GENERAL ASSEMBLY OF NORTH CAROLINA

SECOND EXTRA SESSION 1996

S	1 

SENATE BILL 46

Short Title:  1996 Studies.	(Public)

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Sponsors: Senator Rand.

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Referred to:  Rules and Operation of the Senate.

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July 26, 1996

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE STUDIES BY THE LEGISLATIVE RESEARCH COMMISSION, TO CREATE AND CONTINUE VARIOUS COMMISSIONS, AND TO DIRECT STATE AGENCIES AND LEGISLATIVE OVERSIGHT COMMITTEES AND COMMISSIONS TO STUDY SPECIFIED ISSUES.
The General Assembly of North Carolina enacts:

PART I.––-TITLE
Section 1.  This act shall be known as "The Studies Act of 1996".

PART II.––-LEGISLATIVE RESEARCH COMMISSION
Sec. 2.1.  The Legislative Research Commission may study the topics listed below.  When applicable, the bill or resolution that originally proposed the issue or study and the name of the sponsor is listed.  Unless otherwise specified, the listed bill or resolution refers to the measure introduced in the 1995-1996 Regular Sessions of the 1995 General Assembly.   The Commission may consider the original bill or resolution in determining the nature, scope, and aspects of the study.
(a)	Alternatives for Providing Permanent Dedicated Sources of Revenue for Affordable Housing (Gulley; S.B. 10 from the 1996 Second Extra Session - Jordan; H.B. 59 from the 1996 Second Extra Session - Shaw).  The study may consider:
(1)	Possible sources of revenue for permanent, dedicated funding for the perpetuation of the North Carolina Housing Trust Fund.
(2)	Permanent, dedicated funding for the Center for Community Self-Help's Home Ownership Expansion  Program.
(3)	Funding of capacity building grants for nonprofit, tax-exempt housing providers.
(4)	Other significant initiatives and resources supporting and encouraging the availability of affordable housing in North Carolina.
(b)	Employment Security Law Issues (Cochrane and Gulley).  The Legislative Research Commission's Employment Security Law Committee, created pursuant to Section 5 of Chapter 1 of the 1995 Session Laws, 1996 Extra Session, may consider the following:
(1)	The amount of money that should be maintained in the Unemployment Insurance Fund to meet anticipated claims and to maintain an adequate reserve.
(2)	Whether automatic statutory mandates can be used to make adjustments in collections in order to maintain the fund.
(3)	What steps can be taken under existing law to curb abuses in the unemployment compensation system, such as those that may result from construction industry layoffs during periods of inclement weather or the vacation season and whether legislation is needed.
(4)	Comparing the interest rate earned on the national and State unemployment insurance funds and determining the reasons for any differences, if they exist.
(5)	The fairness of the present formula and rates establishing employment compensation, including that of basing a claimant's entitlement to benefits on a movable base period that would include information on wages earned from the latest available quarter rather than on wages earned during the first four of the last five quarters prior to filing under the current system.
(6)	Comparing North Carolina's formula and rate of unemployment compensation to those of other states.
(c)	 Licensing Boards (Little).  The study may consider the following:  the need for the existence of all of the licensing boards, the necessity and feasibility of regular audits by the State Auditor, the responsiveness, efficiency, and accountability of licensing boards, and any other issues relevant to licensing boards.
(d)	Increasing North Carolina's Minimum Wage (Rand and Gulley).  The Legislative Research Commission may study issues relating to increasing the State's minimum wage.  If this study is undertaken, the Commissioner of Labor shall be a member of the committee assigned this issue.  The study may consider:
(1)	The economic and other evidence relevant to the federal legislation pending before Congress that would increase the federal minimum wage to $5.15 per hour by July 1, 1997.
(2)	Whether North Carolina should continue to have its minimum wage track with the federal minimum wage.
(e)   Welfare Reform Research (Basnight and Martin of Guilford).  The study may consider:
(1)	The feasibility of having public assistance appropriations and expenditures based on program/performance goals that foster consolidation and collaboration across program and agency lines;
(2)	Consideration of what consequences will ensue if a program or agency fails to attain its benchmarks or goals, and how those consequences can be handled in a manner that does not penalize families;
(3)	The feasibility of allowing counties to administer their own public assistance programs rather than the program devised by the State, and what core services, if any, should be part of all programs;
(4)	The feasibility of using public assistance funds to purchase services through subcontracting grants or otherwise from private and public not-for-profit organizations best able to achieve designated program and performance benchmarks and goals.
In considering these issues, special attention shall be given to:
a.	The capacity of not-for-profit organizations in various local areas of the State to provide needed services and meet designated benchmarks and goals;
