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

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

(a)        CommissionEstablished. – There is established the Health and Wellness Trust FundCommission. As used in this Article, the term "Commission" means theHealth and Wellness Trust Fund Commission. The Commission shall exercise itspowers independently, but for administrative purposes, the Commission shall belocated within the Office of the State Treasurer.

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

(1)        The Governor shallmake the following appointments:

a.         A person involved inpublic health.

b.         A person involved inthe operation of health care delivery systems.

c.         A health carepractitioner.

d.         An at‑largeappointee.

e.         An at‑largeappointee.

f.          An at‑largeappointee.

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

a.         A person involved inhealth research.

b.         A person involved intobacco‑related health care issues.

c.         A person involved inhealth promotion and disease prevention.

d.         An at‑largeappointee.

e.         An at‑largeappointee.

f.          An at‑largeappointee.

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

a.         A person involved inhealth policy trends.

b.         A person involvedwith health care for underserved populations.

c.         A person involvedwith child health care.

d.         An at‑largeappointee.

e.         An at‑largeappointee.

f.          An at‑largeappointee.

It is the intent of theGeneral Assembly that the appointing authorities, in appointing members, shallappoint members who represent the geographic, political, gender, and racialdiversity of the State.

(c)        InitialAppointments; 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 endingon 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 onJune 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 termsending June 30, 2003. The remaining members initially appointed pursuant tosubsection (b) of this section shall serve four‑year terms ending June30, 2004.

Except as provided for theinitial members under this subsection, members shall serve four‑yearterms beginning July 1. No member may serve more than two full consecutiveterms. Members may continue to serve beyond their terms until their successorsare duly appointed, but any holdover shall not affect the expiration date ofthe succeeding term. A member may be removed from the Commission for cause bythe authority that appointed the member.

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

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

(e)        Frequency ofMeetings. – The Commission shall meet at least twice each year and may holdspecial 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 mayact upon a majority vote of all the members of the Commission on mattersinvolving the disbursement of funds and personnel matters properly before theCommission. On all other matters, the Commission may act by majority vote ofthe 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 theCommission and its staff as requested by the chair of the Commission.

(h)        Per Diem andExpenses. – The members of the Commission shall receive per diem and necessarytravel 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 fromthe Fund.

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