Legislative ACTION
During the 2018 legislative session the Agriculture and Forestry Awareness Study Commission was tasked with studying a reduction of taxing values on agricultural land, forest, and timberlands that may negatively affect funding of rural fire districts, many of which are small volunteer fire departments. This would impact any NC fire department that receives tax proceeds from agricultural or forestry lands, and would have an impact in almost every county.
The Commission meets tomorrow.
While many may have the perspective that open land and forests require little or no response from fire departments, that is not the case. A visit to any of these departments will provide the opportunity to see brush trucks, off road vehicles, ATV’s, agricultural rescue equipment, and other items designed for response in rural areas. In many rural fire departments, these comprise the bulk of their equipment. One only has to remember the wildland fires in Western North Carolina and the open land and timberland fires in Eastern North Carolina as an example of significant unexpected costs faced by these departments, and the costs and loss to the community and state financially. In reality, particularly in the Spring and Fall, response by rural fire departments to brush and field fires is a common occurrence often enhanced by dry conditions, that protect crops, timber, and eventually structures. As a matter of fact, the quick response by these departments on these brush and field fires often mean the prevention of them escalating into large wildland fires creating significant costs and loss. In addition, the multitude of classes and training that these departments take to prepare for wildland fires, agricultural rescue, farm equipment fires, hunter accidents, and even in some areas advanced rescue procedures on grain elevators and bins, etc., show that these type calls and this type of property is a major issue for rural fire departments. For rural fire departments in North Carolina, preparing and responding to these incidents are a huge part of their responsibilities and costs, and in many cases such as wildland fires, these costs are substantial. With current tax exemptions on State and Federal parks and game lands, this is already a financial burden for those with these parks in their response districts.
Please contact your Representative or Senator, particularly if they are on the Study Commission listed below, and politely ask them not to support reduction of taxing values on agricultural land, forest, and timberlands, and to stop this issue before the Commission makes a recomendation to the General Assembly for the upcoming session.
Agriculture and Forestry Awareness Study Commission
| Co-Chairs | |
| Rep. Mark Brody (Co-Chair) | Ex Officio |
| Rep. Jimmy Dixon (Co-Chair) | Ex Officio |
| Rep. Kyle Hall (Co-Chair) | House Appointment |
| Rep. Bob Steinburg (Co-Chair) | Ex Officio |
| Sen. Bill Cook (Co-Chair) | Ex Officio |
| Sen. Brent Jackson (Co-Chair) | Senate Appointment |
| Sen. Norman W. Sanderson (Co-Chair) | Ex Officio |
| Sen. Andy Wells (Co-Chair) | Ex Officio |
Federal Legislative Update
Tell Congress to Make Small R&R Benefits Tax-Free!
The U.S. House of Representatives and the U.S. Senate are in the process of negotiating a year-end tax bill. One of the provisions being discussed is exempting nominal benefits that volunteers receive as a reward for their service from being subject to federal income and payroll taxes. Specifically, the Volunteer Responder Incentive Protection Act (VRIPA) would exempt all property tax benefits and up to $600 per year in other taxable benefits from being taxed by the federal government.
If this tax exemption would benefit you or your department, the NVFC is asking that you call your U.S. Representative and ask them to contact House leadership to express their support for including VRIPA in the final year-end tax bill. Use the NVFC’s Legislative Action Center to find talking points and the phone number for your U.S. Representative’s office.
Federal Legislative Update
From the National Volunteer Fire Council
SENATE BILL INTRODUCED TO GIVE VOLUNTEER EMERGENCY RESPONDERS STUDENT DEBT RELIEF
July 6, 2018
On June 25, Senator Heidi Heitkamp (D-ND) introduced S. 3124, the Help Encourage a Lifetime of Public Service (HELPS) Act, which would waive interest payments on federal student loans for public servants, including volunteer emergency responders. The bill would also make volunteer emergency responders eligible for the Public Service Loan Forgiveness (PSLF) program, which forgives federally-financed student loan debt of individuals who have been public servants and made all of their student loan repayments for 10 consecutive years.
“I’d like to thank Senator Heitkamp for introducing this important legislation, which will help volunteer emergency responders with student loan debt and give fire, EMS, and rescue agencies a powerful new recruitment and retention tool,” said NVFC Chair Kevin D. Quinn. “Approximately one million Americans serve their communities as volunteer emergency services personnel, and many of them hold student loan debt. I am very pleased that the HELPS Act would give those volunteer firefighters, EMS providers, and rescue personnel access to the same student debt forgiveness that government and nonprofit employees receive.”
According to the U.S. Department of Education, in the first quarter of 2018 there were 42.8 million Americans holding $1.4 trillion worth of federal student loan debt. A press release from Senator Heitkamp’s office announcing the introduction of the HELPS Act noted that often, “…qualified graduates choose to pass up opportunities to serve in rural public schools, fire departments, farms, or community clinics due to high amounts of student loan debt.” Reducing the financial burden of student loan debt for public servants will make it easier for people to be able to afford to live, work, and volunteer in rural communities.
We will add this new initiative to our Legislative Tracking at NCSFA. Contact your Congress members and ask them to support Senate Bill 3124 now!
2017 – 2018 Legislative Session
The NC General Assembly adjourned their 2017/2018 biennial session June 29th. The following is a quick overview of Legislation that passed over the two-year session, and some that we were monitoring that did not. Those acted on and passed this year in the 2018 short session are highlighted in yellow. We feel fortunate to have the support of many of our issues take precedent and pass during a short 2018 session that was primarily to tweak the 2018-19 state budget. We will continue to work on those issues that did not pass next year in the new session.
State Legislation that is now law
Included in Appropriations (Budget) Bills in 2017 or 2018
– The NC Industrial Commission was transferred to the Department of Insurance. This Commission reviews and rules on workers compensation issues.
– Created a legal holiday in North Carolina called First Responders Day, on September 11th.
– Renamed Urban Search and Rescue Teams to simply North Carolina Search and Rescue Teams. The removal of the term Urban dispels the insinuation they only work in Urban areas. Is also give the Secretary of DPS authority to create memorandums of understanding or agreements with existing response teams.
– $2.3 Million was appropriated to DPS for Search and Rescue team funding.
– Added one more cancer (Esophageal) to the Line of Duty Death benefit for firefighters. This brings the total to four. HB 355 was introduced adding an additional 5 but did not pass.
– Made changes to allow the NC OSFM to investigate arson.
– Increased the Line of Duty Death Benefit from $50,000 to $100,000.
HB 98 Criminal Offense to Vandalize Fire and EMS Equipment
– This bill makes it a Class 1 misdemeanor to injure, destroy, vandalize, etc., fire and ems equipment intentionally.Passed into Law Ch SL 2017-89
HB 183 Retirement Administrative Changes Act
– This bill makes numerous administrative changes to the retirement law (LGERS included). One change in Section 9(a)and Section 9(b) clarifies the calculation of sick leave credit for retirees. Passed into law Ch SL 2017-129
HB 190 Local Relief Fund Changes
– Section 1 of this bill modifies the required service time to be eligible for the destitution benefit from 5 years to 0 years. Section 3 of the bill changes the filing of the Certificate of Eligibility to the NC State Firefighters Association instead of the Commissioner of Insurance by January 31st. This will allow Chiefs to submit the document at the same time they do their rosters. The NCSFA will then report those submitted and not submitted to the Department of Insurance. Passed into law Ch SL 2017-99
HB 325 Special Prosecutor for Arson
– This bill increased the penalties for arson during the commission of a crime and added law enforcement officer and fire investigator to firefighter, which was already included, creating a higher penalty if any of these are injured or killed at an arson fire. This passed and became Ch. SL 2018-3
HB 666 Revise Volunteer Fire Department Requirements
– This bill requires the Department of Insurance to amend their rules for Fire Department Rating to allow fire departments to apply for a waiver of the minimum requirement for 20 personnel and grant the requirement if the response volume of calls justifies it. This passed into law Ch SL 2017-167
SB 145 Make Changes to Transportation Law
– This bill corrected the exemption from CDL requirements for emergency apparatus to define that the CDL exemption included any official use of the vehicle. The legislation passed and became SL 2018-74. Ch. SL 2018-74
SB 628 Tax Bill
– Changed Gross Premium Tax to Gross Premium Assessment.
| HB 1083 | Speaker’s Appointments 2018.
