GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	4 

SENATE BILL 1020*
Appropriations Committee Substitute With Amendments Adopted 7/15/92
Third Edition Engrossed 7/16/92
House Committee Substitute Favorable 7/17/92

Short Title:  Studies of 1992.  	(Public)
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Sponsors:
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Referred to:  
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May 28, 1992

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE STUDIES BY THE LEGISLATIVE RESEARCH COMMISSION, TO CREATE COMMITTEES AND COMMISSIONS, TO MAKE OTHER AMENDMENTS TO THE LAW AND TO MAKE APPROPRIATIONS THEREFOR.
The General Assembly of North Carolina enacts:

PART I.––-TITLE
Section 1.1.  This act shall be known as "The Studies Act of 1992."

PART II.––-LEGISLATIVE RESEARCH COMMISSION
Sec. 2.1.  The Legislative Research Commission may study the topics listed below.  Listed with each topic is the 1991-92 Session bill or resolution, if any, 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)	Emergency Cardiac Care (H.B. 1051, H.B. 1604, H.B. 1605 - Green),
(2)	UNC Governance (H.B. 1481 - Mavretic),
(3)	Domiciliary Care (H.B. 1374, H.B. 1502 - Nye, S.B. 1038 - Walker),
(4)	Medicaid (H.B. 1523 - Nye, S.B. 1185 - Walker),
(5)	County Prison Farms for Nonviolent Misdemeanants (H.B. 1537 - Holt),
(6)	Allocations from the Aid to Public Libraries Fund to Local Libraries (H.B. 1615 - Jeralds),
(7)	Review of Proposals to Authorize New Local Occupancy Taxes or to Modify the Purpose for Which an Occupancy Tax May Be Used (H.B. 1632 - Miller),
(8) 	Establishment of a Chiropractic College in North Carolina (H.B. 1645 - Colton, S.B. 1174 - Conder),
(9)	Sales Tax and Local Occupancy Tax on Campgrounds (H.B. 1329 - Beall, H.B. 1435 - Redwine, H.B. 1540 - Beall),
(10)	Property Taxation of Computer Software and Other Intangibles,
(11)	Bungee Jumping.
Sec. 2.2.  Toll Roads (H.B. 1098 - Bowman).  The Legislative Research Commission is authorized to study the feasibility of constructing toll roads in North Carolina.  As a part of the study, the Commission may consider:
(1)	The potential for toll roads to generate revenue to supplement current road construction and maintenance resources;
(2) 	The experience of North Carolina, and other states, in constructing and operating toll roads;
(3) 	The availability of federal funds to construct toll roads;
(4)	The possibility of private construction, operation, and ownership of toll roads in the State;
(5) 	The feasibility of constructing major new bridge projects as toll facilities; and
(6) 	The potential for toll roads to accelerate needed highway construction and promote economic growth in the State.
Sec. 2.3.  Basic Skills in Workplace (H.B. 1339 - Lineberry, S.B. 1102 - Walker).  The Legislative Research Commission may study the need and feasibility of establishing education renewal programs to develop basic skills in the workplace.  The study may include, but is not limited to, the commitment of employers to this type of program and State tax incentives to support the commitment of employers.
Sec. 2.4.  Students at Risk (H.B. 1426 - Michaux, S.B. 1020 - Martin of Guilford).  The Legislative Research Commission may:
(1)	Study how the delivery of educational services from preschool through twelfth grade fails to address the needs of students at risk of academic, social, and economic failure;
(2)	Develop proposals for improving the delivery of educational services to at-risk students; and
(3)	Recommend the human and economic resources necessary to improve each at-risk student's opportunity to reach his or her optimal potential.
Sec. 2.5.  Alternative Medical Practices Access (H.B. 1636 - Colton).  The Legislative Research Commission may study the issue of citizen access to alternative medical practices.  The study may include, but is not limited to, the following matters:
(1)	Recommendations for a State policy on citizen access to alternative practices;
(2)	Regulation of alternative medical practices in other states;
(3)	Criteria for evaluating nonprevailing medical practices comparable to those applied to prevailing medical practices;
(4)	Comparison of the powers of the North Carolina Board of Medical Examiners with the powers of similar boards in other states regarding nonprevailing practices; and
