GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 1504
Appropriations Committee Substitute Adopted with Amendment 6/2/94

Short Title:  Budget Modification 2.	(Public)
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Sponsors:
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Referred to:  
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH AND APPROPRIATE FUNDS FOR THE FIRST FLIGHT COMMISSION; TO REDUCE COSTS TO THE STATE BY AUTHORIZING PRIVATE PUBLICATION OF THE ADMINISTRATIVE CODE; TO CHANGE STATUTORY REFERENCES TO AIR CARGO AIRPORT AUTHORITY; TO EXPAND THE DUTIES OF THE STATE CONTROLLER; TO ALLOW CHILDREN TO ATTEND COMMUNITY COLLEGES; TO AUTHORIZE RECORD CHECKS OF SCHOOL EMPLOYEES; CONCERNING THE LAW PERTAINING TO SCHOOL TEXTBOOKS; AND PERTAINING TO EROSION OF BEACHES.
The General Assembly of North Carolina enacts:
CHANGE NAME OF NORTH CAROLINA AIR CARGO AIRPORT AUTHORITY TO NORTH CAROLINA GLOBAL TRANSPARK AUTHORITY
Section 1.  (a)	The title of Chapter 63A of the General Statutes reads as rewritten:
"North Carolina Global TransPark Authority."
(b)	G.S. 63A-1 reads as rewritten:
"§ 63A-1.  Short title and intent.
This Chapter is the 'North Carolina Global TransPark Authority Act.' It is enacted in part pursuant to Article V, Section 13, of the North Carolina Constitution with the intent that the body politic and corporate created by this Chapter shall have all power and authority as may be provided to it under that section of the Constitution."
(c)	G.S. 63A-2(3) reads as rewritten:
"(3)	Authority. – The North Carolina Global TransPark Authority."
(d)	G.S. 63A-3(a) reads as rewritten:
	"(a)	Creation.  The North Carolina Global TransPark Authority is created as a body corporate and politic having the powers and jurisdiction as provided under this Chapter or any other law. The Authority is a State agency created to perform essential governmental and public functions. The Authority shall be located within the Department of Transportation, but shall exercise all of its powers, including the power to employ, direct, and supervise all personnel, independently of the Secretary of Transportation and, notwithstanding any other provision of law, shall be subject to the direction and supervision of the Secretary only with respect to the management functions of coordinating and reporting."
(dl)  G.S. 63A-3(b) reads as rewritten:
"(b)	Board of Directors.  The Authority shall be governed by a Board of Directors.  The Board shall consist of at least the following 19 members:
(1)	Seven members appointed by the Governor.
(2)	Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
(3)	Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
(4)	The State Treasurer, who shall serve as an ex officio nonvoting member.
(5)	The President of the North Carolina System of Community Colleges, provided that the President of the North Carolina Community Colleges may instead appoint to the Board of Directors one member of the board of trustees of a community college or one president of a community college.  If such an appointment is made, the appointee shall serve at the pleasure of the President.
(6)	The President of The University of North Carolina, provided that the President of the University of North Carolina may instead appoint to the Board of Directors one member of the board of trustees of a constituent institution of The University of North Carolina, or one chancellor of a constituent institution of The University of North Carolina.  If such an appointment is made, the appointee shall serve at the pleasure of the President.
(7)	The Chairman of the State Ports Authority.
(8)	One member appointed by the board of county commissioners of any county in which the cargo airport complex site is located.
(9)	One member appointed by the city council of the city which is a county seat of any county in which the cargo airport complex site is located.
(10)	The Commissioner of Agriculture, who shall serve as an ex officio nonvoting member.
Within 90 days after the Authority acquires land, either by purchase or condemnation, for development as part of a cargo airport complex site, the board of county commissioners in any county in which a portion of the land is located and the city council of the city which is the county seat of the county shall, by resolution, each appoint a person to serve as a member of the Board.  If the board of commissioners or the city council appoints one of its own members to the Board, the county commissioner or the member of the city council who is appointed is considered to be serving on the Board as an ex officio voting member as part of the duties of the office of county commissioner or the office of city council member, in accordance with G.S. 128-1.2, and is not considered to be serving in a separate office.  Notwithstanding G.S. 116-31(h), a member of the board of trustees of a constituent institution of The University of North Carolina appointed to the Board of Directors under subdivision (6) of this subsection may concurrently serve on the board of trustees and the Board of Directors.  Notwithstanding any other provision of law, the Governor may serve on the Board of Directors by his own appointment on or after July 16, 1991, under subdivision (1) of this subsection.
