North Carolina § 143B-1401 - 911 Board.

§ 143B-1401. 911 Board.

Membership. - The 911 Board is established in the Department of Information Technology. Neither a local government unit that receives a distribution from the fund under G.S. 143B-1406 nor a telecommunication service provider may have more than one representative on the 911 Board. The 911 Board consists of 17 members as follows: Four members appointed by the Governor as follows: An individual who represents a municipality where a primary PSAP is located, appointed upon the recommendation of the North Carolina League of Municipalities. An individual who represents a county where a primary PSAP is located, appointed upon the recommendation of the North Carolina Association of County Commissioners. An individual who represents a VoIP provider. An individual who represents the North Carolina chapter of the National Emergency Number Association (NENA). Six members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives as follows: An individual who is a sheriff, appointed upon the recommendation of the North Carolina Sheriffs' Association, Inc. An individual who represents CMRS providers operating in North Carolina. An individual who represents the North Carolina chapter of the Association of Public Safety Communications Officials (APCO). Two individuals who represent local exchange carriers operating in North Carolina, one of whom represents a local exchange carrier with less than 50,000 access lines. A fire chief with experience operating or supervising a PSAP or a director/manager of a fire-based PSAP, appointed upon the recommendation of the North Carolina State Firefighters' Association. Six members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate as follows: An individual who is a chief of police, appointed upon the recommendation of the North Carolina Association of Chiefs of Police. Two individuals who represent CMRS providers operating in North Carolina. A Rescue or Emergency Medical Services Chief with experience operating or supervising a PSAP, appointed upon the recommendation of the North Carolina Association of Rescue and Emergency Medical Services. Two individuals who represent local exchange carriers operating in North Carolina, one of whom represents a local exchange carrier with less than 200,000 access lines. The State Chief Information Officer or the State Chief Information Officer's designee, who serves as the chair. Term. - A member's term is four years. No member may serve more than two terms. Members remain in office until their successors are appointed and qualified. Vacancies are filled in the same manner as the original appointment. The Governor may remove any member for misfeasance, malfeasance, or nonfeasance in accordance with G.S. 143B-13(d). Meetings. - Members of the 911 Board serve without compensation. Members receive per diem, subsistence, and travel allowances at the rate established in G.S. 138-5. A quorum of the 911 Board is nine members. The 911 Board meets upon the call of the chair. Public Servants. - The members of the 911 Board are public servants under G.S. 138A-3 and are subject to the provisions of Chapter 138A of the General Statutes. History (2007-383, s. 1(a); 2010-158, s. 2(a); 2013-286, s. 2; 2015-241, ss. 7A.3(2), 7A.4(f); 2015-264, s. 46; 2016-51, s. 6; 2017-6, s. 3; 2018-146, ss. 3.1(a), (b), 6.1.) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, in subsection (d), the Revisor substituted "G.S. 163A-152" for "G.S. 138A-3" and substituted "Articles 5, 6, 7, and 9 of Chapter 163A " for "Chapter 138A." Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to the references in subsection (d). Editor's Note. - Former G.S. 62A-41 was recodified by Session Laws 2015-241, s. 7A.3(2) as G.S. 143B-1361. It was subsequently renumbered as G.S. 143B-1401 at the direction of the Revisor of Statutes. Session Laws 2007-383, s. 3(c), provides: "The members of the Wireless 911 Board created under Article 2 of Chapter 62A of th General Statutes, other than a member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to represent CMRS providers, serve as 11 of the initial members of the 911 Board created under Article 3 of Chapter 62A of the General Statutes, as enacted by Section 1 of this act, without reappointment by the Governor or the General Assembly. The State Chief Information Officer must designate which of the initial members who transfer to the 911 Board from the Wireless 911 Board serve four-year terms and which serve six-year terms so that the terms of half the members of the 911 Board, other than the State Chief Information Officer, will expire every two years. "The following membership positions for the 911 Board have no counterparts on the Wireless 911 Board and must be appointed in accordance with Article 3 of Chapter 62A of the General Statutes: "(1) Of the appointments by the Governor, an individual representing a VoIP provider and an individual representing the North Carolina chapter of the National Emergency Number Association (NENA). "(2) Of the appointments by the General Assembly upon the recommendation of the Speaker of the House of Representatives, two individuals who represent local exchange carriers operating in North Carolina, one of whom represents a local exchange carrier with less than 50,000 access lines. "(3) Of the appointments by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, an individual who represents a local exchange carrier with less than 200,000 access lines." Session Laws 2010-158, s. 2(b), provides: "Other than the positions removed by this act or individuals prohibited from serving on the Board due to duplicate representation prohibited by this act, the existing members of the 911 Board shall continue to serve until the expiration of their original terms. An existing member may not be reappointed to the Board if he or she has served two terms on the 911 Board." Session Laws 2013-286, s. 3, makes the amendments to sub-subdivisions (a)(2)a and (a)(3)a by Session Laws 2013-286, s. 2, effective July 18, 2013, and applicable to offenses committed on or after that date. Session Laws 2016-51, s. 6, provides: "Chapter 251 of the Private Laws of 1889 is hereby amended by replacing the words 'North Carolina State Firemen's Association' with the words 'North Carolina State Firefighters' Association.' "The entity formerly known as the North Carolina State Firemen's Association, and now known as the North Carolina State Firefighters' Association, is hereby authorized to amend its corporate documents to conform them to the association's new name by an appropriate filing with the Secretary of State. "The Revisor of Statutes is hereby authorized to replace any occurrences in the General Statutes of the words 'North Carolina State Firemen's Association,' 'North Carolina Firemen's Association,' 'State Firemen's Association,' or any reasonable derivative thereof, with the words 'North Carolina State Firefighters' Association,' including the following sections of the General Statutes: G.S. 58-2-121, 58-78-1, 58-80-5, 58-80-25, 58-80-60, 58-84-5, 58-84-25, 58-84-33, 58-84-35, 58-84-40, 58-84-41, 58-84-46, 58-84-50, 58-84-52, 58-85-1, 58-85-10, 58-85-20, 58-85-25, 58-85-30, 58-85-35, 58-86-25, 58-87-10, 135-27, 143-136, 143B-1401, 166A-26, and 166A-69." Effect of Amendments. - Session Laws 2010-158, s. 2(a), effective July 1, 2010, in the introductory paragraph in subsection (a) and in subsection (b), added the second sentence; in subdivision (a)(1)a, substituted "a municipality where a primary PSAP is located" for "municipalities"; in subdivision (a)(1)b, substituted "a county where a primary PSAP is located" for "counties"; in subdivision (a)(2)b, substituted "An individual who represents" for "Two individuals who represent"; added subdivision (a)(2)e; and rewrote subdivision (a)(3)c, which formerly read: "An individual who represents the North Carolina chapter of the National Emergency Number Association (NENA)." Session Laws 2013-286, s. 2, effective July 18, 2013, added "appointed upon the recommendation of the North Carolina Sheriffs' Association, Inc." in sub-subdivision (a)(2)a.; and added "appointed upon the recommendation of the North Carolina Association of Chiefs of Police" in sub-subdivision (a)(3)a. For applicability, see editor's note. Session Laws 2015-241, 7A.4(f), effective September 18, 2015, substituted "Department of Information Technology" for "Office of Information Technology Services" in subsection (a). Session Laws 2015-264, s. 46, effective October 1, 2015, inserted "PSAP or a director/manager of a fire-based" in subdivision (a)(2)e. Session Laws 2016-51, s. 6, effective July 1, 2016, substituted "North Carolina State Firefighters' Association" for "North Carolina Firemen's Association" in subdivision (a)(2)e.