Bill Summary for S 290 (2021-2022)

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Summary date: 

Mar 15 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 290 (Public) Filed Thursday, March 11, 2021
AN ACT TO REQUIRE CRIMINAL HISTORY RECORD CHECKS OF APPLICANTS TO FIRE DEPARTMENTS, TO REQUIRE APPLICANTS TO DISCLOSE CERTAIN CRIMINAL CHARGES, AND TO PROHIBIT APPLICANTS CONVICTED OF CERTAIN CRIMES FROM SERVING AS VOLUNTEER OR PAID MEMBERS OF FIRE DEPARTMENTS.
Intro. by Britt, McInnis, Johnson.

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Bill summary

Amends the definition of criminal history set out in GS 143B-943, concerning the criminal history record checks of applicants to, and current members of, fire departments and emergency medical services, by (1) adding in Article 22, Damages and Other Offenses to Land and Fixtures, of GS Chapter 14, and (2) clarifying that Article 5A of GS Chapter 14 include endangering court offers, as well as Executive and Legislative officers. Allows the local Homeland Security director, local fire chief, county fire marshal, or local law enforcement agency requesting a criminal history to charge an applicant or current member the fee charged by the Department of Public Safety for the criminal history record check. Adds that an applicant is prohibited from serving in a paid or volunteer position with a fire department if the applicant's criminal history record check reveals a conviction of arson or another felony conviction involving burning or setting fire under the articles of GS Chapter 15; requires a local Homeland Security director, local fire chief, county fire marshal, or local law enforcement agency, to request, and requires an applicant to disclose, any pending felony charges involving the same. Prohibits offering the applicant a paid or volunteer position upon learning of those pending felony charges. Now requires, instead of allowing, a local fire department to deny an applicant the position and allows dismissal of a current member who refuses to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories; specifies that such refusal is just cause for the denial of the position or the dismissal from a current position. Allows a fire department to extend a conditional offer pending final disposition of felony charges disclosed or otherwise discovered. Makes additional clarifying, technical, and conforming changes.

Amends GS 153A-233 to add the requirement that a county ensure that any entity with whom the county contracts for fire-fighting or prevention services has obtained a criminal history record check of any person applying for a paid or volunteer position providing fire-fighting or prevention services. Makes additional clarifying changes.

Amends GS 153A-234 to require a fire marshal, and GS 160A-292 to require a fire chief, to obtain a criminal history record check of any person who applies for a paid or volunteer position with the fire department.