GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 290

Short Title:  GPAC/General Assembly.	(Public)
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Sponsors: (by request) Representatives Blue, Barnes, Diamont, Hackney, Hensley, H. Hunter, G. Miller, Nesbitt, and Robinson.
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Referred to:  Rules, Calendar, and Operations of the House.
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February 25, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT THE RECOMMENDATIONS OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE REGARDING THE GENERAL ASSEMBLY.
The General Assembly of North Carolina enacts:
––-G. A. HUMAN RESOURCES MANAGEMENT.
Section 1.  (a) G.S. 120-36 reads as rewritten:
"§ 120-36.  Legislative Services Officer; Human Resources Management Officer; appointment; duties.
(a)	The Legislative Services Officer of the General Assembly shall be appointed by and serve at the pleasure of the Legislative Services Commission, and his compensation shall be fixed by the Legislative Services Commission.
(b)	The Legislative Services Officer of the General Assembly shall perform such duties as are assigned to him by the Legislative Services Commission and shall be available to the Legislative Research Commission to provide such clerical, printing, drafting, and research duties as are necessary to the proper functions of the Legislative Research Commission.
(c)	The Human Resources Management Officer shall be appointed by the Legislative Services Commission and shall serve under the supervision of the Legislative Services Officer.  The compensation of the Human Resources Management Officer shall be set by the Legislative Services Commission.
(d)	The Human Resources Management Officer shall be responsible for the development, maintenance, and implementation of the following human resources programs for employees of the General Assembly: job descriptions, a classification system, a pay plan, a performance management system, personnel policies and procedures, recruitment and selection, career development, and training.  The Human Resources Management Officer shall work in cooperation with the Office of State Personnel regarding human resources management planning and employee training and development."
(b)	This section is effective upon ratification.
––-LEGISLATIVE PEER REVIEW.
Sec. 2.  (a)	The General Assembly shall have conducted a peer review of the organizational structure and staffing capabilities and levels required to serve the General Assembly in the future.  The review shall be completed by July 1, 1994.
(b)	There is appropriated from the General Fund to the General Assembly for fiscal year 1993-94 the sum of fifty thousand dollars ($50,000) to implement this section.
(c)	This section becomes effective July 1, 1993.
––-CLARIF./LSC, LSO, AND LAO DUTIES.
Sec. 3.  (a) The Legislative Services Commission shall fill the current vacant position of Legislative Services Officer.
(b) The Legislative Services Commission shall also clarify the roles and responsibilities of the Legislative Services Commission, the Legislative Services Officer, and the Legislative Administrative Officer.
(c)	G.S. 20-79.5(a) reads as rewritten:
"(a)	Plates. – The State government officials listed in this section are eligible for a special registration plate under G.S. 20-79.4. The plate shall bear the number designated in the following table for the position held by the official.
Position	Number on Plate
Governor	1
Lieutenant Governor	2
Speaker of the House of Representatives	3
President Pro Tempore of the Senate	4
Secretary of State	5
State Auditor	6
State Treasurer	7
Superintendent of Public Instruction	8
Attorney General	9
Commissioner of Agriculture	10
Commissioner of Labor	11
Commissioner of Insurance	12
Speaker Pro Tempore of the House	13
Legislative Services Officer	14
Secretary of Administration	15
Secretary of Environment, Health, and Natural Resources	16
Secretary of Revenue	17
Secretary of Human Resources	18
Secretary of Commerce	19
Secretary of Correction	20
Secretary of Cultural Resources	21
Secretary of Crime Control and Public Safety	22
Governor's Staff	23-29
State Budget Officer	30
State Personnel Director	31
Advisory Budget Commission Nonlegislative Member	32-41
Chair of the State Board of Education	42
President of the U.N.C. System	43
Alcoholic Beverage Control Commission	44-46
Assistant Commissioners of Agriculture	47-48
Deputy Secretary of State	49
Deputy State Treasurer	50
Assistant State Treasurer	51
Deputy Commissioner for the Department of Labor	52
Chief Deputy for the Department of Insurance	53
Assistant Commissioner of Insurance	54
Deputies and Assistant to the Attorney General	55-65
Board of Economic Development Nonlegislative Member	66-88
State Ports Authority Nonlegislative Member	89-96
Utilities Commission Member	97-104
Parole Commission Member	105-109
State Board Member, Commission Member, or State
     Employee Not Named in List	110-200".
