From the Office of Representative Larry D. Hall
November 5, 2007
We rely on first responders to help us with everyday problems and protect us during emergencies and disasters. They are often on the frontline and risk their lives to keep us safe. My colleagues and I are thankful for all of the sacrifices our first responders and their families make for all of us as they serve. This session we made several improvements to help our police, sheriffs, firefighters, EMS personnel and other first responders.
As always, thank you for your continued support. Please contact me if I can help with any questions or concerns you have.
Budget
Our budget contained several items that will benefit first responders. The General Assembly set aside $250,000 for training and equipment for seven HAZMAT Regional Response Teams. More than $364,500 will be used to expand the State Fire Marshal's staff. We will spend $293,500 to increase the benefits in the Fireman's and Rescue Squad Worker's Pension Fund from $165 to $167 per month for retirees and we added a $250 tax credit for volunteer firefighters. The Office of Emergency Medical Services will receive a $101,800 from a grant from the Duke Endowment to establish two new positions that will help improve EMS in North Carolina.
Hazardous Waste
The General Assembly passed a bill that will protect residents who live close to hazardous waste facilities and help first responders serving in those areas. The bill (HB 36) requires owners of hazardous waste facilities to send critical information to all emergency response agencies serving the area in which the facility is located at least 120 days before applying for a permit. This includes information on the locations and properties of hazardous waste within the facility and what the facility expects each emergency response agency to do in the event of an emergency. The emergency response agencies must then tell the owners if they are equipped to effectively meet those expectations and if the facility has adequate plans to handle emergencies.
Anyone who applies for a permit to open a hazardous waste facility must notify every person who lives or owns property within a quarter of a mile of the facility that there is an application on file within 10 days. Businesses that have received a permit must give residents a description of the facility, the hazardous waste processed there and the emergency response plan for the facility once a year. The owners or operators of a hazardous waste facility also must provide 24 hour security and surveillance of the facility seven days a week.
The bill also establishes a task force that will allow state and local fire inspectors to identify risks associated with hazardous materials.
If hazardous material is released and State Medical Assistance Teams or the Epidemiology Section of the Department of Health and Human Services is activated, the business that is responsible for the release is liable for costs incurred by the personnel that respond to the incident.
Immigration
The NC Sheriff's Association will receive $750,000 to better coordinate their efforts with those of the U.S Immigration and Customs Enforcement office. The new program will enhance communication and cooperation between federal, state, and local officers who then work together to find and deport illegal aliens. This funding will pay for technical training and travel expenses for officers who will take part in the program.
Firefighter Immunity
My colleagues and I passed a bill (HB 552) that grants local trustees of the Firefighter's Relief Fund immunity from civil liability when they are acting within the scope of their official duties and did not incur the liability from the operation of a motor vehicle.
Firefighter's Relief Fund
We passed a bill (HB 833) to rename the Firemen's Relief Fund the Firefighter's Relief Fund to recognize all of the female firefighters who risk their lives and serve to protect North Carolinians.
Emergency Vehicles
Legislators passed a bill (HB 1321) that grants weight and size limit exemptions to state and local firefighting agencies transporting overweight and oversized vehicles (up to 90,000 pounds, 12 feet wide and 75 feet long) being used to respond to forest fires, wildfires, or other emergencies or disasters.
Criminal Background Checks
The Emergency Medical Service Disciplinary Committee now has the authority to review criminal background information of EMS personnel. A bill (HB 535) authorizes the Committee to use criminal background information to make recommendations involving EMS credentials and disciplinary action.
Another bill (HB 1322) gives local fire chiefs, county fire marshals and local EMS directors the authority to directly ask the federal Department of Justice for criminal histories of applicants.
Granite Quarry and Faith Police
The towns of Granite Quarry and Faith will now be able to better protect residents. A bill (HB 925) gives the towns the authority to establish a joint police authority to protect both towns.
Our judicial and legal systems wield tremendous authority in our state and I believe that as legislators we have a duty to ensure that our citizens are served by an efficient and reliable justice system. This session we passed laws to protect citizens, streamline these systems and make them more accessible to the underserved. We passed laws to decrease the number of medical malpractice suits, protect defendant's rights, and improve regulations for juveniles in the system.
