2012 Vermont Statutes
Title 18 Health
Chapter 225 TOBACCO PREVENTION, CESSATIONN AND CONTROL
§ 9504 Creation of the vermont tobacco evaluation and review board

§ 9504. Creation of the vermont tobacco evaluation and review board

(a) There is created and established, within the office of the secretary, a body to be known as the Vermont tobacco evaluation and review board, an independent state board created to work in partnership with the agency of human services and the department of health in establishing the annual budget, program criteria and policy development, and review and evaluation of the tobacco prevention and treatment programs.

(b) The board shall consist of 14 members, including ex officio the commissioner of health and the commissioner of education, or their designees; the commissioner of the department of liquor control or designee; the attorney general or designee; a member of the house of representatives appointed by the speaker of the house; a member of the senate appointed by the committee on committees; a member representing a nonprofit organization qualifying under Section 501(c)(3) of the Internal Revenue Code and dedicated to anti-tobacco activities appointed by the speaker of the house; a member representing the low income community appointed by the senate committee on committees; two persons under the age of 30, one appointed by the speaker of the house and one appointed by the senate committee on committees; and four members appointed by the governor with the advice and consent of the senate, including: one K-12 educator involved in prevention education; one tobacco use researcher; one member

representing the health care community; and one tobacco industry countermarketing expert. The public members shall serve for three-year terms, beginning on July 1 of the year in which the appointment is made, except that the first members appointed by the governor to the board shall be appointed, two for a term of two years, one for a term of three years and one for a term of four years. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.

(c) The governor shall appoint a chair from among the board's public members. The chair shall serve for a term of two years. The chair may be removed for good cause by a two-thirds voting majority of the board. The board may elect such other officers as it may determine. The board may appoint committees or subcommittees for the purpose of providing advice on community-based programs, countermarketing activities and independent program evaluations. Meetings shall be held at the call of the chair or at the request of three members; however, the board shall meet no less than four times a year. A majority of the sitting members shall constitute a quorum, and action taken by the board under the provisions of this chapter may be authorized by a majority of the members present and voting at any regular or special meeting. Actions taken by the board to approve, authorize, award, grant or otherwise expend money appropriated to the board or the department shall require authorization from a ma

jority of members of the entire board.

(d) Public members other than ex officio members shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010 for each day spent in the performance of their duties, and members shall be reimbursed from the fund for reasonable expenses incurred in carrying out their duties under this chapter. Legislative members shall be entitled to per diem compensation and reimbursement for expenses in accordance with 2 V.S.A. § 406.

(e) The board may employ staff, through the agency of human services, to assist the board in planning, administering and executing its functions under this chapter, subject to the policies, control and direction of its members and the powers and duties of the board under this chapter. The board may employ technical experts and contractors as necessary to effect the purposes of this chapter. The board shall use the office of the attorney general for legal services. The board shall receive additional staff assistance from the department of health, the legislative council and the joint fiscal office.

(f) The agency of human services shall provide administrative support to the board for the purposes of this chapter.

(g) No member of the board shall have any direct or knowing affiliation or contractual relationship with any tobacco company, its affiliates, its subsidiaries, or its parent company. All board members shall file a conflict of interest statement, stating that he or she has no such affiliation or contractual relationship. (Added 1999, No. 152 (Adj. Sess.), § 271, eff. May 29, 2000; amended 2005, No. 215 (Adj. Sess.), § 276; 2007, No. 91 (Adj. Sess.), § 1, eff. March 19, 2008.)