A BILL TO BE ENTITLED
AN ACT to establish the Joint Legislative study commission on civil PENALTIES, fines, and forfeitures.
Whereas, on August 8, 2008, the North Carolina superior court ordered a Memorandum of Decision and Judgment in North Carolina School Boards Association v. Moore; and
Whereas, the Memorandum of Decision and Judgment ordered that seven hundred forty‑seven million eight hundred eighty‑three thousand seventy‑four dollars ($747,883,074) in civil penalties had been withheld by State entities and were owed to the public schools; and
Whereas, the Memorandum of Decision and Judgment ordered that the money owed be designated for school technology; and
Whereas, the superior court recognized that, because of the constitutional limitations and separation of powers between the judicial, legislative, and executive branches, the superior court did not have the authority to direct the manner and means by which the judgment would be satisfied or the amount of time in which it is done; and
Whereas, satisfaction of the judgment will depend on the manner in which the General Assembly elects to carry out its constitutional duty; and
Whereas, in 2009, the General Assembly paid eighteen million one hundred eighty‑three thousand two hundred fifty‑one dollars ($18,183,251) from funds that had been escrowed by the University of North Carolina; and
Whereas, no subsequent payments have been made by the State of North Carolina; and
Whereas, there remains an outstanding judgment of seven hundred twenty‑nine million six hundred ninety‑nine eight hundred twenty‑three dollars ($729,699,823); Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  There is established the Joint Legislative Study Commission on Civil Penalties, Fines, and Forfeitures.
SECTION 2.  The Commission shall consist of 14 members as follows:
(1)	Seven members of the House of Representatives appointed by the Speaker of the House of Representatives.
(2)	Seven members of the Senate appointed by the President Pro Tempore of the Senate.
SECTION 3.  The Commission shall have two cochairs, one designated by the Speaker of the House of Representatives and one designated by the President Pro Tempore of the Senate from among their respective appointees. The Commission shall meet upon the call of the cochairs. Any vacancy on the Commission shall be filled by the original appointing authority. A quorum of the Commission shall be a majority of its members.
SECTION 4.  The Commission shall study the following matters related to civil penalties, fines, and forfeitures in North Carolina:
(1)	How the State of North Carolina will pay the judgment ordered in North Carolina School Boards Association v. Moore, 98 CVS 14158 (Wake County).
(2)	Over what period of time the payments shall be made.
(3)	A review of all civil penalties, fines, and forfeitures collected by the State to determine if the amount assessed is appropriate.
(4)	Any other matters the Commission deems relevant.
SECTION 5.  Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1. The Commission, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120‑19 through G.S. 120‑19.4. The Commission may meet in the Legislative Building or the Legislative Office Building.
With approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist the Commission in its work. The House of Representatives' and the Senate's Directors of Legislative Assistants shall assign clerical staff to the Commission, and the expenses relating to the clerical employees shall be borne by the Commission. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120‑32.02. If the Commission hires a consultant, the consultant shall not be a State employee or a person currently under contract with the State to provide services.
All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
SECTION 6.  The Commission shall report the results of its study and its recommendations to the 2016 Regular Session of the 2015 General Assembly. The Commission shall terminate on December 31, 2016, or upon the filing of its final report, whichever occurs first.
SECTION 7.  This act is effective when it becomes law.