A BILL TO BE ENTITLED
AN ACT CONCERNING STUDIES.
The General Assembly of North Carolina enacts:

PART I. TITLE

SECTION 1.  This act shall be known as "The Studies Act of 2003".

PART II. LEGISLATIVE RESEARCH COMMISSION

SECTION 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 2003 Regular Session of the 2003 General Assembly. The Commission may consider the original bill or resolution in determining the nature, scope, and aspects of the study. The following groupings are for reference only:
(1)	Government Regulatory Issues:
a.	Naturopathic physician licensure (H.B. 1142 – Hill)
b.	Authorizing local boards of health to impose fees for the regulation of food and lodging facilities (Reeves)
c.	Landscape/irrigation contractors (H.B. 947 – Gibson, McHenry)
d.	Fire safety in local confinement facilities (H.B. 1050 – Frye)
e.	Regulating ticket brokers (H.B. 1072 – Miner, Gibson)
(2)	Transportation Issues:
a.	Handheld cell phone use while driving (H.B. 623 – Bowie, Luebke, McAllister)
b.	State ports (H.B. 1249 – McComas)
c.	Purchasing alternative‑fuel or low‑emission school buses (S.J.R. 768 – Bingham)
(3)	Consumer Issues:
a.	Debt collection practices (H.B. 1039 – Weiss; Rand)
(4)	Insurance Issues:
a.	Workers' compensation/agricultural employment (S.B. 632 – Clodfelter; H.B. 922 – Luebke)
(5)	Health Issues:
a.	Nursing shortage (S.J.R. 142 – Forrester, Purcell)
b.	Medical errors (S.J.R. 634 – Forrester)
c.	Environmental causes of cancer (S.J.R. 143 – Forrester, Purcell)
d.	Educating the public on ovarian cancer risks and prevention (S.J.R. 636 – Forrester)
e.	Reducing prescription drug costs (H.B. 1234 – Insko, Glazier, Ross)
f.	Bulk purchasing of pharmaceutical drugs (S.J.R. 968 – Kinnaird)
(6)	Criminal Law Issues:
a.	Execution delay (S.B. 972 – Kinnaird, Carpenter, Holloman, Shaw, Clodfelter, Dorsett, Malone, Dannelly, Gulley, Lucas; H.B. 1199 – Luebke, Hackney, Miner, Alexander)
b.	No profit from crime (H.B. 911 – Eddins, Holliman)
c.	Reclassify statutory rape (H.B. 243 – Haire)
d.	Amend habitual felon law (H.B. 242 – Haire)
e.	Restructure prior criminal record points (H.B. 247 – Haire)
f.	Sentence lengths (H.B. 264 – Haire; S.B. 208 – Gulley)
g.	Adjust penalties for B1 to E offenses (H.B. 246 – Haire)
h.	Arson offenses (H.B. 244 – Haire)
i.	Drug trafficking laws (H.B. 241 – Haire)
j.	Provide a high felony classification for discharging a weapon on school property (Hackney)
(7)	State Employee Issues:
a.	Pay equity (H.B. 544 – Alexander, Clary, Weiss, Insko; S.B. 747 – Lucas)
b.	Job sharing (H.J.R. 958 – Glazier)
c.	State government employment (H.B. 861 – Earle, Wainwright)
d.	Reemployment of retirees (H.B. 219 – Glazier; S.B. 10 – Garwood)
(8)	Other:
a.	Repealing Dillon's Rule in certain circumstances (S.B. 160 – Clodfelter)
b.	Modernizing city and county planning (S.B. 914 – Clodfelter)
c.	Trafficking of persons (H.J.R. 1086 – Alexander)
d.	Guardianship (H.B. 156 – Warren, Earle; S.B. 273 – Swindell, Purcell)
e.	Dix Hospital property (H.B. 960 – Ross, Weiss, Munford, Stam; S.B. 413 – Reeves)
f.	Assistance to dairy farmers (H.B. 1143 – Hill; Brubaker; Albertson)
g.	Job growth (H.B. 740 – C. Wilson)
h.	Immigration (S.J.R. 553 – Albertson)
i.	Marine fisheries (S.B. 838 – Albertson; H.B. 989 – Wainwright)
j.	Magistrate supervision (Gulley of Durham).
SECTION 2.1.(a)  Size/Scope of Boards and Commissions (S.J.R. 924 – Rand; H.J.R. 1067 – Dockham, Owens) – The Commission may study boards and commissions. If this study is undertaken, the Commission shall establish a schedule for reviewing boards and commissions so that approximately twenty‑five percent (25%) of the total number of State boards and commissions are reviewed each year for the next four years. In reviewing boards and commissions, the Commission shall consider the following:
(1)	The consolidation of boards and commissions, where appropriate.
(2)	Reducing the number of members serving on boards and commissions.
(3)	Reducing the number of meetings of boards and commissions.
(4)	The scope and authority of boards and commissions.
(5)	The elimination of boards and commissions, where appropriate.
SECTION 2.1.(b)  Availability of Health Insurance for Small Businesses and Trade Associations (S.B.758 – Rand, Clodfelter, Soles) – The Commission may study the availability of health insurance for small employers.  The Commission shall examine the Small Employer Group Health Insurance Reform Act to determine whether its provisions should be revised to increase the availability of health insurance offered to small employers in North Carolina.  The Commission shall also examine whether North Carolina laws conflict with federal law regarding the ability of a trade association to obtain health insurance through a commercial carrier.
SECTION 2.1.(c)  Availability of Health Insurance for Uninsurable Individuals (Rand) – The Commission may study ways to make insurance available to individuals who have difficulty obtaining health insurance coverage.  In conducting the study, the Commission shall consider methods employed by other states to meet this need, and possible administrative structures, funding mechanisms, and coverages.
SECTION 2.1.(d)  Housing Equity Gap (S.B. 894 – Queen, Malone) – The Commission may study the housing equity gap in North Carolina.  The study may include the following:
(1)	Reasons for the housing equity gap, including the extent to which certain public policies and rules unnecessarily increase the cost of housing, lack of availability and terms of financing, and any other identifiable barrier to the availability of housing.
(2)	Ways to remove barriers to affordable housing and enhance housing choice while stimulating a viable economic climate and the homebuilding and real estate industries.
(3)	Ways to raise the percentage of people who own their homes in this State.
(4)	Ways to increase the availability of affordable housing in quality neighborhoods, thus enhancing equity growth.
(5)	Input from persons directly affected by the gap.
(6)	Input from public agencies and private nonprofit organizations that have an interest in housing equity, including builders, developers, local government officials, and persons involved in the areas of finance, real estate, development, economic development, and community development.
SECTION 2.1.(e)  Wind Energy (Queen) – The Commission may study the economic, environmental, and social issues associated with the development and use of wind energy in the State including, but not limited to, the following:
(1)	The environmental benefits of wind energy development, including the reduction of: (i) emissions such as sulfur dioxides, nitrogen oxides, and mercury and greenhouse gases; (ii) waste ash in landfills; and (iii) water and air quality degradation associated with the extraction and transport of fossil fuels.
(2)	The environmental benefits of conserving rural lands for traditional uses.
(3)	The environmental challenges to wind energy development in the State, including existing laws, aesthetic issues, the impact on birds and the ecology, and secondary development associated with wind energy development.
(4)	The potential for wind energy to support rural economic development by broadening the tax base and creating new jobs.
(5)	Initiatives taken in other states to address wind energy development.
(6)	Options for permitting windmills in the State, including suggestions for public involvement and environmental review.
(7)	Opportunities for wind pilot projects in the State.
In conducting the study, the Commission may solicit input from wind energy industry representatives, utility representatives, the State Energy Office, conservationists, environmentalists, leaders in rural economic development, tourism industry representatives, academics, local elected officials, and legislators from the eastern and western regions of the State.
SECTION 2.1.(f)  Centralized Agency to Conduct Criminal Record Checks (Rand) – The Commission may study ways to effectively and efficiently conduct criminal record checks, including legislative, fiscal, and logistical issues related to creating a centralized agency to conduct all criminal record checks for both public and private industry.  If it undertakes the study, the Commission shall examine the following:
(1)	Federal and state laws, regulations, and policies governing criminal record checks. 
(2)	Approaches taken by other states to effectively and efficiently conduct criminal record checks for public and private industry. 
(3)	Costs associated with establishing and implementing a centralized agency or unit to perform this service. 
(4)	Available federal and State revenue sources. 
(5)	Technical or logistical issues associated with the transition to a centralized approach for performing this service.  
(6)	Technical or logistical issues related to compiling and disseminating the information obtained as a result of the checks. 
(7)	The appropriate location for the centralized agency and the ability of the agency to disseminate information to nonpublic entities expediently.
(8)	Other issues relevant to establishing a centralized unit for performing criminal background checks. 
SECTION 2.1.(g)  Pawnbrokers (Glazier, Dickson) – The Commission may study the laws regulating pawnbrokers and those nonregulated retail outlets engaging in similar business and acting as pawnbrokers. If undertaken by the Commission, the study shall include an examination of the advisability, viability, and cost of all of the following modifications to existing law with the goal of more efficiently monitoring pawnshop businesses that are engaging in similar business and to more effectively aid in the speedy recovery of stolen property:
(1)	Picture identification of sellers or pledgers.
(2)	Thumbprints on each pawn or sales receipt.
(3)	Machine printed or otherwise legible pawn and sales receipts.
(4)	Requirements for time and date on pawn or sales receipts.
(5)	Recordation of any visible owner applied numbers or markings on property.
(6)	Prohibition on receipt and sale of new property.
(7)	Authorization of fees to support local pawnbroker related law enforcement.
(8)	Computerization of pawnshop records.
(9)	Requirement that pawnbroker records be made available to law enforcement.
SECTION 2.1.(h)  Medicaid funding (H.B. 540 – Daughtridge, Carney) – The Commission may study the feasibility of eliminating county financial participation in the Medicaid program.  In conducting the study, the Commission may consider alternative funding methods to ensure that the short and long‑term impact on State funds of eliminating county financial participation in Medicaid is revenue neutral when calculated on a statewide basis.  The Commission may also consider retaining the county contribution to administrative costs of the Medicaid program.  In making its recommendations to the General Assembly, the Commission shall include a fiscal analysis of the impact on State revenue and Medicaid expenses estimated to result from eliminating county participation in the Medicaid program.
SECTION 2.1.(i)  Abandoned junk vehicles (Culpepper) – The Commission may study issues relating to the environmental, aesthetic and other public benefits derived from the abatement and recycling of junked and abandoned automobiles.  If it undertakes this study, the Commission shall consider:
(1)	Whether the abatement program can best be undertaken on a county‑by‑county basis or a central statewide basis.
(2)	The funding method for the abatement program.
(3)	The process whereby junked vehicles might be delivered to scrap processors as expeditiously as possible.
(4)	The merits of use of a tax credit so as to encourage the expedited collection and recycling of used and junked automobiles.
(5)	Determination of the costs to the State and to local governments associated with abandoned and junked automobiles and landfilling of those automobiles.
(6)	Any other related issues.
SECTION 2.1.(j)  Study VoCATS  – The Commission may study the VoCATS program, which is the accountability system for vocational education courses.  If it undertakes this study, the Commission shall consider the following:
(1)	Whether the State‑developed tests are the appropriate means to measure student mastery of the knowledge and skills taught in vocational education courses, with specific focus on the agriculture curriculum.
(2)	The system for development of appropriate tests and methods of measuring student achievement and program performance in vocational and technical education.
(3)	The public school system of measuring student performance in the vocational and technical area as compared to the community college system of measuring student performance in the vocational and technical area.
(4)	Alternatives to the current tests, methods, and techniques provided through VoCATS.
SECTION 2.1.(k)  Availability and delivery of government services to Hispanics (Barnhart, McComas) – The Commission may study the current State and local policies regarding the availability and delivery of government services to the State's increasing Hispanic population, the issues confronted by governmental agencies in effectively delivering those services, and the issues confronted by members of the Hispanic community in obtaining those services. If it undertakes this study, the Commission shall focus particularly on services in the areas of education, health, and public safety. As part of its study, the Commission may consider how all of the following complicate the delivery and receipt of government services within the State's Hispanic community:
(1)	Cultural differences.
(2)	Language barriers.
(3)	Difficulties encountered by members of the Hispanic community in obtaining the personal identification documents that are often required to obtain government services.
(4)	Difficulties encountered by members of the Hispanic community in obtaining drivers licenses, occupational licenses, professional licenses, and other types of licenses required to qualify for governmental services or to do business in the State.
(5)	Federal immigration laws, the failure to comply with those laws, and how the fear of discovery of noncompliance with federal immigration laws affects the delivery and receipt of services, and in some instance even the willingness to apply for those services.
(6)	The increasing economic, personnel, and time demands placed on State and local government agencies in responding to the growing needs for governmental services.
(7)	Any other issue relevant to this study.
If it undertakes this study, the Commission shall also identify those issues that are best addressed at the local level, those that are best addressed at the State level, and those best addressed at the federal level.
SECTION 2.1.(l)  Office of State Energy (Daughtridge) – The Commission may study the functions, duties, and responsibilities of the Office of State Energy and may make a determination of whether these functions, duties, and responsibilities support the legislative purpose for the Office or whether the purpose should be modified in any way.
SECTION 2.1.(m)  Comprehensive Statewide Emergency Communications Planning (Culpepper, Clodfelter) – The Commission may study and recommend legislation, funding needs, interoperability, and policy to:
(1)	Enact a comprehensive first and second responder statewide communications goals and plan that includes, at a minimum, law enforcement, fire, medical, utilities, and emergency management agencies.
(2)	Coordinate and assist grant applications from State and local organizations for federal communications funding.
SECTION 2.1.(n)  Veterans' Nursing Homes (S.B. 958 – Thomas, Carpenter) – The Commission may study the funding of the construction and operation of veterans' nursing homes, including availability of federal funds, ongoing cost, availability of matching funds for construction needs, and potential savings to the State.  If it undertakes this study:
(1)	The Speakers of the House of Representatives shall appoint three members and the President Pro Tempore of the Senate shall appoint three members to the study.
(2)	The Director of Division of Veterans Affairs in the Department of Administration shall serve as an ex officio member.
(3)	The Administrator of the North Carolina State's Veterans Nursing Home in Fayetteville shall serve as an ex officio member.
SECTION 2.1.(o)  Begin Schools After Labor Day (S.B. 779 – Dannelly; Thomas; H.B. 863 – C. Wilson, Hill) – The Commission may study whether the first instructional day of the school year should be set after Labor Day.  If it undertakes this study:
(1)	The Speakers of the House of Representatives shall appoint five members and the President Pro Tempore of the Senate shall appoint five members to the study.
(2)	The Commission shall consult with representatives of the tourism and hospitality industries and shall consider the following:
(a)	The economic impact of setting the first instructional day of the school year after Labor Day.
(b)	The impact on elementary students of setting the first instructional day of the school year after Labor Day.
(c)	The impact of the school calendar on the quality of education.
(d)	The performance of students on block schedules as compared to students on traditional schedules.
(e)	The performance of students who take examinations before Christmas as compared to those who take exams after Christmas.
(f)	The school calendars of other states.
(g)	The impact of weather on lost school days.
(h)	The impact of an early August school start on family economics and culture.
SECTION 2.2.  For each Legislative Research Commission committee created during the 2003‑2005 biennium, the cochairs of the Legislative Research Commission shall appoint the committee membership.
SECTION 2.3.  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 2004 Regular Session of the 2003 General Assembly and shall make a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 2.4.  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. STATEWIDE EMERGENCY PREPAREDNESS STUDY COMMISSION (S.B. 615 – Dannelly)

