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LEGISLATIVE RESEARCH COMMISSION ACTIVITIES 1999-2000 FISCAL YEAR INTERIM REPORT MAY 4, 2000 SUMMARIES PREPARED BY LEGISLATIVE SERVICES OFFICE 1999 GENERAL ASSEMBLY OF NORTH CAROLINA A LIMITED NUMBER OF COPIES OF THIS REPORT IS AVAILABLE FOR DISTRIBUTION THROUGH THE LEGISLATIVE LIBRARY. ROOMS 2126, 2226 STATE LEGISLATIVE BUILDING RALEIGH, NORTH CAROLINA 27611 TELEPHONE: (919) 733-7778 ROOM 500 LEGISLATIVE OFFICE BUILDING RALEIGH, NORTH CAROLINA 27603 TELEPHONE: (919) 733-9390 May 4, 2000 TO THE MEMBERS OF THE 1999 GENERAL ASSEMBLY (2000 REGULAR SESSION): The Legislative Research Commission directed its staff to prepare an interim report outlining the work thus far of its committees during the 1999-2000 fiscal year. This report contains a brief summary of each committee’s progress and describes the number of committee meetings, subjects studied, findings and recommendations. We contemplate publishing an updated report in January just prior to the 2001 General Assembly. These summaries were prepared by the staff to the individual committees to provide brief overviews of the committees’ work. These summaries do not modify nor should they be considered as modifying any committee’s report. The individual report by the Legislative Research Commission is authoritative. Copies of the Legislative Research Commission’s reports may be obtained from the Legislative Library, Room 2126, State Legislative Building, Raleigh, North Carolina, 27611. (Telephone: (919) 733-7778). Yours truly, Terrence D. Sullivan Director of Research TABLE OF CONTENTS INTRODUCTION............................................................................................................. 1 LEGISLATIVE RESEARCH COMMISSION MEMBERSHIP ...................................... 3 STATUTES.......................................................................................................................5 TABLE OF AUTHORIZED LEGISLATIVE RESEARCH COMMISSION STUDIES................................................ 9 1999-2000 STUDIES GROUPING.................................................................................. 15 PART I. SUMMARIES OF LRC STUDY COMMITTEES.................................. 21 I. TRANSPORTATION FINANCE COMMITTEE ................................... 21 II. GOVERNMENTAL PERSONNEL GROUPING................................... 23 III. INSURANCE AND MANAGED CARE GROUPING........................... 27 IV. INTERGOVERNMENTAL ISSUES GROUPING................................. 33 V. GOVERNMENT REGULATION GROUPING...................................... 37 VI. CIVIL LIABILITY AND STRUCTURED SETTLEMENTS GROUPING .............................................................................................43 VII. COASTAL ISSUES GROUPING............................................................ 47 VIII. LABOR AND STATE CONSTRUCTION GROUPING........................ 51 IX. CRIMINAL LAWS GROUPING ............................................................ 55 X. GOVERNMENT RECORDS AND TELEPHONE SOLICITATION GROUPING.................................................................61 XI. CONSUMER PROTECTION GROUPING............................................ 67 PART II. SUMMARIES OF REFERRALS TO AGENCIES AND EXISTING STUDY COMMISSIONS..................................................... 71 1 LEGISLATIVE RESEARCH COMMISSION INTRODUCTION The North Carolina Legislative Research Commission is an interim study organization of the General Assembly. Authorized by North Carolina General Statutes 120-30.10 through 120-30.18, the Commission undertakes studies by direction of resolutions from the preceding legislative session or by direction of the Commission Chairmen. The Commission, under G.S. 120-30.17(9), referred some studies authorized to be conducted by the Commission to other State agencies and existing study commissions. The indication of each study’s disposition begins on page 9. The Commission is chaired by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The chairmen appoint five members from their respective houses. By tradition, the Commission has produced its studies working through committees responsible to Commission members and made up of other members of the General Assembly assisted by advisory members from outside the General Assembly. 2 3 LEGISLATIVE RESEARCH COMMISSION Membership 1999-2000 President Pro Tempore Speaker of the House Sen. Marc Basnight Rep. James B. Black Room 2007 Room 2304 Legislative Building Legislative Building Raleigh, NC 27601 Raleigh, NC 27601 (919) 733-6854 (919) 733-3451 Pro Tem’s Appointments Speaker’s Appointments Sen. Austin M. Allran Rep. James W. Crawford, Jr. PO Box 2907 509 College Street Hickory, NC 28603 Oxford, NC 27565 (828) 322-1410 (919) 693-6119 Sen. Linda D. Garrou Rep. Beverly M. Earle PO Box 11843 312 South Clarkson Street Winston-Salem, NC 27116 Charlotte, NC 28202 (336) 922-4192 (704) 333-7180 Sen. Jeanne H. Lucas Rep. Verla C. Insko PO Box 3366 610 Surry Road Durham, NC 27702 Denton, NC 27239 (919) 688-2838 (910) 859-2281 Sen. R.L. "Bob" Martin Rep. William L. Wainwright PO Box 387 PO Box 33 Bethel, NC 27812 Havelock, NC 28532 (252) 825-4361 (252) 447-7379 Sen. Ed N. Warren Rep. Steve W. Wood 227 Country Club Drive PO Box 5172 Greenville, NC 27834 High Point, NC 27262 (252) 765-2671 (336) 883-9663 Staff: Clerk: Mr. Terrence D. Sullivan Ms. DeAnne Mangum Research Division (919) 733-2578 (919) 733-2578 4 5 ARTICLE 6B. Legislative Research Commission. § 120-30.10. Creation; appointment of members; members ex officio. (a) There is hereby created a Legislative Research Commission to consist of five Senators to be appointed by the President pro tempore of the Senate and five Representatives to be appointed by the Speaker of the House. The President pro tempore of the Senate and the Speaker of the House shall be ex officio members of the Legislative Research Commission. Provided, that when the President of the Senate has been elected by the Senate from its own membership, then the President of the Senate shall make the appointments of the Senate members of the Legislative Research Commission, shall serve ex officio as a member of the Commission and shall perform the duties otherwise vested in the President pro tempore by G.S. 120-30.13 and 120-30.14. (b) The cochairmen of the Legislative Research Commission may appoint additional members of the General Assembly to work with the regular members of the Research Commission on study committees. The terms of the additional study committee members shall be limited by the same provisions as apply to regular commission members, and they may be further limited by the appointing authorities. (c) The cochairmen of the Legislative Research Commission may appoint persons who are not members of the General Assembly to advisory subcommittees. The terms of advisory subcommittee members shall be limited by the same provisions as apply to regular Commission members, and they may be further limited by the appointing authorities. (1965, c. 1045, s. 1; 1975, c. 692, s. 1.) § 120-30.11. Time of appointments; terms of office. Appointments to the Legislative Research Commission shall be made not earlier than the close of each regular session of the General Assembly held in the odd-numbered year nor later than 15 days subsequent to the close. The term of office shall begin on the day of appointment, and shall end on January 15 of the next odd-numbered year. No moneys appropriated to the Legislative Research Commission may be expended for meetings of the Commission, its committees or subcommittees held after January 15 of the next odd-numbered year and before the appointment of the next Legislative Research Commission. (1965, c. 1045, s. 2; 1975, c. 692, s. 2; 1977, c. 915, s. 4; 1981, c. 688, s. 19; 1983, c. 63, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 178; 1991 (Reg. Sess., 1992), c. 900, s. 16.) §120-30.12. Vacancies. Vacancies in the appointive membership of the Legislative Research Commission occurring during a term shall be filled for the unexpired term by appointment by the officer who made the original appointment. Vacancies in the ex officio membership shall be filled for the unexpired term by election by the remaining members of the Commission. Every vacancy shall be filled by a member of the same house as that of the person causing the vacancy. 6 If for any reason the office of President pro tempore of the Senate becomes vacant, the five Senate members of the Legislative Research Commission shall elect one of their own number to perform and exercise the duties imposed and powers granted pursuant to this Article, and such Senator so elected shall serve until the Senate shall elect a President pro tempore. If for any reason the office of Speaker of the House of Representatives becomes vacant, the five members of the House of Representatives of the Legislative Research Commission shall elect one of their own number to perform and exercise the duties imposed and powers granted pursuant to this Article, and such member of the House of Representatives so elected shall serve until the House of Representatives shall elect a Speaker. (1965, c. 1045, s. 3; 1969, c. 1037.) §120-30.13. Cochairmen; rules of procedure; quorum. The President pro tempore of the Senate and the Speaker of the House shall serve as cochairmen of the Legislative Research Commission. The Commission shall adopt rules of procedure governing its meetings. Eight members, including ex officio members, shall constitute a quorum of the Commission. (1965, c. 1045, s. 4.) §120-30.14. Meetings. The first meeting of the Legislative Research Commission shall be held at the call of the President Pro Tempore of the Senate in the State Legislative Building or in another building designated by the Legislative Services Commission. Thereafter the Commission shall meet at the call of the chairmen. Every member of the preceding General Assembly has the right to attend all sessions of the Commission, and to present his views at the meeting on any subject under consideration. (1965, c. 1045, s. 5; 1981, c. 772, s. 1.) §120-30.15. Repealed by Session Laws 1969, c. 1184, s. 8. §120-30.16. Cooperation with Commission. The Legislative Research Commission may call upon any department, agency, institution, or officer of the State or of any political subdivision thereof for such facilities and data as may be available, and these departments, agencies, institutions, and officers shall cooperate with the Commission and its committees to the fullest possible extent. (1965, c. 1045, s. 7.) §120-30.17. Powers and duties. The Legislative Research Commission has the following powers and duties: (1) Pursuant to the direction of the General Assembly or either house thereof, or of the chairmen, to make or cause to be made such studies of and investigations into governmental agencies and institutions and matters of public policy as will aid the General Assembly in performing its duties in the most efficient and effective manner. (2) To report to the General Assembly the results of the studies made. The reports may be accompanied by the recommendations of the Commission and bills suggested to effectuate the recommendations. (3), (4) Repealed by Session Laws 1969, c. 1184, s. 8. 7 (5), (6) Repealed by Session Laws 1981, c. 688, s. 2. (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. (9) For studies authorized to be made by the Legislative Research Commission, to request another State agency, board, commission or committee to conduct the study if the Legislative Research Commission determines that the other body is a more appropriate vehicle with which to conduct the study. If the other body agrees, and no legislation specifically provides otherwise, that body shall conduct the study as if the original authorization had assigned the study to that body and shall report to the General Assembly at the same time other studies to be conducted by the Legislative Research Commission are to be reported. The other agency shall conduct the transferred study within the funds already assigned to it. (1965, c. 1045, s. 8; 1969, c. 1184, s. 8; 1977, c. 915, s.3; 1981, c. 688, s. 2; 1983, c. 905, s. 7; 1985, c. 790, s. 7.) §120-30.18. Facilities; compensation of members; payments from appropriations. The facilities of the State Legislative Building, and any other State office building used by the General Assembly, shall be available to the Commission for its work. Members of the General Assembly serving on the Legislative Research Commission or its study committees shall be reimbursed for travel and subsistence expenses at the rates set out in G.S. 120-3.1. Advisory subcommittee members shall be reimbursed and compensated at the rates set out in G.S. 138-5 (public members) and G.S. 138-6 (State officials or employees). All expenses of the Commission shall be paid from funds appropriated for the Commission. (1965, c. 1045, s. 9; 1975, c. 692, s. 3; 1981, c. 772, s. 2.) 8 9 1999-2000 TABLE OF AUTHORIZED LEGISLATIVE RESEARCH COMMISSION STUDIES The following is a list of the topics which were funded by the Legislative Research Commission to be studied and topics referred to another agency or commission for study pursuant to G.S. 120-30.17(9). Except where otherwise indicated, the original bill or resolution which outlines the scope of the particular study is incorporated by reference in House Bill 163, Chapter 395 of the 1999 Session Laws. Footnotes indicate which studies were referred to another agency or commission to be conducted. Unless otherwise indicated, each Committee may report to the 2000 Session of the 1999 General Assembly or the 2000 General Assembly, or may make an interim report to the 2000 Session of the 1999 General Assembly and a final report to the 2001 General Assembly. Study Sponsor Authorization Staff Page Acquisition of Additional Parklands at Lake James State Park1 Sen Odom SB 200 Givens Hudson Zechini Holm Iddings 82 Administrative Process for State Employee Grievances Rep. Miller HB 1014 Cochrane-Brown Matula Nelson 23 Animal Treatment Procedures ½ Animals vaccination administration ½ Spaying or neutering of dogs/cats Rep. Owens Rep. Tucker Rep. Hensley Sen. Kinnaird HB 595 HB 329 HB 819 SB 330 Riley 37 Apple Industry2 Rep. Justus Riley 74 Bail Bond Laws Rep. Baddour Sen. Odom Sen. Ballantine HB 1219 SB 994 Andrews Carter Chism 56 Biannual Inspection and Grading of Adult Care Homes3 Rep. Earle Rep. Sherrill Young 72 Capital Incentive Program for Tourism Rep. Earle HJR 1483 Griffin Cochrane-Brown 49 1 Referred to Environmental Review Commission. (SL 99-395, §2.1 (1) f) 2 Referred to Agriculture and Forestry Awareness Study Commission. (SL 99-395, §2.1 (6) c) 3 Referred to NC Study Commission on Aging. (SL 99-395, §2.1 (4) b) 10 Capital Punishment – Mentally Retarded and Race Basis ½ Prohibiting death sentence for mentally retarded persons ½ Prohibiting death sentence obtained on basis of race Sen. Ballance Sen. Ballance SB 334 SB 991 Carter Andrews Hayes Torain 55 Central Registry for Living Wills and Organ Donations Rep. Fox HB 406 Huie 61 Child Care Subsidy Issues4 Rep. Mosley Watson Huie Hammonds-B Churchill 85 Coastal Beach Movement, Beach Renourishment, and Storm Mitigation Rep. Redwine Sen. Ballantine HB 118 SB 54 Johnson Riley 47 Consolidated Income Tax Returns by Affiliated Corporations5 Rep. McMahan HJR 491 Avrette 88 Consumer Protection ½ Higher cost of credit ½ Cash-out transactions ½ Cash converter regulation Sen. Clodfelter Sen. W. Martin Sen. R. Shaw Rep. Hurley SB 1137 HB 1451 Cochrane-Brown 67 Credit Insurance and Mortgage Credit HB 1149 Cochrane-Brown Reagan 68 Defibrillators – Use and Liability Rep. Wright HB 1118 Levenbook Andrews 43 Development-rights Transfer and the Creation of Development-rights Banks6 Sen. Clodfelter SB 1059 Holm 90 Digitization of Public Records by State Archives Rep. Jeffus Nelson McCarty 62 Driver Education Programs: Teen Drivers7 Rep. Mosley HB 1140 Johnson Goldsmith Iorio Kamprath 77 Election, Terms, and Constitution of Rep. Haire HB 1242 Johnson 77 4 Referred to Joint Legislative Public Assistance Commission. (SL 99-395, §2.1 (4) k) 5 Referred to Revenue Laws Study Committee. (SL 99-395, §2.1 (5) a) 6 Referred to Commission to Address Smart Growth, Growth Management, and Development Issues (SL 99-395, §2.1 (12) a) 7 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) a) 11 the Board of Governors of The University of North Carolina8 Goldsmith Iorio Kamprath Employment Security and Unemployment Insurance Tax Rep. Wilson Sen. Hoyle Sen. Kerr HB 324 Crotts 51 Environmental Impacts; Sources of Pollution9 Rep. Warwick HB 1002 Givens 81 Group B Streptococcus and Effects on Pregnant Women and Infants Rep. Justus HJR 1363 Attarian Young 87 Health Professions Scope of Practice10 Attarian Young 83 Health Reform Recommendations of the Health Care Planning Commission and its Advisory Committees11 Rep. Insko Attarian Young 83 Hunger and Nutrition12 Rep. Adams Sen. W. Martin HB 1229 SB 944 Young Attarian 85 Impact of Military Bases on Public Services and Taxes Rep. Hurley Rep. Warner Avrette Millsaps Andrews 33 Juvenile Crime and Delinquency Sen. Rand SB 914 Hayes 58 Long-term Care Facility Licensure Compliance13 Rep. Mosley HJR 909 Young 72 Magistrates Authority14 Rep. Baddour HB 1224 Folger Andrews Carter Wolper Perusse 76 Managed Care Issues Sen. Harris Rep. Mosley SB 1089 HJR 1461 Attarian Churchill 27 Marriage License Laws Rep. Hill HJR 1365 HB 973 Graf Hayes 40 8 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) e) 9 Referred to Environmental Review Commission. (SL 99-395, §2.1 (6) d) 10 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (4) n) 11 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (2) c) 12 Referred to Joint Legislative Public Assistance Study Commission. (SL 99-395, §2.1 (4) h) 13 Referred to NC Study Commission on Aging. (SL 99-395, §2.1 (4) a) 14 Referred to Courts Commission. (SL 99-395, §2.1 (8) a) 12 Sen. Dalton SB 1018 Mental Health and Chemical Dependency Parity Rep. Alexander Sen. W. Martin HB 713 SB 836 Attarian 29 Mutual Burial Association Insolvency Issues Sen. Rand SB 212 SL 99-425 Manheimer Churchill 30 Nondepository Trust Companies and Family Trust Companies Sen. Warren SB 94 Reagan 39 Nonprofit Property Tax Exemptions15 SB 325 Avrette 88 Pedestrian Ferry Services Sen. Basnight 48 Pharmacy Choice/Competition16 Rep. Cole Sen. Rand HB 1277 SB 137 Attarian Young 83 Predatory Lending SB 1149 SL 99-332 70 Procurement Card Pilot Program of the Department of Administration17 Sen. L. Shaw Rep. Wainwright Carter McCarty J. Willis 80 Red Imported Fire Ants18 Rep. Plyler Rep. Warwick Riley 74 Resolution of Conflicts Between Boards of Education and County Commissioners Goldsmith Pickett 34 Sale of Structured Settlements 46 School Boards Review of Applicable Court Orders19 Rep. Gulley HB 790 Johnson Goldsmith Iorio Kamprath 77 Seat Belts on School Buses20 Rep. Mosley HB 355 Johnson Goldsmith Iorio Kamprath 77 Spinal Manipulation Treatment21 Attarian 83 15 Referred to Revenue Laws Study Committee. (SL 99-191 (SB 325)) 16 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (2) d) 17 Referred to Joint Select Committee on Information Technology. (SL 99-395, §2.1 (1) e) 18 Referred to Agriculture and Forestry Awareness Study Commission. (SL 99-395, §2.1 (6) b) 19 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) d) 20 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) b) 13 Young State Agencies’ Customer Service Quality Assurance22 Rep. Owens HB 636 Willis Wheeler Powell Muchmore Fuerst 79 State Employees and Teachers Compensation ½ Defined contribution pension plan for State employees and teachers ½ State employee comprehensive compensation system Rep. Baker Rep. Nesbitt Rep. Sherrill Sen. Reeves HB 39 HJR 1158 SJR 1031 Matula Moore Pickett Trogden 24 State Government Construction Review and Approval Process Graf Cochrane-Brown 52 State Tort Liability and Immunity Rep. Walend Rep. Nesbitt Graf Folger Griffin Reagan 44 Transportation Finance ½ Toll roads ½ Municipal participation in road funding Perry Rodewald Weiss 21 Trucking Safety23 Rep. Wilson HB 1249 Perry 91 Telephone Solicitation Rep. Allen HB 1080 Dail Manheimer 63 Unvented Gas Heaters Sen. Albertson SB 785 Zechini 38 Wastewater System Construction Permits and Related Issues24 Rep. Culp HB 137 Givens Hudson Zechini Holm Iddings 82 Ways to Improve the Quality of Documents Recorded in the Office of the Register of Deeds25 Sen. Dalton SB 873 Carter McCarty J. Willis 80 21 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (4) l) 22 Referred to Joint Legislative Commission on Governmental Operations. (SL 99-395, §2.1 (1) b) 23 Referred to Joint Legislative Transportation Oversight Committee. (SL 99-395, §2.1 (9) a) 24 Referred to Environmental Review Commission. (SL 99-395, §2.1 (1) f) 25 Referred to Joint Select Committee on Information Technology. (SL 99-395, §2.1 (12) b) 14 15 Grouping of 1999 Legislative Research Commission (LRC) Studies* Section reference is to SL 1999-395 (HB 163), unless otherwise indicated. The bill number reference is to the bill or resolution originally proposing the study. Individual study committees’ names are italicized. LRC member in charge of the individual study grouping is in parentheses and (CAPITAL LETTERS). Reporting directly to the LRC Cochairs: Transportation Finance Committee (S.L. 1998-212, § 27.15(c) and S.L. 99-237, § 27.2 (d) (HB 168) -- Under No Grouping.*** Toll roads §2.1 (9) b Municipal participation in road funding. §2.1 (9) c I. Governmental Personnel Grouping (SEN. LUCAS): A. Administrative Process for State Employee Grievances Committee (HB 1014 - Miller). §2.1 (1) c B. State Employees and Teachers Compensation Committee 1. Defined contribution pension plan for State employees and teachers (HB 39 - Baker). §2.1 (1) a; and 2. State employee comprehensive compensation system (HJR 1158 - Nesbitt, Sherrill; SJR 1031 - Reeves). §2.1 (1) d II. Insurance and Managed Care Grouping (REP. INSKO) A. Managed Care Issues Committee (SB 1089 - Harris, HJR 1461 - Mosley). §2.1 (2) a B. Mental Health and Chemical Dependency Parity Committee (HB 713 - Alexander; SB 836 - Martin of Pitt). §2.1 (2) b C. Insolvency of Mutual Burial Associations Committee (SL 1999-425 (SB 212 - Rand), § 5)** III. Intergovernmental Issues Grouping (REP. WAINWRIGHT): A. Impact of Military Bases on Public Services and Taxes Committee (Hurley and Warner). §2.1 (5) b B. Resolution of Conflicts between Boards of Education and County Commissioners Committee §2.1 (3) c IV. Government Regulation Grouping (SEN. WARREN): A. Animal Treatment Procedures Committee 1. Animals vaccination administration (HB 595 - Owens; HB 329 - Tucker). §2.1 (4) e; and 2. Spaying or neutering of dogs and cats (HB 819 - Hensley; SB 330 -Kinnaird). §2.1 (4) i B. Unvented Gas Heaters Committee (SB 785 - Albertson). §2.1 (4) g C. Nondepository Trust Companies and Family Trust Companies Committee (SB 94 - Warren). §2.1 (1) I 16 D. Marriage License Laws Committee (HJR 1365 - Hill; HB 973 - Hill; SB 1018 - Dalton). §2.1 (4)f V. Civil Liability and Structured Settlements Grouping (REP. CRAWFORD): A. Defibrillators -- Use and Liability Committee (HB 1118 - Wright). §2.1 (4) m B. State Tort Liability and Immunity Committee (Walend, Nesbitt). §2.1 (1) j C. Sale of Structured Settlements Committee. §2.1 (10) c VI. Coastal Issues Grouping (SEN. ALLRAN): A. Coastal Beach Movement; Beach Renourishment, and Storm Mitigation Committee (HB 118 - Redwine; SB 54 - Ballantine). §2.1 (6) e B. Pedestrian Ferry Services Committee (Basnight). §2.1 (9) d C. Capital Incentive Program for Tourism Committee (HJR 1483 - Earle). §2.1 (5)c*** VII. Labor and State Construction Grouping (SEN. GARROU): A. Employment Security and Unemployment Insurance Tax Committee (HB 324 - C. Wilson; Hoyle, Kerr). §2.1 (7) b B. State Government Construction Review and Approval Process Committee. §2.1 (1) g VIII. Criminal Laws Grouping (SEN. R.L. MARTIN): A. Capital Punishment -- Mentally Retarded and Race Basis Committee 1. Prohibiting death sentence for mentally retarded persons (SB 334 - Ballance). §2.1 (11) a; and 2. Prohibiting death sentence obtained on basis of race (SB 991 - Ballance). §2.1 (11) b B. Bail Bond Laws Committee (SB 994 - Odom, Ballantine; HB 1219 - Baddour). §2.1 (11) c C. Juvenile Crime and Delinquency Committee (SB 914 - Rand). §2.1 (4) j** IX. Government Records and Telephone Solicitation Grouping (REP. WOOD): A. Central Registry for Living Wills and Organ Donations Committee (HB 406 - Fox). §2.1 (4) d B. Digitization of Public Records by State Archives Committee (Jeffus). §2.1 (1) h C. Telephone Solicitation Committee (HB 1080 - Allen). §2.1 (8) b X. Consumer Protection Grouping (REP. EARLE): A. Consumer Protection Committee 1. Higher cost of credit (Clodfelter). §2.1 (10) a; 2. Cash-out transactions used by some check-cashing businesses (SB 1137 - Martin of Guilford, Shaw of Guilford) and pawn shops. §2.1 (10) b 17 3. Cash converter regulation (HB 1451 - Hurley). §2.1 (10) d B. Credit Insurance and Mortgage Credit Committee. §2.1 (10) e and SL 99-332 (SB 1149), §7 (3) C. Predatory Lending Committee (SL 99-332 (SB 1149), § 7(1) and (2)) 18 Re-referral of 1999 LRC Studies to Other Bodies* North Carolina Study Commission on Aging Long-term care facility licensure compliance (HJR 909 - Mosley). §2.1 (4) a Biannual inspection and grading of adult care homes (Earle and Sherrill). §2.1 (4) b Agriculture and Forestry Awareness Study Commission Apple industry (Justus). §2.1 (6) c Red imported fire ants, (Plyler, Warwick). §2.1 (6) b** Courts Commission Magistrates authority (HB 1224 - Baddour). §2.1 (8) a Joint Legislative Education Oversight Committee Driver education programs; teen drivers (HB 1440-Mosley). §2.1 (3) a Seat belts on school buses (HB 355 - Mosley). §2.1 (3) b School boards review of applicable court orders (HB 790 - Gulley). §2.1 (3) d Election, terms, and constitution of the Board of Governors of The University of North Carolina (HB 1242 - Haire). §2.1 (3) e Joint Legislative Commission on Governmental Operations State agencies' customer service quality assurance (HB 636 - Owens). §2.1 (1) b Joint Select Committee on Information Technology Procurement card pilot program of the Department of Administration (Shaw of Cumberland; Wainwright). §2.1 (1) e Ways to improve the quality of documents recorded in the office of the register of deeds (SB 873 - Dalton). §2.1 (12) b Environmental Review Commission Acquisition of additional parklands at Lake James State Park (SB 200 - Odom). §2.1 (1) f Wastewater system construction permits and related issues (HB 137 - Culp). §2.1 (6) a Environmental impacts; sources of pollution (HB 1002 - Warwick). §2.1 (6) d Joint Legislative Health Care Oversight Committee Health reform recommendations of the Health Care Planning Commission and its advisory committees (Insko). §2.1 (2) c Pharmacy choice/competition (HB 1277 - Cole; SB 137 - Rand). §2.1 (2) d Spinal manipulation treatment §2.1 (4) l Health professions scope of practice §2.1 (4) n Joint Legislative Public Assistance Commission Hunger and nutrition (HB 1229 - Adams; SB 944 - Martin of Guilford). §2.1 (4) h Child care subsidy issues (Mosley). §2.1 (4) k Public Health Study Commission Group B Streptococcus and effects on pregnant women and infants (HJR 1363 - Justus)** Revenue Laws Study Committee Consolidated income tax returns by affiliated corporations (HJR 491 - McMahan). §2.1 (5) a Non-profit property tax exemptions (SL 99-191 (SB 325))--study mandated 19 Commission to Address Smart Growth, Growth Management, and Development Issues Development-rights transfer and the creation of development-rights banks (SB 1059 - Clodfelter). §2.1 (12) a Joint Legislative Transportation Oversight Committee Trucking safety (HB 1249 - C. Wilson). §2.1 (9) a * As adopted by the Commission on August 25, 1999 and as amended by the LRC Cochairs on September 13, 1999 and on October 6, 1999. ** Changes made by the LRC Cochairs on September 13, 1999 are double asterisked. *** Changes made by the LRC Cochairs on October 6, 1999 are triple asterisked. 20 21 PART I. SUMMARIES OF LRC STUDY COMMITTEES TRANSPORTATION FINANCE COMMITTEE Authority: S.L. 1999-212, §27.15(c); S.L. 1999-237, §27.2(d) LRC Member Pro Tem’s Appointments Speaker’s Appointments Sen. Wib Gulley, Cochair Rep. Nelson Cole, Cochair PO Box 3573 PO Box 2309 Durham, NC 27702 Reidsville, NC 27320 (919) 683-1584 (336) 342-4223 Mr. Jim Harrington Mr. Robert Barnhill, Jr. 1042 Washington Street 2311 North Main Street Raleigh, NC 27606 Tarboro, NC 27886 Mr. William Hawkins Dr. Delilah Blanks PO Box 92 Bladen County Commissioner Pisgah Forest, NC 28768 1369 Bowen Blanks Road Riegelwood, NC 28456 Sen. David Hoyle Mr. Thomas W. Bradshaw, Jr. PO Box 2494 7416 Grist Mill Road Gastonia, NC 28053 Raleigh, NC 27615-5409 (704) 867-0822 Mr. Samuel Hunt The Honorable Cherri Cheek 1218 W. Davis Street Mayor, City of Sunset Beach Burlington, NC 27215 700 Sunset Blvd., North Sunset Beach, NC 28468 Sen. John Kerr, III Rep. James W. Crawford, Jr. PO Box 1616 509 College Street Goldsboro, NC 27533 Oxford, NC 27565 (919) 734-1841 (252) 693-6119 Mr. George Little, Jr. Rep. Beverly M. Earle Kilpatrick Stockton, LLP 312 South Clarkson Street 1001 W. Fourth Street Charlotte, NC 28202 Winston-Salem, NC 27101 (704) 333-7180 Sen. Beverly Perdue Rep. Paul Luebke PO Box 991 1507 Oakland Avenue New Bern, NC 28563 Durham, NC 27705 (252) 633-2667 (336) 334-5295 Mr. Charles M. Shelton Mr. Robert Mattocks 4201 Congress Street, Suite 470 Jenkins Company Charlotte, NC 28209 PO Box 156 Pollocksville, NC 28573 22 Staff Clerk Mr. Giles Perry Research Division (919) 733-2578 Mr. Evan Rodewald Mr. Bob Weiss Fiscal Research (919) 733-4910 Ms. Carol Resar (919) 715-3036 Transportation Finance Committee The LRC Transportation Finance Committee met three times in March and April 2000. At its first meeting, the Committee heard presentations on the current status of the State’s transportation finances, urban transportation needs, rural transportation needs, transportation issues in the Research Triangle Park, changes in the TIP as a result of the audit by KPMG-Peat Marwick, secondary roads and discretionary funding, and “best practices” in transportation management. At its second meeting, the Committee heard a more detailed presentation on best practices for transportation needs assessment, as well as an introductory presentation on toll roads. The Committee also heard from DOT on highway maintenance needs and current funding. At its third meeting, the Committee heard presentations on public transportation and rail needs, use of transponders for motor carrier law enforcement and fuel tax collection, municipal participation in state highway projects, and toll road projects. The Committee recommends two draft bills for consideration by the 2000 Session of the General Assembly, and a report by the Secretary of Revenue and the Commissioner of Motor Vehicles on transponder technology: 1. A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ADDITIONAL VOLUNTARY MUNICIPAL PARTICIPATION IN STATE ROAD CONSTRUCTION. 