GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
S.L. 1997-116
AN ACT TO AMEND THE MEMBERSHIP OF THE STATE FIRE AND RESCUE COMMISSION.
The General Assembly of North Carolina enacts:
Section 1. G.S. 58-78-1 reads as rewritten:
"§ 58-78-1. State Fire and Rescue Commission created; membership.
(a) There is created the
State Fire and Rescue Commission of the Department, which shall be composed of 14
15 voting members to be appointed as follows:
(1) The Commissioner shall
appoint eleven 12 members, two from nominations submitted by the
North Carolina State Firemen's Association, one from nominations submitted by
the North Carolina Association of Fire Chiefs, one from nominations
submitted by the Professional Firefighters of North Carolina Association, one
from nominations submitted by the North Carolina Society of Fire Service
Instructors, one from nominations submitted by the North Carolina Association
of County Fire Marshals, one from nominations submitted by the North Carolina
Fire Marshal's Association, two from nominations submitted by the North
Carolina Association of Rescue and Emergency Medical Services, Inc., one mayor
or other elected city official nominated by the President of the League of
Municipalities, one county commissioner nominated by the President of the
Association of County Commissioners, and one from the public at large;
(2) The Governor shall appoint one member from the public at large; and
(3) The General Assembly shall appoint two members from the public at large, one upon the recommendation of the Speaker of the House of Representatives pursuant to G.S. 120-121, and one upon the recommendation of the President Pro Tempore of the Senate pursuant to G.S. 120-121.
Public members may not be employed in State government and may not be directly involved in fire fighting or rescue services.
(b) Of the members initially appointed by the Commissioner, the nominees of the North Carolina State Firemen's Association and the nominees of the North Carolina Association of Fire Chiefs and the nominees of the Professional Firefighters of North Carolina Association and of the North Carolina Association of Rescue and Emergency Medical Services, Inc., shall serve three-year terms; the nominees from the North Carolina Society of Fire Service Instructors, the North Carolina Association of County Fire Marshals, and the North Carolina Fire Marshal's Association shall serve two-year terms; and the mayor or other elected city official, the county commissioner, and the member from the public at large shall serve one-year terms. The Governor's initial appointee shall serve a three-year term. The General Assembly's initial appointees shall serve two-year terms. Thereafter all terms shall be for three years.
(c) Vacancies shall be filled by the original appointer in the same manner as the original appointment was made, except that vacancies in the appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.
(d) Appointed members shall serve until their successors are appointed and qualified.
(e) The following State officials, or their designees, shall serve by virtue of their offices as nonvoting members of the Commission: the Commissioner of Insurance, the Commissioner of Labor, the Attorney General, the Secretary of Crime Control and Public Safety, the Secretary of Environment, Health, and Natural Resources, and the President of the Department of Community Colleges.
(f) Members of the Commission shall receive per diem and necessary travel and subsistence allowances in accordance with the provisions of G.S. 138-5 or G.S. 138-6, as appropriate."
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of May, 1997.
s/ Dennis A. Wicker
President of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 4:35 p.m. this 29th day of May, 1997