GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 905

HOUSE BILL 1142

 

 

AN ACT AUTHORIZING STUDIES BY THE LEGISLATIVE RESEARCH COMMISSION AND BY THE COMMISSION ON CHILDREN WITH SPECIAL NEEDS AND MAKING TECHNICAL AMENDMENTS RELATING THERETO.

 

The General Assembly of North Carolina enacts:

 

Section 1. The Legislative Research Commission may study the topics listed below.  Listed with each topic is the 1983 bill or resolution that originally proposed the study and the name of the sponsor.  The Commission may consider the original bill or resolution in determining the nature, scope and aspects of the study.  The topics are:

(1)       Continuation of the Study of Revenue Laws (H.J.R. 16 - Lilley); and the ramifications, if enacted, of H.B. 746, Appraisal of Subdivided Tract (Auman) and H.B. 1250, No Intangible Tax/Income Surtax (Auman),

(2)       Continuation of the Study on the Problems of the Aging (H.J.R. 44 - Economos; S.J.R. 16 - Gray),

(3)       Continuation of the Study on Insurance Regulations (H.B. 63 - Seymour) and Insurance Laws and Regulation of Insurance Industry (H.B. 1243 - Hightower),

(4)       Teaching of Computer Literacy in the Public Schools and Community Colleges (H.J.R. 191 - Berry) and the Continuation of Study of College Science Equipment (H.J.R. 898 - Enloe),

(5)       Adequacy of State Management of Large-Scale Land Clearing and Peat Mining (H.J.R. 220 - Evans),

(6)       Adequacy of Existing Water Pollution Control Programs to Improve and Protect Water Quality in the State (H.J.R. 232 - Evans),

(7)       Marketing of Seafood by Fishermen (H.J.R. 896 - Chapin),

(8) Continuation of Study on the Economic Social and Legal Problems and Needs of Women (H.J.R. 904 - Easterling; S.J.R. 329 - Marvin),

(9)       Regulation of Nonpublic and Public Post-Secondary Educational Institutions (Joint Resolution 33 (H.J.R. 988 - Thomas)),

(10)     Readable Insurance Policies (H.B. 1069 - Ballance),

(11)     State Government Risk Management (H.J.R. 1083 - Seymour),

(12)     Biotechnology Development (H.B. 1122 - Etheridge, Bobby and H.J.R. 1282 - Etheridge, Bobby; S.J.R. 620 - Hancock),

(13)     Continuation of Study of the State's Interest in Railroad Property (H.B. 1142 - Hunt),

(14)     Restricting Driving by Minors (H.J.R. 1149 - J. Jordan),

(15)     Health Professionals (H.J.R. 1194 - Diamont),

(16)     Water Quality in Haw River and B. Everett Jordan Reservoir (H.J.R. 1257 - Hackney),

(17)     Regulation of Alcoholic Beverages on State Property (H.J.R. 1292 - Clark),

(18)     Disposition of Animals by Animal Shelters and Pounds (H.J.R. 1309 - Stamey),

(19)     Boards, Commissions, and Councils in the Executive Branch (H.J.R. 1321 - Hunt),

(20)     Feasibility of a Food Distribution Facility on Dix Farm Property in Raleigh (H.J.R. 1334 - James),

(21)     Implementation of Identification and Labelling of Toxic or Hazardous Substances as Proposed by House Bill 1339 (Payne),

(22)     Water Resources Issues Involving North Carolina and Virginia (H.J.R. 1404 - Church),

(23)     Investment Guidelines for Eleemosynary Institutions and Funds (H.J.R. 1423 - Musselwhite),

(24)     Child Support Collection Procedures (H.J.R. 1439 - Easterling; S.J.R. 675 - Woodard, W.),

(25)     Contamination of Unpackaged Foods (H.J.R. 1441 - Stamey),

(26)     Legislative Communications Confidentiality (H.R. 1461 - Miller),

(27)     Continuation of the Study of Information Processing Resources in State Government (S.J.R. 44 - Alford),

(28)     Regulation and Taxation of Banks, Savings and Loans and Credit Unions (S.J.R. 381 - Edwards of Caldwell),

(29)     District Attorney Standards (S.B. 496 - Hipps),

(30)     Cost of Providing Attorneys and Guardians Ad Litem to Indigents (S.J.R. 643 - Swain),

(31)     Public Health Facility Laws (S.J.R. 656 - Hancock), and Review of Certificate of Need Procedures (H.J.R. 1294 - Economos),

(32)     Life Care Arrangements (S.J.R. 657 - Hancock),

(33)     Worthless Checks (S.J.R. 661 - Thomas of Henderson),

(34)     State-owned Rental Housing as contained in Section 2 of this act,

(35)     User Fees at State-owned Facilities, as contained in Section 3 of this act,

(36)     Motorboat Titles and Liability Insurance, as contained in Section 4 of this act,

(37)     Motor Vehicle Inspection Program, as contained in Section 5 of this act,

(38)     Continuation of the Study of Day Care (H.J.R. 594 - Colton),

(39)     Continuation of the Study on Twelfth Grade (H.J.R. 753 - Mauney; S.J.R. 343 - Tally),

(40)     Procedure for Incorporating Municipalities (S.J.R. 445 - J. Edwards),

(41)     Solar Law (S.J.R. 670 - Walker),

(42)     Statutory Liens (S.J.R. 680 - Edwards of Caldwell),

(43)     In-service Training of Teachers in North Carolina History, the American Economic System, Free Enterprise Concepts, and Legal Topics (H.B. 1281 - Foster).

