§ 143-717. Commission.
§ 143‑717. Commission.
(a) Creation. TheTobacco Trust Fund Commission is created. The Commission shall beadministratively located within the Department of Agriculture and ConsumerServices but shall exercise its powers independently of the Commissioner ofAgriculture and the Department. All administrative expenses of the Commissionshall be paid from the Fund.
(b) Membership. TheCommission shall consist of 18 members. The Commission shall be appointed asfollows: six members by the Governor, six members by the President Pro Temporeof the Senate, and six members by the Speaker of the House of Representatives.The members shall be appointed as follows:
(1) The Governor shallmake the following appointments:
a. A flue‑curedtobacco farmer.
b. A flue‑curedtobacco farmer.
c. A person in ordisplaced from tobacco‑related employment.
d. An at‑largeappointee.
e. An at‑largeappointee.
f. An at‑largeappointee.
(2) The President ProTempore of the Senate shall make the following appointments:
a. A flue‑curedtobacco farmer.
b. A flue‑curedtobacco farmer.
c. A burley tobaccofarmer.
d. An at‑largeappointee.
e. An at‑largeappointee.
f. An at‑largeappointee.
(3) The Speaker of theHouse of Representatives shall make the following appointments:
a. A flue‑curedtobacco farmer.
b. A former flue‑curedallotment holder who is not also a flue‑cured tobacco farmer.
c. A burley tobaccofarmer.
d. An at‑largeappointee.
e. An at‑largeappointee.
f. An at‑largeappointee.
It is the intent of theGeneral Assembly that the appointing authorities, in appointing members, shallappoint members who represent the geographic, political, gender, and racialdiversity of the State. It is the intent of the General Assembly that at leastone‑half of the members of the Commission be tobacco farmers.
Except as provided for theinitial members under subsection (c) of this section, members shall serve four‑yearterms beginning July 1. No member may serve more than two full consecutiveterms. Members may continue to serve beyond their terms until their successorsare duly appointed, but any holdover shall not affect the expiration date ofthe succeeding term. Vacancies shall be filled by the designated appointingauthority for the remainder of the unexpired term. A member may be removed fromoffice for cause by the authority that appointed that member.
(c) Initial Membership;Staggering. To provide for a staggered membership, the members initiallyappointed to the Commission shall be appointed to staggered terms. Of theinitial appointments to the Commission, the members initially appointedpursuant to sub‑subdivisions (b)(1)a., (1)b., (2)d., and (3)d. of thissection shall serve one‑year terms ending on June 30, 2001. The membersinitially appointed pursuant to sub‑subdivisions (b)(2)c., (2)e., (3)a.,and (3)e. shall serve two‑year terms ending on June 30, 2002. The membersinitially appointed pursuant to sub‑subdivisions (b)(1)c., (1)d., (1)e.,(2)b., and (3)c. of this section shall serve three‑year terms ending June30, 2003. The remaining members initially appointed pursuant to subsection (b)of this section shall serve four‑year terms ending June 30, 2004.
(d) Officers. TheCommission shall elect from its membership a chair, vice‑chair, and otherofficers as necessary for two‑year terms beginning July 1 at the firstmeeting of the Commission held on or after July 1 of every even‑numberedyear. The vice‑chair may act for the chair in the absence of the chair asauthorized by the Commission.
(e) Frequency ofMeetings. The Commission shall meet at least quarterly each year and may holdspecial meetings at the call of the chair or a majority of members. TheGovernor shall call the initial meeting of the Commission.
(f) Quorum; Majority. Ten members shall constitute a quorum of the Commission. The Commission mayact upon a majority vote of the members of the Commission on matters involvingthe disbursement of funds and personnel matters properly before the Commission.On all other matters, the Commission may act by majority vote of the members ofthe Commission at a meeting at which a quorum is present.
(g) Per Diem andExpenses. The members of the Commission shall receive per diem and necessarytravel and subsistence expenses in accordance with the provisions of G.S. 138‑5.Per diem, subsistence, and travel expenses of the members shall be paid fromthe Fund.
(h) Conflict ofInterest. Members of the Commission shall comply with the provisions of G.S.14‑234 prohibiting conflicts of interest, except that G.S. 14‑234(a)shall not apply to an application for or the receipt of a grant or otherfinancial assistance award by a member of the Commission from the Fund createdunder this Article, or an entity in which a member of the Commission has aninterest, if both of the following conditions are met:
(1) A member does notvote on, participate in the deliberation of, or otherwise attempt through hisor her official capacity to influence the vote on, a grant or other financialassistance award by the Commission to the member.
(2) The Commissioner ofAgriculture determines that any award to a member is in accordance with generalcriteria adopted by the Commission for the distribution of funds from the Fund.
(i) Limit on Operatingand Administrative Expenses. No more than two and one‑half percent (2½%) of the annual receipts of the Fund for the fiscal year beginning July 1 ora total sum of one million dollars ($1,000,000), whichever is less, may be usedeach fiscal year for administrative and operating expenses of the Commissionand its staff. All administrative expenses of the Commission shall be paid fromthe Fund. (2000‑147,s. 3; 2006‑264, s. 68.)