TITLE 9 - OFFICES OF THE GOVERNOR AND LIEUTENANT GOVERNOR
CHAPTER 2 - EXECUTIVE ORDERS
SUBCHAPTER 2A ‑ EXECUTIVE ORDERS ISSUED BY GOVERNOR JAMES B. HUNT
Number Subject Date
1 North Carolina Board of Ethics 01/10/77
2 APPROVE said State land Policy and State Land Classification 02/04/77
system as embodied in "A Land Resources Program for North
3 Citizen Affairs 03/29/77
4 Intergovernmental Relations transferred to the Department of 03/29/77
Natural and Economic Resources
5 Governor's Advisory Committee on Agriculture, Forestry and 03/29/77
the Seafood Industry
6 Governor's Crime Commission 03/31/77
7 Governor's Commission of Public School Financing 04/06/77
8 Governor's Committee on Data Processing and Information 05/12/77
9 Council on Volunteers for the Criminal Justice System 06/28/77
(within Citizens Affairs)
10 North Carolina Boundary Commission 07/07/77
11 Task Force on Technical Assistance (within Citizens Affairs) 07/27/77
12 Judicial Nominating Committee 07/28/77
13 Governor's Commission of Governmental Productivity 09/01/77
14 Emergency Services 10/06/77
15 Coastal Area Management Act 10/27/77
16 Amend Executive Order No. 9 (Council on Volunteers for the 11/30/77
Criminal Justice System‑‑within Citizens Affairs)
17 North Carolina Energy Institute 01/03/78
18 North Carolina Task Force on Public Telecommunications 02/14/78
19 Advisory Council to the Governor's Office of Citizens Affairs 03/29/78
20 USS MONITOR Technical Advisory Committee 03/31/78
21 North Carolina‑Israel Visiting Scholar Program 04/09/78
22 North Carolina Local Government Advocacy Council 04/21/78
23 Governor's Committee on Rural Public Transportation 04/28/78
24 Amend Executive Order No. 12 (Judicial Nominating Committee) 05/15/78
25 North Carolina Advisory Council On Education 05/25/78
26 Solid Waste Management 06/13/78
27 Regional Policy for North Carolina: The concept of a single Lead 10/23/78
Regional Organization in each of the 17 regions shall be continued
with listed guidelines
28 Leave with pay for Olympic Competitors (State Employees) 11/09/78
29 North Carolina Public Transportation Advisory Council 12/06/78
30 Judicial Nominating Committee 12/31/78
31 Uniform Flood Plain Management Police 02/01/79
32 Advisory Committee for North Carolina Public Manager Program 06/06/79
33 Trucks carrying perishable farm products shall be permitted to 06/27/79
carry maximum weights
34 Directs Secretary of Transportation to adopt emergency procedures 06/28/79
for intrastate transportation of goods, commodities and fuels
35 Extends Executive Order No. 33 for an additional seven days 07/03/79
(allowable weight limits for vehicles transporting perishable farm products)
36 Special Task Force in Independent Truckers 07/10/79
37 Transportation Study Commission 07/31/79
38 An order transferring the Division of State Budget and the State 09/10/79
Disbursing Office from the Department of Administration to the
Office of the Governor
39 Extends Advisory Council to Governor's Office (Executive Order 10/08/79
No. 19) for period of one year
40 State Task Force on Toxic Substances ‑ Two Members Added 10/08/79
41 The Task Force on Security and Privacy of Criminal Justice 10/19/79
42 State's Energy Assistance Program 12/05/79
43 Special Brown Lung Study Group 01/10/80
44 Special Steering Committee for Education and Economic 02/18/80
45 The Andrew Jackson Historic Memorial Committee 02/27/80
46 Governor's Advisory Committee on Travel and Tourism 03/19/80
47 Fair Sentencing Act 03/19/80
48 Volunteers 04/21/80
49 Special Advisory Committee for Non‑Public Education 04/30/80
50 Ridesharing Task Force 05/15/80
51 North Carolina Small Business Advocacy Council 05/16/80
52 Extending Judicial Nominating Committee for Superior Court 06/19/80
53 Governor's Commission for Recognition of State Employees 10/08/80
54 Extending the Advisory Council to the Governor's Office of 10/23/80
55 Governor's Task Force on Domestic Violence 10/27/80
56 Governor's Highway Safety Commission 10/30/80
57 Governor's Study Commission on Energy Loans 10/31/80
58 Balanced Growth Policy Act 12/11/80
59 Governor's Commission on Housing Options for Older Adults 12/31/80
60 Executive Memorandum to Regulatory Agencies 01/28/81
61 Governor's Study Commission on Length of Sentences in 03/20/81
62 North Carolina Management Program 03/25/81
63 North Carolina Council on Holocaust 04/29/81
64 The Capital Area Visitor Services Committee 05/12/81
65 County Transportation Efficiency Councils 05/21/81
66 Commission on the Future of North Carolina 06/01/81
67 Extending Advisory Council to Governor's Office of Citizen 07/01/81
