GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 873

HOUSE BILL 1

 

AN ACT TO AUTHORIZE STUDIES BY THE LEGISLATIVE RESEARCH COMMISSION, TO CREATE AND CONTINUE VARIOUS COMMITTEES AND COMMISSIONS, TO MAKE APPROPRIATIONS THEREFOR, AND TO AMEND STATUTORY LAW.

 

The General Assembly of North Carolina enacts:

PART I.  TITLE

Section 1.  This act shall be known as "The Study Commissions and Committees Act of 1987."

*****

An outline of the provisions of the act follows this section. The outline shows the heading "---CONTENTS/INDEX---" and lists by general category the descriptive captions for the various sections and groups of sections that compile the act.

 ---CONTENTS/INDEX---

This outline is designed for reference only, and the outline and the corresponding entries throughout the act in no way limit, define, or prescribe the scope or application of the text of the act.  The listing of the original bill or resolution in the outline of this act is for reference purposes only and shall not be deemed to have incorporated by reference any of the provisions contained in the original bill or resolution.

PART II.---LEGISLATIVE RESEARCH COMMISSION STUDIES

Sec. 2.1

Sec. 2.2

Sec. 2.3

Sec. 2.4

Sec. 2.5

Sec. 2.5A

Sec. 2.6

Sec. 2.7

PART III.---REGIONAL TEACHERS OF THE YEAR COMMISSION

(H.B. 84 - Chapin).

Sec. 3.1

Sec. 3.2

Sec. 3.3

Sec. 3.4

Sec. 3.5

PART IV.---STATE VACCINE STUDY COMMISSION

(H.B. 252 - Hall).

Sec. 4.1

Sec. 4.2

Sec. 4.3

Sec. 4.4

Sec. 4.5

Sec. 4.6

Sec. 4.7

PART V.---PROPERTY TAX STUDY COMMITTEE

(H.B. 414 - McAlister).

Sec. 5.1

Sec. 5.2

Sec. 5.3

Sec. 5.4

Sec. 5.5

Sec. 5.6

Sec. 5.7

Sec. 5.8

PART VI.---STATE PROPERTY STUDY COMMITTEE

(H.B. 446 - Edwards, S.B. 295 - Goldston).

Sec. 6.1

Sec. 6.2

Sec. 6.3

Sec. 6.4

Sec. 6.5

PART VII.---STATE PARKS STUDY COMMISSION

(H.B. 646 - Crawford, N., S.B. 424 - Barnes).

Sec. 7.1

Sec. 7.2

Sec. 7.3

Sec. 7.4

Sec. 7.5

Sec. 7.6

PART VIII.---SOCIAL SERVICES STUDY COMMISSION

(H.B. 678 - Etheridge, B.).

Sec. 8.1

Sec. 8.2

Sec. 8.3

Sec. 8.4

Sec. 8.5

Sec. 8.6

Sec. 8.7

Sec. 8.8

Sec. 8.9

Sec. 8.10

Sec. 8.11

PART IX.---WORKPLACE DRUG TESTING STUDY COMMISSION

(H.B. 775 - Fitch).

Sec. 9.1

Sec. 9.2

Sec. 9.3

Sec. 9.4

Sec. 9.5

Sec. 9.6

Sec. 9.7

Sec. 9.8

Sec. 9.9

Sec. 9.10

PART X.---ADOLESCENT PREGNANCY STUDY COMMISSION

(H.B. 836 - Jeralds).

Sec. 10.1

Sec. 10.2

Sec. 10.3

Sec. 10.4

Sec. 10.5

Sec. 10.6

Sec. 10.7

PART XI.---EXECUTIVE AND LEGISLATIVE SALARY STUDY COMMISSION

(H.B. 1044 - Greenwood).

Sec. 11.1

Sec. 11.2

Sec. 11.3

Sec. 11.4

Sec. 11.5

Sec. 11.6

PART XII.---WORKER TRAINING TRUST FUND STUDY COMMISSION

(H.B. 1317 - Enloe).

Sec. 12.1

Sec. 12.2

Sec. 12.3

Sec. 12.4

Sec. 12.5

Sec. 12.6

PART XIII.---COMMISSION ON AGING

(H.B. 1350 - Edwards, S.B. 56 - Hunt, W.).

Sec. 13.1

Sec. 13.2

PART XIIIA.---CORPORATE LAW STUDY COMMISSION

(H.B. 1409 - Hall, S.B. 950 - Ezzell).

Sec. 13A.1

Sec. 13A.2

Sec. 13A.3

Sec. 13A.4

Sec. 13A.5

Sec. 13A.6

Sec. 13A.7

PART XIV.---STATE COMPUTER STUDY COMMISSION

(H.B. 1430 - Hunter).

Sec. 14.1

Sec. 14.2

Sec. 14.3

Sec. 14.4

Sec. 14.5

Sec. 14.6

Sec. 14.7

Sec. 14.8

Sec. 14.9

PART XV.---KINDERGARTEN STUDY/GOVERNMENTAL OPERATIONS

(H.B. 1477 - Etheridge, B.).

Sec. 15.1

Sec. 15.2

PART XVI.---PUBLIC HOSPITAL STUDY COMMISSION

(H.B. 1568 - Etheridge, B.).

Sec. 16.1

Sec. 16.2

Sec. 16.3

Sec. 16.4

Sec. 16.5

Sec. 16.6

Sec. 16.7

Sec. 16.8

Sec. 16.9

Sec. 16.10

Sec. 16.11

Sec. 16.12

Sec. 16.13

PART XVII.---TALL STRUCTURE/AIRPORT STUDY COMMISSION

(H.B. 1947 - Mavretic).

Sec. 17.1

Sec. 17.2

Sec. 17.3

Sec. 17.4

Sec. 17.5

Sec. 17.6

Sec. 17.7

PART XVIII.---SECONDARY SCHOOLS STUDY/GOVERNMENTAL

OPERATIONS

(H.B. 2062 - Watkins).

Sec. 18.1

Sec. 18.2

PART XIX.---SCHOOL DROPOUT STUDY/GOVERNMENTAL OPERATIONS

Sec. 19.1

Sec. 19.2

PART XIXA.---JUDICIAL SELECTION STUDY COMMISSION

(S.B. 31 - Hipps).

Sec. 19A.1

Sec. 19A.2

Sec. 19A.3

Sec. 19A.4

Sec. 19A.5

Sec. 19A.6

Sec. 19A.7

PART XX.---MOVIE INDUSTRY STUDY COMMISSION

(S.B. 157 - Block).

Sec. 20.1

Sec. 20.2

Sec. 20.3

Sec. 20.4

Sec. 20.5

Sec. 20.6

Sec. 20.7

PART XXI.---MENTAL HEALTH STUDY COMMISSION

(S.B. 190 - Harris).

Sec. 21.1

Sec. 21.2

Sec. 21.3

Sec. 21.4

PART XXII.---RANDLEMAN LAKE PROJECT STUDY COMMISSION

(S.B. 194 - Seymour).

Sec. 22.1

Sec. 22.2

Sec. 22.3

Sec. 22.4

Sec. 22.5

Sec. 22.6

PART XXIII.---EARLY EDUCATIONAL PROGRAM STUDY COMMISSION

(S.B. 312 - Conder).

Sec. 23.1

Sec. 23.2

Sec. 23.3

Sec. 23.4

Sec. 23.5

Sec. 23.6

Sec. 23.7

Sec. 23.8

Sec. 23.9

PART XXIV.---PROPERTY TAX APPRAISAL STUDY COMMISSION

(S.B. 737 - Sands).

Sec. 24.1

Sec. 24.2

Sec. 24.3

Sec. 24.4

Sec. 24.5

Sec. 24.6

Sec. 24.7

Sec. 24.8

Sec. 24.9

PART XXV.---COMMISSION ON CHILDREN AND YOUTH

(S.B. 787 - Hipps).

Sec. 25.1

Sec. 25.2

PART XXVI.---ADOPTIONS/SURROGATE PARENTHOOD STUDY

COMMISSION

(S.B. 871 - Rand).

Sec. 26.1

Sec. 26.2

Sec. 26.3

Sec. 26.4

Sec. 26.5

Sec. 26.6

Sec. 26.7

Sec. 26.8

Sec. 26.9

PART XXVII.---SEAFOOD STUDY COMMISSION

(S.B. 881 - Barnes).

Sec. 27.1

Sec. 27.2

Sec. 27.3

Sec. 27.4

Sec. 27.5

Sec. 27.6

Sec. 27.7

PART XXVIII.---YOUTH SUICIDE STUDY COMMISSION

(S.B. 989 - Hunt, W.).

Sec. 28.1

Sec. 28.2

Sec. 28.3

Sec. 28.4

Sec. 28.5

Sec. 28.6

Sec. 28.7

Sec. 28.8

Sec. 28.9

Sec. 28.10

Sec. 28.11

Sec. 28.12

PART XXIX.---HIGHWAY STUDY COMMISSION

(S.B. 1192 - Goldston).

Sec. 29.1

Sec. 29.2

Sec. 29.3

Sec. 29.4

Sec. 29.5

Sec. 29.6

Sec. 29.7

Sec. 29.8

Sec. 29.9

PART XXX.---TAX FAIRNESS STUDY COMMISSION

(S.B. 1247 - Rand).

Sec. 30.1

Sec. 30.2

Sec. 30.3

Sec. 30.4

Sec. 30.5

Sec. 30.6

Sec. 30.7

PART XXXA.---APPROPRIATION FOR SURVEY FOR VETERANS'

CEMETERIES

Sec. 30A.1

PART XXXB.---SCHOOL EMPLOYEES SALARY COMMISSION

Sec. 31B.1

PART XXXI.---EFFECTIVE DATE

Sec. 31

 

PART II.---LEGISLATIVE RESEARCH COMMISSION

Sec. 2.1.  The Legislative Research Commission may study the topics listed below.  Listed with each topic is the 1987 bill or resolution that originally proposed the issue or study and the name of the sponsor.  The Commission may consider the original bill or resolution in determining the nature, scope and aspects of the study.  The topics are:

(1)       Continuation of the Study of Revenue Laws (H.J.R. 13-Lilley),

(2)       Acquired Immune Deficiency Syndrome-AIDS (H.J.R. 72 Jones),

(3)       Applied Design School Feasibility  (H.J.R. 118-Easterling),

(4)       Continuation of the Study on the Problems of the Aging (H.J.R. 156-Edwards; S.R.J. 54-Hunt,W.),

(5)       Continuation of Study of State Personnel System (H.J.R. 247-Stamey; S.J.R. 178-Hunt, W.),

(6)       Farmland Preservation Techniques and Policy (H.J.R. 355-Beall),

(7)       Day Care (H.J.R. 595-Colton; S.J.R. 360-Tally),

(8)       State Schools for Hearing- and Sight-Impaired Children (H.J.R. 811-Jeralds),

(9)       Modern Family (H.J.R. 964-Perdue),

(10)     Types of High School Diplomas (H.J.R. 981-Chalk),

(11)     Corporate Income Taxation (H.B. 999-Mothershead),

(12)     Tourism's Growth and Effect (H.J.R. 1010-Perdue; S.B. 1328-Barker),

(13)     Economic Development and Recruiting  (H.B. 1097-Hightower),

(14)     Control of Development around Small Public Water Supply Reservoirs (H.J.R. 1103-Hackney),

(15)     Public School Teacher Career Development Pilot Program (H.B. 1183-McLaughlin),

(16)     Unruly Students (H.B. 1221-Brawley),

(17)     State Permitting of Septic Tank Systems (H.J.R. 1238-Redwine).