As the holder of an office, each member of the Board shall take the oath required by Article VI, § 7 of the North Carolina Constitution before assuming the duties of a Board member."
(e)  G.S. 66-58(b)(17) reads as rewritten:
"(17)	The North Carolina Global TransPark Authority or a lessee of the Authority."
(f)  G.S. 120-123(25a) reads as rewritten:
"(25a)	The North Carolina Global TransPark Authority as established under G.S. 63A-3."
(g)  G.S. 126-5(c1)(15) reads as rewritten:
"(15)	Employees of the North Carolina Global TransPark Authority."
(h)  G.S. 143-336 reads as rewritten:
"§ 143-336.  Definitions.
As used in this Article:
'Agency' includes every agency, institution, board, commission, bureau, council, department, division, officer, and employee of the State, but does not include counties, municipal corporations, political subdivisions, county and city boards of education, and other local public bodies.
'Community college buildings' means all buildings, utilities, and other property developments located at a community college, which is defined in G.S. 115D-2(2).
	'Department' means the Department of Administration, unless the context otherwise requires.
'Public buildings' means all buildings owned or maintained by the State in the City of Raleigh, but does not mean any building which a State agency other than the Department of Administration is required by law to care for and maintain.
'Public buildings and grounds' means all buildings and grounds owned or maintained by the State in the City of Raleigh, but does not mean any building or grounds which a State agency other than the Department of Administration is required by law to care for and maintain.
'Public grounds' means all grounds owned or maintained by the State in the City of Raleigh, but does not mean any grounds which a State agency other than the Department of Administration is required by law to care for and maintain.
'Secretary' means the Secretary of Administration, unless the context otherwise requires.
'State buildings' mean all State buildings, utilities, and other property developments except the State Legislative Building, railroads, highway structures, bridge structures, and any buildings, utilities, or property owned or leased by the North Carolina Global TransPark Authority.
But under no circumstances shall this Article or any part thereof apply to the judicial or to the legislative branches of the State."
(i)  G.S. 147-69.2(b)(11) reads as rewritten:
"(11)	With respect to assets of the Escheat Fund, obligations of the North Carolina Global TransPark Authority authorized by G.S. 63A-4(a)(22), not to exceed twenty-five million dollars ($25,000,000), that have a final maturity not later than September 1, 1999. The obligations shall bear interest at the rate set by the State Treasurer. No commitment to purchase obligations may be made pursuant to this subdivision after September 1, 1993, and no obligations may be purchased after September 1, 1994.  In the event of a loss to the Escheat Fund by reason of an investment made pursuant to this subdivision, it is the intention of the General Assembly to hold the Escheat Fund harmless from any such loss by appropriating to such Escheat Fund funds equivalent to such loss."
(j)  G.S. 150B-1(d)(5) reads as rewritten:
"(5)	The North Carolina Global TransPark Authority with respect to the acquisition, construction, operation, or use, including fees or charges, of any portion of a cargo airport complex."
(k)  G.S. 150B-1(e)(10) reads as rewritten:
"(10)	The North Carolina Global TransPark Authority with respect to the acquisition, construction, operation, or use, including fees or charges, of any portion of a cargo airport complex."
(l)  Any reference to the North Carolina Air Cargo Airport Authority in any other act of the General Assembly is deemed to refer to the North Carolina Global TransPark Authority.