2. A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CONSTRUCTION OF UP TO THREE PRIVATELY FUNDED AND THREE PUBLICLY FUNDED TOLL ROAD OR BRIDGE PROJECTS. Recommendation for Report on Transponders The Committee recommends that the Commissioner of Motor Vehicles and the Secretary of Revenue convene a joint working group on use of transponder technology to increase motor fuel tax collection and to enhance enforcement of motor carrier related laws. The Committee requests that the working group report to the Legislative Research Commission Transportation Finance Study Committee on or before October 1, 2000 with a plan for implementing the technology. 23 II. GOVERNMENTAL PERSONNEL GROUPING ADMINISTRATIVE PROCESS FOR STATE EMPLOYEES GRIEVANCES COMMITTEE Authority: S.L. 1999-395, HB 163 LRC Member Sen. Jeanne H. Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Pro Tem’s Appointments Speaker’s Appointments Senator Brad Miller, Cochair 4006 Barrett Drive Raleigh, NC 27609 (919) 881-9609 Rep. Pryor Gibson, Cochair 717 Mountford Avenue Raleigh, NC 27603 (919) 872-8198 Mr. W. David Cannon 308 East Commerce Street Oak City, NC 27857 Rep. Jim Gulley PO Box 3030 Matthews, NC 28105 (704) 845-2084 Senator Jeanne H. Lucas 4504 Glenn Road Durham, NC 27704 (919) 682-0217 Rep. Robert J. Hensley, Jr. 702 W. Jones Street Raleigh, NC 27603 (919) 743-0012 Ms. Elizabeth G. McCrodden 811 Mordecai Drive Raleigh, NC 27604-1254 Rep. Margaret Jeffus 1801 Rolling Road Greensboro, NC 27403 (336) 275-4762 Mr. Jack R. Stone 821 Roanoke Drive Cary, NC 27513 Rep. Larry Womble 1294 Salem Lake Road Winston-Salem, NC 27107 (336) 784-9373 Staff Clerk Ms. Karen Cochrane-Brown Ms. Cornelia McMillan Ms. Theresa Matula (919) 733-9349 Research Division (919) 733-2578 Michele Nelson Fiscal Research (919) 733-4910 Administrative Process for State Employee Grievances The Administrative Process for State Employee Grievances Committee met once and learned about a recent case in which a State employee was denied benefits under the federal Family and Medical Leave Act (FMLA). Congress passed the Family and Medical Leave Act in 1993, and specifically made it applicable to state and local governmental employers. Soon after enactment, the State Personnel Commission adopted rules and policies applying the federal law to State employees. However, the rules specifically provide that 24 “violation of or denial of leave requested pursuant to the FMLA is not a contested case and creates no right of grievance or appeal pursuant to the State Personnel Act,” and recent federal court cases have raised questions as to whether (1) Congress acted within the scope of its authority in abrogating state’s immunity under the Eleventh Amendment of the Constitution, and (2) the Family and Medical Leave Act is unconstitutional as applied to the states under the Tenth Amendment. In view of these developments, the Committee recommends: A BILL TO BE ENTITLED AN ACT CLARIFYING STATE EMPLOYEES’ ELIGIBILITY FOR FAMILY AND MEDICAL LEAVE BENEFITS. STATE EMPLOYEE AND TEACHERS COMPENSATION COMMITTEE Authority: S.L. 1999-395, HB 163 LRC Member Sen. Jeanne H. Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Pro Tem’s Appointments Speaker’s Appointments Senator Eric M. Reeves, Cochair PO Box 510 Raleigh, NC 27602 (919) 828-0801 Rep. Ruth M. Easterling, Cochair 1333 Queens Road, #101 Charlotte, NC 28207-2149 (704) 375-5934 Senator John Garwood 453 Mark Lane North Wilkesboro, NC 28659 (336) 838-5378 Rep. Philip A. Baddour PO Box 916 Goldsboro, NC 27533 (919) 735-7275 Mrs. Regina Hopkins PO Box 912 Kinston, NC 28502 Rep. Robert J. Hensley, Jr. 702 W. Jones Street Raleigh, NC 27603 (919) 743-0012 Senator Steve Metcalf PO Box 1694 Asheville, NC 28802 (828) 232-1998 Rep. Howard J. Hunter PO Box 506 Murfreesboro, NC 27855 (252) 398-5630 Ms. Rita O’Brien PO Box 467 Longdale, NC 28090 Rep. Martin L. Nesbitt 29 N. Market Street, 7th Floor Asheville, NC 28801 (828) 252-0490 Ms. Valeria Peacock 1906 Athens Avenue Durham, NC 27707 Rep. Wilma M. Sherrill PO Box 18561 Asheville, NC 28814 (828) 254-0991 Staff Clerk Ms. Theresa Matula Ms. Becky Hedspeth Research Division (919) 715-6400 25 (919) 733-2578 Ms. Phyllis Pickett Bill Drafting Division (919) 733-6660 Stanley Moore Mark Trogdon Fiscal Research Division (919) 733-4910 State Employees and Teachers Compensation Committee The State Employees and Teachers Compensation Committee met three times to consider issues relating to the performance evaluation and compensation of State employees subject to the State Personnel Act (SPA). The Committee focused on the Comprehensive Compensation System outlined in G.S. 126-7. Under current law, the Comprehensive Compensation System links salary increases to the performance of each SPA employee and includes three components: Career Growth Recognition Award, Cost-of-Living Adjustment, and Performance Bonus. This impacts over 91,000 State employees, or roughly 36% of the almost 256,000 State funded positions. (The remaining 165,000 positions are non-SPA and are primarily located in the universities, judicial branch, community colleges, and public schools.) The Committee heard detailed reports from its staff as well as thorough presentations by the Office of State Personnel and the State Employees Association of North Carolina. The Committee was informed of the factors that adversely affect the State’s ability to attract and retain the State government labor force, including: (1) The combined effect of an approximately 1.7% unemployment rate in the Triangle; (2) Increased labor market competition; (3) Devaluation of the State’s benefit packages relative to some competitors; and (4) State salaries increasing at a slower rate than private sector counterparts. The Committee recognizes that North Carolina State Government has an obligation to attract and retain a competent workforce and, therefore, the Committee recommends: A BILL TO BE ENTITLED AN ACT AMENDING THE EMPLOYEE COMPENSATION AND PERFORMANCE EVALUATION PROVISIONS OF THE STATE PERSONNEL ACT, CHAPTER 126 OF THE GENERAL STATUTES, AND APPROPRIATING FUNDS FOR FULL IMPLEMENTATION OF THE STATE COMPENSATION PLAN. FY 2000-2001 Cost Analysis for SPA Employees General Fund Highway Fund Fund Career Growth Component at minimum increase of 2% per annum. $42,000,000 $8,600,000 Tie Cost of Living to CPI for previous year. (For calendar year 1999, the assumed average CPI rate is 2.2%) $46,200,000 $9,460,000 Fund Performance Bonus at a minimum 2% of total payroll $42,000,000 $8,600,000 Fund 5% salary increase to account for increases in the COLA that did not match the CPI. $105,000,000 $21,500,000 26 27 III. INSURANCE AND MANAGED CARE GROUPING MANAGED CARE ISSUES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Verla C. Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Pro Tem’s Appointments Speaker’s Appointments Sen. Allen Wellons, Cochair PO Box 986 Smithfield, NC 27577 (919) 934-0553 Rep. Edd Nye, Cochair PO Box 8 Elizabethtown, NC 28337 (910) 862-3679 Sen. Charlie Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. W. Pete Cunningham 3121 Valleywood Place Charlotte, NC 28216 (704) 394-0919 Dr. James Elliott, Jr., DDS, PA 5F Doctors Park Asheville, NC 28801 Rep. Zeno L. Edwards, Jr. 212 Riverside Drive Washington, NC 27889 (252) 946-3714 Mr. Hank Estep Griffin-Estep Benefit Group, Inc. PO Box 2263 Wilmington, NC 28402 (910) 232-8272 Rep. Larry T. Justus PO Box 2396 Hendersonville, NC 28793 (828) 685-7433 Sen. Oscar Harris PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Martin L. Nesbitt, Jr. 29 N. Market Street, 7th Floor Asheville, NC 28801 (828) 862-3679 Ms. Pam Silberman Sheps Center for Health Service Research 725 Airport Road – CB 7590 Chapel Hill, NC 27514 Ms. Elizabeth O’Keefe NorthEast Medical Center 920 Church Street Concord, NC 28025 Dr. Steven Michael Willen 3808-H High Point Road Greensboro, NC 27408 Mr. Thomas L. West PO Box 250 Roseboro, NC 28302 Staff Clerk Ms. Linda Attarian Ms. Jo Bobbitt Ms. Erika Churchill (919) 733-5477 Research Division (919) 733-2578 28 Managed Care Issues Committee The Study Committee recommends five separate pieces of legislation. The recommendations include establishing an external appeal mechanism, enhancing protections for consumers in the event of an HMO insolvency, providing procedures to ensure the prompt payment of claims by insurers, providing a statutory remedy for consumers harmed by health care treatment decisions made by their managed care health plans, and ensuring representation of non-medical doctor health care providers on utilization and grievance review panels when appropriate. 1. The first piece of proposed legislation is entitled: AN ACT TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES IN HEALTH INSURANCE AND MANAGED CARE TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF A HEALTH BENEFIT PLAN COVERAGE DECISION MADE BY THE INSURER OR MANAGED CARE PLAN; AND TO MAKE CONFORMING AMENDMENTS TO EXISTING LAWS ON UTILIZATION REVIEW AND GRIEVANCES. The act would establish an external, independent review process for consumers to obtain an external review of disputes regarding complaints and issues relating to the consumer’s health benefit plan. External reviews would be conducted by independent review organizations approved by the Commissioner of Insurance. The decision of the review organization must be made within 45 days or four days if necessary to avoid jeopardizing the health or life of the covered person and would be binding upon the insurer. The act would become effective July 1, 2001. 2. A second piece of legislation is entitled: AN ACT TO PROTECT PERSONS ENROLLED IN AN HMO FROM THE CONSEQUENCES OF THE INSOLVENCY OF THAT HMO BY AUTHORIZING ASSESSMENTS OF REMAINING HMOs IN THE STATE TO PAY FOR UNCOVERED EXPENDITURES OF AND CONTINUATION OF COVERAGE FOR THE ENROLLEES. The act would provide a mechanism with which the Commissioner of Insurance may ensure that uncovered claims against an insolvent HMO are covered and health care coverage for enrollees is continued. The act would become effective July 1, 2001. 3. A third piece of legislation is entitled: AN ACT TO PROVIDE THAT A MANAGED CARE ENTITY PROVIDING A HEALTH BENEFIT PLAN IS LIABLE FOR DAMAGES FOR HARM TO ITS INSUREDS OR ENROLLEES CAUSED BY THE MANAGED CARE ENTITY’S FAILURE TO EXERCISE ORDINARY CARE. The act would establish a standard of care for managed care entities which administer, deliver, arrange for, provide for, or reimburse for health care services or assume the risk for the delivery of health care services and to provide for recovery for violations of that standard. The act would become effective July 1, 2001. 4. A fourth piece of legislation is entitled: AN ACT TO PROVIDE FOR THE PROMPT PAYMENT OF CLAIMS UNDER HEALTH BENEFIT PLANS AND TO MAKE CONFORMING AMENDMENTS TO RELATED CLAIM PAYMENT LAWS. The act would require insurers to pay an uncontested claim submitted by a claimant within 30 days. If the claim is not paid within 30 days, interest at 18 percent will be added to the claim. A violation of the act would subject the insurer to civil penalties, restitution or license suspension or revocation by the Commissioner of Insurance pursuant to G.S. 58-2- 70. The act would become effective July 1, 2001. 5. A fifth piece of legislation is entitled: AN ACT TO REQUIRE UTILIZATION REVIEW AND GRIEVANCE PROCEDURES PURSUANT TO G.S. 58-50-61 AND G.S. 58-50-62 TO INCLUDE ON THE REVIEW OR GRIEVANCE PANEL PROVIDERS LICENSED, CERTIFIED, OR REGISTERED IN NORTH CAROLINA IN THE SAME MEDICAL OR ALLIED HEALTH OCCUPATION AS THE PROVIDERS WHO ARE PARTIES TO THE REVIEW OR GRIEVANCE. The current law specifies that medical doctors and other qualified health care professionals must be involved in utilization and grievance review conducted by the insurers. The act would provide insurers with specific requirements to abide by when selecting reviewers. The selection must be based on the license, certification or registration of the providers who are parties to the review or grievance. The act becomes effective when it becomes law. 29 MENTAL HEALTH AND CHEMICAL DEPENDENCY PARITY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Verla C. Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Pro Tem’s Appointments Speaker’s Appointments Ms. Susan F. Green, Cochair 522 N. Elam Avenue, Suite 203 Greensboro, NC 27403 (336) 854-2391 Rep. Martha Alexander, Cochair 1625 Meyers Park Drive Charlotte, NC 28207 (704) 365-3841 Ms. Pearl L. Finch 10805 South NC 581 Bailey, NC 27807 Rep. Dan Barefoot 709 S. Aspen Street Lincolnton, NC 28092 (704) 735-5817 Mrs. Martha Clampitt McKay 525 Wade Avenue, #48 Raleigh, NC 27605 Rep. Joanne Bowie 106 Nut Bush Road East Greensboro, NC 27410 (336) 294-2587 Sen. William Martin PO Box 21325 Greensboro, NC 27420-1325 (336) 373-1530 Rep. James Walker Crawford, Jr. 509 College Street Oxford, NC 27565 (252) 492-3383 Mr. Lonnie Pridgen 121 Sarahs Circle New Bern, NC 28562 Rep. Jerry Dockham PO Box 265 Denton, NC 27239 (336) 859-2281 Mr. Selbert McRae “Bert” Wood, Jr. 1068 North Main Street Mount Airy, NC 27030 Rep. Bill Hurley PO Box 714 Fayetteville, NC 28302 (910) 483-6210 Staff Clerk Ms. Linda Attarian Ms. Ann Faust Research Division (919) 733-7208 (919) 733-2578 Mental Health and Chemical Dependency Parity Committee The Committee on Mental Health and Chemical Dependency Parity recommends a single piece of legislation, entitled, “AN ACT TO REQUIRE PARITY IN HEALTH INSURANCE COVERAGE FOR MENTAL ILLNESS AND CHEMICAL DEPENDENCY TREATMENT”. The act would require all group health plans to provide coverage of mental illness and chemical dependency. Group health plans covering 10 or more employees must provide coverage for mental illness and chemical dependency at full parity to the benefits for physical illness under the plan. Full parity means that the plan’s benefit restrictions on day and visit limits, deductibles, coinsurance factors, co-payments, maximum out-of-payment limits, annual and 30 lifetime dollar limits, and any other dollar limits or fees for covered services prior to reaching any maximum out-of-pocket limit must not be less favorable than those for physical illness generally. The act requires group health plans covering less than 10 employees to provide coverage for mental illness and chemical dependency at partial parity to the benefits for physical illness under the plan for a period not to exceed three years, and at full parity at the end of the three-year period. Partial parity means that the plan’s benefit restrictions on day and visit limits, maximum out-of-pocket limits, and annual and lifetime dollar limits must not be less favorable than those for physical illness generally. Deductibles, coinsurance factors, co-payments, and any other dollar limits or fees for covered services prior to reaching any maximum out-of-pocket limit may be more restrictive for mental illness and chemical dependency benefits than those for physical illness. The act further requires the Legislative Commission on MH/DD/SAS to study the issue of whether the coverage and parity mandates are too onerous on small group health plans after enough time has passed to collect reliable cost and outcome data. After the study, the Commission is to report its determination regarding whether these small plans should move to full parity at the end of the three-year period to the 2003 General Assembly. INSOLVENCY OF MUTUAL BURIAL ASSOCIATIONS COMMITTEE Authority: S.L. 1999-395 LRC Member Rep. Verla C. Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Pro Tem’s Appointments Speaker’s Appointments Sen. Larry Shaw, Cochair PO Box 1195 Fayetteville, NC 28302 (910) 323-5303 Rep. Howard Hunter, Jr., Cochair PO Box 506 Murfreesboro, NC 27855 (252) 398-5630 Mr. Jack Briggs Briggs Funeral Home PO Box 218 Denton, NC 27239 Rep. Alma Adams #2 Mandela Court Greensboro, NC 27401 (336) 370-8675 Mr. Steve Bryan, Exec. Director Bryan Funeral Service PO Box 160 Swan Quarter, NC 27885 Rep. Nurham Warwick 402 Fox Lake Drive Clinton, NC 28328 (910) 592-4807 Sen. Luther Jordan PO Box 390 Wilmington, NC 28402 (910) 763-2441 Mr. Dean Wilkerson PO Box 2245 Greenville, NC 27836 Staff Clerk Ms. Esther Manheimer Ms. Barbara Phillips Ms. Erika Churchill (919) 733-2962 Research Division (919) 733-2578 31 Insolvency of Mutual Burial Associations Committee The Insolvency of Mutual Burial Associations Committee met one time. At the meeting, the Committee staff presented SB 212, a bill entitled Mortuary Science Changes. The Committee heard from Mr. Andrew Ritter, Director of the North Carolina Board of Mortuary Science. He stated that thus far, the Board was pleased with effect of SB 212, as it has allowed insolvent mutual burial associations to dissolve. Mr. Ritter stated that at this time the Board would not recommend further changes to the mutual burial association statutes. The Committee also heard from Mr. John Carr who represents the North Carolina Funeral Directors Association. Mr. Carr concurred with Mr. Ritter and stated that the committee might need to revisit the insolvency issue next interim, but that it was possible that his organization would recommend no further changes to the law when the committee meets again after the 2000 Short Session. The Committee will continue its work following the 2000 Session of the General Assembly and will report to the 2001 Session of the General Assembly, as required. 32 33 IV. INTERGOVERNMENTAL ISSUES GROUPING IMPACT OF MILITARY BASES ON PUBLIC SERVICES AND TAXES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Wainwright PO Box 33 Havelock, NC 28532 (252) 447-7379 Pro Tem’s Appointments Speaker’s Appointments Sen. Oscar Harris, Cochair PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Alex Warner, Cochair 212 South Main Street Hope Mills, NC 28348 (910) 424-5350 Sen. Patrick Ballantine 201 North Front Street, Suite 405 Wilmington, NC 28401 (910) 763-0673 Rep. Robert Grady PO Box 5091 Jacksonville, NC 28540 (910) 353-3579 Mr. Joe Bowser 9 Druid Place Durham, NC 27707 Rep. J. William Hurley PO Box 714 Fayetteville, NC 28302 (910) 483-6210 Ms. Margaret Highsmith Dickson 115 Dobbin Avenue Fayetteville, NC 28305 Rep. Carolyn B. Russell 304 Glen Oak Drive Goldsboro, NC 27534 (919) 736-2665 Sen. Anthony E. Rand 2008 Litho Place Fayetteville, NC 28304 (910) 485-8871 Rep. Russell E. Tucker 464 North NC Highway 11 Pink Hill, NC 28572 (252) 568-3295 Mr. Dedrick Samuels 209 Woodhaven Drive Lexington, NC 27295 Rep. Nurham Warwick 402 Fox Lake Drive Clinton, NC 28328 (910) 592-4807 Staff Clerk Ms. Cindy Avrette Ms. Ann Stancil Mr. Al Andrews (919) 733-5853 Research Division (919) 733-2578 Ms. Linda Millsaps Fiscal Research (919) 733-4910 34 Committee on the Impact of Military Bases on Public Services and Taxes The LRC Study Committee on the Impact of Military Bases on Public Services and Taxes met twice during the interim. North Carolina regards its military bases as one of its greatest assets. The communities in which the military bases are located receive an economic benefit from their presence in them. These communities also provide services to support the bases and the military personnel that work on those bases. The Chairs viewed the Committee’s work as a “fact-finding” mission to explore the benefits communities derive from the presence of these bases in their areas, as well as the revenues these communities must expend to support the bases. At its first meeting, the Committee heard presentations from Colonel David Jones, the Governor’s military liaison, Ms. Betty Smith, from Fort Bragg, and Mr. John Peacock and Mr. Tony World, representing Seymour Johnson Air Force Base. They addressed the economic benefits derived by the State from the presence of the military bases in the State. On the expenditure side, the Committee heard presentations concerning the impact the bases have on a community’s educational system, transportation system, and infrastructure. The Committee heard presentations from Mr. Rick Glazier, former Chairman of the Cumberland County Board of Education, and Mr. Ricky Lopes, the finance officer from Cumberland County on the educational issues. It heard presentations from the Department of Transportation, local leaders, and community representatives on the remaining issues. The Committee has not made any findings and does not have any recommendations for the 2000 Session of the 1999 General Assembly. The Committee plans to continue its work in the fall. RESOLUTION OF CONFLICTS BETWEEN BOARDS OF EDUCATION AND COUNTY COMMISSIONERS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Wainwright PO Box 33 Havelock, NC 28532 (252) 447-7379 Pro Tem’s Appointments Speaker’s Appointments Sen. Linda Garrou, Cochair 3910 Camerille Farm Road Winston Salem, NC 27106 (336) 922-4192 Rep. Doug Yongue, Cochair 604 Prince Street Laurinburg, NC 28352 (910) 276-1727 Ms. Annette Carter PO Box 226 Dallas, NC 28034 (704) 864-8377 Rep. Gordon Allen PO Box 100 Roxboro, NC 27573 (336) 599-2175 Mr. Dumont Clarke 100 North Tryon Street, 47th Floor Charlotte, NC 28202-4003 Rep. Andy Dedmon PO Box 293 Earl, NC 28038 (704) 487-7272 Sen. Charlie Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. Jim Horn 810 Polkville Road Shelby, NC 28150 (704) 487-9420 Sen. Fletcher Hartsell PO Box 368 Concord, NC 28026-0368 (704) 786-5161 Rep. Max Melton 220 Sandy Ridge Road West Monroe, NC 28122 (704) 764-3690 35 Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Rep. Martin Nesbitt 29 N. Market Street., 7th Floor Asheville, NC 28801 (828) 252-0490 Staff Clerk Ms. Kory Goldsmith Ms. Jenny Umstead Research Division (919) 733-5821 (919) 733-2578 Ms. Phyllis Pickett Bill Drafting Division (919) 733-6660 Resolution of Conflicts between Boards of Education and County Commissioners Committee The Committee on Resolving Conflicts Between School Boards and County Commissioners met two times. At the first meeting, the Committee received general information from several Institute of Government Faculty members. Mr. Don Liner reviewed the State and local funding and governance structures for North Carolina public schools. He provided some historical background as well as general comparisons with other states. Mr. John Stephens reviewed the budget dispute resolution process between school boards and county commissioners. He gave an historical overview of how the procedure for resolving conflicts has evolved. Ms. Susan Flinspach gave an overview of other States’ Funding while focusing on a regional comparison of states with independent school systems and states with dependent systems. Based on her research, she concluded that there was no clear association between the governance structure of school boards (independent vs. dependent) and the level of educational funding those boards received. At the second meeting, the Committee heard presentations from several members of the General Assembly staff. Ms. Kory Goldsmith and Ms. Phyllis Pickett, Committee Co-counsel, presented a legal memorandum outlining the current State and local budgetary process. Mr. Philip Price, Fiscal Analyst, provided some longitudinal information related to State, local, and federal spending for current expenses from 1970 to 1998. The Committee then heard presentations from Ms. Leanne Winner, North Carolina School Boards Association, and Mr. Ed Reagan, North Carolina Association of County Commissioners. Ms. Winner presented information indicating that many school boards believe that county commissioners attempt to influence school policy by using the budgetary process. She noted that some school boards are very reluctant to force a budgetary mediation for fear of future budgetary retaliation by the county commissioners. Ms. Winner also stated that the current funding structure reduces local accountability because school boards can blame the county commissioners if the schools lack resources and the county commissioners can blame school boards if citizens are unhappy with educational policies. Mr. Reagan noted that the County Commissioners Association does not believe there is a problem. He noted that the budget process is built on a dynamic tension, but that was beneficial because the commissioners must look at all the needs of the county. He noted that the current system has produced good to excellent credit ratings for North Carolina’s counties and questioned what impact any change would have on that status. Finally, Mr. Reagan cautioned that if the State grants independent taxing authority to school boards, other local agencies would want similar authority. The Committee will continue its work following the 2000 Session of the General Assembly and will report to the 2001 Session of the General Assembly. 36 37 V. GOVERNMENT REGULATION GROUPING ANIMAL TREATMENT PROCEDURES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Eleanor Kinnaird, Cochair PO Box 25397 Raleigh, NC 27611 (919) 856-2200 Rep. Dewey Hill, Cochair PO Box 723 Whiteville, NC 28472 (910) 642-6044 Dr. Kelli K. Ferris NCSU-CVM 4700 Hillsborough Street Raleigh, NC 27606 Dr. Mark Green, Past President NC Veterinary Medical Association 7305 North Tryon Street Charlotte, NC 28262 Sen. Virginia Foxx 11468 Highway 105 Banner Elk, NC 28604 (828) 963-5025 Rep. Julia Howard 330 S. Salisbury Street Mocksville, NC 27028 (336) 751-3538 Mr. William Reppy, Jr. 5700 Barbee Chapel Road Chapel Hill, NC 27514 Ms. Michele Karwoski 524 S. Boylan Avenue Raleigh, NC 27603 Mr. Millard R. Rich 1200 Bancroft Street Raleigh, NC 27612 Rep. Bill Owens PO Box 537 Elizabeth City, NC 27907 (252) 335-1850 The Honorable James Speed 415 Laurel Mill Road Louisburg, NC 27549 Rep. Russell E. Tucker 464 N NC 11 Highway Pink Hill, NC 28572 (252) 568-3295 Staff Clerk Ms. Barbara Riley Ms. Kathie Young Research Division (919) 733-5804 (919) 733-2578 Animal Treatment Procedures Committee The Animal Treatment Procedures Committee held four meetings. At the first meeting the Committee viewed an animal control documentary, and were presented with a brief history of spay/neuter legislation, on animal control in the State, and heard from the County Commissioners’ Association. The Committee heard an explanation of SB 330 from committee counsel, Ms. Barbara Riley. At the second meeting, Senator Kinnaird introduced a revised version of SB 330. Dr. Mark Green, a committee member, presented a spay/neuter pilot program. Peter Marsh, a member of a Legislative Study Commission on 38 spay/neutering programs from New Hampshire, gave a presentation on state funded programs in New Hampshire. Members of the public commented on the bill and spay/neuter problem. At the third meeting, the committee discussed recommended changes from members and the public. At the fourth and final meeting, the final report was adopted. The Animal Treatment Procedures Committee found there is a pressing need for the establishment of a statewide spay/neuter program under which low-income citizens of North Carolina can access affordable spay/neuter procedures for their dogs and cats. The Committee further found that the funding for this program should be voluntarily provided by citizens through the purchase of special license plates and special rabies tags. Based on the committee’s findings and recommendations, the Animal Treatment Procedures Committee recommends the following bill to the 2000 General Assembly: A BILL TO BE ENTITLED AN ACT TO ESTABLISH A VOLUNTARILY FUNDED STATEWIDE SPAY/NEUTER PROGRAM TO PROVIDE EDUCATION ON THE BENEFITS OF SPAYING AND NEUTERING PETS AND TO PROVIDE FINANCIAL ASSISTANCE TO COUNTIES AND CITIES OFFERING LOW-INCOME PERSONS REDUCED COST SPAY/NEUTER SERVICES FOR DOGS AND CATS. This bill creates a voluntarily funded statewide program to provide low-income persons with reduced cost spay/neuter services for their dogs and cats and provides for an educational program for pet owners on the benefits of having their pets spayed or neutered. It further establishes a non-reverting, special revenue Spay/Neuter Account in the Department of Health and Human Services from which the statewide program would be funded. Revenue for the account would come from an additional 50 cent fee on the cost of obtaining a special rabies vaccination tag, which is an alternative to the standard rabies tag and will be a different shape and carry the designation "I Care". Also, license plate fees from an Animal Lovers special plate, ten dollars of which the additional fee imposed for the special plate would be transferred to the Account, and any grants or donations. The bill also amends G.S. 20-81.12(b)(10) to provide for the distribution of revenues received from Animal Lovers license plates, to direct that the money received from the issuance of the plate in the Collegiate and Cultural Attraction Account is transferred quarterly to the Spay/Neuter Account. The bill would become effective January 1, 2001. UNVENTED GAS HEATERS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Charles Albertson, Cochair 136 Henry Dunn Pickett Road Beulaville, NC 28518 (910) 298-4923 Rep. Andrew T. Dedmon, Cochair 331 South Washington Street Shelby, NC 28150 (704) 487-7272 Mr. Jerry Crisp PO Box 9063 Morganton, NC 28680 Rep. John D. Bridgeman 605 South New Hope Road Gastonia, NC 28054 (704) 868-4188 Mr. William Small 531 Tuggle Street Durham, NC 27713 Rep. Mary E. McAllister 730 Spyglass Drive Fayetteville, NC 28311 39 (910) 488-6118 The Honorable James Speed 415 Laurel Mill Road Louisburg, NC 27549 Rep. Amelia A. H. Morris 105 Pigeon House Court Fayetteville, NC 28311 (910) 630-0085 Ms. Frances Walker Tr. 2, Box 254 Moyock, NC 27958 Rep. Larry W. Womble 1294 Salem Lake Road Winston-Salem, NC 27107 (336) 784-9373 Staff Clerk Mr. Rick Zechini Ms. Nancy Pulley Research Division (919) 733-5655 (919) 733-2578 Unvented Gas Heaters Committee The Unvented Gas Heaters Committee has not yet met and is not making a report to the 2000 Session. NONDEPOSITORY TRUST COMPANIES AND FAMILY TRUST