Appoints Chief Buddy Martinette from Wilmington to the 911 Board. The legislation passed and became SL 2018-74. Ch. SL 2018-127 |
Key issues That Did Not Pass
Several Key issues we were tracking as priorities did not pass.
HB 2 Property Tax Exemption for Firefighters
– This bill passed the House and sent to Senate Rules. The bill was not heard by committee in the Senate. The legislation would have provided or reinstated a small tax exemption for serving as a volunteer firefighter.
HB 181 First Responders Act of 2017
– This bill included several changes such as: $250 tax exemption for firefighters; a property tax exemption for spouses of LODD’s; an interstate study on emergency vehicle access; clarification for DMV on CDL license exemption on fire apparatus; hate crimes against emergency responders; and concealed carry for EMS personnel embedded in SWAT Teams. The bill was not heard in either chamber.
HB 340 Separation Allowance for Firefighters
– One of the most followed bills this year by the fire service was HB 340. It would have provided a separation allowance for career firefighters under LGERS similar to what law enforcement receives. The bill passed the House unanimously but was not heard by the Rules committee in the Senate.
HB 873 (SB 590) NC Consumer Fireworks Act
– The fire service was successful in blocking an increase in the use and sales of fireworks in NC.
Federal Legislation
| HR 0931 | Firefighter Cancer Registry Act of 2017 Passed Congress. |
This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary registry of firefighters to collect history and occupational information that can be linked to existing data in state cancer registries. The registry must be used to improve monitoring of cancer among firefighters and to collect and publish epidemiological information regarding cancer among firefighters. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual.
To collect information for the registry, the CDC may incorporate questions into existing public health surveys, questionnaires, and other databases.
The CDC must: (1) develop a strategy to maximize participation in the registry; (2) develop guidance for states and firefighting agencies regarding the registry; (3) encourage inclusion in the registry of data on minority, female, and volunteer firefighters; and (4) seek feedback on the registry from non federal experts.
The CDC must develop a process for making registry data available for research without a fee if findings or publications from the research are made public or available to stakeholders.
HR 1982 Honoring Hometown Heroes Act Passed Congress
This division authorizes the governor of a state, territory, or possession of the United States or the Mayor of the District of Columbia to proclaim that the U.S. flag shall be flown at half-staff in the event of the death of a first responder (public safety officer) working in such jurisdiction who dies while serving in the line of duty. Public Law No: 115-123
Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are:
– Anthony Penland, NCSA Chairman
– Barry Overman, NCSFA
– A.C. Rich, NCSFA
– Scott Rogers, NCSFA
– Tim Bradley, NCSFA
– Ed Brinson, NCSFA Staff
– Kevin Gordon, NCAFC
– Steve Neal, NCAFC
– Ryan Cole, NCAFC
– Donnie Hall, NCAFC
– Jake Whisnant, NCAFC
– Jeff Cash, NCAFC Staff
For additional information contact:
Tim Bradley, Executive Director
Anthony Penland, Executive Board
Debbie Clary, Governmental Affairs
2017 – 2018 Legislative Session
The NC General Assembly adjourned their 2017/2018 biennial session June 29th. The following is a quick overview of Legislation that passed over the two-year session, and some that we were monitoring that did not. Those acted on and passed this year in the 2018 short session are highlighted in yellow. We feel fortunate to have the support of many of our issues take precedent and pass during a short 2018 session that was primarily to tweak the 2018-19 state budget. We will continue to work on those issues that did not pass next year in the new session.
State Legislation that is now law
Included in Appropriations (Budget) Bills in 2017 or 2018
– The NC Industrial Commission was transferred to the Department of Insurance. This Commission reviews and rules on workers compensation issues.
– Created a legal holiday in North Carolina called First Responders Day, on September 11th.
– Renamed Urban Search and Rescue Teams to simply North Carolina Search and Rescue Teams. The removal of the term Urban dispels the insinuation they only work in Urban areas. Is also give the Secretary of DPS authority to create memorandums of understanding or agreements with existing response teams.
– $2.3 Million was appropriated to DPS for Search and Rescue team funding.
– Added one more cancer (Esophageal) to the Line of Duty Death benefit for firefighters. This brings the total to four. HB 355 was introduced adding an additional 5 but did not pass.
– Made changes to allow the NC OSFM to investigate arson.
– Increased the Line of Duty Death Benefit from $50,000 to $100,000.
HB 98 Criminal Offense to Vandalize Fire and EMS Equipment
– This bill makes it a Class 1 misdemeanor to injure, destroy, vandalize, etc., fire and ems equipment intentionally. Passed into Law Ch SL 2017-89
HB 183 Retirement Administrative Changes Act
– This bill makes numerous administrative changes to the retirement law (LGERS included). One change in Section 9(a) and Section 9(b) clarifies the calculation of sick leave credit for retirees. Passed into law Ch SL 2017-129
HB 190 Local Relief Fund Changes
– Section 1 of this bill modifies the required service time to be eligible for the destitution benefit from 5 years to 0 years. Section 3 of the bill changes the filing of the Certificate of Eligibility to the NC State Firefighters Association instead of the Commissioner of Insurance by January 31st. This will allow Chiefs to submit the document at the same time they do their rosters. The NCSFA will then report those submitted and not submitted to the Department of Insurance. Passed into law Ch SL 2017-99
HB 325 Special Prosecutor for Arson
– This bill increased the penalties for arson during the commission of a crime and added law enforcement officer and fire investigator to firefighter, which was already included, creating a higher penalty if any of these are injured or killed at an arson fire. This passed and became Ch. SL 2018-3
HB 666 Revise Volunteer Fire Department Requirements
– This bill requires the Department of Insurance to amend their rules for Fire Department Rating to allow fire departments to apply for a waiver of the minimum requirement for 20 personnel and grant the requirement if the response volume of calls justifies it. This passed into law Ch SL 2017-167
SB 145 Make Changes to Transportation Law
– This bill corrected the exemption from CDL requirements for emergency apparatus to define that the CDL exemption included any official use of the vehicle. The legislation passed and became SL 2018-74. Ch. SL 2018-74
SB 628 Tax Bill
– Changed Gross Premium Tax to Gross Premium Assessment.
| HB 1083 | Speaker’s Appointments 2018.
Appoints Chief Buddy Martinette from Wilmington to the 911 Board. The legislation passed and became SL 2018-74. Ch. SL 2018-127 |
Key issues That Did Not Pass
Several Key issues we were tracking as priorities did not pass.
HB 2 Property Tax Exemption for Firefighters
– This bill passed the House and sent to Senate Rules. The bill was not heard by committee in the Senate. The legislation would have provided or reinstated a small tax exemption for serving as a volunteer firefighter.
