GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	4 

SENATE BILL 231*
Appropriations Committee Substitute Adopted 7/25/89
Third Edition Engrossed 8/1/89
House Committee Substitute Favorable - Engrossed 8/10/89

Short Title:  Studies for 1989-90.	(Public)
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Sponsors:
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Referred to:  
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February 22, 1989

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE STUDIES BY THE LEGISLATIVE RESEARCH COMMISSION, TO CREATE AND CONTINUE VARIOUS COMMITTEES AND COMMISSIONS, AND TO MAKE APPROPRIATIONS THEREFOR.
The General Assembly of North Carolina enacts:
PART I.  TITLE
Section 1.  This act shall be known as "The Studies Act of 1989."
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	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
Sec. 2.1
Sec. 2.2
Sec. 2.3
Sec. 2.4
Sec. 2.5
Sec. 2.6
PART III.––-SOCIAL SERVICES AND HOMELESS PERSONS STUDY COMMISSION
(H.B. 400 - Colton, S.B. 326 - Walker, H.B. 2018 - Greenwood, S.B. 1290 - Martin).
Sec. 3.1
Sec. 3.2
Sec. 3.3
Sec. 3.4
Sec. 3.5
Sec. 3.6
Sec. 3.7
Sec. 3.8
Sec. 3.9
PART IV.––-STATE PARKS STUDY COMMISSION
(H.B. 436 - Crawford, N., S.B. 231 - Sherron).
Sec. 4.1
Sec. 4.2
Sec. 4.3
Sec. 4.4
Sec. 4.5
Sec. 4.6
PART V. ––-PUBLIC HEALTH STUDY COMMISSION 
(H.B. 1098 - Wiser, S.B. 435 - Block).
Sec. 5.1
Sec. 5.2
Sec. 5.3
Sec. 5.4
Sec. 5.5
Sec. 5.6
Sec. 5.7
Sec. 5.8
Sec. 5.9
PART VI. ––-EDUCATION STUDY COMMISSION
(H.B. 1666 - Warren, E., H.B. 1377 - Bowman, S.B. 1237 - Chalk, S.B. 1254 - Ballance).
Sec. 6.1
Sec. 6.2
Sec. 6.3
Sec. 6.4
Sec. 6.5
Sec. 6.6
Sec. 6.7
Sec. 6.8
Sec. 6.9
Sec. 6.10
PART VII.––-ENERGY ASSURANCE STUDY COMMISSION
(H.B. 1947 - Payne, S.B. 1119 - Rauch).
Sec. 7.1
Sec. 7.2
Sec. 7.3
Sec. 7.4
Sec. 7.5
Sec. 7.6
Sec. 7.7
PART VIII.––-MENTAL HEALTH STUDY COMMISSION
(S.B. 222 - Harris, S.J.R. 887 - Block).
Sec. 8.1
Sec. 8.2
Sec. 8.3
Sec. 8.4
Sec. 8.5
Sec. 8.6
Sec. 8.7
PART IX.––-STATE INFRASTRUCTURE NEEDS STUDY COMMISSION
(S.B. 1162 - Basnight).
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
PART X.––-MEDICAL MALPRACTICE CLAIMS ARBITRATION STUDY COMMISSION
(S.B. 1295 - Johnson of Wake
Sec. 10.1
Sec. 10.2
Sec. 10.3
Sec. 10.4
Sec. 10.5
Sec. 10.6
Sec. 10.7
Sec. 10.8
Sec. 10.9
PART XI.––-PROPERTY TAX STUDY COMMISSION
Sec. 11.1
Sec. 11.2
Sec. 11.3
Sec. 11.4
Sec. 11.5
Sec. 11.6
Sec. 11.7
Sec. 11.8
PART XII.––-EFFECTIVE DATE
Sec. 12.1
PART II.––-LEGISLATIVE RESEARCH COMMISSION
Sec. 2.1.  The Legislative Research Commission may study the topics listed below.  Listed with each topic is the 1989 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)	Revenue Laws–study continued, including the impact of 1989 tax law changes (H.J.R. 3 - Lilley),
(2)	Albemarle-Pamlico Estuarine (H.J.R. 33 - Bowman), Coastal Water Quality–study continued (H.J.R. 37 -Bowman), and Development of a State Strategy for Protection of all North Carolina Estuarine Resources,
(3)	UNC Print Shops (H.B. 127 - Hunt, S.), State Print Shops (H.B. 128 - Hunt, S.),
(4) 	State Ports Authority (H.J.R. 133 - Hall, S.J.R. 96 - Barker), Lease and Renegotiation of Contracts of the North Carolina Railroad Company and the Atlantic and North Carolina Railroad Company,
(5) 	State Personnel Systems (H.J.R. 140 - Stamey, S.J.R. 59 - Hunt,W.),
(6)	Care Provided by Rest Homes, Intermediate Care Facilities, and Skilled Nursing Homes–study continued (H.J.R. 173 - Easterling),