COMPANIES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Ed Warren, Cochair 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Rep. Henry Michaux, Jr., Cochair PO Box 2152 Durham, NC 27702-2152 (919) 596-8181 Sen. Kay Hagan 305 Meadowbrook Terrace Greensboro, NC 27408 (336) 379-8721 Rep. John Bridgeman 605 South New Hope Road Gastonia, NC 28054 (704) 868-4188 Sen. Robert Rucho 400 Trafalgar Place Matthews, NC 28105 (704) 364-3770 Rep. Walter Church, Sr. PO Box 760 Valdese, NC 28690 (828) 874-2141 Sen. Larry Shaw PO Box 1195 Fayetteville, NC 28302 (910) 323-5303 Rep. Edgar Starnes 1375 L.R. Boulevard SE, Suite 104 Hickory, NC 28602 (828) 327-6595 Sen. R.C. Soles, Jr. PO Box 6 Rep. Constance Wilson 726 Lansdowne Road 40 Tabor City, NC 28463 (910) 653-2015 Charlotte, NC 28270 (704) 364-2311 Staff Clerk Mr. Walker Reagan Ms. Phyllis Porter Research Division (919) 733-5745 (919) 733-2578 Nondepository Trust Companies and Family Trust Companies The Nondepository Trust Companies and Family Trust Companies Committee met two times. The Committee discussed that under current law companies that wished to engage solely in trust business were required to be chartered and regulated as a bank, even though the company did not operate as a depository institution. The Committee also discussed that NC trust companies would be prohibited from operating on an interstate basis unless NC recognizes the right of out-of-state trust companies to operate in North Carolina. The Committee heard from the NC Commissioner of Banks and the NC Attorney General’s Office that a model State Trust Company Act recommended by the national Conference of State Banking Supervisors has been adopted in about half the other states. The model act would provide for a separate process for chartering trust companies, would permit state charter trust companies to operate on an interstate basis, and would provide the same protections to the consuming public as provided by the current regulatory structure. The Committee decided to recommend a bill to enact the model State Trust Company Act as recommended by the Conference of State Banking Supervisors, with modifications to conform to North Carolina law. Based on its findings and recommendations, the Nondepository Trust Companies and Family Trust Companies Committee recommends the following bill to the 2000 Regular Session of the General Assembly: A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CHARTERING OF INDEPENDENT TRUST COMPANIES AND TO PERMIT BANKS AND TRUST COMPANIES TO CONDUCT A TRUST BUSINESS ON AN INTERSTATE BASIS. This bill would create a regulatory structure for companies solely operating a trust business separate from the regulation of banks, and would permit trust businesses to be operated on an interstate basis under certain conditions. MARRIAGE LICENSE LAWS COMMITTEE Authority: S.L. 1999-332, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Jeanne Lucas, Cochair Rep. Ronnie N. Sutton, Cochair PO Box 3366 PO Box 787 Durham, NC 27702 Pembroke, NC 28372 (919) 682-0217 (910) 521-4797 Sen. Hamilton Horton, Jr. Rep. R. Phillip Haire 328 North Spring Street PO Box 248 Winston-Salem, NC 27101 Sylva, NC 28779 41 (336) 773-1324 (828) 586-9210 Sen. Steve Metcalf Rep. Dewey L. Hill PO Box 1694 PO Box 723 Asheville, NC 28802 Whiteville, NC 28472 (828) 232-1998 (910) 642-6044 Sen. Dan Robinson Ms. Catherine C. McLamb PO Box 115 Howard Stallings From and Hutson Cullowhee, NC 28723 PO Box 12347 (828) 293-9427 Raleigh, NC 27605 Sen. David Weinstein Rep. Jennifer Weiss 206 W. 31st Street 303 Tibbetts Rock Drive Lumberton, NC 28358 Cary, NC 27513 (910) 739-3048 (919) 678-1367 Staff Clerk Ms. Wendy Graf Ms. Dee Hodge Research Division (919) 733-5955 (919) 733-2578 Marriage License Laws Committee The Marriage License Laws Committee met two times. At the first meeting, the Committee was given an overview of the marriage license laws in North Carolina and the potential problems with those laws. A representative of the Institute of Government and the President of the North Carolina Association of Registers of Deeds addressed the Committee and answered questions about the process an applicant must go through in order to get a marriage license in North Carolina. Based on the information presented at the meeting, the Committee identified several key issues for further study. At the second meeting, the Committee heard from a representative of the ACLU regarding the constitutionality of the statute that sets out who is authorized to solemnize a marriage in North Carolina. The Committee also heard from a representative of Prisoner Legal Services regarding the rights of prisoners in obtaining marriage licenses so that they may marry. The Committee then discussed and prioritized issues that they plan to study further when they meet after the 2000 Session of the General Assembly. The Committee will not report to the 2000 Session, but will continue its work and report to the 2001 Session of the General Assembly with any relevant recommendations. 42 43 VI. CIVIL LIABILITY AND STRUCTURED SETTLEMENTS GROUPING DEFIBRILLATORS – USE AND LIABILITY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. James W. Crawford, Jr. 509 College Street Oxford, NC 27565 (919) 693-6119 Pro Tem’s Appointments Speaker’s Appointments Sen. Ed Warren, Cochair 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Rep. Thomas Wright, Cochair PO Box 1654 Wilmington, NC 28402 (910) 350-5921 Sen. Charles Carter PO Box 131 Asheville, NC 28802 (828) 645-4221 Rep. Bill Culpepper PO Box 344 Edenton, NC 27932 (252) 482-2175 Sen. James Forrester PO Box 459 Stanley, NC 28164 (704) 263-4716 Rep. Donald Davis PO Box 1113 Dunn, NC 28335 (910) 892-1841 Sen. Jeanne H. Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Rep. Marian N. McLawhorn PO Box 399 Grifton, NC 28530 (252) 514-6073 Sen. William Purcell 1301 Dunbar Drive Laurinburg, NC 28352 (910) 276-7328 Rep. Russell Tucker 464 N. NC 11 Hwy. Pink Hill, NC 28572 (252) 568-3295 Staff Clerk Mr. Ken Levenbook Ms. Vanda Wilson-Womack Bill Drafting Division (919) 733-5754 (919) 733-6660 Mr. Al Andrews Research Division (919) 733-2578 Defibrillators – Use and Liability Committee The Defibrillators--Use and Liability Study Committee met three times in Raleigh on March 1, 2000, March 29, 2000, and April 18, 2000. During its proceedings, the Committee heard about the American Heart Association’s initiative to make automated external defibrillators readily available throughout the United States and how, as of March, 2000, 45 states had enacted some form of legislation regulating these medical devices. 44 An automated external defibrillator (AED) is a device that analyzes heart rhythms and delivers an electric current to the heart if the heart has suffered a sudden cardiac arrest or is in ventricular fibrillation, restarting the heart and restoring it to normal rhythm. When a person is in ventricular fibrillation or is in cardiac arrest, the person is, for all intents and purposes, dead. There are two types of AEDs; one analyzes the heart rhythm and then informs the human operator to push a button giving the victim the electrical shock, the other requires no human intervention. The Committee saw demonstrations of AEDs and the "dumb" defibrillators, now used in hospitals and on many ambulances, which require the operator to interpret the heart rhythms and decide whether or not to deliver the electric shock. The Committee heard from persons who survived sudden cardiac arrest because of the availability of an AED and the family of a young girl who might have survived, but for the absence of an AED at a sporting event. The Committee heard about the availability of AEDs and other life support systems throughout the State and about the licensing of emergency health care providers. A working group was established involving all of the interested parties and after several lengthy meetings developed the proposed legislation to encourage the placement of AEDs. The proposed legislation clarifies that the person actually using the AED is covered by the existing "first aid" liability exemption; that the entity placing the AED would be exempt from liability if there was a training program; that the entity providing the training would be exempt from liability; and that the physician signing a prescription for the placement of an AED would be exempt from liability. The bill also makes it clear that it is not the intention of the General Assembly to mandate or require the placement of AEDs making that placement the accepted standard of medical care in North Carolina. The bill provides that the placement of AEDs should be encouraged but remain totally voluntary. The Committee is recommending the following legislation: A BILL TO BE ENTITLED AN ACT TO LIMIT LIABILITY WHEN A PERSON USES AN AUTOMATED EXTERNAL DEFIBRILLATOR TO RENDER EMERGENCY HEALTH CARE TREATMENT TO ATTEMPT TO SAVE THE LIFE OF A PERSON WHO IS IN OR WHO APPEARS TO BE IN CARDIAC ARREST. STATE TORT LIABILITY AND IMMUNITY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. James W. Crawford, Jr. 509 College Street Oxford, NC 27565 (919) 693-6119 Pro Tem’s Appointments Speaker’s Appointments Sen. Brad Miller, Cochair 2306 Beechridge Road Raleigh, NC 27608 (919) 881-9609 Rep. Martin L. Nesbitt, Jr., Cochair 29 N. Market Street, 7th Floor Asheville, NC 28801 (828) 252-0490 Sen. Robert Carpenter 29 Admiral Drive Franklin, NC 28734 (828) 524-5009 Rep. R. Phillip Haire PO Box 248 Sylva, NC 28779 (828) 586-1765 Mr. Jerry Harris PO Box 367 LaGrange, NC 28551 Rep. Joe L. Kiser PO Box 47 Vale, NC 28168 (704) 462-1590 45 Mr. Eric Newman Sr. Vice Pres., & General Counsel Bojangles Restaurants, Inc. PO Box 240239 Charlotte, NC 28224 Rep. Ronnie N. Sutton PO Box 787 Pembroke, NC 28372 (910) 521-4797 Hon. Jerry Tillett PO Box 1761 Manteo, NC 27954 Rep. Trudi Walend 112 Ridgewood Place Brevard, NC 28712 (828) 884-9314 Staff Clerk Mr. Walker Reagan Ms. Jan Lee Ms. Wendy Graf Mr. Frank Folger (919) 733-5872 Ms. Trina Griffin Research Division (919) 733-2578 State Tort Liability and Immunity The State Tort Liability and Immunity Committee met four times. The Committee discussed the various legal concepts associated with governmental liability and immunity including the Tort Claims Act, the Duty to Defend State Employees, the public duty doctrine, and the liability of local governments. The Committee focused on whether the State Tort Claims limit should be raised from its current limit of $150,000. After hearing from people injured by the negligence of a state employee, the Department of Insurance, the Attorney General’s Office, and reviewing the laws of other states, the Committee concluded that the current Tort Claims limit was inadequate to cover the some of the significant damages caused by the State and that the Tort Claims limit should be raised. The Committee also found that many state agencies could not afford to pay the liability in excess of $150,000 per claim. The Committee decided to recommend a bill to raise the State’s liability for torts committed by its employees from $150,000 to $500,000 per claim. The bill also provides that individual State agencies would continue to be responsible for the first $150,000 of damages as provided under current law, but damages in excess of $150,000 are to be paid from the State Excess Liability Fund created by this bill. The bill appropriates $2.64 million to this Fund for FY 2000-2001. The Committee intends to continue its study of other State and local government liability and immunity issues following the 2000 Regular Session. Based on its findings and recommendations, the State Tort Liability and Immunity Study Committee recommends the following bill to the 2000 Regular Session of the General Assembly: A BILL TO BE ENTITLED AN ACT TO INCREASE THE STATE TORT CLAIM LIMIT AND STATE LIABILITY UNDER THE DUTY TO DEFEND STATE EMPLOYEES LIABILITY AND TO PROVIDE FOR THE FUNDING OF STATE TORT LIABILITY CLAIMS IN EXCESS OF $150,000. This bill would raise the State Tort Claims limit from $150,000 to $500,000 per claim and would create the State Excess Liability Fund to cover the liability per claim in excess of $150,000. 46 SALE OF STRUCTURED SETTLEMENTS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. James W. Crawford, Jr. 509 College Street Oxford, NC 27565 (919) 693-6119 Pro Tem’s Appointments Speaker’s Appointments Rep. J. William Hurley, Cochair PO Box 714 Fayetteville, NC 28302 (910) 483-6210 Rep. Daniel Blue, Jr. PO Box 1730 Raleigh, NC 27602 (919) 833-1931 Rep. Robert Hensley, Jr. 702 West Jones Street Raleigh, NC 27603 (919) 743-0012 Rep. Joe Kiser PO Box 47 Vale, NC 28168 (704) 462-1590 Rep. Richard Moore 820 Evergreen Avenue Kannapolis, NC 28081 (704) 938-2082 Rep. Gregory Thompson PO Box 574 Spruce Pine, NC 28777 (828) 765-1998 47 VII. COASTAL ISSUES GROUPING COASTAL BEACH MOVEMENT, BEACH RENOURISHMENT AND STORM MITIGATION COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 Pro Tem’s Appointments Speaker’s Appointments Mr. Raymond Sturza, II Planning Director, Dare County PO Box 1000 Manteo, NC 27953 Rep. Nurham O. Warwick, Cochair 402 Fox Lake Drive Clinton, NC 28328 (910) 592-4807 Mr. Ed Booker, President MediaLinks PO Box 4525 Greensboro, NC 27404-4525 The Honorable Joan Altman Mayor of the Town of Oak Island PO Box 1317 Oak Island, NC 28465 Ms. Emily Farmer 9920 Bluff Road Emerald Isle, NC 28594 Mr. A.C. Hall PO Box 310 Pine Knoll Shores, NC 28512 Dr. John Fisher, Ph.D. 105 White Oak Chapel Chocowinity, NC 27817 Mr. Kenneth Harris PO Box 27 Williston, NC 28589 Mr. Carl Huff PO Box 129 Harkers Island, NC 28531 Rep. Daniel F. McComas 1717 Softwind Way Wilmington, NC 28403 (910) 343-8372 Mr. Earl Johnson, Jr. Southern Industrial Instructors 6101 Triangle Drive Raleigh, NC 27613-4717 Rep. John M. Rayfield 119 Oak Trail Belmont, NC 28012 (704) 827-2679 Sen. R. L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Rep. E. David Redwine PO Box 283 Shallotte, NC 28459 (910) 754-4326 Sen. Robert Shaw PO Box 8101 Greensboro, NC 27419 (336) 855-7533 Rep. Ronald L. Smith 103 Gloucester Court Newport, NC 28570 (252) 726-7933 Mr. Sterling Webster PO Box 2716 Kill Devil Hills, NC 28512 Rep. Scott E. Thomas PO Box 12530 New Bern, NC 28561 48 (252) 633-6868 Staff Clerk Ms. Barbara Riley Research Division (919) 733-2578 Ms. Kathy Davis (919) 733-5653 Ms. Emily Johnson Bill Drafting (919) 733-6660 Coastal Beach Movement, Beach Renourishment, and Storm Mitigation The Legislative Research Commission’s Coastal Beach Movement, Beach Renourishment, and Storm Mitigation Study Committee met three times from January through April of 2000. The Committee heard detailed presentations on the extent and nature of beach erosion problems in North Carolina, current administrative and legislative policies that affect beach erosion issues and the economic impact of the beaches on the State’s economy. The Commission also heard detailed presentations on Florida’s beach management program and erosion control activities permitted in the state. The Committee is not making a report to the 2000 Session of the General Assembly, but plans to resume its deliberations at the conclusion of the 2000 Session and will report to the 2001 Session of the General Assembly. PEDESTRIAN FERRY SERVICES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 Pro Tem’s Appointments Speaker’s Appointments Rep. William C. Owens, Jr., Cochair PO Box 537 Elizabeth City, NC 27907 (252) 335-1850 Rep. William T. Culpepper, III PO Box 344 Edenton, NC 27932 (252) 482-2175 Rep. Jean R. Preston 211 Pompano Drive Emerald Isle, NC 28594 (252) 354-6993 Rep. Ronald L. Smith 103 Gloucester Court Newport, NC 28570 (252) 726-7933 Rep. William L. Wainwright PO Box 941 49 Havelock, NC 28532 (252) 633-2422 CAPITAL INCENTIVE PROGRAM FOR TOURISM COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 Pro Tem’s Appointments Speaker’s Appointments Sen. Stephen M. Metcalf, Cochair PO Box 1694 Asheville, NC 28804 (828) 232-1998 Rep. Beverly M. Earle, Cochair 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Mr. Joseph Randolph Fluharty, Jr. One North Pack Square Asheville, NC 28801 Rep. Daniel W. Barefoot PO Box 158 Lincolnton, NC 28092 (704) 735-5817 Sen. John A. Garwood 452 Mark Lane North Wilkesboro, NC 28659 (336) 838-5378 Rep. Zeno L. Edwards, Jr. 212 Riverside Drive Washington, NC 27889 (252) 946-3714 Mrs. Elsie Griggs Pugh 172 Shipyard Road Camden, NC 27921 Mr. Mohammad Jenatian 6532 Montezuma Trail Charlotte, NC 28227 Mr. Richard Y. Tharrington President, First Carolina Management, Inc. PO Box 7246 Rocky Mount, NC 27804 Ms. Carolyn Lohr Carteret County Tourism Development Bureau PO Box 1406 Morehead City, NC 28557 Sen. Ed N. Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Rep. R. Eugene Rogers 908 Woodlawn Drive Williamston, NC 27892 (252) 792-6354 Staff Clerk Ms. Trina Griffin Ms. Karen Cochrane-Brown Research Division (919) 733-2578 Ms. Nancy Pulley (919) 733-5655 Capital Incentive Program for Tourism Committee The Capital Incentive Program for Tourism Committee has not yet met and is not making a report to the 2000 Session. 50 51 VIII. LABOR AND STATE CONSTRUCTION GROUPING EMPLOYMENT SECURITY AND UNEMPLOYMENT INSURANCE TAX COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Linda D. Garrou PO Box 11843 Winston-Salem, NC 27116 (336) 922-4192 Pro Tem’s Appointments Speaker’s Appointments Sen. John Kerr, III, Cochair PO Box 1616 Goldsboro, NC 27533 (919) 734-1841 Rep. E. David Redwine, Cochair PO Box 283 Shallotte, NC 28459 (910) 754-4326 Ms. Tonola Brown Lucent Technologies, Inc. PO Box 20046 Greensboro, NC 27420-0046 Rep. Pete Cunningham 3121 Valleywood Place Charlotte, NC 28216 (704) 394-0919 Sen. Virginia Foxx 11468 Highway 105 Banner Elk, NC 28604 (828) 963-5025 Rep. Pryor Gibson 717 Mountford Avenue Raleigh, NC 27603 (919) 872-8198 Sen. Oscar Harris PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Alex Warner 212 S. Main Street Hope Mills, NC 28348 (910) 424-5350 Sen. David Hoyle PO Box 2494 Gastonia, NC 28053 (704) 867-0822 Rep. Connie Wilson 726 Lansdowne Road Charlotte, NC 28270 (704) 364-2311 Staff Clerk Mr. Bill Gilkeson Ms. Peggy Anne Hogan Research Division (919) 733-5850 (919) 733-2578 Mr. Dave Crotts Ms. Jennifer Hoffman Fiscal Research (919) 733-4910 Employment Security and Unemployment Insurance Tax Committee The Employment Security and Unemployment Insurance Tax Committee met two times. At the first meeting the Committee heard presentations from the Employment Security Commission staff. The presentations dealt with the status of the unemployment insurance fund balance and challenges facing ESC during the upcoming year. At the second meeting the Committee received testimony from North Carolina 52 Citizens for Business and Industry (NCCBI) and from the North Carolina chapter of the National Federation of Independent Business regarding unemployment tax issues. The Committee plans to meet one or two times in the fall in case recommendations are needed for the 2001 legislative session. At these meetings, the Committee will continue to discuss the sufficiency of the unemployment insurance trust fund balance, whether alternative tax rate adjustment triggers should be used in cases in which the fund balance becomes too large or too small, and the implementation of the 1999 legislation creating funding for worker training initiatives under the community college system and ESC reemployment efforts. In addition, the Committee chairs will send a letter to the President Pro-Tem of the Senate and the Speaker of House requesting the some type of permanent interim committee arrangement be adopted in order to provide continuity in legislative oversight of the status of the unemployment insurance trust fund. STATE GOVERNMENT CONSTRUCTION REVIEW AND APPROVAL COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Linda D. Garrou PO Box 11843 Winston-Salem, NC 27116 (336) 922-4192 Pro Tem’s Appointments Speaker’s Appointments Mr. James Boniface, Cochair Rep. Douglas Y. Yongue, Cochair 8001 Arrowridge Boulevard 604 Prince Street Charlotte, NC 28273-5665 Laurinburg, NC 28352 (910) 276-1727 Sen. R. L. Martin Rep. John D. Bridgeman PO Box 387 605 South New Hope Road Bethel, NC 27812 Gastonia, NC 28054 (252) 825-4361 (704) 868-4188 Sen. Steve Metcalf Rep. Leslie Cox PO Box 1694 PO Box 3001 Asheville, NC 28802 Sanford, NC 27331-3001 (828) 232-1998 (919) 718-1998 Mr. Cleve Paul Rep. Andrew T. Dedmon President, D. S. Simmons, Inc. 331 South Washington Street PO Box 287 Shelby, NC 28150 Goldsboro, NC 27533-0287 (704) 487-7272 Sen. Aaron Plyler Rep. Robert M. Gillespie 2170 Concord Avenue 163 Lake Tahoma Road Monroe, NC 28110 Marion, NC 28752 (704) 289-3541 (828) 724-9185 Mr. Willy Stewart PO Box 12054 Research Triangle Park, NC 27709 Staff Clerk Ms. Wendy Graf Ms. Lorraine Blake 53 Research Division (919) 715-0690 (919) 733-2578 State Government Construction Review and Approval Process Committee The State Government Construction Review and Approval Process Committee met once. At the meeting, the Committee reviewed the work of the 1998 State Government Construction Review and Approval Process Committee. The Committee then heard from the Director of the State Construction Office who gave an overview of the current state construction review and approval process. Representatives of the State Construction Office then presented updates to the Committee on the two major initiatives they have addressed since the 1998 study. The presentations detailed changes made to the OC-25 submittal and approval process and the introduction of a new computer software program that tracks state construction projects as they move through the review, approval, and construction processes. Due to the complex nature of the state construction process and the number of significant operational issues that need to be addressed, the Committee plans to continue meeting after the 2000 Session of the General Assembly. The Committee will not report to the 2000 Session, but will continue its work and report to the 2001 Session of the General Assembly with any relevant recommendations. 54 55 IX. CRIMINAL LAWS GROUPING CAPITAL PUNISHMENT – MENTALLY RETARDED AND RACE BASIS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Pro Tem’s Appointments Speaker’s Appointments Sen. Frank Ballance, Jr., Cochair 523 Legislative Office Bldg. Raleigh, NC 27601-2808 (919) 715-3032 Rep. Ronnie N. Sutton, Cochair PO Box 787 Pembroke, NC 28372 (910) 521-4797 Mr. James Coleman PO Box 90360 Durham, NC 27708 Rep. Rick L. Eddins 1504 Stratlen Court Raleigh, NC 27615 (919) 554-1994 Sen. Charlie Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. Milton F. Fitch, Jr. 615 E. Nash Street Wilson, NC 27893 (252) 291-6500 Sen. Hamilton Horton 328 North Spring Street Winston-Salem, NC 27101 (336) 773-1324 Rep. Paul Luebke 1507 Oakland Avenue Durham, NC 27705 (919) 286-0269 Sen. Larry Shaw PO Box 1195 Fayetteville, NC 28302 (910) 323-5303 Rep. Carolyn B. Russell 304 Glen Oak Drive Goldsboro, NC 27534 (919) 736-2665 Ms. Mary Sutton 1207 Woodberry Road Kinston, NC 28501 Staff Clerk Ms. Brenda Carter Ms. Irma Avent Ms. Susan Hayes Mr. Al Andrews (919) 715-3032 Research Division (919) 733-2578 Ms. Myra Torain Bill Drafting (919) 733-6660 56 Capital Punishment—Mentally Retarded and Race Basis Committee The Committee met three times. At its first meeting, the Committee reviewed the two bills introduced in the 1999 Session that were referred to the Committee as part of its charge - Senate Bill 334 (Prohibiting Death Sentence for Mentally Retarded Persons) and Senate Bill 991 (Prohibiting Death Sentence Obtained on Basis of Race). The Committee received testimony from representatives of the Criminal Division of the Attorney General’s office and from the office of the Appellate Defender. At the second meeting, the Committee focused on the issue of mental retardation and the death penalty. The Committee heard from trial attorneys as well as psychologists and various mental health professionals, including representatives of the NC Psychological Association, the American Association on Mental Retardation and the Association for Retarded Citizens. At the third meeting, the committee focus was on the issue of race as a factor in capital cases. The Committee heard from attorneys and legal scholars, and received information regarding various studies that have been done in North Carolina and in other states. At each meeting the Committee has received public comment, and interested parties have been provided an opportunity to be heard on the issues. The Committee will continue its work following the 2000 Session of the General Assembly and will make a full report to the 2001 Session of the General Assembly. BAIL BOND LAWS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Pro Tem’s Appointments Speaker’s Appointments Senator Dan Robinson, Cochair PO Box 115 Cullowhee, NC 28723 (828) 293-9427 Rep. William Culpepper, III, Cochair PO Box 344 Edenton, NC 27932 (252) 482-2175 The Honorable Ann M. Calabria PO Box 351 Raleigh, NC 27602 Rep. Walter Church PO Box 760 Valdese, NC 28690 (828) 874-2141 Mr. Robert Brown, Jr. 611 Pharlap Lane Bahama, NC 27503 Rep. Joe Kiser PO Box 47 Vale, NC 28168 (704) 462-1590 Mr. James R. Lawrence, Jr. 405 E. Market Street Smithfield, NC 27577 Rep. Paul McCrary 310 Westover Drive Lexington, NC 27292 (336) 249-9285 Senator Fountain Odom 1515 Elizabeth Avenue Charlotte, NC 28204 (704) 377-7333 Mr. Michael Scofield 4900 Hadrian Way Charlotte, NC 28211 The Honorable C. Colon Willoughby, Jr. PO Box 31 Raleigh, NC 27602 Rep. Scott Thomas PO Box 12530 New Bern, NC 28561 57 (252) 633-6868 Staff Clerk Mr. Al Andrews Ms. June Kendall Research Division (919) 733-2578 (919) 733-3460 Ms. Marilyn Chism Fiscal Research (919) 733-4910 Bail Bond Laws Committee The Bail Bond Laws Committee held three meetings. At the first meeting the Committee heard from Tom Andrews of the Administrative Office of the Courts (AOC) who presented an overview of bail bond laws in North Carolina. He addressed problems in the bail system and ways to better assure that criminal defendants appear in court when required to do so. The Committee also heard from three other speakers who explained problems they saw in bail bonds statutes and the system these statutes regulate. At the second meeting, the Committee heard from several speakers with expertise in the area of pretrial release in North Carolina. Presented topics included: an overview of pretrial detention and release programs; successes and funding needs of various pretrial release programs; and suggestions for improvements to the system. Committee Co-Chair, Rep. Culpepper, charged the various interested parties to meet outside the committee meetings to identify issues and make suggestions for legislative improvements. At the third meeting, the Committee heard from Tom Andrews of AOC who reported the progress of the interested parties working group and presented the result of their efforts -- a proposed bill to modernize and simplify bail bond forfeiture statutes. Several interested parties spoke and acknowledged their support of the bill’s language. One other bill was introduced and explained. This bill would create a first year apprenticeship program for bail bondsmen and upgrade criminal punishments for those who violate bail bond laws. At this meeting the Committee also approved the report to the Legislative Research Commission. Based on the Committee's findings and recommendations, the Bail Bond Laws Committee recommends the following bills to the 2000 General Assembly: A BILL TO BE ENTITLED AN ACT TO REQUIRE SUPERVISION OF FIRST YEAR BAIL BONDSMEN AND RUNNERS; TO MAKE IT A CLASS I FELONY FOR A PERSON TO ACT AS A RUNNER OR BAIL BONDSMAN WITHOUT OBTAINING AND MAINTAINING THE REQUIRED LICENSE OR FOR A BONDSMAN TO KNOWINGLY AND WILLFULLY FAIL TO RETURN ANY COLLATERAL SECURITY VALUED AT MORE THAN $1500; TO REQUIRE THAT COLLATERAL SECURITY IN THE FORM OF CASH OR NEGOTIABLE INSTRUMENTS BE HELD IN TRUST ACCOUNTS; TO PROVIDE FOR THE DISPOSITION OF OUTSTANDING BAIL BOND OBLIGATIONS UPON THE DEATH OR TERMINAL ILLNESS OF A BAIL BONDSMAN; AND TO INCREASE THE MINIMUM SECURITIES DEPOSIT REQUIRED OF PROFESSIONAL BONDSMEN This bill is designed to increase professional within the bail bonding industry by creating what is in effect a one year apprenticeship program for new bail bondsmen and runners. Along those lines this bill requires that collateral pledged as security for a bail bond be held and maintained in trust and that a greater securities deposit be made by professional bondsmen to the Department of Insurance. This bill addresses what should to occur with a bondsman’s business when the bondsman become terminally ill or dies. Finally, this bill increases the criminal punishment to the felony level for violations of certain bail bond laws. The bill’s effective date is October 1, 2000. 58 A BILL TO BE ENTITLED AN ACT TO MODERNIZE THE BAIL BOND FORFEITURE PROCEEDINGS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION’S BAIL BOND LAWS COMMITTEE. This bill modernizes and simplifies existing bail bond forfeiture language by rewriting much of G.S. §15A-544. The goal is to make the rules and procedures clearer to understand and therefore allow the process to run smoother. This bill lays out the procedures for entry and notice of a provisional judgment of bail forfeiture; the rules for when the judgment becomes final and docketed; and the procedures to follow to seek relief from or appeal a final judgment of forfeiture. The bill’s effective date is January 1, 2001. JUVENILE CRIME AND DELINQUENCY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Pro Tem’s Appointments Speaker’s Appointments Sen. Charles N. Carter, Jr., Cochair PO Box 131 Asheville, NC 28802 (828) 252-6831 Rep. Paul R. McCrary, Cochair 310 Westover Drive Lexington, NC 27292 (336) 249-9285 Sen. Robert C. Carpenter 29 Admiral Drive Franklin, NC 28734 (828) 524-5009 Rep. Joanne W. Bowie 106 Nut Bush Road, East Greensboro, NC 27410 (336) 294-2587 Sen. Kay R. Hagan 305 Meadowbrook Terrace Greensboro, NC 27408 (336) 379-8721 Ms. Katherine Marie Boyette Executive Director The Arc of High Point PO Box 355 High Point, NC 27261 Mr. Drew King, Sr. 706 Red Carriage Avenue Durham, NC 27704 Rep. Milton F. Fitch, Jr. 615 East Nash Street Wilson, NC 27893 (252) 243-5967 Sen. McDaniel Robinson PO Box 115 Cullowhee, NC 28723 (828) 293-9427 Rep. W. James Horn 810 Polkville Road Shelby, NC 28150 (704) 487-9420 The Honorable Paul S. Smith 114 North Milford Drive Salisbury, NC 28144 Rep. Warren C. Oldham 3211 Cumberland Road Winston-Salem, NC 27105 (336) 767-6936 Mr. Jerry Tillett PO Box 1761 Manteo, NC 27954 Rep. Scott E. Thomas PO Box 12530 New Bern, NC 28561 59 (252) 633-6868 Staff Clerk Ms. Susan Hayes Ms. Susan Moore Research Division (919) 733-5664 (919) 733-2578 Juvenile Crime and Delinquency Committee The Juvenile Crime and Delinquency Committee held two meetings. The first meeting was held at C.A. Dillon training school in Butner, NC. At that meeting, the members toured the facility and heard from the Office of Juvenile Justice (OJJ) on various issues that OJJ feels need to be addressed to improve the juvenile system. The Committee also discussed the need for prevention and early intervention programs for juveniles. At the second meeting, the Committee reviewed and approved an interim report to the LRC. The Committee will continue its work following the 2000 Session of the General Assembly and will submit a final report to the 2001 Session of the General Assembly. The Juvenile Crime and Delinquency Committee recommends the following bill to the 2000 General Assembly: AN ACT TO ESTABLISH PILOT PROGRAMS FOR THE USE OF ALTERNATIVE LEARNING PROGRAMS AND JUVENILE DAY REPORTING CENTERS AS A REQUIRED PLACEMENT FOR SUSPENDED STUDENTS. This bill would require the Department of Public Instruction (DPI), in cooperation with the Office of Juvenile Justice, to establish four pilot programs which place suspended students in supervised programs, such as alternative learning programs or juvenile day reporting centers, during the term of the suspension. DPI and OJJ would develop the pilots and report to the 2002 Session of the General Assembly on the implementation of the programs. 