H.B. 378
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 15, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40112-LM-6
Short Title: Firefighters Criminal History Record Checks. (Public)
Sponsors: Representative Blackwell.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT PROVIDING THAT COUNTIES AND CITIES MAY HAVE CRIMINAL HISTORY
3 RECORD CHECKS FOR FIREFIGHTER APPLICANTS WHO HAVE BEEN
4 RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS CONDUCTED THROUGH
5 THE CLERK OF SUPERIOR COURT OR A THIRD-PARTY VENDOR AND
6 PROVIDING THAT THE CRIMINAL HISTORY RECORD CHECKS REQUIREMENT
7 SHALL NOT APPLY TO JUNIOR MEMBERS UNDER EIGHTEEN.
8 The General Assembly of North Carolina enacts:
9 SECTION 1. G.S. 143B-943 reads as rewritten:
10 "§ 143B-943. Criminal history record checks of applicants to and current members of fire
11 departments and emergency medical services.
12 …
13 (d1) An applicant is prohibited from serving in a paid or volunteer position with a fire
14 department if the applicant's verified criminal history record check reveals a conviction of arson
15 or another felony conviction involving burning or setting fire under Article 15, Article 22, or any
16 other Article of Chapter 14 of the General Statutes. A local Homeland Security director, local
17 fire chief, county fire marshal, or local law enforcement agency, as applicable, shall request, and
18 an applicant shall disclose, any pending felony charges involving burning or setting fire under
19 Article 15, Article 22, or any other Article of Chapter 14 of the General Statutes. Upon becoming
20 aware of pending felony charges, through the required disclosure or by other means, a local
21 Homeland Security director, local fire chief, county fire marshal, or local law enforcement
22 agency shall not offer the applicant a paid or volunteer position, except as provided in subsection
23 (f) of this section. This subsection does not apply to an applicant for a paid or volunteer position
24 with an emergency medical service.
25 …."
26 SECTION 2. G.S. 153A-233 reads as rewritten:
27 "§ 153A-233. Fire-fighting and prevention services.
28 A county may establish, organize, equip, support, and maintain a fire department; may
29 prescribe the duties of the fire department; may provide financial assistance to incorporated
30 volunteer fire departments; may contract for fire-fighting or prevention services with one or more
31 counties, cities or other units of local government, incorporated volunteer fire departments, or
32 with an agency of the State government; and may for these purposes appropriate funds not
33 otherwise limited as to use by law. A county shall ensure that any county, city or other unit of
34 local government, or incorporated volunteer fire department with whom the county contracts for
35 fire-fighting or prevention services shall obtain a criminal history record check of any person
36 who applies for a paid or volunteer position providing fire-fighting or prevention services. The
*DRH40112-LM-6*
 General Assembly Of North Carolina Session 2023
1 criminal history record check shall be conducted and evaluated as provided in
2 G.S. 143B-943.G.S. 143B-943; provided, however, if an applicant has been a resident of North
3 Carolina for five years or more and did not report any charges or conviction on his or her
4 application, the criminal history record check may be conducted through the office of the clerk
5 of superior court or a third-party vendor. The criminal history record check shall not apply to
6 junior members under the age of 18. The county may also designate fire districts or parts of
7 existing districts and prescribe the boundaries thereof for insurance grading purposes."
8 SECTION 3. G.S. 153A-234 reads as rewritten:
9 "§ 153A-234. Fire marshal.
10 …
11 (b) The fire marshal shall obtain a criminal history record check of any person who
12 applies for a paid or volunteer position with the fire department. The criminal history record
13 check shall be conducted and evaluated as provided in G.S. 143B-943.G.S. 143B-943; provided,
14 however, if an applicant has been a resident of North Carolina for five years or more and did not
15 report any charges or conviction on his or her application, the criminal history record check may
16 be conducted through the office of the clerk of superior court or a third-party vendor. The
17 criminal history record check shall not apply to junior members under the age of 18."
18 SECTION 4. G.S. 160A-292 reads as rewritten:
19 "§ 160A-292. Duties of fire chief.
20 …
21 (b) The fire chief shall obtain a criminal history record check of any person who applies
22 for a paid or volunteer position with the fire department. The criminal history record check shall
23 be conducted and evaluated as provided in G.S. 143B-943.G.S. 143B-943; provided, however, if
24 an applicant has been a resident of North Carolina for five years or more and did not report any
25 charges or conviction on his or her application, the criminal history record check may be
26 conducted through the office of the clerk of superior court or a third-party vendor. The criminal
27 history record check shall not apply to junior members under the age of 18."
28 SECTION 5. This act is effective when it becomes law and applies to applications
29 submitted on or after that date.
Page 2 DRH40112-LM-6


Statutes affected:
Filed: 143B-943, 153A-233, 153A-234, 160A-292
Edition 1: 143B-943, 153A-233, 153A-234, 160A-292
Edition 2: 143B-943
Edition 3: 143B-943, 153A-233, 153A-234, 160A-292
Edition 4: 143B-943, 153A-233, 153A-234, 160A-292
Edition 5: 143B-943, 153A-233, 153A-234, 160A-292
Ratified: 143B-943, 153A-233, 153A-234, 160A-292
SL 2023-104: 143B-943, 153A-233, 153A-234, 160A-292