(18)     Continuation of Study of Coastal Water Quality (H.B.1252-Stamey),

(19)     Historic Preservation (H.J.R. 1257-Colton; S.J.R. 874-Walker),

(20)     Military Justice Code for National Guard (H.B. 1265-Alexander),

(21)     Need for a State Department of Housing (H.J.R. 1303-Fitch),

(22)     Money Market Funds Treatment under the Intangibles Tax (H.B. 1344-Lineberry),

(23)     Campaign and Election Procedures (H.B. 1533- Crawford,N.),

(24)     State Buildings' Maintenance (H.B. 1606-Crawford,N.; S.B. 1012-Goldston),

(25)     Pest Control (H.B. 1752-Holt),

(26)     Attorney General's Staff (H.J.R. 1818-Anderson; S.J.R. 1157-Marvin),

(27)     State Government Leasing of Office Space (H.J.R. 1819-Anderson; S.J.R. 1085-Marvin),

(28)     Animal Welfare Act (H.B. 1850-Stamey),

(29)     Housing Discrimination (H.B. 1965-Barnes),

(30)     Sports Laws (H.B. 2093-Miller),

(31)     Outdoor Drama Funding (H.B. 2107-Holt),

(32)     Disadvantaged Business Contracts Financed by State Funds (H.B. 2130-Hardaway),

(33)     State Contracts with Small Businesses (H.B. 2131-Hardaway),

(34)     Continuation of Interest Rate Regulation Study (S.B. 203-Johnson, J.),

(35)     Wellness Program for State Employees (S.J.R. 357-Sherron),

(36)     Low-level Radioactive Waste Management (S.B. 359-Tally),

(37)     Solid Waste Management (S.J.R. 362-Speed),

(38)     Safe Roads Act Study (S.B. 509-Harris),

(39)     Inactive Hazardous Sites Protection (S.B. 517-Smith),

(40)     Interbasin Water Transfer (S.J.R. 855-Hardison),

(41)     Care Provided by Rest Homes, Intermediate Care Facilities, and Skilled Nursing Homes (S.J.R. 856-Harris),

(42)     Ombudsman Study (S.B. 857-Harris),

(43)     Tax Collector Sell Auto Tags Study (S.B. 877-Swain),

(44)     Emergency Care Volunteers Network (S.J.R. 880-Sherron),

(45)     DHR Liability Insurance (S.B. 1009-Ward),

(46)     State Publications' Need, Function, Effectiveness and Distribution (S.B. 1119-Martin,R.),

(47)     Viability of Inland Waters and Severance Tax on Phosphate Rock Mining (S.B. 1167-Thomas),

(47A)  Hunter's Safety/Wildlife Study,

(47B)  The Acquisition of Abandoned Railroad Rights of Way or Easements by the State of N.C.,

(47C)  Child Support Enforcement,

(47D)  Watershed Protection (H.B. 1203-Fussell),

(47E)  Automobile Insurance (H.B. 2159-Beard),

(47F)  Interstate Banking (H.B. 1924-Diamont),

(48)     Ferries (S.B. 1174-Basnight), and

(49)     Oregon Inlet Navigation, Dredging and Stabilization (S.B. 1176-Basnight).

Sec. 2.2.  Farm Issues (H.B. 1055-Locks).  The Legislative Research Commission is authorized to study issues related to the preservation of farmers and farming, including the following issues:

(1)       Whether there should be a mechanism for the mediation of farm debts;

(2)       Whether the owner of agricultural land that has been sold pursuant to execution or foreclosure should have a right of first refusal in the sale or lease of the land;

(3)       Whether the owner of agricultural land that has been sold pursuant to execution or foreclosure should have a right to partially redeem the land;

(4)       Whether there should be additional State regulation to limit health hazards facing farmers;

(5)       Whether there should be further legal protection for contract farmers;

(6)       How additional public support can be generated for alternatives to traditional farm enterprises such as producing tobacco, corn, and soybeans;

(7)       Which of the following approaches will lead to the preservation of farmland:

(a)       Existing and proposed national, state, and local programs,

(b)       Voluntary agricultural districting,

(c)       Purchase and transfer of development rights,

(d)       Conservancy work, and

(e)       County planning;

(8)       The fiscal impact of public capital investments on farm and county finances.

Sec. 2.3.  Veterans Preference in State Employment (H.B. 1133-Cunningham).  The Legislative Research Commission may study the advisability of strengthening the preference to be accorded veterans in State employment.

Sec. 2.4.  Gerontology (H.B. 384-Nye).  The Legislative Research Commission may study the issue of gerontology as it relates to economics, health-related matters, independent living, and long-term care.

Sec. 2.5.  Leaking Underground Storage Tanks (H.B. 1304-Wicker).  The Legislative Research Commission may study issues relating to underground storage tanks, including liability and compensation for environmental damage resulting from leaking tanks.

Sec. 2.5A.  Parental Leave (H.B. 965 - Kennedy).  The Legislative Research Commission may study all aspects of granting parental leave in employment.

Sec. 2.6.  Reporting Dates.  For each of the topics the Legislative Research Commission decides to study under this act or pursuant to G.S. 120-30.17(1), the Commission may report its findings, together with any recommended legislation to the 1989 General Assembly.

Sec. 2.7.  Bills and Resolution References.  The listing of the original bill or resolution in this Part is for reference purposes only and shall not be deemed to have incorporated by reference any of the substantive provisions contained in the original bill or resolution.

 

PART III.---REGIONAL TEACHERS OF THE YEAR COMMISSION

Sec. 3.1.  There is created in the General Assembly the Regional Teachers of the Year Commission.  The Commission shall consist of 24 members appointed as follows:

(1)       The Teacher of the Year for the 1987-88 school year from each of the eight education regions in the State shall serve until the Commission makes its final report to the 1989 General Assembly upon its convening.

(2)       The Teacher of the Year for the 1986-87 year from each of the eight education regions in the State shall serve until the 1988-89 Teacher of the Year from that region is appointed; when the 1988-89 Teacher of the Year for a region is appointed, he shall replace the 1986-87 teacher and shall serve until the Commission makes its final report to the 1989 General Assembly upon its convening.

(3)       Four members of the Senate appointed by the President of the Senate shall serve until the Commission makes its final report to the 1989 General Assembly upon its convening.

(4)       Four members of the House of Representatives appointed by the Speaker of the House of Representatives shall serve until the Commission makes its final report to the 1989 General Assembly upon its convening.

(5)       The President of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Commission.

Sec. 3.2.  The Commission shall study issues related to public school policy that are referred to it by the President of the Senate or Speaker of the House of Representatives. The Commission may also, in its discretion, study any issues related to public school policy.  The Commission shall make a final report to the 1989 General Assembly prior to January 1, 1989.

Sec. 3.3.  With the prior approval of the Legislative Services Commission, the Legislative Services Office shall provide necessary professional and clerical assistance to the Commission.  The Commission may also hold its meetings in the legislative buildings with the prior approval of the Legislative Services Commission.

Sec. 3.4.  Members of the Commission who are members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1.  Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6.  All other members of the Commission shall be paid per diem and allowances at the rates set forth in G.S. 138-5.

Sec. 3.5.  There is appropriated from the General Fund to the General Assembly for the 1987-88 fiscal year the sum of ten thousand dollars ($10,000) and for the 1988-89 fiscal year the sum of ten thousand dollars ($10,000) for the operations of the Regional Teachers of the Year Commission.

 

PART IV.---STATE VACCINE STUDY COMMISSION

Sec. 4.1.  There is created a North Carolina State-Administered Vaccine Manufacturing Study Commission which shall study the feasibility of establishing State-administered vaccine manufacturing, as well as any other related issues, in order to determine the best way to assure that all the children of this State receive vital vaccines at a reasonable cost.

Sec. 4.2.  The Commission shall consist of nine members.  One shall be the State Health Director, serving ex officio as a voting member.  Four members shall be appointed by the Speaker of the House of Representatives as follows:

(1)       Two shall be members of the House of Representatives at the time of their appointment; and

(2)       Two shall be involved in health care, either as health care providers, health care faculty, or health care business representatives.

Four members shall be appointed by the President of the Senate as follows:

(1)       Two shall be members of the Senate at the time of their appointment; and

(2)       Two shall be involved in health care, either as health care providers, health care faculty, or health care business representatives.

Sec. 4.3.  The Speaker of the House of Representatives and the President of the Senate shall each select a cochairman for the Commission.  Either cochairman may preside at the meeting.  The members shall serve until the termination of the Commission.  If a vacancy occurs in the membership, the appointing authority shall appoint another person to serve the balance of the unexpired term in the same manner in which the original appointment was made.

Sec. 4.4.  Legislative members of the Commission shall be reimbursed at the rates established in G.S. 120-3.1.  Commission members who are State officers or employees shall be reimbursed at the rates set forth in G.S. 138-6.  All other Commission members shall receive compensation and reimbursement for travel and subsistence at the rate set out in G.S.138-5.  All this reimbursement shall be paid from funds available to the Commission.  Upon receiving the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building.

Sec. 4.5.  State departments and agencies shall provide the Commission any information and assistance it considers necessary.  The Commission's professional staff may be provided by the Legislative Services Commission.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of clerical staff shall be borne by the Commission.

Sec. 4.6.  The Commission shall make its written report to the General Assembly upon its convening in 1989, and shall terminate upon this presentation.

Sec. 4.7.  There is appropriated from the General Fund to the Legislative Services Commission the sum of fifteen thousand dollars ($15,000) for fiscal year 1987-88, to implement this Part.

 

PART V.---PROPERTY TAX STUDY COMMITTEE

Sec. 5.1.  Study committee established; membership.  There is established a Property Tax System Study Committee.  The Committee shall consist of 16 members who are legislators at the time of their appointment and six other members as provided below.  The President of the Senate shall appoint eight members of the Senate, and the Speaker of the House shall appoint eight members of the House of Representatives to serve on the Committee.  To aid the Committee in its study of the property tax system, six additional members shall be appointed as follows:  the Speaker of the House shall appoint three members, one of whom is a county commissioner, one a county tax official, and one a citizen representing the public at large; and the President of the Senate shall appoint three members, one of whom is a county commissioner, one an elected municipal official, and one a citizen representing the public at large.  All appointments shall be made in time for the Committee to begin its work by October 1, 1987.  The Speaker and President of the Senate shall jointly call the first meeting to be held on a date no later than October 1, 1987.

Sec. 5.2.  Selection of cochairmen; vacancies.  The President of the Senate and the Speaker of the House of Representatives shall each designate one of the legislative members appointed by them as cochairman.  Original members appointed to the Committee shall serve until the Committee makes its final report.  Vacancies on the Committee shall be filled in the same manner as the original appointments were made.

Sec. 5.3.  Subject of study.  The Committee shall make a detailed and comprehensive study of the efficiency, effectiveness, and fairness of the property tax system in North Carolina.  The Committee shall examine all classes of property comprising the property tax base; all exemptions, exclusions, and preferential classifications; and the valuation of public service company property to determine whether the property tax system is just and equitable in taxing the citizens of the State.  The Committee shall review current procedures for listing and collecting taxes on personal and real property to determine how to increase the efficiency and equity of these procedures.  The Committee shall examine the octennial revaluation system and evaluate the feasibility of any programs that would aid the counties in conducting more frequent revaluations.

Sec. 5.4.  Reports; termination.  On or before March 1, 1989, the Committee shall submit a final written report of its recommendations to the General Assembly by filing the report with the Speaker of the House and President of the Senate.  If legislation is recommended, the Committee shall submit appropriate bills with its report.  The Committee shall terminate upon filing its final report.

Sec. 5.5.  Staffing.  The Committee shall consult with tax officials in State and local government.  With the prior approval of the Legislative Services Commission, the Committee may obtain clerical and professional assistance from the Legislative Services Office.   The Committee may also obtain assistance from the Department of Revenue.

Sec. 5.6.  Meeting place.  With the prior approval of the Legislative Services Commission, the Committee shall meet in the State Legislative Building or in the Legislative Office Building.

Sec. 5.7.  Members' reimbursement.  Committee members who are legislators shall be paid subsistence and travel allowances at the rates established for members of the General Assembly in G.S. 120-3.1.  Other Committee members shall be paid subsistence and travel allowances at the rates established in G.S. 138-5.

Sec. 5.8.  Funding.  The expenses of the Committee shall be paid from funds collected by the Department of Revenue under Article 7, Chapter 105 of the General Statutes.  The funds expended shall be deducted as in G. S. 105-213(a) for the costs of administering the intangibles tax.  Committee expenses shall be limited to a maximum of seventy-five thousand dollars ($75,000).

 

PART VI.---STATE PROPERTY STUDY COMMITTEE

Sec. 6.1.  There is established the Legislative Study Committee on State-owned Property.  The Committee shall consist of six members of the Senate appointed by the President of the Senate and six members of the House of Representatives appointed by the Speaker of the House of Representatives.  The President of the Senate and the Speaker of the House of Representatives shall each appoint a cochairman from their appointees.

Sec. 6.2.  The Committee shall study:

(1)       The current system of planning for the space needs of the State and the allocation and current use of State-owned property;

(2)       The need for more coordinated management of or central management of State-owned capital assets;

(3)       The current system of making capital budget decisions, including decisions on whether to lease space or use State-owned space;

(4)       The current capital facilities construction procedures; and

(5)       Any related issues the Committee deems appropriate.

Sec. 6.3.  The Committee shall make a final report to the 1989 General Assembly.  The Committee shall terminate upon making its final report.

Sec. 6.4.  Upon the prior approval of the Legislative Services Commission, the Committee may obtain staff assistance from the Legislative Services Office.  The members may meet in the legislative buildings.  The Committee members may be paid allowances in accordance with G.S. 120-3.1.

Sec. 6.5.  There is appropriated from the General Fund to the General Assembly the sum of twenty thousand dollars ($20,000) for the 1987-88 fiscal year for the study authorized in this Part.  Funds not used for this purpose during the 1987-88 fiscal year shall remain available for expenditure for the 1988-89 fiscal year.

 

PART VII.---STATE PARKS STUDY COMMISSION

Sec. 7.1.  There is created a Study Commission on State Parks and Recreation Areas to be composed of nine members: three Senators to be appointed by the President of the Senate, three Representatives to be appointed by the Speaker of the House, and three public members to be appointed by the Governor.  Appointments to the Study Commission shall be made within 30 days subsequent to the adjournment of the General Assembly in 1987.  The President of the Senate and the Speaker of the House shall each designate a cochairman from their appointees.  Either cochairman may call the first meeting of the Study Commission.  With the prior approval of the Legislative Services Commission, the Study Commission may hold its meetings in the legislative buildings.

Sec. 7.2.  The Study Commission is authorized:

(a)       To identify the needs of State Parks and Recreation Areas;

(b)       To review and formulate recommended legislation;

(c)       To collect and evaluate reports and recommendations of various agencies, councils, and associations relating to State Parks and Recreation Areas; and

(d)       To study any other issues pertinent to the State Parks and Recreation System.

Sec. 7.3.  With the prior approval of the Legislative Services Commission, the Study Commission shall use available employees, both secretarial and professional, of the General Assembly or may employ such employees as the Study Commission deems proper.  The cochairmen may assign and direct the activities of the employees, subject to the advice of the Study Commission.  The Department of Natural Resources and Community Development and any other departments, boards, or associations shall assist the Study Commission and furnish any information or expertise requested.

Sec. 7.4.  The Study Commission shall file a written report of its findings and recommendations with the presiding officer of the House of Representatives and the Senate on or before February 15, 1989.  Upon the filing of the report, the Study Commission shall terminate.

Sec. 7.5.  Members of the Study Commission shall serve without compensation, but they shall be paid such per diem and travel expenses in accordance with G.S. 138-5.  Members who are legislators shall be reimbursed for travel and subsistence expenses in accordance with G.S. 120-3.1.

Sec. 7.6.  There is appropriated from the General Fund to the General Assembly the sum of twenty thousand dollars ($20,000) for the fiscal year 1987-88 for the expenses of the Study Commission on State Parks and Recreation Areas.

 

PART VIII.---SOCIAL SERVICES STUDY COMMISSION

Sec. 8.1.  Social Services Study Commission; establishment.  There is established the Social Services Study Commission, an independent commission to study public social services and public assistance in North Carolina, and to recommend improvements that will assure that North Carolina has cost effective, consistently administered public social services and public assistance for its people.

Sec. 8.2.  Social Services Study Commission; duties.  The Commission shall study and recommend any improvements to public social services and public assistance that the Commission considers necessary and appropriate.  The study and recommendations shall include assessments of the administration, cost, efficiency, quality, effectiveness, scope, and availability of public social services and public assistance in the State and each of the counties.

Sec. 8.3.  Social Services Study Commission; membership.  The Commission shall consist of 17 voting and four non-voting members.  The Speaker of the House of Representatives shall appoint seven voting members, five of whom shall be House members, one of whom shall be a county commissioner, and one of whom shall be a low income recipient of social services or public assistance benefits.  The President of the Senate shall appoint seven voting members, five of whom shall be Senators, one of whom shall be a county social services director, and one of whom shall be an advocate for low income people who is familiar with social services and public assistance programs.  The Governor shall appoint three voting members, one of whom shall be the Secretary of Human Resources or his designee, one of whom shall be an officer or director of a private social services agency, and one of whom shall be a business representative who is involved in a local Private Industry Council.  The Speaker of the House of Representatives and the President of the Senate shall each appoint two non-voting members who shall be involved in the administration of or funding for social services and public assistance programs.

Sec. 8.4.  Initial appointments shall be made within 30 days following adjournment of the 1987 Regular Session of the 1987 General Assembly.  Vacancies shall be filled by the official who made the initial appointment.  The same criteria apply to appointments made to fill vacancies as apply to initial appointments.

Sec. 8.5.  The President of the Senate and the Speaker of the House of Representatives shall each appoint a co-chair of the Commission.  The co-chair shall preside at alternate meetings.

Sec. 8.6.  Commission members shall receive no salary for their services but shall receive subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, G.S. 138-5, and G.S. 138-6, as applicable.

Sec. 8.7.  Social Services Study Commission; meetings;  report; staffing.  The Commission's first meeting shall be held by October 1, 1987.  The Commission shall meet at least once a month.  The co-chair may call additional meetings.

Sec. 8.8.  The Commission shall report quarterly to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office.  The Commission shall make a final written report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President of the Senate by January 1, 1989.  The Commission shall terminate upon the filing of this report.

Sec. 8.9.  The Commission may solicit, employ, or contract for professional, technical, and clerical assistance, and may purchase or contract for the materials and services it needs.  Subject to the approval of the Legislative Services Commission, the professional and clerical staff resources of the Legislative Services Office shall be available to the Commission and the Commission may meet in the Legislative Building or the Legislative Office Building.  With the consent of the Secretary of Human Resources, staff from the Department of Human Resources and any of its divisions may be assigned permanently or temporarily to assist the Commission or its staff.

Sec. 8.10.  Upon request of the Commission or its staff, all State departments and agencies and all local governmental agencies shall furnish the Commission or its staff with any information in their possession or available to them.

Sec. 8.11.  There is appropriated from the General Fund to the Legislative Services Commission the sum of one hundred thousand dollars ($100,000) for fiscal year 1987-88 to implement this Part.

 

PART IX.---WORKPLACE DRUG TESTING STUDY COMMISSION

Sec. 9.1. There is created a Study Commission on the Uniform Regulation of Substance Abuse Testing.

Sec. 9.2.  The Commission shall consist of 14 members.  The President of the Senate shall appoint seven members, including three members of the Senate, two representatives of business and industry in the State, one representative of the interest of State or public employees, and one representative of employees in private industry or private employee groups.  The Speaker of the House of Representatives shall appoint seven members, including three members of the House of Representatives, two representatives of business and industry in the State, one representative of the interest of State or public employees, and one representative of employees in private industry or private employee groups.

Sec. 9.3.  The Commission may call upon other agencies of State government including the Department of Labor and may seek input from medical and scientific resources who are knowledgeable concerning drug testing in the workplace and the Division of Health Services.

Sec. 9.4.  All appointments shall be made no later than October 1, 1987.

Sec. 9.5.  The President of the Senate and the Speaker of the House shall each appoint a cochairman from the membership of the Commission. Either cochairman may call the first meeting.

Sec. 9.6.  The Commission shall examine existing drug testing of applicants for employment and employees in the workplace.  The Commission may recommend procedures or regulations for the administration of drug tests by employers that would protect both employer and employee.  The Commission may recommend legislation that addresses the problems associated with the establishment of uniform standards for the use of drug testing in the workplace.

Sec. 9.7.  The Commission shall submit a written report to the 1989 General Assembly upon its convening.  Upon the filing of the report, the Study Commission shall terminate.

Sec. 9.8.  With the prior approval of the Legislative Services Commission, necessary professional and clerical assistance shall be provided by the Legislative Services Commission.  The Legislative Services Commission may also enter into contracts for the provision of technical assistance it finds necessary for the performance of its responsibilities under this Part.

Sec. 9.9. Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses in accordance with G.S. 120-3.1.  All other members of the Commission shall be paid the per diem allowances in accordance with G.S. 138-5.

Sec. 9.10.  There is appropriated from the General Fund to the General Assembly the sum of twenty thousand dollars ($20,000) for the 1987-88 fiscal year to fund the study authorized by this Part.

 

PART X.---ADOLESCENT PREGNANCY STUDY COMMISSION

Sec. 10.1.  The Adolescent Pregnancy Study Commission is created. The Commission shall consist of 14 members:

(1)       Four Senators appointed by the President of the Senate;

(2)       Four Representatives appointed by the Speaker of the House; and

(3)       Six non-legislators: three appointed by the President of the Senate to include one health educator, one public health official or public health provider, and one public school student; and three appointed by the Speaker of the House to include one school board member, one public school student, and one member of the general public. All initial appointments shall be made by September 15, 1987. Vacancies on the Adolescent Pregnancy Study Commission shall be filled in the same manner as initial appointments.

Sec. 10.2.  The President shall designate one Senator as Cochair and the Speaker shall designate one Representative as Cochair. The Cochairs shall call the initial meeting of the Adolescent Pregnancy Study Commission.

Sec. 10.3.  The Adolescent Pregnancy Study Commission shall study the subjects of adolescent pregnancy and teaching about adolescent sexuality. The Adolescent Pregnancy Study Commission shall monitor and evaluate the State's efforts in the areas of adolescent pregnancy and teaching about adolescent sexuality. Specifically, the Adolescent Pregnancy Study Commission shall monitor and evaluate the adolescent pregnancy programs funded with appropriations by the 1985 and 1987 General Assemblies; and it shall monitor and evaluate family life education under the Basic Education Program.

Sec. 10.4.  The Adolescent Pregnancy Study Commission shall submit a report of its findings and recommendations to the 1988 Session of the 1987 General Assembly and shall submit a report to the 1989 General Assembly on or before the first day of the 1989 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives. Upon filing its final report, the Adolescent Pregnancy Study Commission shall terminate.

Sec. 10.5.  Upon approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional staff to assist in the work of the Adolescent Pregnancy Study Commission.  Clerical staff shall be furnished to the Adolescent Pregnancy Study Commission through the offices of the House and Senate Supervisors of Clerks. The expenses of employment of the clerical staff shall be borne by the Adolescent Pregnancy Study Commission. The Adolescent Pregnancy Study Commission may meet in the Legislative Building or the Legislative Office Building with approval of the Legislative Services Commission.

Sec. 10.6.  Members of the Adolescent Pregnancy Study Commission shall be paid subsistence and travel allowances as follows:

(1)       Adolescent Pregnancy Study Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;

(2)       Adolescent Pregnancy Study Commission members who are also officials or employees of the State at the rate established in G.S. 138-6;

(3)       All other Adolescent Pregnancy Study Commission members at the rate established in G.S. 138-5.

Sec. 10.7.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1987-88 the sum of thirty thousand dollars ($30,000) to fund the Adolescent Pregnancy Study Commission. Unexpended funds at the end of the 1987-88 fiscal year do not revert but shall remain in the budget to fund the Adolescent Pregnancy Study Commission until it terminates.

 

PART X1.---EXECUTIVE AND LEGISLATIVE SALARY STUDY COMMISSION

Sec. 11.1.  There is established the Commission to Study the Salary and Compensation of Executive Branch Officers and Members of the General Assembly.  The Commission shall consist of 14 members appointed as follows:

three members of the House of Representatives and three persons who are not members of the General Assembly, appointed by the Speaker of the House of Representatives;

three members of the Senate and three persons who are not members of the General Assembly appointed by the President Pro Tempore of the Senate;

a member of the Governor's Cabinet appointed by the Governor; and

a member of the Council of State as designated by the Secretary of State.

A cochairman of the Commission shall be named from among its membership by the Speaker of the House of Representatives and a cochairman of the Commission shall be named from among its membership by the President Pro Tempore of the Senate.

Sec. 11.2.  Upon the approval of the Legislative Services Commission, the  Commission may meet in the Legislative Building and the Legislative Office Building.  With the approval of the Legislative Services Commission, the Legislative Services Office shall provide professional and clerical staff to the Commission.

Sec. 11.3.  The initial meeting shall be called by the cochairmen.

Sec. 11.4.  Members of the Commission who are members of the General Assembly shall receive subsistence and travel allowances as provided by G.S. 120-3.1.  Members who are State officers or employees shall receive subsistence and travel allowances as provided by G.S. 138-6.  All other members shall receive per diem, subsistence, and travel allowances as provided by G.S. 138-5.

Sec. 11.5.  The Commission shall study the salary and compensation of members of the Council of State, the Governor's Cabinet, and  the General Assembly, and shall report its findings to the General Assembly on or before June 1, 1988.

Sec. 11.6.  There is appropriated from the General Fund to the General Assembly for fiscal year 1987-88 the sum of fifty thousand dollars ($50,000) for the use of the Commission.

 

PART XII.---WORKER TRAINING TRUST FUND STUDY COMMISSION

Sec. 12.1.  The North Carolina Worker Trust Fund Study Commission is created.  The Commission shall consist of 10 members. The President of the Senate shall appoint five members, at least one of whom shall not be a senator.  The Speaker of the House shall appoint five members, at least one of whom shall not be a representative.  All initial appointments shall be made no later than September 15, 1987.  Vacancies on the Commission shall be filled in the same manner as initial appointments.  The President of the Senate and the Speaker of the House shall appoint cochairmen from among the membership of the Commission.

Sec. 12.2.  The Commission shall:

(1)       Study and document the needs of displaced and dislocated workers for education and training;

(2)       Recommend viable training programs directed toward enhancing the employability of workers;

(3)       Study and document the needs for school-to-work transition activities and programs;

(4)       Design a plan for the distribution of any refunds to employers that it finds are warranted; and

(5)       Study the need of the Employment Security Commission for continued and stable funding to maintain the operation of its local offices.

 

PART XIII.---COMMISSION ON AGING

Sec. 13.1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:

"Article 21.

"The North Carolina Study Commission on Aging.

"§ 120-180.  Commission; creation.-The North Carolina Study Commission on Aging is created to study and evaluate the existing system of delivery of State services to older adults and to recommend an improved system of delivery to meet the present and future needs of older adults.  This study shall be a continuing one and the evaluation ongoing, as the population of older citizens grows and as old problems faced by older citizens magnify and are augmented by new problems.

"§ 120-181.  Commission; duties.-The Commission shall study the issues of availability and accessibility of health, mental health, social, and other services needed by older adults.  In making this study the Commission shall:

(1)       Study the needs of older adults in North Carolina;

(2)       Assess the current status of the adequacy and of the delivery of health, mental health, social, and other services to older adults;

(3)       Collect current and long range data on the older adult population and disseminate this data on an ongoing basis to agencies and organizations that are concerned with the needs of older adults;

(4)       Develop a comprehensive data base relating to older adults, which may be used to facilitate both short and long range agency planning for services for older adults and for delivery of these services;

(5)       Document and review requests of federal, State, regional, and local governments for legislation or appropriations for services for older adults, and make recommendations after review;

(6)       Evaluate long-term health care and its non-institutional alternatives;

(7)       Propose a plan for the development and delivery of State services for older adults that, if implemented, would, over 10 years, result in a comprehensive, cost-effective system of services for older adults;

(8)       Study all issues and aspects of gerontological concerns and problems, including but not limited to Alzheimer's Disease; and

(9)       Carry out any other evaluations the Commission considers necessary to perform its mandate.

"§ 120-182.  Commission; membership.-The Commission shall consist of 17 members, as follows:

(1)       The Secretary of the Department of Human Resources or his delegate shall serve ex officio as a non- voting member;

(2)       Eight shall be appointed by the Speaker of the House of Representatives, five being members of the House of Representatives at the time of their appointment, and at least two being planners for or providers of health, mental health, or social services to older adults; and

(3)       Eight shall be appointed by the President of the Senate, five being members of the Senate at the time of their appointment, and at least two being planners for or providers of health, mental health, or social services to older adults.

Any vacancy shall be filled by the appointing authority who made the initial appointment and by a person having the same qualifications.  All initial appointments shall be made within one calendar month from the effective date of this Article.  Members' terms shall last for two years.  Members may be reappointed for two consecutive terms and may be appointed again after having been off the Commission for two years.

"§ 120-183.  Commission; meetings.-The Commission shall have its initial meeting no later than October 1, 1987, at the call of the President of the Senate and Speaker of the House.  The President of the Senate and the Speaker of the House of Representatives shall appoint a cochairman each from the membership of the Commission.  The Commission shall meet upon the call of the cochairmen.

"§ 120-184.  Commission; reimbursement.-The Commission members shall receive no salary as a result of serving on the Commission but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, G.S. 138-5 and G.S. 138-6, as applicable.

"§ 120-185.  Commission; public hearings.-The Commission may hold public meetings across the State to solicit public input with respect to the issues of aging in North Carolina.

"§ 120-186.  Commission; authority.-The Commission has the authority to obtain information and data from all State officers, agents, agencies and departments, while in discharge of its duties, pursuant to the provisions of G.S. 120-19, as if it were a committee of the General Assembly.  The Commission shall also have the authority to call witnesses, compel testimony relevant to any matter properly before the Commission, and subpoena records and documents, provided that any patient record shall have patient identifying information removed.  The provisions of G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Commission as if it were a joint committee of the General Assembly.  In addition to the other signatures required for the issuance of a subpoena under this section, the subpoena shall also be signed by the cochairmen of the Commission.  Any cost of providing information to the Commission not covered by G.S. 120-19.3 may be reimbursed by the Commission from funds appropriated  to it for its continuing study.

"§ 120-187.  Commission; reports.-The Commission shall report to the General Assembly and the Governor the results of its study and recommendations.  A written report shall be submitted to each bienniel session of the General Assembly at its convening.

"§ 120-188.  Commission; staff; meeting place.-The Commission may contract for clerical or professional staff or for any other services it may require in the course of its on-going study. At the request of the Commission, the Legislative Services Commission may supply members of the staff of the Legislative Services Office and clerical assistance to the Commission as the Legislative Services Commission considers appropriate.

The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building."

Sec. 13.2.  There is appropriated from the General Fund to the Legislative Services Commission the sum of fifty thousand dollars ($50,000) for the 1987-88 fiscal year and the sum of fifty thousand dollars ($50,000) for the 1988-89 fiscal year, to fund  the first two years of the Commission's study established by this Part.

 

PART XIIIA.---CORPORATE LAW STUDY COMMISSION

Sec. 13A.1.  There is established the Commission to Revise the Business Corporation Act.  The Commission shall be composed of eight members, as follows:

(1)       Three members of the House of Representatives appointed by the Speaker of the House of Representatives;

(2)       One non-legislator appointed by the Speaker of the House of Representatives, who is knowledgeable about business law;

(3)       Three members of the Senate appointed by the President of the Senate;

(4)       One non-legislator appointed by the President of the Senate, who is knowledgeable about business law;

Sec. 13A.2.  A cochairman of the Commission shall be named from among its membership by the Speaker of the House of Representatives and a cochairman of the Commission shall be named from among its membership by the President of the Senate.

Sec. 13A.3.  Upon the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building and the Legislative Office Building.  The Department of Justice shall provide professional and clerical staff to the Commission.

Sec. 13A.4.  The initial meeting shall be called by the cochairman.

Sec. 13A.5.  Members of the Commission who are members of the General Assembly shall receive subsistence and travel allowances as provided by G.S. 120-3.1.  Members who are State officers or employees shall receive subsistence and travel allowances as provided by G.S. 138-6.  All other members shall receive per diem, subsistence, and travel allowances as provided by G.S. 138-5.

Sec. 13A.6.  The Commission shall review the Business Corporation Act and recommend such rewrite or recodification as is necessary to modernize that act, and shall report its findings to the General Assembly on or before June 1, 1988.  The Commission shall terminate upon the filing of the report.

Sec. 13A.7.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1987-88 the sum of fifteen thousand dollars ($15,000) for the use of the Commission to Revise the Business Corporation Act.

 

PART XIV.---STATE COMPUTER STUDY COMMISSION

Sec. 14.1.  The State Information Processing Needs and Cost Study Commission is created.  The Commission shall consist of three members of the Senate appointed by the President of the Senate; three members of the House of Representatives appointed by the Speaker of the House of Representatives; one citizen of the State of North Carolina who has a background in and familiarity with information systems or data communications appointed by the President of the Senate; and one citizen of the State of North Carolina who has a background in and familiarity with information systems or data communications appointed by the Speaker of the House of Representatives.  All initial appointments shall be made by September 15, 1987.  Vacancies on the Commission shall be filled in the same manner as initial appointments.

