North Carolina § 106-755 - 2. North Carolina Wine and Grape Growers Council - Composition; terms; reimbursement.

§ 106-755. 2. North Carolina Wine and Grape Growers Council - Composition; terms; reimbursement.

The North Carolina Wine and Grape Growers Council shall consist of 10 members who shall be appointed by the Commissioner of Agriculture as provided in this section. The members of the Council shall be divided into an advisory committee for the Vinifera Group and an advisory committee for the Muscadines Group for the purpose of performing the powers and duties prescribed in G.S. 106-755.1 and for the purpose of promoting North Carolina wineries and tourism related to the wineries. Each advisory committee shall consist of five members, who shall be appointed by the Commissioner of Agriculture to serve two-year terms, which shall be staggered. The members appointed shall be chosen from among individuals who have education or experience in the wine industry or in the field of tourism. No member of an advisory committee may serve for more than two consecutive terms. Initial terms shall commence September 1, 2011. Each advisory committee shall meet at least twice each calendar year during which time each committee shall discuss issues related to the Council's powers and duties, including ways in which to promote and advertise North Carolina wineries and ways in which to improve, use, and distribute State maps showing winery locations. The Vinifera Group shall meet at the NC Shelton Badgett Viticulture Center at Surry Community College, and the Muscadines Group shall meet at Duplin Community College. After each meeting, each advisory committee shall report to the Commissioner of Agriculture with its recommendations. Notwithstanding any other provision of law, committee members shall receive no salary, per diem, subsistence, travel reimbursement, or other stipend or reimbursement as a result of serving on their respective committees. Each advisory committee shall elect from the membership of each committee a chair and vice-chair. Vacancies resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. A majority of the members of each committee shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of each committee shall be necessary for action to be taken by the committee. History (1985 (Reg. Sess., 1986), c. 974, s. 1; 1997-261, s. 109; 2005-380, s. 4(a); 2006-264, s. 98.3; 2011-145, s. 14.3B; 2011-391, s. 38.1(b), (c); 2012-142, s. 13.9A(b).) Editor's Note. - Former G.S. 106-751, was recodified by Session Laws 2005-380, s. 4(a), as G.S. 143B-437.71 . It was subsequently renumbered as 143B-437.91 at the direction of the Revisor of Statutes. It was then recodified as G.S. 106-755.2 by Session Laws 2012-142, s. 13.9A(b), effective July 1, 2012. The historical citations from the former sections have been added to this section as recodified. Session Laws 2005-380, s. 4(b), provides: "Persons serving on the North Carolina Grape Growers Council as of the effective date of this section shall continue to serve for the remainder of their unexpired terms. The Secretary of Commerce shall appoint members to the North Carolina Grape Growers Council as current terms expire and as vacancies arise." Session Laws 2005-380, s. 4(d), provides: "The Department of Commerce shall consult and coordinate with the Department of Agriculture and Consumer Services and North Carolina State University to serve the needs of North Carolina grape growers." Session Laws 2011-145, s. 14.3B, effective July 1, 2011, repealed Part 2J of Article 10 of Chapter 143B (G.S. 143B-437.90, 143B-437.91); however Session Laws 2011-391, s. 38.1(b) reenacted Part 2J of Article 10 of Chapter 143B , effective July 1, 2011. Session Laws 2011-145, s. 14.3A, established operating committees. Session Laws 2011-391, s. 35, further amended Session Laws 2011-145, s. 14.3A, however, Session Laws 2011-391, s. 38.1(a), repealed it. Session Laws 2011-391, s. 38.1(c) amended this section to add a similar provision. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5 is a severability clause. At the direction of the Revisor of Statutes, "G.S. 106-755.1" was substituted for "G.S. 143B-437.90" in subsection (a). Effect of Amendments. - Session Laws 2005-380, s. 4(a), effective September 8, 2005, in subsection (a), substituted "Secretary of Commerce" for "Commissioner of Agriculture" in the first sentence, substituted "The Secretary shall appoint members for staggered four-year terms. Members shall" for "The Commissioner shall appoint, within 30 days of the effective date of this act, four members for three-year terms, four members for two-year terms, and three members for one-year terms. Thereafter, members shall be appointed for four-year terms and shall," and substituted "Secretary" for "Commissioner" in the last sentence; in subsection (c), substituted "Commerce" for "Agriculture and Consumer Services"; in subsection (d), substituted "The Secretary of Commerce shall appoint a chair who shall serve at the pleasure of the Secretary" for "The Commissioner of Agriculture shall appoint a chairman who shall serve at the pleasure of the Commissioner"; and in subsection (f), substituted "chair" for "chairman." Session Laws 2006-264, s. 98.3, effective August 27, 2006, inserted "Wine and" in the section catchline, and in the first sentence of subsection (a). Session Laws 2011-391, s. 38.1(c), effective July 1, 2011, rewrote the section to the extent that a detailed comparison is impracticable. Session Laws 2012-142, s. 13.9A(b), effective July 1, 2012, renumbered former G.S. 143B-437.91 as this section; and substituted "Commissioner of Agriculture" for "Secretary of Commerce" throughout the section.