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82 <br /> "employee" by operation of this paragraph. This paragraph shall not apply to <br /> any volunteer firefighter, volunteer member of an organized rescue squad, an <br /> authorized pickup firefighter when that individual is engaged in emergency <br /> fire suppression activities for the North Carolina Forest Service, a duly <br /> appointed and sworn member of an auxiliary police department organized <br /> pursuant to G.S. 160A-282, or a senior member of the State Civil Air Patrol <br /> functioning under Subpart C of Part 5 of Article 13 of Chapter 143B of the <br /> General Statutes, even if such person is elected or appointed and empowered <br /> as an executive officer, director, or committee member under the charter, <br /> articles, or bylaws of a nonprofit corporation as described herein. <br /> Any sole proprietor or partner of a business or any member of a limited <br /> liability company may elect to be included as an employee under the <br /> workers' compensation coverage of such business if he is actively engaged in <br /> the operation of the business and if the insurer is notified of his election to <br /> be so included. Any such sole proprietor or partner or member of a limited <br /> liability company shall, upon such election, be entitled to employee benefits <br /> and be subject to employee responsibilities prescribed in this Article. <br /> tepee" "Employee" shall include an authorized pickup firefighter of <br /> the North Carolina Forest Service of the Department of Agriculture and <br /> Consumer Services when that individual is engaged in emergency fire <br /> suppression activities for the North Carolina Forest Service. As used in this <br /> section, "authorized pickup firefighter" means an individual who has <br /> completed required fire suppression training as a wildland firefighter and <br /> who is available as needed by the North Carolina Forest Service for <br /> emergency fire suppression activities, including immediate dispatch to <br /> wildfires and standby for initial attack on fires during periods of high fire <br /> danger. <br /> It shall be a rebuttable presumption that the term "employee" shall not <br /> include any person performing services in the sale of newspapers or <br /> magazines to ultimate consumers under an arrangement whereby the <br /> newspapers or magazines are to be sold by that person at a fixed price and <br /> the person's compensation is based on the retention of the excess of the fixed <br /> price over the amount at which the newspapers or magazines are charged to <br /> the person." <br /> PART III. STATE AND LOCAL GOVERNMENT REGULATION <br /> REDUCE STATE AGENCY MOBILE DEVICE REPORTING FREQUENCY <br /> SECTION 3.1. Subsection 6A.14(a) of S.L. 2011-145 reads as rewritten: <br /> "SECTION 6A14.(a) Every executive branch agency within State government shall <br /> develop a policy to limit the issuance and use of mobile electronic devices to the minimum <br /> required to carry out the agency's mission. By September 1, 2011, each agency shall provide a <br /> copy of its policy to the Chairs of the Appropriations Committee and the Appropriations <br /> Subcommittee on General Government of the House of Representatives, the Chairs of the <br /> Appropriations/Base Budget Committee and the Appropriations Committee on General <br /> Government and Information Technology of the Senate, the Chairs of the Joint Legislative <br /> Oversight Committee on Information Technology, the Fiscal Research Division, and the Office <br /> of State Budget and Management. <br /> State-issued mobile electronic devices shall be used only for State business. Agencies shall <br /> limit the issuance of cell phones, smart phones, and any other mobile electronic devices to <br /> employees for whom access to a mobile electronic device is a critical requirement for job <br /> performance. The device issued and the plan selected shall be the minimum required to support <br /> the employees' work requirements. This shall include considering the use of pagers in lieu of a <br /> more sophisticated device. The requirement for each mobile electronic device issued shall be <br /> documented in a written justification that shall be maintained by the agency and reviewed <br /> annually. All State agency heads, in consultation with the Office of Information Technology <br /> Services and the Office of State Budget and Management, shall document and review all <br /> authorized cell phone, smart phone, and other mobile electronic communications device <br /> procurement, and related phone, data, Internet, and other usage plans for and by their <br /> Page 8 Session Law 2015-286 House Bill 765-Ratified <br />