(d)	G.S. 120-32.01 reads as rewritten:
"§ 120-32.01. Information to be supplied.
(a)	Every State department, State agency, or State institution shall furnish the Legislative Services Office and the Research, Fiscal Research, and Bill Drafting Divisions any information or records requested by them. Except when accessibility is prohibited by a federal statute, federal regulation or State statute, every State department, State agency, or State institution shall give the Fiscal Research Division access to any data base or stored information maintained by computer, telecommunications, or other electronic data processing equipment, whether stored on tape, disk, or otherwise, and regardless of the medium for storage or transmission.
(b)	Notwithstanding subsection (a) of this section, access to the State Personnel Management Information System by the Legislative Services Office and by the Research and Bill Drafting Divisions shall only be through the Fiscal Research Division."
(e)  G.S. 120-32.1 reads as rewritten:
"§ 120-32.1.  Use and maintenance of buildings and grounds.
(a)	The Legislative Services Commission shall:
(1)	Establish policy for the use of the State legislative buildings and grounds;
(2)	Maintain and care for the State legislative buildings and grounds, but the Commission may delegate the actual work of the maintenance of those buildings and grounds to the Department of Administration, which shall perform the work as delegated;
(3)	Provide security for the State legislative buildings and grounds;
(4)	Allocate space within the State legislative buildings and grounds; and
(5)	Have the exclusive authority to assign parking space in the State legislative buildings and grounds.
(b)	The Legislative Services Officer shall have posted the rules adopted by the Legislative Services Commission under the authority of this section in a conspicuous place in the State Legislative Building and the Legislative Office Building. The Legislative Services Officer shall have filed a copy of the rules, certified by the chairman of the Legislative Services Commission, in the office of the Secretary of State and in the office of the Clerk of the Superior Court of Wake County. When so posted and filed, these rules shall constitute notice to all persons of the existence and text of the rules. Any person, whether on his own behalf or for another, or acting as an agent or representative of any person, firm, corporation, partnership or association, who knowingly violates any of the rules adopted, posted and filed under the authority of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment in the discretion of the court, or by both such fine and imprisonment. Any person, firm, corporation, partnership or association who combines, confederates, conspires, aids, abets, solicits, urges, instigates, counsels, advises, encourages or procures another or others to knowingly violate any of the rules adopted, posted and filed under the authority of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment in the discretion of the court, or by both such fine and imprisonment.
(c)	The Legislative Services Commission may cause to be removed at the owner's expense any vehicle parked in the State legislative buildings and grounds in violation of the rules of the Legislative Services Commission and may cause to be removed any vehicle parked in any State-owned parking space leased to an employee of the General Assembly where the vehicle is parked without the consent of the employee to whom the space is leased.
(d)	For the purposes of this section, the term 'State legislative buildings and grounds' means:
(1)	At all times:
a.	The State Legislative Building and the area between outer walls of the State Legislative Building and the near curbline of those sections of Jones, Wilmington, Lane, and Salisbury Streets which border land on which the State Legislative Building is situated;
b.	The Legislative Office Building and the areas between its outer walls and the near curbline of those sections of Lane and Salisbury Streets that border the land on which it is situated;
c.	Any State-owned parking lot which is leased to the General Assembly; and
d.	The bridge between the State Legislative Building and the State Governmental Mall.
(2)	In addition, the surface area to the far curbline of those sections of Jones, Wilmington, Lane, and Salisbury Streets which border the land on which the State Legislative Building is situated:
a.	When the General Assembly is in regular or extra session; and
b.	On other days on which one or more standing committees of either or both houses of the General Assembly are meeting and the Legislative Services Officer determines that additional parking is needed for the functioning of the General Assembly and files notice of the committee's or committees' meetings and his finding that additional parking is needed in the office of the Secretary of State and that of Clerk of the Superior Court of Wake County."
(f)  G.S. 120-36.6 reads as rewritten:
"§ 120-36.6.  Legislative Fiscal Research staff participation.
