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.
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 who withdraw from the fund will receive the 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. 2009-192 – HB 377) 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.
Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. October 15, 2009
While the dominant theme this past session was addressing our financial challenges, the General Assembly still had many important policy areas to consider. One of them was state’s mental health system, which has been in disorder for a number of years. During the 2009 session, we worked with the governor to bring stability to the system and build on gains we made in recent years.
To address the budget shortfall in our mental health, developmental disabilities and substance abuse programs, we concentrated on finding efficiencies, moving to more effective services and making small but crucially important investments. The cuts will mean an undeniable reduction in services, but as problems emerge, we are working closely with the Department of Health and Human Services to adjust and to implement improved approaches we may not have otherwise identified.
I have included information about these important changes below.
If you have questions or concerns, I hope that you will contact me. I’m pleased to do what I can to help any of my constituents. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Budget Issues
_This year’s budget appropriated $12 million for additional local inpatient beds for the mentally ill to treat people closer to their homes and relieve state hospitals. Last session we funded more than 100 local inpatient beds across the state and we are already seeing the positive effects of reduced admission rates at our state hospitals. Access to local crisis services and local inpatient beds will help us build our local provider networks.
_ We now require all provider agencies to deliver a continuum of services rather than only one service. This change is expected to save money and improve services. We have found that comprehensive providers allow consumers more stability as they step down from intensive services to maintenance services. This move will eliminate the providers who provide only one service and are reluctant to refer a consumer to another, more appropriate provider who delivers lower or higher level of services.
Transparency
_State facilities that provide mental health, developmental disabilities, and substance abuse services are now required to disclose certain information about death reports, facility police reports, and incident reports under a new state law (S.B. 799 – S.L. 2009-299). The intent of the legislation is to improve transparency.
_More local mental health agencies are required to report twice a year how they are spending money under a new state law (H.B. 672 – S.L. 2009-191). The law requires Local Management Entities (LMEs) that use single stream funding to issue a public report on their use of service dollars and receive public comment during a regularly scheduled board of directors meeting. The intent of the legislation is to require more transparency and accountability for state-funded mental health providers.
Crime/Safety
_A new state law clarifies the responsibility of payment of witness fees and guardian ad litem fees in incompetency proceedings (H.B. 506 – S.L. 2009-387). The legislation also authorizes the appointment of a guardian ad litem for a person who is adjudicated incompetent, provides for appointment of counsel for an indigent person in certain proceedings, provides for representation for the Department of Correction and appointment of counsel for offenders in satellite-based monitoring proceedings, and provides for appointment of counsel by the Office of Indigent Services in capital cases.
_A new state law clarifies that a Silver Alert may be issued for a person of any age (H.B. 1129 - S.L. 2009-143). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from cognitive impairments.
_A new state law directs Division of Health Service Regulation within the Department of Health and Human Services (DHHS) to establish a pilot program to study alternative staffing requirements for facilities that use electronic supervision devices (S.B. 884 – S.L. 2009-490). The law directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules establishing acceptable electronic supervision standards and personnel requirements at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance.
Involuntary Commitment
_A new state law provides that if inpatient treatment is warranted and a 24-hour facility is not immediately available or appropriate, the a person who is being involuntarily committed for mental treatment may be detained at the site of the first examination. The law also provides a process for required release after seven days (H.B. 243 – S.L. 2009-340). In addition, the law expands the Involuntary Commitment Pilot program to allow a licensed clinical social worker, a master’s level psychiatric nurse, or a Master’s level certified clinical addictions specialist to conduct the initial (first level) examinations of individuals.
_A new state law requires a physician or eligible psychologist to contact the Local Management Entity (LME) when a respondent has been scheduled for an appointment with an outpatient treatment center (H.B. 1189 – S.L. 2009-315). The act also allows first examinations for involuntary commitment for mental illness to be conducted by telemedicine.
Miscellaneous
_A new state law establishes a statewide data collection system that reflects how many people with developmental disabilities are currently waiting for services (H.B. 673 – S.L. 2009-186). This list will provide the data needed to effectively serve people with developmental disabilities. The law also permits the Department of Health and Human Services to ensure that state-funded developmental disability services are authorized on an annual or semi-annual basis depending on the services, and will also give direction to the department to develop developmental disability service definitions that allow for funding of a person-centered plan rather than funding each service within a plan separately.
_A new state law known as “People First” directs legislative drafting offices and state agencies to use respectful references to people with disabilities in the preparation of legislation and rules. (S.B. 208 – S.L. 2009-264). More specifically, the law directs the Legislative Services Office to incorporate into its training of legislative drafters the preference to avoid language that implies that a person as a whole is disabled, that equates a person with his or her condition, or that may be derogatory or demeaning.
