NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 851

HOUSE BILL 296

 

 

AN ACT TO DIRECT THE LEGISLATIVE RESEARCH COMMISSION TO STUDY VARIOUS MATTERS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  The Legislative Research Commission is directed to study the following issues, designing the individual study efforts as described in the other sections of this act:

(1)        Services for the blind (H. 296);

(2)        The office of magistrate (H. 720) ;

(3)        Land records information systems (H. 785);

(4)        North Carolina laws on sex discrimination (H. 845, S. 668);

(5)        Problems in foreclosure law (H. 893);

(6)        Fire and casualty insurance rate regulation (H. 1214);

(7)        State licensing boards (H. 1223);

(8)        Need for compensation of victims of crimes (H. 1202);

(9)        Means to increase the level of professionalism and efficiency of local building inspectors (S. 325);

(10)      The effect of the tax-exempt status of State-owned property upon local government revenue (S. 765); and

(11)      The possibility of State operation of a fisheries training vessel program (S. 855);

(12)      Emergency Medical Care and Services;

(13)      The operation of the North Carolina Department of Correction's Prison Enterprises Division (H. 1265, S. 806);

(14)      Programs available to females committed to the Department of Correction (H. 20, S. 24);

(15)      The need for an actuarial services division within the Department of State Treasurer (H. 331);

(16)      The feasibility of using inmate labor in Department of Correction construction (S. 606);

(17)      The problems of the hearing aid business (S. 630);

(18)      The relationship between the Division of Community Colleges and the State Department of Public Instruction (S. 909);

(19)      The problem of sexual assaults in North Carolina (H. 816); and

(20)      The funding, benefits, and operations of the Retirement System (H. 994).

Sec. 2.  In its study of services for the blind the Legislative Research Commission shall inquire into the responsibilities for services to the blind of North Carolina, and the current operating practices of the North Carolina Department of Human Resources and North Carolina Library for the Blind and Physically Handicapped. The study shall embrace: (1) present services to the blind, (2) ways of achieving greater effectiveness in rendering services, and (3) possible expansion and strengthening quality of services to the blind.

Sec. 2.5.  In its study of emergency medical care and services the Legislative Research Commission shall inquire into training, standards, examination, qualifications and other pertinent areas of emergency medical care and services, and a special subcommittee shall be authorized consisting of six persons named by the Speaker of the House of which three shall be members of the House and three shall be public members who are interested in the problem of emergency medical care; and six persons named by the Lt. Governor of which three shall be members of the Senate and three shall be public members who are interested in the problem of emergency medical care.

Sec. 3.  In its study of the office of magistrate the Legislative Research Commission shall examine the office of magistrate in North Carolina, including, but not restricted to, the method of appointment, compensation, and criteria by which allocation of magistrates are determined for each county.

Sec. 4.  In its study of land records information systems in North Carolina the Legislative Research Commission shall investigate and review the land records information systems of the State and make recommendations concerning ways of modernizing them and making them more uniform. The Legislative Research Commission shall include in its study an inquiry into the following issues: (1) Should there be created a State registrar's office to perform a role with regard to the registers of deeds similar to that performed by the Administrative Officer of the Court with regard to the clerks of superior court. (2) Should the assignment of land parcel identifiers and the creation of land parcel identifier indexes be required. (3) What arrangements can be made to provide automated data processing services to counties that desire them but do not have them available. (4) What should the role of land title registration be in a system of modernized land records. (5) How should the modernization of land records be financed. (6) If a decision is made to establish a system of land records using parcel identifiers, parcel identifier indexes, and computerization, what statutory revisions must be made to facilitate conversion to this system. (7) In establishing a modernized land records system, what changes need to be made in records that make claims against land but are filed against persons, rather than against particular parcels of land. (8) Should land records and land information, whether stored in a computer, on microfilm, or in books, be available from a single county office. (9) What statutory revisions are needed to improve land records systems exclusive of those necessary to implement a computerized system based upon parcel identifiers. (10) What statutory revisions are needed to increase statewide uniformity of land records systems.

