GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	3 

SENATE BILL 275
Second Edition Engrossed 3/28/89
House Committee Substitute Favorable 5/29/89

Short Title:  Structural Pest Committee Changes.	(Public)
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Sponsors:
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Referred to:
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February 23, 1989

A BILL TO BE ENTITLED
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 the following members. 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.
Four members of the Committee shall constitute a quorum but no action at any meeting of the Committee shall be taken without 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 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 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.