b.	The best way to assure fiscal and program accountability;
c.	Identification of a reasonable per-unit cost for administering and delivering specified services in a manner that:
1.	Considers and reflects an understanding of the populations to be served, and ensures that persons most difficult to serve will actually be served; and
2.	Considers the availability of infrastructure in local areas such as transportation, day and evening child care, job-training activities, and job-placement opportunities;
d.	The extent to which it is feasible for recipient eligibility standards to be localized or regionalized; and
e.	Linking all public assistance, job-training and job-placement program funding to performance, whether the services are being provided by governmental or nongovernmental agencies.
(f)  The impact of the Supreme Court's decision in Craven County School Board V. Boyles on civil penalties, forfeitures, and fines collected by State agencies (Rand and Gulley).
(g)  Allowing property tax refunds for overpayments due to clerical, measurement, or computational errors in appraisal of property (S.B. 1019 - Dannelly).
(h)  Block grant awards by the Small Cities Community Block Grant Program  (S.B. 1287 - Winner; H.B. 1365 - Easterling).
(i)  The role of North Carolina in global affairs, including the areas of international business, tourism, cultural affairs, and educational affairs, and including the need for long-term, strategic planning in these areas (S.B. 1471 - Plexico).
Sec. 2.2.  Committee Membership.  For each Legislative Research Commission committee created during the 1995-96 biennium, the cochairs of the Legislative Research Commission shall appoint the committee membership.
  	Sec. 2.3.  Reporting Date.  For each of the topics the Legislative Research Commission decides to study under this Part or pursuant to G.S. 120-30.17(1), the Commission may report its findings, together with any recommended legislation, to the 1997 General Assembly, if approved by the cochairs.
Sec. 2.4.  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. 2.5.  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.––-CERTIFIED PUBLIC SCHOOL PERSONNEL COMPENSATION STUDY (Plyler, Perdue, and Odom)
Sec. 3.1.  (a) The Joint Legislative Commission on Governmental Operations shall contract with a qualified employee benefits consulting practice or research organization to conduct a comparative analysis of certified public school personnel compensation in North Carolina school systems. As part of the analysis, teachers base pay, the statewide salary schedule, incentives (i.e., local supplements, benefits, etc., if any), and benefits packages in other states shall be compared with North Carolina's certified public school personnel salary schedule and benefits packages.
The scope of this comparative analysis shall be to determine how North Carolina certified public school personnel salaries and benefits rank with those of other states in the nation and the recurring cost to offer and maintain them at current levels. Median as well as average salary levels shall be determined for each state.
In addition, this comparative analysis may identify other states in the country most like North Carolina in terms of public school demographics (both students and certified personnel), public school funding policy and governing structure, entry, certification, and career requirements for teaching personnel, and other factors or conditions that most affect teachers' salaries and benefits, and compare and rank those salaries and benefits packages of these states to North Carolina certified public school personnel compensation packages. 
Applying survey research methods considered to be reliable and valid statistically, the contractor shall determine the relative "economic value" of these benefits to the employees.
Finally, the contractor shall produce a "regional compensation survey model" as a product of this study of certified public school personnel that could then be made available for other studies of State employees in the executive and judicial branches of North Carolina State government.  As part of the contractor's work, training in conducting these other studies would be provided to legislative staff.
(b)	In order to determine which organizations may be most qualified to conduct such an analysis, the Commission may appoint a subcommittee that shall be responsible for issuing a Request for Qualifications (RFQ).  All firms responding to the RFQ shall be evaluated in accordance with procedures established by the subcommittee.  Up to five firms may be invited to submit separate technical and cost proposals, in response to the standard Request for Proposals (RFP).
A contract shall be awarded no later than September 13, 1996.  The  study shall begin no later than October 1, 1996.  A progress report shall be issued to the subcommittee for review and approval no later than December 31, 1996, and a final report  no later than April 1, 1997.
The Legislative Services Office shall provide such coordinating staff to the Joint Legislative Commission on Governmental Operations and its subcommittee as necessary.
Sec. 3.2.  From funds appropriated to the General Assembly, the Legislative Services Commission may allocate funds for the expenses of the Commission under this Part.

