AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE PREVENTION.
What changed between versions
The bill changed from a House Amendment modifying Senate Bill 325 to the final enrolled text of Senate Bill 325, with expanded sponsorship (Sen. Hoffner and multiple representatives) and a broader legislative purpose statement covering fire prevention generally rather than just background check amendments.
HA 1 had proposed exempting certain members from background checks (associate members without fund management or emergency response duties, inactive lifetime members, inactive honorary members). These exemptions do not appear in the final bill. Instead, the final bill requires all applicants and members with public interactions to obtain criminal history records.
HA 1 narrowed disqualifying crimes from 'felony' to 'violent felony.' The final bill retains 'a felony' as a blanket disqualifier in subsection (a)(1)(a), while also adding specific categories: theft, embezzlement, fraud, reckless burning, offenses against law enforcement and medical personnel, sex crimes, and controlled substance crimes.
A probation exception was added: an applicant or member on probation or probation before judgment for an offense NOT listed in subsection (a) is not prohibited from serving. This creates a carve-out that HA 1 did not address.
A new definitions section (6601A) was added defining key terms including 'Entity' (which expands coverage beyond volunteer fire departments to include ambulance companies, approved subsidiaries, the Smyrna American Legion Ambulance, Georgetown American Legion Ambulance, and Mid-Sussex Rescue Squad), 'Member' (any firefighter regardless of voluntary or compensated status), and 'Approved subsidiary.'
New Commission powers were added: receiving and reviewing criminal history records, receiving arrest notifications for applicants and members, notifying entities when an arrest relates to a listed offense, and promulgating implementing regulations. A new section 6647A establishes the fingerprinting and record-request process with SBI as intermediary and includes Rap Back System monitoring for subsequent offenses.
HA 1 required the Fire Commission to review extraordinary circumstances waivers in Executive Session and prohibit public disclosure. The final bill instead provides that the Commission may notify an Entity that a person is prohibited from serving but may NOT share details of the criminal history record with the Entity, and must personally serve or certified-mail the individual directly.
A new appeal process was added: an applicant or member denied membership or whose membership is revoked may appeal to the State Fire Prevention Commission within 15 days of written notification, conducted under the Administrative Procedures Act and subject to judicial review.
HA 1 added a 180-day delayed effective date. The final bill instead requires existing members to obtain criminal history records within 24 months of enactment, with no general delayed effective date specified.
The final bill explicitly prohibits charging any fee or cost for obtaining criminal history information from the State Bureau of Identification, applying to both applicants and existing members.
