2012 North Dakota Century Code Title 23 Health and Safety Chapter 23-42 Tobacco Prevention and Control Program
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CHAPTER 23-42
TOBACCO PREVENTION AND CONTROL PROGRAM
23-42-01. Definitions.
As used in this chapter:
1. "Advisory committee" is the nine-member tobacco prevention and control advisory
committee responsible to develop the comprehensive plan.
2. "Comprehensive plan" means a comprehensive statewide tobacco prevention and
control program that is consistent with the centers for disease control best practices for
comprehensive tobacco prevention and control programs and does not duplicate the
work of the community health grant program created in chapter 23-38.
3. "Executive committee" means the three-member committee selected by the advisory
committee and charged with implementation and administration of the comprehensive
plan.
4. "Tobacco prevention and control fund" consists of all principal and interest of the
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 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
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; and
f. A member of the public with a previously demonstrated interest in fostering
tobacco prevention and control.
2. The governor shall select the youth and public member independently; the respiratory
therapist from a list of three nominations provided by the North Dakota society for
respiratory care; the four tobacco control experts from a list of two nominations per
member provided by the North Dakota public health association's tobacco control
section; the medical doctor from a list of three nominations provided by the North
Dakota medical association; and the nurse from a list of three nominations provided by
the North Dakota nurses association. The governor must make the appointments
within three weeks of receiving the respective list of nominees. If the governor fails to
make an appointment within three weeks, the association that provided the list of
nominees shall select the committee member. In the initial appointments for the
advisory committee, the governor shall stagger the terms of the members so that the
terms of three members expire each fiscal year and that three members are appointed
each year by June thirtieth. Accordingly, the governor's initial appointments, in some
instances, must be for terms less than three years. The governor shall fill vacancies for
the unexpired term as provided in this section.
3. No individual may serve more than two consecutive three-year terms. However, terms
of less than three years are not considered in determining an individual's eligibility for
reappointment.
4. A quorum of the advisory committee is required to conduct business, but the advisory
committee may conduct a meeting with less than a quorum present. A quorum is a
majority of the members of the committee. Any action taken requires a 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.
However, compensation may not exceed compensation allowed to the legislature.
Advisory and executive committee members are entitled to reimbursement for
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6.
7.
mileage and expenses as provided for state officers in addition to any
compensation provided;
c. Develop the initial comprehensive statewide tobacco prevention and control
program that includes support for cessation interventions, community and youth
interventions, and health communication; and
d. Evaluate the effectiveness of the plan and its implementation and, before April
first of each year, propose any necessary changes to the plan to the executive
committee.
The governor may remove any member of the advisory committee for malfeasance in
office, but the advisory committee is not subject to section 54-07-01.2.
No nomination to, or member of, the advisory committee shall have any past or current
affiliation with the tobacco industry or any industry, contractor, agent, or organization
that engages in the manufacturing, marketing, distributing, sale, or promotion of
tobacco or tobacco-related products.
23-42-03. Executive committee.
The executive committee of the advisory committee consists of three individuals selected by
the advisory committee from its membership. The term of each member is for three years. The
initial terms of the members must be staggered so that one member serves a three-year term,
one member serves a two-year term, and one member serves a one-year term. The
determination of initial terms shall be by lot. No individual may serve more than two consecutive
three-year terms. However, terms of less than three years are not considered in determining an
individual's eligibility for reappointment. The advisory committee shall fill vacancies for the
unexpired term. An individual selected to serve on the executive committee is no longer eligible
to serve if that individual is not a member of the advisory committee. The executive committee is
responsible for the implementation and administration of the comprehensive plan, including the
appropriateness of expenditures to implement the comprehensive plan. The executive
committee may seek the counsel and advice of the advisory committee in implementing the
plan, but the executive committee is the final decisionmaker.
23-42-04. Powers of the executive committee.
To implement the purpose of this chapter and, in addition to any other authority granted
elsewhere in this chapter, to support its efforts and implement the comprehensive plan, the
executive committee may employ staff and fix their compensation, accept grants, property, and
gifts, enter contracts, make loans, provide grants, borrow money, lease property, provide
direction to the state investment board for investment of the tobacco prevention and control
fund, and take any action that any private individual, corporation, or limited liability company
lawfully may do except as restricted by the provisions of this chapter.
23-42-05. Development of the comprehensive plan.
The advisory committee shall develop the initial comprehensive plan within one hundred
eighty days of the initial meeting of the advisory committee. The comprehensive plan must be
funded at a level equal to or greater than the centers for disease control recommended funding
level. Funding for the comprehensive plan must supplement and may not supplant any funding
that in the absence of this chapter would be 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 the executive committee who has a direct and
substantial personal or pecuniary interest in a matter 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 an independent review
of the comprehensive plan to assure that the comprehensive plan is consistent with the centers
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for disease control best practices. The executive committee shall report the results of that
review to the governor and to the state health officer on or before September first in each
odd-numbered year.
23-42-08. Biennial budget.
The tobacco prevention and control executive committee shall prepare and submit a
biennial budget to the office of management and budget as required by section 54-44.1-04.
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