PART IV.––-CHILD FATALITY TASK FORCE CONTINUED (Perdue; S.B. 1288, S.B. 31 from the 1996 Second Extra Session - Winner)
Sec. 4.1.  G.S. 143-577(b) reads as rewritten:
"(b)	The Task Force shall make a written report to the Governor and General Assembly within the first week of the convening of the 1997 General Assembly.  The Task Force may make a written report to the Governor and General Assembly within one week of the convening of the 1998 Regular Session of the 1997 General Assembly.  The Task Force shall make a final written report to the Governor and General Assembly within the first week of the convening of the 1999 General Assembly.  The final report shall include final conclusions and recommendations for each of the Task Force's duties, as well as any other recommendations for changes to any law, rule, and policy that it has determined will promote the safety and well-being of children.  Any recommendations of changes to law, rule, or policy shall be accompanied by specific legislative or policy proposals and detailed fiscal notes setting forth the costs to the State."
Sec. 4.2.  Section 285(e) of Chapter 321 of the 1993 Session Laws, as amended by Section 27.8(b) of Chapter 769 of the Session Laws of 1993 (1994 Regular Session) reads as rewritten:
"(e)	Subsections (b), (c), and (d) of this section become effective February 1, 1999.  The remainder of this section is effective upon ratification."

PART V.––-CIVIL PROCEDURE STUDY COMMISSION (S.B. 1232 - Rand and Gulley)
Sec. 5.1.  (a) The Civil Procedure Study Commission is created.  The Commission shall consist of 18 voting members, six members to be appointed by the President Pro Tempore of the Senate, six members to be appointed by the Speaker of the House of Representatives, and six members to be appointed by the Chief Justice of the North Carolina Supreme Court.  No more than four members appointed by the President Pro Tempore of the Senate and no more than four members appointed by the Speaker of the House of Representatives may be members of the General Assembly.  No more than four of the members appointed by any one of the three appointing authorities may be members of the same political party.
(b)	The Commission shall:
(1)	Study all practices and procedures that affect the speed, fairness, and accuracy with which civil actions are disposed of in the trial divisions of the General Court of Justice, including the rules of civil procedure, rules of evidence, other relevant statutes, statewide and local court-adopted rules of practice and procedure, administrative rules, appellate opinions and all other relevant practices, customs, and traditions in the trial courts of North Carolina; and
(2)	Devise and recommend improved practices and procedures that (i) reduce the time required to dispose of civil actions in the trial divisions; (ii) simplify pretrial and trial procedure; (iii) guarantee the fairness and impartiality with which the claims and defenses are heard and resolved; and (iv) increase the parties' and the public's satisfaction with the process of civil litigation.
(c)	The Commission shall report to the General Assembly and the Chief Justice no later than April 1, 1998.  The report shall be in writing and shall set forth the Commission's findings, conclusions, and recommendations, including any proposed legislation or court rules.
(d)	The Chief Justice shall appoint a chair from the membership of the Commission.  The Commission shall meet at such times and places as the chair designates.  The facilities of the State Legislative Building shall be available to the Commission, subject to the approval of the Legislative Services Commission. Legislative members of the Commission shall be reimbursed for subsistence and travel expenses at the rates set forth in G.S. 120-3.1.  Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rate set forth in G.S. 138-6.  All other members shall receive compensation and reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5.
	(e)  The Commission may solicit, employ, or contract for technical assistance and clerical assistance, and may purchase or contract for the materials and services it needs.  Subject to the approval of the Legislative Services Commission, the staff resources of the Legislative Services Commission shall be available to the Commission without cost except for travel, subsistence, supplies, and materials.
Sec. 5.2.  Of the funds appropriated to the General Assembly for the 1996-97 fiscal year the sum of twenty-five thousand dollars ($25,000) shall be allocated to implement the provisions of this Part.

