FIREFIGHTERS CRIMINAL HISTORY RECORD CHECKS.

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View NCGA Bill Details2023-2024 Session
House Bill 378 (Public) Filed Wednesday, March 15, 2023
AN ACT PROVIDING THAT CRIMINAL HISTORY RECORD CHECKS MAY BE CONDUCTED THROUGH THE DEPARTMENT OF PUBLIC SAFETY, CLERK OF COURT, OR A THIRD-PARTY VENDOR FOR FIREFIGHTER APPLICANTS AND CURRENT MEMBERS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS, PROVIDING THAT THE FIREFIGHTER CRIMINAL HISTORY RECORD CHECK REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBER APPLICANTS AND CURRENT MEMBERS UNDER EIGHTEEN, AND CLARIFYING THAT CRIMINAL HISTORY RECORD CHECKS ARE REQUIRED FOR FIREFIGHTERS PRIOR TO OFFERING THE POSITION.
Intro. by Blackwell, Saine, Torbett, Riddell.

Status: Ch. SL 2023-104 (Jul 21 2023)

SOG comments (3):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT PROVIDING THAT COUNTIES AND CITIES MAY HAVE CRIMINAL HISTORY RECORD CHECKS FOR FIREFIGHTER APPLICANTS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS CONDUCTED THROUGH THE CLERK OF SUPERIOR COURT OR A THIRD-PARTY VENDOR AND PROVIDING THAT THE CRIMINAL HISTORY RECORD CHECKS REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBERS UNDER EIGHTEEN.

Long title change

House committee substitute to the 2nd edition changed the long title. Previous title was AN ACT PROVIDING THAT CRIMINAL HISTORY RECORD CHECKS MAY BE CONDUCTED FOR FIREFIGHTER APPLICANTS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS CONDUCTED THROUGH THE DEPARTMENT OF PUBLIC SAFETY, THE CLERK OF SUPERIOR COURT, OR A THIRD-PARTY VENDOR, AND PROVIDING THAT THE FIREFIGHTER CRIMINAL HISTORY RECORD CHECK REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBER APPLICANTS UNDER EIGHTEEN.

Long title change

House amendment to the 3rd edition changed the long title. Previous title was AN ACT PROVIDING THAT CRIMINAL HISTORY RECORD CHECKS MAY BE CONDUCTED THROUGH THE DEPARTMENT OF PUBLIC SAFETY OR A THIRD-PARTY VENDOR FOR FIREFIGHTER APPLICANTS AND CURRENT MEMBERS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS, PROVIDING THAT THE FIREFIGHTER CRIMINAL HISTORY RECORD CHECK REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBER APPLICANTS AND CURRENT MEMBERS UNDER EIGHTEEN, AND CLARIFYING THAT CRIMINAL HISTORY RECORD CHECKS ARE REQUIRED FOR FIREFIGHTERS PRIOR TO OFFERING THE POSITION.

Bill History:

H 378/S.L. 2023-104

Bill Summaries:

  • Summary date: Jul 24 2023 - View Summary

    AN ACT PROVIDING THAT CRIMINAL HISTORY RECORD CHECKS MAY BE CONDUCTED THROUGH THE DEPARTMENT OF PUBLIC SAFETY, CLERK OF COURT, OR A THIRD-PARTY VENDOR FOR FIREFIGHTER APPLICANTS AND CURRENT MEMBERS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS, PROVIDING THAT THE FIREFIGHTER CRIMINAL HISTORY RECORD CHECK REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBER APPLICANTS AND CURRENT MEMBERS UNDER EIGHTEEN, AND CLARIFYING THAT CRIMINAL HISTORY RECORD CHECKS ARE REQUIRED FOR FIREFIGHTERS PRIOR TO OFFERING THE POSITION. SL 2023-104. Enacted July 21, 2023. Effective July 21, 2023.


  • Summary date: Jun 13 2023 - View Summary

    Senate committee substitute to the 4th edition makes the following changes.

    Amends new definition of requesting entity under GS 143B-943 (concerning criminal history record checks of applicants and current members of fire departments and EMSs) by including designees of the listed entities in the definition. 