(5)	The existence and effectiveness of national certification boards of nonprevailing medical practices in protection of the public's health.
Sec. 2.6.  State Telecommunications (S.B. 402 - Sherron).  The Legislative Research Commission is authorized to study the operation of the State's central telephone system and long distance telephone network and make recommendations concerning the following:
(1)	Whether the State's central telephone system should be managed and operated by a private contractor;
(2)	Whether the State's long distance telephone network should be managed and operated by a private contractor;
(3)	Whether any other telecommunications services authorized by G.S. 143B-426.39(14) and (15) should be managed and operated by a private contractor;
(4)	Whether any telecommunications services not now authorized under G.S. 143B-426.39(14) and (15) should be provided and whether they should be managed and operated by a private contractor.
Sec. 2.6A.  The Legislative Research Commission may report its findings, together with any recommended legislation, to the 1993 General Assembly or the 1994 Regular Session of the 1993 General Assembly, or both.
Sec. 2.7.  Public Access to Information.  The Legislative Research Commission may study issues relating to the balancing of the public's right to know about the conduct of government with the individual citizen's right to privacy.  The study may include, but is not limited to:
(1)	The development of a:
a.	Strategic plan for transmitting, storing, using and retrieving public information;
b.	Fair Information Practices Act that offers all citizens personal data protection in both public and private sectors while allowing public access to public information and private use of personal information; and
c.	Right to Privacy Act that combines those sections of the General Statutes presently protecting privacy and protections presently believed contained in the common law.
(2)	The establishment of a "Fair Information Practices Commission”that has:
a.	An administrative law function of adjudicating unclear cases of what is public and what is confidential information; and
b.	An advisory function to provide interpretive guidance for fair information practices.
The study may include the issues raised in the "North Carolina Technological Information Study”presented to Governor Martin in June 1992.
Sec. 2.8.  Management of Low-Level Radioactive Waste.  The Legislative Research Commission may study the ramifications of the Supreme Court's decision in New York v. United States, 60 U.S.L.W. 4603 (U.S. June 19, 1992) and recent South Carolina legislation on the management of low-level radioactive waste.
Sec. 2.9.  Committee Membership.  For each Legislative Research Commission Committee created during the 1991-92 biennium, the cochairs of the Commission shall appoint the Committee membership.
Sec. 2.10.  Reporting Dates.  For each of the topics the Legislative Research Commission decides to study under this act or G.S. 120-30.17(1), the Commission may report its findings, together with any recommended legislation, to the 1993 General Assembly.
Sec. 2.11.  Funding.  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.––-RAILROAD ADVISORY COMMISSION MEMBERSHIP CHANGE
Sec.  3.1.  Section 3.1 of Chapter 754 of the 1991 Session Laws (First Session, 1991) reads as rewritten:
	"Sec. 3.1.  There is created the Railroad Advisory Commission.  The Commission shall consist of 10 members, appointed as follows:
(1)	Two members appointed by the Governor, one of whom shall be knowledgeable about the railroad business and one of whom shall be an advocate of passenger rail service;
(2)	The Speaker of the House of Representatives or another member of the House of Representatives serving as the Speaker's designee, and two other members of the House of Representatives appointed by the Speaker of the House of Representatives;
(3)	The President Pro Tempore of the Senate or another member of the Senate serving as the President Pro Tempore's designee, and two other members of the Senate appointed by the President Pro Tempore of the Senate;
(4)	The Secretary of Transportation, or a member of his staff appointed by the Secretary of Transportation; and
(5)	The State Treasurer, or a member of his staff appointed by the Treasurer.
		The Attorney General or the Attorney General's designee shall also participate and attend meetings of the Commission in accordance with Section 3.12 of this Part."

