The 2023/2024 Legislative Season

This is Legislative Report #17

There still hasn’t been a lot of recent activity in the Legislature on our bills, but HB 378 has been signed into Law as Chapter Law 2023-104.

HB 378, which is now law, allows for three variations of criminal background checks normally requiring fingerprints, if the applicant or member has lived in NC for more than five consecutive years. They are:

(1) A statewide criminal history record check without fingerprints may be conducted by the North Carolina Department of Public Safety. The requesting entity shall provide to the North Carolina Department of Public Safety any information required by the Department to conduct a name only search and a form signed by the State resident to be checked consenting to the check of the criminal record and use of other identifying information required by the State Repository. The name and other required information shall be forwarded to the State Bureau of Investigation for a search of the State criminal history record file.

(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 shall provide the third-party vendor’s required documentation to complete the request.

(3) A statewide criminal history record check of the State resident’s name may be conducted and certified by the clerk of court, at the clerk’s discretion.

In addition, applicants for junior membership and current junior members of a fire department under the age of 18 shall be exempt from the criminal history record check.

Note: ** HB 488 is up for veto override, which has a negative impact on our system of residential codes and inspections. Please contact your legislator and ask them not to over-ride the veto on this bill.

Increase in Fire and Rescue Pension Benefits. This would include a $5 increase in benefits with a $5 increase in premiums. SB 728 has been introduced increasing the pension to $200 per month, but did not make crossover, but HB 270 with a $5 increase has passed the House and may be included in the budget. A potential increase of more is an option, but until the budget is released we won’t know much more
Secure continuation funding for the Cancer Insurance Pilot Program going into the future. We have met with legislators and have identified a funding source. Introduced as (SB 326). It passed the Senate and hopefully will be heard in the House or included in the budget.
Revise the Background Check Law for the fire service allowing alternatives for applicants who have lived in NC for five years and exempting junior members. (HB 378) has passed the House and Senate and has been signed by the Governor . Last Action: Jul 21, 2023 – Ch. SL 2023-104
Continue to pursue the use of blue lights on the rear of fire apparatus. This is being met with continued resistance from law enforcement groups and action is unlikely.
Oppose any legislative increase in use or sell of fireworks. The Fireworks bill introduced did not crossover.
Monitor and discuss any additional legislation introduced.

*** Indicates NCSFA/NCAFC Priority

H 0055 | Fire Investigation Law Revisions. Passed House and in Senate Rules.

Expands the investigative powers of the State Fire Marshal related to Arson.

*** H 0270 | Death Benefits Parity/Fire & Rescue Increase. Passed House and In Senate Rules

Increases Fire and Rescue Pension Benefits

H 0363 | The Gabe Torres Act. Passed House in Senate Rules.

THE GABE TORRES ACT, TO EXPAND THOSE ELIGIBLE UNDER THE PUBLIC SAFETY EMPLOYEES’ DEATH BENEFITS ACT, AND TO HONOR THE LIFE OF GABE TORRES, A RALEIGH POLICE OFFICER WHOSE LIFE CAME TO AN END AFTER A TRAGIC ACT OF VIOLENCE ON OCTOBER 13, 2022, WHILE HE WAS ON HIS WAY TO WORK. THIS WOULD ALLOW TRAVEL TO AND FROM DUTY AS WELL AS TO AND FROM TRAINING TO BE CONISDERED COVERED UNDER THE LODD ACT.

H 0370 | Responsible Firefighting Foam Management Act. Passed House in Senate Rules – Robert Davis |

TO FORBID USE OF FIREFIGHTING FOAMS CONTAINING PFAS CHEMICALS FOR FIREFIGHTING TRAINING OR TESTING PURPOSES. THIS ONLY COVERS TRAINING AND TESTING OF CLASS B FOAM, NOT IT’S USE IN ACTUAL EMERGENCIES.

*** H 0378 | Firefighters Criminal History Record Checks. Passed House in Senate Rules Hugh Blackwell |

PROVIDING THAT COUNTIES AND CITIES MAY HAVE CRIMINAL HISTORY RECORD CHECKS FOR FIREFIGHTER APPLICANTS WHO HAVE BEEN RESIDENTS OF THE STATE FOR FIVE OR MORE YEARS CONDUCTED THROUGH THE CLERK OF SUPERIOR COURT OR A THIRD-PARTY VENDOR AND PROVIDING THAT THE CRIMINAL HISTORY RECORD CHECKS REQUIREMENT SHALL NOT APPLY TO JUNIOR MEMBERS UNDER EIGHTEEN.