60 61 X. GOVERNMENT RECORDS AND TELEPHONE SOLICITATION GROUPING CENTRAL REGISTRY FOR LIVING WILLS AND ORGAN DONATIONS COMMITTEE Authority: S.B. 1999-395, HB 135 LRC Member Rep. Stephen W. Wood PO Box 5172 High Point, NC 27262 (336) 883-9663 Pro Tem’s Appointments Speaker’s Appointments Sen. Luther Jordan, Jr., Cochair PO Box 930 Wilmington, NC 28402 (910) 763-2441 Rep. Stan Fox, Cochair 123 Pine Cone Drive Oxford, NC 27565 (919) 693-6449 Mr. Lyman Hardee 3180 Portertown Road Greenville, NC 27858 Rep. Daniel W. Barefoot PO Box 158 Lincolnton, NC 28092 (704) 735-5817 Ms. Desiree Hillard PO Box 2694 Huntersville, NC 28070 Rep. Howard Hunter PO Box 506 Murfreesboro, NC 27855 (252) 398-5630 Dr. John W. Steele Pitt County Memorial Medical Hospital East Carolina Neurology Department 2501 Stantonburg Road Greenville, NC 27834 Rep. Jean Preston 211 Pompano Drive Emerald Isle, NC 28594 (252) 354-6993 Sen. Hugh Webster PO Drawer W Yanceyville, NC 27379 (336) 694-6675 Rep. Gene Wilson 881 Queen Street Boone, NC 27607 (828) 264-5365 Staff Clerk Mr. Canaan Huie Ms. Mary Capps Bill Drafting (919) 733-6660 (919) 733-5757 Central Registry for Living Wills and Organ Donors The Central Registry for Living Wills and Organ Donors met two times. At the first meeting, the committee heard an overview of current law regarding living wills, organ donors, and health care powers of attorney from committee counsel and heard a briefing regarding technical issues involved with creating and maintaining an online registry by Dennis McCarty of the Information Systems Division of the General Assembly. Additionally, representatives of the North Carolina Bar Association, the Carolina Organ Procurement Agency, the North Carolina Medical Society, and the North Carolina Hospital Association addressed the committee about the establishment of a statewide registry. At the second meeting, the committee heard a presentation by a representative of Hospice for the Carolinas. The committee devoted the remainder of the second meeting to discussion of the registry and to 62 the development of a plan regarding the registry. The committee decided to recommend that a central registry for living wills, health care powers of attorney, and organ donors be established. The committee decided that a reproduction of the particular document should be entered into the registry by a designated State agency and that the registry should be available online to a limited number of individuals. Registration of a document with the registry would not affect the validity of the document or of a subsequent revocation of that document. However, a health care provider would have civil and criminal immunity for good-faith reliance upon information obtained from that registry. There were several issues that were not decided at the second meeting. The committee will address these issues at one or more meetings after the Short Session. Specifically, the committee still needs to decide the following issues: 1. Which agency should have responsibility for maintaining and entering information into the registry. 2. What are appropriate fees for entering information into the registry. 3. What are appropriate timelines for entering information into the registry. 4. How should access to the registry be limited in order to maintain confidentiality while allowing all concerned individuals access to part or all of the registry. The committee is not making an interim report to the 2000 Session of the General Assembly. The committee plans to continue its work following the 2000 Session of the General Assembly and plans to make a final report to the 2001 General Assembly. The committee plans to recommend legislation creating a statewide registry as part of its final report. DIGITIZATION OF PUBLIC RECORDS BY STATE ARCHIVES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Stephen W. Wood PO Box 5172 High Point, NC 27262 (336) 883-9663 Pro Tem’s Appointments Speaker’s Appointments Mr. David Ferriero, Cochair Duke University Librarian & Vice Provost for Library Affairs PO Box 90193 Durham, NC 27708 (919) 660-5800 Rep. Margaret M. Jeffus, Cochair 1801 Rolling Road Greensboro, NC 27403 (336) 275-4762 Mr. Holt Anderson 17 Chancery Place Durham, NC 27707-5001 Rep. Daniel W. Barefoot PO Box 158 Lincolnton, NC 28092 (704) 735-5817 Mr. Herman Ferguson 600 Chad Street Rocky Mount, NC 27804 Ms. Patsy Dwiggins 209 Nordwin Drive Winston-Salem, NC 27104 Sen. Eleanor Kinnaird PO Box 25397 Raleigh, NC 27611 (919) 856-2200 Rep. Jim Gulley 648-B Matthews-Mint Hill Road Matthews, NC 28105 (704) 845-2084 Mr. B. Perry Morrison PO Box 279 Rep. Gregory J. Thompson PO Box 574 63 Wilson, NC 27894-0279 Spruce Pine, NC 28777 (828)765-1998 Sen. Hugh Webster PO Drawer W Yanceyville, NC 27379 (336) 694-6675 Mr. Kevin Cherry, Historian Rowan County Public Library PO Box 4039 Salisbury, NC 28145-4039 Staff Clerk Ms. Michele Nelson Ms. Mary Lee Robinson Fiscal Research (919) 733-5191 (919) 733-4910 Mr. Dennis McCarty Information Systems Division (919) 733-6834 Digitization of Public Records by State Archives The Legislative Research Commission’s (LRC) on Digitization of Public Records by State Archives met four times to study issues relating to the digitization of public records. The primary focus of the Committee during the 1999-2000 interim was that of fact finding and information gathering. The Committee received significant information in terms of both content and volume relative to the status of the State’s public records system, the requirements of some of the users of the system; and an on-site assessment of the digitized public records system in the State of Virginia. However, there was not sufficient time to complete this research prior to the 2000 Short Session. More extensive work and exploration of issues are planned for the 2000-01 interim. In its findings the Committee identified the following issues or areas: Findings 1) Paper and microfilm continue to offer a more permanent means of maintaining public records. Digitization is a medium for access but not for preservation, and a plan to address public records storage is essential to preservation of archival documents. 2) The massive volumes of information held in depositories statewide necessitate development of consistent standards for both organization and description of information and Internet access that follows the old-fashioned library cataloging system; and preparation of a workable plan for access, i.e. digitization. 3) The Division of Archives and History needs to resume the input of data into the Manuscript and Archives Reference System (MARS), the primary finding-aid for archival information. Recommendation The LRC on Digitization of Public Records by State Archives should continue its research of digitized public records systems, and develop a plan with recommendations for digitization of North Carolina’s public records and for implementation of the system in the future. TELEPHONE SOLICITATION COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Stephen W. Wood PO Box 5172 High Point, NC 27262 (336) 883-9663 64 Pro Tem’s Appointments Speaker’s Appointments Rep. Gordon Allen, Cochair PO Box 100 Roxboro, NC 27573 Sen. David Weinstein, Cochair 206 W. 31st Street Lumberton, NC 28358 (910) 739-3048 (336) 599-2175 Rep. Pryor Gibson 207 Lakewood Circle Troy, NC 27371 Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 (919) 872-8198 Rep. Jim Gulley 2009 Kimway Drive Matthews, NC 28105 Sen. Charles N. Carter, Jr. PO Box 131 Asheville, NC 28802 (828) 252-6931 (704) 845-2084 Rep. Edith Warren PO Box 448 Farmville, NC 27828 Sen. Linda Garrou 3910 Camerille Farm Road Winston-Salem, NC 27106 (336) 922-4192 (252) 753-4198 Sen. Jeanne Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Rep. Jennifer Weiss 303 Tibbetts Rock Drive Cary, NC 27513 (919) 678-1367 Sen. Dan Robinson PO Box 115 Cullowhee, NC 28723 (828) 293-9427 Rep. Eugene Wilson 881 Queen Street Boone, NC 28607 (828) 264-5365 Mr. Robert Warren 2186 NC 242 Hwy. North Benson, NC 27504 Staff Clerk Mr. Sean Dail Ms. Lillie Pearce Bill Drafting (919) 733-5662 (919) 733-6660 Ms. Esther Manheimer Research Division (919) 733-2578 Telephone Solicitation Committee The Committee on Telephone Solicitation held three meetings. At the first meeting the Committee studied HB 1080 (Telephone Solicitation). The Committee heard a bill explanation from staff. In addition the Attorney General’s Office, the Secretary of State’s Office and stakeholders commented on the bill. At the second meeting, Representative Allen introduced a bill that mirrors the federal law on telephone solicitation. Again, staff presented a bill summary and a member of the public, the Attorney General’s Office, the Secretary of State’s Office and stakeholders made comments concerning Representative Allen’s 65 bill. Staff was instructed to meet with the Attorney General’s staff to work on the bill and staff was also instructed to prepare a final report. At the third and final meeting the final report was adopted. Findings and Recommendations The Committee on Telephone Solicitation finds that the public interest requires the establishment of a mechanism under which the citizens of North Carolina can decide whether or not they wish to receive telemarketing calls in their homes. The Committee further finds that the rights to privacy and to commercial speech can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices. Based on the committee's findings and recommendations, the Committee on Telephone Solicitation recommends the following bill to the 2000 General Assembly: A BILL TO BE ENTITLED AN ACT TO PROVIDE CONSUMERS WITH CONTROL OVER TELEPHONE SOLICITATION CALLS TO THEIR HOMES. This bill (1) requires telephone solicitors doing business in this State to identify themselves when they call and inquire at the beginning of the call whether the person called consents to the solicitation; (2) requires telephone solicitors doing business in this State to remove residential telephone subscribers from their contact lists when those subscribers request to be removed; (3) limits telephone solicitations in this State to the hours of 8 a.m. to 9 p.m.; (4) prohibits telephone solicitors from blocking the transmission of Caller ID; and (5) directs the Utilities Commission to require local carriers to notify their residential subscribers of this new State law, of the federal laws pertaining to telephone solicitation, and of private industry programs allowing consumers to be placed on "do not call" lists. The notification would be placed at least once a year in all telephone bills sent to residential subscribers and conspicuously published in all telephone books. 66 67 XI. CONSUMER PROTECTION GROUPING CONSUMER PROTECTION COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Beverly M. Earle 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Pro Tem’s Appointments Speaker’s Appointments Sen. Daniel Clodfelter, Cochair 100 N. Tryon Street, 47th Floor Charlotte, NC 28202 (704) 331-1041 Rep. John W. Hurley, Cochair PO Box 714 Fayetteville, NC 28303 (910) 483-6210 Sen. Luther Jordan, Jr. PO Box 930 Wilmington, NC 28402 (910) 763-2441 Rep. Leslie Cox PO Box 3001 Sanford, NC 27331 (919) 718-1998 Sen. Eleanor Kinnaird PO Box 25397 Raleigh, NC 27611 (919) 856-2200 Mr. James Crawford, III 111 Edgewater Lane Henderson, NC 27536 Sen. William Martin PO Box 21325 Greensboro, NC 27601-2808 (336) 373-1530 Rep. Pryor Gibson 717 Mountford Avenue Raleigh, NC 27603 (919) 872-8198 Sen. Fountain Odom 1515 Elizabeth Avenue Charlotte, NC 28204 (704) 377-7333 Rep. Gregg Thompson PO Box 574 Spruce Pine, NC 28777 (828) 765-1998 Sen. Robert Shaw PO Box 8101 Greensboro, NC 27419 (336) 855-7533 Rep. Larry Womble 1294 Salem Lake Road Winston-Salem, NC 27107 (336) 784-9373 Staff Clerk Ms. Karen Cochrane-Brown Ms. Melissa Riddle Research Division (919) 733-5601 (919) 733-2578 Consumer Protection Committee The Consumer Protection Committee met five times prior to the 2000 Regular Session of the 1999 General Assembly. At its first meeting, the Committee heard a report on the role of the Office of Commissioner of Banks in supervising certain lenders and providing consumer protection, presented by Reitzel Deaton, Consumer Finance Administrator in the Office of Commissioner of Banks. The second meeting was devoted to a review of concerns under the Consumer Finance Act. The Committee heard from 68 industry representatives, consumer representative and the Attorney General’s Office. The third meeting focused on Check Cashers. The Committee heard from a representative of the North Carolina Check Cashers Association, and representatives from several consumer groups, as well as the Attorney General’s Office. At the fourth meeting, the Committee resumed discussions relating to the Consumer Finance Act. The Committee considered a legislative proposal advanced by the industry. After a discussion, the Committee agreed to include the proposal in its interim report, with some modifications. At its final meeting, the Committee approved the interim report to be submitted to the Legislative Research Commission. The Committee recommends the following bill to the 2000 Session of the 1999 General Assembly: A BILL TO BE ENTITLED AN ACT TO REVISE THE APPLICABLE INTEREST RATES ON LOANS MADE PURSUANT TO THE CONSUMER FINANCE ACT UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH A LOAN PROCESSING FEE FOR CERTAIN LOANS, TO ALLOW BORROWERS TO CANCEL LOANS UNDER CERTAIN CIRCUMSTANCES, TO ALLOW LENDERS TO CHARGE A LATE PAYMENT PENALTY UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE DISCLOSURE ON SOLICITATION OF LOANS BY FACSIMILE OR NEGOTIABLE CHECKS, AND TO ALLOW LENDERS TO MAINTAIN CERTAIN RECORDS IN THE FORM OF OPTICAL IMAGE DISKS. This bill amends the Consumer Finance Act to eliminate the current blended interest rate structure for optional rate lenders and replace it with a step rate structure. It also authorizes optional rate lenders to charge a loan processing fee and late payment penalty. The bill also proposes to allow borrowers to cancel loans under certain circumstances and requires additional disclosure on solicitation of loans by facsimile or negotiable checks. With regard to the Check Cashers Act, the Committee recommends that the General Assembly not take any action to amend the Act until the 2001 Session, when it will receive the Commissioner of Banks report. The Committee further recommends that the Attorney General’s Office be requested to review the Commissioner’s report and make any recommendations it deems appropriate. CREDIT INSURANCE AND MORTGAGE CREDIT COMMITTEE Authority: S.L. 1999-332, SB 1149 LRC Member Rep. Beverly M. Earle 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Pro Tem’s Appointments Speaker’s Appointments Sen. R.C. Soles, Jr., Cochair PO Box 6 Tabor City, NC 28463 (910) 653-2015 Rep. Walter Church, Sr., Cochair PO Box 760 Valdese, NC 28690 (828) 874-2141 Sen. Betsy Cochrane 122 Azalea Circle Advance, NC 27006 (336) 998-8893 Rep. Gordon Allen PO Box 100 Roxboro, NC 27573 (336) 599-2175 Mr. Roney Lamm, Jr. CitiFinancial 5400 Glenwood Avenue, Suite G-05 Raleigh, NC 27612 Rep. William Culpepper, III PO Box 344 Edenton, NC 27932 (252) 482-2175 69 Mr. Donald C. Lampe PO Box 21927 Greensboro, NC 27420 Rep. Andrew Dedmon PO Box 293 Earl, NC 28150 (704) 487-7272 Sen. Aaron Plyler 2710 Concord Avenue Monroe, NC 28110 (704) 289-1577 Rep. Jimmie Ford 2203-B Koonce Street Goldsboro, NC 27530 (919) 581-8726 Mr. Banks M. Wood 5523 Kelly Grange Place Charlotte, NC 28226 Rep. Edith Warren PO Box 448 Farmville, NC 27828 (252) 753-4198 Staff Clerk Ms. Karen Cochrane-Brown Ms. Susan Burleson Mr. Walker Reagan (919) 733-5746 Research Division (919) 733-2578 Credit Insurance and Mortgage Credit The Credit Insurance and Mortgage Credit Committee met four times. The Committee focused its considerations on the financing of credit insurance premiums and whether there were circumstances in which consumers would benefit form permitting a lender to finance credit insurance premiums, which practice will be prohibited by law beginning July 1, 2000. The Committee heard from the credit insurance industry, consumer groups, and the NC Attorney General’s Office. Based on information presented to it, the Committee found that financing of single premium credit insurance provides no benefits to consumers but that purchasing credit insurance on a monthly basis may be appropriate in some circumstances. The Committee also found that the language in the current law could be interpreted to mean that the only permissible credit insurance is credit insurance on which the premium is calculated monthly on the declining loan balance which could result in different payments each month. The Committee found that consumers would benefit if they had the option of paying level monthly premiums, so long as the premiums are not financed as part of the consumer home loan. The Committee decided to recommend a bill to clarify that premiums for credit insurance could be charged, collected, and paid only on a monthly basis for the term of the insurance coverage and could be charged on a level premium basis. Based on its findings and recommendations, the Credit Insurance and Mortgage Credit Committee recommends the following bill to the 2000 Regular Session of the General Assembly: A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CREDIT INSURANCE MAY BE PAID ON A LEVEL CHARGE MONTHLY BASIS WITHOUT VIOLATING THE LAW RELATING TO CONSUMER PROTECTIONS IN CERTAIN HOME LOANS. This bill would permit premiums for credit insurance on a consumer home loan to only be charged and paid on a monthly basis for the term of the coverage, and would permit the premium to be paid on a level-premium basis. The LRC at its meeting May 4, 2000 reviewed this Committee’s report and accepted it for transmittal to the 2000 Regular Session of the 1999 General Assembly. 70 PREDATORY LENDING COMMITTEE Authority: SL 1999-332, SB 1149 LRC Member Rep. Beverly M. Earle 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Pro Tem’s Appointments Speaker’s Appointments Rep. Nelson Cole, Cochair PO Box 2309 Reidsville, NC 27320 (336) 342-4223 Rep. Joanne Bowie 106 Nut Bush Road, East Greensboro, NC 27410 (336) 294-2587 Rep. Charles Buchanan 2919 Poplar Creek Road Green Mountain, NC 28740 (828) 688-3544 Rep. Alex Warner 212 South Main Street Hope Mills, NC 28348 (910) 424-5350 Rep. Larry Womble 1294 Salem Lake Road Winston Salem, NC 27107 (336) 784-9373 71 PART II. SUMMARIES OF REFERRALS TO AGENCIES AND EXISTING STUDY COMMISSIONS A. NORTH CAROLINA STUDY COMMISSION ON AGING Pro Tem’s Appointments Speaker’s Appointments Sen. William R. Purcell, Cochair 1301 Dunbar Drive Laurinburg, NC 28352 (910) 276-7328 Rep. Beverly M. Earle, Cochair 312 S. Clarkson Street Charlotte, NC 28202 (704) 333-7180 Ms. Kimberly D. Berry 2216 West Meadowview Road Suite 201 Greensboro, NC 27407 Ms. Roxanne Bragg-Cash 675 Sam Horton Road Louisburg, NC 27549 Sen. Charles Carter PO Box 131 Asheville, NC 28802 (828) 645-4221 Ms. Polly Godwin, RN 4605 Pleasant Grove Church Road Raleigh, NC 27613 Sen. Charlie S. Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. Verla Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Sen. James Forrester PO Box 459 Stanley, NC 28164 (704) 263-4716 Rep. Max Melton 220 Sandy Ridge West Monroe, NC 28112 (704) 764-3690 Mr. Ted W. Goins, Jr. Lutheran Home 1265 Twenty-First Street NE Hickory, NC 28606 Rep. Richard Moore 1014 Oakwood Avenue Kannapolis, NC 28081 (704) 938-2082 Sen. Oscar N. Harris PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Edith Warren PO Box 448 Farmville, NC 27828 (252) 753-4198 Ms. Betty Britt Rising 2302 Kenan Avenue Lumberton, NC 28358 Mr. Dean Wilson PO Box 814 Randleman, NC 27317 Staff Clerk Ms. Theresa Matula Mr. John Young Research Division (919) 733-2578 Ms. Ann Raeford (919) 733-5747 72 Immunization for Residents and Employees of Nursing Homes, Adult Care Homes and Adult Day Care Homes The Commission reviewed the topic of immunization for residents and employees of nursing homes, adult care homes and adult day care homes at several meetings with the help of Older Adults Immunization Program within the Department of Health and Human Services. Evidence presented suggests that morbidity and mortality can be very high among the elderly institutionalized population who contracts influenza and/or pneumoccal disease. A suggested strategy to combat these types of outbreaks is to require adult care home and nursing homes to ensure that residents and employees of nursing homes and adult care homes be immunized against influenza virus. Adult care homes and nursing homes should also ensure that residents be immunized against pneumoccal disease. Therefore, included within the North Carolina Study Commission’s Report to the 1999 General Assembly (2000 Regular Session) is a bill to implement these findings entitled: AN ACT TO REQUIRE THAT ADULT CARE HOMES AND NURSING HOMES ENSURE THAT RESIDENTS AND EMPLOYEES ARE IMMUNIZED AGAINST INFLUENZA VIRUS AND THAT RESIDENTS ARE IMMUNIZED AGAINST PNEUMOCOCCAL DISEASE. This bill would require nursing homes and adult care homes to ensure the immunization of its residents and employees against influenza. The bill would also require nursing homes and adult care homes to ensure immunization for residents for pneumoccal disease. No individual within these two types of long-term care facilities would be required to receive either and influenza vaccine or pneumoccal vaccine if the vaccine is medically counterindicated, or if the vaccine is against the individual’s religious beliefs, or if the individual refuses the vaccine after being fully informed of the health risks of not being immunized. Biannual Inspection and Grading of Adult Care Homes The Commission has had a great interest in this topic over a number of years and welcomed the direction given by the Legislative Research Commission to more thoroughly analyze the possibility of such a system that would give consumers help in selecting an appropriate facility. To further this analysis, the Commission appointed a subcommittee to study the issues in some detail. It was learned by the subcommittee that a national research group is also studying the issues and is using North Carolina in this study. Therefore, the Commission has modified its schedule to parallel these national efforts. A report will be made to the 2001 General Assembly on this issue. Rationale and Appropriateness of Present Cost-Sharing of Nonfederal Costs of Medicaid The 1999 General Assembly directed the Secretary of the Department of Health and Human Services to develop a system that provides a continuum of long-term care for the elderly and disabled and to examine long-term care issues affecting older adults. The Institute of Medicine is conducting this study for the Secretary. The Commission believes that no financing issues should be addressed until this long-term care plan is presented the General Assembly. Therefore, the Commission chose not to study the issue before the 1999 General Assembly (2000 Regular Session). Long-Term Care Facility Licensure Compliance The Commission took no action on this assignment. As mentioned above, the Commission awaits the Long-term care report from the Secretary before making any recommendations about how long-term care facilities should be regulated. 73 AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION Pro Tem’s Appointments Speaker’s Appointments Mr. Vernon James Route 4, Box 251 Elizabeth City, NC 27909 Rep. John Brown 2297 Austin Traphill Road Elkin, NC 28621 (336) 835-2873 Mr. Ross Lampe Guy C. Lee Mfg. Co. 235 Market Street Smithfield, NC 27577 Rep. Phillip Haire PO Box 248 Sylva, NC 28779 (828) 586-1765 Sen. Edward Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Mr. Dennis Stone Canal Wood Corporation 308 East Fifth Street Lumberton, NC 28358 Chair of Senate Agriculture Comm. Chair of House Agriculture Comm. Sen. Charlie Albertson, Cochair 136 Henry Dunn Pickett Road Beulaville, NC 28518 (910) 298-4923 Rep. Dewey Hill, Co-Chair PO Box 130 Lake Waccamaw, NC 28450 (910) 642-6044 Governor’s Appts. Comm. of Agriculture or Designee Mr. David L. Burns 1204 Shepherd Avenue Laurinburg, NC 28352 Mr. David McLeod Dept. of Agriculture 2 West Edenton Street Raleigh, NC 27601 (919) 733-7125 Pres. NC Farm Bureau or Designee Mr. Phillip C. Farland Farm Service Agency 4407 Bland Road Raleigh, NC 27614 Mr. Julian Philpott N.C. Farm Bureau Federation PO Box 27766 Raleigh, NC 27611 (919) 782-1705 Mr. Robert Eric Harrell 124 East Granville Street Windsor, NC 27983 74 Bd. of Agri. Member Pres. of NC Forestry Assoc. or Designee Mr. Stan Adams Director of Forestry DENR 512 North Salisbury Street Raleigh, NC 27604 (919) 733-4984 Master of NC State Grange or Designee Mr. Robert Caldwell 3300 Woodward Place Raleigh, NC 27607 (919) 782-6840 Staff Clerk Ms. Barbara Riley Ms. Gayle Christian Research Division (919) 715-3024 (919) 733-2578 Imported Red Fire Ants The Agriculture and Forestry Awareness Study Commission heard presentations on the problems with imported fire ants in North Carolina and the limited resources available to deal with the problem at the current time. The Commission did not take any action on the issue and will not be reporting on this issue to the 2000 General Assembly. The Commission will continue its deliberations at the conclusion of the 2000 Session. North Carolina Apple Industry The Agriculture and Forestry Awareness Study Commission heard presentations from the North Carolina Apple Associations on problems within the industry due to loss of local processors and low prices due to the import of juice from China. Efforts are being made to increase the profitability of the apple industry through increases in the market for fresh apples. The Commission did not take any action on the issue and will not be reporting on this issue to the 2000 General Assembly. The Commission will continue its deliberations at the conclusion of the 2000 Session. COURTS COMMISSION Pro Tem’s Appointments Speaker’s Appointments Sen. Patrick J. Ballantine Rep. William T. Culpepper, III 201 North Front Street, Suite 405 PO Box 344 Wilmington, NC 28401 Edenton, NC 27932 (910) 763-0673 (252) 482-3818 Sen. Daniel G. Clodfelter The Honorable David Flaherty, Jr. 100 North Tryon Street, 47th Floor PO Box 718 Charlotte, NC 28202 Lenior, NC 28645 (704) 331-1041 Mr. Darren S. Cranfill The Honorable Bobby Ray Hall 4425 Asbury Place Drive PO Box 40 Clemmons, NC 27012 Sanford, NC 27331 75 (919) 775-3452 The Honorable T.W. Ellis, Jr. The Honorable Edwin M. Hardy 370 Forrest Road 503 Fairview Ave. Henderson, NC 27536 Washington, NC 27889 (919) 975-3974 Mr. C. Philip Ginn, Esq. Ms. Judy J. Long PO Box 427 486 Kimberly Avenue Boone, NC 28607 Asheville, NC 28804 Mr. J. Carl Hayes Rep. Henry M. Michaux, Jr. PO Box 9 PO Box 2152 Manteo, NC 27954 Durham, NC 27702-2152 (919) 596-8181 Sen. Allen H. Wellons Rep. Ronnie N. Sutton PO Box 986 2940 Philadelphus Road Smithfield, NC 27577 Pembroke, NC 28372 (919) 934-0553 (910) 843-2353 Governor’s Appointments Chief Justice’s Appointments Sen. T.L. “Fountain” Odom, Chair The Honorable Robert Johnston 1515 Elizabeth Avenue Mecklenburg Court House Charlotte, NC 28204 Charlotte, NC 28202 (704) 377-7333 (704) 347-7800 Rep. Phillip A. Baddour, Jr. Dr. Traciel Venise Reid PO Box 916 Dept. of Poli Sci and Public Admin. Goldsboro, NC 27533-0916 PO Box 8102 (919) 735-7275 North Carolina State University Raleigh, NC 27695-8102 The Honorable Carl Fox The Honorable J. Carlton Cole PO Box 1118 Perquimans County Courthouse Chapel Hill, NC 27514 PO Box 400 (919) 732-9334 Hertford, NC 27944 (910) 678-2901 The Honorable F. Warren Hughes The Honorable James Wynn PO Box 685 NC Court of Appeals Burnsville, NC 28714 PO Box 888 Raleigh, NC 27602 (919) 733-6185 Rep. Paul R. McCrary 310 Westover Drive Lexington, NC 27292 (336) 249-9285 Mr. Douglas W. Parson PO Box 1049 Clinton, NC 28329 (910) 592-7066 76 Staff Clerk Mr. Frank Folger Mr. Al Andrews Ms. Brenda Carter Research Division (919) 733-2578 Ms. Dot Waugaman (919) 733-5649 Mr. Charles Perusse Ms. Elisa Wolper Fiscal Research Division (919) 733-4910 Magistrates Authority The Courts Commission has not yet addressed this issue. The Committee is not making a report on this issue to the 2000 Session. JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE Pro Tem’s Appointments Speaker’s Appointments Sen. Howard N. Lee, Cochair Rep. Gene Rogers, Cochair PO Box 25453 908 Woodlawn Drive Raleigh, NC 27611 Williamston, NC 27892 (919) 942-6528 (252) 792-6354 Sen. Ch
Object Description
Description
Title | Legislative Research Commission activities... summaries |
Date | 2000-05-04 |
Description | 1999-2000 fiscal year |
Digital Characteristics-A | 257 KB; 97 p. |
Digital Format |
application/pdf |
Pres File Name-M | pubs_serial_legislativeresearchcommission19992000.pdf |