(7)	Long-Term Care Insurance (H.B. 202 - Wiser), Health Insurance Costs (H.B. 961 - Perdue, S.B. 1068 - Johnson, Joe), Health Insurance (H.J.R. 1159 - Duncan), Infertility Treatment Coverage (H.B. 1187 - Payne), and All Health Insurance Issues, including, but not limited to, Availability, Benefits, Cost, and Portability,
(8)	Tourism's Growth and Effect–study continued (H.B. 379 - Warren, S.B. 297 - Block), Travel/ Tourism Reorganization (H.B. 1132 - Perdue),
(9)	Juvenile Jurisdiction Age (H.B. 429 - Easterling),
(10)	Development of a State Strategy for the Protection of All Groundwater Resources (H.J.R. 554 - DeVane, S.J.R. 367 - Winner),
(11)	Development of a State Strategy for the Management of Infectious Waste (H.B. 1045 - Diggs) and Solid Waste (S.B. 112 - Speed),
(12)	Campaign and Election Procedures (H.B. 1069 - Crawford, N.),
(12a)	Sales of Violent Videos (H.B. 1169 - Hurley),
(13)	Haw in Scenic River System (H.B. 1224 - Hackney), Pesticides (H.J.R. 1399 - Holt), Toxaway River (H.B. 1955 - Colton), Yadkin River Use and Protection (S.B. 1182 - Kaplan), and Development of a State Strategy for the Protection and Preservation of the Non-Estuarine Water Resources of the State,
(14)	Licensing Boards for Professional Engineers and Land Surveyors (H.J.R. 1322 - Mills),
(15)	Prisoners Medical Care (H.J.R. 1336 - Holt),Insanity Verdict (H.B. 1364 - Rhodes), Guilty but Insane Verdict (H.B. 1372 - Sizemore), Substance Abuse Treatment in Prisons (S.B. 848 - Martin, W.),
(16)	Agriculture Study (H.B. 1362 - Brown), Fallow Deer (H.J.R. 1924 - James),
(17)	Domestic Violence (H.B. 1415 - Easterling),
	(18)	Office of Administrative Hearings and the Administrative Rules Review Commission
(H.J.R. 1459 - Michaux, S.J.R. 1003 - Martin, W.), Administrative Procedure Act's Rule-Making Process (S.B. 535 - Johnson),
(19)	Small Business Technical Assistance Programs (H.J.R. 1514 - Colton),
(20)	Linked Deposits (H.B. 1910 - Locks), Depository Institutions (S.B. 1037 - Staton),
(21)	Water Resources Planning (H.B. 1945 - Payne),
(22)	UNC Budget Process (H.B. 1993 - Jones, S.B. 1269 -Martin, W.)
(23)	Worker Training Trust Fund (S.B. 271 - Parnell),
(24)	Aquaculture (S.B. 294 - Basnight), Sports Fishing Licenses (S.B. 1284 - Barker),
(25)	Legislative and Judicial Salaries (S.B. 718 - Winner),
(26)	Proprietary Schools (S.B. 854 - Martin, W.),
(27)	The Impact of the State and Local Governmental Employees Retirement Benefits Increase and of the Exemption from State Taxes of State, Local, Federal, and Private Retirement Benefits,
(28)	Jurisdiction of State Law Enforcement Officers and Monitor and Review of the State Auditor's Performance Audit on this Issue,
(29)	Awarding of Warehousing and Transportation Contracts by the Alcoholic Beverage Control Commission,
(30)	Indian Tribes Recognition by the Federal Government,
(31)	North Carolina Justice Academy Expansion,
(32)	Public Employees' Day Care and Medical and Dental Benefits,
(33)	Necessity for Certificates of Need.
Sec. 2.2.  Legislative Activity Between Legislative Sessions and Procedures to Shorten the Legislative Session.  The Legislative Research Commission may study the procedures of this State's, other states' and other legislative bodies' practices and procedures regulating legislative and study activity and may make recommendations as to changes in law, procedures and rules that will lead to greater efficiency in the legislative process while safeguarding the rights of all members of the General Assembly and of the citizens in this State's legislative process.