H 0387 | Medal of Valor Award for First Responders Engrossed and Presented to the Go Charles Miller |

To award the “Medal of Valor Award” to a first responder upon recommendation from the highest-ranking official within a department or agency employing first responders. The Governor may award up to two medals of valor to first responders each calendar year. The Governor may also award one Medal of Valor to an entire unit once each calendar year. If two recipients have already been awarded for the calendar year, the Governor may award a third recipient under special circumstances. The Medal of Valor 16 Award shall be for first responders that have performed great acts of heroism, while under threat of personal risk to their safety, beyond the call of duty in the field. For the purposes of this subdivision, a “first responder” includes any firefighter, paramedic, law enforcement officer, emergency medical services personnel, or rescue squad member.”

H 0488 | Code Council Reorg. and Var. Code Amend Mark Brody Engrossed and Vetoed

REORGANIZES THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND AMENDS VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.

H 0565 | Study Volunteer Firefighter Incentives. Passed House in Senate Rules Jarrod Lowery |

DIRECTS THE DEPARTMENT OF INSURANCE AND THE LABOR AND ECONOMIC ANALYSIS DIVISION OF THE DEPARTMENT OF COMMERCE TO STUDY WAYS TO INCENTIVIZE THE RECRUITMENT AND RETENTION OF VOLUNTEER FIREFIGHTERS.

H 0633 | Shine Like Hailey Parade Safety Act. Passed House in Senate Rules Frank Sossamon |

ENACT THE “SHINE LIKE HAILEY PARADE SAFETY ACT” BY AMENDING THE MOTOR VEHICLE LAWS OF THE STATE TO IMPOSE SAFETY REQUIREMENTS FOR OPERATION OF A PARADE VEHICLE, THAT NO LESS THAN 7 DAYS PRIOR TO THE PARADE THEY BE INSPECTED BY POLICE AND FIRE FOR REGISTRATION AND INSURANCE.

H 0661 | Emergency Services Peer Counseling Privilege. Passed House in Senate Rules Matthew Winslow |

EXPANDS THE SCOPE OF VARIOUS PEER SUPPORT GROUP COUNSELOR PROVISIONS

H 0707 | Assaults on First Responders & Social Workers. Passed House in Senate Rules Reece Pyrtle |

INCREASES THE PUNISHMENT FOR COMMITTING AN ASSAULT WITH A FIREARM AGAINST CERTAIN EMERGENCY, MEDICAL, AND LAW ENFORCEMENT PERSONNEL; TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT AGAINST AN EXECUTIVE OFFICER, A LEGISLATIVE OFFICER, OR A COURT OFFICER AND INFLICTING SERIOUS BODILY INJURY; AND TO INCREASE THE PUNISHMENT FOR COMMITTING AN ASSAULT OR MAKING A THREAT AGAINST AN INDIVIDUAL EMPLOYED BY OR ACTING ON BEHALF OF A COUNTY DEPARTMENT OF SOCIAL SERVICES.

S 0053 | Hotel Safety Issues Ch. SL 2023-5 | Vickie Sawyer |

TO CLARIFY THAT OCCUPANTS OF ACCOMMODATIONS PROVIDED BY HOTELS, MOTELS, OR SIMILAR LODGINGS DO NOT CREATE A TENANCY AND ARE NOT SUBJECT TO CHAPTER 42 OF THE GENERAL STATUTES AND TO CLARIFY THAT THESE OCCUPANCIES ARE GOVERNED BY THE STATUTES RELATING TO INNS, HOTELS, AND OTHER TRANSIENT OCCUPANCIES.

*** S 0326 | Firefighter Cancer Ins/Alt Crim Rec Check/WC. Passed the Senate in House Rules Todd Johnson |

FUNDS THE NORTH CAROLINA FIREFIGHTER CANCER INSURANCE PROGRAM WITHIN THE DEPARTMENT OF INSURANCE BY AMENDING THE CURRENT PERCENTAGE DISTRIBUTION OF THE GROSS PREMIUM ASSESSMENT AND TO SET RETAINED EARNING LIMITS FOR THE VOLUNTEER SAFETY WORKERS’ COMPENSATION FUND

Staying Active Legislatively and Engagifi

Right now, we have 2104 active Advocates on Engagifi. That means out of 50,000+ firefighters, just over 4%.

We would prefer to have many more, but the system is designed to allow people to join, not force or bulk sign them.