SWITCHED BROADBAND TELECOMMUNICATIONS
Sec. 2. (a)	G.S. 143B-426.39 is amended by adding a new subdivision to read:
"(16)	Establish switched broadband telecommunications services and permit in addition to State agencies, cities, counties, and other local government units, the following organizations and entities to share on a not-for-profit basis:
a.	Nonprofit educational institutions;
b.	The Microelectronics Center of North Carolina ('MCNC');
c.	Research affiliates of MCNC for use only in connection with research activities sponsored or funded, in whole or in part, by MCNC, if such research activities related to health care or education in North Carolina;
d.	Agencies of the United States government operating in North Carolina for use only in connection with activities that relate to health care or education in North Carolina; or
e.	Hospitals, clinics, and other health care facilities for use only in connection with activities that relate to health care or education in North Carolina.
Provided, however, that sharing of the switched broadband telecommunication services by State agencies with entities or organizations in the categories set forth herein shall not cause the State, the Office of State Controller, or the MCNC to be classified as a public utility as that term is defined in G.S. 62-3(23)a.6.  Nor shall the State, the Office of State Controller, or the MCNC engage in any activities that may cause those entities to be classified as a common carrier as that term is defined in the federal Communications Act of 1934, 47 U.S.C. § 153(h).  Provided further, authority to share the switched broadband telecommunication services with the non-State agencies set forth above shall terminate one year from the effective date of a tariff that makes the broadband services available to any customer."
(b)	G.S. 62-3(23) is amended by adding a new subparagraph as follows:
"i.	The term public utility shall not include the State, the Office of the State Controller, or the Microelectronics Center of North Carolina in the provision or sharing of switched broadband telecommunication services with non-State entities or organizations of the kind or type set forth in G.S. 143B-426.39."
CHILDREN MAY ATTEND COMMUNITY COLLEGE
Sec. 3.  G.S. 115D-20(4) reads as rewritten:
"(4)	To apply the standards and requirements for admission and graduation of students and other standards established by the State Board of Community Colleges. Provided, notwithstanding any law or administrative rule to the contrary, local administrative boards and local school boards may establish cooperative programs in the areas they serve to provide for college courses to be offered to qualified high school students with college credits to be awarded to those high school students upon the successful completion of the courses.  Provided, further, that during the summer quarter, persons less than 16 years old may be permitted to take noncredit courses on a self-supporting basis, subject to rules of the State Board of Community Colleges.
		A public school child 12 years of age or older may attend classes at a community college after the end of the public school day if the child's parent or guardian, the child's school superintendent and principal, and the chief academic officer of the community college find that the classes are unavailable at the child's public school and the classes are appropriate for the child based on the child's academic readiness to attend the classes, motivation for academic achievement, and level of maturity.  These children shall pay in-State tuition and shall not be counted for the purpose of computing the number of full-time equivalent students for State funding formulas."
RECORD CHECKS OF SCHOOL EMPLOYEES AUTHORIZED
Sec. 4.  (a)	Article 22 of Chapter 115C of the General Statutes is amended by adding a new Part to read:
"Part 6.  Criminal History Checks.
"§ 115C-332. School personnel criminal history checks.
(a)	As used in this section:
(1)	'Criminal history' means a county, State, or federal criminal history of conviction of a crime, whether a misdemeanor or a felony, that indicates the employee (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as public school personnel.  Such a crime includes the following North Carolina crimes contained in any of the following Articles of Chapter 14 of the General Statutes:  Article 5A, Endangering Executive and Legislative Officers; Article 6, Homicide; Article 7A, Rape and Kindred Offenses; Article 8, Assaults; Article 10, Kidnapping and Abduction; Article 13, Malicious Injury or Damage by Use of Explosive or Incendiary Device or Material; Article 14, Burglary and Other Housebreakings; Article 15, Arson and Other Burnings; Article 16, Larceny; Article 17, Robbery; Article 18, Embezzlement; Article 19, False Pretense and Cheats; Article 19A, Obtaining Property or Services by False or Fraudulent Use of Credit Device or Other Means; Article 20, Frauds; Article 21, Forgery; Article 26, Offenses Against Public Morality and Decency; Article 26A, Adult Establishments; Article 27, Prostitution; Article 28, Perjury; Article 29, Bribery; Article 31, Misconduct in Public Office; Article 35, Offenses Against the Public Peace; Article 36A, Riots and Civil Disorders; Article 39, Protection of Minors; and Article 60, Computer-Related Crime.  Such a crime also includes possession or sale of drugs in violation of the North Carolina Controlled Substances Act, Article 5 of Chapter 90 of the General Statutes, and alcohol-related offenses such as sale to underage persons in violation of G.S. 18B-302 or driving while impaired in violation of G.S. 20-138.1 through G.S. 138.5.
