5, 2000, at the Warner Theatre in Washington, D.C. in conjunction with our 22nd Annual Convention. A nomination form is enclosed, please call the NAPO office if you have any questions at (800) 322-NAPO.
NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL GOLF CLASSIC
Consider supporting the National Law Enforcement Officers Memorial by participating in the First Annual National Law Enforcement Officers Memorial Golf Classic, November 13-17, 2000, in Myrtle Beach, South Carolina. All golfers with USGA Handicaps are invited to participate in this event. The tournament offers an exciting format with terrific prizes. The number of entries is limited, so call the tournament office today at (877) 465-3467.
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