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| June 2009 Legislative Update
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PROFESSIONAL FIRE FIGHTERS and PARAMEDICS OF NORTH CAROLINA From the office of David R. Anders, President The following is a PFFPNC Update on legislation this session. One bill that has been introduced is the 2009 Public Safety Employer-Employee Cooperation Act. This was introduced in preparation for the national bill which we expect to be passed later on this session. The Dead line for introducing legislation that has spending in it was May 6, 2009. We wanted to have a bill introduced so we would have something to work with should the bill pass before this session is over (see HB 1651 below). Payroll Deductions – HB 1033 would require local governments to deduct public safety employee association dues from employee’s pay providing the association member agrees to the deduction and providing the association has 50% or more of the eligible members of the department as members of the association. With law enforcement, this would require that the organization have a minimum of 2000 members statewide. The bill explicitly excludes sheriff’s department personnel. The crossover dead line was May 14 and normally the bill would be dead since it did not pass the House. There has been some discussion that the bill could be reclassified as a Finance bill which would mean that it is still alive but this has not materialized as yet. Retirement Equity in State Fire and Rescue Pension Fund – HB 872 addresses the unequal treatment of volunteer vs. career fire fighter and Rescue Squad Worker in the Fire and Rescue Pension Fund. Currently, volunteers can draw their Fire and Rescue Pension at age 55 and keep on working while career personnel must wait until they retire. HB 872 would grant career fire fighters and rescue squad workers their Fire and Rescue Pension at age 55 provided they have contributed to the retirement 20 years. Upon reaching age 55, the pension would be deposited into an escrow account until the career employee retires and will accumulate approximately 4% interest until withdrawn. The pension can be drawn out in a one lump sum or in payments. The benefit is currently $170 per month. HB 872 passed the House Pension and Retirement Committee and is currently in Finance. Fire and Rescue Separation Allowances – SB 908 would establish a Special Separation Allowance for career fire fighters and career rescue squad workers. This bill is patterned after law enforcement’s separation allowance with slight differences. This bill would cover retired career fire fighters and rescue squad workers and former fire fighters and rescue squad workers who are permanently disabled in the line of duty. The worker must have completed 30 or more years of creditable years of service or have attained 55 years of age and completed five or more years of service. A disable worker would draw the allowance upon reaching the equivalent of their 30 years of service. The formula is slightly lower than law enforcement but is payable until the worker is eligible for unreduced social security benefits. The formula is 0.57% of the annual equivalent of the base rate of compensation most recently applicable to him or her for each year of creditable service. Although budgets are stretched at the State and Local Government levels, the PFFPNC will be working to see if there is room for this bill to move. Repeal G.S. 95-98 –HB 750 and SB 427 titles “Restore Contract Rights to State/Local” wouldallow government entities to enter into a group contract with their employees. The bill would give government entities the authority to find solutions to employee problems and projects and sign a written agreement, if they so desire. Current law bansNC government entities from signing a contract with their own employees, even if they want to. Repealing G.S. 95-98 would allow local government agencies to deal with problems specific to their employees. The legislative day for this bill is May 26 when public employees from across the state will be coming to Raleigh to meet with legislators. The PFFPNC is a core member of the HOPE Coalition who is sponsoring the event. Cooperation Act – HB 1651 The Public Safety Employer-Employee Cooperation Act would grant public fire, EMS and law enforcement employee’s organizations the right to discuss work place issues with their employer that they currently do not have. This legislation would be available when the National Legislation becomes law. The bill would establish minimum standards for local government public safety employee’s organizations for the purpose of meeting with their employers and reaching agreements concerning workplace issues. Presumptive – SB 930 would create a presumption that cardiovascular disease, certain cancers and certain infectious diseases contracted by local government fire fighters and infectious diseases by local government EMS employees are job-related for purposes of workers’ compensation and disability retirement. 25 Year Retirement – HB 1601 This would establish unreduced benefits for career fire fighters and EMS personnel within the Local Governmental Employees Retirement System at 25 years and increase the multiplier to 2.2%. Photoelectric Smoke Detectors – HB 1125 would require that a minimum of one photoelectric smoke detector be installed on every level of a newly built home. It is recognized by almost every authority within the fire protection industry that smoldering fires kill more people than any other fire. While ionization smoke detectors are in most homes in America and North Carolina they have a poor response record to early detection of smoldering fires. On the other hand, the photoelectric smoke detector has consistently proven to detect smoldering fires up to 30 minutes before the ionization detector. This bill did not make the crossover deadline and will be reintroduced next session PBDEs – HB 823 and SB 993 – Blue Ridge Environmental Defense League, NC Conservation Network, and Toxic Free NC - along with other organizations and agencies - have partnered with Representative Pricey Harrison in crafting a bill that would ban certain products in NC containing toxic PBDEs, specifically, deca-bromodiphenylether or decaBDE, a toxic flame retardant that has been linked to developmental and behavioral disabilities. PBDEs are found everywhere - in dust, carpets, mattresses, computers, televisions, infant car seats, and baby strollers; in NC rivers, lakes and streams; and in wastewater effluent and sewage sludge. PBDEs degrade to even more toxic chemicals, including dioxins. Infants and children are at greater risk because of exposure to decaBDE through breast milk and from ingesting dust on floors and carpets. Two forms of PBDEs have already been banned in several states, and close to a dozen other states have pending legislation similar to that currently proposed for NC. The IAFF has taken a position against these chemicals to protect firefighters while fighting structure fires.
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