68 Highway Contract Oversight Commission 07/02/81
69 North Carolina Ferry System Study Commission 07/03/81
70 Amending Executive Order 53, The Governor's Commission for 09/04/81
Recognition of State Employees
71 Extending Judicial Nominating Committee 09/09/81
72 Emergency Management Program 12/14/81
73 Task Force To Study State‑Cherokee Tribe Relations 12/14/81
74 Electronic Town Hall Task Force 12/17/81
75 Governor's Task Force on Drunken Drivers 02/11/82
76 Amendment to Executive Order 63 Creating the Governor's 02/19/82
Executive Cabinet on Juveniles
77 Governor's Oversight Committee for Official Labor Market 03/03/82
78 Governor's Task Force on Solar Law 03/31/82
79 Amending Judicial Nominating Committee for Superior Court 04/14/82
80 Governor's Advisory Commission on Military Affairs 04/30/82
81 Governor's Task Force on Financing Public School Facilities 06/03/82
82 Amend Executive Order No. 29 (North Carolina Public 06/11/82
Transportation Advisory Council)
83 North Carolina Agricultural Extension Advisory Council 08/26/82
84 North Carolina Oil Re‑Refining Program 09/21/82
85 Governor's Task Force on Science and Technology 09/23/82
86 Amend Executive Order No. 67 Extending the Advisory Council 11/05/82
to the Governor's Office of Citizen Affairs
87 Amending Executive Order No. 52 (North Carolina Small Business 11/08/82
88 400th Anniversary Commemoration 11/09/82
89 Repeals Executive Order No. 32 and Creates a New Advisory 01/11/83
Committee for the North Carolina Public Manager Program
90 Amends Membership of the Governor's Executive Cabinet 01/11/83
on Juveniles (Executive Order No. 76)
91 Abolishes Existing North Carolina Health Coordinating Council 02/28/83
(Executive Order No. 19) and Establishes a New North Carolina
Health Coordinating Council
92 Compliance with the Surface Transportation Assistance Act of 04/01/83
1982 (P.L. 97‑424) Providing for Twin Trailers and Width of
93 Job Training Policy for State Agencies 06/08/83
94 Termination of North Carolina Energy Institute (Exec. Order 06/10/83
No. 17) and the Governor's Study Commission on Energy
Loans (Exec. Order No. 57) 06/10/83
95 Executive Cabinet Awards for Management Excellence 07/01/83
96 Conservation of Prime Agricultural and Forest Lands 08/23/83
97 Moratorium on Terminating Social Security Benefits 09/07/83
98 Commission on Education for Economic Growth 10/13/83
99 Assistance in Clemency and Extradition Requests 11/01/83
Editor's Note: Pursuant to G.S. 150A‑63 Eff. January 1, 1984, the Executive Orders filed by the Governor are published in the NCAC.
EXECUTIVE ORDER NUMBER 100
ADVISORY COUNCIL TO THE FRIENDSHIP FORCE OF NORTH CAROLINA
WHEREAS, the Friendship Force of North Carolina was created to promote international goodwill and friendship between the people of North Carolina and the world, and
WHEREAS, this citizen exchange fosters a better climate for good business and industrial relations between North Carolina and foreign countries, and
WHEREAS, there is an ongoing need to help develop exchange cities by identifying cultural linkages between North Carolina business and industry and similar interests in foreign countries, and
WHEREAS, assistance to the Friendship Force of North Carolina in strengthening public relations through linkage with civic, business, and other community representatives will complement the North Carolina Friendship Force as it proceeds on its mission, and
WHEREAS, an advisory council of qualified, concerned North Carolinians and others can perform these duties well;
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. I hereby create the Friendship Force of North Carolina Advisory Council. The Advisory Council will be composed of seventeen (17) members, including foreign businessmen and women with active interests in North Carolina; North Carolinians with active business or personal contacts in other countries; individuals interested in international affairs; educational leaders; cultural leaders; and corporate leaders from North Carolina parent companies in other countries. The Governor shall appoint fourteen (14) members and shall designate the Chairman. Seven (7) initial appointees shall serve a term to expire on November 1, 1984; seven (7) initial appointees shall serve a term to expire on November 1, 1985. Thereafter, all terms shall be for two (2) years. The Secretary of Commerce, the First Lady of North Carolina or her designee, and the State Director of the Friendship Force of North Carolina shall serve as ex‑officio members. To assure geographic representation of the State, there shall be at least one member from each of the State's four (4) judicial divisions.