(2)	'School personnel' means any:
a.	Employee of a local board of education whether full-time or part-time, or
b.	Independent contractor or employee of an independent contractor of a local board of education, if the independent contractor carries out duties customarily performed by school personnel,
	whether paid with federal, State, local, or other funds, who has significant access to students.  School personnel includes substitute teachers, driver training teachers, bus drivers, clerical staff, and custodians.
(b)	Each local board of education shall adopt a policy on whether and under what circumstances an applicant for a school personnel position shall be required to be checked for a criminal history before the applicant is offered an unconditional job. Each local board of education shall apply its policy uniformly in requiring applicants for school personnel positions to be checked for a criminal history.  A local board of education that requires a criminal history check for an applicant may employ an applicant conditionally while the board is checking the person's criminal history and making a decision based on the results of the check.
A local board of education shall not require an applicant to pay for the criminal history check authorized under this subsection.
(c)	The Department of Justice shall provide to the local board of education the criminal history from the State and National Repositories of Criminal Histories of any applicant for a school personnel position in the local school administrative unit.  The local board of education shall require the person to be checked by the Department of Justice to (i) be fingerprinted by the local sheriff or the municipal police, whichever is more convenient for the person, (ii) provide to the local sheriff or the municipal police any additional information required by the Department of Justice, and (iii) sign a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the repositories.  The local board of education shall consider refusal to consent when making employment decisions and decisions with regard to independent contractors.
The local board of education shall not require an applicant to pay for being fingerprinted.
(d)	The local board of education shall investigate the criminal history it receives on a person.  The local board shall determine whether the results of the investigation indicate that the employee (i) poses a threat to the physical safety of students or personnel, or (ii) has demonstrated that he or she does not have the integrity or honesty to fulfill his or her duties as public school personnel and shall use the information when making employment decisions and decisions with regard to independent contractors.  The local board shall make written findings with regard to how it used the information when making employment decisions and decisions with regard to independent contractors.
(e)	The local board of education shall provide to the State Board of Education the criminal history it receives on a person who is certificated, certified, or licensed by the State Board of Education.  The State Board of Education shall investigate the criminal history and determine whether the person's certificate or license should be revoked in accordance with State laws and rules regarding revocation.
(f)	All the information received by the local board of education through the checking of the criminal history or by the State Board of Education in accordance with subsection (d) of this section is privileged information and for the exclusive use of the local board of education or the State Board of Education.  The local board of education or the State Board of Education may destroy the information after it is used for the purposes authorized by this section after one calendar year.
(g)	No action for civil or criminal liability shall be brought against a local board of education or the State Board of Education as a result of actions taken to carry out its duties under this section if the local board of education or the State Board of Education was acting in good faith and in accordance with this section and the rules established pursuant to it."
(b)	G.S. 114-19.2(a) reads as rewritten:
"(a)	The Department of Justice may provide a criminal record check to the local board of education of a person who is employed in a public school in that local school district or of a person who has applied for employment in a public school in that local school district, if the employee or applicant consents to the record check.  The Department may also provide a criminal record check to the local board of education from National Repositories of Criminal Histories, in accordance with G.S. 115C-295.1.  The information shall be kept confidential by the local board of education as provided in Article 21A of Chapter 115C."
(c)	The State Board of Education, in consultation with the Division of Criminal Information of the Department of Justice, shall adopt rules to implement this section.
	(d)	For the 1994-95 fiscal year, the fee charged for being fingerprinted by local law enforcement agencies in accordance with subsection (a) of this section shall not exceed the current rate of five dollars ($5.00).
SCHOOL TEXTBOOK LAW CHANGES
Sec. 5.  (a)	G.S. 115C-85 reads as rewritten:
"§ 115C-85.  Textbook needs are determined by course of study.