HB 181 First Responders Act of 2017
– This bill included several changes such as: $250 tax exemption for firefighters; a property tax exemption for spouses of LODD’s; an interstate study on emergency vehicle access; clarification for DMV on CDL license exemption on fire apparatus; hate crimes against emergency responders; and concealed carry for EMS personnel embedded in SWAT Teams. The bill was not heard in either chamber.
HB 340 Separation Allowance for Firefighters
– One of the most followed bills this year by the fire service was HB 340. It would have provided a separation allowance for career firefighters under LGERS similar to what law enforcement receives. The bill passed the House unanimously but was not heard by the Rules committee in the Senate.
HB 873 (SB 590) NC Consumer Fireworks Act
– The fire service was successful in blocking an increase in the use and sales of fireworks in NC.
Federal Legislation
| HR 0931 | Firefighter Cancer Registry Act of 2017 Passed Congress. |
This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary registry of firefighters to collect history and occupational information that can be linked to existing data in state cancer registries. The registry must be used to improve monitoring of cancer among firefighters and to collect and publish epidemiological information regarding cancer among firefighters. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual.
To collect information for the registry, the CDC may incorporate questions into existing public health surveys, questionnaires, and other databases.
The CDC must: (1) develop a strategy to maximize participation in the registry; (2) develop guidance for states and firefighting agencies regarding the registry; (3) encourage inclusion in the registry of data on minority, female, and volunteer firefighters; and (4) seek feedback on the registry from non federal experts.
The CDC must develop a process for making registry data available for research without a fee if findings or publications from the research are made public or available to stakeholders.
HR 1982 Honoring Hometown Heroes Act Passed Congress
This division authorizes the governor of a state, territory, or possession of the United States or the Mayor of the District of Columbia to proclaim that the U.S. flag shall be flown at half-staff in the event of the death of a first responder (public safety officer) working in such jurisdiction who dies while serving in the line of duty. Public Law No: 115-123
Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are:
– Anthony Penland, NCSA Chairman
– Barry Overman, NCSFA
– A.C. Rich, NCSFA
– Scott Rogers, NCSFA
– Tim Bradley, NCSFA
– Ed Brinson, NCSFA Staff
– Kevin Gordon, NCAFC
– Steve Neal, NCAFC
– Ryan Cole, NCAFC
– Donnie Hall, NCAFC
– Jake Whisnant, NCAFC
– Jeff Cash, NCAFC Staff
For additional information contact:
Tim Bradley, Executive Director
Anthony Penland, Executive Board
Debbie Clary, Governmental Affairs
2018 legislative Update #5
SPECIAL NOTICE:
Please call and ask your Representatives and Senators to support SB 340 and SB 153. Remember they are very supportive of the fire service, so be friendly and understanding, while letting the know these bills are important to the fire service.
Priority #1: Support Senate Bill 340 Special Separation Allowance for Firefighters
This bill allows firefighters in the State and Local Government Retirement System to retire at age 50 with 30 years’ service and provides a supplement until they reach the age they are eligible for unreduced social security benefits. Law enforcement officers have had this benefit since the 1980’s. Firefighting is an extremely physical job, and after 30 years it becomes more and more difficult. The supplement allows a firefighter to afford retirement until they receive social security benefits. Provisions of this bill are also included in SB 396. It has passed the House in 2017 and is currently held in the Senate. Thank your Sponsors: Dollar; Malone; Saine; Clampitt (Primary)
McNeill; Quick; Dulin; Bert Jones; B. Richardson; Brenden Jones; B. Turner; Cunningham; Brockman; Beasley; Jackson; G. Martin; Butler; Riddell; Destin Hall; White; Lambeth; Duane Hall; Hanes; Floyd; Iler; Adcock; Pierce; G. Graham; Meyer; Murphy; Warren; Grange; Hunter; Adams; Ager; Fraley; Sauls; Torbett; Autry; Hardister; Jordan; Faircloth; John; Corbin; Potts; Strickland; Yarborough; Johnson; Williams; Belk; Wray; Shepard; Harrison; R. Turner; Davis; Reives; Steinburg; Gill; Watford; Fisher; S. Martin; Insko; Brawley; Holley
Priority #2: Support Increase and Expand Public Safety Death Benefit
Thank your members for increasing the line of duty death benefit for firefighters, law enforcement, and others covered by the public safety death benefit from $50,000 to $100,000. The increase also modernizes the statute and adds non-custodial employees of the Department of Public Safety. This was originally in HB 966, has been approved in the budget and is retroactive back to April 2017. Thank your sponsors: Steinburg; K. Hall (Primary)
Malone; Jackson; Conrad; Riddell; Grange; Farmer-Butterfield; John; Howard; Burr; Strickland; Speciale; Presnell; Clampitt; Shepard;
Harrison; Muller; R. Moore; Fisher; S. Martin
Priority #3:Support Search and Rescue Funding
Last year the Legislature changed the name of state collapse rescue teams but failed to provide funding for these teams so that they can provide specialized rescue to the entire state, not just their jurisdictions, particularly the rural area. They are typically located in larger urban areas but provide response to all areas of the State that lacks these rescue capabilities, especially during natural disasters. Funding at $2.3 million dollars was included in the Department of Public Safety funding in the current budget. Thank your members for this consideration.
Priority #4:Support House Bill 1029 that Corrects CDL Issues
Currently there is a provision under HB 1029 that makes it clear in law that the CDL Exemption for drivers of emergency vehicles also includes such things as training, maintenance, and any official use of the vehicle. Ask your members to support HB 1029. Thank Your sponsors:Torbett; Iler (Primary)
B. Richardson; Hunter; Wray; Clampitt; Shepard
The NCSFA and NCAFC’s also supports the following bills and issues:
Support HB 325 – Modify and Strengthen the Criminal Laws Regarding Arson – This bill increases the felony charge for Arson when damage exceeds $10,000 and adds to the Class E Felony for injury to firefighters, by also including law enforcement and fire investigators. Ask your members to support this legislation.
HB 2 Property Tax Exemption for Spouses of FF’s Killed in the Line of Duty.
Increase number of cancers covered under the LODD Benefits for firefighters supported by HB 355 last year.
If you have any questions, or if your member needs additional information, the contacts below are on the handout.
_______________________
_______________________
Debbie Clary
NC Strategy Partners
2624 Laurelcherry Street
Raleigh, NC 27602
704.277.3424
Tim Bradley
Exec. Director NCSFA
919-821-2132
This report below includes all legislation that has been introduced at the Federal and State Level that the Legislative Committee of the NCSFA/NCAFC’s is tracking during the long session. It includes the bill number and a brief description of the bill under the comments section. You can access the legislation by clicking on the Bill number (HB XX) on the left and it will take you directly to the legislative site specific to the bill, including history, sponsors, and action. Once there you can click on the title and read the full text of the bill.
