Bill Summary for H 378 (2023-2024)

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Summary date: 

Apr 5 2023

Bill Information:

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.

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Bill 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.