PART VI.––-CRIMINAL PROCEDURE STUDY COMMISSION (S.B. 1233 - Rand and Gulley)
Sec. 6.1.  (a)	The Criminal Procedure Study Commission is created.  The Commission shall consist of 18 voting members, six members to be appointed by the President Pro Tempore of the Senate, six members to be appointed by the Speaker of the House of Representatives, and six members to be appointed by the Chief Justice of the North Carolina Supreme Court.  No more than four members appointed by the President Pro Tempore of the Senate and no more than four members appointed by the Speaker of the House of Representatives may be members of the General Assembly.  No more than four of the members appointed by any one of the three appointing authorities may be members of the same political party.
(b)	The Commission shall:
(1)	Study all practices and procedures that affect the trial and disposition of criminal prosecutions in the trial divisions of the General Court of Justice, including the Criminal Procedure Act, rules of evidence, other relevant statutes, statewide and local court-adopted rules of practice and procedure, administrative rules, appellate opinions and all other relevant practices, customs, and traditions in the trial courts of North Carolina; and
(2)	Devise and recommend improved practices and procedures that (i) reduce the time required to dispose of criminal prosecutions in the trial divisions; (ii) simplify pretrial and trial procedure; (iii) guarantee the full realization of the interests of the State, the rights of criminal defendants, and the concerns of victims and others affected by the criminal trial process; and (iv) increase the parties' and the public's satisfaction with the process of criminal justice in the trial courts.
(c)	The Commission shall report to the General Assembly and the Chief Justice no later than April 1, 1998.  The report shall be in writing and shall set forth the Commission's findings, conclusions, and recommendations, including any proposed legislation or court rules.
(d)	The Chief Justice shall appoint a chair from the membership of the Commission.  The Commission shall meet at such times and places as the chair designates.  The facilities of the State Legislative Building shall be available to the Commission, subject to the approval of the Legislative Services Commission.  Legislative members of the Commission shall be reimbursed for subsistence and travel expenses at the rates set forth in G.S. 120-3.1.  Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence expenses at the rate set forth in G.S. 138-6.  All other members shall receive compensation and reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5.
(e)  The Commission may solicit, employ, or contract for technical assistance and clerical assistance, and may purchase or contract for the materials and services it needs.  Subject to the approval of the Legislative Services Commission, the staff resources of the Legislative Services Commission shall be available to the Commission without cost except for travel, subsistence, supplies, and materials.
Sec. 6.2.  Of the funds appropriated to the General Assembly for the 1996-97 fiscal year the sum of twenty-five thousand dollars ($25,000) shall be allocated to implement the provisions of this Part.