_A new state law amends the state purchase and contract laws to exempt group purchases made by developmental centers, neuromedical treatment centers, and alcohol and drug abuse treatment centers from a competitive bidding purchasing program (H.B. 1088 – S.L. 2009-184).
_The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services will be directed to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury (TBI) under a new state law (H.B. 1309 – S.L. 2009-361).
Prepared with the assistance of the Speaker’s Office of Communications
To address the budget shortfall in our mental health, developmental disabilities and substance abuse programs, we concentrated on finding efficiencies, moving to more effective services and making small but crucially important investments. The cuts will mean an undeniable reduction in services, but as problems emerge, we are working closely with the Department of Health and Human Services to adjust and to implement improved approaches we may not have otherwise identified.
I have included information about these important changes below.
If you have questions or concerns, I hope that you will contact me. I’m pleased to do what I can to help any of my constituents. Thank you as always for your interest in the work of the General Assembly and state government and thank you for your support.
Budget Issues
_This year’s budget appropriated $12 million for additional local inpatient beds for the mentally ill to treat people closer to their homes and relieve state hospitals. Last session we funded more than 100 local inpatient beds across the state and we are already seeing the positive effects of reduced admission rates at our state hospitals. Access to local crisis services and local inpatient beds will help us build our local provider networks.
_ We now require all provider agencies to deliver a continuum of services rather than only one service. This change is expected to save money and improve services. We have found that comprehensive providers allow consumers more stability as they step down from intensive services to maintenance services. This move will eliminate the providers who provide only one service and are reluctant to refer a consumer to another, more appropriate provider who delivers lower or higher level of services.
Transparency
_State facilities that provide mental health, developmental disabilities, and substance abuse services are now required to disclose certain information about death reports, facility police reports, and incident reports under a new state law (S.B. 799 – S.L. 2009-299). The intent of the legislation is to improve transparency.
_More local mental health agencies are required to report twice a year how they are spending money under a new state law (H.B. 672 – S.L. 2009-191). The law requires Local Management Entities (LMEs) that use single stream funding to issue a public report on their use of service dollars and receive public comment during a regularly scheduled board of directors meeting. The intent of the legislation is to require more transparency and accountability for state-funded mental health providers.
Crime/Safety
_A new state law clarifies the responsibility of payment of witness fees and guardian ad litem fees in incompetency proceedings (H.B. 506 – S.L. 2009-387). The legislation also authorizes the appointment of a guardian ad litem for a person who is adjudicated incompetent, provides for appointment of counsel for an indigent person in certain proceedings, provides for representation for the Department of Correction and appointment of counsel for offenders in satellite-based monitoring proceedings, and provides for appointment of counsel by the Office of Indigent Services in capital cases.
_A new state law clarifies that a Silver Alert may be issued for a person of any age (H.B. 1129 - S.L. 2009-143). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from cognitive impairments.
_A new state law directs Division of Health Service Regulation within the Department of Health and Human Services (DHHS) to establish a pilot program to study alternative staffing requirements for facilities that use electronic supervision devices (S.B. 884 – S.L. 2009-490). The law directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt rules establishing acceptable electronic supervision standards and personnel requirements at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance.
Involuntary Commitment
_A new state law provides that if inpatient treatment is warranted and a 24-hour facility is not immediately available or appropriate, the a person who is being involuntarily committed for mental treatment may be detained at the site of the first examination. The law also provides a process for required release after seven days (H.B. 243 – S.L. 2009-340). In addition, the law expands the Involuntary Commitment Pilot program to allow a licensed clinical social worker, a master’s level psychiatric nurse, or a Master’s level certified clinical addictions specialist to conduct the initial (first level) examinations of individuals.
_A new state law requires a physician or eligible psychologist to contact the Local Management Entity (LME) when a respondent has been scheduled for an appointment with an outpatient treatment center (H.B. 1189 – S.L. 2009-315). The act also allows first examinations for involuntary commitment for mental illness to be conducted by telemedicine.
Miscellaneous
_A new state law establishes a statewide data collection system that reflects how many people with developmental disabilities are currently waiting for services (H.B. 673 – S.L. 2009-186). This list will provide the data needed to effectively serve people with developmental disabilities. The law also permits the Department of Health and Human Services to ensure that state-funded developmental disability services are authorized on an annual or semi-annual basis depending on the services, and will also give direction to the department to develop developmental disability service definitions that allow for funding of a person-centered plan rather than funding each service within a plan separately.
