North Carolina § 106-568 - 52. North Carolina Industrial Hemp Commission.

§ 106-568. 52. North Carolina Industrial Hemp Commission.

Creation and Membership. - The North Carolina Industrial Hemp Commission is established and shall consist of nine members as follows: The Commissioner of Agriculture or the Commissioner's designee, who shall serve as vice-chair. One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, who shall at the time of appointment be a municipal chief of police. One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, who shall at the time of appointment be an elected sheriff or the sheriff's designee. Two appointed by the Governor who shall at the time of appointment be a full-time faculty member of a State land grant university who regularly works in the field of agricultural science or research. Two appointed by the Commissioner of Agriculture, who shall be a full-time farmer with at least 10 years of experience in agricultural production in the State. One appointed by the Commissioner of Agriculture, who shall be a professional agricultural consultant. One appointed by the Commissioner of Agriculture, who shall be an agribusiness professional. Terms of Members. - Members of the Commission shall serve terms of four years, beginning effective July 1 of the year of appointment, and may be reappointed to a second four-year term. The terms of members designated by subdivisions (a)(1), (a)(2), (a)(4), and (a)(6) of this section shall expire on June 30 of any year evenly divisible by four. The terms of the remaining members shall expire on June 30 of any year that follows by two years a year evenly divisible by four. Chair. - The members of the Commission shall elect a chair. The chair shall serve a two-year term and may be reelected. Vacancies. - Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be made by the original appointing authority and shall be for the balance of the unexpired term. Removal. - The appointing authority shall have the power to remove any member of the Commission appointed by that authority from office for misfeasance, malfeasance, or nonfeasance. Reimbursement. - 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. Quorum. - Five members of the Commission shall constitute a quorum for the transaction of business. Staff. - The Commission is authorized and empowered to employ no more than two persons as staff to assist the Commission in the proper discharge of its duties and responsibilities. The chair of the Commission shall organize and direct the work of the Commission staff. The salaries and compensation of all such personnel shall be determined by the Commission; provided, however, that the aggregate cost for salaries and benefits of the staff may not exceed two hundred thousand dollars ($200,000). History (2015-299, s. 1; 2016-93, s. 2.) Expiration of Article. - Session Laws 2015-299, s. 4, provides, in part: "This act shall expire on June 30 of the fiscal year in which the North Carolina Industrial Hemp Commission adopts and submits to the Governor and to the Revisor of Statutes a resolution that a State pilot program allowing farmers to lawfully grow industrial hemp is no longer necessary because (i) the United States Congress has enacted legislation that removes industrial hemp from the federal Controlled Substances Act and (ii) the legislation has taken effect." Editor's Notes. - Session Laws 2015-299, s. 3, as amended by Session Laws 2016-93, s. 7, provides: "The North Carolina Industrial Hemp Commission may adopt temporary rules to implement the provisions of this act. The temporary rules shall remain in effect until permanent rules that replace the temporary rules become effective." Effect of Amendments. - Session Laws 2016-93, s. 2, effective July 11, 2016, substituted "nine members" for "five members" at the end of the introductory language of subsection (a); in subdivision (a)(4), substituted "Two" for "One" at the beginning, inserted "land grant" following "member of a State," and substituted "who regularly works in the field of agricultural science or research" for "who regularly teaches in the field of agricultural science" at the end; substituted "Two" for "One" at the beginning of subdivision (a)(5); added subdivisions (a)(6) and (a)(7); substituted "(a)(4), and (a)(6)" for "and (a)(4)" preceding "of this section" near the middle of subsection (b); and substituted "Five members" for "Three members" at the beginning of subsection (g).