Sec. 2.3.  Committee Membership.  For each Legislative Research Commission Committee created during the 1989-1991 biennium, the Cochairmen of the Commission each shall appoint a minimum of seven members.
  	Sec. 2.4.  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 1990 Session of the 1989 General Assembly or the 1991 General Assembly, or both.
Sec. 2.5.  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.
Sec. 2.6.  From the funds available to the General Assembly, the Legislative Services Commission may allocate additional monies to fund the work of the Legislative Research Commission.
PART III.––-SOCIAL SERVICES AND HOMELESS PERSONS STUDY COMMISSION
Sec. 3.1.  There is established the Social Services and Homeless Persons 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 programs.
Sec. 3.2.  The Commission shall consist of 17 voting and four nonvoting 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 Pro Tempore 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 the Department of Human Resources or a 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 Pro Tempore of the Senate shall each appoint two nonvoting members who shall be involved in the administration or funding of social services and public assistance programs. Initial appointments shall be made within 30 days following adjournment of the 1989 Session of the General Assembly. Vacancies shall be filled by the official who made the initial appointment using the same criteria as provided by this section. 
Sec. 3.3. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Commission from their appointees. The cochairs shall call the first meeting and preside at alternate meetings.
Sec. 3.4. The Social Services and Homeless Persons Study Commission shall continue to examine the need for improvements in the State's social services system and develop legislation to address those needs. If legislation is enacted directing the Department of Human Resources to develop a Social Services Plan, the Commission may receive status reports on the development of the Plan; upon completion of the Plan, the Commission shall receive and review it. The Commission shall monitor and review efforts within the Department of Human Resources to (i) plan for the efficient and timely implementation of federal welfare reform provisions, and (ii) simplify public assistance programs by reducing paperwork, developing a consolidated application process, or other means.
The Commission shall obtain, study, and make recommendations based on such information as:
(1)	The sociological characteristics of the State's homeless population, such as age, race, and sex, and economic, health, occupational, and family status;
(2)	The estimated number of homeless persons in the State, identification of the areas of the State in which there are the greatest and least concentrations of homeless persons, and possible reasons for such concentrations;
(3)	The relationship between homelessness and such factors as hunger, literacy, education, job training, mental and physical health, alcoholism and substance abuse, municipal zoning and economic development, crime, and the delivery or nondelivery of public services;
(4)	Services to homeless persons currently provided by State, non-State, and local agencies, institutions, and other nonprofit organizations, and whether and how such entities cooperate with one another in providing the services;
(5)	Services for the homeless that are not currently provided and which are critical to meeting the needs of homeless persons, and recommendations on how State and non-State entities could cooperate to provide such services;
(6)	Whether services being provided or planned include or should include the following:
a.	Referrals of homeless persons to other human services offered by State and non-State entities;
b.	Case management efforts which help keep track of homeless persons and their needs;
c.	Job training and referral; or
d.	Efforts to ensure that the children of homeless families are enrolled in and regularly attend public schools; and 
(7)	The overall impact of homelessness on the State, its municipalities, and its citizens.
Sec. 3.5. 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. 3.6. The Commission may solicit, employ, or contract for professional, technical, or clerical assistance, and may purchase or contract for the materials or services it needs. Subject to the approval of the Legislative Services Commission, the professional and clerical staff 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 the Department of Human Resources, staff employed by the Department or any of the divisions may be assigned permanently or temporarily to assist the Commission or its staff.
Sec. 3.7. 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. 3.8. The Commission shall submit 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 before or upon the convening of the 1991 Session of the General Assembly. The Commission shall terminate upon the filing of the report.
Sec. 3.9.  There is allocated from the funds appropriated to the Legislative Services Commission from the reserve for studies to the Social Services Study Commission for its work the sum of $25,000 for the 1989-90 fiscal year and the sum of $20,000 for the 1990-91 fiscal year.
PART IV.––-STATE PARKS STUDY COMMISSION
Sec. 4.1.  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 Pro Tempore of the Senate, three Representatives 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 1989. The President Pro Tempore 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.
Sec. 4.2. The Study Commission is authorized:
(1)	To identify the needs of State Parks and Recreation Areas;
(2)	To collect and evaluate reports and recommendations of various agencies, councils, and associations relating to State Parks and Recreation Areas;
(3)	To study the recreation potential of the Randleman Dam area and its possible inclusion in the State Parks System;
(4)	To review and formulate recommended legislation; and
(5)	To study any other issues pertinent to the State Parks and Recreation System.