Federal
NC Bills
____________________________________________________________________
Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are:
• Anthony Penland, NCSFA – Chairperson
• Barry Overman, NCSFA
• AC Rich, NCSFA
• Scott Rogers, NCSFA
• Tim Bradley, NCSFA
• Ed Brinson, NCSFA
• Debbie Clary, Lobbyist
• Kevin Gordon, NCAFC
• Steve Neal, NCAFC
• Ryan Cole, NCAFC
• Donnie Hall, NCAFC
• Jake Whisnant, NCAFC
• Jeff Cash, NCAFC
For additional information contact:
Tim Bradley, Executive Director
Anthony Penland, Chairman
Debbie Clary, Governmental Affairs
| This report below includes all legislation that has been introduced at the Federal and State Level that the Legislative Committee of the NCSFA/NCAFC’s is tracking during the long session. It includes the bill number and a brief description of the bill under the comments section. You can access the legislation by clicking on the Bill number (HB XX) on the left and it will take you directly to the legislative site specific to the bill, including history, sponsors, and action. Once there you can click on the title and read the full text of the bill. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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____________________________________________________________________Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are: • Anthony Penland, NCSFA – Chairperson • Barry Overman, NCSFA • AC Rich, NCSFA • Scott Rogers, NCSFA • Tim Bradley, NCSFA • Ed Brinson, NCSFA • Debbie Clary, Lobbyist • Kevin Gordon, NCAFC • Steve Neal, NCAFC • Ryan Cole, NCAFC • Donnie Hall, NCAFC • Jake Whisnant, NCAFC • Jeff Cash, NCAFC
For additional information contact: Tim Bradley, Executive Director Anthony Penland, Chairman Debbie Clary, Governmental Affairs |
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2018 legislative Update #4
Please remember Legislative Day this week and make every effort to attend. Briefing information that will be provided Wednesday is listed below for your review.
2018 Legislative Day
June 13, 2018
Each year we have the opportunity to show our support of fire service issues by visiting the NC General Assembly as a group. Please plan to attend Fire Service Legislative Day June 13th, 2018. Not only does the presence of over 200 uniformed firefighters in the building make a statement, it gives each of you the opportunity to visit and build a relationship with your local representatives.
We will meet on 4th floor of the Nature Research Center at 8am, 121 West Jones Street (Parking map available here) After a briefing we’ll head over to the Legislative Building for a group picture on the red carpet steps. We’ll provide speaking information and handout during the briefing, and lunch will be provided as well for those attending.
Please pass the word around and bring as many members as you can. Dress will be Class A Uniforms or fire department shirts, anything to identify you as a firefighter. This is our opportunity to show the Legislature that we are involved and watching their activities. The following will be providsed in handouts during our opening session. If you cannot attend, please share this information with your representatives with a phone call.
2018 Legislative day – Fire Service Information
Here are the bills and issues that you need to discuss with your Representatives and Senators. There is a matching handout that you can leave with them after your visit.
Priority #1: Support House Bill 340 Special Separation Allowance for Firefighters
This bill allows firefighters in the State and Local Government Retirement System to retire at age 50 with 30 years’ service and provides a supplement until they reach the age they are eligible for unreduced social security benefits. Law enforcement officers have had this benefit since the 1980’s. Firefighting is an extremely physical job, and after 30 years it becomes more and more difficult. The supplement allows a firefighter to afford retirement until they receive social security benefits. Provisions of this bill are also included in SB 396. It has passed the House in 2017 and is currently held in the Senate. Thank your Sponsors: Dollar; Malone; Saine; Clampitt (Primary)
McNeill; Quick; Dulin; Bert Jones; B. Richardson; Brenden Jones; B. Turner; Cunningham; Brockman; Beasley; Jackson; G. Martin; Butler; Riddell; Destin Hall; White; Lambeth; Duane Hall; Hanes; Floyd; Iler; Adcock; Pierce; G. Graham; Meyer; Murphy; Warren; Grange; Hunter; Adams; Ager; Fraley; Sauls; Torbett; Autry; Hardister; Jordan; Faircloth; John; Corbin; Potts; Strickland; Yarborough; Johnson; Williams; Belk; Wray; Shepard; Harrison; R. Turner; Davis; Reives; Steinburg; Gill; Watford; Fisher; S. Martin; Insko; Brawley; Holley
Priority #2: Support Increase and Expand Public Safety Death Benefit
Thank your members for increasing the line of duty death benefit for firefighters, law enforcement, and others covered by the public safety death benefit from $50,000 to $100,000. The increase also modernizes the statute and adds non-custodial employees of the Department of Public Safety. This was originally in HB 966, has been approved in the budget and is retroactive back to April 2017. Thank your sponsors: Steinburg; K. Hall (Primary)
Malone; Jackson; Conrad; Riddell; Grange; Farmer-Butterfield; John; Howard; Burr; Strickland; Speciale; Presnell; Clampitt; Shepard;
Harrison; Muller; R. Moore; Fisher; S. Martin
Priority #3: Support Search and Rescue Funding
Last year the Legislature changed the name of state collapse rescue teams but failed to provide funding for these teams so that they can provide specialized rescue to the entire state, not just their jurisdictions, particularly the rural area. They are typically located in larger urban areas but provide response to all areas of the State that lacks these rescue capabilities, especially during natural disasters. Funding at $2.3 million dollars was included in the Department of Public Safety funding in the current budget. Thank your members for this consideration.
Priority #4: Support House Bill 1029 that Corrects CDL Issues
Currently there is a provision under HB 1029 that makes it clear in law that the CDL Exemption for drivers of emergency vehicles also includes such things as training, maintenance, and any official use of the vehicle. Ask your members to support HB 1029. Thank Your sponsors: Torbett; Iler (Primary)
B. Richardson; Hunter; Wray; Clampitt; Shepard
The NCSFA and NCAFC’s also supports the following bills and issues:
Support HB 325 – Modify and Strengthen the Criminal Laws Regarding Arson – This bill increases the felony charge for Arson when damage exceeds $10,000 and adds to the Class E Felony for injury to firefighters, by also including law enforcement and fire investigators. Ask your members to support this legislation.
HB 2 Property Tax Exemption for Spouses of FF’s Killed in the Line of Duty.
Increase number of cancers covered under the LODD Benefits for firefighters supported by HB 355 last year.
If you have any questions, or if your member needs additional information, the contacts below are on the handout.
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_______________________ |
Debbie Clary
NC Strategy Partners 2624 Laurelcherry Street Raleigh, NC 27602 704.277.3424
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Tim Bradley
Exec. Director NCSFA
919-821-2132 |
This report below includes all legislation that has been introduced at the Federal and State Level that the Legislative Committee of the NCSFA/NCAFC’s is tracking during the long session. It includes the bill number and a brief description of the bill under the comments section. You can access the legislation by clicking on the Bill number (HB XX) on the left and it will take you directly to the legislative site specific to the bill, including history, sponsors, and action. Once there you can click on the title and read the full text of the bill.
