Part of our job as members of the General Assembly is to pass laws that will keep North Carolinians safe.
This responsibility includes making sure emergency responders, such as firefighters and law enforcement officers, have all of the resources they need to perform their duties to the best of their abilities. While budget constraints prevented us from doing as much as we might have liked for our local heroes, we did get some important legislation passed that will enhance the safety of the citizens of North Carolina and protect those who protect us.
The following information highlights just some of the legislation we passed this year pertaining to firefighters, law enforcement, emergency management and public safety.
If you have any questions or if I can be of assistance, please feel free to contact me. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Firefighters
A new state law allows a member of the Fire and Rescue Pension Fund with five or more years of service to withdraw all the contributions that the individual made and any made on his behalf, less a $25.00 administrative fee (S.L. 2009-365 — HB 1073). Fire and Rescue Pension Fund members with less than five years of contributing service and who withdraw from the fund will receive money that the individual contributed to the fund, but money contributed on behalf of the member will be returned to the entity that made the contribution, less a $25.00 administrative fee.
The Future Volunteer Firefighters Act clarifies that nothing in the state’s youth employment provisions prohibit qualified youth under 18 years of age from participating in training through their fire department, the Office of State Fire Marshal, or the North Carolina Community College System (S.L. 2009-21 — HB 557). The act applies to uncompensated fire department or rescue squad members over the age of 15 and under the age of 18 and who belong to a fire department or a rescue squad.
Law Enforcement
The Division of Criminal Statistics must now collect and annually publish the number of deaths resulting from the use of deadly force by state and local law enforcement officers in the course and scope of their official duties. This act (S.L. 2009-106 — HB 266) becomes effective January 1 and applies to deaths from incidents occurring on or after that date.
The North Carolina Criminal Justice Education and Training Standards Commission can now better coordinate with local and state law enforcement officers, and with the community college system, to provide multiple firearms qualification sites for certification to carry a concealed handgun. The law (S.L. 2009-546 — SB 978) also revises the commission’s powers so that it can more easily issue concealed weapons permits to qualified retired law enforcement officers, as required by federal law. The law expands the commission’s authority to suspend, revoke or deny certification to people, programs and schools who do not meet its standards and prohibits the offering of courses or programs the commission determines do not comply with state law or rules.
Emergency Management
A new state law statutorily establishes the Department of Crime Control and Public Safety, Division of Emergency Management. Previously the department had authority primarily granted through executive orders issued by the governor (S.L. 2009-397 — HB 378). The legislation was recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery.
Local emergency management capabilities have an expanded ability to form joint emergency management agencies. Previously, a county could only form joint agencies with municipalities within its borders. The law, as recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery (S.L. 2009-196 — HB 380), allows counties to also work with other counties, as well as municipalities within the partnering county.
A new state law expands the powers of the Department of Crime Control and Public Safety, Division of Emergency Management, as Recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery (S.L. 2009-193 — HB 381). The law expands the functions of the state emergency management program to include: (1) administration of federal and State grant funds provided for emergency management purposes, including those funds provided for planning and preparedness activities by emergency management agencies; (2) serving as the lead State agency for the coordination of information and resources for hazard risk management; and (3) utilizing and maintaining technology that enables efficient and effective communication and management of resources between political subdivisions, State agencies, and other governmental entities involved in emergency management activities.
The Division of Emergency Management now has authority to establish a Voluntary Emergency Management Certification Program, as recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery. The law (S.L. 2009-225 — SB 258) is intended to strengthen and enhance the professional abilities of emergency management personnel by setting up educational and training standards for both state and local emergency management agencies.
The Division of Emergency Management will establish a voluntary model registry for use by counties and municipalities in identifying functionally and medically fragile persons in need of assistance during a disaster; and to authorize counties and municipalities to operate similar registries, as recommended by the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery (S.L. 2009-225 — SB 258).
Miscellaneous
Search and rescue animals have been given the same protections as those provided to law enforcement agency animals and animals that assist the disabled (S.L. 2009-460 — HB1098). Under the legislation, any person who knows or has reason to know that an animal is a search and rescue animal and who willfully kills that animal will be guilty of a Class H felony.
People who use defibrillators in emergency situations are no longer liable for damages unless they displayed gross negligence (S.L. 2009-424 — HB 1433).
A new state law improves boating safety by requiring boating safety education prior to operating a vessel with a motor of 10 horsepower or greater, as recommended by the Joint Select Committee on Mandatory Boating Safety Education (S.L. 2009-282 — SB 43). The legislation would require a boater safety education course of anyone born after Jan. 1, 1984.
Meetings/Events
I plan to attend the following meetings/events:
Please invite me to attend your county, city, community or civic, etc. meetings or events.
As I’ve said many times before, I hope you will continue to let me know how you feel about the issues that are being debated by the North Carolina Legislature and the challenges you and your family are facing each day.
By working together, we can make Northampton, Vance and Warren Counties and all regions of North Carolina a better place to live, work and raise a family.
Please remember that you can use the General Assembly’s website to look up bills, view lawmaker biographies and access other information. The site also contains detailed information about the state budget and legislative schedules.