SECTION 3.1.  Commission established. – There is established the Statewide Emergency Preparedness Study Commission.
SECTION 3.2.  Membership. – The Commission membership shall be representative of the different geographical regions of the State and shall include members from rural areas of the State to the extent practicable.  The Commission shall consist of 22 members, as follows:
(1)	The President Pro Tempore of the Senate shall appoint eight members: two members of the Senate, one practicing paramedic, one trauma center surgeon, one State trauma system regional advisory committee coordinator, one volunteer fire or rescue worker, one air medical rescue worker, and one former trauma patient.
(2)	The Speakers of the House of Representatives shall appoint eight members: two members of the House of Representatives, one trauma center nurse, one representative of the North Carolina Medical Care Commission, one career firefighter, one representative of the American College of Surgeons' Committee on Trauma, one 911 or other dispatch worker, and one emergency room department director.
(3)	The Governor shall appoint six members: one representative of the Office of Emergency Medical Services, one trauma center finance or operations director, one representative of a law enforcement agency that is also an EMS first responder, one representative of the State Emergency Medical Services Advisory Council, one trauma center physician recommended by the North Carolina College of Emergency Physicians, and one EMS administrator or educator.
SECTION 3.3.  Duties. – The Commission shall study the delivery of emergency medical services in this State and shall do all of the following:
(1)	Determine the most effective method for the regional distribution of funds provided to the Office of Emergency Medical Services through license restoration fees collected under G.S. 20‑16.5(j).
(2)	Analyze impediments to the seamless delivery of care to trauma victims, including legal, administrative, logistical, and other barriers, and determine means of streamlining the delivery of improved and more efficient care.
(3)	Examine ways of improving the quality and delivery of care to trauma and emergency victims in terms of transportation, equipment, education, and personnel needs, as well as the need for additional trauma centers and improved coordination of existing centers.
(4)	Examine methods of improving North Carolina's readiness to handle trauma resulting from massive disasters.
(5)	Study any other matters related to the delivery of emergency medical services.
SECTION 3.4.  Reports. – The Commission shall submit a final written report of its findings and recommendations to the General Assembly not later than the convening of the 2005 General Assembly. The Commission may submit a progress report to the 2004 Regular Session of the 2003 General Assembly. The Commission may include in its progress reports or in its final report recommendations for the best use of funds provided to the Office of Emergency Medical Services through license restoration fees collected under G.S. 20‑16.5(j), as well as any recommendations for further streamlining the delivery of care through regional trauma systems. The reports shall also include legislative proposals necessary to implement the Commission's recommendations and an analysis of the fiscal impact of each recommendation. The Commission shall terminate upon the earlier of the filing of its final report or upon the convening of the 2005 General Assembly.
SECTION 3.5.  Expenses of members. – Members of the Commission shall be paid per diem, subsistence, and travel expenses, as follows:
(1)	Commission members who are members of the General Assembly shall be paid in accordance with G.S. 120‑3.1.
(2)	Commission members who are officials or employees of the State or local government agencies shall be paid in accordance with G.S. 138‑6.
(3)	All other Commission members shall be paid in accordance with G.S. 138‑5.
SECTION 3.6.  Cochairs; meetings. – The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission from their respective appointees. The Commission shall meet upon the call of the chairs. A majority of the Commission members shall constitute a quorum. The Commission may meet during a regular or special session of the General Assembly, subject to the approval of the President Pro Tempore of the Senate and the Speakers of the House of Representatives. The Legislative Services Commission may provide meeting space to the Commission in the State Legislative Building or in the Legislative Office Building.
SECTION 3.7.  Staff. – With the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist in the work of the Commission.
SECTION 3.8.  Cooperation by government agencies. – The Commission may call upon any department, agency, institution, or officer of the State or any political subdivision of the State for facilities, data, or other assistance. All State departments and agencies, local governments, and their subdivisions shall cooperate with the Commission and, upon request, shall furnish the Commission and its staff any information in their possession or available to them.
SECTION 3.9.  Part XV of S.L. 2002‑180 is repealed.
SECTION 3.10.  From funds appropriated to the General Assembly, the Legislative Services Office shall allocate funds for the expenses of the Commission established by this Part.

PART IV. ALCOHOLIC BEVERAGE CONTROL ISSUES STUDY COMMISSION (H.B. 1009 – Gibson; H.B. 920 ‑ Sutton)

SECTION 4.1.  Alcoholic Beverage Control Issues Study Commission. Study Commission Established. – There is established a Alcoholic Beverage Control Issues Study Commission.
SECTION 4.2.  Membership. – The Commission shall be composed of members as follows:
(1)	The Chairs of the Alcohol Beverage Control Committee of the House of Representatives and the Commerce Committee of the Senate.
(2)	Five members of the House of Representatives.
(3)	Five members of the Senate.
(4)	Two commissioners from counties where the sale of alcoholic beverages is permitted countywide appointed by the President Pro Tempore of the Senate.
(5)	Two commissioners from counties where the sale of alcoholic beverages is prohibited countywide but where there are municipalities where the sale of alcoholic beverages is permitted appointed by the Speakers of the House of Representatives.
(6)	Two members of local ABC boards appointed by the Speakers of the House of Representatives.
(7)	One member representing the wine industry in North Carolina appointed by the President Pro Tempore of the Senate.
(8)	One member representing the malt beverage industry in North Carolina appointed by the President Pro Tempore of the Senate.
(9)	Two members representing the spirituous liquor industry in North Carolina appointed by the Speakers of the House of Representatives.
(10)	One member representing retail merchants appointed by the Speakers of the House of Representatives.
(11)	One member of the convenience store industry appointed by the President Pro Tempore of the Senate. 
(12)	The Chairman of the Alcoholic Beverage Control Commission, the Secretary of Crime Control and Public Safety, and the Secretary of Health and Human Services, or their designees shall serve as ex officio members.
SECTION 4.3.  Duties of the Commission. – The Commission shall study all aspects of alcoholic beverage control in this State. The study shall include an examination of all the following:
(1)	Whether the current method of regulating the sale and distribution of alcoholic beverages, and specifically the sale and distribution of fortified wine and spirituous liquor, in North Carolina is the most efficient and effective method as compared to different systems in other states.
(2)	Whether the current statutory and regulatory scheme contained in Chapter 18B of the General Statutes is legally sufficient in light of recent legal challenges and judicial decisions, and if so, whether or not Chapter 18B should be recodified.
(3)	The effectiveness of enforcement of alcoholic beverage control laws and regulations.
(4)	Any other matter relating to alcoholic beverage control in North Carolina. 
SECTION 4.4.  Vacancies. –Vacancies on the Commission shall be filled by the initial appointing authority.
SECTION 4.5.  Cochairs. – The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. The Study Commission shall meet upon the call of the Cochairs. A quorum of the Study Commission shall be a majority of the members.
SECTION 4.6.  Expenses of Members. – Members of the Study Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 4.7.  Staff. – The Legislative Services Office shall assign professional and clerical staff to assist the Study Commission in its work.
SECTION 4.8.  Consultants. – The Study Commission may hire consultants to examine specific issues and subjects related to the study, in accordance with G.S. 120‑32.02.
SECTION 4.9.  Meetings During Legislative Session. – The Study Commission may meet during a regular or extra session of the General Assembly.
SECTION 4.10.  Meeting Location. – The Study Commission may meet at various locations around the State in order to promote greater public participation in its deliberations. The Legislative Services Commission shall grant adequate meeting space to the Study Commission in the State Legislative Building or the Legislative Office Building.
SECTION 4.11.  Report. – The Commission may make interim reports and shall make a final report to the General Assembly no later than January 15, 2005. Regardless of whether it has filed an interim or final report, the Commission shall terminate on January 15, 2005. The final report shall include Commission recommendations for legislation to implement recommendations made by the Commission.
SECTION 4.12.  Funding. – From the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part.

