Bill Summaries: S 381 FIRE INVEST'N LAW/BACKGRD. CHECK REVISIONS.

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  • Summary date: Mar 28 2023 - View Summary

    Amends GS 58-79-1 (pertaining to investigation of fires) to designate the Office of the State Fire Marshall as an additional entity with the right to supervise a preliminary investigation into a fire when the official conducting the preliminary investigation requests investigative assistance from a State agency. Also allows the State Bureau of Investigation to supervise and direct an investigation when the official conducting the preliminary investigation requests investigative assistance from a State agency (was, when the Director of the State Bureau of Investigation [Director] deems it expedient or necessary).  Specifies that the Director will have 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, buildings owned or occupied by educational institutions, and churches or other religious buildings. Deletes provisions requiring the official conducting the official investigation to notify the Director, providing for a written statement by that official, and which charge the Director to keep records of all reports received that are open to public inspection.

    Amends GS 58-79-5, pertaining to the power of the Director to conduct examinations, arrests, and prosecution for fire related incidents, to extend that power to the Office of the State Fire Marshall as well. Makes technical and conforming changes.    

    Amends GS 58-79-10 pertaining to the powers of the Director in investigations to extend that power to the Commissioner of Insurance through the Office of the State Fire Marshall as well. Makes conforming changes. Amends GS 58-79-15 to allow the Commissioner of Insurance through the Office of the State Fire Marshall and their deputies the power to enforce subpoenas issued as part of an investigation into a fire, in addition to the Director and their deputies. Amends GS 58-79-40 to require an insurance company to furnish information pertaining to its investigation arising a fire loss to the Office of the State Fire Marshall in addition to the other persons listed in the statute. Makes conforming change.

    Above provisions are effective October 1, 2023.

    Amends GS 153A-233, (pertaining to a county’s ability to contract for fire-fighting and prevention services), GS 153A-234(b) (pertaining to duty of fire marshal to conduct criminal background checks on volunteers and employees), and GS 160A-292 (duty of fire chief to conduct background checks) as follows. Only requires a county to ensure that any county, city or other unit of local government, or incorporated volunteer fire department with whom the county contracts for fire-fighting or prevention services to obtain a criminal history record check of any person who applies for a paid or volunteer position providing fire-fighting or prevention services if they are over the age of 18 (currently no age requirement). Allows for the background check to be performed through the county clerk of court or a third-party vendor if the applicant has been a resident of the State for over five years and reports no charges or convictions on the application. Changes references to incorporated volunteer fire department to incorporated fire department in GS 153A-233.