PART VII.––-DEHNR STUDY COMMISSION (Perdue)
Sec. 7.1.  (a) The Legislative Study Commission on the Department of Environment, Health, and Natural Resources is established.  In conducting its study, the Commission shall study the following:
(1)	The existing funding for the water quality program and whether additional funds are needed to adequately process permit applications and perform compliance inspections for all permitted facilities.  In determining appropriate funding levels, the Commission should review the past funding levels for these programs and the increase in program activities that suggest increased funds are necessary.  The Commission should also determine how requests for administrative positions and the need to inspect newly permitted facilities have impacted the operating programs.
(2)	Whether the existing regulatory programs have overlap and duplication between the State and federal requirements and whether environmental protection can be achieved by reducing the inconsistencies between the two sets of requirements.  In particular, the wetlands programs and the air toxics programs need to be evaluated.
(3)	How environmental programs can incorporate risk assessment in establishing new standards that regulate emissions and cleanup activities in State programs.
(4)	The feasibility of developing a State program to encourage the redevelopment of sites that were previously used by industry or business.  Similar programs in other states should be reviewed to evaluate possible incentives for reuse of sites in North Carolina.
(5)	Alternative permitting and compliance strategies.
(6)	Reorganization of the Department of Environment, Health, and Natural Resources. 
(b) The Commission shall be composed of 16 members, as follows:
(1)	Five members of the House of Representatives at the time of their appointment including the cochairs of the House Appropriations Subcommittee on Natural and Economic Resources and three public members appointed by the Speaker of the House of Representatives.
(2)	Five members of the Senate at the time of their appointment including the chair of the Senate Appropriations Subcommittee on Natural and Economic Resources and three public members appointed by the President Pro Tempore of the Senate.
(c) The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each select a legislative member from their respective chambers to serve as cochairs of the Commission.
	(d)	The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4.  The Commission may meet at any time upon the joint call of the cochairs.  The Commission may meet in the Legislative Building or the Legislative Office Building.
(e) Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1.
(f) 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 Services Officer, shall assign professional and clerical staff to staff 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 professional and clerical employees supplied through the Legislative Services Commission shall be borne by the Legislative Services Commission.
(g) 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.
(h) 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.
(i) The Commission shall report its findings and recommendations, including any legislative proposals, to the 1997 General Assembly upon its convening.
Sec. 7.2.  Of the funds appropriated to the General Assembly for the 1996-97 fiscal year the sum of twenty-five thousand dollars ($25,000) shall be allocated to implement the provisions of this Part.