  • Summary date: Apr 19 2023 - View Summary

    House amendment to the 3rd edition makes the following changes. 

    Further amends GS 143B-943 by expanding upon the ways a requesting entity can request a statewide criminal history record check to also allow a statewide criminal history record check of the State resident's name to be conducted and certified by the clerk of court, at the clerk's discretion. Makes conforming changes. Makes conforming changes to the act's long title. 


  • Summary date: Apr 18 2023 - View Summary

    House committee substitute to the 2nd edition adds the following.

    Amends GS 153A-233 to require counties to ensure that any local government or nonprofit volunteer fire department with whom they contract for fire-fighting or prevention services obtains a criminal history record check for an applicant prior to offering that applicant a paid or volunteer position providing those services (previously, required record checks of persons who apply for the positions; previously, referred to incorporated volunteer fire departments). Makes changes throughout to refer to "nonprofit volunteer fire departments" rather than "incorporated volunteer fire departments" with regard to fire departments counties may provide financial assistance to and contract with. 

    Amends GS 153A-234 and GS 160A-292 to require fire marshals and fire chiefs to obtain criminal history checks for applicants prior to offering a paid or volunteer position for their respective fire departments (previously, required record checks for persons who apply for the positions). 

    Makes conforming changes to the act’s long title.


  • Summary date: Apr 5 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends GS 143B-943 (pertaining to criminal history record checks of applicants and current members of fire departments and emergency medical services) to add defined term state resident. Defines requesting entity as a designated local Homeland Security director, a local fire chief of a rated fire department, a fire chief of a nonprofit volunteer fire department, a county fire marshal, or an emergency services director, or, if there is no designated local Homeland Security director, local fire chief of a rated fire department, fire chief of a nonprofit volunteer fire department, county fire marshal, or emergency services director, a local law enforcement agency. Expands the scope of entities to whom the NC Department of Public Safety (Department) may provide an applicant’s or members criminal history to the requesting entities. (Currently, statute lists a designated local Homeland Security director, a local fire chief of a rated fire department, a county fire marshal, an emergency services director, or if there is no designated local Homeland Security director, local fire chief of a rated fire department, county fire marshal, or emergency services director as requesting entities to which the Department may provide a criminal history). Deletes provisions authorizing the Department to charge a fee for the criminal history and for the requesting entity to pass that fee on to the applicant or current member and instead sets out new provisions governing charging fees. Authorizes a statewide criminal history record check without fingerprints may be conducted in lieu of the criminal history record check set forth above for a state resident. Authorizes the requesting entity to request the statewide criminal history record check without fingerprints through either of the following ways: (1) a statewide criminal history record check without fingerprints may be conducted by the Department by forwarding the name and other required information to the State Bureau of Investigation (SBI) for search. Specifies information that requesting entity must provide to the Department, including a signed consent form for the search itself and the use of the information or (2) a statewide criminal history record check of the State resident's name may be conducted by a third-party vendor. The requesting entity and State resident must provide the third-party vendor's required documentation to complete the request. Exempts applicants for junior membership and current junior members of a fire department under the age of 18 from the criminal history record check. Makes conforming changes.

    Makes conforming changes to the act’s long title.


  • Summary date: Mar 15 2023 - View Summary

    Amends GS 153A-233, GS 153A-234, and GS 160A-292 to allow counties, incorporated fire departments, fire marshals, and fire chiefs to conduct the criminal history check required of applicants for all paid or volunteer positions with a fire department or fire-fighting and prevention service through the office of the clerk of superior court or a third-party vendor, rather than pursuant to the procedures of GS 143B-943, if the applicant has been a State resident for at least five years and did not report any charges or conviction on their application. Additionally exempts junior members under 18 from the statutes' criminal history record check requirements. Makes conforming changes to GS 143B-943 to refer to criminal history record checks rather than verified criminal history record checks.

    Further amends GS 153A-233 to refer to incorporated fire department with whom counties contract for fire-fighting or prevention services (was, incorporated volunteer fire departments).