Full Text | LEGISLATIVE RESEARCH COMMISSION ACTIVITIES 1999-2000 FISCAL YEAR INTERIM REPORT MAY 4, 2000 SUMMARIES PREPARED BY LEGISLATIVE SERVICES OFFICE 1999 GENERAL ASSEMBLY OF NORTH CAROLINA A LIMITED NUMBER OF COPIES OF THIS REPORT IS AVAILABLE FOR DISTRIBUTION THROUGH THE LEGISLATIVE LIBRARY. ROOMS 2126, 2226 STATE LEGISLATIVE BUILDING RALEIGH, NORTH CAROLINA 27611 TELEPHONE: (919) 733-7778 ROOM 500 LEGISLATIVE OFFICE BUILDING RALEIGH, NORTH CAROLINA 27603 TELEPHONE: (919) 733-9390 May 4, 2000 TO THE MEMBERS OF THE 1999 GENERAL ASSEMBLY (2000 REGULAR SESSION): The Legislative Research Commission directed its staff to prepare an interim report outlining the work thus far of its committees during the 1999-2000 fiscal year. This report contains a brief summary of each committee’s progress and describes the number of committee meetings, subjects studied, findings and recommendations. We contemplate publishing an updated report in January just prior to the 2001 General Assembly. These summaries were prepared by the staff to the individual committees to provide brief overviews of the committees’ work. These summaries do not modify nor should they be considered as modifying any committee’s report. The individual report by the Legislative Research Commission is authoritative. Copies of the Legislative Research Commission’s reports may be obtained from the Legislative Library, Room 2126, State Legislative Building, Raleigh, North Carolina, 27611. (Telephone: (919) 733-7778). Yours truly, Terrence D. Sullivan Director of Research TABLE OF CONTENTS INTRODUCTION............................................................................................................. 1 LEGISLATIVE RESEARCH COMMISSION MEMBERSHIP ...................................... 3 STATUTES.......................................................................................................................5 TABLE OF AUTHORIZED LEGISLATIVE RESEARCH COMMISSION STUDIES................................................ 9 1999-2000 STUDIES GROUPING.................................................................................. 15 PART I. SUMMARIES OF LRC STUDY COMMITTEES.................................. 21 I. TRANSPORTATION FINANCE COMMITTEE ................................... 21 II. GOVERNMENTAL PERSONNEL GROUPING................................... 23 III. INSURANCE AND MANAGED CARE GROUPING........................... 27 IV. INTERGOVERNMENTAL ISSUES GROUPING................................. 33 V. GOVERNMENT REGULATION GROUPING...................................... 37 VI. CIVIL LIABILITY AND STRUCTURED SETTLEMENTS GROUPING .............................................................................................43 VII. COASTAL ISSUES GROUPING............................................................ 47 VIII. LABOR AND STATE CONSTRUCTION GROUPING........................ 51 IX. CRIMINAL LAWS GROUPING ............................................................ 55 X. GOVERNMENT RECORDS AND TELEPHONE SOLICITATION GROUPING.................................................................61 XI. CONSUMER PROTECTION GROUPING............................................ 67 PART II. SUMMARIES OF REFERRALS TO AGENCIES AND EXISTING STUDY COMMISSIONS..................................................... 71 1 LEGISLATIVE RESEARCH COMMISSION INTRODUCTION The North Carolina Legislative Research Commission is an interim study organization of the General Assembly. Authorized by North Carolina General Statutes 120-30.10 through 120-30.18, the Commission undertakes studies by direction of resolutions from the preceding legislative session or by direction of the Commission Chairmen. The Commission, under G.S. 120-30.17(9), referred some studies authorized to be conducted by the Commission to other State agencies and existing study commissions. The indication of each study’s disposition begins on page 9. The Commission is chaired by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The chairmen appoint five members from their respective houses. By tradition, the Commission has produced its studies working through committees responsible to Commission members and made up of other members of the General Assembly assisted by advisory members from outside the General Assembly. 2 3 LEGISLATIVE RESEARCH COMMISSION Membership 1999-2000 President Pro Tempore Speaker of the House Sen. Marc Basnight Rep. James B. Black Room 2007 Room 2304 Legislative Building Legislative Building Raleigh, NC 27601 Raleigh, NC 27601 (919) 733-6854 (919) 733-3451 Pro Tem’s Appointments Speaker’s Appointments Sen. Austin M. Allran Rep. James W. Crawford, Jr. PO Box 2907 509 College Street Hickory, NC 28603 Oxford, NC 27565 (828) 322-1410 (919) 693-6119 Sen. Linda D. Garrou Rep. Beverly M. Earle PO Box 11843 312 South Clarkson Street Winston-Salem, NC 27116 Charlotte, NC 28202 (336) 922-4192 (704) 333-7180 Sen. Jeanne H. Lucas Rep. Verla C. Insko PO Box 3366 610 Surry Road Durham, NC 27702 Denton, NC 27239 (919) 688-2838 (910) 859-2281 Sen. R.L. "Bob" Martin Rep. William L. Wainwright PO Box 387 PO Box 33 Bethel, NC 27812 Havelock, NC 28532 (252) 825-4361 (252) 447-7379 Sen. Ed N. Warren Rep. Steve W. Wood 227 Country Club Drive PO Box 5172 Greenville, NC 27834 High Point, NC 27262 (252) 765-2671 (336) 883-9663 Staff: Clerk: Mr. Terrence D. Sullivan Ms. DeAnne Mangum Research Division (919) 733-2578 (919) 733-2578 4 5 ARTICLE 6B. Legislative Research Commission. § 120-30.10. Creation; appointment of members; members ex officio. (a) There is hereby created a Legislative Research Commission to consist of five Senators to be appointed by the President pro tempore of the Senate and five Representatives to be appointed by the Speaker of the House. The President pro tempore of the Senate and the Speaker of the House shall be ex officio members of the Legislative Research Commission. Provided, that when the President of the Senate has been elected by the Senate from its own membership, then the President of the Senate shall make the appointments of the Senate members of the Legislative Research Commission, shall serve ex officio as a member of the Commission and shall perform the duties otherwise vested in the President pro tempore by G.S. 120-30.13 and 120-30.14. (b) The cochairmen of the Legislative Research Commission may appoint additional members of the General Assembly to work with the regular members of the Research Commission on study committees. The terms of the additional study committee members shall be limited by the same provisions as apply to regular commission members, and they may be further limited by the appointing authorities. (c) The cochairmen of the Legislative Research Commission may appoint persons who are not members of the General Assembly to advisory subcommittees. The terms of advisory subcommittee members shall be limited by the same provisions as apply to regular Commission members, and they may be further limited by the appointing authorities. (1965, c. 1045, s. 1; 1975, c. 692, s. 1.) § 120-30.11. Time of appointments; terms of office. Appointments to the Legislative Research Commission shall be made not earlier than the close of each regular session of the General Assembly held in the odd-numbered year nor later than 15 days subsequent to the close. The term of office shall begin on the day of appointment, and shall end on January 15 of the next odd-numbered year. No moneys appropriated to the Legislative Research Commission may be expended for meetings of the Commission, its committees or subcommittees held after January 15 of the next odd-numbered year and before the appointment of the next Legislative Research Commission. (1965, c. 1045, s. 2; 1975, c. 692, s. 2; 1977, c. 915, s. 4; 1981, c. 688, s. 19; 1983, c. 63, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 178; 1991 (Reg. Sess., 1992), c. 900, s. 16.) §120-30.12. Vacancies. Vacancies in the appointive membership of the Legislative Research Commission occurring during a term shall be filled for the unexpired term by appointment by the officer who made the original appointment. Vacancies in the ex officio membership shall be filled for the unexpired term by election by the remaining members of the Commission. Every vacancy shall be filled by a member of the same house as that of the person causing the vacancy. 6 If for any reason the office of President pro tempore of the Senate becomes vacant, the five Senate members of the Legislative Research Commission shall elect one of their own number to perform and exercise the duties imposed and powers granted pursuant to this Article, and such Senator so elected shall serve until the Senate shall elect a President pro tempore. If for any reason the office of Speaker of the House of Representatives becomes vacant, the five members of the House of Representatives of the Legislative Research Commission shall elect one of their own number to perform and exercise the duties imposed and powers granted pursuant to this Article, and such member of the House of Representatives so elected shall serve until the House of Representatives shall elect a Speaker. (1965, c. 1045, s. 3; 1969, c. 1037.) §120-30.13. Cochairmen; rules of procedure; quorum. The President pro tempore of the Senate and the Speaker of the House shall serve as cochairmen of the Legislative Research Commission. The Commission shall adopt rules of procedure governing its meetings. Eight members, including ex officio members, shall constitute a quorum of the Commission. (1965, c. 1045, s. 4.) §120-30.14. Meetings. The first meeting of the Legislative Research Commission shall be held at the call of the President Pro Tempore of the Senate in the State Legislative Building or in another building designated by the Legislative Services Commission. Thereafter the Commission shall meet at the call of the chairmen. Every member of the preceding General Assembly has the right to attend all sessions of the Commission, and to present his views at the meeting on any subject under consideration. (1965, c. 1045, s. 5; 1981, c. 772, s. 1.) §120-30.15. Repealed by Session Laws 1969, c. 1184, s. 8. §120-30.16. Cooperation with Commission. The Legislative Research Commission may call upon any department, agency, institution, or officer of the State or of any political subdivision thereof for such facilities and data as may be available, and these departments, agencies, institutions, and officers shall cooperate with the Commission and its committees to the fullest possible extent. (1965, c. 1045, s. 7.) §120-30.17. Powers and duties. The Legislative Research Commission has the following powers and duties: (1) Pursuant to the direction of the General Assembly or either house thereof, or of the chairmen, to make or cause to be made such studies of and investigations into governmental agencies and institutions and matters of public policy as will aid the General Assembly in performing its duties in the most efficient and effective manner. (2) To report to the General Assembly the results of the studies made. The reports may be accompanied by the recommendations of the Commission and bills suggested to effectuate the recommendations. (3), (4) Repealed by Session Laws 1969, c. 1184, s. 8. 7 (5), (6) Repealed by Session Laws 1981, c. 688, s. 2. (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. (9) For studies authorized to be made by the Legislative Research Commission, to request another State agency, board, commission or committee to conduct the study if the Legislative Research Commission determines that the other body is a more appropriate vehicle with which to conduct the study. If the other body agrees, and no legislation specifically provides otherwise, that body shall conduct the study as if the original authorization had assigned the study to that body and shall report to the General Assembly at the same time other studies to be conducted by the Legislative Research Commission are to be reported. The other agency shall conduct the transferred study within the funds already assigned to it. (1965, c. 1045, s. 8; 1969, c. 1184, s. 8; 1977, c. 915, s.3; 1981, c. 688, s. 2; 1983, c. 905, s. 7; 1985, c. 790, s. 7.) §120-30.18. Facilities; compensation of members; payments from appropriations. The facilities of the State Legislative Building, and any other State office building used by the General Assembly, shall be available to the Commission for its work. Members of the General Assembly serving on the Legislative Research Commission or its study committees shall be reimbursed for travel and subsistence expenses at the rates set out in G.S. 120-3.1. Advisory subcommittee members shall be reimbursed and compensated at the rates set out in G.S. 138-5 (public members) and G.S. 138-6 (State officials or employees). All expenses of the Commission shall be paid from funds appropriated for the Commission. (1965, c. 1045, s. 9; 1975, c. 692, s. 3; 1981, c. 772, s. 2.) 8 9 1999-2000 TABLE OF AUTHORIZED LEGISLATIVE RESEARCH COMMISSION STUDIES The following is a list of the topics which were funded by the Legislative Research Commission to be studied and topics referred to another agency or commission for study pursuant to G.S. 120-30.17(9). Except where otherwise indicated, the original bill or resolution which outlines the scope of the particular study is incorporated by reference in House Bill 163, Chapter 395 of the 1999 Session Laws. Footnotes indicate which studies were referred to another agency or commission to be conducted. Unless otherwise indicated, each Committee may report to the 2000 Session of the 1999 General Assembly or the 2000 General Assembly, or may make an interim report to the 2000 Session of the 1999 General Assembly and a final report to the 2001 General Assembly. Study Sponsor Authorization Staff Page Acquisition of Additional Parklands at Lake James State Park1 Sen Odom SB 200 Givens Hudson Zechini Holm Iddings 82 Administrative Process for State Employee Grievances Rep. Miller HB 1014 Cochrane-Brown Matula Nelson 23 Animal Treatment Procedures ½ Animals vaccination administration ½ Spaying or neutering of dogs/cats Rep. Owens Rep. Tucker Rep. Hensley Sen. Kinnaird HB 595 HB 329 HB 819 SB 330 Riley 37 Apple Industry2 Rep. Justus Riley 74 Bail Bond Laws Rep. Baddour Sen. Odom Sen. Ballantine HB 1219 SB 994 Andrews Carter Chism 56 Biannual Inspection and Grading of Adult Care Homes3 Rep. Earle Rep. Sherrill Young 72 Capital Incentive Program for Tourism Rep. Earle HJR 1483 Griffin Cochrane-Brown 49 1 Referred to Environmental Review Commission. (SL 99-395, §2.1 (1) f) 2 Referred to Agriculture and Forestry Awareness Study Commission. (SL 99-395, §2.1 (6) c) 3 Referred to NC Study Commission on Aging. (SL 99-395, §2.1 (4) b) 10 Capital Punishment – Mentally Retarded and Race Basis ½ Prohibiting death sentence for mentally retarded persons ½ Prohibiting death sentence obtained on basis of race Sen. Ballance Sen. Ballance SB 334 SB 991 Carter Andrews Hayes Torain 55 Central Registry for Living Wills and Organ Donations Rep. Fox HB 406 Huie 61 Child Care Subsidy Issues4 Rep. Mosley Watson Huie Hammonds-B Churchill 85 Coastal Beach Movement, Beach Renourishment, and Storm Mitigation Rep. Redwine Sen. Ballantine HB 118 SB 54 Johnson Riley 47 Consolidated Income Tax Returns by Affiliated Corporations5 Rep. McMahan HJR 491 Avrette 88 Consumer Protection ½ Higher cost of credit ½ Cash-out transactions ½ Cash converter regulation Sen. Clodfelter Sen. W. Martin Sen. R. Shaw Rep. Hurley SB 1137 HB 1451 Cochrane-Brown 67 Credit Insurance and Mortgage Credit HB 1149 Cochrane-Brown Reagan 68 Defibrillators – Use and Liability Rep. Wright HB 1118 Levenbook Andrews 43 Development-rights Transfer and the Creation of Development-rights Banks6 Sen. Clodfelter SB 1059 Holm 90 Digitization of Public Records by State Archives Rep. Jeffus Nelson McCarty 62 Driver Education Programs: Teen Drivers7 Rep. Mosley HB 1140 Johnson Goldsmith Iorio Kamprath 77 Election, Terms, and Constitution of Rep. Haire HB 1242 Johnson 77 4 Referred to Joint Legislative Public Assistance Commission. (SL 99-395, §2.1 (4) k) 5 Referred to Revenue Laws Study Committee. (SL 99-395, §2.1 (5) a) 6 Referred to Commission to Address Smart Growth, Growth Management, and Development Issues (SL 99-395, §2.1 (12) a) 7 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) a) 11 the Board of Governors of The University of North Carolina8 Goldsmith Iorio Kamprath Employment Security and Unemployment Insurance Tax Rep. Wilson Sen. Hoyle Sen. Kerr HB 324 Crotts 51 Environmental Impacts; Sources of Pollution9 Rep. Warwick HB 1002 Givens 81 Group B Streptococcus and Effects on Pregnant Women and Infants Rep. Justus HJR 1363 Attarian Young 87 Health Professions Scope of Practice10 Attarian Young 83 Health Reform Recommendations of the Health Care Planning Commission and its Advisory Committees11 Rep. Insko Attarian Young 83 Hunger and Nutrition12 Rep. Adams Sen. W. Martin HB 1229 SB 944 Young Attarian 85 Impact of Military Bases on Public Services and Taxes Rep. Hurley Rep. Warner Avrette Millsaps Andrews 33 Juvenile Crime and Delinquency Sen. Rand SB 914 Hayes 58 Long-term Care Facility Licensure Compliance13 Rep. Mosley HJR 909 Young 72 Magistrates Authority14 Rep. Baddour HB 1224 Folger Andrews Carter Wolper Perusse 76 Managed Care Issues Sen. Harris Rep. Mosley SB 1089 HJR 1461 Attarian Churchill 27 Marriage License Laws Rep. Hill HJR 1365 HB 973 Graf Hayes 40 8 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) e) 9 Referred to Environmental Review Commission. (SL 99-395, §2.1 (6) d) 10 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (4) n) 11 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (2) c) 12 Referred to Joint Legislative Public Assistance Study Commission. (SL 99-395, §2.1 (4) h) 13 Referred to NC Study Commission on Aging. (SL 99-395, §2.1 (4) a) 14 Referred to Courts Commission. (SL 99-395, §2.1 (8) a) 12 Sen. Dalton SB 1018 Mental Health and Chemical Dependency Parity Rep. Alexander Sen. W. Martin HB 713 SB 836 Attarian 29 Mutual Burial Association Insolvency Issues Sen. Rand SB 212 SL 99-425 Manheimer Churchill 30 Nondepository Trust Companies and Family Trust Companies Sen. Warren SB 94 Reagan 39 Nonprofit Property Tax Exemptions15 SB 325 Avrette 88 Pedestrian Ferry Services Sen. Basnight 48 Pharmacy Choice/Competition16 Rep. Cole Sen. Rand HB 1277 SB 137 Attarian Young 83 Predatory Lending SB 1149 SL 99-332 70 Procurement Card Pilot Program of the Department of Administration17 Sen. L. Shaw Rep. Wainwright Carter McCarty J. Willis 80 Red Imported Fire Ants18 Rep. Plyler Rep. Warwick Riley 74 Resolution of Conflicts Between Boards of Education and County Commissioners Goldsmith Pickett 34 Sale of Structured Settlements 46 School Boards Review of Applicable Court Orders19 Rep. Gulley HB 790 Johnson Goldsmith Iorio Kamprath 77 Seat Belts on School Buses20 Rep. Mosley HB 355 Johnson Goldsmith Iorio Kamprath 77 Spinal Manipulation Treatment21 Attarian 83 15 Referred to Revenue Laws Study Committee. (SL 99-191 (SB 325)) 16 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (2) d) 17 Referred to Joint Select Committee on Information Technology. (SL 99-395, §2.1 (1) e) 18 Referred to Agriculture and Forestry Awareness Study Commission. (SL 99-395, §2.1 (6) b) 19 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) d) 20 Referred to Joint Legislative Education Oversight Committee. (SL 99-395, §2.1 (3) b) 13 Young State Agencies’ Customer Service Quality Assurance22 Rep. Owens HB 636 Willis Wheeler Powell Muchmore Fuerst 79 State Employees and Teachers Compensation ½ Defined contribution pension plan for State employees and teachers ½ State employee comprehensive compensation system Rep. Baker Rep. Nesbitt Rep. Sherrill Sen. Reeves HB 39 HJR 1158 SJR 1031 Matula Moore Pickett Trogden 24 State Government Construction Review and Approval Process Graf Cochrane-Brown 52 State Tort Liability and Immunity Rep. Walend Rep. Nesbitt Graf Folger Griffin Reagan 44 Transportation Finance ½ Toll roads ½ Municipal participation in road funding Perry Rodewald Weiss 21 Trucking Safety23 Rep. Wilson HB 1249 Perry 91 Telephone Solicitation Rep. Allen HB 1080 Dail Manheimer 63 Unvented Gas Heaters Sen. Albertson SB 785 Zechini 38 Wastewater System Construction Permits and Related Issues24 Rep. Culp HB 137 Givens Hudson Zechini Holm Iddings 82 Ways to Improve the Quality of Documents Recorded in the Office of the Register of Deeds25 Sen. Dalton SB 873 Carter McCarty J. Willis 80 21 Referred to Joint Legislative Health Care Oversight Committee. (SL 99-395, §2.1 (4) l) 22 Referred to Joint Legislative Commission on Governmental Operations. (SL 99-395, §2.1 (1) b) 23 Referred to Joint Legislative Transportation Oversight Committee. (SL 99-395, §2.1 (9) a) 24 Referred to Environmental Review Commission. (SL 99-395, §2.1 (1) f) 25 Referred to Joint Select Committee on Information Technology. (SL 99-395, §2.1 (12) b) 14 15 Grouping of 1999 Legislative Research Commission (LRC) Studies* Section reference is to SL 1999-395 (HB 163), unless otherwise indicated. The bill number reference is to the bill or resolution originally proposing the study. Individual study committees’ names are italicized. LRC member in charge of the individual study grouping is in parentheses and (CAPITAL LETTERS). Reporting directly to the LRC Cochairs: Transportation Finance Committee (S.L. 1998-212, § 27.15(c) and S.L. 99-237, § 27.2 (d) (HB 168) -- Under No Grouping.*** Toll roads §2.1 (9) b Municipal participation in road funding. §2.1 (9) c I. Governmental Personnel Grouping (SEN. LUCAS): A. Administrative Process for State Employee Grievances Committee (HB 1014 - Miller). §2.1 (1) c B. State Employees and Teachers Compensation Committee 1. Defined contribution pension plan for State employees and teachers (HB 39 - Baker). §2.1 (1) a; and 2. State employee comprehensive compensation system (HJR 1158 - Nesbitt, Sherrill; SJR 1031 - Reeves). §2.1 (1) d II. Insurance and Managed Care Grouping (REP. INSKO) A. Managed Care Issues Committee (SB 1089 - Harris, HJR 1461 - Mosley). §2.1 (2) a B. Mental Health and Chemical Dependency Parity Committee (HB 713 - Alexander; SB 836 - Martin of Pitt). §2.1 (2) b C. Insolvency of Mutual Burial Associations Committee (SL 1999-425 (SB 212 - Rand), § 5)** III. Intergovernmental Issues Grouping (REP. WAINWRIGHT): A. Impact of Military Bases on Public Services and Taxes Committee (Hurley and Warner). §2.1 (5) b B. Resolution of Conflicts between Boards of Education and County Commissioners Committee §2.1 (3) c IV. Government Regulation Grouping (SEN. WARREN): A. Animal Treatment Procedures Committee 1. Animals vaccination administration (HB 595 - Owens; HB 329 - Tucker). §2.1 (4) e; and 2. Spaying or neutering of dogs and cats (HB 819 - Hensley; SB 330 -Kinnaird). §2.1 (4) i B. Unvented Gas Heaters Committee (SB 785 - Albertson). §2.1 (4) g C. Nondepository Trust Companies and Family Trust Companies Committee (SB 94 - Warren). §2.1 (1) I 16 D. Marriage License Laws Committee (HJR 1365 - Hill; HB 973 - Hill; SB 1018 - Dalton). §2.1 (4)f V. Civil Liability and Structured Settlements Grouping (REP. CRAWFORD): A. Defibrillators -- Use and Liability Committee (HB 1118 - Wright). §2.1 (4) m B. State Tort Liability and Immunity Committee (Walend, Nesbitt). §2.1 (1) j C. Sale of Structured Settlements Committee. §2.1 (10) c VI. Coastal Issues Grouping (SEN. ALLRAN): A. Coastal Beach Movement; Beach Renourishment, and Storm Mitigation Committee (HB 118 - Redwine; SB 54 - Ballantine). §2.1 (6) e B. Pedestrian Ferry Services Committee (Basnight). §2.1 (9) d C. Capital Incentive Program for Tourism Committee (HJR 1483 - Earle). §2.1 (5)c*** VII. Labor and State Construction Grouping (SEN. GARROU): A. Employment Security and Unemployment Insurance Tax Committee (HB 324 - C. Wilson; Hoyle, Kerr). §2.1 (7) b B. State Government Construction Review and Approval Process Committee. §2.1 (1) g VIII. Criminal Laws Grouping (SEN. R.L. MARTIN): A. Capital Punishment -- Mentally Retarded and Race Basis Committee 1. Prohibiting death sentence for mentally retarded persons (SB 334 - Ballance). §2.1 (11) a; and 2. Prohibiting death sentence obtained on basis of race (SB 991 - Ballance). §2.1 (11) b B. Bail Bond Laws Committee (SB 994 - Odom, Ballantine; HB 1219 - Baddour). §2.1 (11) c C. Juvenile Crime and Delinquency Committee (SB 914 - Rand). §2.1 (4) j** IX. Government Records and Telephone Solicitation Grouping (REP. WOOD): A. Central Registry for Living Wills and Organ Donations Committee (HB 406 - Fox). §2.1 (4) d B. Digitization of Public Records by State Archives Committee (Jeffus). §2.1 (1) h C. Telephone Solicitation Committee (HB 1080 - Allen). §2.1 (8) b X. Consumer Protection Grouping (REP. EARLE): A. Consumer Protection Committee 1. Higher cost of credit (Clodfelter). §2.1 (10) a; 2. Cash-out transactions used by some check-cashing businesses (SB 1137 - Martin of Guilford, Shaw of Guilford) and pawn shops. §2.1 (10) b 17 3. Cash converter regulation (HB 1451 - Hurley). §2.1 (10) d B. Credit Insurance and Mortgage Credit Committee. §2.1 (10) e and SL 99-332 (SB 1149), §7 (3) C. Predatory Lending Committee (SL 99-332 (SB 1149), § 7(1) and (2)) 18 Re-referral of 1999 LRC Studies to Other Bodies* North Carolina Study Commission on Aging Long-term care facility licensure compliance (HJR 909 - Mosley). §2.1 (4) a Biannual inspection and grading of adult care homes (Earle and Sherrill). §2.1 (4) b Agriculture and Forestry Awareness Study Commission Apple industry (Justus). §2.1 (6) c Red imported fire ants, (Plyler, Warwick). §2.1 (6) b** Courts Commission Magistrates authority (HB 1224 - Baddour). §2.1 (8) a Joint Legislative Education Oversight Committee Driver education programs; teen drivers (HB 1440-Mosley). §2.1 (3) a Seat belts on school buses (HB 355 - Mosley). §2.1 (3) b School boards review of applicable court orders (HB 790 - Gulley). §2.1 (3) d Election, terms, and constitution of the Board of Governors of The University of North Carolina (HB 1242 - Haire). §2.1 (3) e Joint Legislative Commission on Governmental Operations State agencies' customer service quality assurance (HB 636 - Owens). §2.1 (1) b Joint Select Committee on Information Technology Procurement card pilot program of the Department of Administration (Shaw of Cumberland; Wainwright). §2.1 (1) e Ways to improve the quality of documents recorded in the office of the register of deeds (SB 873 - Dalton). §2.1 (12) b Environmental Review Commission Acquisition of additional parklands at Lake James State Park (SB 200 - Odom). §2.1 (1) f Wastewater system construction permits and related issues (HB 137 - Culp). §2.1 (6) a Environmental impacts; sources of pollution (HB 1002 - Warwick). §2.1 (6) d Joint Legislative Health Care Oversight Committee Health reform recommendations of the Health Care Planning Commission and its advisory committees (Insko). §2.1 (2) c Pharmacy choice/competition (HB 1277 - Cole; SB 137 - Rand). §2.1 (2) d Spinal manipulation treatment §2.1 (4) l Health professions scope of practice §2.1 (4) n Joint Legislative Public Assistance Commission Hunger and nutrition (HB 1229 - Adams; SB 944 - Martin of Guilford). §2.1 (4) h Child care subsidy issues (Mosley). §2.1 (4) k Public Health Study Commission Group B Streptococcus and effects on pregnant women and infants (HJR 1363 - Justus)** Revenue Laws Study Committee Consolidated income tax returns by affiliated corporations (HJR 491 - McMahan). §2.1 (5) a Non-profit property tax exemptions (SL 99-191 (SB 325))--study mandated 19 Commission to Address Smart Growth, Growth Management, and Development Issues Development-rights transfer and the creation of development-rights banks (SB 1059 - Clodfelter). §2.1 (12) a Joint Legislative Transportation Oversight Committee Trucking safety (HB 1249 - C. Wilson). §2.1 (9) a * As adopted by the Commission on August 25, 1999 and as amended by the LRC Cochairs on September 13, 1999 and on October 6, 1999. ** Changes made by the LRC Cochairs on September 13, 1999 are double asterisked. *** Changes made by the LRC Cochairs on October 6, 1999 are triple asterisked. 20 21 PART I. SUMMARIES OF LRC STUDY COMMITTEES TRANSPORTATION FINANCE COMMITTEE Authority: S.L. 1999-212, §27.15(c); S.L. 1999-237, §27.2(d) LRC Member Pro Tem’s Appointments Speaker’s Appointments Sen. Wib Gulley, Cochair Rep. Nelson Cole, Cochair PO Box 3573 PO Box 2309 Durham, NC 27702 Reidsville, NC 27320 (919) 683-1584 (336) 342-4223 Mr. Jim Harrington Mr. Robert Barnhill, Jr. 1042 Washington Street 2311 North Main Street Raleigh, NC 27606 Tarboro, NC 27886 Mr. William Hawkins Dr. Delilah Blanks PO Box 92 Bladen County Commissioner Pisgah Forest, NC 28768 1369 Bowen Blanks Road Riegelwood, NC 28456 Sen. David Hoyle Mr. Thomas W. Bradshaw, Jr. PO Box 2494 7416 Grist Mill Road Gastonia, NC 28053 Raleigh, NC 27615-5409 (704) 867-0822 Mr. Samuel Hunt The Honorable Cherri Cheek 1218 W. Davis Street Mayor, City of Sunset Beach Burlington, NC 27215 700 Sunset Blvd., North Sunset Beach, NC 28468 Sen. John Kerr, III Rep. James W. Crawford, Jr. PO Box 1616 509 College Street Goldsboro, NC 27533 Oxford, NC 27565 (919) 734-1841 (252) 693-6119 Mr. George Little, Jr. Rep. Beverly M. Earle Kilpatrick Stockton, LLP 312 South Clarkson Street 1001 W. Fourth Street Charlotte, NC 28202 Winston-Salem, NC 27101 (704) 333-7180 Sen. Beverly Perdue Rep. Paul Luebke PO Box 991 1507 Oakland Avenue New Bern, NC 28563 Durham, NC 27705 (252) 633-2667 (336) 334-5295 Mr. Charles M. Shelton Mr. Robert Mattocks 4201 Congress Street, Suite 470 Jenkins Company Charlotte, NC 28209 PO Box 156 Pollocksville, NC 28573 22 Staff Clerk Mr. Giles Perry Research Division (919) 733-2578 Mr. Evan Rodewald Mr. Bob Weiss Fiscal Research (919) 733-4910 Ms. Carol Resar (919) 715-3036 Transportation Finance Committee The LRC Transportation Finance Committee met three times in March and April 2000. At its first meeting, the Committee heard presentations on the current status of the State’s transportation finances, urban transportation needs, rural transportation needs, transportation issues in the Research Triangle Park, changes in the TIP as a result of the audit by KPMG-Peat Marwick, secondary roads and discretionary funding, and “best practices” in transportation management. At its second meeting, the Committee heard a more detailed presentation on best practices for transportation needs assessment, as well as an introductory presentation on toll roads. The Committee also heard from DOT on highway maintenance needs and current funding. At its third meeting, the Committee heard presentations on public transportation and rail needs, use of transponders for motor carrier law enforcement and fuel tax collection, municipal participation in state highway projects, and toll road projects. The Committee recommends two draft bills for consideration by the 2000 Session of the General Assembly, and a report by the Secretary of Revenue and the Commissioner of Motor Vehicles on transponder technology: 1. A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ADDITIONAL VOLUNTARY MUNICIPAL PARTICIPATION IN STATE ROAD CONSTRUCTION. 