PART VIII.––-EXPENDITURE MODEL (Odom)
Sec. 8.1.  Expand and Upgrade the General Assembly Expenditure Model for General and Highway Funds and Federal Funds.  The appointing authorities of the Legislative Services Commission shall appoint a special subcommittee, consisting of two commission members from the Senate and two commission members from the House of Representatives, to oversee and coordinate the expansion and upgrade of the financial models.  The subcommittee shall develop and issue a Request for Qualifications document to interested contractors for the purpose of presenting to the subcommittee, for recommendation to the Commission, a suggested approach, statement of qualifications, together with cost estimates, to prepare and benchmark specific upgrades and other "user-friendly" improvements (e.g., graphics, drop down lists, "windows-like" applications and "touch screen" technology) to the current General Fund Financial Model and Highway Fund Financial Model.
These upgrades will include special components which would work seamlessly with the existing models and further improve their value to legislative and executive branch policymakers.  To the  extent that unused and unencumbered capital improvement funds are available, the Legislative Services Commission may execute a competitive or sole source bid process and enter into a contract with a qualified consulting or research organization to assist  with production and delivery of the upgrades and other components described herein.  In the event of limitations of funds to contract for all upgrades or components, prior to the beginning of fiscal year 1997-98, the subcommittee shall recommend to the Commission which projects should be considered first for improvement or expansion.  In addition to the upgrades cited above, the following model components shall be developed:
(a)	Compensation.  A compensation component which shall simulate and estimate the fiscal effect of proposed changes in salaries and  benefits packages including, but not limited to, social security, leave, disability, retirement, health insurance, and death benefits for the following categories of employees paid by the State of North Carolina:
(1)	Certified public school employees; noncertified public school employees;
(2)	University faculty and nonfaculty employees;
(3)	Community college personnel (faculty and nonfaculty);
(4)	Judicial employees; and
(5)	All other executive branch employees.
(b)	Federal Funds.  Working with the Federal Funds Model (FFM), jointly operated by the National Governors' Association and the National Conference of State Legislatures, the contractor shall develop, with the Office of State Budget and Management and the Fiscal Research Division, automated reports that will utilize formulas to estimate the effects of increases or decreases in federal funds on General or Highway Fund receipts over any successive 10-year period, including estimating where possible, the effect of these changes on local government "pass-through" funding.  This component will be benchmarked with the FFM staff in Washington, using most recent congressional actions.
(c)	Medicaid and Other Federal Entitlements Funding.  Within this Federal Funds Model described in subsection (b) of this section, the Office of Budget and Management and the Fiscal Research Division, working with the Division of Medical Assistance of the Department of Human Resources shall develop and enhance a Medicaid expenditures and receipts forecasting component for use with the General Fund Forecasting Model to determine the effect of congressional decisions on the State's share of Medicaid funding, and the resulting potential effect on local government share.
Sec. 8.2.  Design, Access, Use, Maintenance, and Upgrade of Models.  (a)	The Legislative Services Commission, at the request of the Governor, shall allow access and use of the General Highway and Federal Funds Models to executive branch policy and decision makers.  These models may be used to illustrate, indicate, or simulate, an outcome or series of outcomes that reasonably may be expected to result from the application of selected revenue or expenditure assumptions, conditions, or changes to a current or proposed budget.  These simulations shall not be deemed as formal predictions or statistically reliable forecasts.  [Reports of simulations may be construed as indicators of potential future outcomes, if the specific assumptions used to produce the simulation occurred exactly as applied.]
Any and all assumptions affecting estimated revenues or expenditures in any State funds shall be set out clearly in any explanation of any fiscal conditions proposed or simulated using the models.  These assumptions or conditions shall include, but are not limited to, increases or decreases in:
(1)	Tax and nontax revenue;
(2)	Debt service;
(3)	Expenditures;
(4)	Enrollments (public schools, universities, community colleges);
(5)	Inflation;
(6)	Inmate populations, probationers, parolees;
(7)	Caseloads in AFDC, Medicaid, courts, public health, mental health, State health plan, and other State service programs;
(8)	Salary, wages, (private sector); and
(9)	Other (demographics, natural disasters).
(b)	Subject to the approval of the Legislative Services Commission, the Director of the Fiscal Research Division and the State Budget Officer or the Governor shall establish written procedures and standards for the design, access, use, maintenance and upgrade of the models and any of their components, except that members of the General Assembly, upon request, shall have direct, personal access to the models.

PART IX.––-FISHERMEN'S DISASTER RELIEF FUND STUDY (Perdue)
Sec. 9.1.  The Joint Legislative Commission on Seafood and Aquaculture established pursuant to G.S. 120-70.60, shall study the feasibility of creating a Fishermen's Disaster Relief Fund to provide financial assistance to fishermen for damage to fishery resources caused by natural or man-made disasters.  The Commission shall report its findings and recommendations, if any, to the 1997 General Assembly upon its convening.

PART X.––-GENERAL STATUTES COMMISSION TO STUDY REMOVAL OF ANTIQUATED LAWS (Gulley)
Sec. 10.1.  The General Statutes Commission established pursuant to Article 2 of Chapter 164 shall study and identify antiquated laws in the North Carolina General Statutes and make recommendations regarding removal of those laws from the books.
Sec. 10.2.  The Commission shall report its findings and recommendations to the 1997 General Assembly upon its convening.