Section 2. The Advisory Council shall have the following duties:
(1) To provide for fundraising for specific projects jointly agreed upon by the Advisory Council and the Friendship Force of North Carolina.
(2) To help develop future exchange cities by identifying natural linkages between North Carolina business and industry and similar interests in other countries.
(3) To assist in improving public relations through linkage with civic, business and other community representatives.
(4) To provide general support and advice concerning the activities of the Friendship Force of North Carolina.
Section 3. Staff assistance shall be provided by the office of the Friendship Force of North Carolina.
Section 4. This order shall become effective immediately and shall remain in effect for three (3) years unless extended or terminated by legislative act or executive order by the Governor.
Done in the Capital City of Raleigh, North Carolina, this the third day of January, 1984.
EXECUTIVE ORDER NUMBER 101
STATE AFFIRMATIVE ACTION POLICY
WHEREAS, the State of North Carolina is committed to providing equal employment opportunities to all present and prospective state employees without regard to race, religion, color, national origin, sex, age or handicap; and
WHEREAS, an affirmative action program to assure fair and impartial treatment for all and to make full use of the productive capabilities and resources of all our citizens is in the best interest of the State; and
WHEREAS, executive endorsement of the Affirmative Action program is an impetus for ensuring Equal Employment Opportunity in state government for all citizens; and
WHEREAS, positive and aggressive measures by management are necessary in preventing discrimination in all areas of State Government; and
WHEREAS, citizens of North Carolina should contribute to the affirmative action programs of our State; and
WHEREAS, the State Personnel Commission has established an Affirmative Action Policy and adopted an Affirmative Action Plan and Program for State Government to accomplish these goals; and
WHEREAS, the Governor has approved the State's Affirmative Action Plan Program;
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. The Affirmative Action Policy established by the State Personnel Commission and the Affirmative Action Plan and Program approved by the Governor represents the policy and commitment of this State and must be strictly followed.
Section 2. Each department head under the Governor shall be held accountable for compliance with this Order, and shall:
(A) Submit for approval to the Office of State Personnel an annual Affirmative Action Plan designed to conform to this Order. The submission date shall be October 1 of each year.
(B) Provide training on Equal Employment Opportunity/Affirmative Action compliance to all managers, supervisors, and others authorized to make or recommend personnel actions.
(C) Provide for an annual internal evaluation system (WPPR) to hold managers at all levels accountable for the progress or lack of progress of the department's affirmative action program.
(D) Adopt and implement a reduction‑in‑force mechanism which ensures that the reduction/layoff of employees will not reduce the proportion of protected group members in the current workforce and preserves the gains that have been made in utilizing all segments of North Carolina's population.
Section 3. The Office of State Personnel shall submit semi‑annual reports to the governor on each agency's compliance with the Affirmative Action Policy.
Section 4. The North Carolina Human Relations Council shall advise and assist the Governor and the Office of State Personnel in the implementation of the State Affirmative Action Policy and Plan in assuring citizen contributions to the program.
Section 5. The Director of State Personnel with approval of the Personnel Commission shall prepare procedural guidelines for the implementation of the provisions of this Order and promulgate such guidelines in the State Personnel Manual.
Section 6. Nothing in this Order shall be construed to repeal or modify any Federal, State, territorial, or local laws, rules or regulations creating special rights or preferences for veterans.
Section 7. This Order shall be effective immediately.
Done in the Capital City of Raleigh, North Carolina, this the thirteenth day of February, 1984.
EXECUTIVE ORDER NUMBER 102
WHEREAS, recent severe weather throughout North Carolina has left many areas of the state in need of large quantities of emergency supplies, food, and other items; and
WHEREAS, there is a need to facilitate the transportation of emergency supplies, food, and other items to aid in the disaster relief; and
WHEREAS, the Governor, as Chief Executive of the State of North Carolina, is directed by the Constitution of North Carolina and the General Statutes, to take action to protect the health, welfare, lives and property of the people of this State; and
WHEREAS, I have determined that emergency measures must be taken to facilitate the transportation of emergency supplies, food, and other items to aid in the disaster relief.