Sec. 5.  In its study of sexual discrimination in North Carolina laws and practices the Legislative Research Commission shall examine North Carolina laws and practices, including the General Statutes, case law, customs and regulations of the various branches of State government; the studies shall examine these laws and practices as they relate to a specific sex, as they may deny equality of rights under the laws of this State, and as they might be modified by the possible passage of the Equal Rights Amendment to the Constitution of the United States. The Legislative Research Commission shall also study the desirability of enacting the legislation contained in Senate Bill 813 from the 1975 Session, or the enactment of similar legislation that would establish a fair employment opportunity commission in North Carolina with powers and duties designed to eliminate discrimination based upon race, color, religion, national origin, ancestry, age, or sex.

Sec. 6.  In its study of the problems in North Carolina's statutory treatment of foreclosure the Legislative Research Commission shall examine the North Carolina General Statutes and applicable case law concerning: (1) foreclosure of real and personal property, and (2) lien laws and other statutes allowing the taking, sale, or other disposal of property, both real and personal.

Sec. 7.  In its study of fire and casualty insurance rate regulation the Legislative Research Commission shall have the responsibility to make a thorough and comprehensive study of all aspects of fire and casualty insurance rate regulation in North Carolina and in other states in the Union. In conducting its studies the Legislative Research Commission shall evaluate and report on the system of prior approval rate making as used in this State and other states and shall compare the effectiveness and rate impact of the practices and procedures utilized in this State as compared with other states. In addition, the Legislative Research Commission shall evaluate and report on the rate impact of other systems of rate making including but not limited to (1) file and use rate making and (2) open competition rate making and (3) rate making utilizing the concept of return on invested capital. The Legislative Research Commission shall further evaluate the advantages and disadvantages of establishing an insurance commission consisting of three or more members with adequate supporting staff which shall be invested with the authority to determine and fix fire and casualty rates for use in North Carolina.

Sec. 8.  In its study of State licensing boards the Legislative Research Commission shall:

(1)        Look into the present law in North Carolina and compare North Carolina law and practice with that in other states;

(2)        Inquire into the proper makeup of licensing boards;

(3)        Determine whether there is any misuse of funds by licensing boards;

(4)        Determine whether licensing boards are unduly restricting entry into their respective professions; and

(5)        Seek information on how to get more people into needed professions.

Sec. 9.  In its study of the need for compensation of victims of crimes the Legislative Research Commission shall analyze all problems surrounding the establishment of a plan by which victims of crimes committed within North Carolina might be compensated for the injuries that they sustain. The Legislative Research Commission is specifically directed to study the following areas:

(1)        the types of crimes and of injuries for which compensation should be awarded;

(2)        the experience of other jurisdictions in administering similar programs, the problems that these jurisdictions have encountered and the cost of such programs;

(3)        whether such a program should be administered separately or under the auspices of an existing State department or agency;

(4)        the estimated cost of administration of a program and of awarding compensation under it; and

(5)        any actual or potential sources of aid either federal or otherwise to help this State defray the costs of such a program.

Sec. 10.  In its study of means to increase the level of professionalism and efficiency of local building inspectors the Legislative Research Commission shall include an examination of training opportunities, expanded technical assistance from State agencies, improved compensation, joint organizational arrangements, advisory services, and intergovernmental grant programs.

Sec. 11.  In its study of the effect of tax-exempt State-owned property upon local governmental revenue the Legislative Research Commission shall look at the relationship between State and local governments regarding the exemption of State-owned real property from ad valorem taxation, including the nature and extent of acquisition of real property by the State within the last decade, the effect of tax exemption upon local tax revenues, and the cost of local government services that benefit State-owned real property.

Sec. 11.1.  In its study of the fisheries training vessel issue the Legislative Research Commission shall have the following responsibilities:

(1)        To determine the need for training vessels: to determine the number and kinds of vessels necessary to provide North Carolina's students of vocational fisheries the highest educational, training and experience opportunities; to determine the optimum navigation, safety, propulsion and fishing equipment for each class of vessel, and to make recommendations to the General Assembly and the State Board of Education.

(2)        To investigate sources of funding for obtaining and equipping training vessels, and to make recommendations to appropriate agencies that they seek funds.

(3)        To establish criteria for dockage, scheduling, maintenance, ownership, insuring, operating and financing for the efficient prosecution of the Vocational Fisheries Program, and to recommend these criteria to the State Board of Education.

(4)        To recommend an administrative structure or organization or agency to direct and manage the training vessel program for maximum training opportunities for vocational fisheries students.

(5)        To examine the motor pool approach to State-owned vessels where all departments would have access to some use of vessels now under exclusive departmental control.

