GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 792

HOUSE BILL 344

 

AN ACT TO CREATE AND CONTINUE VARIOUS COMMITTEES AND COMMISSIONS, TO MAKE APPROPRIATIONS THEREFOR, AND TO AMEND STATUTORY LAW.

 

The General Assembly of North Carolina enacts:

 

Section 1.  This act shall be known as "The Independent Study Commissions and Committees Act of 1985."

 *****

An outline of the provisions of the act follows this section. The outline shows the heading "---CONTENTS/INDEX---" and lists by general category the descriptive captions for the various sections and groups of sections that compile the act.

 ---CONTENTS/INDEX---

This outline is designed for reference only, and the outline and the corresponding entries throughout the act in no way limit, define, or prescribe the scope or application of the text of the act. The listing of the original bill or resolution in the outline of this act is for reference purposes only and shall not be deemed to have incorporated by reference any of the provisions contained in the original bill or resolution. PART I.---SIMPLIFIED BUSINESS LICENSING STUDY COMMISSION

(H.B. 930 - Lancaster).

Sec. 2.1

Sec. 2.2

Sec. 2.3

Sec. 2.4

Sec. 2.5

Sec. 2.6

Sec. 2.7 PART II.---STATE CONTROLLER STUDY COMMISSION

(H.B. 1051 - Nesbitt).

Sec. 3.1

Sec. 3.2

Sec. 3.3

Sec. 3.4

Sec. 3.5

Sec. 3.6

Sec. 3.7 PART III.---ENTERPRISE ZONE-VENTURE CAPITAL STUDY COMMISSION

(H.B. 929 - Lancaster).

Sec. 4.1

Sec. 4.2

Sec. 4.3

Sec. 4.4

Sec. 4.5

Sec. 4.6

Sec. 4.7 PART IV.---HOUSING TRUST FUND STUDY COMMISSION

(S.B. 683 - Rand).

Sec. 5.1

Sec. 5.2

Sec. 5.3

Sec. 5.4

Sec. 5.5

Sec. 5.6

Sec. 5.7

Sec. 5.8 PART V.---INDIGENT HEALTH CARE STUDY COMMISSION

(S.B. 417 - Rand).

Sec. 6.1

Sec. 6.2

Sec. 6.3

Sec. 6.4

Sec. 6.5

Sec. 6.6

Sec. 6.7

Sec. 6.8

Sec. 6.9

Sec. 6.10

Sec. 6.11 PART VI.---INSURANCE LAWS STUDY COMMISSION

(H.B. 875 - Hasty).

Sec. 7.1

Sec. 7.2

Sec. 7.3

Sec. 7.4

Sec. 7.5

Sec. 7.6 PART VII.---LIABILITY AND PROPERTY INSURANCE MARKETS  STUDY COMMISSION

(H.B. 763 - Hasty).

Sec. 8.1

Sec. 8.2

Sec. 8.3

Sec. 8.4

Sec. 8.5 PART VIII.---JUVENILE LAW STUDY COMMISSION

(H.B. 70 - Barnes).

Sec. 9 PART IX.---MENTAL HEALTH STUDY COMMISSION

(S.B. 84 - Hardison).

Sec. 10.1

Sec. 10.2

Sec. 10.3

Sec. 10.4

Sec. 10.5

Sec. 10.6

Sec. 10.7 PART X.---STATE PARKS AND RECREATION AREAS STUDY COMMISSION

(H.B. 345 - N.J. Crawford).

Sec. 11.1

Sec. 11.2

Sec. 11.3

Sec. 11.4

Sec. 11.5

Sec. 11.6

Sec. 11.7 PART XI.---PROPERTY TAX SYSTEM STUDY COMMITTEE

(H.B. 420 - McAlister).

Sec. 12.1

Sec. 12.2

Sec. 12.3

Sec. 12.4

Sec. 12.5

Sec. 12.6

Sec. 12.7

Sec. 12.8 PART XII.---RAILROAD NEGOTIATING COMMISSION

(H.B. 344 - Hunt).

Sec. 13.1

Sec. 13.2

Sec. 13.3

Sec. 13.4

Sec. 13.5

Sec. 13.6

Sec. 13.7

Sec. 13.8

Sec. 13.9

Sec. 13.10

Sec. 13.11

Sec. 13.12

Sec. 13.12

Sec. 13.13

Sec. 13.14

Sec. 13.15

Sec. 13.16

Sec. 13.17

Sec. 13.18

Sec. 13.19

Sec. 13.20

Sec. 13.21

Sec. 13.21

Sec. 13.22

Sec. 13.23

Sec. 13.24

Sec. 13.25

Sec. 13.26 PART XIII.---STATE-OWNED PROPERTY STUDY COMMITTEE

(H.B. 1283 - Evans).

Sec. 14.1

Sec. 14.2 PART XIV.---CAFETERIA-STYLE BENEFITS STUDY COMMISSION

(S.B. 646 - Tally).

Sec. 15.1

Sec. 15.2

Sec. 15.3

Sec. 15.4

Sec. 15.5 PART XV.---DEPARTMENT OF TRANSPORTATION STUDY COMMITTEE

(H.J.R. 63 - Barbee).

Sec. 16.1

Sec. 16.2

Sec. 16.3 PART XVI.---PUBLIC SCHOOL CALENDAR STUDY COMMISSION

Sec. 17 PART XVII.---STATE GOVERNMENT COMPLEX STUDY COMMISSION

(H.J.R. 966 - Watkins).

Sec. 18.1

Sec. 18.2

Sec. 18.3

Sec. 18.4

Sec. 18.5

Sec. 18.6 PART XVIII.---MEDICAL MALPRACTICE AND MEDICAL  LIABILITY STUDY COMMISSION

(S.B. 703 - Taft, H.B. 1166 - Miller).

Sec. 19.1

Sec. 19.2

Sec. 19.3

Sec. 19.4

Sec. 19.5

Sec. 19.6 PART XIX.---COMMISSION ON AGRICULTURE, FORESTRY, AND SEAFOOD  AWARENESS

(H.B. 871 - James).

Sec. 20.1

Sec. 20.2 PART XX.---EFFECTIVE DATE

Sec. 21 PART I.---SIMPLIFIED BUSINESS LICENSING STUDY COMMISSION.

Sec. 2.1.  The Simplified Business Licensing Study Commission is created.  The Commission shall consist of 12 members:  four Senators appointed by the President of the Senate; four Representatives appointed by the Speaker of the House; and four representatives of the business community, two appointed by the President of the Senate and two appointed by the Speaker of the House.  All initial appointments shall be made by August 1, 1985.  Vacancies on the Commission shall be filled in the same manner as initial appointments.

Sec. 2.2.  The President shall designate one Senator as cochairman and the Speaker shall designate one Representative as cochairman.  The cochairmen shall call the initial meeting of the Commission.

