North Carolina § 74C-4 - Private Protective Services Board established; members; terms; vacancies; compensation; meetings.

§ 74C-4. Private Protective Services Board established; members; terms; vacancies; compensation; meetings.

The Private Protective Services Board is hereby established in the Department of Public Safety to administer the licensing and set educational and training requirements for persons, firms, associations, and corporations engaged in a private protective services profession within this State. The Board shall consist of 14 members: the Secretary of Public Safety or the Secretary's designated representative, seven persons appointed by the Governor, three persons appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and three persons appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. All appointments by the General Assembly shall be subject to the provisions of G.S. 120-121, and vacancies in the positions filled by those appointments shall be filled pursuant to G.S. 120-122. One of those persons appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, three of the members appointed by the Governor, and all three persons appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall be licensees under this Chapter; all other appointees may not be licensees of the Board nor licensed by the Board while serving as Board members. All persons appointed shall serve terms of three years. With the exception of the Secretary of Public Safety or the Secretary's designated representative, no person shall serve more than eight consecutive years on the Board. Board members may continue to serve until their successors have been appointed. The initial terms of three of the members appointed by the Governor shall expire July 1, 2020. The initial terms of one member appointed by each authority making an appointment pursuant to this subsection shall expire July 1, 2021. All other initial terms of members appointed pursuant to this subsection shall expire July 1, 2022. Vacancies on the Board occurring for any reason shall be filled by the authority making the original appointment of the person causing the vacancy. Each member of the Board, before assuming the duties of his office, shall take an oath for the faithful performance of his duties. A Board member may be removed at the pleasure of the authority making the original appointment or by the Board for misconduct, incompetence, or neglect of duty. Members of the Board who are State officers or employees shall receive no per diem compensation for serving on the Board, but shall be reimbursed for their expenses in accordance with G.S. 138-6. Members of the Board who are full-time salaried public officers or employees other than State officers or employees shall receive no per diem compensation for serving on the Board, but shall be reimbursed for their expenses in accordance with G.S. 138-6 in the same manner as State officers or employees. All other Board members shall receive per diem compensation and reimbursement in accordance with G.S. 93B-5. The Board shall elect a Chair, vice-chair, and other officers and committee Chairs from among its members as the Board deems necessary and desirable at the first meeting after July 1 of each year. The Chair and vice-chair shall be selected by the members of the Board for a term of one year and shall be eligible for reelection. The Board shall meet at the call of the Chair or a majority of the members of the Board at such time, date, and location as may be decided upon by a majority of the Board. All decisions heretofore made by the Private Protective Services Board, established pursuant to Chapter 74B, shall remain in full force and effect unless and until repealed or suspended by action of the Private Protective Services Board established herein. The Board shall pay the appropriate State agency for the use of physical facilities and services provided to it by the State. History (1973, c. 528, s. 1; 1975, c. 592, ss. 8, 9; 1977, c. 535; 1979, c. 818, s. 2; 1981, c. 148, s. 1; c. 807, s. 7; 1983, c. 794, s. 7; 1985, c. 597, s. 12; 1989, c. 759, s. 4; 1995, c. 490, s. 39; 2000-181, s. 2.3; 2011-145, s. 16.3(a); 2014-100, s. 17.5(c); 2019-32, s. 4.) Editor's Note. - Session Laws 1989, c. 500, s. 59 provides that the Private Protective Services and Alarm Systems Licensing Boards are responsible for adjusting fees as necessary within the statutory limits to ensure that both boards are operated on a self-supporting fee-funded basis. Chapter 74B , referred to in this section, was repealed by Session Laws 1979, c. 818, s. 1. See now this chapter. Session Laws 1995, c. 490, which amended this section, in s. 65 provides: "This act applies with respect to terms beginning on or after January 1, 1997, and to vacancies occurring on or after that date regardless of the date the term began." Session Laws 2014-100, s. 17.5(a), provides: "The Private Protective Services Board and the Alarm Systems Licensing Board are hereby transferred to the Department of Public Safety. These transfers shall have all of the elements of a Type II transfer, as described in G.S. 143A-6 ." Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2019-32, s. 7, provides: "This act becomes effective July 1, 2019. All rules, regulations, and decisions made by the predecessor boards and authorities reconstituted in this act shall remain in full force and effect until and unless duly modified by the successor entities." Effect of Amendments. - Session Laws 2011-145, s. 16.3(a), effective July 1, 2011, added subsection (h). Session Laws 2014-100, s. 17.5(c), effective July 1, 2014, substituted "Department of Public Safety" for "Department of Justice" in subsection (a); and rewrote the first and next-to-last sentences in subsection (b). Session Laws 2019-32, s. 4, in subsection (b), substituted "three" for "five" throughout, substituted "seven persons" for "three persons" in the first sentence, substituted "of the Senate, three of the members appointed by the Governor" for "of the Senate" in the third sentence, and added the last three sentences; in subsection (f), substituted "Chair" or variants, for "chairman" throughout, substituted "Chair, vice-chair" for "chairman, vice-chair", and substituted "vice-chair" for "vice-chairman". For effective date and applicability, see editor's note. Opinions of Attorney General Temporary employment agency providing armed guards to its clients on a contractual basis falls within the definition of a contract security company and must be licensed by the Board as a statutory prerequisite to engaging in the private protective services business as defined in G.S. 74C-3. See opinion of Attorney General to Mr. James F. Kirk, Administrator, N.C. Private Protection Services Board, 57 N.C.A.G. 55 (Oct. 16, 1987). Temporary employment agency under contract to North Carolina Ports Authority to provide armed guards who are certified law-enforcement officers under Chapter 17C must be licensed under this Chapter, even though the Chief of Security for the Ports Authority interviews and selects the officers hired by the agency to provide armed security for the Ports Authority, where the agency places the guards on its payroll, withholds taxes and social security and provides other fringe benefits. See opinion of Attorney General to Mr. James F. Kirk, Administrator, N.C. Private Protection Services Board, 57 N.C.A.G. 55 (Oct. 16, 1987).