§ 58-78-1. State Fire and Rescue Commission created; membership.

Article78.

State Fire and RescueCommission.

§ 58‑78‑1.  StateFire and Rescue Commission created; membership.

(a)        There is createdthe State Fire and Rescue Commission of the Department, which shall be composedof 15 voting members to be appointed as follows:

(1)        The Commissionershall appoint 12 members, two from nominations submitted by the North CarolinaState Firemen's Association, one from nominations submitted by the NorthCarolina Association of Fire Chiefs, one from nominations submitted by the ProfessionalFirefighters of North Carolina Association, one from nominations submitted bythe North Carolina Society of Fire Service Instructors, one from nominationssubmitted by the North Carolina Association of County Fire Marshals, one fromnominations submitted by the North Carolina Fire Marshal's Association, twofrom nominations submitted by the North Carolina Association of Rescue andEmergency Medical Services, Inc., one mayor or other elected city officialnominated by the President of the League of Municipalities, one countycommissioner nominated by the President of the Association of CountyCommissioners, and one from the public at large;

(2)        The Governor shallappoint one member from the public at large; and

(3)        The General Assemblyshall appoint two members from the public at large, one upon the recommendationof 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 Senatepursuant to G.S. 120‑121.

Public members may not beemployed in State government and may not be directly involved in fire fightingor rescue services.

(b)        Of the membersinitially appointed by the Commissioner, the nominees of the North CarolinaState Firemen's Association and the nominees of the North Carolina Associationof Fire Chiefs and the nominees of the Professional Firefighters of NorthCarolina Association and of the North Carolina Association of Rescue andEmergency Medical Services, Inc., shall serve three‑year terms; thenominees from the North Carolina Society of Fire Service Instructors, the NorthCarolina Association of County Fire Marshals, and the North Carolina FireMarshal's Association shall serve two‑year terms; and the mayor or otherelected city official, the county commissioner, and the member from the publicat large shall serve one‑year terms. The Governor's initial appointeeshall serve a three‑year term. The General Assembly's initial appointeesshall serve two‑year terms. Thereafter all terms shall be for threeyears.

(c)        Vacancies shall befilled by the original appointer in the same manner as the original appointmentwas made, except that vacancies in the appointments made by the GeneralAssembly shall be filled in accordance with G.S. 120‑122.

(d)        Appointed members shallserve until their successors are appointed and qualified.

(e)        The following Stateofficials, or their designees, shall serve by virtue of their offices asnonvoting members of the Commission: the Commissioner of Insurance, theCommissioner of Labor, the Attorney General, the Secretary of Crime Control andPublic Safety, the Secretary of Environment and Natural Resources, and thePresident of the Department of Community Colleges.

(f)         Members of theCommission shall receive per diem and necessary travel and subsistenceallowances in accordance with the provisions of G.S. 138‑5 or G.S. 138‑6,as appropriate. (1977, c. 1064, s. 1; 1981, c. 791, ss. 1, 2; 1981(Reg. Sess., 1982), c. 1191, ss. 21, 22; 1983, c. 840, ss. 1, 2; 1985, c. 757,s. 167(b), (d); 1989, c. 727, s. 218; c. 750, s. 1; 1991, c. 720, s. 47; 1993,c. 155, s. 1; 1995, c. 490, s. 20; 1997‑116, s. 1; 1997‑443, s.11A.123.)