Sec. 2.3.  The Commission shall study the current system of issuing business licenses and the advisability of creating a business license center to provide a convenient and accessible one-stop system for the business community to acquire and maintain the necessary State licenses to do business.

Sec. 2.4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1987 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.

Sec. 2.5.  Upon the 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 House and Senate supervisors of clerks. The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may meet in the Legislative Building or the Legislative Office Building, upon the approval of the Legislative Services Commission.

Sec. 2.6.  Members of the Commission shall be paid subsistence and travel allowances as follows:

(1)       Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;

(2)       Commission members who are also officials or employees of the State at the rate established in G.S. 138-6;

(3)       All other Commission members at the rate established in G.S. 138-5.

Sec. 2.7.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1985-86 the sum of fifteen thousand dollars ($15,000) to fund the Commission created by this Part. PART II.---STATE CONTROLLER STUDY COMMISSION.

Sec. 3.1.  There is created a State Controller Study Commission consisting of 10 members, appointed as follows:  five members of the Senate appointed by the President of the Senate and five members of the House of Representatives appointed by the Speaker of the House of Representatives.  Members shall be compensated in accordance with G.S. 120-3.1.

Sec. 3.2.  The President of the Senate and the Speaker of the House of Representatives shall each designate a cochairman from their appointees to the State Controller Study Commission. The cochairmen shall jointly call the first meeting.

Sec. 3.3.  The Legislative Services Office shall provide staff as needed and the Department of State Auditor and State Budget Office will provide information as needed.

Sec. 3.4.  The State Controller Study Commission will study the fiscal and accounting functions of the State Accounting System and establishment of a State Controller to assure continued, consistent, uniform application of generally accepted accounting principles throughout the State entity.  The Commission shall determine what authority and responsibilities each central agency currently has for the State Accounting System and the advantages and benefits of consolidating existing authority under one management.  The Commission shall study any accounting system operated, used, or otherwise maintained by any State agency or department, regardless of the source of funding, for the purpose of evaluating the feasibility of establishing a State Controller to oversee the accounting functions of the State government.

Sec. 3.5.  The Commission may meet in the Legislative Office Building or the Legislative Building.

Sec. 3.6.  The Commission shall provide an interim report to the Governmental Operations Commission and a final report to the 1987 Session of the General Assembly.

Sec. 3.7.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1985-86 the sum of twenty thousand dollars ($20,000) to implement this Part. PART III.---ENTERPRISE ZONE-VENTURE CAPITAL STUDY COMMISSION.

Sec. 4.1.  The Enterprise Zone-Venture Capital Study Commission is created.  The Commission shall consist of 12 members:  four Senators appointed by the President of the Senate; four Representatives appointed by the Speaker of the House; and four representatives of the business community, two appointed by the President of the Senate and two appointed by the Speaker of the House.  All initial appointments shall be made by August 1, 1985.  Vacancies on the Commission shall be filled in the same manner as initial appointments.

Sec. 4.2.  The President shall designate one Senator as cochairman and the Speaker shall designate one Representative as cochairman.  The cochairmen shall call the initial meeting of the Commission.

Sec. 4.3.  The Commission shall study the establishment of a system of enterprise zones in North Carolina; the need to establish a program to stimulate and supplement the flow of private equity capital to businesses in the State; whether it would be appropriate and beneficial for the State to create a quasi-public corporation to provide capital for private business ventures; and any other means to encourage the expansion of existing industry and the construction of new industries.

Sec. 4.4.  The Commission shall submit a final report of its findings and recommendations to the General Assembly on or before the first day of the 1987 Session of the General Assembly by filing the report with the President of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.

Sec. 4.5.  Upon the approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist in the work of the Commission. Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.  The Commission may meet in the Legislative Building or the Legislative Office Building, upon the approval of the Legislative Services Commission.

Sec. 4.6.  Members of the Commission shall be paid subsistence and travel allowances as follows:

(1)       Commission members who are also General Assembly members at the rate established in G.S. 120-3.1;

(2)       Commission members who are also officials or employees of the State at the rate established in G.S. 138-6;

(3)       All other Commission members at the rate established in G.S. 138-5.

Sec. 4.7.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1985-86 the sum of twenty-five thousand dollars ($25,000) to fund the Commission.  The Legislative Services Commission may allocate to the Commission funds necessary to enable the Commission to complete its study. PART IV.---HOUSING TRUST FUND STUDY COMMISSION.

Sec. 5.1.  The North Carolina Housing Trust Fund Study Commission is hereby created.

Sec. 5.2.  Duties of the Commission.  The Commission shall:

(a)       Investigate the feasibility of establishing a North Carolina Housing Trust Fund, as outlined in Senate Bill 683 introduced in the 1985 Session of the General Assembly, including an estimate of potential revenues, market practices related to real estate related escrow deposits, and applicable laws and regulations governing the disposition of interest earnings on real estate related deposits. The scope of the study shall include, but not be limited to, real estate related sale escrow deposits, mortgage escrow deposits and tenant security deposits;

(b)       Investigate other sources of revenue to address the low income housing needs in North Carolina;

(c)       Document housing needs in North Carolina for low and very low income families;

(d)       Recommend viable uses of revenues that could be generated by a North Carolina Housing Trust Fund that would expand and preserve the supply of housing available and affordable to low and very low income families in the State; and

(e)       Recommend a plan for administering the Trust Fund.

Sec. 5.3.  Organization of the Commission.

(a)       The Commission shall consist of nineteen members.

The State Treasurer, the Secretary of the Department of Natural Resources and Community Development and the Director of the North Carolina Housing Finance Agency shall serve ex officio. The President of the Senate shall appoint eight members, including two members of the Senate, one representative of the commercial banking industry, one representative of the homebuilding industry, one licensed real estate broker, one representative of the savings and loan industry, one low income housing advocate, and one member of the North Carolina Housing Commission. The Speaker of the House of Representatives shall appoint eight members, including two members of the House of Representatives, one representative of the residential rental property industry, one person not associated with the housing industry, one representative of the League of Municipalities, one member of the mortgage banking industry, one resident of low-income housing, and one subsidized housing specialist.

(b)       If a vacancy occurs in the membership of the Commission, it shall be filled by action of the officer who appointed the former member who is to be replaced.

(c)       The members of the Commission shall be appointed within 30 days of ratification of this act and they shall serve until termination of the Commission.

(d)       The President of the Senate and the Speaker of the House of Representatives shall appoint a cochairman each from among the membership of the Commission, but no ex officio member of the Commission may serve as a cochairman.

Sec. 5.4.  The Initial Meeting.  The initial meeting of the Commission shall be called by the cochairman.  Subsequent meetings shall be held upon the call of the cochairman or upon written request of five (5) members.

Sec. 5.5.  Reports by the Commission.  The Commission shall file its report with the President of the Senate and the Speaker of the House of Representatives by February 1, 1987.  The report of the Commission shall summarize the information obtained in the course of its inquiry, set forth any findings and conclusions, and recommend such administrative actions or legislative actions that may be necessary to implement the Housing Trust Fund.  If legislation is recommended, the Commission shall prepare and submit with its report appropriate bills.  Upon termination of the Commission, the cochairmen shall transmit to the Legislative Library for preservation the records and papers of the Commission.  The Commission shall terminate upon the filing of its report.