When the State Board of Education has adopted, upon the recommendation of the Superintendent of Public Instruction, a standard course of study at each instructional level in the elementary school and the secondary school, setting forth what subjects shall be taught at each level, it shall proceed to select and adopt textbooks.
As used in this part, 'textbook' means systematically organized material comprehensive enough to cover the primary objectives outlined in the standard course of study for a grade or course.  Formats for textbooks may be print or nonprint, including hardbound books, softbound books, activity-oriented programs, classroom kits, and technology-based programs that require the use of electronic equipment in order to be used in the learning process.
Textbooks adopted in accordance with the provisions of this Part shall be used by the public schools of the State."
(b)	G.S. 115C-88 reads as rewritten:
"§ 115C-88.  Commission to evaluate textbooks offered for adoption.
The members of the Commission who are teachers, principals or the parent of students shall evaluate all  textbooks offered for adoption.
Each member shall examine carefully and file a written evaluation of each textbook offered for adoption.
The evaluation report shall give special consideration to the suitability of the textbook to the instructional level for which it is offered, the content or subject matter, and other criteria prescribed by the Board.
Each evaluation report shall be signed by the member making the report and filed with the Board not later than a day fixed by the Board when the call for adoption is made."
(c)	G.S. 115C-99 reads as rewritten:
"§ 115C-99.  Legal custodians of textbooks furnished by State.
Local boards of education are the custodians of all textbooks purchased by the local boards with State funds. They shall provide adequate and safe storage facilities for the proper care of these textbooks and emphasize to all students the necessity for proper care of textbooks."
(d)	G.S. 115C-100 reads as rewritten:
"§ 115C-100.  Rental fees for textbooks prohibited; damage fees authorized.
No local board of education may charge any pupil a rental fee for the use of textbooks. A pupil's parents or legal guardians may be charged damage fees for abuse or loss of textbooks under rules adopted by the State Board of Education. All money collected from the sale of textbooks purchased with State funds under the provisions of this Part shall be paid annually as collected to the State Board of Education."
DECELERATION OF DOWNDRIFT BEACH EROSION
Sec. 6.  (a)	G.S. 113-229(i) reads as rewritten:
"(i)	Subject to subsection (h1) of this section, all materials excavated pursuant to such permit, regardless of where placed, shall be encased or entrapped in such a manner as to minimize their moving back into the affected water."
(b)	G.S. 113-229 is amended by adding a new subsection to read:
"( h1)	All construction and maintenance dredgings of beach-quality sand shall be placed on the downdrift beaches or, if placed elsewhere, an equivalent quality and quantity of sand from another location shall be placed on the downdrift beaches."
FIRST FLIGHT COMMISSION ESTABLISHED
Sec. 7. (a)	Chapter 143 of the General Statutes is amended by adding the following new Article to read:
"ARTICLE 67.
"First Flight Centennial Commission.
"§ 143-640. Commission established; purpose; members; terms of office; quorum; compensation; termination.
(a)	Establishment. – There is established the First Flight Centennial Commission.  The Commission shall be located within the Department of Cultural Resources for organizational, budgetary, and administrative purposes.
(b)	Purpose. – The purpose of the Commission is to develop and plan activities to commemorate the centennial of the first successful manned, controlled, heavier-than-air, powered flight (in this Article referred to as 'the First Flight') and other historical events related to the development of powered flight.
(c)	Membership. – The Commission shall consist of 26 members, as follows:
(1)	Four persons appointed by the Governor.
(2)	Four persons appointed by the President Pro Tempore of the Senate.
(3)	Four persons appointed by the Speaker of the House of Representatives.
(4)	The following persons or their designees, ex officio:
a.	The Governor.
b.	The President Pro Tempore of the Senate.
c.	The Speaker of the House of Representatives.
d.	The United States Senators from this State.
e.	The member of the United States House of Representatives for the Third Congressional District.
f.	The Governor of the State of Ohio.
g.	The Secretary of the Department of Cultural Resources.
h.	The Superintendent of the Cape Hatteras National Seashore of the United States National Park Service.
i.	The chair of the Centennial of Flight Commemoration Commission.
j.	The President of the First Flight Society.
k.	The chair of the Dare County Board of Commissioners.
l.	The Mayor of the Town of Kill Devil Hills.
m.	The chair of the Dare County Tourism Board.
