§ 143-300.30. Service on National Tobacco Grower Settlement Trust. - North Carolina Statutes

Article 31C.

Service on Certification Entity.

§ 143‑300.30.  Service on National TobaccoGrower Settlement Trust.

(a)        (1)        Philip Morris, Inc., Brown andWilliamson Tobacco Corporation, Lorillard Tobacco Company, and R.J. ReynoldsTobacco Company (hereinafter, the "tobacco companies") have proposedto create a National Tobacco Grower Settlement Trust under which the tobaccocompanies will pay, during a 12‑year period, a base amount ofapproximately five billion one hundred fifty million dollars ($5,150,000,000)into a trust to provide payments to tobacco growers and allotment holders in 14grower states, including North Carolina, for the purposes of amelioratingpotential adverse economic consequences of likely changes in the tobacco marketon grower states.

(2)        The tobacco companies desire that the money paid into thetrust be divided among tobacco producers and allotment holders in accordancewith a plan designed and approved by a certification entity in each state.

(3)        The tobacco companies desire that in larger grower states,including North Carolina, the certification entity be a nonprofit corporationgoverned by a board of directors consisting of the following public officialsand persons appointed by public officials: the Governor, who shall serve as chairof the board of directors; the Commissioner of Agriculture, who shall serve asvice‑chair; the Attorney General, who shall serve as secretary; a StateSenator appointed by the President Pro Tempore of the Senate; a StateRepresentative appointed by the Speaker of the House of Representatives; twomembers of the North Carolina congressional delegation selected by thedelegation; and four to seven citizens appointed by the Governor.

(4)        It is in the public interest that these officials andcitizens serve on the board of directors and determine the distribution ofthese private trust funds to tobacco producers and allotment holders in NorthCarolina.

(b)        The Governor, the Speaker of the House of Representatives,and the President Pro Tempore of the Senate are authorized to appoint membersof the board of directors of the certification entity as provided in Section1.(a)(3), and the public officials referred to in Section 1.(a)(3) areauthorized to serve on that board.

(c)        No member of the certification entity for the NationalTobacco Grower Trust Fund is subject to civil liability for any act or omissionarising out of the performance of the member's duties as a member or officer ofthe certification entity.  This section does not apply to liability arising fromwillful or wanton misconduct, intentional wrongdoing, or the operation of amotor vehicle.  (1999‑333,s.1.)