Sec. 4.3.   Upon approval of the Legislative Services Commission, the Legislative Services 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. The cochairmen may assign and direct the activities of the employees, subject to the advice of the Study Commission. The Department of Environment, Health, and Natural Resources and any other departments, boards, or associations shall assist the Study Commission and furnish any information or expertise requested.
Sec. 4.4. The Study Commission may file an interim report to the General Assembly on or before the convening of the 1990 Session and shall file a final written report of its findings and recommendations with the presiding officer of the House of Representatives and the Senate on or before the convening of the 1991 Session of the General Assembly.  The Study Commission shall terminate upon the filing of the final report.
Sec. 4.5. Members of the Study Commission shall be paid compensation and per diem and travel expenses in accordance with G.S. 138-5. Members who are legislators shall be reimbursed for travel and subsistence in accordance with G.S. 120-3.1.
Sec. 4.6.  There is allocated from the funds appropriated to the Legislative Services Commission from the reserve for studies to the State Parks Study Commission for its work the sum of $20,000 for the 1989-90 fiscal year and the sum of $20,000 for the 1990-91 fiscal year.
PART V.––-PUBLIC HEALTH STUDY COMMISSION
Sec. 5.1.  There is established the Public Health Study Commission, an independent commission, to study public health services in North Carolina and to recommend improvements that will assure that North Carolina has cost-effective, uniform and consistently administered public health services.
Sec. 5.2.  The Commission shall consist of 21 members.  The Speaker of the House of Representatives shall appoint seven members, a minimum of four of whom shall be members of the House of Representatives.  The President Pro Tempore of the Senate shall appoint seven members, a minimum of four of whom shall be members of the Senate.  The Governor shall appoint seven non-legislative members, as follows: one of whom shall be a recipient of public health services, one of whom shall be a public health direction, one of whom shall be a county commissioner, one of whom shall be an advocate for low-income people who is familiar with public health services in North Carolina, one of whom shall be the Secretary of the Department of Environment, Health, and Natural Resources or a designee thereof, one of whom shall be a physician licensed to practice medicine, and one of whom shall be an individual involved in the administration or funding of public health services.
Initial appointments shall be made within 30 days following adjournment of the 1989 Session of the General Assembly.  Vacancies shall be filled by the official who made the initial appointment using the same criteria as provided by this section.
Sec. 5.3.  The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair of the Commission from their appointees.  The cochairs shall call the first meeting and preside at alternate meetings.
Sec. 5.4.  The Public Health Study Commission shall examine the need for improvement in the statewide public health delivery system through local communities and shall develop legislation to address those needs.  If legislation is enacted directing the Department of Environment, Health and Natural Resources to develop a Public Health Services Plan, the Department may provide status reports on the development of the Plan to the Commission; upon completion of the Plan, the Department shall submit the Plan to the Commission for the Commission's review.
Sec. 5.5.  Commission members shall receive subsistence and travel expenses as provided in G.S. 120-3.1, 138-5, and 138-6, as applicable.
Sec. 5.6.  The Commission may solicit, employ, or contract for professional, technical, or 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 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 the Department of Environment, Health, and Natural Resources, staff employed by the Department or any of its divisions may be assigned permanently or temporarily to assist the Commission or its staff.
Sec.  5.7.  Upon request of the Commission or its staff, all State departments and agencies and all local government agencies shall furnish the Commission or its staff with any information in their possession or available to them.
Sec. 5.8.  The Commission shall submit a final written report of its findings and recommendations to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate before or upon the convening of the 1991 Session of the General Assembly.  The Commission shall terminate upon the filing of the report.
Sec. 5.9. There is allocated from the funds appropriated to the Legislative Services Commission from the reserve for studies $25,000 for fiscal year 1989-90 and $25,000 for the 1990-91 fiscal year to fund the work of the Commission created by this Part.
PART VI.––-EDUCATION STUDY COMMISSION
Section 6.1.  There is established the Education Study Commission.  The Commission shall be composed of 16 members, as follows:
(1)	The Superintendent of Public Instruction, or his designee;
(2)	The Chairman of the State Board of Education, or his designee;
(3)	The Chairman of the State Board of Community Colleges, or his designee;
(4)	The President of the Community College System, or his designee;
(5)	The Chairman of the Board of Governors of The University of North Carolina, or his designee;
(6)	The President of The University of North Carolina, or his designee;
(7) 	Three members appointed by the Governor;
(8)	Three members appointed by the President Pro Tempore of the Senate;
(9)	Three members appointed by the Speaker of the House of Representatives; and
(10)	One representative of North Carolina Citizens for Business and Industry.