Mediation
This session the General Assembly passed a bill (HB 1671) expected to decrease the number of medical negligence claims that come through the courts. The bill encourages parties involved in these cases to use an arbitrator and describes the arbitration process. The person filing for personal injury or wrongful death due to negligence by a healthcare provider and that healthcare provider involved can file a joint stipulation to use arbitration before the trial.
An arbitrator must be selected within 45 days after the stipulation is filed. The arbitrator must issue a written award within 14 days after the last hearing and is required to find if the claimant suffered injury due to the defendant's negligence. The award cannot exceed $1 million and the fees and expenses of the arbitrator will be divided equally among the parties. It the parties decide not to use arbitration, they would each have to file a declaration saying that they are aware of the arbitration option and choose not to use it. This bill is expected to cut the costs and time involved in resolving these disputes while ensuring that the decision made is fair and honest.
Legislators passed a bill (SB 728) to encourage mediation in district criminal courts. The law establishes a standard certification program for mediators. Judicial districts chosen by the Dispute Resolution Commission and the Director of the Administrative Office of the Courts will participate only if the chief district court judge, the district attorney and the community mediation center agree to participate.
Juries and Civil Cases
The General Assembly passed a bill to provide more equity in civil cases. When there are two or more plaintiffs in a civil case, the judge now has the authority to apportion juror challenges among the plaintiffs or increase the number of challenges for each plaintiff. Challenges are used by lawyers to remove potential jurors from consideration for the final jury. The bill limits each plaintiff to no more than six challenges.
Another bill (SB 1117) gives judges in civil cases the authority to determine if jurors may take evidence into the jury room.
My colleagues and I passed a bill law that requires the state registrar to send a list of recently deceased prospective jurors to county jury commissions to refine the jury selection process. The bill (HB 943) also requires the Commissioner of Motor Vehicles to omit the names of people who have been inactive voters for at least eight years or whose driver's licenses have been expired for at least eight years.
Evidence and Investigations
To help improve prosecution of the guilty and protect those who have been wrongfully accused, we cleared legislation to improve criminal investigations. We passed a bill (HB 1626) that requires an electronic copy of interrogations conducted while a defendant is in custody.
Another bill (HB 1625) standardizes the process for eyewitness identification of suspects. Lineups must be conducted by an independent administrator and the individuals or photos must be presented sequentially rather than at the same time.
The General Assembly ratified a bill (HB 1500) that gives defendants access to DNA testing of evidence if the technology and testing procedures have improved since the evidence was collected. Evidence must be stored so that it will not be contaminated or degraded.
One new law (SB 1130) gives defendants access to law enforcement's complete files, including files from any public or private group that obtains information connected to the investigation. The law is expected to streamline the investigation process. Another bill (HB 786) requires these files to be sent to the state and district attorneys as well.
A new law (HB 1617) states that if a private citizen is killed by a law enforcement officer in the line of duty, the next of kin can request an investigation of the incident.
Juveniles
We passed a new law that makes it unlawful to execute an inmate who was convicted of a homicide that occurred before he or she reached the age of 18. The bill (HB 784) follows a U.S. Supreme Court ruling in Roper v. Simmons that says execution of an offender under 18 at the time of a crime is cruel and unusual punishment.
We passed several laws changing the ways we treat juveniles in the justice system. One bill (HB 1243) allows judges to physically restrain juveniles in the courtroom only if they find the restraint necessary to maintain order and safety or to prevent the juvenile from escaping. Another bill (HB 1479) allows a judge to place a juvenile in contempt if that juvenile tries to disrupt court proceedings, refuses to follow instructions at court, or does anything else that shows that he or she does not respect the authority of the court.
Another law requires the state to release identifying information for juvenile escapees. The bill (HB 1148) stems from the repeated escapes of juveniles at the Swannanoa Valley Youth Development Center. The state can now release the first names and photos of escaped juvenile prisoners.
Larry D. Hall
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