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. Vehicles which are transporting emergency supplies, food and other items to aid in the disaster relief and which are displaying valid license plates shall be permitted to carry the maximum weights as provided in N.C.G.S. 20‑118, notwithstanding the load limit prescribed by the license procured for the vehicle. A vehicle shall not be permitted to carry loads in excess of the axle weight limit prescribed for that vehicle, nor shall the vehicle be permitted to carry loads in excess of the appropriately established maximum road limits.
Section 2. The Director of the Division of Motor Vehicles of the Department of Transportation is directed to administer the provision of this Order.
Section 3. This Order is effective immediately and shall remain in effect for a period of 30 days unless rescinded by the Governor. The Governor, in his discretion, may renew this Order for any period as he deems appropriate.
Done in Raleigh, North Carolina, this the 3rd day of April, 1984.
EXECUTIVE ORDER NUMBER 103
SPECIAL ADVISORY COMMITTEE FOR IMPROVING MANAGEMENT IN STATE GOVERNMENT
WHEREAS, great strides have been made to improve the quality of management services in state government through training, program development and technological innovations; and
WHEREAS, the business community of the State of North Carolina is recognized for its innovations through programs such as quality circles and through new uses of technology; and
WHEREAS, the public sector has much to learn from the private sector.
NOW, THEREFORE IT IS HEREBY ORDERED:
Section 1. I hereby create the Special Advisory Committee for Improving Management in State Government.
Section 2. The Special Advisory Committee shall be composed of not more than 15 persons to be appointed by the Governor, and who shall serve at the pleasure of the Governor. The persons so named shall represent corporations or businesses in North Carolina that are known for their commitment to excellence in management.
Section 3. The duties of the Advisory Committee are as follows:
(1) To provide guidance to the Department of Administration.
(2) To report to the Governor and the Governor's Commission on Governmental Productivity on the results of their work.
(3) To consult with other business leaders in North Carolina to determine methods that can be used to improve management in State Government.
Section 4. The Department of Administration shall provide staff support services to the Committee.
Section 5. The Members of the Commission shall serve without compensation but shall receive such necessary travel and subsistence expenses as are authorized for Commission members generally by N.C.G.S. 128‑5. Funds for these expenses shall be provided by the Department of Administration.
Section 6. This order shall be effective immediately, and shall expire on December 31, 1984.
Done in the Capital City of Raleigh, this the ninth day of April, 1984.
EXECUTIVE ORDER NUMBER 104
GOVERNOR'S TASK FORCE ON ALCOHOL AND DRUG ABUSE AMONG YOUTH AND TEENAGERS
WHEREAS, the problem of alcohol and drug use and abuse among our youth throughout the State represents a matter of major concern to our citizenry; and
WHEREAS, the use and abuse of alcohol and drugs among our youth contributes heavily to the crime rate, school problems and disruption in our homes and communities; and
WHEREAS, the State of North Carolina must consider major strategies to bring about a decrease in the use and abuse of substances among our youth;
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. I hereby establish the Governor's Task Force on Alcohol and Drug Abuse Among Youth and Teenagers. The Task Force shall be composed of at least fifteen members appointed by the Governor to serve at the pleasure of the Governor. The Governor shall designate one of the members as Chairman. The members will represent parents, schools, youth, local government, the medical community and the General Assembly. To provide for geographic representation, there will be at least one member from each of the State's four judicial divisions. Members shall serve as volunteers and will receive no compensation or reimbursement for travel and subsistence expenses. The Department of Human Resources shall provide staff and support services, as directed by the Secretary of Human Resources.
Section 2. The Task Force shall meet regularly at the call of the Chairman, and may hold special meetings at any time at the call of the Chairman, the Governor, or the Secretary of the Department of Human Resources. The Task Force is authorized to conduct public hearings.
Section 3. The Task Force shall have the following duties:
(A) Conduct or receive surveys that identify local alcohol and drug problems among youth;
(B) Review the General Statutes of North Carolina applicable to substance abuse, including criminal and service delivery legislation;
(C) Review activities in other states addressed to reducing substance abuse among youth;
(D) Identify State and local resources to address identified problems;
(E) Establish and implement mechanisms for coordination of local efforts and resources;
(F) Develop and implement plans to meet needs of local youth;
(G) Develop and implement models for evaluation of local efforts; and
(H) Other such duties as assigned by the Governor or the Secretary of Human Resources.