PART XI.––-INDUSTRIAL COMMISSION SALARY LEVELS STUDY (Plyler and Perdue)
Sec. 11.1.  The State Auditor shall study, in conjunction with the scheduled performance audit of the North Carolina Industrial Commission, the salary levels of the Chairman and members of the North Carolina Industrial Commission as well as that of Deputy Commissioners, the Executive Secretary, and Administrator of the North Carolina Industrial Commission.  In accomplishing this study, the State Auditor shall consult the Office of State Personnel, the North Carolina Industrial Commission Advisory Council, and the North Carolina Bar Association and shall review the compensation of Industrial Commissioners and staff in other southeastern states.  The State Auditor shall report the results of this study and its recommendations to the Chairs of the House and Senate Appropriations Committees and the Chairs of the House and Senate Appropriations Subcommittees on Natural and Economic Resources by January 15, 1997.

PART XII.––-MEDICAID TASK FORCE CONTINUED (S.B. 1334 - Martin of Guilford; H.B. 1318 - Esposito)
Sec. 12.1.  Effective May 1, 1996, Section 23.5A(d) of Chapter 507 of the 1995 Session Laws reads as rewritten:
"(d)	The task force shall report the results of its study, together with any legislative proposals and cost analyses, to the 1995 General Assembly, Regular Session 1996, within a week of its convening, to a special session of the 1995 General Assembly called to deal with federal block grant funding issues, or to the 1997 General Assembly within a week of its convening."

PART XIII.––-STATE PORTS STUDY COMMISSION CONTINUATION (S.B. 1109 - Perdue; H.B. 1175 - McComas)
Sec. 13.1.  Effective May 1, 1996, Section 16.1(e) of Chapter 542 of the 1995 Session Laws reads as rewritten:
"(e)	The Commission shall report the results of its study and its recommendations to the General Assembly.  The Commission may make an interim report to the 1996 Regular Session of the 1995 General Assembly and shall make a final report upon the convening of the 1997 General Assembly.  The Commission shall terminate upon filing its final report."

PART XIV.––-DEPARTMENT OF CULTURAL RESOURCES TO STUDY THE HISTORIC SIGNIFICANCE OF THE PRINCEVILLE CEMETERY AND OF SOUTH GRANVILLE MEMORIAL GARDENS (S.B. 1205 - Martin of Pitt; H.B. 1222 - Mercer)
Sec. 14.1.  The Department of Cultural Resources shall study the historical significance of the cemetery located in Princeville, the oldest African-American community in North America and shall also study the historical significance of the cemetery in Butner, known as South Granville Memorial Gardens.  The Department shall consider what efforts should be taken to preserve and maintain the cemeteries, and shall also consider whether the cemetery in Princeville should be nominated to the  National Register of Historic Places.  The Department shall report its findings and recommendations to the 1997 General Assembly.

PART XV.––-LEGISLATIVE PUBLIC SCHOOL LAWS REVISION COMMISSION CREATED (S.B. 1138 - Winner; H.B. 1245 - Grady)
Sec. 15.1.  (a) The Legislative Public School Law Revision Commission is established.  The Commission consists of the following 18 members:
(1)	Six members, four of whom shall be members of the Senate, appointed by the President Pro Tempore of the Senate.
(2)	Six members, four of whom shall be members of the House of Representatives, appointed by the Speaker of the House of Representatives.
(3)	Six members, two of whom shall be members of the State Board of Education, appointed by the State Board of Education.
Members appointed to the Commission shall serve until the Commission makes its final report.  Vacancies on the Commission shall be filled by the person who made the initial appointment.
(b) The Commission shall:
(1)	Conduct a comprehensive review of the public school laws.
(2)	Identify laws that are outdated, vague, unnecessary, or otherwise in need of revision.
(3)	Revise the public laws so they are consistent with the North Carolina Constitution and with the goals of the General Assembly and the State Board of Education in order to improve student performance, increase local flexibility and control, and promote economy and efficiency.
(c) The Speaker of the House of Representatives shall designate a member of the House of Representatives as cochair of the Commission, and the President Pro Tempore of the Senate shall designate a member of the Senate as cochair of the Commission.  The Commission shall meet upon the call of the cochairs.  A quorum of the Commission is 10 members.
	Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate.
The Legislative Administrative Officer shall assign as staff to the Commission professional employees of the General Assembly.  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 Commission may meet in the Legislative Building or the Legislative Office Building with the approval of the Legislative Services Commission.
(d)	All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information that is requested of them by the Commission.
(e)  The Commission shall submit a progress report to the Joint Legislative Education Oversight Committee by January 15, 1997, and shall submit a final report to the Joint Legislative Education Oversight Committee by April 15, 1998.  The Commission shall terminate upon filing its final report.
Sec. 15.2.  From funds appropriated to the General Assembly, the Legislative Services Commission may allocate funds for the expenses of the Commission under this Part.

