Bill Summary for H 55 (2023-2024)

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Summary date: 

Feb 6 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 55 (Public) Filed Monday, February 6, 2023
AN ACT TO EXPAND THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS.
Intro. by Clampitt, Loftis.

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Bill summary

Amends GS 58-79-1 (covering fires investigated, reports, and records) to also authorize the Commissioner of Insurance (Commissioner) through the Office of State Fire Marshal, and the State Bureau of Investigation (currently, authorization is to the Director of the State Bureau of Investigation through the State Bureau of Investigation), in addition to local law enforcement and fire officials/agencies, to investigate all fires where property has been destroyed or damaged and to determine whether the fire was set intentionally or by carelessness. Adds the Commissioner, through the Office of the State Fire Marshal, as a state official who has the right to supervise or direct a preliminary fire investigation when they, or the Director of the State Bureau of Investigation (Director) deems it expedient or necessary (currently, only the Director has supervisory authority). Gives Director exclusive right to supervise and direct investigations in cases involving death or serious bodily injury.

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.

Amends GS 58-79-5 to add the Commissioner, through the Office of the State Fire Marshal, to those persons whose duty it is to investigate those fires involving property damage/destruction and/or bodily injury/death under GS 58-79-1 and to fully investigate such fires, including by taking witness testimony under oath and causing the testimony to be reduced to writing (currently, only the Director has this duty). Adds the Commissioner, through the Office of the State Fire Marshal, as an official, who, in addition to the Director or other appointee can opine that there is evidence to charge person(s) with arson, which triggers the Director’s right to arrest any such suspect. Makes other technical change. Makes conforming changes to the subdivision title and text. 

Amends GS 58-79-10, governing investigatory powers to add the Commissioner, through the Office of the State Fire Marshall, 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 the Commissioner, through the Office of the State Fire Marshal (currently, just the Director and his deputies).  Makes other conforming 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, 2023.