Federal |
| These are Federal Level Bills of importance to the fire service that have been introduced in the current session. Information on the bills come from a number of sources including the IAFC and NVFC. It is important to note that many issues affecting the fire service are in the budget bill, including AFG, SAFRE, USFA/NFA Funding, and VFA. When talking with your Congressional Representatives be sure and ask them to keep these items funded in the budget as requested by members of the Congressional Fire Services Institute (CFSI). | ||
| HR 0931 | Chris Collins | Firefighter Cancer Registry Act of 2017 |
| 5/14/2018 – Senate – Message on Senate action sent to the House. | ||
| HR 1550 | David Reichert | Volunteer Responder Incentive Protection Act of 2017 |
| 3/15/2017 – House – Referred to the House Committee on Ways and Means. | ||
| HR 1720 | Peter King | LOSAP CAP Act Length of Service Award Program Cap Adjustment Priority Act |
| 3/24/2017 – House – Referred to the House Committee on Ways and Means. | ||
| HR 1892 | John Larson | Honoring Hometown Heroes Act |
| 2/9/2018 – Senate – Became Public Law No: 115-123. | ||
| HR 1991 | Lou Barletta | Protecting Volunteer Firefighters and Emergency Responders Act |
| 4/6/2017 – House – Referred to the House Committee on Ways and Means. | ||
| S 0382 | Robert Menendez | Firefighter Cancer Registry Act of 2018 |
| 4/25/2018 – Senate – Placed on Senate Legislative Calendar under General Orders. Calendar No. 386. | ||
| S 0642 | Paul Newton | Burden of Proof – Planning and Zoning |
| 4/5/2017 – Ref To Com On Rules and Operations of the Senate | ||
| S 0829 | John McCain | AFG and SAFER Program Reauthorization Act of 2017 |
| 8/4/2017 – House – Referred to the House Committee on Science, Space, and Technology. | ||
| S 1239 | Susan Collins | LOSAP CAP Act Length of Service Award Program Cap Adjustment Priority Act |
| 5/25/2017 – Senate – Read twice and referred to the Committee on Finance. (Sponsor introductory remarks on measure: CR S3216-3217) | ||
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NC Bills |
| Here are the North Carolina Bills of interest affecting the fire service that the NCSFA/NCAFC’S legislative committee will be following at this point. | ||
| H 0002 | Nelson Dollar | Property Tax Exemption for Firefighters |
| 3/30/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| H 0076 | Kyle Hall | Increases the Fire Rescue Pension Benefit to $175 |
| 3/8/2017 – House – Re-ref Com On Appropriations | ||
| H 0091 | John Torbett | Require Safety Helmets/Under 21 |
| 4/26/2017 – Re-ref Com On Rules, Calendar, and Operations of the House | ||
| H 0094 | Michael Speciale | Emergency Management/Drone Use |
| 4/13/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| H 0098 | Nelson Dollar | Makes it a Criminal Offense to vandalize, or otherwise damage emergency equipment. |
| 6/30/2017 – House – Ch. SL 2017-89 | ||
| H 0101 | James Clampitt | Jackson County/Trout Capital of NC |
| 4/21/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| H 0103 | George Cleveland | Equal Tax Treatment of Gov’t Retirees |
| 2/16/2017 – House – Ref to the Com on Finance, if favorable, Pensions and Retirement | ||
| H 0176 | Stephen Ross | Pensions Integrity Act of 2017.-AB |
| 7/20/2017 – House – Ch. SL 2017-128 | ||
| H 0181 | Harry Warren | First Responders Act of 2017 |
| 4/4/2017 – Re-ref Com On Finance | ||
| H 0183 | Jeffrey Collins | Retirement Admin. Changes Act of 2017.-AB |
| 7/20/2017 – House – Ch. SL 2017-129 | ||
| H 0189 | Robert Davis | Search and Rescue Name and Team Funding |
| 2/9/2018 – House – Ref To Com On House Select Committee on North Carolina River Quality | ||
| H 0190 | Patricia Hurley | Local Firefighter Relief Fund Eligibility |
| 7/12/2017 – House – Ch. SL 2017-99 | ||
| H 0252 | Mark Brody | Building Code Regulatory Reform |
| 7/20/2017 – House – Ch. SL 2017-130 | ||
| H 0284 | Gregory Murphy | 25-Year LEO Retirement Option |
| 6/29/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| H 0285 | Gregory Murphy | Suicide Prevention/Awareness School Personnel |
| 4/25/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| H 0323 | James Clampitt | Honor the Life and Memory of Howard Wilson |
| 3/14/2017 – House – Ref To Com On Rules, Calendar, and Operations of the House | ||
| H 0325 | Allen McNeill | Amend Arson Law |
| 6/7/2018 – Senate – Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate | ||
| H 0340 | Nelson Dollar | Special Separation Allowance Firefighters/RSW |
| 4/10/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| H 0355 | Jason Saine | Firefighters’ Death Benefits/Cancers |
| 4/5/2017 – House – Re-ref Com On Appropriations | ||
| H 0418 | James Clampitt | SOS/Save Our Street Signs |
| 4/25/2017 – Re-ref Com On Appropriations | ||
| H 0565 | James Clampitt | Charlotte Firefighters’ Retirement Changes |
| 6/16/2017 – House – Re-ref Com On Finance | ||
| H 0666 | Brenden Jones | Revise Volunteer Fire Department Req’ts |
| 7/21/2017 – House – Ch. SL 2017-167 | ||
| H 0739 | Carl Ford | Ambulance Weapon Exception/LEO %26amp; Firefighters |
| 4/13/2017 – House – Ref To Com On Judiciary I | ||
| H 0740 | Allen McNeill | SAR Rename/Disputed County Boundaries/Mapping |
| 7/21/2017 – House – Ch. SL 2017-170 | ||
| H 0873 | Mark Brody | NC Consumer Fireworks Safety Act |
| 4/25/2017 – House – Ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House | ||
| H 0962 | John Faircloth | Expand Use/School Risk Management Plans |
| 5/21/2018 – House – Ref to the Com on Education – K-12, if favorable, Judiciary IV | ||
| H 0966 | Robert Steinburg | Increase LODD |
| 5/21/2018 – House – Ref to the Com on Pensions and Retirement, if favorable, Appropriations | ||
| H 1083 | David Lewis | Speaker’s Appointments 2018 |
| 6/5/2018 – House – Ref To Com On Rules, Calendar, and Operations of the House | ||
| S 0024 | Thomas McInnis | Use of Grills for Commercial Restaurants |
| 5/24/2017 – Senate – Ch. SL 2017-18 | ||
| S 0066 | Wesley Meredith | Require Safety Helmets/Under 21 |
| 2/16/2017 – Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0102 | Warren Daniel | Local Firefighter Relief Fund Eligibility |
| 4/27/2017 – Senate – Re-ref to Pensions and Retirement and Aging. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0109 | Cathy Dunn | Hate Crime Against Emergency Worker |
| 2/20/2017 – Ref To Com On Rules and Operations of the Senate | ||
| S 0182 | Thomas McInnis | Prohibit Use of Light Bars on Motor Vehicles |
| 7/12/2017 – Senate – Ch. SL 2017-112 | ||
| S 0199 | Danny Britt | Law Enforcement Officer Retirement/25 Years |
| 3/8/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| S 0216 | Wesley Meredith | Local Firefighter Relief Fund Reporting |
| 4/27/2017 – Re-ref to Pensions and Retirement and Aging. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0222 | Michael Lee | Search and Rescue Name and Funding |
| 4/4/2017 – Senate – Re-ref Com On Appropriations/Base Budget | ||
| S 0240 | Kathryn Harrington | Appropriations Act of 2017 |
| 3/22/2017 – Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0257 | Harry Brown | Appropriations Act of 2017 |
| 6/28/2017 – Senate – Ch. SL 2017-57 | ||
| S 0274 | Danny Britt | Robeson First Responders Training/Funds |
| 4/4/2017 – Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0275 | Danny Britt | Columbus Swift Water Training/Funds |
| 3/22/2017 – Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0276 | Danny Britt | Robeson Swift Water Training/Funds |
| 3/22/2017 – Re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0355 | James Woodard | Special Separation Allowance for Firefighters |
| 3/23/2017 – Ref To Com On Rules and Operations of the Senate | ||
| S 0356 | James Woodard | Firefighters’ Death Benefits/Cancers |
| 3/23/2017 – Senate – Ref To Com On Rules and Operations of the Senate | ||
| S 0371 | Andrew Brock | Building Code Regulatory Reform |
| 4/10/2017 – Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate | ||
| S 0396 | Jeffery Tarte | Special Separation Allowance for Firefighters |
| 3/28/2017 – Ref To Com On Rules and Operations of the Senate | ||
| S 0590 | Andrew Brock | NC Consumer Fireworks Safety Act |
| 4/6/2017 – Re-ref to Finance. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate | ||
_________________________________________________________________
Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are:
• Anthony Penland, NCSFA – Chairperson
• Barry Overman, NCSFA
• AC Rich, NCSFA
• Scott Rogers, NCSFA
• Tim Bradley, NCSFA
• Ed Brinson, NCSFA
• Debbie Clary, Lobbyist
• Kevin Gordon, NCAFC
• Steve Neal, NCAFC
• Ryan Cole, NCAFC
• Donnie Hall, NCAFC
• Jake Whisnant, NCAFC
• Jeff Cash, NCAFC
For additional information contact:
Tim Bradley, Executive Director
Anthony Penland, Chairman
Debbie Clary, Governmental Affairs