PART XVI.––-RAIL SAFETY INSPECTION SERVICES STUDY (S.B. 1255 - Hoyle; H.B. 1172 - Morgan)
Sec. 16.1.  The Secretary of Transportation shall study the provision of rail safety inspection services in North Carolina by the State and the Federal Railroad Administration and shall recommend to the General Assembly no later than June 1, 1997, whether the State should continue to perform this service.  The recommendation shall be contained in a report filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Sec.  16.2.  The Department of Transportation shall implement this Part within available funds.

PART XVII.––-REWARDS FOR TEACHER EXCELLENCE (Winner and Plexico)
Sec. 17.1.  The State Board of Education shall study ways to reward excellent teachers and other school personnel by linking some portion of future salary increases to the performance of students.  In the course of the study, the State Board shall take into account the differences in schools, school resources, and student populations, that different teachers and other school personnel encounter.  The State Board shall also consider the types of pay plans used in other states.
The State Board shall conduct their study with available funds.  The State Board shall report on the study to the Joint Legislative Education Oversight Committee prior to January 15, 1997. 

PART XVIII.––-CORPORATE REINSTATEMENT AFTER DISSOLUTION (Rand)
Sec. 18.1. (a)	The General Statutes Commission shall study the issue of administrative dissolution and reinstatement after dissolution of corporations, nonprofit corporations, and limited liability companies.  In particular, the Commission shall study the extension of time in which corporations, nonprofit corporations, and limited liability companies may apply for reinstatement after dissolution.  The Commission shall report its findings and recommendations to the General Assembly on or before March 1, 1997.
(b)	Section 7 of Chapter 539 of the 1995 Session Laws reads as rewritten:
"Sec. 7.  Effective July 1, 1997, G.S. 55-14-22(a), as amended by Section 6 of this act, reads as rewritten:
'(a)	A corporation administratively dissolved under G.S. 55-14-21 may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution.  The application must:
(1)	Recite the name of the corporation and the effective date of its administrative dissolution; and
(2)	State that the ground or grounds for dissolution either did not exist or have been eliminated.'"
(c)	Section 38(b) of Chapter 539 of the 1995 Session Laws reads as rewritten:
"(b)	Section 7 of this act becomes effective July 1, 1997, and applies to applications for reinstatement on or after that date.  Section 25 of this act becomes effective July 1, 1996, and applies to proceedings commenced on or after that date."
(d)	G.S. 55A-14-22(a) reads as rewritten:
"(a)	A corporation administratively dissolved under G.S. 55A-14-21 may apply to the Secretary of State for reinstatement.  The application shall:
(1)	Recite the name of the corporation and the effective date of its administrative dissolution; and
(2)	State that the ground or grounds for dissolution either did not exist or have been eliminated."
(e)  G.S. 57C-6-03(c) reads as rewritten:
"(c)	A limited liability company administratively dissolved under this section may apply to the Secretary of State for reinstatement.  The procedures for reinstatement and for the appeal of any denial of the limited liability company's application for reinstatement shall be the same procedures applicable to business corporations under G.S. 55-14-22, 55-14-23, and 55-14-24."
(f)  This section becomes effective June 30, 1996, and subsections (c) and (d) of this section expire July 1, 1997.

PART XIX.––-EFFECTIVE DATE
Sec. 19.1.  Except as otherwise specifically provided, this act is effective July 1, 1996.