PART IV.––-JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE
Sec. 4.1.  Teacher Leave (H.B. 334 - Bowman).  In addition to its other authorized studies, the Joint Legislative Education Oversight Committee shall study annual vacation leave for teachers.  In particular, the Committee shall study (i) whether the number of days of accumulated leave that are carried over to the next year should be increased, and (ii) whether the maximum number of hours for which a teacher is paid a lump sum for accumulated annual leave when the teacher is separated from service due to resignation, dismissal, reduction in force, death, or service retirement should be increased.  The Committee shall report its findings and recommendations to the 1993 General Assembly upon its convening.
Sec. 4.2.  Section 2.1(61) of Chapter 754 of the 1991 Session Laws (First Session, 1991) is repealed.

PART V.––-JOINT SELECT FISCAL TRENDS AND BUDGET REFORM COMMISSION TO STUDY OFFICE OF INSPECTOR GENERAL
Sec. 5.1.  In addition to its other studies, the Joint Select Fiscal Trends and Budget Reform Commission, as created by Section 348 of Chapter 689 of the 1991 Session Laws, shall study the need for the creation of the Office of Inspector General within the Department of Administration.  The Commission shall report its findings to the General Assembly by February 15, 1993.

PART VI.––-CAPITAL NEEDS STUDY COMMISSION
Sec. 6.1.  The General Assembly finds that:
(1)	State government agencies and institutions have many unmet capital needs for new capital construction and repairs and renovations to existing capital facilities.
(2)	Among the agencies and institutions that have unmet capital needs are the public schools, community colleges, The University of North Carolina, State mental institutions, State parks and recreation areas, the State Bureau of Investigation, correctional facilities and the Department of Agriculture.
(3)	The amount of unmet needs may exceed the amount of funds available to the State.
(4)	The Fiscal Trends Study Commission will be reporting to the 1993 General Assembly, which will allow the General Assembly to better estimate the funds that it may have available to fund capital needs, either through direct appropriations, bond issues, or a combination thereof.
Sec. 6.2.  The Capital Needs Study Commission is created to study the unmet capital needs of the State. The Commission is to be composed of 18 members:  nine appointed by the Speaker of the House of Representatives and nine appointed by the President Pro Tempore of the Senate.  Of the members appointed by the Speaker of the House of Representatives, six shall be members of the House of Representatives at the time of their appointment and three shall be public members who are not members of the General Assembly.  Of the members appointed by the President Pro Tempore of the Senate, six shall be members of the Senate at the time of their appointment and three shall be public members who are not members of the General Assembly.  A vacancy in the membership of the Commission shall be filled in the same manner as the original appointment.
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each designate a cochair from their appointees.  Either cochair may call the first meeting of the Commission.
Sec. 6.3.  (a)	In conducting the study, the Commission may investigate and determine the following:
(1)	The capital needs, immediate and over the next 10 years, of State agencies and institutions, and the ability of the State to meet these needs.
(2)	Specific projects that need to be funded and the priorities of the projects.
(3)	Sources of funding for meeting capital needs and, if bonds are identified as a source, the best method of structuring the issuance of the bonds so the identified needs are filled in the most economic and efficient manner.
(4)	The most appropriate allocation of funds derived from the issuance of any education bonds between the educational divisions, which are the public schools, the community colleges, and The University of North Carolina, and among each division's individual components.
(5)	The extent of repairs and renovations needed by existing capital facilities.
(b)	The Commission shall submit a final written report of its findings and recommendations, including any proposed legislation, to the General Assembly by February 15, 1993, so that any recommended legislation calling for a referendum on the issuance of bonds can be considered and a referendum held no later than the end of May 1993.
(c)	The report shall be filed 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. 6.4.  With the prior 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 the House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.  With the prior approval of the Legislative Services Commission, the Study Commission may hold its meetings in the State Legislative Building or the Legislative Office Building.
Sec. 6.5.  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 of 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. 6.6.  There is appropriated from the General Fund to the Capital Needs Study Commission for the 1992-93 fiscal year the sum of one hundred thousand dollars ($100,000).

PART VII.––-CHILD DEVELOPMENT FACILITY
Sec. 7.1.  The Department of Public Instruction shall study the feasibility of operating an experimental child development facility in the new education building.  The Department shall report the results of its study to the General Assembly prior to the convening of the 1993 General Assembly.

PART VIII.––-DEPARTMENT OF ADMINISTRATION TO STUDY METHODS FOR ENCOURAGING STATE EMPLOYEES TO USE PUBLIC TRANSPORTATION IN COMMUTING TO WORK
Sec. 8.1.  The Department of Administration shall, in consultation with the Department of Transportation, study and recommend methods for encouraging State employees to use public transit, including car pools and van pools, in commuting to work.  The Department of Administration shall report its findings and recommendations to the 1993 General Assembly by March 15, 1993.