If you want to keep up with what’s going on and be a part of promoting and getting good legislation passed, join up. At the very least it will give you weekly updates and contact information for all of your representatives.

Log on to NCSFA, click on the Legislative Banner called Engagifi, or look under the Legislative Flag. Provide your email, design your own password, and provide your home zip code. It allows for much more, but that is all that is required. It takes less than 3 minutes.

See complete list below of bills introduced this session, some of which did not meet the cross-over date.

A note on New Legislative Tracking Software – If you were previously signed up for Capital Impact, you may have gotten a separate email asking you to sign up for Engagifii. Signing in and setting up will allow you access to many of the features of this new program, such as Bill Text Look-up, Committee Assignments, etc. However, if you choose to not sign up, you’ll continue to get these email notices as you have in the past.

As previously indicated, these are our Legislative Priorities for the 2023/2024 Session

The NCSFA and the NCAFC’s held a joint Legislative Committee meeting in December to discuss legislative priorities for the upcoming session. 1^st Vice President Richard Pulley from the NCSFA Chaired the meeting. Several Legislative Priorities were discussed and decide upon. There will obviously be other bills that are introduced affecting the fire service, but the priorities established by the committee are:

Increase in Fire and Rescue Pension Benefits. This would include a $5 increase in benefits with a $5 increase in premiums. SB 728 has been introduced increasing the pension to $200 per month.
Secure continuation funding for the Cancer Insurance Pilot Program going into the future. We have met with legislators and have identified a funding source. Introduced as (SB 326)
Revise the Background Check Law for the fire service allowing alternatives for applicants who have lived in NC for five years and exempting junior members. (HB 378) (Also included in the text of SB 381 and SB 326)
Continue to pursue the use of blue lights on the rear of fire apparatus. This is being met with continued resistance from law enforcement groups.
Oppose any legislative increase in use or sell of fireworks.
Monitor and discuss any additional legislation introduced. See additional bills below we are tracking that were not on our priority list.

We will continue to monitor bills as they are introduced.

Federal Legislation – We continue to Pursue Changes to IRS Regulations that could allow non-profit career firefighters in LGERS. The Retirement Act, Secure 2.0, passed Congress last year without our amendment due to opposition from another national fire service organization. As the new Congress gets underway, we’ll try to find a means of getting it introduced again.

Legislative Day Legislative Day has been scheduled for Wednesday, May 3^rd. Please mark your calendars. More information will be coming out in the future as planning proceeds.

Tim Bradley, EFO, CFO, FIFireE

Executive Director, NC State Firefighters’ Association

Joint NCSFA/NCAFC Legislative Committee

Richard Pulley, Chair NCSFA

Steven Roberson NCSFA

Curt Deaton NCSFA

Chris Davis NCSFA

Tim Bradley NCSFA Staff

Ed Brinson NCSFA Staff

Kevin Gordon NCAFC

Joey Webb NCAFC

Jennifer Smith NCAFC

Derrick Clouston NCAFC

Brian Causey NCAFC

Wes Hutchins NCAFC Staff

Listed below are the State bills introduced that we are currently tracking.

Prohibits anyone in uniform from being turned down to vote.

This bill allows an income tax credit to volunteer fire and rescue personnel for expenses incurred while volunteering based upon expenses paid.

INCREASE THE PUNISHMENT FOR DISCHARGING OR ATTEMPTING TO DISCHARGE A FIREARM AT OR INTO AN UNOCCUPIED EMERGENCY VEHICLE AND TO INCREASE THE PUNISHMENT FOR POINTING A LASER DEVICE AT A LAW ENFORCEMENT OFFICER OR OTHER EMERGENCY PERSONNEL WHEN THE PERSON OR ANIMAL IS IN THE PERFORMANCE OF HIS OR HER DUTIES.

Makes income received from a NC State or Local Government Retirement Plan or Federal Retirement plan exempt from State Income Tax. (Similar to previous us bills aligning with the Bailey Act).

H 0054 | Make North Carolina Home Act of 2023 | Feb 06, 2023 | Feb 07, 2023 – Ref to the Com on Local Government – Land Use, Planning and Development, if favorable, Commerce, if favorable, Rules, Calendar, and Operations of the House | Ben Moss |

TO TRANSLATE THE NORTH CAROLINA STATE BUILDING CODE INTO SPANISH; TO DIRECT THE DEPARTMENT OF COMMERCE TO ESTABLISH A WEBSITE TO TRACK ALL LOCAL PLANNING, ZONING, AND LAND-USE REGULATIONS; AND TO DIRECT THE DEPARTMENT OF COMMERCE TO DEVELOP A PROGRAM TO PARTNER WITH COUNTIES ON RESIDENTIAL SITE SELECTION.