Section 4. The Task Force shall present a report to the Governor no later than September 31, 1985.
Section 5. This Order is effective immediately and shall remain in effect until September 31, 1985. The Task Force may be continued beyond September 31, 1985, by further Order of the Governor.
Done in the Capitol City of Raleigh, this the tenth day of April, 1984.
EXECUTIVE ORDER NUMBER 105
LEAD AGENCY FOR STATE ENVIRONMENTAL POLICY
WHEREAS, the North Carolina General Assembly enacted the North Carolina Environmental Policy Act of 1971, G.S. 113A‑1 et. seq., which sets forth a declaration of State Environmental Policy; and
WHEREAS, G.S. 113A‑4(2) requires State agencies to prepare environmental impact statements for certain proposals and actions; and
WHEREAS, G.S. 113A‑5 requires the Governor to review environmental impact statements under certain circumstances; and
WHEREAS, G.S. 113A‑10 states that compliance with certain requirements of federal law will meet the requirements of the North Carolina Environmental Policy Act; and
WHEREAS, there is a need to establish uniform policies and procedures to be followed in order to assure, by State agencies, orderly compliance with the North Carolina Environmental Policy Act.
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. I hereby direct the Department of Administration to be the lead agency for the North Carolina Environmental Policy Act. The Secretary of the Department of Administration shall establish, with the concurrence of the Secretary of the Department of Natural Resources and Community Development, procedures for state agency compliance with the North Carolina Environmental Policy Act.
Section 2. I hereby direct all Department Heads to comply with the policies and procedures established by the Department of Administration.
Section 3. All Department Heads are directed to examine their rules and regulations concerning state actions, including but not limited to permitting, construction, awarding of funds, and other procedures that may directly or indirectly affect the environment, to determine if those rules and regulations need to be amended to reflect the revised procedures.
Section 4. This order shall be effective immediately.
Done in the Capital City of Raleigh, this the seventh day of May, 1984.
EXECUTIVE ORDER NUMBER 106
WOMEN'S ECONOMIC DEVELOPMENT ADVISORY COUNCIL
WHEREAS, women are an important, although often undervalued and underemployed, component of the economy of North Carolina; and
WHEREAS, women possess tremendous potential for furthering the overall development of our economy; and
WHEREAS, the State of North Carolina has an appropriate leadership role in promoting improved opportunities for women to advance, succeed, and excel in the private sector; and
WHEREAS, this role can be enhanced by strong private sector involvement, advice, and leadership.
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. I hereby create the North Carolina Women's Economic Development Advisory Council. This Council will be composed of at least twelve (12) members who have distinguished themselves by their accomplishments in the private sector. The membership of this Council will, to be extent practical, contain representatives from all major geographic areas of the State. The members of this Council will be appointed by the Governor and will serve at the pleasure of the Governor.
Section 2. The Governor shall designate a Chairperson from the membership of the Council. The Council will meet at the call of the Chairperson. In order to carry out the duties of the Council, the Chairperson is authorized to create committees of the Council. The Chairperson may appoint to committee positions persons who are not members of the Council.
Section 3. The Women's Economic Development Advisory Council will have the duty to thoroughly explore opportunities for women in our economy; carefully evaluate those opportunities; and advise the Secretary of Commerce of strategic courses of action, consistent with the State's economic development philosophy, which will best promote and encourage the equitable advancement and integration of women into all aspects of North Carolina's economy.
Section 4. The Department of Commerce shall provide the administrative support for this Council.
Section 5. Members of the Women's Economic Development Advisory Council and members of the committees appointed by the Chairperson shall be entitled to reimbursement for subsistence and travel expenses as may be generally authorized for members of State Boards and Commissions.
Section 6. This Executive Order is effective immediately and shall remain in effect until December 31, 1984, or unless terminated earlier or extended by further Executive Order.
Done in the Capital City of Raleigh, North Carolina, this the tenth day of May 1984.
EXECUTIVE ORDER NUMBER 107
TASK FORCE ON MISSING CHILDREN
WHEREAS, there is a need to address the plight of missing children and their parents through a concerted statewide effort; and
WHEREAS, national figures estimate 5,000 children are abducted by strangers, 150,000 are abducted by parents in custody disputes, and over a million run away from home each year; and
WHEREAS, there is a Missing Children Act passed by Congress and signed by the President, and there now exists a national clearinghouse for information on missing children available to law enforcement; and
WHEREAS, there is a need for the State of North Carolina to take affirmative steps toward setting forth a statewide policy and central coordinating function on kidnapping and safety awareness program for children and parents.
