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.
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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
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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.
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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.
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(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.)
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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)
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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(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.
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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(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
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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