Expands the investigative powers of the State Fire Marshal related to Arson.

APPROPRIATE FUNDS FOR CRITICAL PUBLIC SAFETY PRIORITIES AND QUALITY OF LIFE PROJECTS IN ROWAN COUNTY

This bill allows, by indicating “may”, the owner of an all terrain or utility vehicle to register it for a title. It would exclude golf carts. This may effect fd’s who own these type vehicles if they desire to title it for insurance or others reasons.

Increases Fire and Rescue Pension Benefits

Removes forever chemicals in certain projects. Does not appear to include turn-out gear.

REMOVES THE ADDITIONAL FEE FOR A FIRE DEPARTMENT OR RESCUE SQUAD MEMBER SPECIAL REGISTRATION PLATE.

CREATE A STATE BUILDING CODE PERMIT TECHNICIAN CERTIFICATION

EXPEDITE THE APPROVAL OF SEALED COMMERCIAL AND MULTIFAMILY BUILDING PLANS BY LOCAL GOVERNMENTS

APPROPRIATES FUNDS TO ADDRESS AND MINIMIZE EXPOSURE OF FIREFIGHTERS TO PFAS IN FIREFIGHTING FOAM

EXPANDS PROPERTY TAX HOMESTEAD EXCLUSION RELIEF TO VOLUNTEER FIREFIGHTERS, WHICH EXEMPTS THE FIRST $45,000 OF TAX EVALUATIONON THE PROPERTY.

REORGANIZES THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND AMENDS VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.

ESTABLISHES A SUPPLEMENTAL INSURANCE POLICY FOR FIRST RESPONDERS DIAGNOSED WITH MENTAL HEALTH CONDITIONS TO BE HOUSED WITHIN THE DEPARTMENT OF INSURANCE.

DIRECTS THE DEPARTMENT OF INSURANCE AND THE LABOR AND ECONOMIC ANALYSIS DIVISION OF THE DEPARTMENT OF COMMERCE TO STUDY WAYS TO INCENTIVIZE THE RECRUITMENT AND RETENTION OF VOLUNTEER FIREFIGHTERS.

ALLOWS FIRST RESPONDERS (LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY MEDICAL SERVICES PERSONNEL) WHO ARE MEMBERS OF THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM OR THE LOCAL GOVERNMENTAL EMPLOYEES’ RETIREMENT SYSTEM TO RETIRE WITH UNREDUCED BENEFITS AFTER ACHIEVING TWENTY-FIVE YEARS OF CREDITABLE SERVICE AND MAKING CONFORMING CHANGES.

ALLOWS FOR VOLUNTEER FIREFIGHTERS TO BE REIMBURSED FOR CERTAIN EXPENSES IN THE COURSE OF EMERGENCY RESPONSE.

EXPANDS THE SCOPE OF VARIOUS PEER SUPPORT GROUP COUNSELOR PROVISIONS

PROTECT THE FIREFIGHTERS OF THE STATE FROM THE HEALTH CONSEQUENCES OF EXPOSURE TO PFAS CHEMICALS BY PROHIBITION OF FIREFIGHTING FOAM CONTAINING PFAS CHEMICALS AND BY REQUIRING NOTICE OF FIREFIGHTING EQUIPMENT CONTAINING PFAS CHEMICALS.

PROVIDE FOR EMERGENCY PREPAREDNESS EDUCATION IN SCHOOLS.

ALLOWING LAW ENFORCEMENT OFFICERS TO RECEIVE RETIREMENT BENEFITS AND SUBSEQUENTLY RETURN TO SERVICE.

H 0785 | Prohibit Fire Sprinkler System Requirement | Apr 18, 2023 | Apr 19, 2023 – Ref to the Com on Local Government – Land Use, Planning and Development, if favorable, Rules, Calendar, and Operations of the House | Mark Brody |

PROVIDING LAW ENFORCEMENT OFFICERS WHO ARE MEMBERS OF THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM OR THE LOCAL GOVERNMENTAL EMPLOYEES’ RETIREMENT SYSTEM AN ALTERNATIVE SPECIAL SEPARATION ALLOWANCE.