Sec. 6.2.  The President Pro Tempore of the Senate shall designate one of his appointees  as cochairman and the Speaker of the House of Representatives shall designate one of his appointees as cochairman.
Sec. 6.3.  When a vacancy occurs in the membership of the Commission, the vacancy shall be filled by the same appointing officer who made the initial appointment. 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, 1989.
Sec. 6.4.  The Commission shall:
(1)	Review the capital needs of all public educational institutions including the University System, the Community College System, and the public schools, including the need for repairs and renovations;
(2)	Consider ways the systems could work together to reduce the amount of remediation that is done in the community colleges and the universities.
(3)	Examine the salary schedules for the universities, the community colleges, and the public schools;
(4)	Consider ways the community colleges could assist the public schools with the dropout problem;
(5)	Examine current cooperative programs among the systems and consider ways to enhance concurrent enrollment programs;
(6)	Consider ways to improve the joint use of facilities, equipment, and faculty;
(7)	Consider ways the systems could work jointly to increase the number of high school graduates who continue on to either system of higher education;
(8)	Consider ways to more closely articulate the curriculums, especially in the technical and vocational areas, of the public schools and the community colleges; 
(9)	Recommend both short range and long range funding solutions for the issues it studies;
(10)	Study whether North Carolina could make better use of its buildings and equipment by (a) using the public school bus fleet for other education transportation needs such as community colleges; and (b) using the school buildings during the summer months by extending the school year beyond the present nine-month term;
(11)	Study the impact of kindergarten education on subsequent school performance; and
(12)	Study the problems of drug trafficking and drug use within the public school system.
Sec.  6.5.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1991 Session of the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
Sec. 6.6.  The Commission may meet at any time upon the joint call of the cochairmen.  The Commission, with the approval of the Legislative Services Commission, may meet in the Legislative Building or the Legislative Office Building.
Sec. 6.7.  Members of the Commission who are legislators shall receive subsistence and travel expenses at the rates 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.  Other members of the Commission shall be paid per diem and allowances at the rates set forth in G.S. 138-5.
Sec. 6.8.  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, shall assign professional staff to assist in the work of the Commission.  The House of Representatives' and the Senate's Supervisor of Clerks shall assign clerical staff to the Commission upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Commission.
Sec. 6.9.  All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
Sec. 6.10.  There is allocated from the funds appropriated to the Legislative Services Commission from the reserve for studies to the Education Study Commission $50,000 for the 1989-90 fiscal year, and $25,000 for the 1990-91 fiscal year.
PART VII.––-ENERGY ASSURANCE STUDY COMMISSION
Sec. 7.1.  (a)	The North Carolina Energy Assurance Study Commission is created.  The Commission shall consist of 19 members.  The Chairman of the Utilities Commission, the Director of the Public Staff of the Utilities Commission, the Director of the N.C. Rural Electrification Authority, the Secretary of the Department of Human Resources, and the Director of the Energy Division of the Department of Economic and Community Development shall serve ex officio.  The President Pro Tempore of the Senate shall appoint seven members as follows:  two members of the Senate, one representative from the electric utility industry regulated by the Utilities Commission, one representative from an electric membership corporation in North Carolina, one representative of the unregulated fuels industry, one representative of a private agency that delivers energy assistance benefits to low-income people, and one low-income utilities consumer advocate.  The Speaker of the House of Representatives shall appoint seven members as follows:  two members of the House of Representatives, one representative from ElectriCities of North Carolina, one director of a county department of social services, one representative of the natural gas industry regulated by the Utilities Commission, one representative of the Community Action Program agencies, and one low-income person.
(b)	The members of the Commission shall be appointed by September 1, 1989, and shall serve until termination of the Commission.  If a vacancy occurs in the membership of the Commission, it shall be filled by the officer who appointed the member who is to be replaced.  The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochair from among the membership of the Commission, but no ex officio member of the Commission may serve as a cochair.
Sec. 7.2.  (a)	The Commission shall investigate the feasibility of establishing an Energy Assurance Plan in North Carolina to accomplish the following objectives:
(1)	Aid low-income people in maintaining reasonable and safe levels of heat in their homes;
(2)	Reduce the number of involuntary terminations of energy to low-income households in the State; and
(3)	Direct federal, State, local, and private efforts in weatherizing homes to those which have the most significant needs.