Legislative fiscal research staff members may attend all meetings of the Advisory Budget Commission and all hearings conducted by or for the Commission, and may accompany the Commission to inspect the facilities of the State.  The Legislative Services Officer shall designate a member of the Fiscal Research staff, and a member of the General Research or Bill Drafting staff who may attend all meetings of the Board of Awards and Council of State, unless the Board or Council has voted to exclude them from the specific meeting, provided that no final action may be taken while they are so excluded.  The Legislative Services Officer and the Director of Fiscal Research shall be notified of all such meetings, hearings and trips in the same manner and at the same time as notice is given to members of the Board, Commission or Council.  The Legislative Services Officer and the Director of Fiscal Research shall be provided with a copy of all reports, memoranda, and other informational material which are distributed to the members of the Board, Commission, or Council; these reports, memoranda and materials shall be delivered to the Legislative Services Officer and the Director of Fiscal Research at the same time that they are distributed to the members of the Board, Commission, or Council."
(g)  G.S. 120-70.36 reads as rewritten:
"§ 120-70.36. Staffing.
The Legislative Services Officer shall assign as staff to the Joint Select Committee professional employees of the General Assembly, as approved by the Legislative Services Commission.  Clerical staff shall be assigned to the Joint Select Committee through the offices of the Supervisor of Clerks of the Senate and Supervisor of Clerks of the House of Representatives.  The expenses of employment of clerical staff shall be borne by the Joint Select Committee."
(h)  G.S. 120-70.46 reads as rewritten:
"§ 120-70.46. Staffing.
The Legislative Services Officer shall assign as staff to the Environmental Review Commission professional employees of the General Assembly, as approved by the Legislative Services Commission.  Clerical staff shall be assigned to the Environmental Review Commission through the offices of the Supervisor of Clerks of the Senate and Supervisor of Clerks of the House of Representatives.  The expenses of employment of clerical staff shall be borne by the Environmental Review Commission."
(i)  G.S. 120-70.52(c) reads as rewritten:
"(c)	The Committee shall be funded by appropriations made to the Highway Trust Fund and allocated to the Intrastate System projects.  Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1.  The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work.  Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee.  The expenses for clerical employees shall be borne by the Committee."
(j)  G.S. 120-70.65 reads as rewritten:
"§ 120-70.65.  Staffing.
The Legislative Services Officer shall assign as staff to the Commission professional employees of the General Assembly, as approved by the Legislative Services Commission.  Clerical staff shall be assigned to the Commission through the Offices of the Supervisor of Clerks of the Senate and Supervisor of Clerks of the House of Representatives.  The expenses of employment of clerical staff shall be borne by the Commission."
(k)  G.S. 120-70.82(c) reads as rewritten:
"(c)	Members of the Committee receive subsistence and travel expenses as provided in G.S. 120-3.1.  The Committee may contract for consultants or hire employees in accordance with G.S. 120-32.02.  The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work.  Upon the direction of the Legislative Services Commission, the Supervisors of Clerks of the Senate and of the House of Representatives shall assign clerical staff to the Committee.  The expenses for clerical employees shall be borne by the Committee."
(l)  G.S. 143-8 reads as rewritten:
"§ 143-8.  Reporting of legislative and judicial expenditures and financial needs.
On or before the first day of September, biennially, in the even-numbered years, the Legislative Services Officer shall furnish the Director a detailed statement of expenditures of the General Assembly for the current fiscal biennium, and an estimate of its financial needs, itemized in accordance with the budget classification adopted by the Director and approved and certified by the President pro tempore of the Senate and the Speaker of the House for each year of the ensuing biennium, beginning with the first day of July thereafter.  The Administrative Officer of the Courts shall furnish the Director a detailed statement of expenditures of the judiciary, and for each year of the current fiscal biennium an estimate of its financial needs as provided by law, itemized in accordance with the budget classification adopted by the Director and approved and certified by the Chief Justice for each year of the ensuing biennium, beginning with the first day of July thereafter.  The Director shall include these estimates and accompanying explanations in the budget submitted with such recommendations as the Director may desire to make in reference thereto."
(m)  This section is effective upon ratification.
––-LEGISLATIVE SERVICES SCHEDULE.
Sec. 4.  (a) G.S. 120-31 is amended by adding a new subsection to read:
"( f)	The Legislative Services Commission shall meet at least quarterly, but may provide for cancellation of a meeting if there is no business to transact."
(b)	This section is effective upon ratification
––-LEGISLATIVE FACILITIES PLAN.
Sec. 5.  (a) The Legislative Services Commission shall develop a facilities plan that defines current space needs and plans for future needs for facilities and storage space. This plan shall be completed by July 1, 1994.
