Bill Summary for H 22 (2025-2026)

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Summary date: 

Jan 29 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 22 (Public) Filed Wednesday, January 29, 2025
AN ACT TO EXPAND THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS.
Intro. by Miller, Pyrtle.

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Bill summary

Expands the entities that can supervise a preliminary investigation under GS 58-79-1 (covering fires investigated, reports, and records) so that either the Director of the State Bureau of Investigation (SBI) through the SBI or the State Fire Marshal [Marshal] through the Office of the State Fire Marshal ([OSFM]), as determined by the official who conducts the preliminary investigation, has the right to supervise the investigation (currently only the Director of the SBI is authorized to supervise when they deem it expedient or necessary).

Gives the Director of the SBI, through the SBI, the exclusive right to supervise and direct investigations in cases involving death or serious bodily injury, first- or second-degree arson, buildings owned or occupied by State or local government, and buildings owned or leased by educational institutions, churches, or religious buildings if help from a State agency is requested by the official conducting the preliminary investigation.

Deletes language requiring the investigating office to notify the Director and furnish a written, verbally recorded, or electronic typewritten statement to the Director of all facts relating to the cause and origin of the fire and the kind, value, and ownership of property destroyed as well as any other information required by the Director’s forms. Removes the statutory requirement that the Director keep in his office a record of all reports submitted and that the reports are open to public inspection.

Makes conforming changes to GS 58-79-5 to account for changes to GS 58-79-1. Makes clarifying changes.  Amends GS 58-79-10, governing investigatory powers to add the Marshal, through OSFM, as an official/agency that has the investigatory powers set forth in the subdivision (currently, just the Director and his deputies). Makes conforming changes to the statute's title and text.

Amends GS 58-79-15 (failure to comply with summons or subpoena) to allow a person to be charged with contempt for failure to comply with a summons or subpoena issued by Marshal, through OSFM (currently, just the Director and his deputies).  Makes other conforming and technical changes.

Amends GS 58-79-40 (governing an insurance company’s duty to provide investigative information) to add the Office of the State Fire Marshal as an agency allowed to request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss (currently, just any fire or police chief, county fire marshal or sheriff, or special agent of the State Bureau of Investigation). Adds the Office of the State Fire Marshal as an agency to which an insurance company must provide investigative materials to if the company suspects that a fire loss was caused by incendiary means (currently, just State Bureau of Investigation). Makes language gender-neutral.

Effective October 1, 2025.