(b)	In investigating the feasibility of such a plan, the Commission shall:
(1)	Document, to the extent possible, the scope of current problems facing low-income people in dealing with their energy burdens;
(2)	Determine, through a study of the administration of the Low Income Energy Assistance Program funds in North Carolina, a method by which these funds could be better targeted to address the energy needs of low-income people;
(3)	Determine the cost of establishing an Energy Assurance Plan in North Carolina;
(4)	Investigate sources of revenue to fund an Energy Assurance Plan; and
(5)	Recommend an Energy Assurance Plan that will accomplish the stated objectives through the use of existing federal, State, local, and private funds or alternative sources of revenue.
Sec. 7.3.  The initial meeting of the Commission shall be called by the cochairs.  Subsequent meetings shall be held upon the call of a cochair or upon the written request of five members.
Sec. 7.4.  The Commission may file an interim report on or before June 1, 1990, and shall file its final report by February 1, 1991, with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  The report shall summarize the information obtained in the course of the Commission's inquiry, set forth its findings and conclusions, and recommend administrative actions or legislative actions that may be necessary to implement the Energy Assurance Plan.  If legislation is recommended, the Commission shall prepare and submit with its report appropriate bills.  Upon termination of the Commission, the cochairs shall transmit to the Legislative Library for preservation the records and papers of the Commission.  The Commission shall terminate upon the filing of its report.
Sec. 7.5.  Upon approval of the Legislative Services Commission, the Legislative Services 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.  The Energy Assurance Commission, subject to the provisions of G.S. 120-32.02(b), may enter into contracts for the provision of technical assistance, statistical analysis, evaluation of pilot projects, and other services it finds necessary for the performance of its responsibilities under this Part.
Sec. 7.6.  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 the per diem and allowances set forth in G.S. 138-5.
Sec. 7.7.  There is transferred from the funds appropriated to the Legislative Services Commission from the reserve for studies to the Commission created by this Part the sum of $10,000 for the 1989-1990 fiscal year to prepare and submit a plan of study to obtain the requisite federal approval for the spending of monies specifically appropriated for the work of the Energy Assurance Study Commission.  Funds specifically appropriated to the Department of Economic and Community Development to be allocated to the Energy Assurance Study Commission are hereby transferred to the General Assembly for the work of the Commission.  Notwithstanding any other provision of law and except for the specific transfer from the reserve for studies contained in this section, only funds specifically appropriated to the Department of Economic and Community Development for the Energy Assurance Study Commission may be expended for the work of the Commission.  Unexpended funds shall revert to the Special Reserve for Oil Overcharge Funds.
PART VIII.––-MENTAL HEALTH STUDY COMMISSION 
Sec. 8.1.  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, 1983 Session Laws; Chapter 792, 1985 Session Laws; and Chapter 873, 1987 Session Laws; is revived and authorized to continue in existence until July 1, 1991.
Sec. 8.2.  Section 2 of Resolution 80, Session Laws of 1973, as amended by Chapter 806, Session Laws of 1973, Section 2 of Chapter 184, Session Laws of 1977, and as rewritten by Section 10.1 of Chapter 792 of the 1985 Session Laws, reads as rewritten:
	"Sec. 2.  Appointment of Members.  The Commission shall consist of 24 members.  The Speaker of the House shall appoint eight members at least six of whom at the time of their appointment are members of the House, and one of those six shall be Chairman of the Mental Health Committee of the House of Representatives.  The President Pro Tempore of the Senate shall appoint eight members at least six of whom at the time of their appointment are members of the Senate, and one of those six shall be Chairman of the Senate Human Resources Committee.  The Governor shall appoint eight members, two of whom at the time of their appointment shall be county commissioners taken from a list of four candidates nominated by the North Carolina Association of County Commissioners.  If that Association fails to make nominations by September 1, 1989, the Governor may appoint any two county commissioners."
Sec. 8.3.  The first sentence of Section 3 of Resolution 80, Session Laws of 1973, as the same was rewritten by Section 10.2 of Chapter 792 of the 1985 Session Laws and is contained therein, is rewritten to read: 
"The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint a cochairman from the Commission's membership.”
Sec. 8.4. The continued Mental Health Study Commission shall have all the powers and duties of the original Study Commission as 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. 8.5.  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. 8.6.  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 Comprehensive Long Range Plan for Adults with Severe and Persistent Mental Illness;
(2)	Have oversight, and review and make recommendations regarding pioneer testing of funding policies;
(3)	Continue the study of insurance coverage for mental illness and chemical dependency;
(4)	Continue the study of mental health services in the criminal justice system, particularly in North Carolina jails; and
(5)	Examine the needs of adult citizens suffering from substance abuse and develop a comprehensive plan to provide a continuum of care to respond to those needs.
