NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 791

HOUSE BILL 1116

 

 

AN ACT TO MODIFY THE MEMBERSHIP OF THE STATE FIRE COMMISSION AND TO CLARIFY THE AUTHORITY OF THE COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1. G.S. 143B-481 is amended by rewriting the first two paragraphs to read:

"There is hereby created the State Fire Commission of the Department of Crime Control and Public Safety which shall be composed of twelve voting members as follows: The Executive Secretary and the Legislative Chairman of the North Carolina State Firemen's Association, the Executive Secretary of the North Carolina Association of Fire Chiefs, the Director of the North Carolina Fire College and Pump School, a County Fire Marshal to be elected by the County Fire Marshall Administrative Association, one member of the House of Representatives appointed by the Speaker of the House, one member of the Senate appointed by the President of the Senate, one mayor or other elected city official appointed by the Governor after consulting with the President of the League of Municipalities, one county commissioner appointed by the Governor after consulting with the President of the Association of County Commissioners, the Director of Fire and Rescue Training for the North Carolina Department of Insurance, the Director of Fire Training for the North Carolina Department of Community Colleges, and one member appointed by the Governor from the public at large, not employed by government and not directly involved in fire fighting.

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 State Auditor, the Attorney General, the Secretary of Crime Control and Public Safety, the Secretary of Natural Resources and Community Development, and the President of the Department of Community Colleges."

Sec. 2. G.S. 143B-481 is further amended by adding the following new paragraph between the third and fourth paragraphs of that section:

"Appointments made by the Speaker of the House and the President of the Senate shall be for two-year terms beginning on March 1 of odd-numbered years. The legislative members of the Commission shall not be disqualified from Commission membership because of failure to seek or attain reelection to the General Assembly, but resignation or removal from office as a member of the General Assembly shall constitute resignation or removal from the Commission. A vacancy in either of the legislative places on the Commission shall be filled by the appointing officer for the remainder of the unexpired term."

Sec. 3. G.S. 143B-482 is amended by designating the present section as subsection (a), by deleting the word "and" at the end of subdivision (14), by renumbering subdivision (15) as subdivision (18), and by adding the following new subdivisions between (14) and (18):

"(15)    To serve as a central office for the collection and dissemination of information relative to fire service activities and programs in State government. All State government agencies conducting fire service related programs and activities shall report the status of these programs and activities to the State Fire Commission on a quarterly basis and they shall also report to the State Fire Commission any new programs or changes to existing programs as they are implemented;

(16)      To establish voluntary minimum professional qualifications for all levels of fire service personnel;

(17)      To prepare an annual report to the Governor on its fire prevention and control activities and plans, and to recommend legislation concerning fire prevention and control; and".

Sec. 4. G.S. 143B-482 is further amended by adding the following new subsection:

"(b)      Each State agency involved in fire prevention and control shall furnish the executive director of the Fire Commission such information as may be required to carry out the intent of this section."

Sec. 5. G.S. 143B-483(b) is amended by deleting the words "National Fire Prevention and Control Administration of the United States Department of Commerce" from the second sentence of that subsection and substituting the words "United States Fire Administration, Federal Emergency Management Agency".

Sec. 6. The initial appointments by the Speaker of the House and the President of the Senate pursuant to Section 1 of this act may be made at any time after ratification, for terms to expire February 28, 1983. Thereafter their appointments shall be as stated in Section 2. The Governor's appointees to the Fire Commission shall continue to serve under the terms of their previous appointments until their successors are appointed and qualified pursuant to G.S. 143B-481 as rewritten by this act.

Sec. 7. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 2nd day of July, 1981.