23-42 Tobacco Prevention and Control Program
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<![CDATA[CHAPTER 23-42TOBACCO PREVENTION AND CONTROL PROGRAM23-42-01. Definitions. As used in this chapter:1."Advisory committee" is the nine-member tobacco prevention and control advisory<br>committee responsible to develop the comprehensive plan.2."Comprehensive plan" means a comprehensive statewide tobacco prevention and<br>control program that is consistent with the centers for disease control best practices<br>for comprehensive tobacco prevention and control programs and does not duplicate<br>the work of the community health grant program created in chapter 23-38.3."Executive committee" means the three-member committee selected by the<br>advisory committee and charged with implementation and administration of the<br>comprehensive plan.4."Tobacco prevention and control fund" consists of all principal and interest of the<br>tobacco prevention and control trust fund established by section 54-27-25.23-42-02.Tobacco prevention and control advisory committee - Membership -Terms - Duties - Removal.1.The advisory board consists of nine North Dakota residents appointed by the<br>governor for three-year terms as follows:a.A practicing respiratory therapist familiar with tobacco-related diseases;b.Four nonstate employees who have demonstrated expertise in tobacco<br>prevention and control;c.A practicing medical doctor familiar with tobacco-related diseases;d.A practicing nurse familiar with tobacco-related diseases;e.A youth between the ages of fourteen and twenty-one; andf.A member of the public with a previously demonstrated interest in fostering<br>tobacco prevention and control.2.The governor shall select the youth and public member independently; the<br>respiratory therapist from a list of three nominations provided by the North Dakota<br>society for respiratory care; the four tobacco control experts from a list of two<br>nominations per member provided by the North Dakota public health association's<br>tobacco control section; the medical doctor from a list of three nominations provided<br>by the North Dakota medical association; and the nurse from a list of three<br>nominations provided by the North Dakota nurses association. The governor must<br>make the appointments within three weeks of receiving the respective list of<br>nominees. If the governor fails to make an appointment within three weeks, the<br>association that provided the list of nominees shall select the committee member. In<br>the initial appointments for the advisory committee, the governor shall stagger the<br>terms of the members so that the terms of three members expire each fiscal year<br>and that three members are appointed each year by June thirtieth. Accordingly, the<br>governor's initial appointments, in some instances, must be for terms less than three<br>years. The governor shall fill vacancies for the unexpired term as provided in this<br>section.Page No. 13.No individual may serve more than two consecutive three-year terms. However,<br>terms of less than three years are not considered in determining an individual's<br>eligibility for reappointment.4.A quorum of the advisory committee is required to conduct business, but the<br>advisory committee may conduct a meeting with less than a quorum present. A<br>quorum is a majority of the members of the committee. Any action taken requires a<br>vote of the majority of the members present at the meeting.5.The advisory board shall:a.Select the executive committee;b.Fix the compensation of the advisory committee and the executive committee.<br>However, compensation may not exceed compensation allowed to the<br>legislature.Advisory and executive committee members are entitled toreimbursement for mileage and expenses as provided for state officers in<br>addition to any compensation provided;c.Develop the initial comprehensive statewide tobacco prevention and control<br>program that includes support for cessation interventions, community and youth<br>interventions, and health communication; andd.Evaluate the effectiveness of the plan and its implementation and, before April<br>first of each year, propose any necessary changes to the plan to the executive<br>committee.6.The governor may remove any member of the advisory committee for malfeasance<br>in office, but the advisory committee is not subject to section 54-07-01.2.7.No nomination to, or member of, the advisory committee shall have any past or<br>current affiliation with the tobacco industry or any industry, contractor, agent, or<br>organization that engages in the manufacturing, marketing, distributing, sale, or<br>promotion of tobacco or tobacco-related products.23-42-03. Executive committee. The executive committee of the advisory committeeconsists of three individuals selected by the advisory committee from its membership. The term<br>of each member is for three years. The initial terms of the members must be staggered so that<br>one member serves a three-year term, one member serves a two-year term, and one member<br>serves a one-year term. The determination of initial terms shall be by lot. No individual may<br>serve more than two consecutive three-year terms. However, terms of less than three years are<br>not considered in determining an individual's eligibility for reappointment.The advisorycommittee shall fill vacancies for the unexpired term. An individual selected to serve on the<br>executive committee is no longer eligible to serve if that individual is not a member of the<br>advisory committee.The executive committee is responsible for the implementation andadministration of the comprehensive plan, including the appropriateness of expenditures to<br>implement the comprehensive plan. The executive committee may seek the counsel and advice<br>of the advisory committee in implementing the plan, but the executive committee is the final<br>decisionmaker.23-42-04.Powers of the executive committee.To implement the purpose of thischapter and, in addition to any other authority granted elsewhere in this chapter, to support its<br>efforts and implement the comprehensive plan, the executive committee may employ staff and<br>fix their compensation, accept grants, property, and gifts, enter contracts, make loans, provide<br>grants, borrow money, lease property, provide direction to the state investment board for<br>investment of the tobacco prevention and control fund, and take any action that any private<br>individual, corporation, or limited liability company lawfully may do except as restricted by the<br>provisions of this chapter.Page No. 223-42-05. Development of the comprehensive plan. The advisory committee shalldevelop the initial comprehensive plan within one hundred eighty days of the initial meeting of the<br>advisory committee. The comprehensive plan must be funded at a level equal to or greater than<br>the centers for disease control recommended funding level. Funding for the comprehensive plan<br>must supplement and may not supplant any funding that in the absence of this chapter would be<br>or has been provided for the community health trust fund or other health initiatives.23-42-06.Conflict of interest.No member of the advisory committee or of theexecutive committee who has a direct and substantial personal or pecuniary interest in a matter<br>before them may vote or take any action on that matter.23-42-07. Audit. At least once a biennium, the executive committee shall provide for anindependent review of the comprehensive plan to assure that the comprehensive plan is<br>consistent with the centers for disease control best practices. The executive committee shall<br>report the results of that review to the governor and to the state health officer on or before<br>September first in each odd-numbered year.23-42-08. Biennial budget. The tobacco prevention and control executive committeeshall prepare and submit a biennial budget to the office of management and budget as required<br>by section 54-44.1-04.Page No. 3Document Outlinechapter 23-42 tobacco prevention and control program]]>