Sec. 14.2.  The President of the Senate shall designate one Senator as cochairman and the Speaker of the House of Representatives shall designate one Representative as cochairman.  The cochairmen shall call the initial meeting of the Commission.

Sec. 14.3.  The Commission shall study:

(1)       Policies and procedures at the State Information Processing Services and other executive agencies governing computer equipment purchase and lease contracts, equipment maintenance contracts, software support and maintenance contracts, contract programming services, and data communication contracts;

(2)       Opportunities for containing the State's cost of computer equipment purchase and lease contracts, equipment maintenance contracts, software support and maintenance contracts, contract programming services, and data communication contracts;

(3)       Current charge structures for information processing in North Carolina State government, particularly charge structures at the State Information Processing Services;

(4)       Information systems use and needs in North Carolina State government;

(5)       Potential demands for additional information staff, equipment, software, data communications, and consulting services in North Carolina State government in the next 10 years;

(6)       Abilities of executive agencies to analyze, project, and plan State government's information needs and capabilities; and

(7)       Policies and organizational structures used in other states to contain government information processing costs and the potential use of those policies and structures in North Carolina State government.

Sec. 14.4  Upon the Commission's request, all State departments and agencies shall provide the Commission with documentation of data processing systems and other information deemed necessary by the Commission.

Sec. 14.5.  The Commission shall submit a final report on the topics mentioned above, other findings, and recommendations for legislation before the first day of the 1989 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.

Sec. 14.6.  Upon approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional staff to assist in the work of the Commission.  The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may meet in the Legislative Building or the Legislative Office Building, upon approval of the Legislative Services Commission.

Sec. 14.7.  During the course of its study, the Commission may at its discretion and upon approval of the Legislative Services Commission, hire consultants to provide technical assistance to it and the Commission's staff.

Sec. 14.8.  Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1.  Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6.  All other members of the Commission shall be paid per diem and allowances at the rates set forth in G.S. 138-5.

Sec. 14.9.  There is appropriated from the General Fund to the General Assembly the sum of seventy-five thousand dollars ($75,000) for fiscal year 1987-88 to fund the State Information Processing Needs and Cost Study Commission.  These funds shall not revert at the end of the 1987-88 fiscal year but shall remain available for use by the Commission until its termination.

 

PART XV.---KINDERGARTEN STUDY/GOVERNMENTAL OPERATIONS

Sec. 15.1.  The Joint Legislative Commission on Governmental Operations shall study kindergartens in the public schools.  The study shall include:

(1)       A review of the literature identifying developmentally appropriate educational practices at the kindergarten level.  These practices shall include instructional content, instructional strategies, use of preschool screening, organization of the classroom, organization of the school day, and articulation between kindergarten and first grade programs.

(2)       Investigation of other variables such as entry age, the certification of current kindergarten teachers, and teacher satisfaction with child progress.  These additional variables shall be decided upon by the Joint Legislative Commission on Governmental Operations.

(3)       Selection of a representative sample of kindergarten classes in North Carolina.  The sample may be stratified on variables decided upon by the Joint Legislative Commission on Governmental Operations.

(4)       Development of a survey instrument to be sent to kindergarten teachers for completion.  The survey shall include the factors listed in (1) and (2) above.

(5)       Thorough data collection activities, including follow-up activities necessary to generate an acceptable rate of return.

(6)       Data analysis activities designed to determine the extent to which current educational practices in North Carolina kindergarten classes match practices identified as developmentally appropriate, and to relate variables such as teacher certification and teacher satisfaction with child progress with developmentally appropriate practices.

(7)       Selection of a sample of the surveyed kindergarten classes for the purpose of making classroom observations.  The classroom observations shall be designed to verify the survey data and to provide more in-depth information about the extent to which current educational practices at the kindergarten level are developmentally appropriate.

(8)       Development and presentation of a report on this study.

The Joint Legislative Commission on Governmental Operations may hire a consultant to assist it in the study.  The consultant shall have expertise in early intervention or kindergarten programs.

Sec. 15.2.  There is appropriated from the General Fund to the General Assembly, the sum of one hundred fifty thousand dollars ($150,000) for the 1987-88 fiscal year for the study mandated in this Part.  The cochairmen of the Joint Legislative Commission on Governmental Operations, in their discretion, may use such additional funds appropriated to the General Assembly as they deem necessary to complete the study mandated by this Part.

 

PART XVI.---PUBLIC HOSPITAL STUDY COMMISSION

Sec. 16.1.  There is created the Study Commission on Survival of Public Hospitals.

Sec. 16.2.  Duties of the Commission.  The Commission shall make a comprehensive study of the need of public hospitals in North Carolina to pursue innovative delivery and financial arrangements in order to compete with other providers of health care in the changing health care environment.  The issues to be examined by the Commission include:

(1)       What has caused the growth of a more competitive health care environment;

(2)       How the growth of a more competitive health care environment has affected public hospitals in North Carolina;

(3)       Whether public hospitals diversify the way in which they deliver health care in order to meet the needs of the people they serve, including indigents, and their medical staffs, and to fulfill their mission;

(4)       Which hospitals in the State are public hospitals owned and controlled by local governmental units and how that relationship is organized;

(5)       How the operations and capital expenditures of public hospitals owned and controlled by local governments are currently financed;

(6)       What constitutional, statutory, and case law restrictions prevent public hospitals from making the fullest use of their resources in competing with nonpublic providers of health care;

(7)       What constitutional, statutory, and case law restrictions prevent public hospitals or the local governmental units that own and control them from participating in or financing innovative arrangements for the provision of health care with private persons or entities; and

(8)       How diversified activities should be organized and financed.

Sec. 16.3.  The Commission shall study the issues listed above, as well as related issues, in preparing its report and recommendations.

Sec. 16.4.  Appointment of members.  The Commission shall consist of 17 members, as follows:

(1)       The State Treasurer or his designee;

(2)       Two members of the Senate to be appointed by the President of the Senate;

(3)       Two members of the House of Representatives to be appointed by the Speaker of the House;

(4)       One representative of the business community to be appointed by the President of the Senate from nominee(s) submitted by the North Carolina Citizens for Business and Industry;

(5)       One representative of the small business community (employers with fewer than 50 employees) to be appointed by the Speaker of the House from nominee(s) submitted by the National Federation of Independent Business, North Carolina Chapter;

(6)       Two county commissioners from counties that own and control public hospitals, with one commissioner to be chosen by the President of the Senate and one by the Speaker of the House from nominee(s) submitted by the North Carolina Association of County Commissioners;

(7)       Two Chief Executive Officers of public hospitals, with one executive to be appointed by the President of the Senate and one by the Speaker of the House from nominee(s) submitted by the North Carolina Hospital Association;

(8)       Two trustees of public hospitals, with one trustee to be appointed by the President of the Senate and one to be appointed by the Speaker of the House from nominee(s) submitted by the North Carolina Hospital Association;

(9)       Two attorneys who represent public hospitals, with one attorney to be appointed by the President of the Senate and one to be appointed by the Speaker of the House;

(10)     One director of a health policy and administration program to be appointed by the President of the Senate; and

(11)     One advocate for low income people who is familiar with indigent health care issues to be appointed by the Speaker of the House.

Sec. 16.5.  All members to the Commission shall be appointed no later than September 15, 1987.

Sec. 16.6.  Any vacancy in the membership shall be filled to serve the balance of the unexpired term by the appointing authority in the same manner in which the original appointment was made.  The members shall serve until the termination of the Commission and the Commission shall terminate upon the filing of its report with the General Assembly.

Sec. 16.7.  Cochairmen.  The President of the Senate and the Speaker of the House of Representatives shall each appoint a chairman.  The cochairmen shall preside alternately at all of the meetings.  The cochairmen shall call the first meeting of the Commission, which shall be held no later than October 1, 1987.

Sec. 16.8.  Subsistence and travel expense.  Commission members shall receive no salary for their service but shall receive reimbursement for subsistence and travel.  Legislator members shall be reimbursed for subsistence and travel at the rates established in G.S. 120-3.1; Commission members who are State officers or employees shall be reimbursed for subsistence and travel at the rates set forth in G.S. 138-6; and all other Commission members shall be reimbursed for subsistence and travel pursuant to G.S. 138-5.  All such reimbursement shall be from funds appropriated or donated to the Commission.

Sec. 16.9.  Facilities and staff.  At the request of the Commission, the Legislative Services Commission may supply members of the professional staff of the Legislative Services Office and clerical assistance to the Commission as it deems appropriate.  The Commission may also employ such professional and clerical staff as it deems necessary to the performance of its duties.  With approval of the Legislative Services Commission, the Commission may meet in the State Legislative Building or Legislative Office Building.

Sec. 16.10.  State agencies; powers; costs of information.  State departments and agencies shall provide the Commission any assistance and information it deems necessary.  The Commission shall have the authority, as if it were a Committee of the General Assembly, pursuant to G.S. 120-19 through G.S. 120-19.7, to call witnesses, compel testimony relevant to any matter before the Commission, and subpoena records and documents, provided that any patient record shall have identifying information removed.  This includes the authority to obtain information from all State officers, employees, agencies and departments needed for discharge of its duties pursuant to G.S. 120-19 as if it were a Committee of the General Assembly.  Any cost of providing information not reimbursed pursuant to G.S. 120-19.3 may be reimbursed by the Commission from funds appropriated to it.

Sec. 16.11.  Report and recommendations.  The Commission shall submit a written report containing the results of its study and recommendations, including recommended legislation, to the 1989 General Assembly upon its convening.

Sec. 16.12.  There is appropriated from the General Fund to a Reserve for the Study Commission on Survival of Public Hospitals in the Office of State Treasurer the sum of ten thousand dollars ($10,000) for the 1987-88 fiscal year, to fund this Part.

Sec. 16.13.  In addition, the Commission is authorized to accept and expend donations from private persons, corporations, foundations, or other entities in furtherance of its study and preparation of its report and recommendations.

 

PART XVII.---TALL STRUCTURE/AIRPORT STUDY COMMISSION

Sec. 17.1.  There is established the Commission to Study Height Limitations Near Public-Use Airports. The Commission shall be composed of 12 members, as follows:

(1)       Four members of the House of Representatives appointed by the Speaker of the House of Representatives;

(2)       Two other persons appointed by the Speaker of the House of Representatives, one representing the broadcasting industry and one representing the North Carolina League of Municipalities;

(3)       Four members of the Senate appointed by the President of the Senate;

(4)       Two other persons appointed by the President of the Senate, one of whom is a representative of the Airport Management Association and one of whom is a representative of the North Carolina Association of County Commissioners.

Sec. 17.2.  A cochairman of the Commission shall be named from among its membership by the Speaker of the House of Representatives and a cochairman of the Commission shall be named from among its membership by the President of the Senate.

Sec. 17.3.  Upon the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building and the Legislative Office Building.  The Legislative Services Office shall provide professional and clerical staff to the Commission.

Sec. 17.4.  The initial meeting shall be called by the cochairmen.

Sec. 17.5.  Members of the Commission who are members of the General Assembly shall receive subsistence and travel allowances as provided by G.S. 120-3.1.  Members who are State officers or employees shall receive subsistence and travel allowances as provided by G.S. 138-6.  All other members shall receive per diem, subsistence, and travel allowances as provided by G.S. 138-5.