_A new state law known as “People First” directs legislative drafting offices and state agencies to use respectful references to people with disabilities in the preparation of legislation and rules. (S.B. 208 – S.L. 2009-264). More specifically, the law directs the Legislative Services Office to incorporate into its training of legislative drafters the preference to avoid language that implies that a person as a whole is disabled, that equates a person with his or her condition, or that may be derogatory or demeaning.
_A new state law amends the state purchase and contract laws to exempt group purchases made by developmental centers, neuromedical treatment centers, and alcohol and drug abuse treatment centers from a competitive bidding purchasing program (H.B. 1088 – S.L. 2009-184).
_The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services will be directed to adopt rules providing for the licensure and accreditation of residential treatment facilities for persons with traumatic brain injury (TBI) under a new state law (H.B. 1309 – S.L. 2009-361).
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. October 1, 2009
The economic downturn forced us to cut spending in a number of ways this year. Inevitably, some of these cuts have trickled down to local governments, requiring that we eliminate free work by prison work crews and payments to jails for housing some prisoners. Despite these cutbacks, we were able to write several new laws that benefit local governments and the people they serve. We were also able to continue to invest in some areas critical to the success of North Carolina communities. This week, I want to highlight some of the ways the House of Representatives worked to better and protect local communities across this great state.
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.
Transportation and Energy
_A new state law will allow counties the opportunity to raise more money for mass transit projects, including rail service and buses (H.B. 148 - S.L. 2009-527). The legislation allows residents of Durham, Forsyth, Guilford, Orange and Wake counties to vote on whether to increase local sales taxes by ½ cent and car registration fees by up to $2. The money would be used for public transportation. Other counties could increase sales taxes by a ¼ cent for such projects. The legislation is based on a plan Mecklenburg County used to finance its new popular downtown rail line.
_ Counties and municipalities in North Carolina are authorized to provide development incentives in exchange for reductions in energy consumption under a new state law (S.B. 52 - S.L. 2009-95). More specifically, counties and municipalities will be able to grant incentives to a developer or builder if they agree to construct a new development or reconstruct an existing development in a way that significantly reduces energy consumption.
Emergency Management
_A new state law expands the ability of counties and municipalities to form joint emergency management agencies (H.B. 380 - S.L. 2009-196). Previously, a county could only form joint agencies with municipalities within its borders. The new law allows counties to also work with other counties, as well as municipalities within the partnering county.
_A new state law clarifies that counties and cities have the authority to order evacuations in certain emergency situations (S.B. 256 - S.L. 2009-146). The law also clarifies that the Emergency Management Immunity Statute applies to counties and cities in these situations.
Miscellaneous
_Under a new state law, all municipalities and counties are authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act (S.B. 564 - S.L. 2009-287). A chronic violator is a person cited at least three times in the previous year for public nuisance violations on the same property.
_A new state law requires all cities, counties and other local units of government to adopt a code of ethics for their governing boards (H.B. 1452 - S.L. 2009-403). The law also requires members of those boards to receive education on ethics laws applicable to local government officials.
_A new state law expands the definition of economically distressed counties to include the 80 poorest counties in the state as determined by a number of factors (H.B. 1514 - S.L. 2009-523). The legislation increases the maximum expenditure of funds from the Industrial Development Fund from $5,000 to $10,000 per new job created or per job retained up to a maximum of $500,000 per project.
Budget
_Aid to Safety Net Community Health Centers - $5 million
Provides funding on a competitive grant basis to increase the capacity of rural health centers, local health departments, free clinics, school-based health centers, and other entities to provide health care to low income and uninsured persons.
_Learn and Earn Early College High Schools – $3.6 million
Provides funding for 12 additional Learn and Earn high schools that will be operational in FY 2009-10, bringing the total number of Learn and Earn "traditional" high schools to 68. the nonrecurring appropriation provides $10,000 per site to support start-up costs associated with the first year of implementation.
_Medicaid Takeover - $252 million
Completed last phase of three-year takeover of Medicaid from counties, freeing money for local governments.
_Crisis Services – $12 million
Provides funds for local inpatient bed capacity located within community hospitals.
_Health Net - $2 million
Appropriates funds to expand access to comprehensive health services for uninsured individuals.
_Rural Hospitals Operation and Maintenance - $1.6 million
Provides funding for small rural hospitals for assistance with operations and infrastructure maintenance.
_Clean Water State Revolving Fund Match - $936,600
Provides funds to meet the 20 percent state match required to draw down maximum federal funds for the Clean Water State Revolving Fund. Additional funding of $1.5 million will come
from a transfer from the Rural Center Infrastructure Program.