PART V. NORTH CAROLINA CENTRAL UNIVERSITY STUDY (H.B. 862 – Earle, Wainwright)

SECTION 5.1.  North Carolina Central University, in conjunction with its Department of Sociology, may study whether there is an overrepresentation of minority youth in North Carolina youth development centers. If it undertakes the study, the University shall:
(1)	Compile and analyze data of youth development center commitments for the years 1992 to 2002, including data of the race, age, gender, and level of offense of all juveniles committed to youth development centers in all 100 counties of the State during those years;
(2)	Survey all programs throughout the State that serve as prevention programs and alternatives to commitment for juveniles adjudicated delinquent in order to analyze the impact these programs have in deterring minority youth commitment;
(3)	Assess the availability and accessibility of prevention programs and programs that serve as alternatives to commitment to minority and at‑risk youth in all 100 counties of the State, including the percentage of minority and at‑risk youth adjudicated delinquent who are placed in programs that serve as alternatives to commitment; and
(4)	Test data for variables contributing to minority youth overrepresentation in State youth development centers, including data related to the role of the court system in either committing juveniles to youth development centers or placing them in alternative programs.
SECTION 5.2.  If it undertakes this study, North Carolina Central University shall present its findings, including policy recommendations and legislative proposals, to the Department of Juvenile Justice and Delinquency Prevention and the General Assembly on or before May 1, 2005.

PART VI. STUDY COMMISSION ON RESIDENTIAL AND URBAN DEVELOPMENT ENCROACHMENT ON MILITARY BASES AND TRAINING AREAS (Rand)

SECTION 6.1.  There is created the Study Commission on Residential and Urban Development Encroachment on Military Bases and Training Areas. The Commission shall consist of 15 members as follows:
(1)	Two county commissioners appointed by the President Pro Tempore of the Senate.
(2)	Two county commissioners appointed by the Speakers of the House of Representatives.
(3)	The commanding generals of Fort Bragg, Pope Air Force Base, Seymour Johnson Air Force Base, Camp Lejeune, and Cherry Point Air Station, or the general's designee.
(4)	Three Senators appointed by the President Pro Tempore of the Senate.
(5)	Three Representatives appointed by the Speakers of the House of Representatives.
The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. The Commission may meet at any time upon the joint call of the cochairs. Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.
SECTION 6.2.  The Commission shall study the following concerning residential and urban development encroachment on military bases and training areas:
(1)	Restricting the zoning in the areas around military bases and training areas.
(2)	How encroachment affects deed registration.
(3)	Protecting the areas around military bases and training areas by purchasing development rights and buffers using all available State trust funds and other available funding mechanisms.
(4)	Any other issue the Commission considers relevant.
SECTION 6.3.  The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
Subject to the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of clerks shall assign clerical support staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 6.4.  The Commission shall submit a final report of its findings and recommendations, including any legislative recommendations, to the 2004 Regular Session of the 2003 General Assembly upon its convening. The Commission shall terminate upon the convening of the 2004 Regular Session of the 2003 General Assembly.
SECTION 6.5.  Of the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part. 

PART VII. LEGISLATIVE STUDY COMMISSION ON STATE PERSONNEL STATUTES (Reeves, Gibson)

SECTION 7.1.  There is established a Legislative Study Commission on State Personnel Statutes to review and recommend changes to Chapter 126 of the North Carolina General Statutes.
SECTION 7.2.  The Commission shall consist of 10 members appointed as follows:
(1)	Five Senators appointed by the President Pro Tempore of the Senate, and
(2)	Five Representatives appointed by the Speakers of the House of Representatives.
SECTION 7.3.  The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. The Commission may meet at any time upon the joint call of the cochairs. Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.
SECTION 7.4.  There is also established a Task Force within the Office of State Personnel to prepare background information and make recommendations to the Legislative Study Commission on State Personnel Statutes.  
SECTION 7.5.  The Task Force shall consist of 11 members designated as follows:
(1)	Four members, one from each of the four regions within the State Employees Association of North Carolina, designated by the State Employees Association of North Carolina.
(2)	One member from the Executive Committee of the State Employees Association of North Carolina, designated by the State Employees Association of North Carolina.
(3)	One member that is currently employed as a human resource professional in a Cabinet agency, designated by the Governor.
(4)	One member that is currently employed as a human resource professional in a Council of State agency, designated by the Council of State.
(5)	One member that is currently employed in the University System, designated by The Board of Governors of The University of North Carolina.
(6)	Two members currently employed in the Office of State Personnel, designated by the Office of State Personnel.
(7)	One member from the Office of the Attorney General, designated by the Attorney General.
SECTION 7.6.  The Office of State Personnel and the State Employees Association of North Carolina shall jointly designate a chair of the Task Force. Vacancies on the Task Force shall be filled by the same appointing authority as made the initial appointment. The Office of State Personnel shall staff and provide support to the Task Force.
SECTION 7.7.  The Task Force shall prepare background information and make recommendations to the Legislative Study Commission on State Personnel Statutes by January 2004. The Task Force may make recommendations to the Commission on any of the issues within the Study Commission's purview. The Task Force shall terminate upon the convening of the 2004 Regular Session of the 2003 General Assembly.  
SECTION 7.8.  In conducting its study, the Commission may:
(1)	Review Chapter 126 of the General Statutes to determine the need for recodification or revision of existing laws. Specific areas of study may include: the State Personnel Commission and the need for a separate State Employee Appeal Board; and improvements to the State Employee Incentive Bonus Program.  
(2)	Review potential innovations and initiatives including demonstration or pilot projects. 
(3)	Review the necessity of the age adjustment factor in the severance wages computation.
(4)	Review the recommendations submitted by the Task Force.
(5)	Review recommendations submitted by the Office of State Personnel.
SECTION 7.9.  The Commission shall submit a final report of its findings and recommendations, including any legislative recommendations, to the 2004 Regular Session of the 2003 General Assembly upon its convening.  The Commission shall terminate upon the convening of the 2004 Regular Session of the 2003 General Assembly.
SECTION 7.10.  The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4.  The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
Subject to the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical support staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 7.11.  Of the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part only. 

PART VIII. JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE STUDIES

SECTION 8.1.  The Joint Legislative Education Oversight Committee may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall submit a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 8.2.  Teacher assistant salary schedule (Holloman; H.B. 800 – Warner, Pate) – The Committee may study establishing a salary schedule for teacher assistants.
SECTION 8.3.  Rural schools (S.B.703 – Metcalf, Swindell, Holloman) – The Committee may study the unique issues that concern the rural schools in this State.
SECTION 8.4.  Physical restraints/seclusion in schools (S.B. 977 – Dorsett) – The Committee may study the use of physical restraints and seclusion in public schools.
SECTION 8.5.  High school graduation rate incentives (H.B. 1251 – Glazier; S.B. 949 – Lucas) – The Committee may study whether bonuses should be paid to principals for increased graduation rates.
SECTION 8.6.  At‑risk students single funding (H.B. 1250 – Glazier; S.B. 954 – Lucas) – The Committee may study whether a single funding stream should be targeted to at‑risk students.
SECTION 8.7.  Job sharing for school employees other than teachers (H.B. 271 – Glazier, Warner, Lucas, Insko) – The Committee may study issues relating to job sharing by public school employees other than teachers.  If it undertakes this study, the Committee shall study the need to facilitate job sharing for these employees, the cost to the local school administrative unit to hire employees in job‑sharing positions, and the impact of job sharing on the Teachers' and State Employees' Retirement System and the Comprehensive Major Medical Plan.
SECTION 8.8.  Close achievement gap (H.B. 938 – Michaux; S.B. 599 – Lucas) – The Committee may study the best practices and methodologies for closing the achievement gap among children of various demographic groups who are performing below grade level.
SECTION 8.9.  E‑textbooks for students (H.B. 940 – Miller) – The Committee may study issues related to the availability and use of electronic copies of textbooks for public school students.
SECTION 8.10.  Attracting teachers to become coaches (Nesbitt) – The Committee may study the need to attract teachers into assuming additional duties of coaching interscholastic athletic teams in middle and high schools. If it undertakes this study, the Committee shall consider the feasibility of establishing a coaching fellowship program to attract students preparing to enter teaching through higher education coursework into coaching.

PART IX. REVENUE LAWS STUDY COMMITTEE

SECTION 9.1.  The Revenue Laws Study Committee may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall submit a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 9.2.  Valuation of Lots in Subdivisions (S.B. 520 – Dalton; H.B. 528 – Moore, Clary, England) – The Committee may study the valuation of partially improved, undeveloped lots in subdivisions.
SECTION 9.3.  Simplified Business Entity Taxation (S.B. 860 – Clodfelter) – The Committee may study comprehensive reform and simplification of the existing State taxes on business entities, including corporations, limited liability companies, partnerships, business trusts, associations, and other entities engaged in business.
SECTION 9.4.  Private Activity Bonds (Rand) – The Committee may study private activity bonds.
SECTION 9.5.  Conform Bank Expense Deduction (H.B. 1290 – McComas; H.B. 827 – Weiss, Luebke, Insko, Glazier) – The Committee may study whether the State income tax on banks should be conformed to the federal income tax.
SECTION 9.6.  Subsidiary Dividend Taxes (H.B. 1291 – McComas) – The Committee may study whether the expense attribution law as it applies to deductible dividends should be modified.
SECTION 9.7.  Income Tax Derived from Manufacturing (H.B. 1268 – Blackwood) – The Committee may study whether income derived from manufacturing should be exempt from income taxation.
SECTION 9.8.  Tax Foreclosures (H.B. 981 – A. Williams) – The Property Tax Subcommittee of the Revenue Laws Study Committee may study the issue of foreclosures on tax liens, including proposals for expediting the foreclosure action.
SECTION 9.9.  Comparative Tax Burden (H.B. 1247 – McComas) – The Committee may study the comparative tax burden on residents of South Carolina and residents of North Carolina.
SECTION 9.10.  Tax Incentives to Promote Preservation of Open Spaces (H.B. 887 – G. Allen, Hackney; S.B. 950 – Lucas) – The Committee may study whether tax incentives should be provided to promote the preservation of open spaces.

