North Carolina § 143-720 - Benefits and administration of Fund for compensatory programs.

§ 143-720. Benefits and administration of Fund for compensatory programs.

Funds held in the Fund may be expended on compensatory programs as provided in this section. The Fund may provide direct and indirect financial assistance, in accordance with criteria established by the Commission and to the extent allowed by law, to accomplish the following: Indemnify tobacco producers, allotment holders, and persons engaged in tobacco-related businesses from the adverse economic effects in this State of the Master Settlement Agreement. Compensate tobacco producers, allotment holders, and persons engaged in tobacco-related businesses for economic loss resulting from lost quota and compensate tobacco producers for the decline in value of tobacco-related personal property assets and declining market conditions resulting from the Master Settlement Agreement in this State. Compensate individuals displaced from tobacco-related employment in this State as a result of the adverse economic effects of the Master Settlement Agreement. Compensate tobacco product component businesses that are (i) adversely impacted by the Master Settlement Agreement and that (ii) need financial assistance to retool machinery or equipment or to retrain workers, in order to convert to the production of new products or nontobacco use of existing products, or to effect other similar changes. Only tobacco producers, persons engaged in tobacco-related businesses, individuals displaced from tobacco-related employment, and tobacco product component businesses in this State, and holders of North Carolina tobacco allotments are eligible to apply for and receive assistance pursuant to subsection (b) of this section. Direct payments made to tobacco producers, tobacco allotment holders, and persons engaged in tobacco-related businesses shall be based on losses resulting in 1998 and thereafter. Lost quota shall be a primary determinative factor in calculating the amount of compensable economic loss for tobacco producers, allotment holders, and persons engaged in tobacco-related businesses. The Commission shall determine the priority of awards among the categories in subsection (b) of this section and within each of those categories. Financial assistance awards shall be for no more than one year at a time. An award may be renewed annually, without limitation. The Commission may require applicants to provide copies of documents necessary to determine compensable economic loss. In no event shall the amount paid to a tobacco producer or allotment holder pursuant to this Article, when combined with the amount received through the National Tobacco Grower Settlement Trust, exceed the compensable economic loss of the producer or allotment holder. The Commission may consider the criteria used for National Tobacco Grower Settlement Trust payments and may correspond with the National Tobacco Grower Settlement Trust certification entity to ensure that tobacco farmers and allotment holders are treated fairly. History (2000-147, s. 3.) Editor's Note. - Session Laws 2013-360, s. 13.5, provides: "Notwithstanding any other provisions of G.S. 143-720 or the provisions of G.S. 143-721 , the funds appropriated from the General Fund to the Tobacco Trust Fund for the 2013-2014 fiscal year and for the 2014-2015 fiscal year shall be used as follows: "(1) Up to three hundred fifty thousand dollars ($350,000) may be used for administrative expenses each fiscal year. "(2) Of the remaining funds appropriated to the Tobacco Trust Fund, preference shall be given to provide direct financial assistance to tobacco producers as permitted under G.S. 143-720 ." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2016-94, s. 13.3(a), provides: "Notwithstanding G.S. 143-720 or G.S. 143-721 , of the funds appropriated to the Tobacco Trust Fund in this act, one hundred twenty thousand dollars ($120,000), nonrecurring for the 2016-2017 fiscal year, shall be distributed to the following local Future Farmers of America programs for the following purposes and amounts: "(1) Sixty thousand dollars ($60,000) to Southern Guilford High School in Guilford County for a pilot program relating to animal science. "(2) Sixty thousand dollars ($60,000), to be allocated in equal amounts, to the following schools for a pilot program relating to animal science and agricultural crop planting, including greenhouses and hydroponics: "a. Mountain Heritage High School in Yancey County. "b. Madison High School in Madison County. "c. Central Haywood High School in Haywood County. "d. Pisgah High School in Haywood County. "e. Tuscola High School in Haywood County." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2018-5, s. 12.1(a), provides: "(a) Notwithstanding G.S. 143-720 and G.S. 143-721 , of the funds appropriated to the Tobacco Trust Fund in this act, sixty thousand dollars ($60,000), nonrecurring for the 2018-2019 fiscal year, shall be distributed to Southern Guilford High School to be provided to its Future Farmers of America program to complete the animal science project described in Section 13.3 of S.L. 2016-94." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause.