A BILL TO BE ENTITLED
AN ACT to add the North Carolina Agribusiness council, Inc., to various agricultural boards and commissions.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 105‑277.7(a) reads as rewritten:
"(a)	Creation and Membership. – The Use‑Value Advisory Board is established under the supervision of the Agricultural Extension Service of North Carolina State University. The Director of the Agricultural Extension Service of North Carolina State University shall serve as the chair of the Board. The Board shall consist of the following additional members, to serve ex officio:
(1)	A representative of the Department of Agriculture and Consumer Services, designated by the Commissioner of Agriculture.
(2)	A representative of the Division of Forest Resources of the Department of Environment and Natural Resources, designated by the Director of that Division.
(3)	A representative of the Agricultural Extension Service at North Carolina Agricultural and Technical State University, designated by the Director of the Extension Service.
(4)	A representative of the North Carolina Farm Bureau Federation, Inc., designated by the President of the Bureau.
(5)	A representative of the North Carolina Association of Assessing Officers, designated by the President of the Association.
(6)	The Director of the Property Tax Division of the North Carolina Department of Revenue or the Director's designee.
(7)	A representative of the North Carolina Association of County Commissioners, designated by the President of the Association.
(8)	A representative of the North Carolina Forestry Association, designated by the President of the Association.
(9)	A representative of the North Carolina Agribusiness Council, Inc., designated by the Executive Director of the Council."
SECTION 2.  G.S. 106‑568.3 reads as rewritten:
"§ 106‑568.3.  Action of Board of Agriculture on petition for referendum; creation of the Tobacco Research Commission.
(a)	The State Board of Agriculture, upon a petition being filed with it so requesting and signed by the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., and the North Carolina Agricultural Foundation, Inc., shall examine such petition and upon finding that it complies with the provisions of this Article shall authorize the holding of a referendum as hereinafter set out and the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., and the North Carolina Agricultural Foundation, Inc., shall thereupon be fully authorized and empowered to hold and conduct on the part of the producers and growers of the commodities herein mentioned a referendum on the question of whether or not such growers and producers shall levy upon themselves an assessment under and subject to and for the purposes stated in this Article. Provided, that the petition for a tobacco referendum shall be signed by and, once approved, shall authorize the holding of a referendum by the governing boards of the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., the North Carolina Tobacco Foundation, Inc., and the Tobacco Growers Association of North Carolina, Incorporated.
(b)	There is hereby created a North Carolina Tobacco Research Commission within the Department of Agriculture and Consumer Services. The Commission shall consist of the Commissioner of Agriculture, or his designee; the President of the North Carolina Farm Bureau Federation, Inc., or his designee; the President of the Tobacco Growers Association of North Carolina, Incorporated, or his designee; the Master of the North Carolina State Grange, or his designee; the Executive Director of the North Carolina Agribusiness Council, Inc., or his designee, and, the President of the North Carolina Tobacco Foundation, Inc., or his designee."
SECTION 3.  G.S. 106‑568.4 reads as rewritten:
"§ 106‑568.4.  By whom referendum to be managed; announcement.
The governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., and the North Carolina Agricultural Foundation, Inc., shall arrange for and manage any referendum conducted under the provisions of this Article but shall, 60 days before the date upon which it is to be held, fix, determine, and publicly announce in each county the date, hours, and polling places in that county for voting in such referendum, the amount and basis proposed to be collected, the means by which such assessment shall be collected as authorized by the growers and producers, and the general purposes for which said funds so collected shall be applied. Provided, that the governing boards of the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., the North Carolina Tobacco Foundation, Inc., and the Tobacco Growers Association of North Carolina, Incorporated, shall arrange for and manage any referendum for tobacco poundage assessments under the provisions of this Article."
SECTION 4.  G.S. 106‑568.7 reads as rewritten:
"§ 106‑568.7.  Preparation and distribution of ballots; poll holders; canvass and announcement of results.
The governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., and the North Carolina Agricultural Foundation, Inc., shall prepare and distribute in advance of such referendum all necessary ballots and shall under rules and regulations, adopted and promulgated by the organizations holding such referendum, arrange for the necessary poll holders and shall, within 10 days after the date of such referendum, canvass and publicly declare the results thereof. Provided, that for the tobacco poundage assessment referendum, the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., the North Carolina Tobacco Foundation, Inc., and the Tobacco Growers Association of North Carolina, Incorporated, shall perform the functions set forth in this section."
SECTION 5.  G.S. 106‑568.8(a) reads as rewritten:
"(a)	Fertilizer and feed assessments. In the event two‑thirds or more of the eligible farmers and producers participating in said referendum vote in favor of such assessment, then said assessment shall be collected for a period of six years under rules, regulations, and methods as provided for in this Article. The assessments shall be added to the wholesale purchase price of each ton of fertilizer, commercial feed, and/or their ingredients (except lime and land plaster) by the manufacturer of said fertilizer and feed. The assessment so collected shall be paid by the manufacturer into the hands of the North Carolina Commissioner of Agriculture on the same tonnage and at the same time and in the same manner as prescribed for the reporting of the inspection tax on commercial feeds and fertilizers as prescribed by G.S. 106‑284.40 and 106‑671. The Commissioner shall then remit the assessment for the total tonnage as reported by all manufacturers of commercial feeds, fertilizers, and their ingredients to the treasurer of the North Carolina Agricultural Foundation, Inc., who shall disburse such funds for the purposes herein enumerated and not inconsistent with provisions contained in the charter and bylaws of the North Carolina Agricultural Foundation, Inc. Signed copies of the receipts for such remittances made by the Commissioner to the treasurer of the North Carolina Agricultural Foundation, Inc., shall be furnished the Commissioner of Agriculture, the North Carolina Farm Bureau Federation, the North Carolina Agribusiness Council, Inc., and the North Carolina State Grange. The treasurer of the North Carolina Agricultural Foundation, Inc., shall make an annual report at each annual meeting of the Foundation directors of total receipts and disbursements for the year and shall file a copy of said report with the Commissioner of Agriculture and shall make available a copy of said report for publication.
It shall be the duty of the Commissioner of Agriculture to audit and check the remittances of the assessment by the manufacturer to the Commissioner in the same manner and at the same time as audits and checks are made of remittances of the inspection tax on commercial feeds and fertilizers.
Any commercial feed excluded from the payment of the inspection fee required by G.S. 106‑284.40 shall nevertheless be subject to the assessment provided for by this Article and to quarterly tonnage reports to the Department of Agriculture and Consumer Services as provided for in G.S. 106‑284.40(c)."
SECTION 6.  G.S. 106‑568.10 reads as rewritten:
"§ 106‑568.10.  Subsequent referenda; continuation of assessment.
If the assessment is defeated in the referendum, the governing boards of the North Carolina Farm Bureau Federation, the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., and the North Carolina Agricultural Foundation, Inc., shall have full power and authority to call another referendum for the purposes herein set out in the next succeeding year on the question of the annual assessment for six years. In the event the assessment carried in a referendum by two‑thirds or more of the eligible farmers participating therein, such assessment shall be levied annually for the six years set forth in the call for such referendum and a new referendum may be called and conducted during the sixth year of such period on the question of whether or not such assessment shall be continued for the next ensuing six years. Provided, that if the tobacco poundage assessment is defeated in the referendum, the governing boards of the North Carolina Farm Bureau Federation, Inc., the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., the North Carolina Tobacco Foundation, Inc., and Tobacco Growers Association of North Carolina, Incorporated, may call another referendum in the next succeeding year on the question of the annual assessment for six years. If the tobacco assessment carried in a referendum by two‑thirds or more of the eligible farmers participating therein, the assessment shall be levied annually for the six years set forth in the call for the referendum and a new referendum may be called and conducted during the sixth year of the period on the question of whether or not the assessment shall be continued for the next ensuing six years."
SECTION 7.  G.S. 106‑568.14 reads as rewritten:
"§ 106‑568.14.  Board of directors; membership; compensation.
The North Carolina Agricultural Hall of Fame shall be under the general supervision and control of a board of directors consisting of the following: the Commissioner of Agriculture of the State of North Carolina, who shall act as chairman; the Director of the North Carolina Agricultural Extension Service; the State Supervisor of Vocational Agriculture; the President of the North Carolina Farm Bureau Federation; the Master of the State Grange, the Executive Director of the North Carolina Agribusiness Council, Inc., the foregoing being ex officio members; and three members who shall be appointed by the Governor of North Carolina. All of said members shall serve without compensation."
SECTION 8.  G.S. 106‑568.37 reads as rewritten:
"§ 106‑568.37.  Report on use of assessments.
The Board of Directors of the Tobacco Associates, Incorporated shall make an annual written report of the financial transactions and a financial statement concerning the receipts and disbursements of the revenue from the assessment. A copy of the report shall be provided by the Board of Directors of the Tobacco Associates, Incorporated to the Commissioner of Agriculture, the Dean of the College of Agriculture and Life Sciences at North Carolina State University, the North Carolina Farm Bureau Federation, the North Carolina State Grange, the North Carolina Agribusiness Council, Inc., and the Bright Belt Warehouse Association."
SECTION 9.  G.S. 113‑291.10(a) reads as rewritten:
"(a)	There is established the Beaver Damage Control Advisory Board. The Board shall consist of nine members, as follows:
(1)	The Executive Director of the North Carolina Wildlife Resources Commission, or his designee, who shall serve as chair;
(2)	The Commissioner of Agriculture and Consumer Services, or a designee;
(3)	The Director of the Division of Forest Resources of the Department of Environment and Natural Resources, or a designee;
(4)	The Director of the Division of Soil and Water Conservation of the Department of Environment and Natural Resources, or a designee;
(5)	The Director of the North Carolina Cooperative Extension Service, or a designee;
(6)	The Secretary of Transportation, or a designee;
(7)	The State Director of the Wildlife Services Division of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture, or a designee;
(8)	The President of the North Carolina Farm Bureau Federation, Inc., or a designee, representing private landowners;
(9)	A representative of the North Carolina Forestry Association; and
(10)	The Executive Director of the North Carolina Agribusiness Council, or a designee."
SECTION 10.  G.S. 120‑150 reads as rewritten:
"§ 120‑150.  Creation; appointment of members.
There is created an Agriculture and Forestry Awareness Study Commission. Members of the Commission shall be citizens of North Carolina who are interested in the vitality of the agriculture and forestry sectors of the State's economy. Members shall be as follows:
(1)	Three appointed by the Governor;
(2)	Three appointed by the President Pro Tempore of the Senate;
(3)	Three appointed by the Speaker of the House;
(4)	The chairman of the House Agriculture Committee;
(5)	The chairman of the Senate Agriculture Committee;
(6)	The Commissioner of Agriculture or the Commissioner's designee;
(7)	A member of the Board of Agriculture designated by the chairman of the Board of Agriculture;
(8)	The President of the North Carolina Farm Bureau Federation, Inc., or the President's designee;
(9)	The Master of the North Carolina State Grange or the Master's designee;
(10)	The Secretary of Environment and Natural Resources or the Secretary's designee; 
(11)	The President of the North Carolina Forestry Association, Inc., or the President's designee; and
(12)	The Executive Director of the North Carolina Agribusiness Council, or a designee.
Members shall be appointed for two‑year terms beginning October 1 of each odd‑numbered year. The cochairmen of the Commission shall be the chairmen of the Senate and House Agriculture Committees respectively."
SECTION 11.  G.S. 143‑215.74B reads as rewritten:
"§ 143‑215.74B.  Committee established.
Detailed plans for implementing the program shall be reviewed and suggested changes and reasons therefor shall be given by a committee consisting of the Master of the North Carolina State Grange, the Executive Director of the North Carolina Agribusiness Council, Inc., the President of the North Carolina Farm Bureau Federation, the North Carolina Commissioner of Agriculture, the Dean of the School of Agriculture and Life Sciences at North Carolina State University, the Dean of the School of Agriculture at North Carolina Agricultural and Technical State University, the Chairman of the State Soil and Water Conservation Commission, the President of the North Carolina Association of Soil and Water Conservation Districts, the Executive Director of the Wildlife Resources Commission or a designee, and the Director of the Division of Marine Fisheries or a designee. The committee shall review the program prior to expenditure of any funds for the program. Certification documenting the committee's review of the program shall be made in writing to the Speaker of the House of Representatives, the President of the Senate, the Chairmen of the Appropriations Committees of the Senate and the House of Representatives, the Director of the Fiscal Research Division of the Legislative Services Office, and the Legislative Library."
SECTION 12.  This act is effective when it becomes law.