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. I hereby create the Task Force on Missing Children.
Section 2. The Task Force shall be composed of at least twenty members appointed by the Governor. These members shall be representatives of law enforcement, business, media, interested citizens (including parents of missing children), local groups involved with missing children, and members of the Governor's Advocacy Council on Children and Youth. The Governor shall designate one of the members to serve as Chair and one as Vice‑Chair.
Section 3. The Task Force shall meet at the call of the Chair or the Governor. The duties of the Task Force will be to develop a policy on missing children and to recommend to the Governor how that policy should be carried out in the State. The Task Force will also be charged with the responsibility of promoting public awareness and the prevention of missing children by calling upon existing child advocacy agencies, the public and private sector, volunteer and other State agencies to join in our efforts to safeguard the State's children. The Task Force will also initiate prevention programs aimed at involving schools, day care centers, law enforcement agencies, child advocacy organizations, and other public and private organizations to develop a public information program for educating the general public.
Section 4. Members of the commission shall be reimbursed for such necessary travel and subsistence expenses as are authorized by N.C.G.S. 138‑5. Funds for reimbursement of such expenses shall be made available from the Department of Administration.
Section 5. The Department of Administration, through the Governor's Advocacy Council for Children and Youth, and the Department of Crime Control and Public Safety shall provide staff support to the Task Force.
Section 6. The Task Force shall make its recommendations and complete its work on or before October 1, 1984.
Section 7. This order shall be effective immediately and shall terminate on October 1, 1984.
Done in the Capital City of Raleigh, North Carolina, this the 14th day of May, 1984.
EXECUTIVE ORDER NUMBER 108
AMENDING JUDICIAL NOMINATING COMMITTEE FOR SUPERIOR COURT JUDGES
WHEREAS, the Judicial Nominating Committee for Superior Court Judges has been operating under the provisions of Executive Order 79 since April 14, 1982; and
WHEREAS, I now desire to make a change in one of the operating provisions of that Order.
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. I now amend Executive Order 79 by adding the following sentence at the end of Section 3(c): "If an emergency arises which causes a panel to fail to have enough voting members present to make nominations, the Chairman, or the Chairman Pro Tempore, or both, may vote as if full voting members during the period of such emergency, as determined by either the Chairman or the Chairman Pro Tempore."
Section 2. This order shall become effective immediately.
Done in Raleigh, North Carolina, this the twenty‑eighth day of June, 1984.
EXECUTIVE ORDER NUMBER 109
BOARD OF TRUSTEES OF THE NORTH CAROLINA DEFERRED COMPENSATION PLAN
WHEREAS, Chapter 433 of the Session Laws of 1971 authorized Deferred Compensation benefits for State employees; and
WHEREAS, Governor James E. Holshouser, Jr., created the Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan by Executive Order XII, signed on November 12, 1974; and
WHEREAS, Chapter 559 of the 1983 Session Laws made certain amendments to the North Carolina Public Employee Deferred Compensation Plan; and
WHEREAS, there is an need to update the provisions of the Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan in accordance with changes made by Chapter 559 of the 1983 Session Laws;
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. The Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan created by Executive Order XII, November 12, 1974, is hereby terminated.
Section 2. I hereby establish a new Board of Trustees of the North Carolina Public Employee Deferred Compensation Plan, which shall assume all authority, responsibilities and functions of the previous Board.
Section 3. The membership of the Board and its duties shall be as provided in N.C.G.S. 143B‑426.31. Those members who were serving on the previous Board are hereby appointed to the new Board and shall serve terms consistent with the provisions of N.C.G.S. 143B‑426.31.
Section 4. The Department of Administration shall provide clerical and support services for the Board of Trustees.
Section 5. This Order shall be effective immediately.
Done in Raleigh, North Carolina, this the thirty‑first day of July, 1984.