The members appointed to the First Flight Centennial Commission shall be chosen from among individuals who have the ability and commitment to promote and fulfill the purposes of the Commission, including individuals who have demonstrated expertise in the fields of aeronautics, aerospace science, or history, who have contributed to the development of the fields of aeronautics or aerospace science, or who have demonstrated a commitment to serving the public.
(d)	Terms. – Members shall serve for two-year terms, with no prohibition against being reappointed, except initial appointments shall be for terms as follows:
(1)	The Governor shall initially appoint two members for a term of two years and two members for a term of three years.
(2)	The President Pro Tempore of the Senate shall initially appoint two members for a term of two years and two members for a term of three years.
(3)	The Speaker of the House of Representatives shall initially appoint two members for a term of two years and two members for a term of three years.
Initial terms shall commence on July 1, 1994.
(e)	Chair. – The chair shall be appointed biennially by the Governor from among the membership of the Commission.  The initial term shall commence on July 1, 1994.
(f)	Vacancies. – A vacancy in the Commission or as chair of the Commission resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made and the term shall be for the balance of the unexpired term.
(g)	Compensation. – The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6, as applicable.  When approved by the Commission, members may be reimbursed for subsistence and travel expenses in excess of the statutory amount.
(h)	Removal. – Members may be removed in accordance with G.S. 143B-13 as if that section applied to this Article.
(i)	Meetings. – The chair shall convene the Commission.  Meetings shall be held as often as necessary, but not less than four times a year.
(j)	Quorum. – A majority of the members of the Commission shall constitute a quorum for the transaction of business.  The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission.
(k)	Termination of Commission. – The Commission shall terminate June 30, 2004, which is six months after the 100th anniversary of the First Flight.
"§ 143-641. Powers and duties of the Commission.
(a)	Powers and Duties. – The Commission shall have the following powers and duties:
(1)	To plan and develop activities appropriate to commemorate the centennial of the First Flight, including the coordination of activities throughout the State and nation.
(2)	To coordinate with the national Centennial of Flight Commemoration Commission and the 2003 Fund Commission of Ohio in planning and promoting commemorative events and activities.
(3)	To appoint a director, who shall be exempt from the State Personnel Act, to employ other staff as it deems necessary, subject to the State Personnel Act, and to fix their compensation.
(4)	To adopt bylaws by a majority vote of the Commission.
(5)	To accept grants, contributions, devises, bequests, gifts, and services for the purpose of providing support to the Commission.  The funds and property shall be retained by the Commission, and the Commission shall prescribe rules under which the Commission may accept donations of money, property, or personal services, and determine the value of donations of property or personal services.
(6)	To design, seek clearance for, and register with the Secretary of State a logo as the official emblem of the First Flight celebration, in coordination with the federal advisory commission. The Commission shall issue rules regarding the use of the logo.
(b)	Commemoration Activities. – In planning and implementing appropriate activities to commemorate the centennial of the First Flight, the Commission shall give due consideration to:
(1)	The historical setting in which the First Flight of the Wright Brothers took place.
(2)	The contribution of powered flight to the development of transportation worldwide.
(3)	The contribution that powered flight has made to worldwide trade and the economic development of the United States and all nations.
(4)	The contribution that powered flight has made to world peace and security.
(5)	The need to educate the public regarding the research and development of powered flight, and to acknowledge the development of aeronautics, aerospace science, and the aerospace industry, including the development of the glider and Orville and Wilbur Wright's contribution to the development of the glider.
(6)	The development of aerospace science and the aerospace industry since the First Flight, including the development of space exploration.
(7)	The importance of activities to commemorate the First Flight and to honor Orville and Wilbur Wright and their contribution to powered flight.
(8)	The need to expand the facilities of the Wright Brothers National Memorial to honor Orville and Wilbur Wright and to educate the public regarding the development of powered flight and the development of aeronautics and aerospace science since the First Flight.