Sec. 17.6.  The Commission shall study the necessity of limiting the height of structures in the vicinity of public-use airports, and shall report its findings to the 1989 General Assembly upon its convening.  The Commission shall terminate upon the filing of that report.

Sec. 17.7.  There is appropriated from the General Fund to the General Assembly for fiscal year 1987-88 the sum of twenty thousand dollars ($20,000) for the use of the Commission to Study Height Limitations Near Public-Use Airports.

 

PART XVIII.---SECONDARY SCHOOLS STUDY/GOVERNMENTAL

OPERATIONS

Sec. 18.1.  (a) Although North Carolina is dedicated to educational reform through the Basic Education Program at all levels, it has been 13 years since a study of secondary education in the State has been completed.  Given the importance of providing an excellent education for secondary-aged students and of retaining as many students as possible through high school graduation, it is necessary to study the current status of secondary education in North Carolina and consequently to make recommendations to the State Board of Education for improvement of current practices.  Therefore, the Joint Legislative Commission on Governmental Operations shall conduct a study to determine the status of secondary schools in North Carolina.  The purpose of this study shall be to make recommendations for the improvement of secondary education that are based on findings regarding the current status.

(b)       The Joint Legislative Commission on Governmental Operations may hire a consultant to direct this study.

(c)       Specific activities of the study shall include:

(1)       A review of the literature identifying factors associated with effective secondary schools.

(2)       Input from nationally-known experts in the field of secondary education on factors associated with effective secondary schools and on factors which are critical to obtaining a comprehensive portrait of secondary education in North Carolina.  Such factors shall include, but not be limited to:  curricular offerings, scheduling alternatives, student evaluation methods, graduation requirements, extracurricular activities, instructional methods, and experimental programs.

(3)       Selection of a representative sample of all secondary schools (grades 9-12) in North Carolina.  Such sample may be stratified according to size or other relevant variable(s) as decided upon by the consultant in conjunction with the Joint Legislative Commission.

(4)       Development of a survey instrument to be sent to the school principal (or his/her designee) for completion.  Such survey shall include the factors listed in (2) above.

(5)       Thorough data collection activities, including mailing and follow-up activities necessary to generate an acceptable rate of return.

(6)       Data analysis activities designed to determine the extent to which these factors exist in North Carolina's secondary schools and the extent to which existence of these factors varies by the stratification variables used.

(7)       Development and presentation of a report on this survey.

(d)       The study shall begin no later than October 1, 1987, and the final report shall be presented no later than May 15, 1988.

Sec. 18.2.  There is appropriated from the General Fund to the General Assembly the sum of one hundred fifty thousand dollars ($150,000) for fiscal year 1987-88 for the study mandated by this Part.  The cochairmen of the Joint Legislative Commission on Governmental Operations may in their discretion use such additional funds appropriated to the General Assembly as they deem necessary to complete the study mandated by this Part.

 

PART XIX.---SCHOOL DROPOUT STUDY/GOVERNMENTAL OPERATIONS

Sec. 19.1.  (a) Although the holding power of the secondary school has improved, thousands of North Carolina youth, from backgrounds and having all ability levels, continue to drop out of school before completing their planned course of study.  Additionally, there are students who remain in school but find secondary programs too stereotyped and largely meaningless.  On the other hand, other students find satisfaction and challenge in attending school and consequently remain until they graduate.  Given the importance of retaining as many students as possible through graduation, it is necessary to determine what school-based factors facilitate or impede the graduation of high percentages of secondary-aged students.  Therefore, the Joint Legislative Commission on Governmental Operations shall study secondary schools to determine what factors are associated with high and low dropout rates in North Carolina schools.

(b)       The Joint Legislative Commission on Governmental Operations may hire a consultant to direct this study.

(c)       Specific activities of the study shall include:

(1)       A literature review identifying those factors in the literature that are associated with high and low dropout rates;

(2)       Input from nationally-known experts in the field of secondary education or dropout prevention;

(3)       Development of statements synthesizing the literature and expert opinion regarding factors potentially associated with high and low dropout rates;

(4)       Development of a site visit protocol which incorporates these factors in the data collection effort;

(5)       The selection of four schools in North Carolina that have high dropout rates and of four schools that have low dropout rates, such that the schools are as evenly matched as possible with regard to size, socio-economic status of students, and any other variables thought important;

(6)       Site visits to each of the eight schools for the purpose of reviewing pertinent documents, and interviewing principals, teachers, students, support service personnel, and parents in accordance with the previously developed site visit protocols;

(7)       Analysis of the data so as to identify any patterns of factors that separate the high dropout schools from the low dropout schools; and

(8)       Development and presentation of a report on this study.  The report shall identify those current policies, procedures, and practices that should be continued since they appear related to retention of students in secondary schools and shall also identify those that should be discontinued since they appear related to relatively high proportion of dropouts in secondary schools.

(d)       The study shall begin no later than October 1, 1987, and the final report shall be presented no later than May 15, 1988.

Sec. 19.2.  There is appropriated from the General Fund to the General Assembly the sum of one hundred fifty thousand dollars ($150,000) for fiscal year 1987-88 for the study mandated by this Part.  The cochairmen of the Joint Legislative Commission on Governmental Operations may in their discretion use such additional funds appropriated to the General Assembly as they deem necessary to complete the study mandated by this Part.

 

PART XIXA.---JUDICIAL SELECTION STUDY COMMISSION

Sec. 19A.1.  There is created a Judicial Selection Study Commission, to be composed of 20 members.  The Governor shall appoint four members, at least two of whom shall be members of the General Assembly, at least two of whom shall be attorneys licensed to practice in North Carolina, and at least two of whom may not be attorneys.  The Lieutenant Governor shall appoint four members, all of whom shall be members of the Senate.  The Speaker of the House of Representatives shall appoint four members, all of whom shall be members of the House of Representatives.  The Chief Justice shall appoint four members, one of whom shall be a Supreme Court Justice, one of whom shall be a Court of Appeals Judge, one of whom shall be a Superior Court Judge, and one of whom shall be a District Court Judge.  The Attorney General shall appoint four members, two of whom shall be attorneys licensed to practice in North Carolina, and two of whom may not be attorneys.

Sec. 19A.2.  The Commission should study the method of selecting Judges in North Carolina and recommend any changes needed to improve the system.

Sec. 19A.3.  The President of the Senate and the Speaker of the House shall each designate a cochairman of the Commission.

Sec. 19A.4.  The Commission may meet in the Legislative Building upon approval of the Legislative Services Commission and will be staffed by the Legislative Services Commission.

Sec. 19A.5.  The Commission shall report its findings, and its recommendations for changes in the method for selection and retention of judges in North Carolina, if any, by February 15, 1989, to the Governor, the General Assembly, the Chief Justice, and the Attorney General.  It may also make an interim report to those parties before the 1988 Session of the General Assembly.

Sec. 19A.6.  The members of the Commission shall receive the same per diem and reimbursement for travel expenses as members of the General Assembly.

Sec. 19A.7.  There is appropriated from the General Fund to the Judicial Selection Study Commission the sum of twenty-five thousand dollars ($25,000) for the 1987-1988 fiscal year to implement the provisions of this Part.

 

PART XX.---MOVIE INDUSTRY STUDY COMMISSION

Sec. 20.1.  The Motion Picture Industry Study Commission is created.  The Commission shall consist of 20 members:  10 persons appointed by the President of the Senate and 10 persons appointed by the Speaker of the House.  All initial appointments shall be made by September 15, 1987.  Vacancies on the Commission shall be filled in the same manner as initial appointments.

Sec. 20.2.  The President of the Senate and the Speaker shall jointly call the initial meeting of the Commission.

Sec. 20.3.  The Commission shall study the relationship of the State of North Carolina to the motion picture industry, and recommend ways the State can encourage the location of more of the industry in this State. The Commission shall also recommend an ongoing process for an interface between the industry and the State and its local governments.

Sec. 20.4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1989 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.

Sec. 20.5.  Upon the approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks. The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may meet in the Legislative Building or the Legislative Office Building, upon the approval of the Legislative Services Commission.

Sec. 20.6.  Members of the Commission shall be paid subsistence and travel allowances as follows:

(1)       Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;

(2)       Commission members who are also officials or employees of the State at the rate established in G.S. 138-6;

(3)       All other Commission members at the rate established in G.S. 138-5.

Sec. 20.7.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1987-88 the sum of fifty thousand dollars ($50,000) to fund the Commission created by this Part.

 

PART XXI.---MENTAL HEALTH STUDY COMMISSION

Sec. 21.1.  The Mental Health Study Commission, established and structured by 1973 General Assembly Resolution 80; Chapter 806, 1973 Session Laws; Chapter 185, 1975 Session Laws; Chapter 184, 1977 Session Laws; Chapter 215, 1979 Session Laws; 1979 General Assembly Resolution 20; Chapter 49, 1981 Session Laws, Chapter 268, Session Laws of 1983, and Chapter 792, Session Laws of 1985, is revived and authorized to continue in existence until July 1, 1989.

Sec. 21.2.  The continued Mental Health Study Commission shall have all the powers and duties of the original Study Commission as they are necessary to continue the original study, to assist in the implementation of the original and succeeding Study Commission recommendations and to plan further activity on the subject of the study.

Sec. 21.3.  Members and staff of the continued Mental Health Study Commission shall receive compensation and expenses as under the original authorization in the 1973 General Assembly Resolution 80.  Expenses of the Commission shall be expended by the Department of Human Resources from Budget Code 14460 subhead 1110.

Sec. 21.4.  In addition to other studies authorized by law, the Mental Health Study Commission shall:

(1)       Have oversight, and review and make recommendations regarding the implementation of the Child Mental Health and Youth Substance Abuse Plans;

(2)       Have oversight, review, and make recommendations regarding pioneer testing of funding policies;

(3)       Examine the needs of North Carolina citizens suffering from severe and persistent mental illness and develop a comprehensive plan to provide a continuum of care to respond to those needs.  The study and plan shall address:  the need for development of appropriate community-based services, the quality of care and future role of regional psychiatric facilities, appropriate services for patients with serious criminal or violent behavior problems, continuity of care and interagency coordination of services, mental health insurance coverage, and other relevant concerns.

 

PART XXII.---RANDLEMAN LAKE PROJECT STUDY COMMISSION

Sec. 22.1.  Creation; membership.  The Legislative Commission on the Randleman Lake Project is created.  The Commission shall consist of ten members:  five members appointed by the Speaker of the House of Representatives, at least one of whom shall be a member of the governing board of the Piedmont Triad Regional Water Authority, and five members appointed by the President of the Senate, at least one of whom shall be a member of the governing board of the Piedmont Triad Regional Water Authority.  The appointing officers shall each name a cochairman from his appointees.  Vacancies shall be filled by the original appointing officers.  The Commission shall meet on the joint call of the cochairmen.

Sec. 22.2.  Staff, meeting place.  The Commission may hire its own professional staff. Upon the approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may meet in the State Legislative Building or the Legislative Office Building, upon the prior approval of the Legislative Services Commission.

Sec. 22.3.  Compensation of Commission members. Members of the Commission shall be paid subsistence and travel expenses as follows:

(1)       Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;

(2)       Commission members who are also officials or employees of the State at the rate established in G.S. 138-6;

(3)       All other Commission members at the rate established in G.S. 138-5.