2018 legislative Update #3Please remember Legislative Day next Week and make every effort to attend.2018 Legislative DayJune 13, 2018Each year we have the opportunity to show our support of fire service issues by visiting the NC General Assembly as a group. Please plan to attend Fire Service Legislative Day June 13th, 2018. Not only does the presence of over 200 uniformed firefighters in the building make a statement, it gives each of you the opportunity to visit and build a relationship with your local representatives. We’ll gather at the Museum of Science at 8:00, and after a briefing we’ll head over to the Legislative Building for a group picture on the red carpet steps. We’ll provide speaking information and handout during the briefing, and lunch will be provided as well for those attending. Please pass the word around and bring as many members as you can. Dress will be Class A Uniforms or fire department shirts, anything to identify you as a firefighter. This is our opportunity to show the Legislature that we are involved and watching their activities. Updates: HB 1029 passed committee yesterday, and included a section we requested expanding the CDL exemption on driving emergency vehicles to include driving for necessary maintenance, training, or any required operation for official business. This corrects an ambiguity in the law that some interpreted as only driving these vehicles during emergency response. This bill should go to the floor now and hopefully will continue moving forward. HB 340, the separation Allowance Bill did not come out of Senate Rules as some had expected and still has not been heard in the Senate after passing the House last year. Continued efforts are needed in contacting your senators to move and pass this bill, which faces significant opposition from the cities. Fireworks may be rearing it’s head again. There may be an effort to bring HB 873 back up, or include increased pyrotechnics use through another bill. Continue to remind your legislators that fireworks revenues are not worth the danger to life and property they create. Remember, our responsibility during legislative session includes playing defense to keep harmful laws from being passed. The NC General Assembly released their 2018 appropriations bill (SB 99) May 28th and it has gone to the Governor for signature. It included $2.3 million in funds to the Department of Public Safety for Search and Rescue Teams. Last year we were successful in getting the name of these teams changed from Urban Search and Rescue to Search and Rescue, but were unable to secure funding. At this point, the budget now contains funding for those teams. This will be added to our priorities to keep in the budget. If you speak with your representatives, please ask them to keep it in the DPS funding. “Two million three hundred thousand dollars ($2,300,000) to the Department of Public Safety, Division of Emergency Management for the North Carolina Search and Rescue Program under Article of Chapter 166A of the General Statutes. One hundred thousand dollars ($100,000) shall be used for equipment and training to support search and rescue engineers.” Also included is an increase in the Line of Duty Death Benefit to $100,000 from $50,000. “When any law-enforcement officer, fireman, rescue squad worker or senior Civil Air 1 Patrol member shall be covered person is killed in the line of duty, the Industrial Commission 2 shall award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid 3 in the amounts set forth in subsection (b)….” Below is a list of issues and bills that we will also be monitoring and a brief list of the most watched issues. The list includes bills from the entire 2017/2018 Biennial Session, including those passed last year that have become Chapter Law (CL). Primary Issues We’re Watching HB 2 Property Tax Exemption for Firefighters – This bill passed the House, but was held in Senate Rules and not heard by committee in the Senate last year. It may be eligible this year but it’s too early to tell if it will be addressed. It provided or reinstated a small tax exemption for serving as a volunteer firefighter. HB 340 Separation Allowance for Firefighters – One of the most followed bill last year by the fire service, it would have provided a separation allowance for career firefighters under LGERS similar to what law enforcement receives. The bill passed the House unanimously, but was not heard by committee in the Senate and was held up in rules. HB 966 Increase and Expand Public Safety Death Benefit – Currently in SB 99, the Appropriations Act. Search and Rescue Team Funding – Currently in SB 99, the Appropriations Act. Increase LODD Benefit to $100,000 – Currently in SB 99, the Appropriations Act This report below includes all legislation that has been introduced at the Federal and State Level that the Legislative Committee of the NCSFA/NCAFC’s is tracking during the long session. It includes the bill number and a brief description of the bill under the comments section. You can access the legislation by clicking on the Bill number (HB XX) on the left and it will take you directly to the legislative site specific to the bill, including history, sponsors, and action. Once there you can click on the title and read the full text of the bill. |
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____________________________________________________________________Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are: • Anthony Penland, NCSFA – Chairperson • Barry Overman, NCSFA • AC Rich, NCSFA • Scott Rogers, NCSFA • Tim Bradley, NCSFA • Ed Brinson, NCSFA • Debbie Clary, Lobbyist • Kevin Gordon, NCAFC • Steve Neal, NCAFC • Ryan Cole, NCAFC • Donnie Hall, NCAFC • Jake Whisnant, NCAFC • Jeff Cash, NCAFC
For additional information contact: Tim Bradley, Executive Director Anthony Penland, Chairman Debbie Clary, Governmental Affairs |
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2018 Legislative Day
June 13, 2018
Each year we have the opportunity to show our support of fire service issues by visiting the NC General Assembly as a group. Please plan to attend Fire Service Legislative Day June 13th, 2018. Not only does the presence of over 200 uniformed firefighters in the building make a statement, it gives each of you the opportunity to visit and build a relationship with your local representatives.
We’ll gather at the Museum of Science at 8:00, and after a briefing we’ll head over to the Legislative Building for a group picture on the red carpet steps. We’ll provide speaking information and handout during the briefing, and lunch will be provided as well for those attending.
Please pass the word around and bring as many members as you can. Dress will be Class A Uniforms or fire department shirts, anything to identify you as a firefighter. This is our opportunity to show the Legislature that we are involved and watching their activities.
2018 Legislative Update #2The NC General Assembly released their 2018 appropriations bill May 28th. One item included is $2.3 million in funds to the Department of Public Safety for Search and Rescue Teams. Last year we were successful in getting the name of these teams changed from Urban Search and Rescue to Search and Rescue, but were unable to secure funding. At this point, the budget now contains funding for those teams. This will be added to our priorities to keep in the budget. If you speak with your representatives, please ask them to keep it in the DPS funding. “Two million three hundred thousand dollars ($2,300,000) to the Department of Public Safety, Division of Emergency Management for the North Carolina Search and Rescue Program under Article of Chapter 166A of the General Statutes. One hundred thousand dollars ($100,000) shall be used for equipment and training to support search and rescue engineers.” Also included in the budget bill is an increase in the Line of Duty Death Benefit to $100,000 from $50,000. Please ask your Representatives to support this as well. “When any law-enforcement officer, fireman, rescue squad worker or senior Civil Air 1 Patrol member shall be covered person is killed in the line of duty, the Industrial Commission 2 shall award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid 3 in the amounts set forth in subsection (b)….” Below is a list of issues and bills that we will be monitoring and a brief list of the most watched issues. The list includes bills from the entire 2017/2018 Biennial Session, including those passed last year that have become Chapter Law (CL). Primary Issues We’re Watching HB 2 Property Tax Exemption for Firefighters – This bill passed the House, but was held in Senate Rules and not heard by committee in the Senate last year. It may be eligible this year but it’s too early to tell if it will be addressed. It provided or reinstated a small tax exemption for serving as a volunteer firefighter. HB 340 Separation Allowance for Firefighters – One of the most followed bill last year by the fire service, it would have provided a separation allowance for career firefighters under LGERS similar to what law enforcement receives. The bill passed the House unanimously, but was not heard by committee in the Senate and was held up in rules. HB 966 Increase and Expand Public Safety Death Benefit – This bill was just introduced in the House and has not been heard by any committee as of yet. Search and Rescue Team Funding – Currently in SB 99, the Appropriations Act. Increase LODD Benefit to $100,000 – Currently in SB 99, the Appropriations Act This report below includes all legislation that has been introduced at the Federal and State Level that the Legislative Committee of the NCSFA/NCAFC’s is tracking during the long session. It includes the bill number and a brief description of the bill under the comments section. You can access the legislation by clicking on the Bill number (HB XX) on the left and it will take you directly to the legislative site specific to the bill, including history, sponsors, and action. Once there you can click on the title and read the full text of the bill. |
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____________________________________________________________________Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are: • Anthony Penland, NCSFA – Chairperson • Barry Overman, NCSFA • AC Rich, NCSFA • Scott Rogers, NCSFA • Tim Bradley, NCSFA • Ed Brinson, NCSFA • Debbie Clary, Lobbyist • Kevin Gordon, NCAFC • Steve Neal, NCAFC • Ryan Cole, NCAFC • Donnie Hall, NCAFC • Jake Whisnant, NCAFC • Jeff Cash, NCAFC
For additional information contact: Tim Bradley, Executive Director Anthony Penland, Chairman Debbie Clary, Governmental Affairs |
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Federal Legislative Update
Good News
Congress passed the Hometown Heroes Act authorizing the Governor to fly the Flags at half-staff for the death of any first responder killed in the line of duty.