2. A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CONSTRUCTION OF UP TO THREE PRIVATELY FUNDED AND THREE PUBLICLY FUNDED TOLL ROAD OR BRIDGE PROJECTS. Recommendation for Report on Transponders The Committee recommends that the Commissioner of Motor Vehicles and the Secretary of Revenue convene a joint working group on use of transponder technology to increase motor fuel tax collection and to enhance enforcement of motor carrier related laws. The Committee requests that the working group report to the Legislative Research Commission Transportation Finance Study Committee on or before October 1, 2000 with a plan for implementing the technology. 23 II. GOVERNMENTAL PERSONNEL GROUPING ADMINISTRATIVE PROCESS FOR STATE EMPLOYEES GRIEVANCES COMMITTEE Authority: S.L. 1999-395, HB 163 LRC Member Sen. Jeanne H. Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Pro Tem’s Appointments Speaker’s Appointments Senator Brad Miller, Cochair 4006 Barrett Drive Raleigh, NC 27609 (919) 881-9609 Rep. Pryor Gibson, Cochair 717 Mountford Avenue Raleigh, NC 27603 (919) 872-8198 Mr. W. David Cannon 308 East Commerce Street Oak City, NC 27857 Rep. Jim Gulley PO Box 3030 Matthews, NC 28105 (704) 845-2084 Senator Jeanne H. Lucas 4504 Glenn Road Durham, NC 27704 (919) 682-0217 Rep. Robert J. Hensley, Jr. 702 W. Jones Street Raleigh, NC 27603 (919) 743-0012 Ms. Elizabeth G. McCrodden 811 Mordecai Drive Raleigh, NC 27604-1254 Rep. Margaret Jeffus 1801 Rolling Road Greensboro, NC 27403 (336) 275-4762 Mr. Jack R. Stone 821 Roanoke Drive Cary, NC 27513 Rep. Larry Womble 1294 Salem Lake Road Winston-Salem, NC 27107 (336) 784-9373 Staff Clerk Ms. Karen Cochrane-Brown Ms. Cornelia McMillan Ms. Theresa Matula (919) 733-9349 Research Division (919) 733-2578 Michele Nelson Fiscal Research (919) 733-4910 Administrative Process for State Employee Grievances The Administrative Process for State Employee Grievances Committee met once and learned about a recent case in which a State employee was denied benefits under the federal Family and Medical Leave Act (FMLA). Congress passed the Family and Medical Leave Act in 1993, and specifically made it applicable to state and local governmental employers. Soon after enactment, the State Personnel Commission adopted rules and policies applying the federal law to State employees. However, the rules specifically provide that 24 “violation of or denial of leave requested pursuant to the FMLA is not a contested case and creates no right of grievance or appeal pursuant to the State Personnel Act,” and recent federal court cases have raised questions as to whether (1) Congress acted within the scope of its authority in abrogating state’s immunity under the Eleventh Amendment of the Constitution, and (2) the Family and Medical Leave Act is unconstitutional as applied to the states under the Tenth Amendment. In view of these developments, the Committee recommends: A BILL TO BE ENTITLED AN ACT CLARIFYING STATE EMPLOYEES’ ELIGIBILITY FOR FAMILY AND MEDICAL LEAVE BENEFITS. STATE EMPLOYEE AND TEACHERS COMPENSATION COMMITTEE Authority: S.L. 1999-395, HB 163 LRC Member Sen. Jeanne H. Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Pro Tem’s Appointments Speaker’s Appointments Senator Eric M. Reeves, Cochair PO Box 510 Raleigh, NC 27602 (919) 828-0801 Rep. Ruth M. Easterling, Cochair 1333 Queens Road, #101 Charlotte, NC 28207-2149 (704) 375-5934 Senator John Garwood 453 Mark Lane North Wilkesboro, NC 28659 (336) 838-5378 Rep. Philip A. Baddour PO Box 916 Goldsboro, NC 27533 (919) 735-7275 Mrs. Regina Hopkins PO Box 912 Kinston, NC 28502 Rep. Robert J. Hensley, Jr. 702 W. Jones Street Raleigh, NC 27603 (919) 743-0012 Senator Steve Metcalf PO Box 1694 Asheville, NC 28802 (828) 232-1998 Rep. Howard J. Hunter PO Box 506 Murfreesboro, NC 27855 (252) 398-5630 Ms. Rita O’Brien PO Box 467 Longdale, NC 28090 Rep. Martin L. Nesbitt 29 N. Market Street, 7th Floor Asheville, NC 28801 (828) 252-0490 Ms. Valeria Peacock 1906 Athens Avenue Durham, NC 27707 Rep. Wilma M. Sherrill PO Box 18561 Asheville, NC 28814 (828) 254-0991 Staff Clerk Ms. Theresa Matula Ms. Becky Hedspeth Research Division (919) 715-6400 25 (919) 733-2578 Ms. Phyllis Pickett Bill Drafting Division (919) 733-6660 Stanley Moore Mark Trogdon Fiscal Research Division (919) 733-4910 State Employees and Teachers Compensation Committee The State Employees and Teachers Compensation Committee met three times to consider issues relating to the performance evaluation and compensation of State employees subject to the State Personnel Act (SPA). The Committee focused on the Comprehensive Compensation System outlined in G.S. 126-7. Under current law, the Comprehensive Compensation System links salary increases to the performance of each SPA employee and includes three components: Career Growth Recognition Award, Cost-of-Living Adjustment, and Performance Bonus. This impacts over 91,000 State employees, or roughly 36% of the almost 256,000 State funded positions. (The remaining 165,000 positions are non-SPA and are primarily located in the universities, judicial branch, community colleges, and public schools.) The Committee heard detailed reports from its staff as well as thorough presentations by the Office of State Personnel and the State Employees Association of North Carolina. The Committee was informed of the factors that adversely affect the State’s ability to attract and retain the State government labor force, including: (1) The combined effect of an approximately 1.7% unemployment rate in the Triangle; (2) Increased labor market competition; (3) Devaluation of the State’s benefit packages relative to some competitors; and (4) State salaries increasing at a slower rate than private sector counterparts. The Committee recognizes that North Carolina State Government has an obligation to attract and retain a competent workforce and, therefore, the Committee recommends: A BILL TO BE ENTITLED AN ACT AMENDING THE EMPLOYEE COMPENSATION AND PERFORMANCE EVALUATION PROVISIONS OF THE STATE PERSONNEL ACT, CHAPTER 126 OF THE GENERAL STATUTES, AND APPROPRIATING FUNDS FOR FULL IMPLEMENTATION OF THE STATE COMPENSATION PLAN. FY 2000-2001 Cost Analysis for SPA Employees General Fund Highway Fund Fund Career Growth Component at minimum increase of 2% per annum. $42,000,000 $8,600,000 Tie Cost of Living to CPI for previous year. (For calendar year 1999, the assumed average CPI rate is 2.2%) $46,200,000 $9,460,000 Fund Performance Bonus at a minimum 2% of total payroll $42,000,000 $8,600,000 Fund 5% salary increase to account for increases in the COLA that did not match the CPI. $105,000,000 $21,500,000 26 27 III. INSURANCE AND MANAGED CARE GROUPING MANAGED CARE ISSUES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Verla C. Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Pro Tem’s Appointments Speaker’s Appointments Sen. Allen Wellons, Cochair PO Box 986 Smithfield, NC 27577 (919) 934-0553 Rep. Edd Nye, Cochair PO Box 8 Elizabethtown, NC 28337 (910) 862-3679 Sen. Charlie Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. W. Pete Cunningham 3121 Valleywood Place Charlotte, NC 28216 (704) 394-0919 Dr. James Elliott, Jr., DDS, PA 5F Doctors Park Asheville, NC 28801 Rep. Zeno L. Edwards, Jr. 212 Riverside Drive Washington, NC 27889 (252) 946-3714 Mr. Hank Estep Griffin-Estep Benefit Group, Inc. PO Box 2263 Wilmington, NC 28402 (910) 232-8272 Rep. Larry T. Justus PO Box 2396 Hendersonville, NC 28793 (828) 685-7433 Sen. Oscar Harris PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Martin L. Nesbitt, Jr. 29 N. Market Street, 7th Floor Asheville, NC 28801 (828) 862-3679 Ms. Pam Silberman Sheps Center for Health Service Research 725 Airport Road – CB 7590 Chapel Hill, NC 27514 Ms. Elizabeth O’Keefe NorthEast Medical Center 920 Church Street Concord, NC 28025 Dr. Steven Michael Willen 3808-H High Point Road Greensboro, NC 27408 Mr. Thomas L. West PO Box 250 Roseboro, NC 28302 Staff Clerk Ms. Linda Attarian Ms. Jo Bobbitt Ms. Erika Churchill (919) 733-5477 Research Division (919) 733-2578 28 Managed Care Issues Committee The Study Committee recommends five separate pieces of legislation. The recommendations include establishing an external appeal mechanism, enhancing protections for consumers in the event of an HMO insolvency, providing procedures to ensure the prompt payment of claims by insurers, providing a statutory remedy for consumers harmed by health care treatment decisions made by their managed care health plans, and ensuring representation of non-medical doctor health care providers on utilization and grievance review panels when appropriate. 1. The first piece of proposed legislation is entitled: AN ACT TO PROVIDE STANDARDS FOR THE ESTABLISHMENT AND MAINTENANCE OF EXTERNAL REVIEW PROCEDURES IN HEALTH INSURANCE AND MANAGED CARE TO ASSURE THAT COVERED PERSONS HAVE THE OPPORTUNITY FOR AN INDEPENDENT REVIEW OF A HEALTH BENEFIT PLAN COVERAGE DECISION MADE BY THE INSURER OR MANAGED CARE PLAN; AND TO MAKE CONFORMING AMENDMENTS TO EXISTING LAWS ON UTILIZATION REVIEW AND GRIEVANCES. The act would establish an external, independent review process for consumers to obtain an external review of disputes regarding complaints and issues relating to the consumer’s health benefit plan. External reviews would be conducted by independent review organizations approved by the Commissioner of Insurance. The decision of the review organization must be made within 45 days or four days if necessary to avoid jeopardizing the health or life of the covered person and would be binding upon the insurer. The act would become effective July 1, 2001. 2. A second piece of legislation is entitled: AN ACT TO PROTECT PERSONS ENROLLED IN AN HMO FROM THE CONSEQUENCES OF THE INSOLVENCY OF THAT HMO BY AUTHORIZING ASSESSMENTS OF REMAINING HMOs IN THE STATE TO PAY FOR UNCOVERED EXPENDITURES OF AND CONTINUATION OF COVERAGE FOR THE ENROLLEES. The act would provide a mechanism with which the Commissioner of Insurance may ensure that uncovered claims against an insolvent HMO are covered and health care coverage for enrollees is continued. The act would become effective July 1, 2001. 3. A third piece of legislation is entitled: AN ACT TO PROVIDE THAT A MANAGED CARE ENTITY PROVIDING A HEALTH BENEFIT PLAN IS LIABLE FOR DAMAGES FOR HARM TO ITS INSUREDS OR ENROLLEES CAUSED BY THE MANAGED CARE ENTITY’S FAILURE TO EXERCISE ORDINARY CARE. The act would establish a standard of care for managed care entities which administer, deliver, arrange for, provide for, or reimburse for health care services or assume the risk for the delivery of health care services and to provide for recovery for violations of that standard. The act would become effective July 1, 2001. 4. A fourth piece of legislation is entitled: AN ACT TO PROVIDE FOR THE PROMPT PAYMENT OF CLAIMS UNDER HEALTH BENEFIT PLANS AND TO MAKE CONFORMING AMENDMENTS TO RELATED CLAIM PAYMENT LAWS. The act would require insurers to pay an uncontested claim submitted by a claimant within 30 days. If the claim is not paid within 30 days, interest at 18 percent will be added to the claim. A violation of the act would subject the insurer to civil penalties, restitution or license suspension or revocation by the Commissioner of Insurance pursuant to G.S. 58-2- 70. The act would become effective July 1, 2001. 5. A fifth piece of legislation is entitled: AN ACT TO REQUIRE UTILIZATION REVIEW AND GRIEVANCE PROCEDURES PURSUANT TO G.S. 58-50-61 AND G.S. 58-50-62 TO INCLUDE ON THE REVIEW OR GRIEVANCE PANEL PROVIDERS LICENSED, CERTIFIED, OR REGISTERED IN NORTH CAROLINA IN THE SAME MEDICAL OR ALLIED HEALTH OCCUPATION AS THE PROVIDERS WHO ARE PARTIES TO THE REVIEW OR GRIEVANCE. The current law specifies that medical doctors and other qualified health care professionals must be involved in utilization and grievance review conducted by the insurers. The act would provide insurers with specific requirements to abide by when selecting reviewers. The selection must be based on the license, certification or registration of the providers who are parties to the review or grievance. The act becomes effective when it becomes law. 29 MENTAL HEALTH AND CHEMICAL DEPENDENCY PARITY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Verla C. Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Pro Tem’s Appointments Speaker’s Appointments Ms. Susan F. Green, Cochair 522 N. Elam Avenue, Suite 203 Greensboro, NC 27403 (336) 854-2391 Rep. Martha Alexander, Cochair 1625 Meyers Park Drive Charlotte, NC 28207 (704) 365-3841 Ms. Pearl L. Finch 10805 South NC 581 Bailey, NC 27807 Rep. Dan Barefoot 709 S. Aspen Street Lincolnton, NC 28092 (704) 735-5817 Mrs. Martha Clampitt McKay 525 Wade Avenue, #48 Raleigh, NC 27605 Rep. Joanne Bowie 106 Nut Bush Road East Greensboro, NC 27410 (336) 294-2587 Sen. William Martin PO Box 21325 Greensboro, NC 27420-1325 (336) 373-1530 Rep. James Walker Crawford, Jr. 509 College Street Oxford, NC 27565 (252) 492-3383 Mr. Lonnie Pridgen 121 Sarahs Circle New Bern, NC 28562 Rep. Jerry Dockham PO Box 265 Denton, NC 27239 (336) 859-2281 Mr. Selbert McRae “Bert” Wood, Jr. 1068 North Main Street Mount Airy, NC 27030 Rep. Bill Hurley PO Box 714 Fayetteville, NC 28302 (910) 483-6210 Staff Clerk Ms. Linda Attarian Ms. Ann Faust Research Division (919) 733-7208 (919) 733-2578 Mental Health and Chemical Dependency Parity Committee The Committee on Mental Health and Chemical Dependency Parity recommends a single piece of legislation, entitled, “AN ACT TO REQUIRE PARITY IN HEALTH INSURANCE COVERAGE FOR MENTAL ILLNESS AND CHEMICAL DEPENDENCY TREATMENT”. The act would require all group health plans to provide coverage of mental illness and chemical dependency. Group health plans covering 10 or more employees must provide coverage for mental illness and chemical dependency at full parity to the benefits for physical illness under the plan. Full parity means that the plan’s benefit restrictions on day and visit limits, deductibles, coinsurance factors, co-payments, maximum out-of-payment limits, annual and 30 lifetime dollar limits, and any other dollar limits or fees for covered services prior to reaching any maximum out-of-pocket limit must not be less favorable than those for physical illness generally. The act requires group health plans covering less than 10 employees to provide coverage for mental illness and chemical dependency at partial parity to the benefits for physical illness under the plan for a period not to exceed three years, and at full parity at the end of the three-year period. Partial parity means that the plan’s benefit restrictions on day and visit limits, maximum out-of-pocket limits, and annual and lifetime dollar limits must not be less favorable than those for physical illness generally. Deductibles, coinsurance factors, co-payments, and any other dollar limits or fees for covered services prior to reaching any maximum out-of-pocket limit may be more restrictive for mental illness and chemical dependency benefits than those for physical illness. The act further requires the Legislative Commission on MH/DD/SAS to study the issue of whether the coverage and parity mandates are too onerous on small group health plans after enough time has passed to collect reliable cost and outcome data. After the study, the Commission is to report its determination regarding whether these small plans should move to full parity at the end of the three-year period to the 2003 General Assembly. INSOLVENCY OF MUTUAL BURIAL ASSOCIATIONS COMMITTEE Authority: S.L. 1999-395 LRC Member Rep. Verla C. Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Pro Tem’s Appointments Speaker’s Appointments Sen. Larry Shaw, Cochair PO Box 1195 Fayetteville, NC 28302 (910) 323-5303 Rep. Howard Hunter, Jr., Cochair PO Box 506 Murfreesboro, NC 27855 (252) 398-5630 Mr. Jack Briggs Briggs Funeral Home PO Box 218 Denton, NC 27239 Rep. Alma Adams #2 Mandela Court Greensboro, NC 27401 (336) 370-8675 Mr. Steve Bryan, Exec. Director Bryan Funeral Service PO Box 160 Swan Quarter, NC 27885 Rep. Nurham Warwick 402 Fox Lake Drive Clinton, NC 28328 (910) 592-4807 Sen. Luther Jordan PO Box 390 Wilmington, NC 28402 (910) 763-2441 Mr. Dean Wilkerson PO Box 2245 Greenville, NC 27836 Staff Clerk Ms. Esther Manheimer Ms. Barbara Phillips Ms. Erika Churchill (919) 733-2962 Research Division (919) 733-2578 31 Insolvency of Mutual Burial Associations Committee The Insolvency of Mutual Burial Associations Committee met one time. At the meeting, the Committee staff presented SB 212, a bill entitled Mortuary Science Changes. The Committee heard from Mr. Andrew Ritter, Director of the North Carolina Board of Mortuary Science. He stated that thus far, the Board was pleased with effect of SB 212, as it has allowed insolvent mutual burial associations to dissolve. Mr. Ritter stated that at this time the Board would not recommend further changes to the mutual burial association statutes. The Committee also heard from Mr. John Carr who represents the North Carolina Funeral Directors Association. Mr. Carr concurred with Mr. Ritter and stated that the committee might need to revisit the insolvency issue next interim, but that it was possible that his organization would recommend no further changes to the law when the committee meets again after the 2000 Short Session. The Committee will continue its work following the 2000 Session of the General Assembly and will report to the 2001 Session of the General Assembly, as required. 32 33 IV. INTERGOVERNMENTAL ISSUES GROUPING IMPACT OF MILITARY BASES ON PUBLIC SERVICES AND TAXES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Wainwright PO Box 33 Havelock, NC 28532 (252) 447-7379 Pro Tem’s Appointments Speaker’s Appointments Sen. Oscar Harris, Cochair PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Alex Warner, Cochair 212 South Main Street Hope Mills, NC 28348 (910) 424-5350 Sen. Patrick Ballantine 201 North Front Street, Suite 405 Wilmington, NC 28401 (910) 763-0673 Rep. Robert Grady PO Box 5091 Jacksonville, NC 28540 (910) 353-3579 Mr. Joe Bowser 9 Druid Place Durham, NC 27707 Rep. J. William Hurley PO Box 714 Fayetteville, NC 28302 (910) 483-6210 Ms. Margaret Highsmith Dickson 115 Dobbin Avenue Fayetteville, NC 28305 Rep. Carolyn B. Russell 304 Glen Oak Drive Goldsboro, NC 27534 (919) 736-2665 Sen. Anthony E. Rand 2008 Litho Place Fayetteville, NC 28304 (910) 485-8871 Rep. Russell E. Tucker 464 North NC Highway 11 Pink Hill, NC 28572 (252) 568-3295 Mr. Dedrick Samuels 209 Woodhaven Drive Lexington, NC 27295 Rep. Nurham Warwick 402 Fox Lake Drive Clinton, NC 28328 (910) 592-4807 Staff Clerk Ms. Cindy Avrette Ms. Ann Stancil Mr. Al Andrews (919) 733-5853 Research Division (919) 733-2578 Ms. Linda Millsaps Fiscal Research (919) 733-4910 34 Committee on the Impact of Military Bases on Public Services and Taxes The LRC Study Committee on the Impact of Military Bases on Public Services and Taxes met twice during the interim. North Carolina regards its military bases as one of its greatest assets. The communities in which the military bases are located receive an economic benefit from their presence in them. These communities also provide services to support the bases and the military personnel that work on those bases. The Chairs viewed the Committee’s work as a “fact-finding” mission to explore the benefits communities derive from the presence of these bases in their areas, as well as the revenues these communities must expend to support the bases. At its first meeting, the Committee heard presentations from Colonel David Jones, the Governor’s military liaison, Ms. Betty Smith, from Fort Bragg, and Mr. John Peacock and Mr. Tony World, representing Seymour Johnson Air Force Base. They addressed the economic benefits derived by the State from the presence of the military bases in the State. On the expenditure side, the Committee heard presentations concerning the impact the bases have on a community’s educational system, transportation system, and infrastructure. The Committee heard presentations from Mr. Rick Glazier, former Chairman of the Cumberland County Board of Education, and Mr. Ricky Lopes, the finance officer from Cumberland County on the educational issues. It heard presentations from the Department of Transportation, local leaders, and community representatives on the remaining issues. The Committee has not made any findings and does not have any recommendations for the 2000 Session of the 1999 General Assembly. The Committee plans to continue its work in the fall. RESOLUTION OF CONFLICTS BETWEEN BOARDS OF EDUCATION AND COUNTY COMMISSIONERS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Wainwright PO Box 33 Havelock, NC 28532 (252) 447-7379 Pro Tem’s Appointments Speaker’s Appointments Sen. Linda Garrou, Cochair 3910 Camerille Farm Road Winston Salem, NC 27106 (336) 922-4192 Rep. Doug Yongue, Cochair 604 Prince Street Laurinburg, NC 28352 (910) 276-1727 Ms. Annette Carter PO Box 226 Dallas, NC 28034 (704) 864-8377 Rep. Gordon Allen PO Box 100 Roxboro, NC 27573 (336) 599-2175 Mr. Dumont Clarke 100 North Tryon Street, 47th Floor Charlotte, NC 28202-4003 Rep. Andy Dedmon PO Box 293 Earl, NC 28038 (704) 487-7272 Sen. Charlie Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. Jim Horn 810 Polkville Road Shelby, NC 28150 (704) 487-9420 Sen. Fletcher Hartsell PO Box 368 Concord, NC 28026-0368 (704) 786-5161 Rep. Max Melton 220 Sandy Ridge Road West Monroe, NC 28122 (704) 764-3690 35 Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Rep. Martin Nesbitt 29 N. Market Street., 7th Floor Asheville, NC 28801 (828) 252-0490 Staff Clerk Ms. Kory Goldsmith Ms. Jenny Umstead Research Division (919) 733-5821 (919) 733-2578 Ms. Phyllis Pickett Bill Drafting Division (919) 733-6660 Resolution of Conflicts between Boards of Education and County Commissioners Committee The Committee on Resolving Conflicts Between School Boards and County Commissioners met two times. At the first meeting, the Committee received general information from several Institute of Government Faculty members. Mr. Don Liner reviewed the State and local funding and governance structures for North Carolina public schools. He provided some historical background as well as general comparisons with other states. Mr. John Stephens reviewed the budget dispute resolution process between school boards and county commissioners. He gave an historical overview of how the procedure for resolving conflicts has evolved. Ms. Susan Flinspach gave an overview of other States’ Funding while focusing on a regional comparison of states with independent school systems and states with dependent systems. Based on her research, she concluded that there was no clear association between the governance structure of school boards (independent vs. dependent) and the level of educational funding those boards received. At the second meeting, the Committee heard presentations from several members of the General Assembly staff. Ms. Kory Goldsmith and Ms. Phyllis Pickett, Committee Co-counsel, presented a legal memorandum outlining the current State and local budgetary process. Mr. Philip Price, Fiscal Analyst, provided some longitudinal information related to State, local, and federal spending for current expenses from 1970 to 1998. The Committee then heard presentations from Ms. Leanne Winner, North Carolina School Boards Association, and Mr. Ed Reagan, North Carolina Association of County Commissioners. Ms. Winner presented information indicating that many school boards believe that county commissioners attempt to influence school policy by using the budgetary process. She noted that some school boards are very reluctant to force a budgetary mediation for fear of future budgetary retaliation by the county commissioners. Ms. Winner also stated that the current funding structure reduces local accountability because school boards can blame the county commissioners if the schools lack resources and the county commissioners can blame school boards if citizens are unhappy with educational policies. Mr. Reagan noted that the County Commissioners Association does not believe there is a problem. He noted that the budget process is built on a dynamic tension, but that was beneficial because the commissioners must look at all the needs of the county. He noted that the current system has produced good to excellent credit ratings for North Carolina’s counties and questioned what impact any change would have on that status. Finally, Mr. Reagan cautioned that if the State grants independent taxing authority to school boards, other local agencies would want similar authority. The Committee will continue its work following the 2000 Session of the General Assembly and will report to the 2001 Session of the General Assembly. 36 37 V. GOVERNMENT REGULATION GROUPING ANIMAL TREATMENT PROCEDURES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Eleanor Kinnaird, Cochair PO Box 25397 Raleigh, NC 27611 (919) 856-2200 Rep. Dewey Hill, Cochair PO Box 723 Whiteville, NC 28472 (910) 642-6044 Dr. Kelli K. Ferris NCSU-CVM 4700 Hillsborough Street Raleigh, NC 27606 Dr. Mark Green, Past President NC Veterinary Medical Association 7305 North Tryon Street Charlotte, NC 28262 Sen. Virginia Foxx 11468 Highway 105 Banner Elk, NC 28604 (828) 963-5025 Rep. Julia Howard 330 S. Salisbury Street Mocksville, NC 27028 (336) 751-3538 Mr. William Reppy, Jr. 5700 Barbee Chapel Road Chapel Hill, NC 27514 Ms. Michele Karwoski 524 S. Boylan Avenue Raleigh, NC 27603 Mr. Millard R. Rich 1200 Bancroft Street Raleigh, NC 27612 Rep. Bill Owens PO Box 537 Elizabeth City, NC 27907 (252) 335-1850 The Honorable James Speed 415 Laurel Mill Road Louisburg, NC 27549 Rep. Russell E. Tucker 464 N NC 11 Highway Pink Hill, NC 28572 (252) 568-3295 Staff Clerk Ms. Barbara Riley Ms. Kathie Young Research Division (919) 733-5804 (919) 733-2578 Animal Treatment Procedures Committee The Animal Treatment Procedures Committee held four meetings. At the first meeting the Committee viewed an animal control documentary, and were presented with a brief history of spay/neuter legislation, on animal control in the State, and heard from the County Commissioners’ Association. The Committee heard an explanation of SB 330 from committee counsel, Ms. Barbara Riley. At the second meeting, Senator Kinnaird introduced a revised version of SB 330. Dr. Mark Green, a committee member, presented a spay/neuter pilot program. Peter Marsh, a member of a Legislative Study Commission on 38 spay/neutering programs from New Hampshire, gave a presentation on state funded programs in New Hampshire. Members of the public commented on the bill and spay/neuter problem. At the third meeting, the committee discussed recommended changes from members and the public. At the fourth and final meeting, the final report was adopted. The Animal Treatment Procedures Committee found there is a pressing need for the establishment of a statewide spay/neuter program under which low-income citizens of North Carolina can access affordable spay/neuter procedures for their dogs and cats. The Committee further found that the funding for this program should be voluntarily provided by citizens through the purchase of special license plates and special rabies tags. Based on the committee’s findings and recommendations, the Animal Treatment Procedures Committee recommends the following bill to the 2000 General Assembly: A BILL TO BE ENTITLED AN ACT TO ESTABLISH A VOLUNTARILY FUNDED STATEWIDE SPAY/NEUTER PROGRAM TO PROVIDE EDUCATION ON THE BENEFITS OF SPAYING AND NEUTERING PETS AND TO PROVIDE FINANCIAL ASSISTANCE TO COUNTIES AND CITIES OFFERING LOW-INCOME PERSONS REDUCED COST SPAY/NEUTER SERVICES FOR DOGS AND CATS. This bill creates a voluntarily funded statewide program to provide low-income persons with reduced cost spay/neuter services for their dogs and cats and provides for an educational program for pet owners on the benefits of having their pets spayed or neutered. It further establishes a non-reverting, special revenue Spay/Neuter Account in the Department of Health and Human Services from which the statewide program would be funded. Revenue for the account would come from an additional 50 cent fee on the cost of obtaining a special rabies vaccination tag, which is an alternative to the standard rabies tag and will be a different shape and carry the designation "I Care". Also, license plate fees from an Animal Lovers special plate, ten dollars of which the additional fee imposed for the special plate would be transferred to the Account, and any grants or donations. The bill also amends G.S. 20-81.12(b)(10) to provide for the distribution of revenues received from Animal Lovers license plates, to direct that the money received from the issuance of the plate in the Collegiate and Cultural Attraction Account is transferred quarterly to the Spay/Neuter Account. The bill would become effective January 1, 2001. UNVENTED GAS HEATERS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Charles Albertson, Cochair 136 Henry Dunn Pickett Road Beulaville, NC 28518 (910) 298-4923 Rep. Andrew T. Dedmon, Cochair 331 South Washington Street Shelby, NC 28150 (704) 487-7272 Mr. Jerry Crisp PO Box 9063 Morganton, NC 28680 Rep. John D. Bridgeman 605 South New Hope Road Gastonia, NC 28054 (704) 868-4188 Mr. William Small 531 Tuggle Street Durham, NC 27713 Rep. Mary E. McAllister 730 Spyglass Drive Fayetteville, NC 28311 39 (910) 488-6118 The Honorable James Speed 415 Laurel Mill Road Louisburg, NC 27549 Rep. Amelia A. H. Morris 105 Pigeon House Court Fayetteville, NC 28311 (910) 630-0085 Ms. Frances Walker Tr. 2, Box 254 Moyock, NC 27958 Rep. Larry W. Womble 1294 Salem Lake Road Winston-Salem, NC 27107 (336) 784-9373 Staff Clerk Mr. Rick Zechini Ms. Nancy Pulley Research Division (919) 733-5655 (919) 733-2578 Unvented Gas Heaters Committee The Unvented Gas Heaters Committee has not yet met and is not making a report to the 2000 