Sec. 22.4.  Duties, reporting date. The Commission shall study:

(1)       The contractual responsibilities of State departments in developing and planning recreation and water supply projects for local governments;

(2)       Contracts required between the federal government and the State for the management of lands and waters of recreation and water supply projects;

(3)       The feasibility of the Randleman Lake Project to include federal, State, and local funding responsibilities, water supply, recreation, and flood control capability; and

(4)       The impact that development of the Randleman Lake Project may have on promoting tourism at the North Carolina Zoological Park in Asheboro.

Sec. 22.5.  The Commission shall report the findings and recommendations of its study to the General Assembly by February 1, 1989.

Sec. 22.6.  There is appropriated to the Legislative Service Office for the Legislative Commission on the Randleman Lake Project from the General Fund  the sum of fifteen thousand dollars ($15,000) for fiscal year 1987-88 and the sum of eight thousand dollars ($8,000) for fiscal year 1988-89 to implement the provisions of this Part.

 

PART XXIII.---EARLY EDUCATIONAL PROGRAM STUDY COMMISSION

Sec. 23.1.  There is created the Early Educational Program Study Commission.  The Commission shall consist of 10 members.  The President of the Senate shall appoint five members.  The Speaker of the House of Representatives shall appoint five members.

Sec. 23.2   All initial appointments shall be made on or before September 15, 1987.  Vacancies shall be filled in the same manner as initial appointments.

Sec. 23.3.  The President of the Senate and the Speaker of the House of Representatives shall each designate a cochairman of the Commission.  The cochairmen shall alternate as presiding officers at the meetings, so that one cochairman shall preside at one meeting and the other cochairman shall preside at the next meeting.

Sec. 23.4.  The Commission shall study State early educational programs, preschool services available to children and parents, the actual number of family day care providers, the types of preschool experiences available for three and four year old children, and the types of programs of other states, some of which may be a model for North Carolina.

Sec. 23.5.  The Commission's first meeting shall be called by the cochairmen on or before October 1, 1987.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1989 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives.  The Commission shall make a final report to the 1989 General Assembly upon its convening.  Upon filing its final report, the Commission shall terminate.

Sec. 23.6.  Upon the approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.

Sec. 23.7.  The Commission may also employ additional professional, technical, and clerical assistance for itself, hire consultants which it may need, and contract for materials and services needed to perform its duties, in accordance with procedures adopted by the Division of Purchase and Contract.  By request of the Commission or its consultants, all State departments and agencies shall furnish the Commission or its consultants with any information in their possession or available to them.  Upon the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building.

Sec. 23.8.  The Commission members shall receive no salary for their services but shall receive subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6 as applicable.

Sec. 23.9.  There is appropriated from the General Fund to the Legislative Services Commission for the 1987-88 fiscal year the sum of twenty-five thousand dollars ($25,000) to fund the Commission.

 

PART XXIV.---PROPERTY TAX APPRAISAL STUDY COMMISSION

Sec. 24.1.  Study commission established; membership.  There is established a Property Tax Appraisal Study Commission.  The Commission shall consist of 16 members who are legislators at the time of their appointment and six other members as provided below.  The President of the Senate shall appoint eight members of the Senate, and the Speaker of the House of Representatives shall appoint eight members of the House of Representatives to serve on the Commission.  To aid the Commission in its study of property tax appraisals, six additional members shall be appointed as follows:

(1)       The Speaker of the House shall appoint three members, one of whom is a county commissioner, one a county tax official, and one a citizen representing the public at large; and

(2)       The President of the Senate shall appoint three members, one of whom is a county commissioner, one an elected municipal official, and one a citizen representing the public at large.

Sec. 24.2.  All appointments shall be made in time for the Commission to begin its work by October 1, 1987.  The Speaker of the House of Representatives and President of the Senate shall jointly call the first meeting to be held on a date no later than October 1, 1987.

Sec. 24.3.  Selection of cochairs; vacancies.  The President of the Senate and the Speaker of the House of Representatives shall each designate one of the legislative members appointed by them as cochair of the Commission.  Original members appointed to the Commission shall serve until the Commission makes its final report.  Vacancies on the Commission shall be filled in the same manner as the original appointments were made.

Sec. 24.4.  Subject of study.  The Commission shall make a detailed and comprehensive study of the system for appraising and reappraising real property for ad valorem taxation in North Carolina.  The Commission shall examine all classes of real property in the property tax base and all aspects of the appraisal and reappraisal of the property, including standards for appraisal, dates for appraisal and reappraisal, methods of appraisal and reappraisal, effectiveness and fairness of appraisal in each county, administration of real property appraisal, and review and appeals of appraised valuations.  In examining the octennial revaluation system, the Commission shall evaluate the feasibility of any programs that would aid counties in conducting more frequent revaluations.

Sec. 24.5.  Reports; termination.  On or before March 1, 1989, the Commission shall submit a final written report of its recommendations to the General Assembly by filing the report with the Speaker of the House of Representatives and President of the Senate.  If legislation is recommended, the Commission shall submit appropriate bills with its report.  The Commission shall terminate upon filing its final report.

Sec. 24.6.  Staff.  The Commission shall consult with tax officials in State and local government.  With the prior approval of the Legislative Services Commission, the Commission may obtain clerical and professional assistance from the Legislative Services Office.  The Commission may also obtain assistance from the Department of Revenue.

Sec. 24.7.  Meeting place.  With the prior approval of the Legislative Services Commission, the Commission shall meet in the State Legislative Building or the Legislative Office Building.

Sec. 24.8.  Members' reimbursement.  Commission members who are legislators shall be paid subsistence and travel allowances at the rates established for members of the General Assembly in G.S. 120-3.1.  Other Commission members shall be paid subsistence and travel allowances at the rates established in G.S. 138-5.

Sec. 24.9.  Funds.  There is appropriated from the General Fund to the Legislative Services Commission the sum of twenty-five thousand dollars ($25,000) for the 1987-88 fiscal year to fund the Property Tax Appraisal Study Commission.  The funds shall not revert at the end of the 1987-88 fiscal year but shall remain available until the termination of the Study Commission.

 

PART XXV.---COMMISSION ON CHILDREN AND YOUTH

Sec. 25.1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:

"Article 12B.

"Commission on Children and Youth.

"§ 120-70.7.  Creation; appointment of members.-There is created a Commission on Children and Youth with 15 members to be appointed as follows:  five members by the President of the Senate, five members by the Speaker of the House of Representatives, and five by the Governor.  Of the members appointed by the President of the Senate, three shall be members of the Senate at the time of their appointment, one shall be an attorney, and one shall be a parent of a child under 16.  Of the members appointed by the Speaker of the House of Representatives, three shall be members of the House of Representatives at the time of their appointment, one shall be a physician licensed to practice in North Carolina and actively involved in the private practice of pediatrics, and one educator actively involved in special education.  Of the five appointed by the Governor, one shall be an attorney, one shall be an educator actively involved in the education of children, one shall be a parent of a child with special needs, one shall be a physician, and one shall be a member of the public.

"§ 120-70.8.  Time of appointments; terms of office.-Appointments to the Commission shall be made within 15 days subsequent to the close of each regular session of the General Assembly.  The term of office shall begin on the day of appointment, and shall end on the date when the next appointments are made.  Terms shall be for two years.  Members may be appointed for two consecutive terms and may be reappointed after being off the Commission for two years.  Vacancies occurring during a term shall be filled for the unexpired term by the officer who made the original appointment.

"§ 120-70.9.  Organization of Commission.-Upon its appointment, the Commission shall organize by electing from its membership a chairman and a vice-chairman.  The Commission shall meet at such times and places as the chairman shall designate.  With the approval of the Legislative Services Commission, the facilities of the State Legislative Building and the Legislative Office Building shall be available to the Commission.  The Commission is authorized to conduct hearings and to contract for and employ such clerical and other assistance, professional advice and services as may be deemed necessary in the performance of its duties, with the approval of the Legislative Services Commission.

"§ 120-70.10.  Members to serve without compensation; subsistence and travel expenses.-Members of the Commission shall serve without compensation but they shall be paid such subsistence, per diem, and travel expenses as are provided for members of State boards and commissions generally pursuant to G.S. 138-5 and G.S. 138-6.  The Commission shall be funded by the Legislative Services Commission from appropriations made to the General Assembly for that purpose.

"§ 120-70.11.  Assistance to Commission.-The Commission, in the performance of its duties, may request and shall receive from every department, board, bureau, agency, commission, or institution of this State, or from any political subdivision of the State, information, cooperation, and assistance.

"§ 120-70.12.  Duties of Commission.-The Commission is hereby authorized to:

(1)       Pursue an in-depth study of the services provided by other states for children.

(2)       Collect and evaluate for comprehensiveness existing legislation in North Carolina that is relevant to programs for children as well as pertinent reports, studies and findings from other states, national bodies, State agencies, advocacy groups, and other interested persons.

(3)       Collect and evaluate for comprehensiveness the reports and recommendations of the various agencies, councils, commissions, committees, and associations existing in North Carolina whose primary or partial duties are to make recommendations designed to affect services for children.

(4)       Monitor on a continuing basis the progress of the State as it moves toward meeting the service requirements for children with special needs.

(5)       Recommend legislation.

(6)       Evaluate budget trends.

"§ 120-70.13.  Reports to General Assembly.-The Commission shall make a written report to the General Assembly not later than February 1 of each odd-numbered year.  This report shall include an analysis of the Commission's study, including any legislative recommendations.

"§ 120-70.14.  Assistance of State Departments.-The Department of Human Resources, the Department of Public Education, the Department of Justice, and the Department of Crime Control and Public Safety are declared vital departments of State government to especially assist the Commission and to furnish it with information, and to the extent permitted by the Commission, to actively participate in the work and deliberations of the Commission."

Sec. 25.2.  There is appropriated from the General Fund to the Legislative Services Commission the sum of fifty thousand dollars ($50,000) for the 1987-88 fiscal year, to implement this Part.

 

PART XXVI.---ADOPTIONS/SURROGATE PARENTHOOD STUDY

COMMISSION

Sec. 26.1.  There is created the Adoptions and Surrogate Parenthood Study Commission.  The Commission shall consist of 25 members.  The President of the Senate shall appoint 10 members as follows:  four shall be members of the Senate; one shall be a county social services director; one shall be the director of a private licensed child placing agency; one shall be an attorney experienced in adoptions matters; one shall be a physician practicing medicine in North Carolina; one shall be an adoptions worker in a private licensed child placing agency; and one shall be a clerk of superior court.  The Speaker of the House of Representatives shall appoint 10 members as follows:  four shall be members of the House of Representatives; one shall be a county social services director; one shall be the director of a private licensed child placing agency; one shall be a member of the clergy; one shall be an attorney who represents an adoption agency; one shall be an adoptions worker in a county department of social services; and one shall be a clerk of superior court.  The Governor shall appoint five members as follows:  one shall be the Director of the North Carolina Division of Social Services or the Director's designee; one shall be an attorney on the staff of the Attorney General's office knowledgeable in adoptions law; one shall be an adoptive parent; one shall be the birth parent of a child placed for adoption; and one shall be an adopted person.

Sec. 26.2.  All initial appointments shall be made on or before September 15, 1987.  Vacancies shall be filled in the same manner as initial appointments.

Sec. 26.3.  The President of the Senate and the Speaker of the House of Representatives shall each designate a cochairman of the Commission.  The cochairmen shall alternate as presiding officers at the meetings.