Sec. 5.6.  Staff Support.  With the prior approval of the Legislative Services Commission, necessary professional and clerical assistance shall be provided by the Legislative Services Office.  The Commission may hold its meetings in legislative buildings with prior approval from the Legislative Services Commission.  The Commission may also enter into contracts for the provision of technical assistance it finds necessary for the performance of its responsibilities under this Part.

Sec. 5.7.  Expenses of Commission.  Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1.  Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6.  All other members of the Commission shall be paid the per diem and allowances at the rates set forth in G.S. 138-5.

Sec. 5.8.  Appropriations to the Commission.  There is appropriated from the General Fund to the Legislative Services Commission for the Housing Trust Fund Study Commission the sum of fifteen thousand dollars ($15,000) for fiscal year 1985-86, and the sum of fifteen thousand dollars ($15,000) for fiscal year 1986-87.  These funds shall be used in the performance of the duties set forth in this Part. PART V.---INDIGENT HEALTH CARE STUDY COMMISSION.

Sec. 6.1.  There is created the Indigent Health Care Study Commission.

Sec. 6.2.  Duties of the Commission.  The Commission shall study the issues of access to and financing of health care services for North Carolinians who are unable to pay for their medical care.  Among the issues to be examined by the Commission are the following:

(1)       Who are the medically indigent, including an examination of the uninsured and the underinsured?

(2)       What barriers, if any, do the medically indigent face in receiving timely and cost-effective health care under the current health care system?

(3)       What effect will the trend toward prospective reimbursement in a more competitive health care environment have on the ability of health care providers to deliver health care to uninsured or underinsured citizens?

(4)       Who currently pays for the health care provided to the medically indigent? What is the distribution of the financial burden of providing health care to the medically indigent among hospitals, physicians, HMOs, counties, third-party insurers, employers, the State of North Carolina, the federal government and the medically indigent?

(5)       What is the current extent of State and local responsibility for providing health care to the medically indigent? and

(6)       What are the different options for financing and delivering health care to the medically indigent?

Sec. 6.3.  The Commission shall consist of 14 members, as follows:

(1)       The Secretary of the Department of Human Resources shall serve ex officio;

(2)       The Insurance Commissioner shall serve ex officio;

(3)       Two members of the House of Representatives appointed by the Speaker of the House;

(4)       Two members of the Senate appointed by the President of the Senate;

(5)       One hospital administrator appointed by the Governor;

(6)       One representative of county government and one county public health director appointed by the Speaker of the House;

(7)       One medical physician who provides a substantial amount of health care to indigents, appointed by the Governor;

(8)       One representative of a health insurance company providing a substantial number of North Carolina citizens with health insurance and one licensed nurse appointed by the President of the Senate;

(9)       One advocate for low income people who is familiar with indigent health care issues to be appointed by the Speaker of the House; and

(10)     One representative from the business community to be appointed by the President of the Senate.

Any vacancy shall be filled by the appointing authority who appointed the person causing the vacancy. All initial appointments shall be made within one calendar month from the effective date of this Part.

Sec. 6.4.  The Commission shall have its initial meeting no later than September 15, 1985, at the call of the President of the Senate and Speaker of the House.  The President of the Senate and the Speaker of the House of Representatives shall appoint a cochairman each from the membership of the Commission.  The Commission shall meet upon the call of the cochairmen.

Sec. 6.5.  The Commission members shall receive no salary for serving on the Commission but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120-3.1, G.S. 138-5 and G.S. 138-6, as applicable.

Sec. 6.6.  The Commission may hold public meetings across the State to solicit public input with respect to the issues of access to and financing of health care services to the medically indigent.

Sec. 6.7.  The Commission shall have the authority to obtain information and data from all State officers, agents, agencies and departments, while in discharge of its duties, pursuant to the provisions of G.S. 120-19 as if it were a committee of the General Assembly.  The Commission shall also have the authority to call witnesses, compel testimony relevant to any matter properly before the Commission, and subpoena records and documents, provided that any patient record shall have patient identifying information removed.  The provisions of G.S. 120-19.1 through G.S. 120-19.4 shall apply to the proceedings of the Commission as if it were a joint committee of the General Assembly.  In addition to the other signatures required for the issuance of a subpoena under this section, the subpoena shall also be signed by the cochairmen of the Commission.  Any cost of providing information to the Commission not covered by G.S. 120-19.3 may be reimbursed by the Commission from funds appropriated under Section 6.9 of this Part.

Sec. 6.8.  The Commission shall report to the General Assembly and the Governor the results of its study and recommendations.  The final report shall be submitted during the 1987 Session of the General Assembly.

Sec. 6.9.  There is appropriated from the General Fund to the Legislative Services Commission the sum of twenty-five thousand dollars ($25,000) for the 1985-86 fiscal year to fund the study authorized by this Part.

Sec. 6.10.  At the request of the Commission, the Legislative Services Commission may supply members of the staff of the Legislative Services Office and clerical assistance to the Commission as it deems appropriate.

Sec. 6.11.  The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building. PART VI.---INSURANCE LAWS STUDY COMMISSION.

Sec. 7.1.  The General Assembly finds and declares that:

(a)       The North Carolina Commissioner and Department of Insurance are charged by statute with the responsibility of oversight and regulation of insurance companies, associations, agents, and rating organizations that are under the jurisdiction of the State of North Carolina.

(b)       The Commissioner and Department of Insurance have responsibilities to promulgate rules to effectively administer the insurance statutes and fairly regulate the business of insurance in North Carolina.

(c)       The scope of the responsibilities of the Commissioner and Department of Insurance has grown significantly in recent years.

(d)       There have been problems in the construction, interpretation, and understanding of the insurance statutes of this State, many of which have been described by the Supreme Court of North Carolina as "confusing and unwieldly".

Sec. 7.2.  There is created the North Carolina Insurance Regulation Study Commission, hereinafter referred to as the Commission.  The Commission shall consist of 12 members, appointed as follows:

(a)       The Commissioner of Insurance shall appoint four members: two of whom shall be members of the general public, one of whom shall be a property and casualty insurance agent duly licensed by the State of North Carolina, and one of whom shall be a representative of a property and casualty insurer duly licensed to transact the business of insurance in this State.

(b)       The Speaker of the House shall appoint four members: three of whom shall be members of the North Carolina House of Representatives, and one of whom shall be a property and casualty insurance agent duly licensed by the State of North Carolina, who may also be a member of the North Carolina House of Representatives.

(c)       The President of the Senate shall appoint four members: three of whom shall be members of the North Carolina Senate, and one of whom shall be a representative of a property and casualty insurer duly licensed to transact the business of insurance in this State, who may also be a member of the North Carolina Senate.