Sec. 2.  State-owned Rental Housing.  (a) The Legislative Research Commission is authorized to conduct a study of all State-owned rental housing during the 1983-84 fiscal year and to recommend a comprehensive statewide rental policy, to be administered by the Department of Administration, to the 1984 Session of the General Assembly.  This study shall be conducted in consultation with the department that owns the housing.  In conducting this study, the Commission shall first determine the amount of nonessential rental housing currently owned by the State using the following criteria:  The geographic location of the State property on which the housing is located and its proximity to alternative privately owned housing; the amount of time that would be required for employees to arrive at the State property on which housing is now located in the event of an emergency; the amount of security necessary for State property that is now being provided by State employees living in State-owned rental housing; and any other benefits to the State for employees to occupy said housing:  The Commission shall recommend the disposition of nonessential rental property by one of three means:  sale of the housing and property on which it is located; sale of the housing unit only with the stipulation that the house be removed from State property; and conversion of the housing unit to an alternative use.

(b)       It is the policy of the State of North Carolina that the State provide rental housing only in cases in which an essential State purpose is served. Nothing in these sections shall be construed to mean that State departments may not continue to divest themselves of nonessential rental housing during the course of the Legislative Research Commission study.

Sec. 3.  User Fees.  The Legislative Research Commission is authorized to study the potential for user charges and admission fees at State-owned cultural, recreational and historical facilities.  The study may cover museums, historic sites, marine resource centers as well as other facilities.  The Legislative Research Commission may make an interim report to the 1984 Regular Session of the 1983 General Assembly and may make a final report to the 1985 General Assembly.

Sec. 4.  Motorboat Titles and Liability Insurance.  The Legislative Research Commission of the General Assembly is authorized to study the issue of motorboat titles and liability insurance.  The study may include start-up and administrative costs, potential revenues, phase-in plans, financial institution requirements, etc.  The Commission may report to the 1984 Session.

Sec. 5.  Motor Vehicle Inspection Program Study.  The Legislative Research Commission may study the effectiveness of the motor vehicle inspection program required by Article 3A of Chapter 20 of the General Statutes.  The study may consider, among other aspects, the impact on highway safety, cost effectiveness of the program, and probable impact of eliminating part or all of the program.

Sec. 6.  For each of the topics the Legislative Research Commission decides to study, the Commission may report its findings, together with any recommended legislation, to the 1984 Session of the General Assembly or to the 1985 General Assembly, or the Commission may make an interim report to the 1984 Session and a final report to the 1985 General Assembly.

Sec. 7.  G.S. 120-30.17 is amended by adding two new subsections to read:

"(7)      to obtain information and data from all State officers, agents, agencies and departments, while in discharge of its duty, pursuant to the provisions of G.S. 120-19 as if it were a committee of the General Assembly.

(8)       to call witnesses and compel testimony relevant to any matter properly before the Commission or any of its committees. The provisions of G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Commission and its committees as if each were a joint committee of the General Assembly. In addition to the other signatures required for the issuance of a subpoena under this subsection, the subpoena shall also be signed by the members of the Commission or of its committee who vote for the issuance of the subpoena."

Sec. 8.  Section 1 of Chapter 1372, Session Laws of 1981, is amended by deleting "as authorized in Section 2 of Resolution 61, Session Laws of 1981".

Sec. 9.  Section 1(3) of Chapter 1372, Session Laws of 1981, is amended by deleting "1983 Session", and inserting in lieu thereof "1983 and 1985 Sessions".

Sec. 10.  G.S. 124-5 is amended by deleting "June 1, 1983", and inserting in lieu thereof "the date of convening of the 1985 Regular Session of the General Assembly".

Sec. 11.  The last sentence of G.S. 124-5 is amended by deleting "11-month period", and inserting in lieu thereof "period ending on convening of the 1985 Regular Session."

Sec. 12.  Deaf/Blind School Move-Commission on Children with Special Needs.  (a)  The Commission on Children with Special Needs, established by Article 12 of Chapter 120 of the General Statutes, may study the issue of transferring the State schools for the Deaf and the Governor Morehead School for the Blind to the jurisdiction of the State Board of Education.

(b)       The Commission may make a final report to the Second Session of the 1983 General Assembly. (H.J.R. 246 - Fenner)

Sec. 13.  Bills and Resolution References.  The listing of the original bill or resolution in this act is for references purposes only and shall not be deemed to have incorporated by reference any of the substantive provisions contained in the original bill or resolution.

Sec. 14.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1983.