(b)	This section is effective upon ratification.
––-INDEXING OF JOURNALS.
Sec. 6.  (a) G.S. 120-28 reads as rewritten:
"§ 120-28. Journals indexed by clerks.
The principal clerks of the two houses of the General Assembly shall provide full and complete indexes for the journals of their respective houses.  The indexes for the journals shall be produced in a manner consistent with procedures established by the Legislative Services Commission under G.S. 120-32(7)a."
(b)	G.S. 120-32 reads as rewritten:
"§ 120-32. Commission duties.
The Legislative Services Commission is hereby authorized to:
(1)	Determine the number, titles, classification, functions, compensation, and other conditions of employment of the joint legislative service employees of the General Assembly, including but not limited to the following departments:
a.	Legislative Services Officer and personnel,
b.	Electronic document writing system,
c.	Proofreaders,
d.	Legislative printing,
e.	Enrolling clerk and personnel,
f.	Library,
g.	Research and bill drafting,
h.	Printed bills,
i.	Disbursing and supply;
(2)	Determine the classification and compensation of employees of the respective houses other than staff elected officers; however, the hiring of employees of each house and their duties shall be prescribed by the rules and administrative regulations of the respective house;
(3)	Acquire and dispose of furnishings, furniture, equipment, and supplies required by the General Assembly, its agencies and commissions and maintain custody of same between sessions. It shall be a misdemeanor for any person(s) to remove any state-owned furniture, fixtures, or equipment from the State Legislative Building for any purpose whatsoever, except as approved by the Legislative Services Commission;
(4)	Contract for services required for the operation of the General Assembly, its agencies, and commissions; however, any departure from established operating procedures, requiring a substantial expenditure of funds, shall be approved by appropriate resolution of the General Assembly;
(5)	a.	Provide for engrossing and enrolling of bills,
b.	Appoint an enrolling clerk to act under its supervision in the enrollment and ratification of acts;
(6)	a.	Provide for the duplication and limited distribution of copies of ratified laws and joint resolutions of the General Assembly and forward such copies to the persons authorized to receive same,
b.	Maintain such records of legislative activities and publish such documents as it may deem appropriate for the operation of the General Assembly;
(7)	a.	Provide for the indexing and printing of the session laws of each regular, extra or special session of the General Assembly, provide for the printing of the journal of each house of the General Assembly, and establish procedures for the principal clerks of the House of Representatives and the Senate to use in producing uniform indexes,
b.	Provide and supply to the Secretary of State such bound volumes of the journals and session laws as may be required by him to be distributed under the provisions of G.S. 147-45, 147-46.1 and 147-48.
(8)	Repealed by Session Laws 1985 (Reg. Sess., 1986), c. 1014, s. 40.
(9)	To establish a bill drafting division to draft bills at the request of members or committees of the General Assembly.
(10)	To select the locations for buildings occupied by the General Assembly, and to name any building occupied by the General Assembly.
(11)	To specify the uses within the General Assembly budget of funds appropriated to the General Assembly which remain available for expenditure after the end of the biennial fiscal period, and to revert funds under G.S. 143-18.
(12)	Provide insurance to provide excess indemnity for any occurrence which results in a claim against any member of the General Assembly, as provided in G.S. 143-300.2 through G.S. 143-300.6. That insurance may not provide for any indemnity to be payable for any claim not covered by the above cited statutes, nor for any criminal act by a member, nor for any act committed by a member or former member prior to the inception of insurance.
(13)	Provide insurance to provide excess indemnity for any occurrence that results in a claim against any employee, officer, or committee, subcommittee, or commission member in the legislative branch other than a member of the General Assembly, as provided in G.S. 143-300.2 through G.S. 143-300.6. That insurance may not provide for any indemnity to be payable for any claim not covered by the above cited statutes, nor for any criminal act, nor for any act committed prior to the inception of insurance."
(c)	This section is effective upon ratification.
––-IMPLEMENTATION REVIEW OF GPAC
Sec.  7.  (a) The Legislative Research Commission may establish a follow-up process, including external review, for the implementation of the recommendations of the Government Performance Audit Committee.  The Commission may report the results of its study to the 1994 Regular Session of the 1993 General Assembly and to the 1995 General Assembly.
(b)	This section is effective upon ratification.