Makes income received from a NC State or Local Government Retirement Plan or Federal Retirement plan exempt from State Income Tax. (Similar to previous us bills aligning with the Bailey Act).

Makes it unlawful to use (hold) a wireless communication devise while operating a motor vehicle..

REQUIRE LICENSING AND PERMITTING FOR INDIVIDUALS AND FIRMS THAT INSTALL AND SERVICE PORTABLE FIRE EXTINGUISHERS AND FIRE SUPPRESSION SYSTEMS

Allows an immediate inspection and admittance when a known hazard in presented to the inspection department of certain residential housing.

PROVIDE THAT THE PRESUMPTION OF A PERSON HAVING A REASONABLE FEAR OF IMMINENT DEATH OR SERIOUS BODILY HARM TO HIMSELF OR HERSELF OR ANOTHER WHEN USING DEFENSIVE FORCE OF HOME, MOTOR VEHICLE, OR WORKPLACE DOES NOT APPLY IF THE PERSON ENTERING OR ATTEMPTING TO ENTER THE PROPERTY IS AN EMERGENCY MEDICAL SERVICES PERSONNEL OR FIREFIGHTER.

EXPEDITE THE APPROVAL OF SEALED COMMERCIAL AND MULTIFAMILY BUILDING PLANS BY LOCAL GOVERNMENTS

ALLOWS AN INCOME TAX CREDIT TO CERTAIN VOLUNTEER WORKERS FOR UNREIMBURSED BUSINESS EXPENSES

AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE A CERTIFICATE OF TITLE FOR ALL-TERRAIN VEHICLES AND UTILITY VEHICLES AND EXPANDING THE STREETS OR HIGHWAYS ON WHICH A MODIFIED UTILITY VEHICLE MAY BE LEGALLY OPERATED.

Makes OSFM an independent agency with administrative support from DOI, carrying out its duties independent from DOI, and removing the Commissioner as State Fire Marshal. The State Fire Marshal would be appointed by the Commissioner by and with confirmation from the Senate, and serve a three year term.

REORGANIZES THE BUILDING CODE COUNCIL AND CREATE THE RESIDENTIAL CODE COUNCIL AND AMENDS VARIOUS PROVISIONS OF THE NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT REGULATIONS.

EXPANDS THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS AND PROVIDES AN ALTERNATIVE MEANS OF BACKGROUND CHECKS FOR RESIDENTS LIVING IN NORTH CAROLINA FOR LONGER THAN FIVE YEARS.

STUDIES THE INSTALLATION OF ADEQUATE CARBON MONOXIDE ALARM AND DETECTION SYSTEMS AND THE IMPLEMENTATION OF RADON GAS TESTING IN ALL IDENTIFIED PUBLIC SCHOOLS.

CREATES A HOMEBUYERS’ ASSISTANCE PROGRAM WITH THE NORTH CAROLINA HOUSING FINANCE AGENCY FOR FIRST-TIME HOMEBUYERS WHO WORK AS PUBLIC SERVANTS.

MAKE MODIFICATIONS TO THE HOME INSPECTOR LICENSING BOARD POWERS AND FEES AND TO MAKE VARIOUS CHANGES REGARDING LICENSING AND EXAMINATION FOR CODE OFFICIALS AND POWERS OF THE NC CODE OFFICIALS QUALIFICATION BOARD.

PERMIT THE SALE, POSSESSION, AND USE OF CERTAIN CONSUMER FIREWORKS AND TO LEVY AN EXCISE TAX ON THE SALES OF CONSUMER FIREWORKS.

REPEALS THE BAN ON PUBLIC EMPLOYEE COLLECTIVE BARGAINING.

See Sections 9 and 10 reference prescribed burning and unmanned aircraft around forest fires.

Establishes A SUPPLEMENTAL INSURANCE POLICY FOR FIRST RESPONDERS DIAGNOSED WITH MENTAL HEALTH CONDITIONS

CREATE A STATE BUILDING CODE PERMIT TECHNICIAN CERTIFICATION.

INCREASES ELIGIBLE FIREFIGHTERS’ RETIREMENT FROM ONE HUNDRED SEVENTY DOLLARS TO TWO HUNDRED DOLLARS, TO INCREASE CONTRIBUTIONS FROM TEN DOLLARS TO TWENTY DOLLARS, AND TO PROVIDE AN INFLATIONARY FACTOR FOR FUTURE DISBURSEMENTS.

The 2023/2024 Legislative Season

This is Legislative Report #17

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