In the event of any vacancy, the appropriate appointing authority shall appoint a replacement to serve the remainder of the unexpired term. Legislative members of the Commission shall be paid subsistence and mileage allowances authorized by G.S. 120-3.1 for services on the Commission when the General Assembly is not in session. Other members of the Commission shall be paid the per diem and allowances authorized by G.S. 138-5. The President of the Senate and Speaker of the House of Representatives shall appoint a cochairman each from the Commission's membership.

Sec. 7.3.  The Commission is authorized to review and analyze:

(a)       The various systems or methods of property and liability insurance regulation in this State and in other states, including the licensing of insurers, agents, brokers, and adjusters; regulation of premium rates, policy forms, and classifications; financial regulation of insurers; residual and substandard insurance markets; and the impact on the property and liability insurance market caused by the integration of the components of the financial services industry: banking, securities, and insurance.

(b)       The form, style, and intelligibility of the North Carolina General Statutes concerning property and liability insurance and the manners in which such statutes can be rewritten and recodified to improve them in this regard.

Sec. 7.4.  With the prior approval of the Legislative Services Commission, the Commission may meet in the State Legislative Building or Legislative Office Building and utilize the services of the staffs of the Legislative Services Office. The Commission may utilize the staff of the Department of Insurance.  The Commission may also employ additional clerical and professional staff in carrying out the provisions of this Part.

Sec. 7.5.  The Commission shall submit its report to the 1987 General Assembly on its convening date.

Sec. 7.6.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal years 1985-86 and 1986-87 the total sum of twenty-five thousand dollars ($25,000) to carry out the provisions of this Part. PART VII.---LIABILITY AND PROPERTY INSURANCE MARKETS STUDY  COMMISSION.

Sec. 8.1.  There is created the Commission to examine Liability and Property Insurance Markets, hereinafter referred to as "the Commission".  The Commission shall consist of 12 members, appointed as follows:

(a)       The Speaker of the House shall appoint four members: three of whom shall be members of the North Carolina House of Representatives; and one of whom shall be a fire and casualty insurance agent duly licensed by this State, who may also be a member of the North Carolina House of Representatives.

(b)       The President of the Senate shall appoint four members: three of whom shall be members of the North Carolina Senate; and one of whom shall be a representative of a fire and casualty insurer duly licensed to transact the business of insurance in this State, who may also be a member of the North Carolina Senate.

(c)       The Commissioner of Insurance shall appoint four members: two of whom shall be members of the general public; one of whom shall be a fire and casualty insurance agent duly licensed by the State; and one of whom shall be a representative of a fire and casualty insurer duly licensed to transact the business of insurance in this State.

In the event of any vacancy, the appropriate appointing authority shall appoint a replacement to serve the remainder of the unexpired term. Legislative members of the Commission shall be paid subsistence and mileage allowances authorized by G.S. 120-3.1 for services on the Commission when the General Assembly is not in session. Other members of the Commission shall be paid the per diem and allowances authorized by G.S. 138-5. The Speaker of the House of Representatives and the President of the Senate shall each appoint from their appointees one member from the House of Representatives and from the Senate who will serve as cochairmen of the Commission.

Sec. 8.2.  The Commission is authorized to review, analyze, and report on:

(a)       The availability of professional and commercial liability and property insurance in this State and the factors causing and compounding diminutions in underwriting capacity.

(b)       The underwriting and marketing practices of admitted and nonadmitted liability and property insurers and producers doing business in this State.

(c)       Optional methods of risk management or risk sharing that may be utilized by the citizens of this State.

(d)       The effect of diminished underwriting capacity in professional and commercial liability and property insurance on the economy of this State.

(e)       Any other subjects deemed by the Commission to be relevant to this study.

Sec. 8.3.  With the prior approval of the Legislative Services Commission, the Commission may meet in the State Legislative Building or Legislative Office Building and utilize the services of the clerical and professional staff of the Legislative Services Office.  The Commission may utilize the staff of the Department of Insurance.

Sec. 8.4.  The Commission shall submit a final report to the 1987 General Assembly on its convening date.

Sec. 8.5.  There is appropriated from the General Fund to the Legislative Services Commission for fiscal year 1985-86 the sum of seventeen thousand dollars ($17,000) to carry out the provisions of this Part. PART VIII.---JUVENILE LAW STUDY COMMISSION.

Sec. 9.  There is appropriated from the General Fund to the Department of Administration the sum of ten thousand dollars ($10,000) for the fiscal year 1985-86, and the sum of ten thousand dollars ($10,000) for the fiscal year 1986-87, for the Juvenile Law Study Commission, to enable the Commission to carry out its legislative mandate as defined in G.S. 7A-740. PART IX.---MENTAL HEALTH STUDY COMMISSION.

Sec. 10.1.  Section 2 of Resolution 80, Session Laws of 1973, as amended by Chapter 806, Session Laws of 1973, and Section 2 of Chapter 184, Session Laws of 1977, is rewritten to read:

"Sec. 2. Appointment of Members. The Commission shall consist of 24 members. The Speaker of the House shall appoint eight members at least six of whom at the time of their appointment are members of the House, and one of those six shall be Chairman of the Mental Health Committee of the House of Representatives. The President of the Senate shall appoint eight members at least six of whom at the time of their appointment are members of the Senate, and one of those six shall be Chairman of the Senate Human Resources Committee. The Governor shall appoint eight members, two of whom at the time of their appointment shall be county commissioners taken from a list of four candidates nominated by the North Carolina Association of County Commissioners. If that Association fails to make nominations by September 1, 1985, the Governor may appoint any two county commissioners."

Sec. 10.2.  The first two sentences of Section 3 of Resolution 80, Session Laws of 1973, are deleted and the following sentence is inserted in lieu thereof:

"The President of the Senate and the Speaker of the House of Representatives shall appoint a cochairman each from the Commission's membership."

Sec. 10.3.  Section 4 of Resolution 80, Session Laws of 1983, is amended by deleting "and ex officio members" all three times those words appear.

Sec. 10.4.  The Mental Health Study Commission, established and structured by 1973 General Assembly Resolution 80; Chapter 806, 1973 Session Laws; Chapter 185, 1975 Session Laws; Chapter 184, 1977 Session Laws; Chapter 215, 1979 Session Laws; 1979 General Assembly Resolution 20; Chapter 49, 1981 Session Laws, and Chapter 268, Session Laws of 1983, as amended by this Part, is revived and authorized to continue in existence until July 1, 1987.

Sec. 10.5.  The continued Mental Health Study Commission shall have all the powers and duties of the original Study Commission as they are necessary to continue the original study, to assist in the implementation of the original and succeeding Study Commission recommendations and to plan further activity on the subject of the study.

Sec. 10.6.  Members and staff of the continued Mental Health Study Commission shall receive compensation and expenses as under the original authorization in the 1973 General Assembly Resolution 80.  Expenses of the Commission shall be expended by the Department of Human Resources from Budget Code 14460 subhead 1110.

