Senate amendment to the 3rd edition makes the following changes.
Amends GS 153A-233 (county firefighting and prevention services) to require that the background check be obtained prior to offering an applicant a paid or volunteer position. Makes technical changes. Amends GS 153A-234(b) (fire marshal) to similarly specify that any background check must be obtained prior to offering an applicant a position. Also authorizes the fire marshal’s designee to obtain the background check (was, just fire marshal). Makes technical changes. Amends GS 160A-292(b) (fire chiefs) to specify that any background check must be obtained prior to offering an applicant a position and to also authorize the fire chief’s designee (was, just the fire chief) to obtain a background check.
Bill Summaries: S326 (2023-2024 Session)
-
Bill S 326 (2023-2024)Summary date: Apr 25 2023 - View summary
-
Bill S 326 (2023-2024)Summary date: Apr 18 2023 - View summary
Senate committee substitute to the 2nd edition makes the following changes.
Adds new section to the act, pertaining to certain background check requirements for firefighters, as follows. Amends GS 153A-233 (counties), GS 153A-234(b) (fire marshal), and GS 160A-292(b) (fire chiefs) to specify that these entities only have to obtain a background check of any person over age 18 (previously no minimum age requirement) who either applies for a paid or volunteer position with their respective departments (fire marshal and fire chiefs) or, in the case of GS 153A-233, is in a paid or volunteer position with a county, city, or other unit of local government, or incorporated fire department (currently, volunteer fire department) with whom the county contracts for fire-fighting or prevention services. Permits the criminal history check to be conducted 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. Applies to applications submitted on or after the act becomes law. Makes organizational changes.
-
Bill S 326 (2023-2024)Summary date: Apr 4 2023 - View summary
Senate committee substitute to the 1st edition makes the following changes. Amends GS 105-228.5(d)(3) to delete language allocating up to 20% of the net proceeds credited to the Department of Insurance (Department) to be used to fund the provisions of the Firefighters' Cancer Insurance Program, with the balance of the 20% as determined in accordance with the provisions of GS 58-87-10(f) (calculations for the amount to meet the needs of the Workers’ Compensation Fund [WRC]) credited to the WRC. Instead, now credits up to 20% to the WRC, but caps that fund reserve at $45 million, and requires that the balance of the 20% be credited to the Department to be used to fund the Firefighters’ Cancer Insurance Program.
Deletes proposed amendments to GS 58-87-10 in its entirety and instead enacts new Article 86A to GS Chapter 58, titled the “Firefighters’ Cancer Insurance Program (Program).” Specifies that the Article’s purpose is to provide health benefits as authorized by the Article to eligible firefighters with a new diagnosis of cancer on or after January 1, 2022, and that the health benefits provided under the Article be supplemental to any other health benefits authorized by law for firefighters. Defines terms cancer, eligible firefighter, fire department, and firefighter. Sets forth the following eligibility requirements for the Program: (1) service in a NC fire department for a minimum of 5 years and (2) a new diagnosis of cancer on or after January 1, 2022, except if they are receiving benefits related to cancer under the NC Worker’s Compensation Act. Provides for the following benefits under the Program; (1) medical costs reimbursement of up to $12,000 for any out-of-pocket medical expenses incurred, including deductibles, copayments, or coinsurance costs, for each diagnosis of cancer; (2) a lump sum benefit of $25,000 for each diagnosis of cancer, capped at $50,000, upon submission of proof of diagnosis to the insurance carrier, the Department, or other applicable payor; (3) payment of specified amounts of disability benefits upon submission of proof to the insurance carrier, the Department, or other applicable payor of total disability resulting from the diagnosis of cancer or that the cancer precludes the firefighter from serving as a firefighter.
Sets forth the following limitation on disability benefits: (1) disability benefits can continue for no more than 36 consecutive months; (2) any firefighter receiving disability benefits may be required to have his or her condition reevaluated to determine if that firefighter has regained the ability to perform the duties of a firefighter. If that reevaluation indicates that the firefighter has regained the ability to perform the duties of a firefighter, then the monthly disability benefits will cease on the last day of the month the reevaluation was conducted; (3) if there is no reevaluation performed, but the firefighter's treating physician determines that the firefighter is again able to perform the duties of a firefighter, then the disability benefits will cease on the last day of the month that the physician made the determination; (4) if a firefighter returns to work as a firefighter before exhaustion of the 36 months of disability benefit an eligible firefighter may receive, and if there is a subsequent recurrence of disability caused by cancer that again precludes the firefighter from performing the duties of a firefighter, then the firefighter will be entitled to any remaining monthly disability benefits, not to exceed 36 months in total; (5) the monthly disability benefit will be subordinate to any other benefit paid from any source to the firefighter solely for a disability related to the cancer diagnosis, so long as that source is not private insurance purchased solely by the firefighter. Disability benefits under this section will be limited to the difference between the benefit amount paid by the other source and the amounts specified under the Article. Sets forth reporting requirements by the Department to the General Assembly and the Governor due on January 1 of each year.
Makes the act effective July 1, 2023.
Makes conforming changes to act’s long title.
-
Bill S 326 (2023-2024)Summary date: Mar 16 2023 - View summary
Amends GS 105-228.5(d)(3) to change the distribution of certain amounts of net proceeds from the additional .74% tax on gross premiums from property coverage contracts as follows. In addition to other allocations, now allocates up to 20% of the net proceeds credited to the Department of Insurance (Department) to be used to fund the provisions of the Firefighter Cancer Insurance Program, with the balance of the 20% as determined in accordance with the provisions of GS 58-87-10(f) (calculations for the amount to meet the needs of the Workers’ Compensation Fund [WRC]) credited to the WRC.
Amends GS 58-87-10(e) (revenue sources for the WRC) to require that when the retained earnings within the WRC reach $45 million, the excess amount at year’s end will be credited to the General Fund. Makes conforming changes to account for the amendments to GS 105-228.5(d)(3). Effective July 1, 2023.