PART IX.––-VOTER PARTICIPATION STUDY COMMISSION
(H.B. 1408 - Michaux)
Sec. 9.1.  There is created the Voter Participation Study Commission; hereafter referred to in this Part as ‘Commission.'
Sec. 9.2.  The Commission shall consist of 15 members who are citizens of North Carolina who are interested in devising methods to encourage and facilitate the participation of qualified North Carolinians in the electoral process. Members shall be appointed as follows:
(1)	Five shall be appointed by the Governor. Of these, the Governor shall appoint two elections supervisors.
(2)	Five shall be appointed by the Speaker of the House.  Of these, the Speaker shall appoint a county official, a city official, and an official with the State Board of Elections.
(3)	Five shall be appointed by the President Pro Tempore of the Senate. Of these, the President Pro Tempore shall appoint two local election officials.
Sec. 9.3.  The Speaker of the House and the President Pro Tempore of the Senate shall each designate a Cochair of the Commission from one of his five appointees. The Cochairs shall call the first meeting of the Commission as soon as all members are appointed.  Each member of the Commission shall serve a term of two years.
Sec. 9.4. The members of the Commission who are members of the General Assembly shall receive subsistence and travel allowances at the rate set forth in G.S. 120-3.1. Members who are officials or employees of the State of North Carolina shall receive subsistence and travel allowances at the rate set forth in G.S. 138-6. All other members shall be paid the per diem allowances at the rates set forth in G.S. 138-5.
Sec. 9.5.  The Commission may hold its meetings in the State Legislative Building or the Legislative Office Building with the prior approval of the Legislative Services Commission. The Legislative Services Commission shall provide necessary professional and clerical assistance to the Commission. If necessary, the Commission may enter into contracts for services of experts outside the legislative staff in order to fulfill its duties.
Sec. 9.6.  (a)	With regard to statewide computerized voter registration, the Commission shall:
(1)	Design a statewide computerized voter registration system;
(2)	Decide where the system shall be housed administratively;
(3)	Develop a timetable for establishment of the system; and
(4)	Recommend legislation to the General Assembly to implement subdivisions (1), (2), and (3) of this section.
(b) With regard to campaign regulation, the Commission shall:
(1)	Review Articles 22, 22A, 22B, and 22C of Chapter 163 of the General Statutes; and
(2)	Recommend to the General Assembly needed changes to those Articles.
(c) The Commission shall report its progress to the General Assembly prior to February 1 of each year and shall issue a final report before March 15, 1994.  The Commission shall terminate upon the filing of its final report.
Sec. 9.7.  There is appropriated from the General Fund to the North Carolina Commission to Improve Voter Participation the sum of one hundred thousand dollars ($100,000) for the 1992-93 fiscal year to implement the provisions of this Part.

PART X.––-JOINT LEGISLATIVE SELECT COMMITTEE ON A COMPREHENSIVE COMPENSATION SYSTEM FOR STATE EMPLOYEES
(H.B. 1452 - Fitch, S.B. 1035 - Johnson)
Sec. 10.1.  The Joint Legislative Select Committee on a Comprehensive Compensation System for State Employees is created.  The Committee shall consist of 12 members.
Six members shall be appointed by the President Pro Tempore of the Senate as follows:
(1)	Four Senators;
(2)	A State employee; and
(3)	One person from the private sector with expertise in compensation.
Six members shall be appointed by the Speaker of the House of Representatives as follows:
(1)	Four members of the House of Representatives;
(2)	A State employee; and
(3)	One person from the private sector with expertise in compensation.
Members appointed because they are members of the Senate or members of the House of Representatives may serve until completion of the Committee's work notwithstanding that they may no longer be members of that body.
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 Representative as cochairman. 
Sec. 10.3.  The Committee shall consider the comprehensive compensation system issues contained in the Third Edition of Senate Bill 1035 of the 1991 General Assembly which was identical as introduced to House Bill 1425.  The Committee shall make proposals as to the revision, if necessary, of that proposed system as will permit the system's implementation not later than July 1, 1993.
Sec. 10.4.  The Committee shall submit a final report of its findings and recommendations to the General Assembly on or before March 15, 1993, 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 Committee shall terminate.
Sec. 10.5.  The Committee may meet at any time upon the joint call of the cochairmen.  With the prior approval of the Legislative Services Commission, the Committee may meet in the Legislative Building or the Legislative Office Building.
Sec. 10.6.  Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1, 138-5, and 138-6, as appropriate.
Sec. 10.7.  The Committee 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 Committee. The House of Representatives' and the Senate's Supervisor of Clerks shall assign clerical staff to the Commission or Committee, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees shall be borne by the Committee.
Sec. 10.8.  When a vacancy occurs in the membership of the Committee the vacancy shall be filled by the same appointing officer who made the initial appointment.
Sec. 10.9.  All State departments and agencies and local governments and their subdivisions shall furnish the Committee with any information in their possession or available to them.
Sec. 10.10.  There is appropriated from the General Fund to the General Assembly the sum of thirty thousand dollars ($30,000) for the 1992-93 fiscal year for the expenses of the Committee established by this Part.