Session. NONDEPOSITORY TRUST COMPANIES AND FAMILY TRUST COMPANIES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Ed Warren, Cochair 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Rep. Henry Michaux, Jr., Cochair PO Box 2152 Durham, NC 27702-2152 (919) 596-8181 Sen. Kay Hagan 305 Meadowbrook Terrace Greensboro, NC 27408 (336) 379-8721 Rep. John Bridgeman 605 South New Hope Road Gastonia, NC 28054 (704) 868-4188 Sen. Robert Rucho 400 Trafalgar Place Matthews, NC 28105 (704) 364-3770 Rep. Walter Church, Sr. PO Box 760 Valdese, NC 28690 (828) 874-2141 Sen. Larry Shaw PO Box 1195 Fayetteville, NC 28302 (910) 323-5303 Rep. Edgar Starnes 1375 L.R. Boulevard SE, Suite 104 Hickory, NC 28602 (828) 327-6595 Sen. R.C. Soles, Jr. PO Box 6 Rep. Constance Wilson 726 Lansdowne Road 40 Tabor City, NC 28463 (910) 653-2015 Charlotte, NC 28270 (704) 364-2311 Staff Clerk Mr. Walker Reagan Ms. Phyllis Porter Research Division (919) 733-5745 (919) 733-2578 Nondepository Trust Companies and Family Trust Companies The Nondepository Trust Companies and Family Trust Companies Committee met two times. The Committee discussed that under current law companies that wished to engage solely in trust business were required to be chartered and regulated as a bank, even though the company did not operate as a depository institution. The Committee also discussed that NC trust companies would be prohibited from operating on an interstate basis unless NC recognizes the right of out-of-state trust companies to operate in North Carolina. The Committee heard from the NC Commissioner of Banks and the NC Attorney General’s Office that a model State Trust Company Act recommended by the national Conference of State Banking Supervisors has been adopted in about half the other states. The model act would provide for a separate process for chartering trust companies, would permit state charter trust companies to operate on an interstate basis, and would provide the same protections to the consuming public as provided by the current regulatory structure. The Committee decided to recommend a bill to enact the model State Trust Company Act as recommended by the Conference of State Banking Supervisors, with modifications to conform to North Carolina law. Based on its findings and recommendations, the Nondepository Trust Companies and Family Trust Companies Committee recommends the following bill to the 2000 Regular Session of the General Assembly: A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CHARTERING OF INDEPENDENT TRUST COMPANIES AND TO PERMIT BANKS AND TRUST COMPANIES TO CONDUCT A TRUST BUSINESS ON AN INTERSTATE BASIS. This bill would create a regulatory structure for companies solely operating a trust business separate from the regulation of banks, and would permit trust businesses to be operated on an interstate basis under certain conditions. MARRIAGE LICENSE LAWS COMMITTEE Authority: S.L. 1999-332, HB 135 LRC Member Sen. Ed Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Pro Tem’s Appointments Speaker’s Appointments Sen. Jeanne Lucas, Cochair Rep. Ronnie N. Sutton, Cochair PO Box 3366 PO Box 787 Durham, NC 27702 Pembroke, NC 28372 (919) 682-0217 (910) 521-4797 Sen. Hamilton Horton, Jr. Rep. R. Phillip Haire 328 North Spring Street PO Box 248 Winston-Salem, NC 27101 Sylva, NC 28779 41 (336) 773-1324 (828) 586-9210 Sen. Steve Metcalf Rep. Dewey L. Hill PO Box 1694 PO Box 723 Asheville, NC 28802 Whiteville, NC 28472 (828) 232-1998 (910) 642-6044 Sen. Dan Robinson Ms. Catherine C. McLamb PO Box 115 Howard Stallings From and Hutson Cullowhee, NC 28723 PO Box 12347 (828) 293-9427 Raleigh, NC 27605 Sen. David Weinstein Rep. Jennifer Weiss 206 W. 31st Street 303 Tibbetts Rock Drive Lumberton, NC 28358 Cary, NC 27513 (910) 739-3048 (919) 678-1367 Staff Clerk Ms. Wendy Graf Ms. Dee Hodge Research Division (919) 733-5955 (919) 733-2578 Marriage License Laws Committee The Marriage License Laws Committee met two times. At the first meeting, the Committee was given an overview of the marriage license laws in North Carolina and the potential problems with those laws. A representative of the Institute of Government and the President of the North Carolina Association of Registers of Deeds addressed the Committee and answered questions about the process an applicant must go through in order to get a marriage license in North Carolina. Based on the information presented at the meeting, the Committee identified several key issues for further study. At the second meeting, the Committee heard from a representative of the ACLU regarding the constitutionality of the statute that sets out who is authorized to solemnize a marriage in North Carolina. The Committee also heard from a representative of Prisoner Legal Services regarding the rights of prisoners in obtaining marriage licenses so that they may marry. The Committee then discussed and prioritized issues that they plan to study further when they meet after the 2000 Session of the General Assembly. The Committee will not report to the 2000 Session, but will continue its work and report to the 2001 Session of the General Assembly with any relevant recommendations. 42 43 VI. CIVIL LIABILITY AND STRUCTURED SETTLEMENTS GROUPING DEFIBRILLATORS – USE AND LIABILITY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. James W. Crawford, Jr. 509 College Street Oxford, NC 27565 (919) 693-6119 Pro Tem’s Appointments Speaker’s Appointments Sen. Ed Warren, Cochair 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Rep. Thomas Wright, Cochair PO Box 1654 Wilmington, NC 28402 (910) 350-5921 Sen. Charles Carter PO Box 131 Asheville, NC 28802 (828) 645-4221 Rep. Bill Culpepper PO Box 344 Edenton, NC 27932 (252) 482-2175 Sen. James Forrester PO Box 459 Stanley, NC 28164 (704) 263-4716 Rep. Donald Davis PO Box 1113 Dunn, NC 28335 (910) 892-1841 Sen. Jeanne H. Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Rep. Marian N. McLawhorn PO Box 399 Grifton, NC 28530 (252) 514-6073 Sen. William Purcell 1301 Dunbar Drive Laurinburg, NC 28352 (910) 276-7328 Rep. Russell Tucker 464 N. NC 11 Hwy. Pink Hill, NC 28572 (252) 568-3295 Staff Clerk Mr. Ken Levenbook Ms. Vanda Wilson-Womack Bill Drafting Division (919) 733-5754 (919) 733-6660 Mr. Al Andrews Research Division (919) 733-2578 Defibrillators – Use and Liability Committee The Defibrillators--Use and Liability Study Committee met three times in Raleigh on March 1, 2000, March 29, 2000, and April 18, 2000. During its proceedings, the Committee heard about the American Heart Association’s initiative to make automated external defibrillators readily available throughout the United States and how, as of March, 2000, 45 states had enacted some form of legislation regulating these medical devices. 44 An automated external defibrillator (AED) is a device that analyzes heart rhythms and delivers an electric current to the heart if the heart has suffered a sudden cardiac arrest or is in ventricular fibrillation, restarting the heart and restoring it to normal rhythm. When a person is in ventricular fibrillation or is in cardiac arrest, the person is, for all intents and purposes, dead. There are two types of AEDs; one analyzes the heart rhythm and then informs the human operator to push a button giving the victim the electrical shock, the other requires no human intervention. The Committee saw demonstrations of AEDs and the "dumb" defibrillators, now used in hospitals and on many ambulances, which require the operator to interpret the heart rhythms and decide whether or not to deliver the electric shock. The Committee heard from persons who survived sudden cardiac arrest because of the availability of an AED and the family of a young girl who might have survived, but for the absence of an AED at a sporting event. The Committee heard about the availability of AEDs and other life support systems throughout the State and about the licensing of emergency health care providers. A working group was established involving all of the interested parties and after several lengthy meetings developed the proposed legislation to encourage the placement of AEDs. The proposed legislation clarifies that the person actually using the AED is covered by the existing "first aid" liability exemption; that the entity placing the AED would be exempt from liability if there was a training program; that the entity providing the training would be exempt from liability; and that the physician signing a prescription for the placement of an AED would be exempt from liability. The bill also makes it clear that it is not the intention of the General Assembly to mandate or require the placement of AEDs making that placement the accepted standard of medical care in North Carolina. The bill provides that the placement of AEDs should be encouraged but remain totally voluntary. The Committee is recommending the following legislation: A BILL TO BE ENTITLED AN ACT TO LIMIT LIABILITY WHEN A PERSON USES AN AUTOMATED EXTERNAL DEFIBRILLATOR TO RENDER EMERGENCY HEALTH CARE TREATMENT TO ATTEMPT TO SAVE THE LIFE OF A PERSON WHO IS IN OR WHO APPEARS TO BE IN CARDIAC ARREST. STATE TORT LIABILITY AND IMMUNITY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. James W. Crawford, Jr. 509 College Street Oxford, NC 27565 (919) 693-6119 Pro Tem’s Appointments Speaker’s Appointments Sen. Brad Miller, Cochair 2306 Beechridge Road Raleigh, NC 27608 (919) 881-9609 Rep. Martin L. Nesbitt, Jr., Cochair 29 N. Market Street, 7th Floor Asheville, NC 28801 (828) 252-0490 Sen. Robert Carpenter 29 Admiral Drive Franklin, NC 28734 (828) 524-5009 Rep. R. Phillip Haire PO Box 248 Sylva, NC 28779 (828) 586-1765 Mr. Jerry Harris PO Box 367 LaGrange, NC 28551 Rep. Joe L. Kiser PO Box 47 Vale, NC 28168 (704) 462-1590 45 Mr. Eric Newman Sr. Vice Pres., & General Counsel Bojangles Restaurants, Inc. PO Box 240239 Charlotte, NC 28224 Rep. Ronnie N. Sutton PO Box 787 Pembroke, NC 28372 (910) 521-4797 Hon. Jerry Tillett PO Box 1761 Manteo, NC 27954 Rep. Trudi Walend 112 Ridgewood Place Brevard, NC 28712 (828) 884-9314 Staff Clerk Mr. Walker Reagan Ms. Jan Lee Ms. Wendy Graf Mr. Frank Folger (919) 733-5872 Ms. Trina Griffin Research Division (919) 733-2578 State Tort Liability and Immunity The State Tort Liability and Immunity Committee met four times. The Committee discussed the various legal concepts associated with governmental liability and immunity including the Tort Claims Act, the Duty to Defend State Employees, the public duty doctrine, and the liability of local governments. The Committee focused on whether the State Tort Claims limit should be raised from its current limit of $150,000. After hearing from people injured by the negligence of a state employee, the Department of Insurance, the Attorney General’s Office, and reviewing the laws of other states, the Committee concluded that the current Tort Claims limit was inadequate to cover the some of the significant damages caused by the State and that the Tort Claims limit should be raised. The Committee also found that many state agencies could not afford to pay the liability in excess of $150,000 per claim. The Committee decided to recommend a bill to raise the State’s liability for torts committed by its employees from $150,000 to $500,000 per claim. The bill also provides that individual State agencies would continue to be responsible for the first $150,000 of damages as provided under current law, but damages in excess of $150,000 are to be paid from the State Excess Liability Fund created by this bill. The bill appropriates $2.64 million to this Fund for FY 2000-2001. The Committee intends to continue its study of other State and local government liability and immunity issues following the 2000 Regular Session. Based on its findings and recommendations, the State Tort Liability and Immunity Study Committee recommends the following bill to the 2000 Regular Session of the General Assembly: A BILL TO BE ENTITLED AN ACT TO INCREASE THE STATE TORT CLAIM LIMIT AND STATE LIABILITY UNDER THE DUTY TO DEFEND STATE EMPLOYEES LIABILITY AND TO PROVIDE FOR THE FUNDING OF STATE TORT LIABILITY CLAIMS IN EXCESS OF $150,000. This bill would raise the State Tort Claims limit from $150,000 to $500,000 per claim and would create the State Excess Liability Fund to cover the liability per claim in excess of $150,000. 46 SALE OF STRUCTURED SETTLEMENTS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. James W. Crawford, Jr. 509 College Street Oxford, NC 27565 (919) 693-6119 Pro Tem’s Appointments Speaker’s Appointments Rep. J. William Hurley, Cochair PO Box 714 Fayetteville, NC 28302 (910) 483-6210 Rep. Daniel Blue, Jr. PO Box 1730 Raleigh, NC 27602 (919) 833-1931 Rep. Robert Hensley, Jr. 702 West Jones Street Raleigh, NC 27603 (919) 743-0012 Rep. Joe Kiser PO Box 47 Vale, NC 28168 (704) 462-1590 Rep. Richard Moore 820 Evergreen Avenue Kannapolis, NC 28081 (704) 938-2082 Rep. Gregory Thompson PO Box 574 Spruce Pine, NC 28777 (828) 765-1998 47 VII. COASTAL ISSUES GROUPING COASTAL BEACH MOVEMENT, BEACH RENOURISHMENT AND STORM MITIGATION COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 Pro Tem’s Appointments Speaker’s Appointments Mr. Raymond Sturza, II Planning Director, Dare County PO Box 1000 Manteo, NC 27953 Rep. Nurham O. Warwick, Cochair 402 Fox Lake Drive Clinton, NC 28328 (910) 592-4807 Mr. Ed Booker, President MediaLinks PO Box 4525 Greensboro, NC 27404-4525 The Honorable Joan Altman Mayor of the Town of Oak Island PO Box 1317 Oak Island, NC 28465 Ms. Emily Farmer 9920 Bluff Road Emerald Isle, NC 28594 Mr. A.C. Hall PO Box 310 Pine Knoll Shores, NC 28512 Dr. John Fisher, Ph.D. 105 White Oak Chapel Chocowinity, NC 27817 Mr. Kenneth Harris PO Box 27 Williston, NC 28589 Mr. Carl Huff PO Box 129 Harkers Island, NC 28531 Rep. Daniel F. McComas 1717 Softwind Way Wilmington, NC 28403 (910) 343-8372 Mr. Earl Johnson, Jr. Southern Industrial Instructors 6101 Triangle Drive Raleigh, NC 27613-4717 Rep. John M. Rayfield 119 Oak Trail Belmont, NC 28012 (704) 827-2679 Sen. R. L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Rep. E. David Redwine PO Box 283 Shallotte, NC 28459 (910) 754-4326 Sen. Robert Shaw PO Box 8101 Greensboro, NC 27419 (336) 855-7533 Rep. Ronald L. Smith 103 Gloucester Court Newport, NC 28570 (252) 726-7933 Mr. Sterling Webster PO Box 2716 Kill Devil Hills, NC 28512 Rep. Scott E. Thomas PO Box 12530 New Bern, NC 28561 48 (252) 633-6868 Staff Clerk Ms. Barbara Riley Research Division (919) 733-2578 Ms. Kathy Davis (919) 733-5653 Ms. Emily Johnson Bill Drafting (919) 733-6660 Coastal Beach Movement, Beach Renourishment, and Storm Mitigation The Legislative Research Commission’s Coastal Beach Movement, Beach Renourishment, and Storm Mitigation Study Committee met three times from January through April of 2000. The Committee heard detailed presentations on the extent and nature of beach erosion problems in North Carolina, current administrative and legislative policies that affect beach erosion issues and the economic impact of the beaches on the State’s economy. The Commission also heard detailed presentations on Florida’s beach management program and erosion control activities permitted in the state. The Committee is not making a report to the 2000 Session of the General Assembly, but plans to resume its deliberations at the conclusion of the 2000 Session and will report to the 2001 Session of the General Assembly. PEDESTRIAN FERRY SERVICES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 Pro Tem’s Appointments Speaker’s Appointments Rep. William C. Owens, Jr., Cochair PO Box 537 Elizabeth City, NC 27907 (252) 335-1850 Rep. William T. Culpepper, III PO Box 344 Edenton, NC 27932 (252) 482-2175 Rep. Jean R. Preston 211 Pompano Drive Emerald Isle, NC 28594 (252) 354-6993 Rep. Ronald L. Smith 103 Gloucester Court Newport, NC 28570 (252) 726-7933 Rep. William L. Wainwright PO Box 941 49 Havelock, NC 28532 (252) 633-2422 CAPITAL INCENTIVE PROGRAM FOR TOURISM COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 Pro Tem’s Appointments Speaker’s Appointments Sen. Stephen M. Metcalf, Cochair PO Box 1694 Asheville, NC 28804 (828) 232-1998 Rep. Beverly M. Earle, Cochair 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Mr. Joseph Randolph Fluharty, Jr. One North Pack Square Asheville, NC 28801 Rep. Daniel W. Barefoot PO Box 158 Lincolnton, NC 28092 (704) 735-5817 Sen. John A. Garwood 452 Mark Lane North Wilkesboro, NC 28659 (336) 838-5378 Rep. Zeno L. Edwards, Jr. 212 Riverside Drive Washington, NC 27889 (252) 946-3714 Mrs. Elsie Griggs Pugh 172 Shipyard Road Camden, NC 27921 Mr. Mohammad Jenatian 6532 Montezuma Trail Charlotte, NC 28227 Mr. Richard Y. Tharrington President, First Carolina Management, Inc. PO Box 7246 Rocky Mount, NC 27804 Ms. Carolyn Lohr Carteret County Tourism Development Bureau PO Box 1406 Morehead City, NC 28557 Sen. Ed N. Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Rep. R. Eugene Rogers 908 Woodlawn Drive Williamston, NC 27892 (252) 792-6354 Staff Clerk Ms. Trina Griffin Ms. Karen Cochrane-Brown Research Division (919) 733-2578 Ms. Nancy Pulley (919) 733-5655 Capital Incentive Program for Tourism Committee The Capital Incentive Program for Tourism Committee has not yet met and is not making a report to the 2000 Session. 50 51 VIII. LABOR AND STATE CONSTRUCTION GROUPING EMPLOYMENT SECURITY AND UNEMPLOYMENT INSURANCE TAX COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Linda D. Garrou PO Box 11843 Winston-Salem, NC 27116 (336) 922-4192 Pro Tem’s Appointments Speaker’s Appointments Sen. John Kerr, III, Cochair PO Box 1616 Goldsboro, NC 27533 (919) 734-1841 Rep. E. David Redwine, Cochair PO Box 283 Shallotte, NC 28459 (910) 754-4326 Ms. Tonola Brown Lucent Technologies, Inc. PO Box 20046 Greensboro, NC 27420-0046 Rep. Pete Cunningham 3121 Valleywood Place Charlotte, NC 28216 (704) 394-0919 Sen. Virginia Foxx 11468 Highway 105 Banner Elk, NC 28604 (828) 963-5025 Rep. Pryor Gibson 717 Mountford Avenue Raleigh, NC 27603 (919) 872-8198 Sen. Oscar Harris PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Alex Warner 212 S. Main Street Hope Mills, NC 28348 (910) 424-5350 Sen. David Hoyle PO Box 2494 Gastonia, NC 28053 (704) 867-0822 Rep. Connie Wilson 726 Lansdowne Road Charlotte, NC 28270 (704) 364-2311 Staff Clerk Mr. Bill Gilkeson Ms. Peggy Anne Hogan Research Division (919) 733-5850 (919) 733-2578 Mr. Dave Crotts Ms. Jennifer Hoffman Fiscal Research (919) 733-4910 Employment Security and Unemployment Insurance Tax Committee The Employment Security and Unemployment Insurance Tax Committee met two times. At the first meeting the Committee heard presentations from the Employment Security Commission staff. The presentations dealt with the status of the unemployment insurance fund balance and challenges facing ESC during the upcoming year. At the second meeting the Committee received testimony from North Carolina 52 Citizens for Business and Industry (NCCBI) and from the North Carolina chapter of the National Federation of Independent Business regarding unemployment tax issues. The Committee plans to meet one or two times in the fall in case recommendations are needed for the 2001 legislative session. At these meetings, the Committee will continue to discuss the sufficiency of the unemployment insurance trust fund balance, whether alternative tax rate adjustment triggers should be used in cases in which the fund balance becomes too large or too small, and the implementation of the 1999 legislation creating funding for worker training initiatives under the community college system and ESC reemployment efforts. In addition, the Committee chairs will send a letter to the President Pro-Tem of the Senate and the Speaker of House requesting the some type of permanent interim committee arrangement be adopted in order to provide continuity in legislative oversight of the status of the unemployment insurance trust fund. STATE GOVERNMENT CONSTRUCTION REVIEW AND APPROVAL COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. Linda D. Garrou PO Box 11843 Winston-Salem, NC 27116 (336) 922-4192 Pro Tem’s Appointments Speaker’s Appointments Mr. James Boniface, Cochair Rep. Douglas Y. Yongue, Cochair 8001 Arrowridge Boulevard 604 Prince Street Charlotte, NC 28273-5665 Laurinburg, NC 28352 (910) 276-1727 Sen. R. L. Martin Rep. John D. Bridgeman PO Box 387 605 South New Hope Road Bethel, NC 27812 Gastonia, NC 28054 (252) 825-4361 (704) 868-4188 Sen. Steve Metcalf Rep. Leslie Cox PO Box 1694 PO Box 3001 Asheville, NC 28802 Sanford, NC 27331-3001 (828) 232-1998 (919) 718-1998 Mr. Cleve Paul Rep. Andrew T. Dedmon President, D. S. Simmons, Inc. 331 South Washington Street PO Box 287 Shelby, NC 28150 Goldsboro, NC 27533-0287 (704) 487-7272 Sen. Aaron Plyler Rep. Robert M. Gillespie 2170 Concord Avenue 163 Lake Tahoma Road Monroe, NC 28110 Marion, NC 28752 (704) 289-3541 (828) 724-9185 Mr. Willy Stewart PO Box 12054 Research Triangle Park, NC 27709 Staff Clerk Ms. Wendy Graf Ms. Lorraine Blake 53 Research Division (919) 715-0690 (919) 733-2578 State Government Construction Review and Approval Process Committee The State Government Construction Review and Approval Process Committee met once. At the meeting, the Committee reviewed the work of the 1998 State Government Construction Review and Approval Process Committee. The Committee then heard from the Director of the State Construction Office who gave an overview of the current state construction review and approval process. Representatives of the State Construction Office then presented updates to the Committee on the two major initiatives they have addressed since the 1998 study. The presentations detailed changes made to the OC-25 submittal and approval process and the introduction of a new computer software program that tracks state construction projects as they move through the review, approval, and construction processes. Due to the complex nature of the state construction process and the number of significant operational issues that need to be addressed, the Committee plans to continue meeting after the 2000 Session of the General Assembly. The Committee will not report to the 2000 Session, but will continue its work and report to the 2001 Session of the General Assembly with any relevant recommendations. 54 55 IX. CRIMINAL LAWS GROUPING CAPITAL PUNISHMENT – MENTALLY RETARDED AND RACE BASIS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Pro Tem’s Appointments Speaker’s Appointments Sen. Frank Ballance, Jr., Cochair 523 Legislative Office Bldg. Raleigh, NC 27601-2808 (919) 715-3032 Rep. Ronnie N. Sutton, Cochair PO Box 787 Pembroke, NC 28372 (910) 521-4797 Mr. James Coleman PO Box 90360 Durham, NC 27708 Rep. Rick L. Eddins 1504 Stratlen Court Raleigh, NC 27615 (919) 554-1994 Sen. Charlie Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. Milton F. Fitch, Jr. 615 E. Nash Street Wilson, NC 27893 (252) 291-6500 Sen. Hamilton Horton 328 North Spring Street Winston-Salem, NC 27101 (336) 773-1324 Rep. Paul Luebke 1507 Oakland Avenue Durham, NC 27705 (919) 286-0269 Sen. Larry Shaw PO Box 1195 Fayetteville, NC 28302 (910) 323-5303 Rep. Carolyn B. Russell 304 Glen Oak Drive Goldsboro, NC 27534 (919) 736-2665 Ms. Mary Sutton 1207 Woodberry Road Kinston, NC 28501 Staff Clerk Ms. Brenda Carter Ms. Irma Avent Ms. Susan Hayes Mr. Al Andrews (919) 715-3032 Research Division (919) 733-2578 Ms. Myra Torain Bill Drafting (919) 733-6660 56 Capital Punishment—Mentally Retarded and Race Basis Committee The Committee met three times. At its first meeting, the Committee reviewed the two bills introduced in the 1999 Session that were referred to the Committee as part of its charge - Senate Bill 334 (Prohibiting Death Sentence for Mentally Retarded Persons) and Senate Bill 991 (Prohibiting Death Sentence Obtained on Basis of Race). The Committee received testimony from representatives of the Criminal Division of the Attorney General’s office and from the office of the Appellate Defender. At the second meeting, the Committee focused on the issue of mental retardation and the death penalty. The Committee heard from trial attorneys as well as psychologists and various mental health professionals, including representatives of the NC Psychological Association, the American Association on Mental Retardation and the Association for Retarded Citizens. At the third meeting, the committee focus was on the issue of race as a factor in capital cases. The Committee heard from attorneys and legal scholars, and received information regarding various studies that have been done in North Carolina and in other states. At each meeting the Committee has received public comment, and interested parties have been provided an opportunity to be heard on the issues. The Committee will continue its work following the 2000 Session of the General Assembly and will make a full report to the 2001 Session of the General Assembly. BAIL BOND LAWS COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Pro Tem’s Appointments Speaker’s Appointments Senator Dan Robinson, Cochair PO Box 115 Cullowhee, NC 28723 (828) 293-9427 Rep. William Culpepper, III, Cochair PO Box 344 Edenton, NC 27932 (252) 482-2175 The Honorable Ann M. Calabria PO Box 351 Raleigh, NC 27602 Rep. Walter Church PO Box 760 Valdese, NC 28690 (828) 874-2141 Mr. Robert Brown, Jr. 611 Pharlap Lane Bahama, NC 27503 Rep. Joe Kiser PO Box 47 Vale, NC 28168 (704) 462-1590 Mr. James R. Lawrence, Jr. 405 E. Market Street Smithfield, NC 27577 Rep. Paul McCrary 310 Westover Drive Lexington, NC 27292 (336) 249-9285 Senator Fountain Odom 1515 Elizabeth Avenue Charlotte, NC 28204 (704) 377-7333 Mr. Michael Scofield 4900 Hadrian Way Charlotte, NC 28211 The Honorable C. Colon Willoughby, Jr. PO Box 31 Raleigh, NC 27602 Rep. Scott Thomas PO Box 12530 New Bern, NC 28561 57 (252) 633-6868 Staff Clerk Mr. Al Andrews Ms. June Kendall Research Division (919) 733-2578 (919) 733-3460 Ms. Marilyn Chism Fiscal Research (919) 733-4910 Bail Bond Laws Committee The Bail Bond Laws Committee held three meetings. At the first meeting the Committee heard from Tom Andrews of the Administrative Office of the Courts (AOC) who presented an overview of bail bond laws in North Carolina. He addressed problems in the bail system and ways to better assure that criminal defendants appear in court when required to do so. The Committee also heard from three other speakers who explained problems they saw in bail bonds statutes and the system these statutes regulate. At the second meeting, the Committee heard from several speakers with expertise in the area of pretrial release in North Carolina. Presented topics included: an overview of pretrial detention and release programs; successes and funding needs of various pretrial release programs; and suggestions for improvements to the system. Committee Co-Chair, Rep. Culpepper, charged the various interested parties to meet outside the committee meetings to identify issues and make suggestions for legislative improvements. At the third meeting, the Committee heard from Tom Andrews of AOC who reported the progress of the interested parties working group and presented the result of their efforts -- a proposed bill to modernize and simplify bail bond forfeiture statutes. Several interested parties spoke and acknowledged their support of the bill’s language. One other bill was introduced and explained. This bill would create a first year apprenticeship program for bail bondsmen and upgrade criminal punishments for those who violate bail bond laws. At this meeting the Committee also approved the report to the Legislative Research Commission. Based on the Committee's findings and recommendations, the Bail Bond Laws Committee recommends the following bills to the 2000 General Assembly: A BILL TO BE ENTITLED AN ACT TO REQUIRE SUPERVISION OF FIRST YEAR BAIL BONDSMEN AND RUNNERS; TO MAKE IT A CLASS I FELONY FOR A PERSON TO ACT AS A RUNNER OR BAIL BONDSMAN WITHOUT OBTAINING AND MAINTAINING THE REQUIRED LICENSE OR FOR A BONDSMAN TO KNOWINGLY AND WILLFULLY FAIL TO RETURN ANY COLLATERAL SECURITY VALUED AT MORE THAN $1500; TO REQUIRE THAT COLLATERAL SECURITY IN THE FORM OF CASH OR NEGOTIABLE INSTRUMENTS BE HELD IN TRUST ACCOUNTS; TO PROVIDE FOR THE DISPOSITION OF OUTSTANDING BAIL BOND OBLIGATIONS UPON THE DEATH OR TERMINAL ILLNESS OF A BAIL BONDSMAN; AND TO INCREASE THE MINIMUM SECURITIES DEPOSIT REQUIRED OF PROFESSIONAL BONDSMEN This bill is designed to increase professional within the bail bonding industry by creating what is in effect a one year apprenticeship program for new bail bondsmen and runners. Along those lines this bill requires that collateral pledged as security for a bail bond be held and maintained in trust and that a greater securities deposit be made by professional bondsmen to the Department of Insurance. This bill addresses what should to occur with a bondsman’s business when the bondsman become terminally ill or dies. Finally, this bill increases the criminal punishment to the felony level for violations of certain bail bond laws. The bill’s effective date is October 1, 2000. 