2005 North Carolina Code - General Statutes § 147-86.32. Health and Wellness Trust Fund; Commission established; membership qualifications; vacancies.

§ 147‑86.32.  Health and Wellness Trust Fund; Commission established; membership qualifications; vacancies.

(a)       Commission Established. – There is established the Health and Wellness Trust Fund Commission. As used in this Article, the term "Commission" means the Health and Wellness Trust Fund Commission. The Commission shall exercise its powers independently, but for administrative purposes, the Commission shall be located within the Office of the State Treasurer.

(b)       Membership. – The Commission shall consist of 18 members. The members shall not be employed by or be agents of tobacco product manufacturing companies. The Commission shall be appointed as follows: six members by the Governor, six members by the President Pro Tempore of the Senate, and six members by the Speaker of the House of Representatives. These members shall be appointed as follows:

(1)       The Governor shall make the following appointments:

a.         A person involved in public health.

b.         A person involved in the operation of health care delivery systems.

c.         A health care practitioner.

d.         An at‑large appointee.

e.         An at‑large appointee.

f.          An at‑large appointee.

(2)       The President Pro Tempore of the Senate shall make the following appointments:

a.         A person involved in health research.

b.         A person involved in tobacco‑related health care issues.

c.         A person involved in health promotion and disease prevention.

d.         An at‑large appointee.

e.         An at‑large appointee.

f.          An at‑large appointee.

(3)       The Speaker of the House of Representatives shall make the following appointments:

a.         A person involved in health policy trends.

b.         A person involved with health care for underserved populations.

c.         A person involved with child health care.

d.         An at‑large appointee.

e.         An at‑large appointee.

f.          An at‑large appointee.

It is the intent of the General Assembly that the appointing authorities, in appointing members, shall appoint members who represent the geographic, political, gender, and racial diversity of the State.

(c)       Initial Appointments; Term Limits; Officers. – To provide for a staggered membership, the members initially appointed pursuant to sub‑subdivisions (b)(1)a., (1)b., (2)d., and (3)d. of this section shall serve one‑year terms ending on June 30, 2001. The members initially 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 members initially appointed pursuant to sub‑subdivisions (b)(1)c., (1)d., (1)e., (2)b., and (3)c. shall serve three‑year terms ending June 30, 2003. The remaining members initially appointed pursuant to subsection (b) of this section shall serve four‑year terms ending June 30, 2004.

Except as provided for the initial members under this subsection, members shall serve four‑year terms beginning July 1. No member may serve more than two full consecutive terms. Members may continue to serve beyond their terms until their successors are duly appointed, but any holdover shall not affect the expiration date of the succeeding term. A member may be removed from the Commission for cause by the authority that appointed the member.

The Commission shall elect from its membership a chair, vice‑chair, and other officers as necessary for two‑year terms beginning July 1 at the first meeting of the Commission held on or after July 1 of every even‑numbered year. The vice‑chair may act for the chair in the absence of the chair as authorized by the Commission.

(d)       Vacancies. – Vacancies shall be filled by the designated appointing authority for the remainder of the unexpired term.

(e)       Frequency of Meetings. – The Commission shall meet at least twice each year and may hold special meetings at the call of the chair or a majority of the voting members. The Governor shall call the initial meeting of the Commission.

(f)        Quorum; Majority. – Ten members shall constitute a quorum of the Commission. The Commission may act upon a majority vote of all the members of the Commission on matters involving the disbursement of funds and personnel matters properly before the Commission. On all other matters, the Commission may act by majority vote of the members of the Commission at a meeting at which a quorum is present.

(g)       Meeting Facilities. – The Office of the State Treasurer shall provide meeting facilities for the Commission and its staff as requested by the chair of the Commission.

(h)       Per Diem and Expenses. – The members of the Commission shall receive per diem and necessary travel 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 from the Fund.

(i)        Conflict of Interest. – The members of the Commission shall comply with the provisions of G.S. 14‑234 prohibiting conflicts of interest. In addition to the restrictions imposed under G.S. 14‑234, a member shall not vote on, participate in the deliberations of, or otherwise attempt through his or her official capacity to influence the vote on a grant or other financial assistance award by the Commission to a nonprofit entity of which the member is an officer, director, or employee or to a governmental entity of which the member is an employee or a member of the governing board. A violation of this subsection is a Class 1 misdemeanor. (2000‑147, s. 2.)