Sec. 8.7.  There is appropriated from the General Fund to the Department of Human Resources for the 1989-90 fiscal year the sum of twenty thousand dollars ($20,000) for the use of the Commission in the study of insurance coverage for mental illness and chemical dependency.
PART IX.––-STATE INFRASTRUCTURE NEEDS STUDY COMMISSION
Sec. 9.1.  The State Infrastructure Needs and Financing Study Commission is created.  The Commission shall:
(1)	Undertake a comprehensive review and analysis of the impact upon community service facilities of any new development, construction, or installation that requires any permit, certification, or other governmental or quasi-governmental action allowing real property development and that generates or tends to generate the need for new, expanded, or improved community service facilities.  For purposes of this study, the term "community service facilities”means public facilities or improvements provided or established by a local government, including those provided or established by a local government jointly with other units of government or government agencies, whether local, State, or federal.  The term includes utility facilities, transportation facilities, parks and recreation facilities, drainage and water quality facilities, streets and sidewalks, open spaces, emergency and public safety facilities, sewer treatment facilities, and waste disposal facilities, but does not include public educational facilities such as schools, technical institutions, community colleges, and similar facilities.
(2)	Undertake a comprehensive review and analysis of the various methods by which local governments both within North Carolina and within other states, as deemed appropriate by the Commission, fund the costs of expanded, new, or improved community service facilities.
(3)	Determine the most equitable and appropriate means for local governments to obtain funds to provide the new, expanded, or improved community service facilities needed because of the real property development described in subdivision (1).  The Commission shall, in making this determination, consider and analyze all practical, legal funding means which are, or which constitutionally could be, available to local governments.
Sec. 9.2.  The Commission shall consist of 16 members to be appointed as follows:
(1)	Four members of the Senate appointed by the President Pro Tempore of the Senate, one of whom shall be designated cochair;
(2)	Four public members appointed by the President Pro Tempore of the Senate, one of whom shall be an elected city government official, one of whom shall be from the land use planning department or agency of a city, and two of whom shall be persons who are involved with or have had extensive experience in land development;
(3)	Four members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be designated cochair; and
(4)	Four public members appointed by the Speaker of the House of Representatives, one of whom shall be an elected county government official, one of whom shall be from the land use planning department or agency of a county, and two of whom shall be persons who are involved with or who have had extensive experience in land development.
Sec. 9.3.  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. 9.4.  Upon request of the Commission or its staff, all State departments and agencies and all local government departments and agencies shall furnish to the Commission or its staff any information in their possession or available to them.
Sec. 9.5.  The Commission may submit an interim report of its findings and recommendations and the status of its review and analyses to the General Assembly on or before the first day of the 1990 Regular Session of the 1989 General Assembly.  The Commission shall submit the final report of its findings and recommendations to the General Assembly on or before January 15, 1991.  All reports shall be submitted by filing the report with the Speaker of the House of Representatives and the President Pro Tempore of the Senate.  The Commission shall terminate upon filing its final report.
Sec. 9.6.  The Commission shall meet upon the call of the cochairs.
Sec. 9.7.  Upon approval of the Legislative Services Commission, the Legislative Services 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. 9.8.  Members of the Commission shall be paid per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are also members of the General Assembly, at the rate established in G.S. 120-3.1.
(2)	Commission members who are officials or employees of the State or local government agencies, at the rate established in G.S. 138-6.
(3)	All other Commission members at the rate established in G.S. 138-5.
Sec. 9.9.  There is allocated from the funds appropriated to the Legislative Services Commission from the reserve for studies to the State Infrastructure Needs Study Commission for its work the sum of $30,000 for the 1989-1990 fiscal year and the sum of $25,000 for the 1990-1991 fiscal year. 
