GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1388

Short Title:  Forestry Seasonal Personnel.	(Public)
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Sponsors: Representatives James and Culp.
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Referred to:  Pensions and Retirement.
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May 13, 1993

A BILL TO BE ENTITLED
AN ACT TO MOVE SEASONAL FIRE CONTROL PERSONNEL AND OTHER RECURRING DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES SEASONAL PERSONNEL FROM THE 1984 SALARY SCHEDULE TO THE CURRENT ONE, TO ALLOW SUCH EMPLOYEES WHO WORK SIX OR MORE MONTHS PER YEAR TO QUALIFY FOR RETIREMENT AND HOLIDAY BENEFITS, AND TO APPROPRIATE FUNDS.
The General Assembly of North Carolina enacts:
Section 1.  Recurring seasonal personnel in the Division of Forest Resources of the Department of Environment, Health, and Natural Resources utilized for firefighting or other duties who are being paid on the 1984 salary schedule shall, effective July 1, 1993, be paid on the 1992-93 salary schedule.
Sec. 2.  G.S. 113-56 reads as rewritten:
"§ 113-56. Compensation of forest rangers and other seasonal personnel.
(a)	Forest rangers shall receive compensation from the Department at a reasonable rate to be fixed by said Department for the time actually engaged in the performance of their duties; and reasonable expenses for equipment, transportation, or food supplies incurred in the performance of their duties, according to an itemized statement to be rendered the Secretary every month, and approved by him.  Forest rangers shall render to the Secretary a statement of the services rendered by the men employed by them or their deputy rangers, as provided in this Article, within one month of the date of service, which bill shall show in detail the amount and character of the service performed, the exact duration thereof, the name of each person employed, and any other information required by the Secretary.  If said bill be duly approved by the Secretary, it shall be paid by direction of the Department out of any funds provided for that purpose.
(b)	Recurring seasonal positions in the Division of Forest Resources of the Department utilized for firefighting or other duties shall receive cost-of-living wage increases equivalent to those provided to permanent employees of the Department, and payment for State holidays which occur during their period of employment."
Sec. 3.  G.S. 135-1(10) reads as rewritten:
"(10)	'Employee' shall mean all full-time employees, agents or officers of the State of North Carolina or any of its departments, bureaus and institutions other than educational, whether such employees are elected, appointed or employed: Provided that the term 'employee' shall not include any person who is a member of the Uniform Judicial Retirement System, any member of the General Assembly or any part-time or temporary employee. Notwithstanding any other provision of law, 'employee' shall include all employees of the General Assembly except participants in the Legislative Intern Program and pages. In all cases of doubt, the Board of Trustees shall determine whether any person is an employee as defined in this Chapter. 'Employee' shall also mean every full-time civilian employee of the army national guard and air national guard of this State who is employed pursuant to section 709 of Title 32 of the United States Code and paid from federal appropriated funds, but held by the federal authorities not to be a federal employee: Provided, however, that the authority or agency paying the salaries of such employees shall deduct or cause to be deducted from each employee's salary the employee's contribution in accordance with applicable provisions of G.S. 135-8 and remit the same, either directly or indirectly, to the Retirement System; coverage of employees described in this sentence shall commence upon the first day of the calendar year or fiscal year, whichever is earlier, next following the date of execution of an agreement between the Secretary of Defense of the United States and the Adjutant General of the State acting for the Governor in behalf of the State, but no credit shall be allowed pursuant to this sentence for any service previously rendered in the above-described capacity as a civilian employee of the national guard: Provided, further, that the Adjutant General, in his discretion, may terminate the Retirement System coverage of the above-described national guard employees if a federal retirement system is established for such employees and the Adjutant General elects to secure coverage of such employees under such federal retirement system. Any full-time civilian employee of the national guard described above who is now or hereafter may become a member of the Retirement System may secure Retirement System credit for such service as a national guard civilian employee for the period preceding the time when such employees became eligible for Retirement System coverage by paying to the Retirement System an amount equal to that which would have constituted employee contributions if he had been a member during the years of ineligibility, plus interest. Employees of State agencies, departments, institutions, boards, and commissions who are employed in permanent job positions on a recurring basis and who work 30 or more hours per week for nine or more months per calendar year are covered by the provisions of this subdivision.  'Employee' also means seasonal/recurring employees of the Division of Forest Resources of the Department of Environment, Health, and Natural Resources who are employed for six or more months in a calendar year."
Sec. 4. (a) There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources for fiscal year 1993-94 the sum of four hundred eleven thousand seven hundred fifty-nine dollars ($411,759) and for fiscal year 1994-95 the sum of four hundred eleven thousand seven hundred fifty-nine dollars ($411,759) to bring seasonal/recurring positions in the Division of Forest Resources (with six or more months per year of employment) up to the 1992-93 pay scale.
(b) There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources for fiscal year 1993-94 the sum of one hundred fifty-seven thousand sixty-seven dollars ($157,067) and for fiscal year 1994-95 the sum of one hundred fifty-seven thousand sixty-seven dollars ($157,067) to provide seasonal/recurring positions in the Division of Forest Resources (with six or more months per year of employment) retirement and holiday benefits.
(c) There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources for fiscal year 1993-94 the sum of ninety-eight thousand six hundred forty-nine dollars ($98,649) and for fiscal year 1994-95 the sum of ninety-eight thousand six hundred forty-nine dollars ($98,649) to bring temporary employees in the Division of Forest Resources (with less than six months per year of employment) up to the 1992-93 pay scale.
Sec. 5.  Section 3 of this act only applies to creditable service on or after July 1, 1993.
Sec. 6.  This act becomes effective July 1, 1993.