Sec. 10.7.  In addition to other studies authorized by law, the Mental Health Study Commission shall study:

(1)       the funding of area authorities; and

(2)       child mental health services, including the juvenile admissions law.

The Mental Health Study Commission shall report to the 1987 General Assembly and may also report to the 1985 General Assembly, Second Session 1986. PART X.---STATE PARKS AND RECREATION AREAS STUDY COMMISSION.

Sec. 11.1.  There is created a Study Commission on State Parks and Recreation Areas to be composed of nine members, three Senators to be appointed by the President of the Senate, three Representatives to be appointed by the Speaker of the House, and three public members to be appointed by the Governor. Appointments to the Study Commission shall be made within 30 days subsequent to the adjournment of the General Assembly in 1985. The President of the Senate and the Speaker of the House shall each designate a cochairman from their appointees.  Either cochairman may call the first meeting of the Study Commission. With the prior approval of the Legislative Services Commission, the Study Commission may hold its meetings in the Legislative Office Building or State Legislative Building.

Sec. 11.2.  The Study Commission is authorized:

(a)       To identify the location of State Parks and Recreation Areas receiving and to receive funds from the State Parks Land Purchase Funds contained in Section 126 of Chapter 757 of the 1985 Session Laws (First Session, 1985);

(b)       To review and formulate recommended legislation;

(c)       To collect and evaluate reports and recommendations of various agencies, councils, and associations relating to State Parks and Recreation Areas; and

(d)       To study any other issues pertinent to the State Parks and Recreation System.

Sec. 11.3.  With the prior approval of the Legislative Services Commission, the Study Commission shall use available employees, both secretarial and professional, of the General Assembly.  The cochairmen may assign and direct the activities of the employees, subject to the advice of the Study Commission. The Department of Natural Resources and Community Development and any other departments, boards, or associations shall assist the Study Commission and furnish any information or expertise requested.

Sec. 11.4.  The Study Commission shall file a written report of its findings and recommendations with the presiding officer of the House of Representatives and the Senate on or before February 15, 1987.  Upon the filing of the report, the Study Commission shall terminate.

Sec. 11.5.  Members of the Study Commission shall serve without compensation, but they shall be paid such per diem and travel expenses in accordance with G.S. 138-5.  Members who are legislators shall be reimbursed for travel and subsistence expenses in accordance with G.S. 120-3.1.

Sec. 11.6.  The Department of Natural Resources and Community Development shall report monthly to the cochairmen of the Commission, the President of the Senate, the Speaker of the House of Representatives and the Fiscal Research Division on disbursements from the State Park Land Purchase Funds contained in Section 126 of Chapter 757 of the 1985 Session Laws (First Session, 1985).

Sec. 11.7.  There is appropriated from the General Fund to the Legislative Services Commission the sum of ten thousand dollars ($10,000) for the fiscal year 1985-86 for the expenses of the Study Commission on State Parks and Recreation Areas. PART XI.---PROPERTY TAX SYSTEM STUDY COMMITTEE.

Sec. 12.1.  Study committee established; membership.

There is established a Property Tax System Study Committee. The Committee shall consist of 16 members who are legislators at the time of their appointment and six other members as provided below. The President of the Senate shall appoint eight members of the Senate, and the Speaker of the House shall appoint eight members of the House of Representatives to serve on the Committee. To aid the Committee in its study of the property tax system, six additional members shall be appointed as follows:

the Speaker of the House shall appoint three members, one of whom is a county commissioner, one a county tax official, and one a citizen representing the public at large; and the President of the Senate shall appoint three members, one of whom is a county commissioner, one an elected municipal official, and one a citizen representing the public at large. All appointments shall be made in time for the Committee to begin its work by September 15, 1985. The Speaker and President of the Senate shall jointly call the first meeting to be held on a date no later than September 15, 1985.

Sec. 12.2.  Selection of cochairmen; vacancies.  The President of the Senate and the Speaker of the House of Representatives shall each designate one of the legislative members appointed by them as cochairman.  Original members appointed to the Committee shall serve until the Committee makes its final report.  Vacancies on the Committee shall be filled in the same manner as the original appointments were made.

Sec. 12.3.  Subject of study.  The Committee shall make a detailed and comprehensive study of the efficiency, effectiveness, and fairness of the property tax system in North Carolina.  The Committee shall examine all classes of property comprising the property tax base; all exemptions, exclusions, and preferential classifications; and the valuation of public service company property to determine whether the property tax system is just and equitable in taxing the citizens of the State.  The Committee shall review current procedures for listing and collecting taxes on personal and real property to determine how to increase the efficiency and equity of these procedures.  The Committee shall examine the octennial revaluation system and evaluate the feasibility of any programs that would aid the counties in conducting more frequent revaluations.

Sec. 12.4.  Reports; termination.  On or before March 1, 1987, the Committee shall submit a final written report of its recommendations to the General Assembly by filing the report with the Speaker of the House and President of the Senate.  If legislation is recommended, the Committee shall submit appropriate bills with its report.  The Committee shall terminate upon filing its final report.

Sec. 12.5.  Staffing.  The Committee shall consult with tax officials in State and local government.  With the prior approval of the Legislative Services Commission, the Committee may obtain clerical and professional assistance from the Legislative Services Office.   The Committee may also obtain assistance from the Department of Revenue.

Sec. 12.6.  Meeting place.  With the prior approval of the Legislative Services Commission, the Committee shall meet in the State Legislative Building or in the Legislative Office Building.

Sec. 12.7.  Members' reimbursement.  Committee members who are legislators when appointed shall be paid subsistence and travel allowances at the rates established for members of the General Assembly in G.S. 120-3.1.  Other Committee members shall be paid subsistence and travel allowances at the rates established in G.S. 138-5.

Sec. 12.8.  Funding.  The expenses of the Committee shall be paid from funds collected by the Department of Revenue under Article 7, Chapter 105 of the General Statutes.  The funds so expended shall be deducted as in G. S. 105-213(a) for the costs of administering the intangibles tax.  Committee expenses shall be limited to a maximum of seventy-five thousand dollars ($75,000). PART XII.---RAILROAD NEGOTIATING COMMISSION.

Sec. 13.1.  There is created the Railroad Negotiating Commission, hereafter in this Part referred to as "Commission".

Sec. 13.2.  The Commission shall consist of 12 members, appointed as follows:

(1)       Two members appointed by the Governor, one of whom shall be knowledgeable about business and one of whom shall be an advocate of passenger rail service.

(2)       The Speaker of the House of Representatives or his designee, and one member of the House of Representatives appointed by the Speaker of the House of Representatives.

(3)       The Lieutenant Governor or his designee, and one member of the Senate appointed by the Lieutenant Governor.

(4)       The Attorney General or a member of his staff appointed by him, ex officio.

(5)       The State Treasurer or a member of his staff appointed by him, ex officio.