Sec. 11.2.  In its study of programs available to females committed to the Department of Correction the Legislative Research Commission shall evaluate the educational, vocational, and rehabilitative programs available to females committed to the custody of the Department of Correction, and recommend possible improvements and additions to these programs.

Sec. 11.3.  In its study of the need for the creation of a Division of Actuarial Services within the Department of the State Treasurer the Legislative Research Commission shall look into the availability, quality, use and costs of the actuarial services furnished by private business to those agencies of the State requiring these services.

Sec. 11.4.  In its study of the feasibility of using inmate labor in Department of Correction construction the Legislative Research Commission shall look into either construction of new facilities or conversion or expansion of existing facilities being undertaken to the maximum extent feasible utilizing such inmate labor as may be available and fit for such work, contingent upon the availability of funds. If appropriate, the Commission report shall propose a comprehensive master plan for future construction. If the Commission should determine that construction of campus type facilities using inmate labor would be feasible and beneficial, special attention should be given to the development of an appropriate system to provide inmate incentives which might include:

(1)        Review of the incentive wage provisions of G.S. 148-18,

(2)        Review of good time credit as provided in G.S. 148-13,

(3)        Special work release consideration for exemplary work performance, and

(4)        Development of any other rewards or incentives that may seem to be desirable.

Sec. 11.5.  In its study of the problems of the hearing aid business the Legislative Research Commission shall look into the manufacture, distribution, sale and repair of hearing aids.

Sec. 11.6.  In its study of the relationship between the Division of Community Colleges and the State Department of Public Instruction the Legislative Research Commission shall produce recommended legislation that will clearly define, by statute, the relationship between the Division of Community Colleges and the Department of Public Instruction and suggest any other appropriate adjustments.

Sec. 11.7.  In its study of the problem of sexual assaults the Legislative Research Commission shall undertake:

(1)        An analysis of statistics of reported rapes and the ultimate disposition of these cases,

(2)        An examination of the reasons rape cases are not reported or not prosecuted,

(3)        A follow-up study of the long-term impact of the crime upon rape victims, and

(4)        An examination of the social and psychological profile of the rapist to aid in the development of appropriate sanctions and programs for rehabilitation.

The Commission shall also review the North Carolina criminal code, examine pertinent court procedures and develop recommendations for revision of those statutory provisions and procedural policies it deems appropriate. The Commission shall further develop recommendations for implementation and funding for:

(1)        Such programs as it finds necessary to train criminal justice, emergency room, crisis intervention center and rape crisis center personnel in appropriate techniques in the investigation and counseling of the rape victim, and

(2)        Programs for education of the public in rape prevention.

Sec. 11.8.  In its study of the Retirement System the Legislative Research Commission shall look into the many questions that have developed among members of the General Assembly concerning the financing of the Teachers' and State Employees' Retirement System and the Local Governmental Retirement System, and the Commission shall study the financing, the benefits and the operation of the retirement systems. The Commission shall further examine:

(1)        Providing a permanent plan for maintaining the relative adequacy of benefits for retired employees;

(2)        A comparison of our benefit structure with those of other jurisdictions; and

(3)        A determination of the advisability of combining the administration and actuarial services for all the retirement systems financed in whole or in part by State funds.

Sec. 12.  The Co-chairmen of the Legislative Research Commission are authorized to appoint additional members of the General Assembly to study committees to assist the regular members of the Research Commission in conducting these studies, and they are authorized to appoint members of the public to advisory subcommittees. The President Pro Tempore of the Senate shall consult with the President of the Senate when he considers these additional appointments.

Sec. 13.  For the purpose of producing the studies directed by this act and other expressions by the General Assembly, one hundred thousand dollars ($100,000) is appropriated for use during the 1975-76 and 1976-77 fiscal years by the Legislative Research Commission. This appropriation shall be in addition to any other appropriation to the use of the Legislative Research Commission, and any amount not expended in the first fiscal year 1975-76 shall be available to the Research Commission in the second year 1976-77.

Sec. 14.  In its study of the operation of the North Carolina Department of Correction's Prison Enterprises Division, the Legislative Research Commission shall include an investigation of Prison Enterprises' relationship to privately operated businesses, of the management goals of the Department of Correction in this division, and of the attitudes of private business interest in competition with Prison Enterprises.

Sec. 15.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of June. 1975.