PART X. JOINT LEGISLATIVE HEALTH CARE OVERSIGHT COMMITTEE

SECTION 10.1.  The Joint Legislative Health Care Oversight Committee may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall submit a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 10.2.  Benefits for State Employee Dependents (Rand) – The Committee may study alternative benefit plans for dependents of State employees.
SECTION 10.3.  Consolidation of State Health Care Services (Rand) – The Committee may study whether a State entity should be established to purchase health care services provided with State funds and to administer data consolidation and claims processing systems in order to enhance quality of care, promote cost containment, and achieve administrative efficiency and effectiveness in the system of services provided by the State.

PART XI. STUDY OF VARIOUS WAYS TO PROMOTE GOVERNMENT EFFICIENCY AND SAVINGS IN STATE SPENDING (Rand) 

SECTION 11.1.  The University of North Carolina (through the Office of the President), the Judicial Branch (through the Administrative Office of the Courts), the Executive Branch (through the Department of Administration), the Legislative Branch (through the Legislative Services Office), the Community College System (through the President's Office), and the Department of Public Instruction shall jointly study various ways to promote government efficiency and savings on State spending, including the following proposals:
(1)	Consolidate Administrative Functions (S.B. 805, S.B. 808 – Rand; H.B. 1052 – Owens, Dockham)
(2)	Statewide Benefit Committee Established (H.B. 1068 – Dockham, Owens)
(3)	DMV‑NCDL/Registration Extensions (S.B. 804 – Rand)
(4)	Combine State Safety Programs (S.B. 807 – Rand)
(5)	Increase Use of Public Defenders (S.B. 810 – Rand)
(6)	Controller's Fee – (S.B. 813 – Rand)
(7)	Deferred Retirement Option Program (S.B. 817 – Rand)
SECTION 11.2.  The Department of Administration shall report the results of this study to the Legislative Research Commission by February 15, 2004.

PART XII. JOINT LEGISLATIVE GROWTH STRATEGIES OVERSIGHT COMMITTEE STUDY (S.B. 896 – Queen)

SECTION 12.1.  The Joint Legislative Growth Strategies Oversight Committee may work with private and public institutions and with individuals to identify the major opportunities and challenges facing the urban cores of this State and to develop practical proposals for meeting these challenges to be submitted to the legislative and executive branches of government.
If it undertakes this study, the Committee shall:
(1)	Study legislation and State programs currently available to support vitality in urban areas, including redevelopment laws and tax incentives, and recommend changes to make them more effective.
(2)	Research tools used in other states to enhance urban core effectiveness.
(3)	Study the role of town centers and medium‑size cities as economic engines for their regions and surrounding rural areas.
(4)	Identify examples of successful ways to revitalize distressed quarters of our urban cores and town centers.
(5)	Study organizational models for Statewide assistance to local governments and communities in efforts to improve urban performance.
(6)	Identify existing obstacles that impede the effectiveness of our urban cores and develop legislative proposals for addressing these challenges.
SECTION 12.2.  The Committee may include its findings and recommendations on this study in its final report to the General Assembly.

PART XIII. JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE STUDIES

SECTION 13.1.  The Joint Legislative Transportation Oversight Committee may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall submit a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 13.2.  I‑95 Tolls (Rand) – The Committee may study the feasibility of establishing tolls on Interstate 95 from the South Carolina to Virginia borders.  Section 13.2 of S.L. 2002‑180 is repealed.
SECTION 13.3.  Paving of subdivision roads   – The Committee may study paving subdivision roads, particularly as it relates to the impact on economic development.
SECTION 13.4.  Registration of all terrain vehicles (H.B. 473 – Baker) – The Committee may study whether all terrain vehicles should be registered and regulated.  
SECTION 13.5.  Alternative fuels (Daughtridge) – The Committee may study the use, availability, benefits, and disadvantages of alternative fuels.  The study may include consideration of the following issues:
(1)	The existence and availability of federal grants or other incentive programs for alternative fuels and alternative fuel vehicles and the impact of these programs on the need or desirability for a State program.
(2)	The impact of increased alternative fuel vehicle use on the collection of motor fuel taxes and highway use taxes and whether the taxation of alternative fuels or vehicles using nonliquid or hybrid fuels needs to be modified.
SECTION 13.6.  Weight limit changes (S.B. 377 – Garwood) – The Committee may study the issue of adjusting the weight limits and penalties for trucks transporting bulk commodities.

PART XIV. COMMISSION ON CHILDHOOD OBESITY (S.B. 582 – Purcell)

SECTION 14.1.  There is established the Commission on Childhood Obesity.
SECTION 14.2.  The Commission on Childhood Obesity shall be composed of 27 members who have knowledge and interest in reversing the epidemic of childhood obesity and who are taking steps to prevent obesity.  The members shall be appointed as follows:
(1)	The Superintendent of Public Instruction or his or her designee.
(2)	One member of the Health and Wellness Trust Fund Commission appointed by the chair of the Health and Wellness Trust Fund.
(3)	Two parents of public school children and one public high school student appointed by the Governor after receiving recommendations from the North Carolina State Parent Teacher Association.
(4)	Two members of the Senate appointed by the President Pro Tempore of the Senate.
(5)	Two members of the House of Representatives appointed by the Speakers of the House of Representatives.
(6)	Two members of a local board of education appointed by the Governor, after receiving recommendations from the North Carolina School Boards Association.
(7)	One public school child nutrition director appointed by the Governor, after receiving recommendations from the Superintendent of Public Instruction.
(8)	One public school nutrition education specialist appointed by the Governor, after receiving recommendations from the Superintendent of Public Instruction.
(9)	One at‑large member appointed by the Governor.
(10)	Five members appointed by the President Pro Tempore of the Senate. In making these appointments, the President Pro Tempore shall appoint the following:
a.	One public school health education teacher.
b.	One representative from the Smart Start Program.
c.	One pediatrician.
d.	One psychiatrist, specializing in obesity.
e.	One school administrator.
Professional associations representing teachers, school administrators, and the medical community may recommend appointees to the President Pro Tempore of the Senate.
(11)	Five members appointed by the Speakers of the House of Representatives. In making these appointments, the Speakers of the House of Representatives shall appoint the following:
a.	One public school physical education specialist.
b.	One representative from the More At Four Program.
c.	One dentist.
d.	One member of the research community addressing the obesity epidemic.
e.	One school administrator.
Professional associations representing teachers, school administrators, and dentists may recommend appointees to the Speakers of the House of Representatives.
(12)	One representative of the vending machine industry, who is appointed by the Health and Wellness Trust Fund Commission, after receiving recommendations from the North Carolina Citizens for Business and Industry.
(13)	One nutritionist, who is appointed by the Health and Wellness Trust Fund Commission, after receiving recommendations from professional associations.
(14)	One economist, with expertise in the socioeconomic issues associated with obesity, who is appointed by the Health and Wellness Trust Fund Commission, after receiving recommendations from the research community.
Each of the following organizations or agencies may select a representative from its organization or agency to advise the Commission. These members shall provide information to the Commission about the obesity epidemic in North Carolina: North Carolina Department of Health and Human Services, Division of Public Health; North Carolina Department of Public Instruction, Child Nutrition Services; Be Active North Carolina, Inc.; NC Prevention Partners; American Cancer Society Inc.; American Heart Association Inc.; Action for Healthy Kids NC; Healthy Weight Initiative; and the Office of the Governor.
SECTION 14.3.  The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission from their appointees. The Commission shall meet at any time upon the joint call of the cochairs.  Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.
SECTION 14.4.  The study shall include the following:
(1)	The causes of obesity in North Carolina's children.
(2)	The socioeconomic issues associated with childhood obesity.
(3)	How the State should deal with childhood obesity.
(4)	The steps that should be taken to prevent obesity in North Carolina.
SECTION 14.5.  The Commission shall make recommendations that include the following:
(1)	Nutritional guidelines for food served in public schools outside of the National School Lunch and School Breakfast Programs.
(2)	Physical education in public schools.
(3)	Physical activities in public schools.
(4)	Healthy and nutritional behavior by North Carolina students and, when possible, their families.
The Commission is encouraged to explore different settings for its recommendations, including families, schools, child care, communities, health care, social marketing, and surveillance and research.
SECTION 14.6.  The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
Subject to the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical support staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate. 
SECTION 14.7.  The Commission shall submit a final written report of its findings and recommendations to the Joint Legislative Health Care Oversight Committee, the Joint Legislative Education Oversight Committee, and the Health and Wellness Trust Fund Commission no later than Friday, May 7, 2004. The final report may contain a summary of recommendations for changes to any law, rule, and policy that would lower or eradicate the obesity rates in North Carolina and our schools. Upon the earlier of the filing its final report or May 7, 2004, the Commission shall terminate.
SECTION 14.8.  Subject to the provisions of G.S. 120‑32.03, the Commission may apply for, receive, or accept grants and contributions from any source to support the work of the Commission established by this Part. The Legislative Services Commission may allocate not more than fifteen thousand dollars ($15,000) to support the Commission established by this Part.

PART XV. ENVIRONMENTAL REVIEW COMMISSION STUDIES

SECTION 15.1.  The Environmental Review Commission may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly or to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 15.2.  Clean Air Trust Fund (S.B. 981 – Metcalf) – The Commission may study establishing a Clean Air Trust Fund.
SECTION 15.3.  Enable revocation of contracts under certain circumstances (S.B. 878 – Horton)
SECTION 15.4.  Water restriction guidelines (Gibson) – The Commission may study water restriction guidelines created by the Department of Environment and Natural Resources and implemented by local governments.  If it undertakes this study, the Commission shall consider the State's role and authority to regulate water usage during times of drought conditions and shall also consider:
(1)	The economic impact of water conservation measures.
(2)	The balance between protecting water supply and economic impact on local communities.
(3)	Recommendations on establishing consistency across the State with respect to Classes of Water use, specifically the use of the terms essential and nonessential use.
SECTION 15.5.  Plan to Share Floodplain Mapping Information (H.J.R.. 1157 – Daughtridge) – The Commission may study whether the information compiled on a regular basis by the Statewide Floodplain Mapping Unit would be useful and relevant to dam operators, local agencies, and State agencies with regard to making decisions about coordinating and controlling water releases from dams, flood control, floodplain management, and emergency evacuation procedures. If it undertakes this study, the Commission may consider the type of information compiled by the Statewide Floodplain Mapping Unit and the value of that information in assisting with decisions regarding flood control techniques, floodplain management, and the time, frequency, and manner of water releases from dams. The Commission may also consider the feasibility of making that information readily available to dam operators, appropriate local agencies, and appropriate State agencies. The Commission may also consider whether it is appropriate to incorporate the information available from the Statewide Floodplain Mapping Unit into local emergency management plans and downstream inundation maps. The Commission may also study any other issues relevant to this topic.
SECTION 15.6.  Effectiveness of Environmental Programs  – The Commission may study the overall effectiveness of the State's efforts to protect the environment and conserve the natural resources of North Carolina.  This study should include a comprehensive evaluation of the implementation of existing legal mandates and of the organizational structure of the Department of Environment and Natural Resources.  This study should also consider:
(1)	The adequacy of current funding levels, additional funding needs, and funding options, including increasing fees to cover the cost of permitting, inspections, and enforcement.
(2)	Options to improve efficiency and reduce costs, including the consolidation of permitting, inspection, and enforcement functions.
(3)	The adequacy of current staffing levels.
(4)	Options to improve coordination among programs.
(5)	The adequacy of current inspection and enforcement activities and options to improve compliance with environmental laws and rules, including improvements in the use of civil penalties.
SECTION 15.7.  Deterrents to stormwater runoff (Horton) – The Commission may study the feasibility of encouraging permeable surfaces as a deterrent to stormwater runoff.
SECTION 15.8.  Protecting property owners adjacent to activities for which a stormwater permit is issued (S.B. 888 – Rucho) – The Commission may study ways to protect a property owner whose land is adjacent or downstream from a site on which alterations of the existing flow of stormwater will occur.

PART XVI. UNC BOARD OF GOVERNORS STUDY COMMISSION 

SECTION 16.1.  There is created the UNC Board of Governors Study Commission.  The Commission shall consist of 10 members appointed as follows:  five by the President Pro Tempore of the Senate and five by the Speakers of the House of Representatives. The Speakers of the House of Representatives shall appoint a cochair and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. Vacancies on the Commission shall be filled by the appointing authority. The Commission shall meet upon the call of the chairs.  A majority of the members of the Commission shall constitute a quorum.
SECTION 16.2.  The Commission shall study the method of election or appointment of members of the Board of Governors, the length of members' terms, the number of terms a member may serve, and the size of the Board of Governors.  As part of the study, the Commission may examine the governing boards of other states' institutions of higher education. The Commission shall report its findings and any recommendations to the 2005 Regular Session of the General Assembly.
SECTION 16.3.  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.
SECTION 16.4.  Subject to the approval of the Legislative Services Commission, the Commission may meet in the State Legislative Building or the Legislative Office Building. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist in the work of the Commission. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. All State departments and agencies and local governments and their subdivisions shall furnish the Commission with information in their possession or available to them.  Of the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part.
SECTION 16.5.  Part XXXI of S.L. 2001‑491 is repealed.
SECTION 16.6.  The Commission shall terminate upon the filing of its final report.

PART XVII. WILDLIFE RESOURCES COMMISSION STUDY (S.B. 790 – Queen)

SECTION 17.1.  The Wildlife Resources Commission may study the current state of trout fishing in Western North Carolina and determine methods for:
(1)	Expanding the management of, and access to, trout water resources for trout production, environmental improvements, and water trails and greenway improvements.
(2)	Promoting trout as an important aspect of the region's identity.
(3)	Otherwise enhancing trout fishing in the streams of Western North Carolina.
SECTION 17.2.  If it undertakes this study, the Wildlife Resources Commission shall report its findings and recommendations to the 2004 Regular Session of the 2003 General Assembly.

PART XVIII. GENERAL STATUTES COMMISSION STUDY (H.B. 1198 – Alexander)

SECTION 18.1.  The General Statutes Commission may recommend legislation to amend the General Statutes to delete the words "handicap" and "handicapped" whenever they appear and substitute the appropriate phrase to describe persons with disabilities, unless the words are required by federal law or describe some other situation. If undertaken, the report shall be made to the General Assembly no later than April 1, 2004.  

PART XIX. DEPARTMENT OF ADMINISTRATION STUDY (H.B. 1146 – Nesbitt)

SECTION 19.1.  The Department of Administration may study retainage from payment on public construction projects. If it undertakes this study, the Department shall consider the following:
(1)	Retainage by public owners from payment to contractors and retainage by those contractors from payment to subcontractors.
(2)	Retainage from periodic progress payments and final payment, including a maximum allowable amount of retainage.
(3)	A time certain for the owner's release of retainage, based upon the owner's occupancy, substantial completion of the work, or the owner's use of the improvements for the purposes intended.
(4)	A time certain for the contractor's release of retainage to a subcontractor, based upon the contractor's receipt of retainage.
(5)	Conditions permitting withholding of retention beyond the date of release, including those stated in G.S. 143‑134.1(d), and limits on the amount of retainage for a condition permitting withholding.
(6)	Interest on wrongfully withheld retainage and conditions for the payment of attorneys' fees for the collection of wrongfully withheld retainage.
(7)	Line‑item release of retainage, based upon a schedule of values, for specific work that has been completed by the contractor and approved by the owner.
(8)	Any other matters relating to the withholding and release of retainage on public construction projects.
SECTION 19.2.  The Department shall report the results of its study to the 2004 Regular Session of the 2003 General Assembly upon its convening.

PART XX. WORKFORCE NEEDS STUDY COMMISSION (Lucas of Durham)

SECTION 20.1.  There is created the Workforce Needs Study Commission ("Commission"). The Commission shall consist of 15 members appointed as follows:
(1)	Five members appointed by the Governor, to include:
a.	One person who is knowledgeable about unemployment insurance laws.
b.	One person who is knowledgeable about State and federal labor laws.
c.	One person who is knowledgeable about State and federal taxes.
d.	One person who represents an organization whose primary purpose is to represent the interests of women.
e.	One person who is knowledgeable about the State's public education system.
(2)	Five members appointed by the Speakers of the House of Representatives, to include:
a.	Three members of the House of Representatives.
b.	One person who is a working citizen of low‑ to moderate‑income.
c.	One person from a private business or firm employing 200 or more employees in this State.
(3)	Five members appointed by the President Pro Tempore of the Senate, to include:
a.	Three members of the Senate.
b.	One person who represents an organization whose primary purpose is to represent the interests of workers.
c.	One person from a private business or firm employing fewer than 200 employees in this State.
SECTION 20.2.  The Commission shall:
(1)	Identify a basic needs budget for North Carolina families and determine the income and hourly wage needed to support the basic needs budget.
(2)	Determine the extent to which current labor market participation and wages enable individuals and families to earn the income necessary to meet their basic needs.
(3)	Determine how many North Carolinians work and earn an adequate basic needs income and study trends in the size, geographic, and demographic profiles of these groups. To the extent possible, county level data should be used to study trends in counties and regions of the State.
(4)	Examine job market factors that contribute to any changes in the composition and numbers of those working but unable to meet their basic needs including, but not limited to, shifts from manufacturing to service, from full‑time to part‑time work, from permanent to temporary or other contingent employment, and geographic location of economic development.
(5)	Examine the impact on the State's economy, employment and wages of the decreased barriers to free trade among countries that has resulted from NAFTA, GATT and other federal free trade agreements, and examine the impact of mass layoffs and plant closings in rural and urban counties and assess the future of North Carolina industry in the new economy.
(6)	Examine the efficacy of current and proposed economic development efforts and evaluate what types of jobs and wages they have brought to the State, explore other options for increasing jobs that pay a wage adequate to meet families' basic needs budget, and identify future industries that may be viable for development in North Carolina.
(7)	Explore other public and private initiatives that could increase household income to an amount adequate to support a basic needs income budget.
(8)	Evaluate the effectiveness of the public school system to educate students about budgeting and economic literacy skills and about their role as consumers and workers in contemporary society.
(9)	Examine the efficacy of a State‑earned income tax credit to enable working families to meet the requirements of a basic needs income budget.
(10)	Examine the wages, benefits, and protections available to part‑time and temporary workers, leased employees, independent contractors, and other contingent workers as compared to regular full‑time workers.
(11)	Examine the number, household structure, and demographics of workers earning close to the federal minimum wage, the economic effects in North Carolina of the past increases in the federal minimum wage, and economic effects in other states that have implemented minimum wages higher than the federal minimum, including, but not limited to, the impact on public assistance payments, competitiveness of employers, and other employee benefits.
(12)	Consider any other matter that the Commission finds relevant to its charge.
SECTION 20.3.  The Speakers of the House of Representatives shall appoint a cochair, and the President Pro Tempore of the Senate shall appoint a cochair for the Commission. The Commission may contract for consultant services as provided by G.S. 120‑32.02. Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist in the work of the Commission.  Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Supervisors of Clerks. The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The Commission, while in discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120‑19 through G.S. 120‑19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information, data, or documents within their possession, ascertainable from their records, or otherwise available to them, and the power to subpoena witnesses. Members of the Commission shall receive per diem, subsistence, and travel allowances at the rate established in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate. Vacancies shall be filled by the appointing authority.
SECTION 20.4.  The Commission shall submit an interim report to the 2004 Regular Session of the 2003 General Assembly that contains its recommendations, legislative proposals, and cost analyses. The Commission shall make a final report to the 2005 Regular Session of the 2005 General Assembly and shall terminate upon the earlier of the filing of its final report or January 15, 2005.
SECTION 20.5.  From the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part.

PART XXI. STUDY COMMISSION ON PROVIDING AN APPROPRIATE EDUCATION FOR STUDENTS ON LONG‑TERM SUSPENSION (H.B. 1135 – Preston, L. Johnson, Parmon, Nesbitt; Womble)

SECTION 21.1.  There is created a Study Commission on Providing an Appropriate Education for Students on Long‑Term Suspension to study the feasibility and cost of developing a State plan to ensure that students recommended for long‑term suspension receive an appropriate education. The Commission shall consist of the following members:
(1)	The Chair of the State Board of Education or the Chair's designee.
(2)	The Superintendent of Public Instruction or the Superintendent's designee.
(3)	The Secretary of Juvenile Justice and Delinquency Prevention or the Secretary's designee.
(4)	The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services or the Director's designee.
(5)	Three educators, appointed by the Chair of the State Board of Education, who have experience dealing with students recommended for long‑term suspension.
(6)	Two members of the Senate and two members of the House of Representatives who are members of the Joint Legislative Education Oversight Committee, appointed by the cochairs of that Committee.
In the course of its study, the Commission shall consult with representatives of parents, teachers, students, school boards, county commissioners, or other interested parties. The Commission shall consult with the Communities In Schools Program, the North Carolina Child Advocacy Institute, the North Carolina Justice and Community Development Center, and the Covenant with North Carolina's Children as it undertakes this study.
SECTION 21.2.  The Commission shall consider and report on whether and to what extent North Carolina should mandate the following:
(1)	Local school administrative units in North Carolina shall provide or cause to be provided an appropriate education for all students recommended for a long‑term suspension.
(2)	Each student recommended for long‑term suspension shall receive a multidisciplinary assessment and evaluation to (i) ascertain his or her educational history, needs, and special learning problems and (ii) assess the risk the child poses to staff and other students. The assessment and evaluation shall include feedback and recommendations from local mental health and juvenile justice professionals.
(3)	An individualized education and service plan shall be developed for all students recommended for long‑term suspension by a committee that includes education, mental health, and juvenile justice professionals, the child's parent or guardian, and any other person the committee considers appropriate. The chair of the Juvenile Crime Prevention Council or a designee shall serve as chair of this committee.
(4)	All efforts shall be made to reduce the risk the child poses to staff and other students and to allow the child to continue his or her education in his or her regular school without disruption. These efforts shall include the provision of related services and interventions from other agencies when considered necessary by the committee.
(5)	During the first 10 days of suspension, the local school administrative unit shall place the student recommended for suspension in a diagnostic setting for purposes of ensuring there is no disruption to the student's education and to complete the assessment process.
(6)	The local education agency shall contract with private or public agencies if an appropriate education cannot be provided within the school system. Funds appropriated to a local school administrative unit for the education of the child shall be used to pay for the program in which the child is placed.
(7)	The child's parent or guardian shall have the right to appeal the recommendation for the long‑term suspension or any placement decision made by the local school administrative unit.
(8)	No child shall be rejected for education and services by a local school administrative unit unless a district court judge places the child in a juvenile justice program or facility. In that circumstance, the Department of Juvenile Justice and Delinquency Prevention is responsible for providing the child's education.
SECTION 21.3.  The Speakers of the House of Representatives shall appoint a cochair, and the President Pro Tempore of the Senate shall appoint a cochair for the Commission.  The Commission may meet at any time upon the joint call of the cochairs.  Vacancies on the Commission shall be filled by the same appointing authority as made the initial appointment.
The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 and G.S. 120‑19.1 through G.S. 120‑19.4. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02.
Subject to the approval of the Legislative Services Commission, the Commission may meet in the Legislative Building or the Legislative Office Building. The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical support staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 21.4.  The Commission shall report to the Joint Legislative Education Oversight Committee by April 15, 2004, on the committee's findings and recommendations, which may include a State plan or elements to be included in a State plan, the feasibility and cost of implementing a State plan beginning with the 2004‑2005 school year, and any statutory changes necessary to implement a State plan.
SECTION 21.5.  Of the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part.

PART XXII. NORTH CAROLINA BUILDING CODE COUNCIL STUDY (Culpepper)

SECTION 22.1.  The General Assembly finds that the affordability of housing is an important issue and that the State should endeavor to ensure that State regulation does not unnecessarily increase the cost of housing.  To that end, the North Carolina Building Code Council shall study the Residential Building Code to determine which provisions, if any, are unnecessary, outdated, overly stringent, or otherwise unduly increase the cost of housing.
SECTION 22.2.  The Building Code Council may submit an interim report to the 2004 Regular Session of the 2003 General Assembly and shall submit a final report of the findings of its study, including any recommendations for statutory changes, to the 2005 General Assembly upon its convening.  

PART XXIII. NORTH CAROLINA STUDY COMMISSION ON AGING STUDY

SECTION 23.1.  The North Carolina Study Commission on Aging may study the topic listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall make a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 23.2.  Emergency generators (H.B. 346 – Moore) – The Commission may study whether nursing homes licensed under Chapter 131E of the General Statutes and adult care homes licensed under Chapter 131D of the General Statutes should be required to provide emergency electrical service for use in the event of failure of the normal electrical service.  If it undertakes this study, the Commission shall consider the following:
(1)	The extent to which electrical service should be provided, both between and within care settings, including how much generator capacity should be required.
(2)	The logistical and monetary factors that are barriers to requiring emergency electrical power and options to address those barriers, including providing a funding mechanism for purchasing generators.
(3)	The coordination between facilities and local and State emergency management during power outages.
(4)	Sources of funding for any mandate.
SECTION 23.3.  Long‑term care remediation (S.B. 206 – Swindell, Purcell) – The Commission may study the feasibility of implementing a remediation program for long‑term care facilities in this State that is similar to the Collaborative Remediation Project in Michigan. 

PART XXIV. JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES STUDIES 

SECTION 24.1.  The Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall make a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 24.2.  Integration of care for children with multiple system service needs (H.B. 169 – Insko; S.B. 262 – Foxx, Metcalf, Allran, Dannelly, Lucas, Purcell) – The Committee shall conduct a comprehensive review of the State's system of care for children with multiple system service needs.  The purpose of the comprehensive review is to determine the extent to which children who need services from multiple State and local agencies in this system are or are not receiving those services in a timely manner, the effectiveness of the services provided, the potential long‑term impact on the children, their families, and State and local resources of not providing all services in a timely and cost‑effective manner, and to make detailed recommendations on the system changes necessary to address the problems identified as quickly as possible. Recommendations on system changes shall include programmatic and funding changes, and an analysis and estimate of implementation costs and projected cost‑savings to the State in future years.  In order to ensure a dedicated focus and appropriate expertise for the comprehensive review, the Committee shall convene a task force to conduct the review.  The task force shall be comprised of the cochairs of the Oversight Committee, the Joint Legislative Education Oversight Committee, the Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee, the Joint Legislative Health Care Oversight Committee, and other individuals appointed by the cochairs of the Oversight Committee upon recommendation of the other members of the task force.
In conducting its review, the task force shall consider thoroughly all of the following:
(1)	State‑of‑the‑art approaches to services to children with multiple system service needs as the basis of reform in North Carolina.
(2)	Evidence‑based best practices in North Carolina and elsewhere for potential systemwide adoption.
(3)	Barriers to access for developing a uniform access process to implement a "no wrong door" policy such that children and families may enter any service access point but will be afforded seamless access to all necessary services.
(4)	Initiatives taken or under consideration in other states to ensure a unified approach to system services, including the feasibility of establishing a funding consortium for pooling resources of all involved agencies in order to streamline access to the system by children and involvement in the system by service providers.
(5)	Ways to improve the multidisciplinary identification and evaluation of children's multiple service needs and the communication of those needs to all appropriate service providers.
(6)	The extent to which children currently in the juvenile justice system have not received adequate and appropriate educational, mental health, or other health services, and the reasons why the children have not been adequately served.
(7)	Information from the Department of Public Instruction and other organizations showing the number of children who have been suspended or expelled from public school, the reasons for the suspension or expulsion, the number of these children who have received alternative placements to ensure that they are being adequately and appropriately served by State and local service systems.
(8)	Necessary changes to North Carolina service systems involving mental health, developmental disabilities, and substance abuse services, social services, education services, juvenile justice, and other related service systems that will enable these systems to work together to ensure effective and timely access to services for children and their families.
The Oversight Committee, subject to the provisions of G.S. 120‑32.02 may hire a consultant to assist the task force in its comprehensive review. The Oversight Committee shall establish interim and final reporting time lines for the consultant's findings and recommendations, and, subject to the requirements of this section, for meetings and reports of the task force.
SECTION 24.3.  Mental health in prisons (H.B. 1085 – Insko) – The Committee may study the incidence of mental illness and substance abuse problems among inmates in the North Carolina prison and juvenile justice systems.

PART XXV. DEPARTMENT OF CULTURAL RESOURCES/COMMISSION OF INDIAN AFFAIRS STUDY (H.B. 747 – Sutton)

SECTION 25.1.  The Department of Cultural Resources and the Commission of Indian Affairs of the Department of Administration may jointly study the future of the North Carolina Archaeological Collection, which is currently maintained by the Research Laboratories of Archaeology at the University of North Carolina at Chapel Hill. If the study is undertaken, the Department and the Commission shall consider the steps necessary to ensure the future preservation of the collection and the need to use the collection to its fullest potential as a resource for research, teaching, and other public programs.
SECTION 25.2.  If the study is undertaken, the Department of Cultural Resources and the Department of Administration shall report their findings and recommendations to the 2004 Regular Session of the 2003 General Assembly and shall include a specific recommendation on a permanent home for the collection where it can be safely housed and where a permanent facility can be established in which the collection can be exhibited for the benefit of the public.

PART XXVI. JOINT COMMITTEE ON EXECUTIVE BUDGET ACT REVISIONS STUDY (Culpepper, Clodfelter)

SECTION 26.1.  The Joint Committee on Executive Budget Act Revisions created in S.L. 2003‑284, Sec. 6.12(a), shall consider the issues raised by the provisions contained in House Bill 1218 and Senate Bill 726 and include any recommendations concerning those issues in its report to the General Assembly required under S.L. 2003‑284, Sec. 6.12(b).

PART XXVII. SENATE SELECT COMMITTEE ON INSURANCE AND CIVIL JUSTICE REFORM (Basnight)

SECTION 27.1.  The Senate Select Committee on Insurance and Civil Justice Reform that was established during the 2003 Session of the General Assembly by the President Pro Tempore of the Senate, pursuant to Rule 31 of the Senate Rules and G.S. 120‑19.6, is hereby confirmed.
SECTION 27.2.  The present membership of the Select Committee shall continue to serve, subject to the provisions of  Section 27.8. 
SECTION 27.3.  The Select Committee shall continue its study of:
(1)	Improvement of patient care issues, including improved peer review system, errors data collection, and efforts to encourage remediation by health care providers;
(2)	Medical malpractice insurance reforms including the benefits of experience rating, claims reporting, rate stabilization, prior approval of rates, central reporting of claims, and expense reporting;
(3)	Litigation reforms, including itemization of damages, reduction of litigation expenses, appeal bonds, prevention of frivolous litigation, evidentiary issues, collateral source rule, and deferred payment of judgments;
(4)	Limits on personal liability, including caps on noneconomic damages, excess liability funds, shared risk pools, no‑fault procedure for certain claims and certain medical providers;
(5)	Improve incentives to enhance medical provider services in rural areas, including tax credits and other incentives;
(6)	Improve medical provider licensure, including strengthening oversight process and governance, and more public disclosure of disciplinary actions;
(7)	Other reform issues, including capping attorneys' fees, shortening statutes of limitations, and modifying joint and several liability; and
(8)	Any other matters or issues the Committee determines to be relevant.
SECTION 27.4.  The Select Committee may report on the results of its study, including any proposed legislation to the members of the Senate, periodically. The Select Committee is specifically authorized to report to the 2004 Regular Session of the 2003 General Assembly and shall issue its final report to the members of the Senate not later than December 31, 2004.
SECTION 27.5.  The Select Committee is authorized to meet during sessions of the General Assembly, during recesses, and in the interim periods between sessions, upon the call of its chair.
SECTION 27.6.  Members of the Select Committee shall receive per diem, subsistence, and travel allowance at the rate established in G.S. 120‑3.l.
SECTION 27.7.  The expenses of the Select Committee including per diem, subsistence, travel allowances, and contracts for professional or consultant services shall be paid upon the written approval of the President Pro Tempore of the Senate pursuant to G.S. 120‑32.02(c) and G.S. 120‑35 from funds available to the Senate for its operations.
SECTION 27.8.  The members of the Select Committee serve at the pleasure of the President Pro Tempore of the Senate. The President Pro Tempore may dissolve the Select Committee at any time.

PART XXVIII. JOINT LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE STUDY (H.B. 758 – Stiller)

SECTION 28.1.  The Joint Legislative Commission on Seafood and Aquaculture may study whether it should be unlawful to take shrimp with trawl nets in certain inland waters. The Commission may report the results of its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall make a report to the 2005 Regular Session of the 2005 General Assembly upon its convening.

PART XXIX. ADMINISTRATIVE OFFICE OF THE COURTS/DEPARTMENT OF CORRECTION STUDY (H.B. 890 – Eddins, Holliman)

SECTION 29.1.  The Administrative Office of the Courts and the Department of Correction shall jointly study the processes for the collection and payment of restitution in this State, and shall determine methods for reducing the number of restitution payments that go unclaimed. The Administrative Office of the Courts and the Department of Correction shall report their findings and recommendations to the 2004 Regular Session of the 2003 General Assembly.

PART XXX. JOINT LEGISLATIVE CORRECTIONS, CRIME CONTROL, AND JUVENILE JUSTICE OVERSIGHT COMMITTEE STUDIES

SECTION 30.1.  The Joint Legislative Corrections, Crime Control, and Juvenile Justice Oversight Committee may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall make a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 30.2.  Deter juvenile escapes (H.B. 956 – Haire) – The Committee may study the issue of persons who escape from the custody of the Department of Juvenile Justice and Delinquency Prevention (Department) and develop appropriate sanctions for those persons. If it undertakes this study, the Committee shall consult with the Department, the Administrative Office of the Courts, and the North Carolina Sentencing and Policy Advisory Commission to develop a statutory scheme through which both juveniles and persons who are over the age of 16 years shall be punished for escaping from the custody of the Department.
SECTION 30.3.  Federal Structured Sentencing System (Culpepper) – The Committee may study the State's current system of structured sentencing and compare that with the federal system of structured sentencing.  In its study, the Committee shall consider all of the following:
(1)	A comparison of the role and responsibilities of the North Carolina Sentencing and Policy Advisory Commission with regard to structured sentencing with the role and responsibilities of the Commission's federal counterpart.
(2)	The effectiveness of both the State and federal systems in adjusting the sentencing grid and the factors considered in the sentencing process so that the sentencing range available to the court is appropriate for the crime committed and also allows appropriate flexibility for the court to consider the circumstances on a case‑by‑case standard.
(3)	The effect of the structured sentencing system at the State and federal levels on the number of prison beds required and whether regular periodic adjustments of the sentencing structure that take into account both the nature of the crimes most often committed, the effectiveness of the punishments imposed, and the increase or decrease in prison populations provides a more equitable and economic criminal justice system.
(4)	Any other issue relevant to this study.

PART XXXI. STUDY COMMISSION ON INDIAN GAMING  (Culpepper)

SECTION 31.1.  The Study Commission on Indian Gaming in North Carolina is created.  The Commission shall consist of voting members as follows:
(1)	Four members of the House of Representatives to be appointed by the Speakers of the House of Representatives, with one of the members to be designated as Cochair;
(2)	Four members of the Senate to be appointed by the President Pro Tempore of the Senate, with one of the members to be designated as Cochair;
(3)	Two members to be appointed by the Governor; 
(4)	The Principal Chief, Eastern Band of Cherokee Indians, or designee; and
(5)	One representative of any federally recognized Indian tribe with federal Indian lands located in North Carolina on the effective date of this act, other than the Eastern Band of Cherokee Indians, appointed by the Governor. 
The Commission shall meet upon the call of the Cochairs. A majority of the Commission shall constitute a quorum for the transaction of business.
SECTION 31.2.  The Commission shall examine any issues regarding current and future Indian gaming pursuant to the federal Indian Gaming Regulatory Act, including: the statutory framework for the formation, negotiation, and endorsement of Tribal‑State compacts; the formation of a permanent Indian Gaming Commission; potential amendments to the current compact; and the entry into future compacts.
SECTION 31.3.  The Commission may contract for consultant services as provided by G.S. 120‑32.02. Upon approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist in the work of the Commission. Clerical staff shall be furnished to the Commission through the offices of the House of Representatives and Senate Supervisors of Clerks. The Commission may meet in the Legislative Building or the Legislative Office Building upon the approval of the Legislative Services Commission. The Commission, while in the discharge of official duties, may exercise all the powers provided under the provisions of G.S. 120‑19 through G.S. 120‑19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information, data, or documents within their possession, ascertainable from their records, or otherwise available to them, and the power to subpoena witnesses.
Members of the Commission shall receive per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are members of the General Assembly at the rate established in G.S. 120‑3.1;
(2)	Commission members who are officials or employees of the State or of local government agencies at the rate established in G.S. 138‑6; and
(3)	All other Commission members at the rate established in G.S. 138‑5.
SECTION 31.4.  The Commission shall make a report to the 2004 Session of the 2003 General Assembly, which may contain recommendations. The Commission shall terminate upon filing its report.
SECTION 31.5.  Of the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Commission established by this Part.

PART XXXII. DEPARTMENT OF TRANSPORTATION STUDY WITH THE STATE TREASURER (McComas)

SECTION 32.1.  The Department of Transportation and Department of State Treasurer shall jointly study and develop a proposal to provide appropriate debt financing to accelerate the construction schedule for the Wilmington Bypass project identified in G.S. 136‑180(a). The study shall address financial, legal, and practical issues involved in various financing options including special indebtedness under Article 9 of Chapter 142 of the General Statutes, revenue bonds supported by toll revenues, and other appropriate types of debt. 
SECTION 32.2.  The two Departments shall jointly report their findings and recommendations, including proposed legislation, by May 1, 2004, to the Speakers of the House of Representatives, the President Pro Tempore of the Senate, the cochairs of the Joint Legislative Transportation Oversight Committee, and the Legislative Library.

PART XXXIII. OFFICE OF STATE BUDGET AND MANAGEMENT STUDY (Sherrill)

SECTION 33.1.  The Office of State Budget and Management shall conduct an analysis of the structure and operation of the Department of Public Instruction.  The analysis shall identify potential efficiencies and savings in the operation of the Department.  The analysis may consider consolidation of functions with other agencies and automation of functions.  
SECTION 33.2.  The Office of State Budget and Management shall report its findings to the State Board of Education.  The Office of State Budget and Management and the State Board of Education shall jointly report to the Joint Legislative Education Oversight Committee by March 15, 2004, on the results of the analysis.
SECTION 33.3.  Section 7.13(b) of S.L. 2002‑126 is repealed.

PART XXXIV. BLUE RIBBON TASK FORCE ON MEDICAL MALPRACTICE (H.R. 1027 – Carney, Earle, Bordsen, Dickson)

SECTION 34.1.  There is established the House of Representatives' Blue Ribbon Task Force on Medical Malpractice. The Task Force shall function and have the power of an interim study committee as set forth in G.S. 120‑19.6(a1). The Task Force shall conduct a study of medical malpractice and make comprehensive recommendations for fundamental reform.  In undertaking its study, the Task Force shall consider the following:
(1)	The complex causes of and remedies for medical malpractice.
(2)	Rapidly escalating professional liability premiums for health care providers.
(3)	The impact of medical malpractice issues on health care accessibility in North Carolina.
(4)	Other matters related to medical malpractice and its impact on health care access.
SECTION 34.2.  The Speakers of the House of Representatives shall appoint 26 members to the Blue Ribbon Task Force composed of members of the House of Representatives and a balanced representation of the insurance industry, health care consumers, medical providers, trial lawyers, and related interest groups.
SECTION 34.3.  The Blue Ribbon Task Force on Medical Malpractice shall make recommendations to the 2004 Regular Session of the 2003 General Assembly upon its reconvening.
SECTION 34.4.  The expenses of the Task Force shall be paid upon the written approval of both Speakers of the House pursuant to G.S. 120‑35 from funds available to the House for its operations.

PART XXXV. ECONOMIC DEVELOPMENT BOARD TASK FORCE STUDY (Black, Morgan)

SECTION 35.1.(a)  The Economic Development Board shall establish a Small Business Task Force to examine and evaluate the responsiveness of the State to North Carolina small businesses and to make recommendations on small business economic development initiatives.  The Task Force shall study the following issues:
(1)	Agencies and programs that provide developmental and expansion assistance to new and existing small businesses to determine the effectiveness of existing services and the need for alternative or additional services.
(2)	The impact of State tax laws on small business, including recommendations for reform of the tax code to better promote small businesses.
(3)	Fiscal and tax policies affecting small businesses in other states.
(4)	The need for a centralized agency to provide assistance to small businesses in obtaining any necessary licenses or permits.
(5)	The need for a comprehensive communications strategy for small businesses that may include any of the following:
a.	Intra‑agency and interagency communication and coordination of small business assistance for the increased benefit of North Carolina's small businesses.
b.	Needs or provider assistance surveys of North Carolina businesses every two years.
c.	Existing websites or the creation of a website that is designed specifically for start‑up businesses and small business owners and managers and that includes information on government financial assistance programs, permits, licenses, taxes and tax incentives, and links to sources of local information.
d.	The exchange of public information between the Department of Commerce and its partners and allies.
(6)	The need for a Small Business Micro‑Loan Program targeted at developing, incubating, and expanding small businesses.
(7)	Other matters relating to small business concerns.
SECTION 35.1.(b)  The Chair of the Economic Development Board shall appoint up to 15 members of the Board to serve on the Small Business Task Force.  The Chair's appointments to the Task Force must include at least one member of the Senate appointed to the Board by the President Pro Tempore of the Senate and at least one member of the House of Representatives appointed to the Board by the Speaker of the House of Representatives.  The Chair of the Economic Development Board shall appoint a chair of the Task Force.
SECTION 35.1.(c)  The Small Business Task Force shall make an interim report to the Economic Development Board no later than May 7, 2004, and a final report to the Board no later than January 14, 2005.  The report shall include the findings of the Task Force and a summary of any recommendations for changes.  The Economic Development Board may make an interim report to the 2004 Regular Session of the 2003 General Assembly and a final report to the 2005 General Assembly."
SECTION 35.2.  In its Plan and annual update for 2003 required pursuant to G.S. 143B‑434.01, the goals and objections to be provided by the Economic Development Board shall include all of the following:
(1)	A specific target number of new jobs to be created in the State. The target number shall be broken down by county and Region and by new and existing businesses.
(2)	A specific target rate of unemployment for the State and for each county and Region.
(3)	An estimate of the number of jobs that will be lost in the State and each county and Region.
(4)	A specific target dollar amount of new capital investment in the State and in each Region.

PART XXXVI. UNC BOARD OF GOVERNORS STUDY FEASIBILITY OF FORGIVENESS OF STUDENT DEBT PROGRAM

SECTION 36.1.  The Board of Governors of The University of North Carolina, in conjunction with the North Carolina State Education Assistance Authority, may study the feasibility of a program that would forgive student indebtedness for teachers who have continuing certification in and are teaching in the disciplines of mathematics, science, or special education. The Board shall report the results of its study to the Joint Legislative Education Oversight Committee by February 15, 2004.

PART XXXVII. STATE BOARD OF EDUCATION STUDY

SECTION 37.1.  The State Board of Education shall study issues related to effective recruitment and retention of teachers for the North Carolina public schools.  In the course of this study, the State Board of Education shall consider:
(1)	Impediments to effective teacher recruitment and retention;
(2)	Strategies for increasing the effectiveness or recruitment and retention efforts;
a.	Modifications to teacher salaries and benefits that will ensure that teacher compensation in North Carolina remains at or above the national average, thereby better enabling the public schools to recruit and retain highly qualified teachers. The State Board may consider:
1.	Increased salaries for beginning teachers to make the profession more attractive at the entry level;
2.	Increased salaries for teachers at those points at which higher numbers of teachers leave the teaching profession;
3.	Retirement options to teachers with 30 years of experience that will provide opportunities for those highly skilled and experienced teachers to continue in service;
4.	Differentiated salary opportunities for teachers who demonstrate exemplary teaching skills, work in certain areas of certification, work in hard‑to‑staff schools, or serve as mentors, school improvement team leaders, or leaders in a Quality Teacher as Leader Program;
5.	Other modifications to teacher salaries and benefits necessary to recruit and retain highly qualified teachers in the public schools. 
b.	Tax incentives to encourage experienced teachers to remain in the teaching profession; 
c.	Locally designed initiatives to facilitate teacher recruitment and retention;
d.	Strategies for increasing the number of highly qualified beginning teachers such as:
1.	Expanding teacher preparation programs;
2.	Expanding scholarship loan programs for prospective teachers to recruit the most qualified high school students to the teaching profession; and
3.	Ensuring that graduates of teacher preparation programs are well prepared to meet teacher‑certification requirements;
e.	Strategies for giving beginning teachers the opportunity to develop into skilled professionals such as assigning them to teach only in their area of certification and minimizing their noninstructional duties;
f.	Strategies for ensuring that school‑based administrators are adequately trained to provide support for both experienced and inexperienced teachers and that they provide that support;
g.	Strategies for ensuring that teachers are treated respectfully by students such as a Teachers' Bill of Rights;
h.	Increased expectations regarding parental involvement in and support of their children's education; and
i.	The availability of communications devices in the classroom.
SECTION 37.2.  The State Board of Education shall report its findings and recommendations to the Joint Legislative Education Oversight Committee prior to February 15, 2004.

PART XXXVIII. LEGISLATIVE STUDY COMMISSION ON FINANCING INFRASTRUCTURE FOR INDUSTRIAL CORRIDORS (McComas, Justice)

SECTION 38.1.  Creation. – There is created the Legislative Study Commission on Financing Infrastructure for Industrial Corridors. The purposes of the Commission are to investigate and identify State, federal, and local funding sources for proposed water and sewer infrastructure improvements for the Highway 421 Industrial Corridor in Pender and New Hanover Counties, to foster interlocal cooperation to enhance economic development in the region, and to recommend any legislative changes necessary to enhance available resources for development.
SECTION 38.2.  Members. – The Commission shall consist of 12 members as provided in this subsection. The following individuals shall serve ex officio: (i) the chair of the Pender County Board of Commissioners or another member of the board designated by the chair and (ii) the chair of the New Hanover County Board of Commissioners or another member of the board designated by the chair. Five members shall be appointed by the Speaker of the House of Representatives as follows: two members of the House of Representatives, an individual nominated by the Cape Fear Regional Growth Team, an individual from New Hanover County who represents Wilmington Industrial Development, Inc., also known as the Wilmington Committee of 100, and an owner of property abutting the Highway 421 Industrial Corridor in New Hanover County. Five members shall be appointed by the President Pro Tempore of the Senate as follows: two members of the Senate, an individual nominated by the Cape Fear Regional Growth Team, an individual from Pender County who represents Wilmington Industrial Development, Inc., also known as the Wilmington Committee of 100, and an owner of property abutting the Highway 421 Industrial Corridor in Pender County.
SECTION 38.3.  Administration. – The Speakers of the House of Representatives shall designate one Representative as cochair, and the President Pro Tempore of the Senate shall designate one Senator as cochair. Any vacancy on the Commission shall be filled by the appointing authority that made the initial appointment. The Commission shall expire upon delivering its final report.
The Commission, while in the discharge of its official duties, may exercise all powers provided for under 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. 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 staff to assist the Commission in its work. The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. Members of the Commission shall receive subsistence and travel expenses at the rates set forth in G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 38.4.  Study. – In conducting the study, the Commission shall consider the following:
(1)	The feasibility of proposed water and sewer infrastructure improvements for the Highway 421 Industrial Corridor in light of soil quality, existing development, and other relevant factors.
(2)	Available funding sources through State programs administered by the Department of Commerce, including eligibility requirements and potential legislation to clarify or adjust these requirements.
(3)	Federal funding sources through federal block grants and other sources, including eligibility requirements and their applicability to the proposed infrastructure improvements.
(4)	Available funding sources through private individuals or entities.
(5)	Options for interlocal agreements to provide regional cooperation in enhancing funding resources for the proposed infrastructure improvements and related projects.
(6)	Options for ownership and administration of the infrastructure improvements by Pender County or by an authority.
(7)	The measurable economic development benefits to the area from making the proposed water and sewer improvements.
(8)	Any other issues the Commission considers relevant.
SECTION 38.5.  Report. – The Legislative Study Commission on Financing Infrastructure for Industrial Corridors may make an interim report to the 2003 General Assembly not later than the convening of the 2003 General Assembly, 2004 Regular Session, and shall make its final report to the 2005 General Assembly upon its convening. The Commission shall terminate the earlier of the filing of its report or the convening of the 2005 General Assembly.
SECTION 38.6.  Cooperation. – All State departments and agencies and local governments and their subdivisions shall, upon request, furnish the Commission with any information in their possession or available to them.
SECTION 38.7.  From the funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds to support the expenses of the Commission established by this Part.

PART XXXIX. DEPARTMENT OF CORRECTION STUDY (S.B. 1014 – Berger)

SECTION 39.1.  The Department of Correction may study the confinement of inmates who are irreversibly physically incapacitated due to chronic illness or disability.  If it undertakes this study, the Department's study shall include, but is not limited to, a review of current policies, a calculation of potential population figures and medical care costs, a determination of possible alternatives to incarceration and accompanying costs, and a consideration of procedures for termination or commutation of sentences.
SECTION 39.2.  The Department of Correction shall report its findings and recommendations, including any proposed legislation, no later than the convening of the 2004 Regular Session of the 2003 General Assembly by filing a report with the Offices of the Principal Clerk of the Senate and House of Representatives and the Legislative Library.

PART XXXX. AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION STUDIES

SECTION 40.1.  The Agriculture and Forestry Awareness Study Commission may study the topics listed in this part and report its findings, together with any recommended legislation, to the 2004 Regular Session of the 2003 General Assembly and shall submit a final report to the 2005 Regular Session of the 2005 General Assembly upon its convening.
SECTION 40.2.  Agriculture Commodity Incentives (Albertson) – The Commission may study the possibility of establishing incentive programs to benefit firms purchasing additional large quantities of North Carolina farm commodity products when an overabundance of a specific commodity is designated by the State Department of Agriculture and Consumer Services to be available for sale.
SECTION 40.3.  Food Safety and Security (S.B. 834 – Albertson) – The Commission may study ways to protect the State's food supply system and the agricultural industry base.

PART XXXXI. ELECTION LAWS REVISION COMMISSION (Gulley of Durham)

SECTION 41.1.  There is created an Election Laws Revision Commission.  The Commission shall be composed of 17 members. Twelve members shall be appointed as follows:
(1)	The President Pro Tempore of the Senate shall appoint four members, including at least one county board of elections member, with no more than three of the four affiliated with the same political party. 
(2)	The Speakers of the House of Representatives shall appoint four members, including at least one county elections director, with no more than three of the four affiliated with the same political party.
(3)	The Governor shall appoint four members, including at least one county commissioner and at least one minority‑party member of the State Board of Elections.
The Chair and the Executive Director of the State Board of Elections shall be ex officio members. The State chairs of the three political parties whose nominees for Governor received the largest number of votes in the most recent general election for Governor shall be ex officio members. All members of the Commission, whether appointed or ex officio, shall be voting members.
SECTION 41.2.  The President Pro Tempore of the Senate and the Speakers of the House of Representatives shall each designate a cochair of the Commission from their appointees.
SECTION 41.3.  The Election Laws Revision Commission shall study the following:
(1)	The election laws, policies, and procedures of the State.
(2)	The administration of those laws, policies, and procedures at the State and local levels and the responsibilities of those administrating these laws. 
(3)	The election laws, policies, and procedures of other states and jurisdictions.
(4)	Federal and State case rulings impinging on these laws, policies, and practices.
(5)	Public funding of election campaigns, including the advisability and proper design of a system to allow public funds to be used to support the campaigns of candidates for Governor, Lieutenant Governor, other Council of State officers, and the General Assembly who agree to abide by fund‑raising and spending limits.
(6)	APA exemption for the State Board of Elections.
SECTION 41.4.  The Commission shall prepare and recommend to the General Assembly a comprehensive revision of the election laws of North Carolina that will accomplish the following:
(1)	Remove inconsistencies, inaccuracies, ambiguities, and outdated provisions in the law.
(2)	Incorporate in the law any desirable uncodified procedures, practices, and rulings of a general nature that have been implemented by the State Board of Elections or its Executive Secretary‑Director.
(3)	Conform the statutory law to State and federal case law and to any requirements of federal statutory law and regulation.
(4)	Ensure the efficient and effective administration of elections in this State.
(5)	Continue the impartial, professional administration of elections, which the citizens of the State expect and demand.
(6)	Recodify the election laws, as necessary, to produce a comprehensive, clearly understandable  structure of current North Carolina election law, susceptible to orderly expansion as necessary.
SECTION 41.5.  With the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist in the work of the Election Laws Revision Commission and may provide for additional staffing by the State Board of Elections, Office of the Attorney General, and the Institute of Government.  With prior approval of the State Board of Elections, the Election Laws Revision Commission may hold its meetings in the offices of the State Board. With the prior approval of the Legislative Services Commission, the Election Laws Revision Commission may hold its meetings in the State Legislative Building or the Legislative Office Building. 
SECTION 41.6.  The Commission shall submit a final written report of its findings and recommendations on or before the convening of the 2005 Regular Session of the 2005 General Assembly and may submit a report to the 2004 Regular Session of the 2003 General Assembly.  All reports shall be filed with the President Pro Tempore of the Senate and the Speakers of the House of Representatives, the Principal Clerks of the Senate and the House of Representatives, and the Legislative Librarian.  Upon filing its final report, the Commission shall terminate.
SECTION 41.7.  Members of the Commission shall be paid per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are also members of the General Assembly, at the rate established in G.S. 120‑3.1.
(2)	Commission members who are officials or employees of the State or local government agencies, at the rate established in G.S. 138‑6.
(3)	All other Commission members, at the rate established in G.S. 138‑5.
SECTION 41.8.  All State departments and agencies, local boards of elections, and local governments and their subdivisions shall cooperate with the Commission and, upon request, shall furnish to the Commission and its staff any information in their possession or available to them.
SECTION 41.9.  From funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the expenses of the Election Laws Revision Commission.

PART XXXXII. BILL AND RESOLUTION REFERENCES

SECTION 42.1.  The listing of the original bill or resolution in this act 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.

PART XXXXIII.  EFFECTIVE DATE AND APPLICABILITY

SECTION 43.1.  Except as otherwise specifically provided, this act is effective when it becomes law.  If a study is authorized both in this act and in the Current Operations and Capital Improvements Appropriations Act of 2003, the study shall be implemented in accordance with the Current Operations and Capital Improvements Appropriations Act of 2003 as ratified.