A BILL TO BE ENTITLED
AN ACT to change the law concerning the North Carolina Grape Growers Council.
The General Assembly of North Carolina enacts:
SECTION 1.  The title of Part 2J of Article 10 of Chapter 143B of the General Statutes reads as rewritten:
"Part 2J. North Carolina Wine and Grape Council."
SECTION 2.  G.S. 143B‑437.90 reads as rewritten:
"§ 143B‑437.90.  North Carolina Wine and Grape Council – Creation; powers and duties.
There is created the North Carolina Wine and Grape Council of the Department of Commerce. The North Carolina Wine and Grape Council shall have the following powers and duties:
(1)	To identify and implement methods for improving North Carolina's rank as a wine‑producing State.
(2)	To assure orderly growth and development of North Carolina's grape and wine industry.
(3)	To achieve public awareness of the quality of North Carolina grapes and wine.
(4)	To coordinate the interaction of North Carolina's grape and wine industry with other segments of the State's economy such as tourism, retail trade, and horticulture.
(5)	To conduct methods of quality assurance of North Carolina's grape and wine industry to create a sound foundation for further growth.
(6)	To assist in the coordination of the activities of the various State agencies and other organizations contributing to the development of the grape and wine industry.
(7)	To receive and disburse funds.
(8)	To enter into contracts for the purpose of developing new or improved markets or marketing methods for wine and grape products.
(9)	To contract for research services to improve viticultural and enological practices in North Carolina.
(10)	To enter into agreements with any local, state, or national organizations or agency engaged in education for the purpose of disseminating information on wine or other viticultural projects.
(11)	To enter into contracts with commercial entities for the purpose of developing marketing, advertising, and other promotional programs designed to promote the orderly growth of the North Carolina grape and wine industry.
(12)	To acquire any licenses or permits necessary for performance of the duties of the Council.
(13)	To develop a State Viticulture Plan that identifies problems and constraints of the viticultural industry, proposes solutions to those problems and delineates planning mechanisms for the orderly growth of the industry."
SECTION 3.  G.S. 143B‑437.91 reads as rewritten:
"§ 143B‑437.91.  North Carolina Wine and Grape Council – Composition; terms; reimbursement.
(a)	The North Carolina Wine and Grape Council shall consist of 11 members appointed by the Secretary of Commerce in the following manner: seven commercial grape growers; three winery operators; and one retailer of North Carolina grape products. For purposes of this Article, a commercial grape grower is one who has at least three acres of grapes or sells ten thousand dollars ($10,000) worth of grapes annually. The Secretary shall appoint members for staggered four‑year terms. Members shall serve until their successors are appointed and qualified. Any member of the Council may be reappointed for additional terms. Any appointment to fill a vacancy on the Council shall be for the balance of the unexpired term. Any member of the Council may be removed by the Secretary for misfeasance, malfeasance, or nonfeasance.
(b)	Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with G.S. 138‑5 from funds appropriated for the operation of the Council.
(c)	All clerical and other services required by the Council may be provided by the Department of Commerce.
(d)	The Secretary of Commerce shall appoint a chair who shall serve at the pleasure of the Secretary.
(e)	The Council may select a secretary who need not be a member of the Council.
(f)	The Council shall meet when necessary as determined by the chair or upon written request of a majority of the members.
(g)	A majority of the Council shall constitute a quorum for the transaction of business."
SECTION 4.  Effective July 1, 2007, G.S. 105‑113.81A reads as rewritten:
"§ 105‑113.81A.  Distribution of part of wine taxes attributable to North Carolina wine.
The Secretary shall on a quarterly basis credit to the Department of Commerce two hundred thousand dollars ($200,000) from the net proceeds of the excise tax collected on unfortified wine. The Department of Commerce shall allocate the funds received under this section to the North Carolina Wine and Grape Council to be used to promote the North Carolina grape and wine industry and to contract for research and development services to improve viticultural and enological practices in North Carolina. Any funds credited to the Department of Commerce under this section that are not expended by June 30 of any fiscal year do not revert to the General Fund, but remain available to the Department for the uses set forth in this section."
SECTION 5.  Except as otherwise provided herein, this act is effective when it becomes law.