One Hundred Fifteenth Congress of the United States of America AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen An Act To amend title 4, United States Code, to provide for the flying of the flag at half-staff in the event of the death of a first responder in the line of duty.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ”Bipartisan Budget Act of 2018”.
DIVISION A-HONORING HOMETOWN HEROES ACT SECTION 10101.
SHORT TITLE. This division may be cited as the ”Honoring Hometown Heroes Act”. SEC. 10102. PERMITTING THE FLAG TO BE FLOWN AT HALF-STAFF IN THE EVENT OF THE DEATH OF A FIRST RESPONDER SERVING IN THE LINE OF DUTY.
(a) AMENDMENT.-The sixth sentence of section 7(m) of title 4, United States Code, is amended- (1) by striking ”or” after ”possession of the United States” and inserting a comma; (2) by inserting ”or the death of a first responder working in any State, territory, or possession who dies while serving in the line of duty,” after ”while serving on active duty,”; (3) by striking ”and” after ”former officials of the District of Columbia” and inserting a comma; and (4) by inserting before the period the following: ”, and first responders working in the District of Columbia”. (b) FIRST RESPONDER DEFINED.-Such subsection is further amended- (1) in paragraph (2), by striking ”, United States Code; and” and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ”; and”; and (3) by adding at the end the following new paragraph: ”(4) the term ‘first responder’ means a ‘public safety officer’ as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284).”. (c) EFFECTIVE DATE.-The amendments made by this section shall apply with respect to deaths of first responders occurring on or after the date of the enactment of this Act.
2018 legislative UpdateThe NC General Assembly opened the short session for 2017/2018 Wednesday which is a continuation of last years session. Below is a list of issues and bills that we will be monitoring and a brief list of the most watched issues. The list includes bills from the entire 2017/2018 Biennial Session, including those passed last year that have become Chapter Law (CL). Since the session started Wednesday, 3 new bills have already been introduced that affect us, one primarily which would seek to increase the LODD to $100,000. Primary Issues We’re Watching HB 2 Property Tax Exemption for Firefighters – This bill passed the House, but was held in Senate Rules and not heard by committee in the Senate last year. It may be eligible this year but it’s too early to tell if it will be addressed. It provided or reinstated a small tax exemption for serving as a volunteer firefighter. HB 340 Separation Allowance for Firefighters – One of the most followed bill last year by the fire service, it would have provided a separation allowance for career firefighters under LGERS similar to what law enforcement receives. The bill passed the House unanimously, but was not heard by committee in the Senate and was held up in rules. HB 966 Increase and Expand Public Safety Death Benefit – This bill was just introduced in the House and has not been heard by any committee as of yet. This report below includes all legislation that has been introduced at the Federal and State Level that the Legislative Committee of the NCSFA/NCAFC’s is tracking during the long session. It includes the bill number and a brief description of the bill under the comments section. You can access the legislation by clicking on the Bill number (HB XX) on the left and it will take you directly to the legislative site specific to the bill, including history, sponsors, and action. Once there you can click on the title and read the full text of the bill. |
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____________________________________________________________________Joint Legislative Committee – This committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are: • Anthony Penland, NCSFA – Chairperson • Barry Overman, NCSFA • AC Rich, NCSFA • Scott Rogers, NCSFA • Tim Bradley, NCSFA • Ed Brinson, NCSFA • Debbie Clary, Lobbyist • Kevin Gordon, NCAFC • Steve Neal, NCAFC • Ryan Cole, NCAFC • Donnie Hall, NCAFC • Jake Whisnant, NCAFC • Jeff Cash, NCAFC
For additional information contact: Tim Bradley, Executive Director Barry Overman, Chairman, Executive Board Debbie Clary, Governmental Affairs |
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Legislative Day
June 13th, 2018
8:00 AM
Please make plans to attend and bring and bring as many firefighters as possible with you.
Each year we have the opportunity to show our support of fire service issues by visiting the NC General Assembly as a group. Please plan to attend Fire Service Legislative Day June 13th, 2018. Not only does the presence of over 200 uniformed firefighters in the building make a statement, it gives each of you the opportunity to visit and build a relationship with your local representatives.
We’ll gather at the Museum of Science at 8:00, and after a briefing we’ll head over to the Legislative Building for a group picture on the red carpet steps. We’ll provide speaking information and handout during the briefing, and lunch will be provided as well for those attending.
Please pass the word around and bring as many members as you can. Dress will be Class A Uniforms or fire department shirts, anything to identify you as a firefighter. This is our opportunity to show the Legislature that we are involved and watching their activities.
Federal Legislative Update
Good News
The US Senate passed the House version of the Firefighter Cancer Registry Act yesterday by unanimous consent. There are some changes from the version that the House passed last year so it will have to go back and pass the House again before it goes to the President.
This is good news for the fire service. The Firefighter Cancer Registry Act directs the Secretary of Health and Human Services (HHS) to develop and maintain a voluntary registry of firefighters to collect relevant history and occupational information that can be linked to available cancer registry data in existing State cancer registries.
– Why is monitoring firefighter cancer important?
For decades studies have indicated a strong link between firefighting and increased risk for several major cancers. The heightened incidence of cancer among firefighters has been attributed to their frequent exposure to a range of harmful substances. An extensive study published by the National Institute of Occupational Safety and Health (NIOSH) in 2014 found that firefighters were at an increased risk of being diagnosed with malignant mesothelioma and found potential links between exposure to fire incidents and heightened risks for lung cancer and leukemia, among several others.
– Why do we need a national firefighter cancer registry?
Past studies examining cancer incidence among firefighters have been limited by the availability and standardization of important epidemiological data, relatively small sample sizes, inconsistencies in the operationalization of key terms and metrics, incomplete employment histories and an underrepresentation of minority, female and volunteer firefighters. A national firefighter cancer registry would provide researchers and public health agencies with more direct and comprehensive access to the specific set of information they need to conduct more robust, focused and epidemiologically rigorous research on cancer incidence among firefighters. It would also provide better information to firefighters on how to take precautions to reduce cancer risks in the future, as well as to researchers to be able to develop more sophisticated safety equipment and protocols to lower cancer risks.
2018 Legislative Day
June 13, 2018
Each year we have the opportunity to show our support of fire service issues by visiting the NC General Assembly as a group. Please plan to attend Fire Service Legislative Day June 13th, 2018. Not only does the presence of over 200 uniformed firefighters in the building make a statement, it gives each of you the opportunity to visit and build a relationship with your local representatives.
We’ll gather at the Museum of Science at 8:00, and after a briefing we’ll head over to the Legislative Building for a group picture on the red carpet steps. We’ll provide speaking information and handout during the briefing, and lunch will be provided as well for those attending.
Please pass the word around and bring as many members as you can. Dress will be Class A Uniforms or fire department shirts, anything to identify you as a firefighter. This is our opportunity to show the Legislature that we are involved and watching their activities.
Information on PACs (Political Action Committees) Claiming to Represent Volunteer Fire Service Interests
Some of you may be getting emails or letters asking your department to solicit signatures on a petition from local industry and businesses to support Volunteer Fire Departments. Others may get requests in other forms indicating an organization is raising funds to assist local first responders. As with everything today, please be careful about solicitations. These are often Political Action Committees (PAC’s) raising funds, and the fund raising never returns to the local community but is used to support political activity.
There are two outside expenditure political action committees (Super PACs) that I am aware of that are soliciting donations to support elected officials that supposedly support the volunteer emergency services. One is Heroes United PAC, which does business as “Volunteer Firefighters Association” and “Association of Police and First Responders”. The other is For a Better America PAC, which does business as “Firefighters & First Responders Coalition” and “Police Officers Support Alliance”. There may be others.
The money that these groups are raising is all coming from small donations.
Both groups are spending almost all of the money that they are raising, and nearly all of the expenditures are on fundraising or political activity. Collecting signatures on a petition for example just provides the organization with local contacts they can hook up with. They then request donations from the list to support local fire departments, and the industry may be fooled into believing the money returns locally.
It is your decision whether to support political activity, but please do not be fooled into believing this money will be returned to you for use in your local community.
National Organizations like the National Volunteer Fire Council, International Association of Fire Chiefs, etc., lobby and represent your interest nationally. As always, our best lobbying efforts come from you contacting your local representatives and letting them know of the needs of the fire service, and supporting candidates at home that support the emergency services.
Please just be cautious about what people are asking for, and make sure you know where the money or information is going before you provide it to outside groups.
Thanks.
Tim Bradley, EFO, CFO, FIFireE
Executive Director, NC State Firefighters’ Association
Call to Action
As you can see below, the National Volunteer Fire Council is working with other National Organizations and the Congressional Fire Services Institute to restore funding to SAFER and AFG back to 2011 levels. Please copy and paste the attached wording and send it to your Congressional Representatives in both the US House and Senate with an email, or simply use the take action tab below and it will be done automatically. Thanks for your support and advocacy.
The bi-partisan leadership of the House of Representatives Fire Services Caucus is currently circulating a sign-on letter to the House Appropriations Committee asking them to provide $405 million each for the Assistance to Firefighters Grant (AFG) and the Staffing for Adequate Fire and Emergency Response (SAFER) grant programs in FY 2019. This would represent an increase of more than $50 million for each program and restore funding to the level that was provided in FY 2011.
Use the NVFC’s Legislative Action Center to ask your U.S. Representative to sign onto the AFG/SAFER funding letter!
Federal Legislative Update
House Resolution (HR) HR 1892 “Honoring Hometown Heroes Act” passed and was signed into law by President Trump last week, becoming Public Law No: 115-123. While providing some additional funding for disaster relief, this bill also creates a formal authorization for the governor of a state, territory, or possession of the United States or the Mayor of the District of Columbia to proclaim that the U.S. flag shall be flown at half-staff in the event of the death of a first responder (public safety officer) working in such jurisdiction who dies while serving in the line of duty. This law puts our LODD’s in the same category of other public officials whose death is recognized publicly by displaying the American Flag at half-mast. There was never anything in the flag code that said that you couldn’t do this, but some governors in the past have chosen only to order the flag lowered in response to a scenario explicitly authorized in the flag code. This cleans that up and makes it clear they can be lowered for an LODD.
HR 1892 also extends the add-on payments for Medicare reimbursement for ambulance transport retroactively to January 1.
You’ve probably seen that Congress passed a budget deal lifting spending caps by $320 billion total for FY 2018 and FY 2019 last week. The President just signed it into law. This deal establishes a budget for the next year and a half. Essentially, it establishes how much money will be spent overall but not the actual spending levels for individual programs. The good news in the short-term from a fire service perspective is that some of the funding increases that we have asked for ($355 million each for AFG/SAFER, up from $345 million; $44.4 million for USFA, up from $44 million; $16 million for VFA, up from $15 million) are now more likely to be passed due to the higher spending limit.
The bill that passed included a six-week continuing resolution, which will give Congress time to finish up the year-long FY 2018 appropriations. That will determine actual spending levels for FY 2018.
2018 NC Legislative Agenda
Thank you for joining and participating in our Legislative Advocacy Group. This years Legislative Session is a short session, or a continuation of the 2017/2018 session. As such, the issues will be more limited and the session will cover a shorter span. The Legislators should be coming to Raleigh for the session late April, and will probably be around until early July when the budget is finished. While we do not have a lot of ability to focus on new issues, we still have several we would like to see finished from last years session. As always, we’ll keep you posted as things progress.
1. Priority #1: Continue to work on and support the separation allowance legislation introduced last year in HB 340. This legislation crossed from the House to the Senate last year and is considered eligible this year.
2. Priority #2: Continue to pursue tax exemptions and benefits for firefighters both at the state and federal level. One example is HB 2 introduced last year that provides property tax exemptions for spouses of Line of Duty Death victims. Also included are tax exemptions at the federal level for firefighters.
3. Priority #3: Monitor legislation affecting the emergency services. There are several issues that may come up this session including additional cancers included in the line of duty death benefits, funding for Search and Rescue Teams, and even bills to increase the fire and rescue workers pension fund. The legislative committee of the NCSFA/NCAFC will continue to work to insure bills introduced are the best for NC firefighters.
Put on your Calendar Today….Legislative Day at the NC General Assembly May 16th.
May 16th we will go as a group to the Legislative Building and meet and greet legislators and let them know what our goals are. Our goal is to have at least one member from each legislative district in Raleigh, so we need our members from the East, West and Piedmont to attend. Please mark your calendars now and plan to attend. Specific information will be posted on our web site as plans are finalized.
Joint Legislative Committee – The committee was established by both the NCSFA and NCAFC’s Executive Boards to begin addressing legislative issues that impact the Fire Service of North Carolina. The Committee Members are:
– Anthony Penland, NCSFA – Chairperson
– Barry Overman, NCSFA
– AC Rich, NCSFA
– Scott Rogers, NCSFA
– Tim Bradley, NCSFA
– Ed Brinson, NCSFA
– Debbie Clary, NCSFA
– Kevin Gordon, NCAFC
– Steve Neal, NCAFC
– Donnie Hall, NCAFC
– Jake Whisnant, NCAFC
– Jeff Cash, NCAFC
– Ryan Cole, NCAFC
For additional information contact:
Tim Bradley, Executive Director
Anthony Penland, Executive Board
Debbie Clary, Governmental Affairs
North Carolina State Firefighters’ Association
888-546-2732 Toll-free
919-821-2132 Local
919-821-9382 Fax
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