(6)       Two officers or directors of the North Carolina Railroad Company appointed by its board of directors.

(7)       Two officers or directors of the Atlantic and North Carolina Railroad Company appointed by its board of directors.

Sec. 13.3.  Commission members shall be appointed no later than September 1, 1985, and shall serve at the pleasure of the appointing authority.  Any vacancies on the Commission shall be filled by the appointing authority.  The Lieutenant Governor shall call the initial meeting of the Commission.

Sec. 13.4.  (a) The President of the Senate and Speaker of the House of Representatives shall appoint a cochairman each from the membership of the Commission.

(b)       The Commission may appoint an executive committee for such purposes as determined by the Commission.

Sec. 13.5.  Whenever an appointing authority has designated a person to serve in his place as permitted by this Part, that person shall be compensated in accordance with G.S. 120-3.1 if a member of the General Assembly and in accordance with G.S. 138-5 in any other case.

Sec. 13.6.  The Commission shall terminate June 30, 1988.

Sec. 13.7.  The General Assembly makes the following findings of fact:

(1)       The existence of the North Carolina Railroad Company and the Atlantic and North Carolina Railroad Company spurred the economic development of North Carolina, and they are a valuable resource to the State as a whole, and especially to Piedmont and Eastern North Carolina.

(2)       Continued freight service on both routes is necessary to the further economic development of North Carolina.

(3)       Passenger rail service is currently in operation along the route, with part of the Crescent serving Charlotte- Greensboro and part of the Carolinian serving Charlotte-Raleigh.

(4)       With two railroads and the State involved on one side and one or more potential purchasers or lessees on the other, there must be one voice lest the negotiations be chaotic. While the State recognizes that the two railroads are private corporations, the State as majority stockholder has the paramount interest.

Sec. 13.8.  The Commission should either negotiate a sale of stock or should work with the Boards of Directors of the two railroads to enter into new leases prior to the expiration of the old leases.

Sec. 13.9.  Any new lease should not be for a period of more than 30 years beyond the expiration of the current lease, and should have an escalator clause based either on revenues or inflation, or some combination of clauses.

Sec. 13.10.  Any new lease or sale of stock should preferably involve both railroads.  This will not only improve the bargaining position of the State and the two railroads but help ensure continued operation of freight service to Eastern North Carolina as well as to the Piedmont.  The Commission may also consider other alternatives.

Sec. 13.11.  Any new lease should require that the lessee cooperate with innovative uses of the right-of-way, whether for fiber-optics, intra-city light rail (trolley) service, and passenger service (in addition to the requirements of the National Railroad Passenger Act).

Sec. 13.12.  The Governor, in making appointments to the Board of Directors of the North Carolina Railroad and the Atlantic and North Carolina Railroad under the charter provisions, should seek to ensure continuity of the boards as well as directing the two boards to meet jointly and cooperate with the Commission established by this Part.

Sec. 13.13.  The Commission should negotiate with Southern Railroad (Norfolk Southern Corporation) and any other potential person with which it desires to negotiate.  The Commission and its Executive Committee may meet in executive session.

Sec. 13.14.  If the Commission determines that a renegotiation of the lease is desirable, it should recommend the terms of such lease for joint approval of the Boards of Directors of the two railroads.

Sec. 13.15.  If the Commission determines that sale of the stock owned by the State is desirable, it shall recommend a contract to the General Assembly for its approval as required by Chapter 1046, Session Laws of 1951, as amended by Chapter 1372, Session Laws of 1981.

Sec. 13.16.  If the Commission determines by June 30, 1988, that it is unable to recommend any action on terms that are favorable to the State and the railroads, it shall so report to the General Assembly so that alternate action to take effect at the expiration of the lease in 1994 can be taken.

Sec. 13.17.  To protect the interests of the minority stockholders, any recommendation to sell the stock must include a provision that the purchaser will offer to purchase all shares tendered at the same price or for the same amount of stock to be swapped.

Sec. 13.18.  Expenses of the Commission shall be paid from dividend receipts from the North Carolina Railroad and the Atlantic and North Carolina Railroad.  The Department of Justice shall provide necessary staff assistance to the Commission.

Sec. 13.19.  At the time of recommending a new lease or a sale of stock, the Commission shall recommend to the General Assembly what use should be made of increased dividend payments or proceeds from the sale or exchange of stock.

Sec. 13.20.  The Commission shall have expert assistance in negotiations to be provided by the Attorney General, Secretary of Transportation, State Treasurer, and the two railroads, or under contract with a qualified professional.

Sec. 13.21.  G.S. 124-2 is amended by deleting "unless otherwise directed" and inserting in lieu thereof "if so directed in the act making the appropriation".

Sec. 13.22.  G.S. 124-4(1) is amended by deleting ", canals,".

Sec. 13.23.  G.S. 124-4(2) is amended by deleting ", roads, canals,".

Sec. 13.24.  G.S. 124-4(3) is amended by deleting "the previous section" and inserting in lieu thereof "G.S. 124-3".

Sec. 13.25.  G.S. 124-5 is amended by deleting "in which the State has or owns any stock or any interest" and inserting in lieu thereof "in which the State owns the majority of any class of voting  stock".

Sec. 13.26.  The second two sentences of G.S. 124-5 are repealed. PART XIII.---STATE-OWNED PROPERTY STUDY COMMITTEE.

Sec. 14.1.  There is established the Legislative Study Committee on State-owned property.  Four members of the Committee shall be appointed by the Lieutenant Governor and four members shall be appointed by the Speaker of the House of Representatives.  The Lieutenant Governor and the Speaker shall each appoint a cochairman from their appointees.

The Committee shall study:

(1)       The current system of planning for the space needs of the State and the allocation of State-owned property;

(2)       The current use of State-owned property;

(3)       The need for regional State office buildings;

(4)       The need for more coordinated management of or central management of State-owned capital assets;

(5)       The current system of making capital budget decisions, including decisions on whether to lease space or use State-owned space; and

(6)       Any related issues the Committee deems appropriate. The Committee shall make a report to the Appropriations Committees of the 1987 General Assembly.

Upon the prior approval of the Legislative Services Commission, the Committee may obtain staff assistance from the Legislative Services Office.

Sec. 14.2.  There is appropriated from the General Fund to the Legislative Services Commission the sum of twenty thousand dollars ($20,000) for the 1985-86 fiscal year for the study established in this Part. PART XIV.---CAFETERIA-STYLE BENEFITS STUDY COMMISSION.

Sec. 15.1.  Subsection (c) of Section 12 of Chapter 1112 of the 1983 Session Laws is rewritten to read:

"(c)      The Commission shall consist of the following 14 members:

(1)       five Representatives appointed by the Speaker of the House of Representatives;

(2)       five Senators appointed by the President Pro Tem of the Senate;

(3)       two nonlegislator members appointed by the Speaker of the House of Representatives;

(4)       two nonlegislator members appointed by the President Pro Tem of the Senate.