58 A BILL TO BE ENTITLED AN ACT TO MODERNIZE THE BAIL BOND FORFEITURE PROCEEDINGS, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION’S BAIL BOND LAWS COMMITTEE. This bill modernizes and simplifies existing bail bond forfeiture language by rewriting much of G.S. §15A-544. The goal is to make the rules and procedures clearer to understand and therefore allow the process to run smoother. This bill lays out the procedures for entry and notice of a provisional judgment of bail forfeiture; the rules for when the judgment becomes final and docketed; and the procedures to follow to seek relief from or appeal a final judgment of forfeiture. The bill’s effective date is January 1, 2001. JUVENILE CRIME AND DELINQUENCY COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Sen. R.L. Martin PO Box 387 Bethel, NC 27812 (252) 825-4361 Pro Tem’s Appointments Speaker’s Appointments Sen. Charles N. Carter, Jr., Cochair PO Box 131 Asheville, NC 28802 (828) 252-6831 Rep. Paul R. McCrary, Cochair 310 Westover Drive Lexington, NC 27292 (336) 249-9285 Sen. Robert C. Carpenter 29 Admiral Drive Franklin, NC 28734 (828) 524-5009 Rep. Joanne W. Bowie 106 Nut Bush Road, East Greensboro, NC 27410 (336) 294-2587 Sen. Kay R. Hagan 305 Meadowbrook Terrace Greensboro, NC 27408 (336) 379-8721 Ms. Katherine Marie Boyette Executive Director The Arc of High Point PO Box 355 High Point, NC 27261 Mr. Drew King, Sr. 706 Red Carriage Avenue Durham, NC 27704 Rep. Milton F. Fitch, Jr. 615 East Nash Street Wilson, NC 27893 (252) 243-5967 Sen. McDaniel Robinson PO Box 115 Cullowhee, NC 28723 (828) 293-9427 Rep. W. James Horn 810 Polkville Road Shelby, NC 28150 (704) 487-9420 The Honorable Paul S. Smith 114 North Milford Drive Salisbury, NC 28144 Rep. Warren C. Oldham 3211 Cumberland Road Winston-Salem, NC 27105 (336) 767-6936 Mr. Jerry Tillett PO Box 1761 Manteo, NC 27954 Rep. Scott E. Thomas PO Box 12530 New Bern, NC 28561 59 (252) 633-6868 Staff Clerk Ms. Susan Hayes Ms. Susan Moore Research Division (919) 733-5664 (919) 733-2578 Juvenile Crime and Delinquency Committee The Juvenile Crime and Delinquency Committee held two meetings. The first meeting was held at C.A. Dillon training school in Butner, NC. At that meeting, the members toured the facility and heard from the Office of Juvenile Justice (OJJ) on various issues that OJJ feels need to be addressed to improve the juvenile system. The Committee also discussed the need for prevention and early intervention programs for juveniles. At the second meeting, the Committee reviewed and approved an interim report to the LRC. The Committee will continue its work following the 2000 Session of the General Assembly and will submit a final report to the 2001 Session of the General Assembly. The Juvenile Crime and Delinquency Committee recommends the following bill to the 2000 General Assembly: AN ACT TO ESTABLISH PILOT PROGRAMS FOR THE USE OF ALTERNATIVE LEARNING PROGRAMS AND JUVENILE DAY REPORTING CENTERS AS A REQUIRED PLACEMENT FOR SUSPENDED STUDENTS. This bill would require the Department of Public Instruction (DPI), in cooperation with the Office of Juvenile Justice, to establish four pilot programs which place suspended students in supervised programs, such as alternative learning programs or juvenile day reporting centers, during the term of the suspension. DPI and OJJ would develop the pilots and report to the 2002 Session of the General Assembly on the implementation of the programs. 60 61 X. GOVERNMENT RECORDS AND TELEPHONE SOLICITATION GROUPING CENTRAL REGISTRY FOR LIVING WILLS AND ORGAN DONATIONS COMMITTEE Authority: S.B. 1999-395, HB 135 LRC Member Rep. Stephen W. Wood PO Box 5172 High Point, NC 27262 (336) 883-9663 Pro Tem’s Appointments Speaker’s Appointments Sen. Luther Jordan, Jr., Cochair PO Box 930 Wilmington, NC 28402 (910) 763-2441 Rep. Stan Fox, Cochair 123 Pine Cone Drive Oxford, NC 27565 (919) 693-6449 Mr. Lyman Hardee 3180 Portertown Road Greenville, NC 27858 Rep. Daniel W. Barefoot PO Box 158 Lincolnton, NC 28092 (704) 735-5817 Ms. Desiree Hillard PO Box 2694 Huntersville, NC 28070 Rep. Howard Hunter PO Box 506 Murfreesboro, NC 27855 (252) 398-5630 Dr. John W. Steele Pitt County Memorial Medical Hospital East Carolina Neurology Department 2501 Stantonburg Road Greenville, NC 27834 Rep. Jean Preston 211 Pompano Drive Emerald Isle, NC 28594 (252) 354-6993 Sen. Hugh Webster PO Drawer W Yanceyville, NC 27379 (336) 694-6675 Rep. Gene Wilson 881 Queen Street Boone, NC 27607 (828) 264-5365 Staff Clerk Mr. Canaan Huie Ms. Mary Capps Bill Drafting (919) 733-6660 (919) 733-5757 Central Registry for Living Wills and Organ Donors The Central Registry for Living Wills and Organ Donors met two times. At the first meeting, the committee heard an overview of current law regarding living wills, organ donors, and health care powers of attorney from committee counsel and heard a briefing regarding technical issues involved with creating and maintaining an online registry by Dennis McCarty of the Information Systems Division of the General Assembly. Additionally, representatives of the North Carolina Bar Association, the Carolina Organ Procurement Agency, the North Carolina Medical Society, and the North Carolina Hospital Association addressed the committee about the establishment of a statewide registry. At the second meeting, the committee heard a presentation by a representative of Hospice for the Carolinas. The committee devoted the remainder of the second meeting to discussion of the registry and to 62 the development of a plan regarding the registry. The committee decided to recommend that a central registry for living wills, health care powers of attorney, and organ donors be established. The committee decided that a reproduction of the particular document should be entered into the registry by a designated State agency and that the registry should be available online to a limited number of individuals. Registration of a document with the registry would not affect the validity of the document or of a subsequent revocation of that document. However, a health care provider would have civil and criminal immunity for good-faith reliance upon information obtained from that registry. There were several issues that were not decided at the second meeting. The committee will address these issues at one or more meetings after the Short Session. Specifically, the committee still needs to decide the following issues: 1. Which agency should have responsibility for maintaining and entering information into the registry. 2. What are appropriate fees for entering information into the registry. 3. What are appropriate timelines for entering information into the registry. 4. How should access to the registry be limited in order to maintain confidentiality while allowing all concerned individuals access to part or all of the registry. The committee is not making an interim report to the 2000 Session of the General Assembly. The committee plans to continue its work following the 2000 Session of the General Assembly and plans to make a final report to the 2001 General Assembly. The committee plans to recommend legislation creating a statewide registry as part of its final report. DIGITIZATION OF PUBLIC RECORDS BY STATE ARCHIVES COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Stephen W. Wood PO Box 5172 High Point, NC 27262 (336) 883-9663 Pro Tem’s Appointments Speaker’s Appointments Mr. David Ferriero, Cochair Duke University Librarian & Vice Provost for Library Affairs PO Box 90193 Durham, NC 27708 (919) 660-5800 Rep. Margaret M. Jeffus, Cochair 1801 Rolling Road Greensboro, NC 27403 (336) 275-4762 Mr. Holt Anderson 17 Chancery Place Durham, NC 27707-5001 Rep. Daniel W. Barefoot PO Box 158 Lincolnton, NC 28092 (704) 735-5817 Mr. Herman Ferguson 600 Chad Street Rocky Mount, NC 27804 Ms. Patsy Dwiggins 209 Nordwin Drive Winston-Salem, NC 27104 Sen. Eleanor Kinnaird PO Box 25397 Raleigh, NC 27611 (919) 856-2200 Rep. Jim Gulley 648-B Matthews-Mint Hill Road Matthews, NC 28105 (704) 845-2084 Mr. B. Perry Morrison PO Box 279 Rep. Gregory J. Thompson PO Box 574 63 Wilson, NC 27894-0279 Spruce Pine, NC 28777 (828)765-1998 Sen. Hugh Webster PO Drawer W Yanceyville, NC 27379 (336) 694-6675 Mr. Kevin Cherry, Historian Rowan County Public Library PO Box 4039 Salisbury, NC 28145-4039 Staff Clerk Ms. Michele Nelson Ms. Mary Lee Robinson Fiscal Research (919) 733-5191 (919) 733-4910 Mr. Dennis McCarty Information Systems Division (919) 733-6834 Digitization of Public Records by State Archives The Legislative Research Commission’s (LRC) on Digitization of Public Records by State Archives met four times to study issues relating to the digitization of public records. The primary focus of the Committee during the 1999-2000 interim was that of fact finding and information gathering. The Committee received significant information in terms of both content and volume relative to the status of the State’s public records system, the requirements of some of the users of the system; and an on-site assessment of the digitized public records system in the State of Virginia. However, there was not sufficient time to complete this research prior to the 2000 Short Session. More extensive work and exploration of issues are planned for the 2000-01 interim. In its findings the Committee identified the following issues or areas: Findings 1) Paper and microfilm continue to offer a more permanent means of maintaining public records. Digitization is a medium for access but not for preservation, and a plan to address public records storage is essential to preservation of archival documents. 2) The massive volumes of information held in depositories statewide necessitate development of consistent standards for both organization and description of information and Internet access that follows the old-fashioned library cataloging system; and preparation of a workable plan for access, i.e. digitization. 3) The Division of Archives and History needs to resume the input of data into the Manuscript and Archives Reference System (MARS), the primary finding-aid for archival information. Recommendation The LRC on Digitization of Public Records by State Archives should continue its research of digitized public records systems, and develop a plan with recommendations for digitization of North Carolina’s public records and for implementation of the system in the future. TELEPHONE SOLICITATION COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Stephen W. Wood PO Box 5172 High Point, NC 27262 (336) 883-9663 64 Pro Tem’s Appointments Speaker’s Appointments Rep. Gordon Allen, Cochair PO Box 100 Roxboro, NC 27573 Sen. David Weinstein, Cochair 206 W. 31st Street Lumberton, NC 28358 (910) 739-3048 (336) 599-2175 Rep. Pryor Gibson 207 Lakewood Circle Troy, NC 27371 Sen. Austin Allran PO Box 2907 Hickory, NC 28603 (828) 322-1410 (919) 872-8198 Rep. Jim Gulley 2009 Kimway Drive Matthews, NC 28105 Sen. Charles N. Carter, Jr. PO Box 131 Asheville, NC 28802 (828) 252-6931 (704) 845-2084 Rep. Edith Warren PO Box 448 Farmville, NC 27828 Sen. Linda Garrou 3910 Camerille Farm Road Winston-Salem, NC 27106 (336) 922-4192 (252) 753-4198 Sen. Jeanne Lucas PO Box 3366 Durham, NC 27702 (919) 682-0217 Rep. Jennifer Weiss 303 Tibbetts Rock Drive Cary, NC 27513 (919) 678-1367 Sen. Dan Robinson PO Box 115 Cullowhee, NC 28723 (828) 293-9427 Rep. Eugene Wilson 881 Queen Street Boone, NC 28607 (828) 264-5365 Mr. Robert Warren 2186 NC 242 Hwy. North Benson, NC 27504 Staff Clerk Mr. Sean Dail Ms. Lillie Pearce Bill Drafting (919) 733-5662 (919) 733-6660 Ms. Esther Manheimer Research Division (919) 733-2578 Telephone Solicitation Committee The Committee on Telephone Solicitation held three meetings. At the first meeting the Committee studied HB 1080 (Telephone Solicitation). The Committee heard a bill explanation from staff. In addition the Attorney General’s Office, the Secretary of State’s Office and stakeholders commented on the bill. At the second meeting, Representative Allen introduced a bill that mirrors the federal law on telephone solicitation. Again, staff presented a bill summary and a member of the public, the Attorney General’s Office, the Secretary of State’s Office and stakeholders made comments concerning Representative Allen’s 65 bill. Staff was instructed to meet with the Attorney General’s staff to work on the bill and staff was also instructed to prepare a final report. At the third and final meeting the final report was adopted. Findings and Recommendations The Committee on Telephone Solicitation finds that the public interest requires the establishment of a mechanism under which the citizens of North Carolina can decide whether or not they wish to receive telemarketing calls in their homes. The Committee further finds that the rights to privacy and to commercial speech can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices. Based on the committee's findings and recommendations, the Committee on Telephone Solicitation recommends the following bill to the 2000 General Assembly: A BILL TO BE ENTITLED AN ACT TO PROVIDE CONSUMERS WITH CONTROL OVER TELEPHONE SOLICITATION CALLS TO THEIR HOMES. This bill (1) requires telephone solicitors doing business in this State to identify themselves when they call and inquire at the beginning of the call whether the person called consents to the solicitation; (2) requires telephone solicitors doing business in this State to remove residential telephone subscribers from their contact lists when those subscribers request to be removed; (3) limits telephone solicitations in this State to the hours of 8 a.m. to 9 p.m.; (4) prohibits telephone solicitors from blocking the transmission of Caller ID; and (5) directs the Utilities Commission to require local carriers to notify their residential subscribers of this new State law, of the federal laws pertaining to telephone solicitation, and of private industry programs allowing consumers to be placed on "do not call" lists. The notification would be placed at least once a year in all telephone bills sent to residential subscribers and conspicuously published in all telephone books. 66 67 XI. CONSUMER PROTECTION GROUPING CONSUMER PROTECTION COMMITTEE Authority: S.L. 1999-395, HB 135 LRC Member Rep. Beverly M. Earle 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Pro Tem’s Appointments Speaker’s Appointments Sen. Daniel Clodfelter, Cochair 100 N. Tryon Street, 47th Floor Charlotte, NC 28202 (704) 331-1041 Rep. John W. Hurley, Cochair PO Box 714 Fayetteville, NC 28303 (910) 483-6210 Sen. Luther Jordan, Jr. PO Box 930 Wilmington, NC 28402 (910) 763-2441 Rep. Leslie Cox PO Box 3001 Sanford, NC 27331 (919) 718-1998 Sen. Eleanor Kinnaird PO Box 25397 Raleigh, NC 27611 (919) 856-2200 Mr. James Crawford, III 111 Edgewater Lane Henderson, NC 27536 Sen. William Martin PO Box 21325 Greensboro, NC 27601-2808 (336) 373-1530 Rep. Pryor Gibson 717 Mountford Avenue Raleigh, NC 27603 (919) 872-8198 Sen. Fountain Odom 1515 Elizabeth Avenue Charlotte, NC 28204 (704) 377-7333 Rep. Gregg Thompson PO Box 574 Spruce Pine, NC 28777 (828) 765-1998 Sen. Robert Shaw PO Box 8101 Greensboro, NC 27419 (336) 855-7533 Rep. Larry Womble 1294 Salem Lake Road Winston-Salem, NC 27107 (336) 784-9373 Staff Clerk Ms. Karen Cochrane-Brown Ms. Melissa Riddle Research Division (919) 733-5601 (919) 733-2578 Consumer Protection Committee The Consumer Protection Committee met five times prior to the 2000 Regular Session of the 1999 General Assembly. At its first meeting, the Committee heard a report on the role of the Office of Commissioner of Banks in supervising certain lenders and providing consumer protection, presented by Reitzel Deaton, Consumer Finance Administrator in the Office of Commissioner of Banks. The second meeting was devoted to a review of concerns under the Consumer Finance Act. The Committee heard from 68 industry representatives, consumer representative and the Attorney General’s Office. The third meeting focused on Check Cashers. The Committee heard from a representative of the North Carolina Check Cashers Association, and representatives from several consumer groups, as well as the Attorney General’s Office. At the fourth meeting, the Committee resumed discussions relating to the Consumer Finance Act. The Committee considered a legislative proposal advanced by the industry. After a discussion, the Committee agreed to include the proposal in its interim report, with some modifications. At its final meeting, the Committee approved the interim report to be submitted to the Legislative Research Commission. The Committee recommends the following bill to the 2000 Session of the 1999 General Assembly: A BILL TO BE ENTITLED AN ACT TO REVISE THE APPLICABLE INTEREST RATES ON LOANS MADE PURSUANT TO THE CONSUMER FINANCE ACT UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH A LOAN PROCESSING FEE FOR CERTAIN LOANS, TO ALLOW BORROWERS TO CANCEL LOANS UNDER CERTAIN CIRCUMSTANCES, TO ALLOW LENDERS TO CHARGE A LATE PAYMENT PENALTY UNDER CERTAIN CIRCUMSTANCES, TO REQUIRE DISCLOSURE ON SOLICITATION OF LOANS BY FACSIMILE OR NEGOTIABLE CHECKS, AND TO ALLOW LENDERS TO MAINTAIN CERTAIN RECORDS IN THE FORM OF OPTICAL IMAGE DISKS. This bill amends the Consumer Finance Act to eliminate the current blended interest rate structure for optional rate lenders and replace it with a step rate structure. It also authorizes optional rate lenders to charge a loan processing fee and late payment penalty. The bill also proposes to allow borrowers to cancel loans under certain circumstances and requires additional disclosure on solicitation of loans by facsimile or negotiable checks. With regard to the Check Cashers Act, the Committee recommends that the General Assembly not take any action to amend the Act until the 2001 Session, when it will receive the Commissioner of Banks report. The Committee further recommends that the Attorney General’s Office be requested to review the Commissioner’s report and make any recommendations it deems appropriate. CREDIT INSURANCE AND MORTGAGE CREDIT COMMITTEE Authority: S.L. 1999-332, SB 1149 LRC Member Rep. Beverly M. Earle 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Pro Tem’s Appointments Speaker’s Appointments Sen. R.C. Soles, Jr., Cochair PO Box 6 Tabor City, NC 28463 (910) 653-2015 Rep. Walter Church, Sr., Cochair PO Box 760 Valdese, NC 28690 (828) 874-2141 Sen. Betsy Cochrane 122 Azalea Circle Advance, NC 27006 (336) 998-8893 Rep. Gordon Allen PO Box 100 Roxboro, NC 27573 (336) 599-2175 Mr. Roney Lamm, Jr. CitiFinancial 5400 Glenwood Avenue, Suite G-05 Raleigh, NC 27612 Rep. William Culpepper, III PO Box 344 Edenton, NC 27932 (252) 482-2175 69 Mr. Donald C. Lampe PO Box 21927 Greensboro, NC 27420 Rep. Andrew Dedmon PO Box 293 Earl, NC 28150 (704) 487-7272 Sen. Aaron Plyler 2710 Concord Avenue Monroe, NC 28110 (704) 289-1577 Rep. Jimmie Ford 2203-B Koonce Street Goldsboro, NC 27530 (919) 581-8726 Mr. Banks M. Wood 5523 Kelly Grange Place Charlotte, NC 28226 Rep. Edith Warren PO Box 448 Farmville, NC 27828 (252) 753-4198 Staff Clerk Ms. Karen Cochrane-Brown Ms. Susan Burleson Mr. Walker Reagan (919) 733-5746 Research Division (919) 733-2578 Credit Insurance and Mortgage Credit The Credit Insurance and Mortgage Credit Committee met four times. The Committee focused its considerations on the financing of credit insurance premiums and whether there were circumstances in which consumers would benefit form permitting a lender to finance credit insurance premiums, which practice will be prohibited by law beginning July 1, 2000. The Committee heard from the credit insurance industry, consumer groups, and the NC Attorney General’s Office. Based on information presented to it, the Committee found that financing of single premium credit insurance provides no benefits to consumers but that purchasing credit insurance on a monthly basis may be appropriate in some circumstances. The Committee also found that the language in the current law could be interpreted to mean that the only permissible credit insurance is credit insurance on which the premium is calculated monthly on the declining loan balance which could result in different payments each month. The Committee found that consumers would benefit if they had the option of paying level monthly premiums, so long as the premiums are not financed as part of the consumer home loan. The Committee decided to recommend a bill to clarify that premiums for credit insurance could be charged, collected, and paid only on a monthly basis for the term of the insurance coverage and could be charged on a level premium basis. Based on its findings and recommendations, the Credit Insurance and Mortgage Credit Committee recommends the following bill to the 2000 Regular Session of the General Assembly: A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CREDIT INSURANCE MAY BE PAID ON A LEVEL CHARGE MONTHLY BASIS WITHOUT VIOLATING THE LAW RELATING TO CONSUMER PROTECTIONS IN CERTAIN HOME LOANS. This bill would permit premiums for credit insurance on a consumer home loan to only be charged and paid on a monthly basis for the term of the coverage, and would permit the premium to be paid on a level-premium basis. The LRC at its meeting May 4, 2000 reviewed this Committee’s report and accepted it for transmittal to the 2000 Regular Session of the 1999 General Assembly. 70 PREDATORY LENDING COMMITTEE Authority: SL 1999-332, SB 1149 LRC Member Rep. Beverly M. Earle 312 South Clarkson Street Charlotte, NC 28202 (704) 333-7180 Pro Tem’s Appointments Speaker’s Appointments Rep. Nelson Cole, Cochair PO Box 2309 Reidsville, NC 27320 (336) 342-4223 Rep. Joanne Bowie 106 Nut Bush Road, East Greensboro, NC 27410 (336) 294-2587 Rep. Charles Buchanan 2919 Poplar Creek Road Green Mountain, NC 28740 (828) 688-3544 Rep. Alex Warner 212 South Main Street Hope Mills, NC 28348 (910) 424-5350 Rep. Larry Womble 1294 Salem Lake Road Winston Salem, NC 27107 (336) 784-9373 71 PART II. SUMMARIES OF REFERRALS TO AGENCIES AND EXISTING STUDY COMMISSIONS A. NORTH CAROLINA STUDY COMMISSION ON AGING Pro Tem’s Appointments Speaker’s Appointments Sen. William R. Purcell, Cochair 1301 Dunbar Drive Laurinburg, NC 28352 (910) 276-7328 Rep. Beverly M. Earle, Cochair 312 S. Clarkson Street Charlotte, NC 28202 (704) 333-7180 Ms. Kimberly D. Berry 2216 West Meadowview Road Suite 201 Greensboro, NC 27407 Ms. Roxanne Bragg-Cash 675 Sam Horton Road Louisburg, NC 27549 Sen. Charles Carter PO Box 131 Asheville, NC 28802 (828) 645-4221 Ms. Polly Godwin, RN 4605 Pleasant Grove Church Road Raleigh, NC 27613 Sen. Charlie S. Dannelly 3167 Dawnshire Avenue Charlotte, NC 28216 (704) 392-1227 Rep. Verla Insko 610 Surry Road Chapel Hill, NC 27514 (919) 929-6115 Sen. James Forrester PO Box 459 Stanley, NC 28164 (704) 263-4716 Rep. Max Melton 220 Sandy Ridge West Monroe, NC 28112 (704) 764-3690 Mr. Ted W. Goins, Jr. Lutheran Home 1265 Twenty-First Street NE Hickory, NC 28606 Rep. Richard Moore 1014 Oakwood Avenue Kannapolis, NC 28081 (704) 938-2082 Sen. Oscar N. Harris PO Box 578 Dunn, NC 28335 (910) 892-1021 Rep. Edith Warren PO Box 448 Farmville, NC 27828 (252) 753-4198 Ms. Betty Britt Rising 2302 Kenan Avenue Lumberton, NC 28358 Mr. Dean Wilson PO Box 814 Randleman, NC 27317 Staff Clerk Ms. Theresa Matula Mr. John Young Research Division (919) 733-2578 Ms. Ann Raeford (919) 733-5747 72 Immunization for Residents and Employees of Nursing Homes, Adult Care Homes and Adult Day Care Homes The Commission reviewed the topic of immunization for residents and employees of nursing homes, adult care homes and adult day care homes at several meetings with the help of Older Adults Immunization Program within the Department of Health and Human Services. Evidence presented suggests that morbidity and mortality can be very high among the elderly institutionalized population who contracts influenza and/or pneumoccal disease. A suggested strategy to combat these types of outbreaks is to require adult care home and nursing homes to ensure that residents and employees of nursing homes and adult care homes be immunized against influenza virus. Adult care homes and nursing homes should also ensure that residents be immunized against pneumoccal disease. Therefore, included within the North Carolina Study Commission’s Report to the 1999 General Assembly (2000 Regular Session) is a bill to implement these findings entitled: AN ACT TO REQUIRE THAT ADULT CARE HOMES AND NURSING HOMES ENSURE THAT RESIDENTS AND EMPLOYEES ARE IMMUNIZED AGAINST INFLUENZA VIRUS AND THAT RESIDENTS ARE IMMUNIZED AGAINST PNEUMOCOCCAL DISEASE. This bill would require nursing homes and adult care homes to ensure the immunization of its residents and employees against influenza. The bill would also require nursing homes and adult care homes to ensure immunization for residents for pneumoccal disease. No individual within these two types of long-term care facilities would be required to receive either and influenza vaccine or pneumoccal vaccine if the vaccine is medically counterindicated, or if the vaccine is against the individual’s religious beliefs, or if the individual refuses the vaccine after being fully informed of the health risks of not being immunized. Biannual Inspection and Grading of Adult Care Homes The Commission has had a great interest in this topic over a number of years and welcomed the direction given by the Legislative Research Commission to more thoroughly analyze the possibility of such a system that would give consumers help in selecting an appropriate facility. To further this analysis, the Commission appointed a subcommittee to study the issues in some detail. It was learned by the subcommittee that a national research group is also studying the issues and is using North Carolina in this study. Therefore, the Commission has modified its schedule to parallel these national efforts. A report will be made to the 2001 General Assembly on this issue. Rationale and Appropriateness of Present Cost-Sharing of Nonfederal Costs of Medicaid The 1999 General Assembly directed the Secretary of the Department of Health and Human Services to develop a system that provides a continuum of long-term care for the elderly and disabled and to examine long-term care issues affecting older adults. The Institute of Medicine is conducting this study for the Secretary. The Commission believes that no financing issues should be addressed until this long-term care plan is presented the General Assembly. Therefore, the Commission chose not to study the issue before the 1999 General Assembly (2000 Regular Session). Long-Term Care Facility Licensure Compliance The Commission took no action on this assignment. As mentioned above, the Commission awaits the Long-term care report from the Secretary before making any recommendations about how long-term care facilities should be regulated. 73 AGRICULTURE AND FORESTRY AWARENESS STUDY COMMISSION Pro Tem’s Appointments Speaker’s Appointments Mr. Vernon James Route 4, Box 251 Elizabeth City, NC 27909 Rep. John Brown 2297 Austin Traphill Road Elkin, NC 28621 (336) 835-2873 Mr. Ross Lampe Guy C. Lee Mfg. Co. 235 Market Street Smithfield, NC 27577 Rep. Phillip Haire PO Box 248 Sylva, NC 28779 (828) 586-1765 Sen. Edward Warren 227 Country Club Drive Greenville, NC 27834 (252) 756-2671 Mr. Dennis Stone Canal Wood Corporation 308 East Fifth Street Lumberton, NC 28358 Chair of Senate Agriculture Comm. Chair of House Agriculture Comm. Sen. Charlie Albertson, Cochair 136 Henry Dunn Pickett Road Beulaville, NC 28518 (910) 298-4923 Rep. Dewey Hill, Co-Chair PO Box 130 Lake Waccamaw, NC 28450 (910) 642-6044 Governor’s Appts. Comm. of Agriculture or Designee Mr. David L. Burns 1204 Shepherd Avenue Laurinburg, NC 28352 Mr. David McLeod Dept. of Agriculture 2 West Edenton Street Raleigh, NC 27601 (919) 733-7125 Pres. NC Farm Bureau or Designee Mr. Phillip C. Farland Farm Service Agency 4407 Bland Road Raleigh, NC 27614 Mr. Julian Philpott N.C. Farm Bureau Federation PO Box 27766 Raleigh, NC 27611 (919) 782-1705 Mr. Robert Eric Harrell 124 East Granville Street Windsor, NC 27983 74 Bd. of Agri. Member Pres. of NC Forestry Assoc. or Designee Mr. Stan Adams Director of Forestry DENR 512 North Salisbury Street Raleigh, NC 27604 (919) 733-4984 Master of NC State Grange or Designee Mr. Robert Caldwell 3300 Woodward Place Raleigh, NC 27607 (919) 782-6840 Staff Clerk Ms. Barbara Riley Ms. Gayle Christian Research Division (919) 715-3024 (919) 733-2578 Imported Red Fire Ants The Agriculture and Forestry Awareness Study Commission heard presentations on the problems with imported fire ants in North Carolina and the limited resources available to deal with the problem at the current time. The Commission did not take any action on the issue and will not be reporting on this issue to the 2000 General Assembly. The Commission will continue its deliberations at the conclusion of the 2000 Session. North Carolina Apple Industry The Agriculture and Forestry Awareness Study Commission heard presentations from the North Carolina Apple Associations on problems within the industry due to loss of local processors and low prices due to the import of juice from China. Efforts are being made to increase the profitability of the apple industry through increases in the market for fresh apples. The Commission did not take any action on the issue and will not be reporting on this issue to the 2000 General Assembly. The Commission will continue its deliberations at the conclusion of the 2000 Session. COURTS COMMISSION Pro Tem’s Appointments Speaker’s Appointments Sen. Patrick J. Ballantine Rep. William T. Culpepper, III 201 North Front Street, Suite 405 PO Box 344 Wilmington, NC 28401 Edenton, NC 27932 (910) 763-0673 (252) 482-3818 Sen. Daniel G. Clodfelter The Honorable David Flaherty, Jr. 100 North Tryon Street, 47th Floor PO Box 718 Charlotte, NC 28202 Lenior, NC 28645 (704) 331-1041 Mr. Darren S. Cranfill The Honorable Bobby Ray Hall 4425 Asbury Place Drive PO Box 40 Clemmons, NC 27012 Sanford, NC 27331 75 (919) 775-3452 The Honorable T.W. Ellis, Jr. The Honorable Edwin M. Hardy 370 Forrest Road 503 Fairview Ave. Henderson, NC 27536 Washington, NC 27889 (919) 975-3974 Mr. C. Philip Ginn, Esq. Ms. Judy J. Long PO Box 427 486 Kimberly Avenue Boone, NC 28607 Asheville, NC 28804 Mr. J. Carl Hayes Rep. Henry M. Michaux, Jr. PO Box 9 PO Box 2152 Manteo, NC 27954 Durham, NC 27702-2152 (919) 596-8181 Sen. Allen H. Wellons Rep. Ronnie N. Sutton PO Box 986 2940 Philadelphus Road Smithfield, NC 27577 Pembroke, NC 28372 (919) 934-0553 (910) 843-2353 Governor’s Appointments Chief Justice’s Appointments Sen. T.L. “Fountain” Odom, Chair The Honorable Robert Johnston 1515 Elizabeth Avenue Mecklenburg Court House Charlotte, NC 28204 Charlotte, NC 28202 (704) 377-7333 (704) 347-7800 Rep. Phillip A. Baddour, Jr. Dr. Traciel Venise Reid PO Box 916 Dept. of Poli Sci and Public Admin. Goldsboro, NC 27533-0916 PO Box 8102 (919) 735-7275 North Carolina State University Raleigh, NC 27695-8102 The Honorable Carl Fox The Honorable J. Carlton Cole PO Box 1118 Perquimans County Courthouse Chapel Hill, NC 27514 PO Box 400 (919) 732-9334 Hertford, NC 27944 (910) 678-2901 The Honorable F. Warren Hughes The Honorable James Wynn PO Box 685 NC Court of Appeals Burnsville, NC 28714 PO Box 888 Raleigh, NC 27602 (919) 733-6185 Rep. Paul R. McCrary 310 Westover Drive Lexington, NC 27292 (336) 249-9285 Mr. Douglas W. Parson PO Box 1049 Clinton, NC 28329 (910) 592-7066 76 Staff Clerk Mr. Frank Folger Mr. Al Andrews Ms. Brenda Carter Research Division (919) 733-2578 Ms. Dot Waugaman (919) 733-5649 Mr. Charles Perusse Ms. Elisa Wolper Fiscal Research Division (919) 733-4910 Magistrates Authority The Courts Commission has not yet addressed this issue. The Committee is not making a report on this issue to the 2000 Session. JOINT LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE Pro Tem’s Appointments Speaker’s Appointments Sen. Howard N. Lee, Cochair Rep. Gene Rogers, Cochair PO Box 25453 908 Woodlawn Drive Raleigh, NC 27611 Williamston, NC 27892 (919) 942-6528 (252) 792-6354 Sen. Ch |
OCLC number | 12736100; 21489197 |