(9)	The commitment and efforts of the First Flight Society and the National Park Service to preserving the Wright Brothers National Memorial and to honoring Orville and Wilbur Wright on the centennial of the First Flight.
(c)	Contract Authority. – The Commission may procure supplies, services, and property as appropriate, and may enter into contracts, leases, or other legal agreements to carry out the purposes of this Article.  All contracts, leases, or legal agreements entered into by the Commission shall terminate on the date of termination of the Commission.  Termination shall not affect any disputes or causes of action of the Commission that arise before the date of termination, and the Department of Cultural Resources may prosecute or defend any causes of action arising before the date of termination.  All property acquired by the Commission that remains in the possession of the Commission on the date of termination shall become the property of the Department of Cultural Resources.
"§ 143-642.  Assignment of property; offices.
(a)	Assignment of Property. – Upon request of the Commission, the head of any State agency may assign property, equipment, and personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Article.  Assignments under this subsection shall be without reimbursement by the Commission to the agency from which the assignment was made.  Property and equipment that remains in the possession of the Commission on the date of the termination of the Commission shall revert to the agency from which the property was acquired.
(b)	Office Space. – The Department of Cultural Resources shall provide office space in Raleigh for use as offices by the First Flight Centennial Commission, and the Department of Cultural Resources shall receive no reimbursement from the Commission for the use of the property during the life of the Commission.
"§ 143-643. Commission reports.
(a)	Annual Report. – Before July 1, 1995, the Commission shall submit to the General Assembly a comprehensive report incorporating specific recommendations of the Commission for commemoration of the First Flight and other historical events related to the development of powered flight.  After the initial report, the Commission shall submit a report to the General Assembly within 30 days of the convening of each Regular Session of the General Assembly until the Commission terminates.  The report shall include:
(1)	Recommendations for appropriate activities for the commemoration, including:
a.	Publications, both printed and electronic, of books, periodicals, films, videotapes, and other promotional and educational materials.
b.	Scholarly projects, conferences, lectures, seminars, and programs.
c.	Libraries, exhibits, and museums.
d.	Competitions and awards for historical, scholarly, artistic, and other works and projects related to the centennial.
e.	Ceremonies and celebrations, including a calendar of major activities, commemorating the centennial and other related historical events and achievements.
(2)	Recommendations for legislation and administrative action to promote and develop the commemoration.
(3)	An accounting of funds received and expended.
(b)	Final Report. – The Commission shall submit a final report to the General Assembly no later than June 30, 2004.  The final report shall include:
(1)	A summary of the activities of the Commission.
(2)	A final accounting of funds received and expended by the Commission.
(3)	Recommendations concerning the disposition of historically significant property donated to or acquired by the Commission."
(b)	There is appropriated from the General Fund to the Department of Cultural Resources for the 1994-95 fiscal year, the sum of seventy-five thousand dollars ($75,000) for the establishment and operation of the First Flight Centennial Commission during the term of the Commission.
REDUCE PUBLICATION COSTS TO THE STATE/AUTHORIZE PUBLICATION OF THE NORTH CAROLINA ADMINISTRATIVE CODE BY CONTRACT WITH PRIVATE BUSINESS
Sec. 8.  G.S. 150B-21.18 reads as rewritten:
"§ 150B-21.18.  North Carolina Administrative Code.
The Codifier of Rules must compile all rules into a Code known as the North Carolina Administrative Code. The format and indexing of the Code must conform as nearly as practical to the format and indexing of the North Carolina General Statutes.  The Codifier must publish printed copies of the Code and may publish the Code in other forms.  The Codifier must keep the Code current by publishing the Code in a loose-leaf format and periodically providing new pages to be substituted for outdated pages, by publishing the Code in volumes and periodically publishing cumulative supplements, or by another means. The Codifier may authorize and license the private indexing, marketing, sales, reproduction, and distribution of the Code. The Codifier must keep superseded rules."
Sec. 9. Section 7(b) of this act becomes effective July 1, 1994.  The remainder of this act is effective upon ratification.