_Drinking Water State Revolving Fund - $5.5 million
Provides funds to meet the 20% State match required to draw down maximum federal funds for the Drinking Water State Revolving Fund.
_Clean Water Management Trust Fund - $50 million
_Aid to Municipalities – $3.3 million
G.S. 136-41.1 requires an adjustment based on revised projections for motor fuels tax revenue. The total transfer is $87.8 million.
_Water Resources Development Projects - $4.9 million
Provides funds for the state's share of Water Resources Development Projects. Funds will provide a State match for $57.7 million in federal funds.
Prepared with the assistance of the Speaker’s Office of Communications
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.
Transportation and Energy
_A new state law will allow counties the opportunity to raise more money for mass transit projects, including rail service and buses (H.B. 148 - S.L. 2009-527). The legislation allows residents of Durham, Forsyth, Guilford, Orange and Wake counties to vote on whether to increase local sales taxes by ½ cent and car registration fees by up to $2. The money would be used for public transportation. Other counties could increase sales taxes by a ¼ cent for such projects. The legislation is based on a plan Mecklenburg County used to finance its new popular downtown rail line.
_ Counties and municipalities in North Carolina are authorized to provide development incentives in exchange for reductions in energy consumption under a new state law (S.B. 52 - S.L. 2009-95). More specifically, counties and municipalities will be able to grant incentives to a developer or builder if they agree to construct a new development or reconstruct an existing development in a way that significantly reduces energy consumption.
Emergency Management
_A new state law expands the ability of counties and municipalities to form joint emergency management agencies (H.B. 380 - S.L. 2009-196). Previously, a county could only form joint agencies with municipalities within its borders. The new law allows counties to also work with other counties, as well as municipalities within the partnering county.
_A new state law clarifies that counties and cities have the authority to order evacuations in certain emergency situations (S.B. 256 - S.L. 2009-146). The law also clarifies that the Emergency Management Immunity Statute applies to counties and cities in these situations.
Miscellaneous
_Under a new state law, all municipalities and counties are authorized to give a single annual notice to chronic violators of their public nuisance ordinances before the local government can act (S.B. 564 - S.L. 2009-287). A chronic violator is a person cited at least three times in the previous year for public nuisance violations on the same property.
_A new state law requires all cities, counties and other local units of government to adopt a code of ethics for their governing boards (H.B. 1452 - S.L. 2009-403). The law also requires members of those boards to receive education on ethics laws applicable to local government officials.
_A new state law expands the definition of economically distressed counties to include the 80 poorest counties in the state as determined by a number of factors (H.B. 1514 - S.L. 2009-523). The legislation increases the maximum expenditure of funds from the Industrial Development Fund from $5,000 to $10,000 per new job created or per job retained up to a maximum of $500,000 per project.
Budget
_Aid to Safety Net Community Health Centers - $5 million
Provides funding on a competitive grant basis to increase the capacity of rural health centers, local health departments, free clinics, school-based health centers, and other entities to provide health care to low income and uninsured persons.
_Learn and Earn Early College High Schools – $3.6 million
Provides funding for 12 additional Learn and Earn high schools that will be operational in FY 2009-10, bringing the total number of Learn and Earn "traditional" high schools to 68. the nonrecurring appropriation provides $10,000 per site to support start-up costs associated with the first year of implementation.
_Medicaid Takeover - $252 million
Completed last phase of three-year takeover of Medicaid from counties, freeing money for local governments.
_Crisis Services – $12 million
Provides funds for local inpatient bed capacity located within community hospitals.
_Health Net - $2 million
Appropriates funds to expand access to comprehensive health services for uninsured individuals.
_Rural Hospitals Operation and Maintenance - $1.6 million
Provides funding for small rural hospitals for assistance with operations and infrastructure maintenance.
_Clean Water State Revolving Fund Match - $936,600
Provides funds to meet the 20 percent state match required to draw down maximum federal funds for the Clean Water State Revolving Fund. Additional funding of $1.5 million will come
from a transfer from the Rural Center Infrastructure Program.
_Drinking Water State Revolving Fund - $5.5 million
Provides funds to meet the 20% State match required to draw down maximum federal funds for the Drinking Water State Revolving Fund.
_Clean Water Management Trust Fund - $50 million
_Aid to Municipalities – $3.3 million
G.S. 136-41.1 requires an adjustment based on revised projections for motor fuels tax revenue. The total transfer is $87.8 million.
_Water Resources Development Projects - $4.9 million
Provides funds for the state's share of Water Resources Development Projects. Funds will provide a State match for $57.7 million in federal funds.
Prepared with the assistance of the Speaker’s Office of Communications
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