GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 238
AN ACT TO ADD A PUBLIC MEMBER AND A HEALTH REPRESENTATIVE TO THE STRUCTURAL PEST CONTROL COMMITTEE.
The General Assembly of North Carolina enacts:
Section 1. G.S. 106-65.23 reads as rewritten:
"§ 106-65.23. Structural Pest Control Division of Department of Agriculture recreated; Director; Structural Pest Control Committee created; appointment; terms; quorum.
There is hereby recreated, within the North Carolina Department of Agriculture, a Division thereof, to be known as the Structural Pest Control Division of said Department. The Commissioner of Agriculture is hereby authorized to appoint a Director of said Division whose duties and authority shall be determined by the Commissioner. Said Director shall act as secretary to the Structural Pest Control Committee herein created.
There is hereby created a Structural Pest Control Committee
to be composed of five the following members. The Commissioner
of Agriculture shall designate one member of the Board of Agriculture who shall
serve as an ex officio member of said Committee for such time as he is a member
of the Board of Agriculture. The Commissioner shall appoint
one member of the Committee who is not in the structural pest control business
for a four-year term. The Commissioner of Agriculture shall designate
an employee of the Department of Agriculture to serve on said Committee at the
pleasure of the Commissioner. The dean of the School of Agriculture of North
Carolina State University at Raleigh shall appoint one member of the Committee
who shall serve for one term of two years and who shall be a member of the
entomology faculty of said University. The vacancy occurring on the Committee
by the expired term of the member from the entomology faculty of said
University shall be filled by the dean of the School of Agriculture of North
Carolina State University at Raleigh who shall designate any person of his choice
from the entomology faculty of said University to serve on said Committee at
the pleasure of the dean. The Secretary of Human Resources shall
appoint one member of the Committee who shall be an epidemiologist in the
Division of Health Services and who shall serve at the pleasure of the
Secretary. The Governor shall appoint two members of said Committee
who are actively engaged in the pest control industry, who are licensed in at
least two phases of structural pest control as provided under G.S. 106-65.25(a),
and who are residents of the State of North Carolina but not affiliates of the
same company. The initial Committee members from the pest control
industry shall be appointed as follows: one for a two-year term and one for a
three-year term. The Governor shall appoint one member of the
Committee who is a public member and who is unaffiliated with the structural
pest control industry, the pesticide industry, the Department of Agriculture,
the Department of Human Resources and the School of Agriculture at North
Carolina State University at Raleigh. The initial public member shall be
appointed for a term of two years, commencing July 1, 1991. After the
initial appointments by the Governor, all ensuing appointments by the Governor
shall be for terms of four years. Any vacancy occurring on the Committee
by reason of death, resignation, or otherwise shall be filled by the Governor
or the Commissioner of Agriculture, as the case may be, for the unexpired term
of the member whose seat is vacant. A member of the Committee appointed by the
Governor shall not succeed himself.
The Committee shall make final decisions under this Article concerning licenses, certified applicator cards, and identification cards. The Committee shall report annually to the Board of Agriculture the action taken in the Committee's final decisions and the financial status of the Structural Pest Control Division.
The Director shall be responsible for and answerable to the Commissioner of Agriculture as to the operation and conduct of the Structural Pest Control Division.
Each member of the Committee who is not an employee of the State shall receive as compensation for services per diem and necessary travel expenses and registration fees in accordance with the provisions as outlined for members of occupational licensing boards and currently provided for in G.S. 93B-5. Such per diem and necessary travel expenses and registration fees shall apply to the same effect that G.S. 93B-5 might hereafter be amended.
Three Four members of the Committee shall
constitute a quorum but no action at any meeting of the Committee shall be
taken without three four votes in accord. The chairman
shall be entitled to vote at all times.
The Committee shall meet at such times and such places in
North Carolina as the chairman shall direct; provided, however, that three four
members of the Committee may call a special meeting of the Committee on
five days' notice to the other members thereof.
Except as otherwise provided herein, all All members
of the Committee shall be appointed or designated, as the case may be, prior to
and shall commence their respective terms on July 1, 1967.
At the first meeting of the Committee they shall elect a chairman who shall serve as such at the pleasure of the Committee."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 6th day of June, 1989.