EXECUTIVE ORDER NUMBER 110
SAMPSON COUNTY BOND ISSUE
WHEREAS, Section 103(n) of the Internal Revenue Code of 1954, as amended (the "Code"), requires that revenue bonds issued by North Carolina Industrial Facilities and Pollution Control Financing Authorities under Chapter 159C of the North Carolina General Statutes (the "Act") be issued in amounts which comply with the appropriate authority's and county's "private activity bond limit;" and
WHEREAS, such section sets forth one formula for allocation of the entire private activity bond limit for a single state (the "state ceiling" and then authorizes the Governor of a state to proclaim a different formula for allocating such state ceiling; and
WHEREAS, the Office of the Governor of North Carolina is in the process of developing an appropriate formula and consulting thereon with representatives of local governments in the state and it is anticipated that such formula will be promulgated no later than October 15, 1984; and
WHEREAS, the H. H. Robertson Company has agreed to purchase the Libby‑Owens Ford Plant in Clinton, North Carolina saving 306 jobs and creating 59 more jobs; and
WHEREAS, the inducement for the H. H. Robertson Company in Sampson County is subject to the restriction of Section 103(n).
NOW, THEREFORE, I, James B. Hunt, Jr., Governor of the State of North Carolina, pursuant to the authority vested in me by Section 103(n) (6) (B) of the Code, proclaim that the Sampson Company Industrial Facilities and Pollution Control Financing Authority has a private activity bond limit in an amount equal to the aggregate principal amount of $8,000,000 for 1984 for the H. H. Robertson Company. In no event shall the private activity bond limit for Sampson County be reduced below $8,000,000.
This interim measure is effective as of the date hereof. Dated this 4th day of September, 1984.
Certificate of No Consideration for Allocation
The undersigned Governor of the State of North Carolina does hereby certify, under penalty of perjury, in accordance with Section 103(n)(12) of the Internal Revenue Code of 1954, as amended, that the allocation, pursuant to an Executive Order dated September 4, 1984, of a portion of the North Carolina State Ceiling to Sampson County and The Sampson County Industrial Facilities and Pollution Control Financing Authority (the Authority) for issuance of its Variable Rate Industrial Revenue bonds (H. H. Robertson Company), Series 1984, in the amount of $8,000,000 was not made in consideration of any bribe, gift, gratuity given or offered to, or accepted, required, authorized, ratified or approved by, him.
EXECUTIVE ORDER NUMBER 111
PLANNING COMMITTEE FOR THE CENTER FOR THE ADVANCEMENT OF TEACHING
WHEREAS, the Commission on Education for Economic Growth recommended that North Carolina provide selected outstanding teachers with both long‑term and short‑term in‑residence learning and study opportunities; and
WHEREAS, there is a need to provide teachers with opportunities to pursue intensive, advanced courses of study in an intellectually stimulating environment; and
WHEREAS, a Center for the Advancement of Teaching has been funded by the Appalachian Regional Commission to provide the type of advanced educational opportunity excellent teachers need and deserve; and
WHEREAS, the Appalachian Regional Commission grant agreement requires the Governor to appoint a planning committee of 15 to 20 members to plan the development of the Center;
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. In accordance with Appalachian Regional Commission Contract Number 84‑113‑NC‑9178‑84‑YI‑302‑0820, I hereby establish a Planning Committee for the Center for the Advancement of Teaching. The Committee shall be composed of not more than twenty (20) members appointed by the Governor to serve at the pleasure of the Governor. Members shall be drawn from the business, education and government communities. The Governor shall designate one of the members as Chairman.
Section 2. The Committee shall meet regularly at the call of the Chairman and may hold special meetings at any time at the call of the Chairman or the Governor.
Section 3. Members of the Committee shall be reimbursed for such necessary travel and subsistence expenses from funds awarded to the Governor's Office in ARC Contract Number 84‑113‑NC‑9178‑84‑YI‑302‑0820. Reimbursement shall be at the rates authorized for members of State Boards and Commissions generally.
Section 4. Staff and support services for the Committee will be provided in part by the grant from the Appalachian Regional Commission, by the Office of the Governor, and from the University of North Carolina.
Section 5. The Committee shall have the following duties:
(a) Develop a structure for the Center, its curriculum and operations.
(b) Seek out consultants in appropriate fields and secure their services.
(c) Travel to sites to examine other programs which could be incorporated into the design of the Center.
(d) Solicit public input into the planning process for the Center.
(e) Work closely with the Governor's Business Committee on Education and with the Governor's Council on Management and Development to initiate contacts with interested business and private sector individuals to ensure their input.
(f) Direct the preparation of the plan for the Center and deliver a preliminary design to the Governor, the General Assembly, the State Board of Education and the UNC Board of Governors by February 1, 1985.
(g) Direct the start‑up and operations phase of the Center.
Section 6. The Committee shall present its final report by September 1, 1985.
Section 7. The Committee shall terminate on December 31, 1985, unless extended by further Order of the Governor.
Section 8. This Order shall be effective immediately.