The four nonlegislator members shall be people with expertise in the area of employees' benefits or cafeteria-style benefit programs."

Sec. 15.2.  The first sentence of subsection (d) of Section 12 of Chapter 1112 of the 1983 Session Laws is deleted and the following is inserted:

"All appointments shall be made within 30 days of the ratification of this act. The Commission may not meet until January 1, 1986."

Sec. 15.3.  Subsection (e) of Section 12 of Chapter 1112 of the 1983 Session Laws is rewritten to read:

"(e)      Members of the Commission who are legislators shall receive subsistence and travel allowances at the rate set forth in G.S. 120-3.1. Members of the Commission who are nonlegislators shall receive subsistence and travel allowances at the rate set forth in G.S. 138-5."

Sec. 15.4.  Subsection (g) of Section 12 of Chapter 1112 of the 1983 Session Laws is rewritten to read:

"(g)      The Commission shall report to the 1987 Session of the General Assembly."

Sec. 15.5.  There is appropriated from the General Fund to the Legislative Services Commission the sum of twenty-five thousand dollars ($25,000) for the fiscal year 1985-86 for the purpose of continuing the work of the Commission on a Cafeteria- Style Benefits Program for Teachers and State Employees for the 1985-1987 biennium. PART XV.---DEPARTMENT OF TRANSPORTATION STUDY COMMITTEE.

Sec. 16.1.  The Special Committee to Study the Department of Transportation created in Resolution 60 of the 1981 Session Laws is continued until January 1, 1987.

Sec. 16.2.  The Special Committee shall oversee the Department's efforts at improving efficiency and reducing expenditures; monitor the Department's implementation of directives of the General Assembly and recommendations of the Special Committee; and study other areas of the Department of Transportation as it deems appropriate.

Sec. 16.3.  The Legislative Services Commission shall provide professional and other staff assistance for the Special Committee.  All costs of the Committee, including subsistence and travel allowances for members, shall be paid from the budget of the General Assembly as may be provided by the Legislative Services Commission. PART XVI.---PUBLIC SCHOOL CALENDAR STUDY COMMISSION.

Sec. 17.  There is appropriated from the General Fund to the General Assembly the sum of seven thousand five hundred dollars ($7,500) for the 1985-86 fiscal year for a Legislative Study Commission on the Public School Calendar.  The Commission shall consist of 16 members - two  parents of public school children, two  members of the Senate, one local school board member, one local school superintendent, one public school principal, and one public school teacher, appointed by the President of the Senate and two parents of public school children, two members of the House of Representatives, one local school board member, one local school superintendent, one public school principal, and one public school teacher, appointed by the Speaker of the House of Representatives.  The President of the Senate and the Speaker of the House of Representatives shall appoint cochairmen for the Commission from its membership.  The President of the Senate and the Speaker of the House of Representatives shall appoint people to the Commission who are evenly distributed geographically throughout the State.

The Commission shall study current laws and policies regarding school closings due to hazardous weather conditions, natural disasters, and other emergencies; whether school should be scheduled on Saturdays to make up for these school closings; how to ensure that schools are open 180 days each year throughout the State; whether there should be a uniform date for the opening of school; when teachers should be permitted to take vacation time; whether the cost of a substitute teacher when personal leave is taken should be funded in the same manner as when sick leave is taken; and whether teachers should be paid for leave time not taken during the school year.

With the prior approval of the Legislative Services Commission, the Legislative Services Office shall provide necessary professional and clerical assistance to the Commission. The Commission may hold its meetings in legislative buildings with the prior approval of the Legislative Services Commission.

Members of the Commission who are also members of the General Assembly shall be paid subsistence and travel expenses at the rate set forth in G.S. 120-3.1. Members of the Commission who are officials or employees of the State shall receive travel allowances at the rate set forth in G.S. 138-6. All other members of the Commission shall be paid per diem and allowances at the rates set forth in G.S. 138-5.

The Commission shall report to the 1986 Session of the 1985 General Assembly. PART XVII.---STATE GOVERNMENT COMPLEX STUDY COMMISSION.

Sec. 18.1.  There is hereby established a State Government Complex Study Commission.  The Commission shall consist of nine members.  Three members shall be appointed by the Governor, three members by the President of the Senate, and three members by the Speaker of the House.  The Speaker of the House and the President of the Senate shall appoint a cochairman each from the membership of the Commission.  The Commission may also elect such other officers as it deems necessary.

Sec. 18.2.  The Governor, the President of the Senate and the Speaker of the House shall make their appointments by July 1, 1985, or as soon thereafter as is practicable.  Members shall serve until their report is filed with the Governor and the General Assembly.

Sec. 18.3.  It shall be the duty of the Commission to investigate the feasibility of using the property located in the block located south of the Governor's Mansion and bounded by Jones Street, Person Street, Edenton Street and Blount Street for the development of quality housing.  The Commission shall consider the plans, if any, which the Capital Planning Commission has made for the use of the property; both short and long term. The Commission shall also study the concept of developing housing for sale on leased property and how that concept might be adopted to use in this area and what revenues might be realized by the State.  The Commission shall give particular attention to the development of the surrounding area both in and out of the designated State Government Complex.  This evaluation shall include the question of security for the safety and well-being of the Governor and the Governor's Mansion.  If the Commission should determine that short term use of the property requires the construction of a State government facility, then it shall so report.  The Commission shall also consider the feasibility of constructing a parking garage below the site for operation by the State on a revenue producing basis.  Such a facility should be at least large enough to replace any surface parking lost because of development of the surface of the tract.  The Commission is also directed to study the use of air rights and how they might be used to facilitate such a development.  Finally, if the Commission determines that no reasonable State use of the property is likely, it shall so report and shall recommend disposal of the property by the State.

Sec. 18.4.  The Commission shall report its findings and recommendations to the Governor and the General Assembly, and shall make publication of same no later than June 15, 1986.

Sec. 18.5.  The members of the Commission shall receive per diem, travel, and subsistence allowances in accordance with the provisions of G.S. 138.5.

Sec. 18.6.  There is appropriated from the General Fund to the Legislative Services Commission for the work of the State Government Complex Study Commission the sum of ten thousand dollars ($10,000) for fiscal year 1985-86. PART XVIII.---MEDICAL  MALPRACTICE AND  MEDICAL LIABILITY STUDY  COMMISSION.