Sec. 26.4.  The Commission shall study State adoptions practices, the adoptions statutes and related laws in North Carolina, and adoptions practices and laws of other states, some of which may be a model for North Carolina.  The Commission shall also study the issues relevant to surrogate parenthood to determine whether legal guidelines are needed to ensure that the needs and rights of parties who enter into surrogate parenthood arrangements are protected.

Sec. 26.5.  The Commission's first meeting shall be called by the cochairmen and held on or before October 1, 1987.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1989 Session of the General Assembly by filing the report with the President of the Senate, the Speaker of the House of Representatives, and the Governor.  Upon filing its final report, the Commission shall terminate. 

Sec. 26.6.  Upon the approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.

Sec. 26.7.  The Commission may also employ additional professional, technical, and clerical assistance for itself, hire consultants which it may need, and contract for materials and services needed to perform its duties, in accordance with procedures adopted by the Division of Purchase and Contract.  With consent of the Secretary of Human Resources, staff personnel from the Department of Human Resources and any of its divisions may be assigned permanently or temporarily to assist the Commission or its consultants.  By request of the Commission or its consultants, all State departments and agencies shall furnish the Commission or its consultants with any information in their possession or available to them.  The Commission may meet in the Legislative Building or the Legislative Office Building.

Sec. 26.8.  The Commission members shall receive no salary for their services but shall receive subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6 as applicable.

Sec. 26.9.  There is appropriated from the General Fund to the Legislative Services Commission for the 1987-88 fiscal year the sum of twenty-five thousand dollars ($25,000) to fund the Commission.  Unexpended funds at the end of the 1987-88 fiscal year shall not revert but shall remain in the budget to fund the Commission until it terminates.  Upon termination of the Commission, any unexpended funds shall revert to the General Fund.

 

PART XXVII.---SEAFOOD STUDY COMMISSION

Sec. 27.1.  The Seafood Study Commission is created.  The Commission shall consist of 11 members:  three Senators appointed by the President of the Senate; three Representatives appointed by the Speaker of the House; three members appointed by the Governor; and two members appointed by the Commissioner of  Agriculture.  All initial appointments shall be made by September 15, 1987.  Vacancies on the Commission shall be filled in the same manner as initial appointments.

Sec. 27.2.  The President shall designate one Senator as cochairman and the Speaker shall designate one Representative as cochairman.  The cochairmen shall call the initial meeting of the Commission.

Sec. 27.3.  The Commission shall study the current seafood industry in North Carolina.  This study shall include studies of the feasibility of increasing the State's production, processing, and marketing of seafood and of increasing the role of aquaculture in North Carolina.  The Commission may also consider any other issues relevant to the study of the State's seafood industry.

Sec. 27.4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1989 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.

Sec. 27.5.  Upon the approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may meet in the Legislative Building or the Legislative Office Building.

Sec. 27.6.  Members of the Commission shall be paid subsistence and travel allowances as follows:

(1)       Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;

(2)       Commission members who are also officials or employees of the State at the rate established in G.S. 138-6;

(3)       All other Commission members at the rate established in G.S. 138-5.

Sec. 27.7.  There is appropriated from the General Fund to the Legislative Services Commission for the 1987-88 fiscal year the sum of fifteen thousand dollars ($15,000) to fund the Commission.  Unexpended funds at the end of the 1987-88 fiscal year shall not revert but shall remain in the budget to fund the Commission until it terminates.  Upon termination of the Commission, any unexpended funds shall revert to the General Fund.

 

PART XXVIII.---YOUTH SUICIDE STUDY COMMISSION

Sec. 28.1.  There is created the Youth Suicide Study Commission.

Sec. 28.2.  Duties of the Commission.  The Commission shall study the issues and causal factors associated with the serious problem of youth suicide.  Among the issues to be studied are the following:

(1)       The causal factors of youth suicide;

(2)       The relationship of youth suicide to drug addiction and substance abuse;

(3)       The relationship between child abuse and suicidal behavior;

(4)       Effective monitoring of suicidal youth in county and State institutions;

(5)       Treatment and intervention programs for high risk youth;

(6)       State and federal funding for the prevention of youth suicide, and the treatment of high risk youth;

(7)       The extent to which coordination of services exists among State agencies and the scope of services provided regarding prevention and intervention; and

(8)       The necessity for a State plan for the development, coordination and delivery of a comprehensive system of services for high risk youth.

Sec. 28.3.  The Commission shall consist of 13 members, as follows:

(1)       The Secretary of Human Resources shall serve ex officio;

(2)       The Superintendent of Public Instruction shall serve ex officio;

(3)       Two members of the House of Representatives appointed by the Speaker of the House;

(4)       Two members of the Senate appointed by the President of the Senate;

(5)       One representative of the Mental Health Study Commission to be appointed by the Chairman of the Mental Health Study Commission;

(6)       Two members at large appointed by the Speaker of the House;

(7)       Two members at large appointed by the President of the Senate;

(8)       Two members at large appointed by the Governor.

Sec. 28.4.  Vacancies shall be filled in the same manner as initial appointments.  All initial appointments shall be made within one calendar month from the effective date of this act.

Sec. 28.5.  The Commission shall have its initial meeting no later than October 1, 1987, at the call of the Speaker of the House and the President of the Senate.  The Speaker of the House and the President shall each appoint a cochairman from the membership of the Commission.  The membership shall meet upon the call of the cochairmen.

Sec. 28.6.  The Commission members shall receive no salary for serving but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6 as applicable.

Sec. 28.7.  The Commission may hold public meetings across the State to solicit public input with respect to the issues of youth suicide.

Sec. 28.8.  The Commission shall have the authority to obtain information and data from all State officers, agents, agencies, and departments while in the discharge of its duties, pursuant to the provisions of G.S. 120-19 as if it were a committee of the General Assembly.  The Commission shall have the authority to call witnesses, compel testimony relevant to any matter properly before the Commission, and subpoena records and documents provided that any patient record shall have patient identifying information removed.  The provisions of G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Commission as if it were a joint committee of the General Assembly.  In addition to the other signatures required for the issuance of a subpoena under this section, the subpoena shall also be signed by the cochairmen of the Commission.  Any cost of providing information to the Commission not covered by G.S. 120-19.3 may be reimbursed by the Commission from funds appropriated by this act for the Commission's study.

Sec. 28.9.  The Commission shall report to the General Assembly and the Governor the results of its study and recommendations.  The final report and recommendations shall be submitted prior to the 1989 Session of the General Assembly.

Sec. 28.10.  There is appropriated from the General Fund to the Legislative Services Commission the sum of twenty-five thousand dollars ($25,000) for the 1987-88 fiscal year to fund the study authorized by this Part.

Sec. 28.11.  At the request of the Commission the Legislative Services Commission may supply members of the staff of the Legislative Services Office and clerical assistance to the Commission as it deems appropriate.

Sec. 28.12.  The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building.

 

PART XXIX.---HIGHWAY STUDY COMMISSION

Sec. 29.1.  There is established the Highway Study  Commission. The Commission shall be composed of 15 members, as follows:

(1)       Five members appointed by the President of the Senate;

(2)       Five members appointed by the Speaker of the House; and

(3)       Five members representing the public and business sectors appointed by the Governor.

Sec. 29.2.  Any vacancy shall be filled by the appointing authority who appointed the person causing the vacancy. All initial appointments shall be made within one calendar month from the effective date of this act. The Commission shall have its initial meeting no later than October 1, 1987.  Cochairmen  of the Commission shall be appointed from the membership.

Sec. 29.3.  The Commission members shall receive no salary for serving on the Commission but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, G.S. 138-5 and G.S. 138-6, as applicable.

Sec. 29.4.  The Commission shall study the following:

(1)       Review and validate present and future highway funding needs;

(2)       Evaluate the economic impact of the highway system on the State and its various regions;

(3)       Review and develop recommendations to assure that the highway funds are allocated to meet the identified needs and address the overall growth and economic goals of the State;

(4)       Recommend both short range and long range funding solutions with particular emphasis on the separation of General Fund and Highway Fund revenue bases and sources.

Sec. 29.5.  The Commission shall submit a final report to the 1989 General Assembly, Regular Session 1990, prior to its convening date. Upon filing the report, the Commission shall terminate.

Sec. 29.6.  There is appropriated from the General Fund to Legislative Services Commission the sum of twenty-five thousand dollars ($25,000) for the 1987-88 fiscal year and the sum of twenty-five thousand dollars ($25,000) for the 1988-89 fiscal year for the study authorized by this Part.

Sec. 29.7.  At the request of the Commission, the Legislative Services Commission may supply members of the staff of the Legislative Services Office and clerical assistance to the Commission as it deems appropriate.

Sec. 29.8.  Adequate staff and funding should be provided to allow a full and complete study of all facets of highway funding.

Sec. 29.9.  The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building.

 

PART XXX.---TAX FAIRNESS STUDY COMMISSION

Sec. 30.1.  Commission created.  There is created the Special Legislative Commission on Fairness in Taxation.  The Commission shall comprehensively study and evaluate all the revenue and tax laws of the State and any related questions and shall recommend any changes to those laws it may deem desirable.

Sec. 30.2.  Appointment of members.  The Commission shall consist of 14 members appointed as follows:

(1)       Four members of the Senate appointed by the President of the Senate, one of whom shall be designated as cochairman;

(2)       Three public members appointed by the President of the Senate;

(3)       Four members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated as cochairman;

(4)       Three public members appointed by the Speaker of the House of Representatives.

Sec. 30.3.  Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1.  Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6.  All other members of the Commission shall be paid per diem and allowances at the rates set forth in G.S. 138-5.

Sec. 30.4.  Funding.  There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 1987-88 fiscal year and the sum of fifty thousand dollars ($50,000) for the 1988-89 fiscal year for the Special Legislative  Commission on Fairness in Taxation.  Funds appropriated for the Commission for the 1987-88 fiscal year but not expended for that purpose may be expended during the 1988-89 fiscal year.

Sec. 30.5.  Staffing.  The Commission, with the prior approval of the Legislative Services Commission, may use the staff of the Fiscal Research Division of the Legislative Services Office.   The Commission may also use the staff of the Department of Revenue.  The Commission may also employ clerical staff and professional staff and hire consultants to assist it in its work.

Sec. 30.6.  Reports.  The Commission shall make a final report to the Governor, the President of the Senate, and the Speaker of the House of Representatives upon the convening of the 1989 General Assembly.  The Commission, in its discretion, may make interim reports.

Sec. 30.7.  Termination of the Commission.  The Commission shall terminate upon filing its final report with the Governor, the President of the Senate, and the Speaker of the House of Representatives.

 

PART XXXA.---APPROPRIATION FOR SURVEY FOR VETERANS'

CEMETERIES

Sec. 30A.1.  There is appropriated from the General Fund fifty thousand dollars ($50,000) for fiscal year 1987-1988 to the Department of Administration Division of Veterans Affairs to survey and appraise potential sites for veterans cemeteries in North Carolina.

 

PART XXXB.---SCHOOL EMPLOYEES SALARY COMMISSION

Sec. 31B.l.  Section 59 of Chapter 1014 of the 1985 Session Laws (1986, Regular Session) is amended by:

(1)       in subsection (a)(3) by deleting the year "1987" and inserting "1988".

 

PART XXXI.---EFFECTIVE DATE

Sec. 31.  This act is effective on July 1, 1987.

In the General Assembly read three times and ratified this the 14th day of August, 1987.