PART XI.––-COMMISSION ON ACCESS TO HEALTH INSURANCE
Sec. 11.1.  Health Care Access and Cost Control Plan (H.B. 1458 - Gamble).  In addition to its other duties, the Commission on Access to Health Insurance shall study the need and feasibility of establishing a North Carolina Health Care Access and Cost Control Plan, as proposed in House Bill 1458 of the 1991 General Assembly (Regular Session 1992).
Sec. 11.2.  One Day Conference (H.B. 1614 - Jeralds). Section 9.1 of Chapter 754 of the 1991 Session Laws is amended by adding the following new subdivision to read:
"(6)	The feasibility of using resources made available from the business community and from philanthropic sources to hold during 1992 a one-day conference on the subject of ‘access to health care'.  If the Commission determines that a conference is feasible through these resources, then the Commission shall use the resources to arrange for the conference to take place."
Sec. 11.3.  Access to Primary Care (H.B. 1564 - R. Hunter, S.B. 1108 - Forrester).  In addition to its other duties, the Commission on Access to Health Insurance shall study and make recommendations on the issues involved with the critical shortage of primary care physicians and the impact of this shortage on access to health care.  The Commission may consider the provisions of House Bill 1564 and Senate Bill 1108 of the 1991 General Assembly (Regular Session 1992) in determining the nature, scope, and aspects of this study.

PART XII.––-CANCER CONTROL STUDY COMMISSION
(H.B. 1617 - Jeralds, S.B. 1116, S.B. 1166 - Daniel)
Sec. 12.1.  The Cancer Control Study Commission is created.  The Commission shall consist of 20 members who shall be appointed as follows:
(1)	Ten members appointed by the President Pro Tempore of the Senate as follows:
a.	Five members of the Senate;
b.	One person from each of the three North Carolina Comprehensive Cancer Centers;
c.	A member of the North Carolina Nurses Association; and
d.	The State Health Director, or his designee; and
(2)	Ten members appointed by the Speaker of the House of Representatives as follows:
a.	Five members of the House of Representatives;
b.	A member of the Cancer Committee of the North Carolina Medical Society;
c.	A member of the Old North State Medical Society;
d.	A volunteer of the American Cancer Society, North Carolina Division, Inc.;
e.	A representative of the North Carolina Hospital Association; and
f.	A member of the Local Health Directors' Association.
Sec. 12.2.  The President Pro Tempore of the Senate shall designate one Senator as cochair and the Speaker of the House of Representatives shall designate one Representative as cochair.  The cochairs shall call the first meeting and preside at alternate meetings.
Sec. 12.3.  The Commission shall study cancer control activities and services in North Carolina and make recommendations that will assure coordinated and adequately financed statewide cancer control efforts.
Sec. 12.4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives no later than March 31, 1993.  Upon filing its final report, the Commission shall terminate.
Sec. 12.5.  The Commission may meet at any time upon the joint call of the cochairs.  With the prior approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building.
Sec. 12.6.  Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1, 138-5, and 138-6, as applicable.
Sec. 12.7.  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02, and may purchase or contract for the materials and services it needs.  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. 12.8.  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.
Sec. 12.9.  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. 12.10.  There is appropriated from the General Fund to the General Assembly the sum of ten thousand dollars ($10,000) for the 1992-93 fiscal year for the expenses of the Commission established by this Part.

PART XIII.––-BILLS AND RESOLUTIONS REFERENCES
Sec. 13.1. The listing of the original bill or resolution in this act is for information 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 XIV.––-APPROPRIATION FOR STUDIES
Sec. 14.1.  In addition to other appropriations, there is appropriated from the General Fund to the General Assembly's Legislative Research Commission the sum of one hundred fifty thousand dollars ($150,000) for the 1992-93 fiscal year to fund its work.

PART XV.––-EFFECTIVE DATE
Sec. 15.1.  Except as otherwise specifically provided, this act becomes effective July 1, 1992.