Sec. 19.1.  There is hereby created a North Carolina Medical Malpractice and Medical Liability Study Commission.  The Commission shall make a thorough and comprehensive study on any and all laws affecting medical malpractice liability and insurance including, but not limited to, the following:

(1)       The establishment of a statistical database and make a determination of the dimension of problems which may or may not exist for the providers and consumers of medical malpractice insurance, including the number of health care providers covered, claims paid, costs of administration, insurance reserving practices, rate structure, costs of defending claims and other relevant factors that have an impact on the frequency, severity and nature of claims for medical negligence and the accompanying impact on the costs of such insurance;

(2)       The problems which health care and other professionals have in obtaining professional liability insurance coverage at reasonable rates;

(3)       Whether enforcement or modification of laws already enacted by the General Assembly, such as laws allowing arbitration and establishing a Health Care Excess Liability Fund, would have a positive impact on medical malpractice insurance rates;

(4)       Methods of making the resolution of professional liability claims more efficient and fairer for persons injured by malpractice and for professionals;

(5)       Methods and procedures by which hospitals and physicians can reduce the incidence of malpractice;

(6)       A review of the liability resolution system, including standards for expert witnesses, reduction and removal of impediments and informal barriers to local physicians serving as expert witnesses, standards for filing lawsuits, elimination of barriers to physician countersuits, availability of binding and voluntary arbitration and other alternative resolution systems, increased incentives to the settlement of just claims, pretrial screening panels, and methods of reducing frivolous lawsuits and frivolous defenses thereto; and

(7)       Ways to refine the method of compensating persons injured by malpractice, including evidence of noneconomic damages, collateral source rule, attorneys' contingency fees, attorneys' defense fees, periodic payments of awards, and the impact of such changes on the cost and availability of medical malpractice insurance.

Sec. 19.2.  The Commission shall consist of 17 members who shall be appointed as follows:  (1)            Eight members appointed by the Speaker of the House of Representatives as follows:  four persons who are members of the House; one person representing insurance companies writing professional liability insurance in this State; one licensed attorney who primarily represents plaintiffs in malpractice cases; one physician licensed to practice medicine in North Carolina; and one person representing consumers of medical care from a "public interest" group;  (2) Eight members appointed by the President of the Senate as follows:  four from the membership of the Senate; one physician licensed to practice medicine in North Carolina; one licensed attorney who primarily represents defendants in malpractice cases; one hospital administrator; and one person nominated by the North Carolina Citizens for Business and Industry; and (3) The Commissioner of Insurance or his designee.  The members shall serve until the termination of the Commission.  If a vacancy occurs in the membership, the appointing authority shall appoint another person to serve the balance of the unexpired term in the same manner in which the original appointment was made.  The Commission shall terminate upon the filing of a report with the General Assembly.

Sec. 19.3.  The Commission shall submit a written report and recommendations, including recommended legislation, to the 1987 General Assembly, or as soon thereafter as practicable.

Sec. 19.4.  The Speaker of the House and President of the Senate shall each select a cochairman for the Commission. Either cochairman may preside at the meeting.  Legislator members of the Commission shall be reimbursed for subsistence and travel expenses at the rates established in G.S. 120-3.1.  Commission members who are State officers or employees shall be reimbursed at the rates set forth in G.S. 138-6.  All other Commission members shall receive compensation and reimbursement for travel and subsistence at the rate set out in G.S. 138-5.  All such reimbursement shall be paid from funds available to the Commission.  Upon receiving the approval of the Legislative Services Commission, the Commission is authorized to meet in the Legislative Building.

Sec. 19.5.  State departments and agencies shall provide the Commission any information and assistance that it deems necessary.  The Commission may employ such professional staff as are necessary to the performance of its duties.  Clerical staff shall be furnished to the Commission through the offices of House and Senate Supervisors of Clerks.  The expenses of employment of clerical staff shall be borne by the Commission.

Sec. 19.6.  There is appropriated from the General Fund to the Legislative Services Commission for the work of the North Carolina Medical Malpractice and Medical Liability Study Commission the sum of one hundred thousand dollars ($100,000) for fiscal year 1985-86. PART XIX.---COMMISSION ON AGRICULTURE, FORESTRY, AND SEAFOOD  AWARENESS.

Sec. 20.1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:

 "Article 19.

 "Commission on Agriculture, Forestry, and Seafood Awareness.

"§ 120-150. Creation; appointment of members.-There is created an Agriculture, Forestry, and Seafood Awareness Study Commission. Members of the Commission shall be citizens of North Carolina who are interested in the vitality of the agriculture, forestry, and seafood sectors of the State's economy. Members shall be as follows:

(1)       Three appointed by the Governor;

(2)       Three appointed by the President of the Senate;

(3)       Three appointed by the Speaker of the House;

(4)       The Chairman of the House Agriculture Committee;

(5)       The Chairman of the Senate Agriculture Committee;

(6)       The Commissioner of Agriculture or his designee;

(7)       A member of the Board of Agriculture designated by the Chairman of the Board of Agriculture;

(8)       The President of the North Carolina Farm Bureau Federation, Inc., or his designee;

(9)       The Master of the North Carolina State Grange or his designee; and

(10)     The Secretary of the Department of Natural Resources and Community Development.

Members shall be appointed for two-year terms beginning October 1 of each odd-numbered year. The cochairmen of the Commission shall be the Chairmen of the Senate and House Agriculture Committees respectively.

"§ 120-151. Advisory Committee.-Upon proper motion and by a vote of a majority of the members present, the Commission may appoint an Advisory Committee. Members of the Advisory Committee should be from the various organizations, commodity groups, associations, and councils representing agriculture, forestry, and seafood. The purpose of the Advisory Committee shall be to render technical advice and assistance to the Commission. The Advisory Committee shall consist of no more than 20 members plus a chairman who shall be appointed by the cochairmen of the Commission.

"§ 120-152. Subsistence and travel expenses.-The members of the Commission who are members of the General Assembly shall receive subsistence and travel allowances at the rate set forth in G.S. 120-3.1. Members who are officials or employees of the State of North Carolina shall receive subsistence and travel allowances at the rate set forth in G.S. 138-6. All other members plus the Chairman of the Advisory Committee shall be paid the per diem allowances at the rates set forth in G.S. 138-5. Other members of the Advisory Committee shall serve on a voluntary basis and not receive subsistence and travel expenses.

"§ 120-153. Facilities and staff.-The Commission may hold its meetings in the State Legislative Building with the approval of the Legislative Services Commission. The Legislative Services Commission shall provide necessary professional and clerical assistance to the Commission.

"§ 120-154. Duties.-The Commission shall bring to the attention of the General Assembly the influence of agriculture, forestry, and seafood on the economy of the State, develop alternatives for increasing the public awareness of agriculture, forestry, and seafood, study the present status of agriculture, forestry, and seafood, identify problems limiting future growth and development of the industry, develop an awareness of the importance of science and technological development to the future of agriculture, forestry, and seafood industries, and formulate plans for new State initiatives and support for agriculture, forestry, and seafood and for the expansion of opportunities in these sectors.

In conducting its study the Commission may hold public hearings and meetings across the State.

The Commission shall report to the General Assembly at least one month prior to the first regular session of each General Assembly."

Sec. 20.2.  There is appropriated from the General Fund to the Legislative Services Commission the sum of ten thousand dollars ($10,000) for fiscal year 1985-86 for the work of the Commission established by this Part. PART XX.---EFFECTIVE DATE.

Sec. 21.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 18th day of July, 1985.