PART X.––-MEDICAL MALPRACTICE CLAIMS ARBITRATION STUDY COMMISSION
Sec. 10.1.  The Medical Malpractice Arbitration Study Commission is hereby created.  The Commission shall consist of 13 members who shall be appointed as follows:
(1)	Five members appointed by the Speaker of the House of Representatives as follows:
a.	Three persons who are members of the House of Representatives at the time of their appointment, one of whom shall be a licensed attorney regularly representing plaintiffs or a member of a firm that regularly represents plaintiffs, and one of whom shall be a licensed attorney regularly representing defendants or a member of a firm that regularly represents defendants;
b.	One physician licensed to practice medicine in North Carolina; and
c.	One at-large member representing the general public;
(2)	Five members appointed by the President Pro Tempore of the Senate as follows:
a.	Three persons who are members of the Senate at the time of their appointment, one of whom shall be a licensed attorney regularly representing plaintiffs or a member of a firm which regularly represents plaintiffs, and one of whom shall be a licensed attorney regularly representing defendants or a member of a firm which regularly represents defendants;
b.	One physician licensed to practice medicine in North Carolina; and
c.	One at-large member representing the general public;
(3)	The Chief Justice of the Supreme Court of North Carolina or his designee;
(4)	The Chief Judge of the North Carolina Court of Appeals or his designee; and
(5)	The Attorney General of North Carolina or his designee.
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. 10.2.  The President Pro Tempore of the Senate shall designate one Senator as cochairman, and the Speaker of the House of Representatives shall designate one member of the House of Representatives as cochairman.  The cochairman shall jointly call the first meeting.
Sec. 10.3.  The Commission shall study the use of court-annexed arbitration in medical malpractice actions, as described in G.S. 90-21.12, and as a part of its study, the Commission may also consider studies by the American Medical Association, the North Carolina Bar Association Dispute Resolution Committee, and the Duke University Private Adjudication Center, regarding alternate forms of dispute resolution in mediation, conciliation, and other forms of alternate dispute resolution, which might lead to a more expeditious and more economical determination of issues arising in a medical malpractice action than the present system of discovery and jury trial, which has been found to be very time consuming and expensive.  The Commission is specifically empowered to study arbitration and other alternate dispute resolution forms which have been implemented or are being considered for implementation in other states of the United States.
Sec. 10.4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1991 Session of the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  The Commission may, but is not required to, file its report on or before the first day of the 1990 Budget Session of the 1989 General Assembly, if it can complete its work and adopt a report requiring filing on or before such date.  Upon filing its final report, the Commission shall terminate.
Sec. 10.5.  The Commission may meet at any time upon the joint call of the cochairmen.  The Commission, with the approval of the Legislative Services Commission, may meet in the Legislative Building or the Legislative Office Building.
Sec. 10.6.  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Administrative Officer, may assign professional staff to assist in the work of the Commission.  The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Commission.
Sec. 10.7.  All State departments and agencies shall furnish the Commission with any information in their possession or available to them.
Sec. 10.8.  The Commission shall have all powers necessary or convenient to carry out the purposes and provisions of this act, including, but not limited to, the power to receive and accept grants or funds from any public or private agency for, or in the aid of, the purposes of this section, and to receive or accept contributions, from any source, of money, or labor, to be held, used, and applied for the purposes of this act.  Any grants or contributions received shall be held by the Legislative Services Commission and these monies received shall be used prior to the use of any available State funds.  If grants or contributions are received thereafter, they shall be retained by the Legislative Services Commission in amount equal to State funds already expended.
Sec. 10.9.  There is allocated from the funds appropriated to the Legislative Services Commission from the reserve for studies to the Commission created by this Part for its work the sum of $25,000 for the 1989-1990 fiscal year and the sum of $25,000 for the 1990-1991 fiscal year.
PART XI.––-PROPERTY TAX STUDY COMMISSION
Sec. 11.1.  There is established a Property Tax 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 Pro Tempore 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 Commission.  To aid the Commission 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 Pro Tempore 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 Commission to begin its work by October 1, 1989.  The Speaker and President Pro Tempore of the Senate shall jointly call the first meeting to be held on a date no later than October 1, 1989.
Sec. 11.2.  The President Pro Tempore 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 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. 11.3.  The Commission shall make a detailed and comprehensive study of the efficiency, effectiveness, and fairness of the property tax system in North Carolina.  The Commission 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 Commission 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 Commission shall examine the octennial revaluation system and evaluate the feasibility of any programs that would aid the counties in conducting more frequent revaluations.
Sec. 11.4.  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 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. 11.5.   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. 11.6.  With the prior approval of the Legislative Services Commission, the Commission shall meet in the State Legislative Building or in the Legislative Office Building.
Sec. 11.7.  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. 11.8.  The expenses of the Commission 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.  Commission expenses shall be limited to a maximum of seventy-five thousand dollars ($75,000). 
PART XII.––-EFFECTIVE DATE
Sec. 12.1.  This act is effective on July 1, 1989.