Done in the Capital City of Raleigh, North Carolina, this the Fifteenth Day of October, 1984.
EXECUTIVE ORDER NUMBER 112
NORTH CAROLINA MISSING CHILDREN'S INFORMATION CENTER
WHEREAS, the Governor's Task Force on Missing Children has conducted public hearings throughout the state and has developed a policy on missing children and has recommended to the Governor how that policy should be carried out; and
WHEREAS, the Task Force has: (1) defined the term, missing children; (2) evaluated the adequacy of existing laws relating to missing children; (3) reviewed collections and analysis of data on missing children; (4) reviewed public and private responses to reports of missing children; and (5) identified and developed effective prevention and education programs on missing children; and
WHEREAS, the Task Force has found that more than one‑fourth of the state's population is under eighteen years of age. To protect our state's children, the Task Force recommended that:
(1) Parents and caretakers report the disappearance of a child to local law enforcement as soon as it is learned a child is missing.
(2) Law enforcement agencies make immediate responses to reports of missing children.
(3) The Police Information Network be provided resources immediately which allow it to expand the standard reporting form to obtain necessary information on missing children.
(4) The Governor immediately establish, by Executive Order and within an existing agency, the North Carolina Missing Children's Information Center.
(5) The General Assembly establish by statute the North Carolina Missing Children's Information Center and provide appropriations for its operation.
(6) Safety house programs be established in every county.
(7) The General Assembly amend Chapter 15B of the General Statutes to make clear that children who are innocent victims of criminal acts may claim compensation from the North Carolina Crime Victims Compensation Commission.
(8) Every North Carolina child be offered the opportunity to have fingerprints for safekeeping by the parents.
(9) Call‑back programs be established in every North Carolina school.
(10) The North Carolina Justice Academy develop and present appropriate training for law enforcement on the problems of missing children.
(11) Local task forces be established to foster cooperation and improve local services for missing children.
(12) Missing Child Teams of police and social workers be established in local areas; and
WHEREAS, the Task Force on Missing Children has recommended that the North Carolina General Assembly create a Legislative Study Commission to consider legislation which will help prevent missing children; and
WHEREAS, the Governor's Advocacy Council on Children and Youth has recommended that the North Carolina General Assembly consider legislation which will help prevent exploitation of children.
NOW, THEREFORE, IT IS HEREBY ORDERED:
Section 1. Parents and caretakers are urged to immediately report missing children to local law enforcement. All law enforcement agencies are urged to make immediate responses and timely reports to the Police Information Network.
Section 2. The Police Information Network is urged to establish immediately within its system a method for collecting data from law enforcement agencies on missing children in North Carolina and to make appropriate and timely distribution of each missing child report. The State Budget Office is authorized to approve transfers of funds if necessary for the establishment of this system.
Section 3. The law enforcement manual prepared by the Task Force, with assistance from Sheriffs and Chiefs of Police, will be printed and distributed immediately to encourage appropriate responses and coordination of resources and uniformity of reports. Law enforcement training programs are urged to use the manual in officer training.
Section 4. The Secretary of the Department of Crime Control and Public Safety is directed to establish within the Department of Crime Control and Public Safety the North Carolina Missing Children's Information Center, with these duties and functions:
(a) Assist law enforcement in the response to reports of missing children and to work with other state agencies to make state resources available; to gather and distribute information and data on missing children; to continue research and study; to serve as a statewide resource center and assist local communities in programs and initiatives for child protection and prevention of child molestation; to continue public awareness of the problems of missing children and coordinate with the functions of the National Missing Children's Center.
(b) Assist the Police Information Network to maintain and publish a directory of currently missing children. The information on the missing children should be issued to appropriate law enforcement agencies throughout the state and to the North Carolina Missing Children's Information Center and should be entered into the National Crime Information Center. The information should include information on children who have been found.
(c) Maintain and publish a directory of existing public and private agencies, groups, and individuals which provide effective assistance to families in the areas of prevention of child abduction, location of missing children, and follow‑up services to the child and family.
(d) The Center should annually compile and publish reports on the actual numbers of children missing each year, listing the categories and causes for the disappearances.
(e) The Center should provide follow‑up referrals for services to missing children and their families.
(f) The Center should be provided with a toll‑free 1‑800 telephone system which will be in service at all times.
Section 5. The Secretary of the Department of Crime Control and Public Safety is directed to assign staff immediately for the operation of the Center within the Crime Prevention Division of that Department.
Section 6. There is hereby constituted an Advisory Board to advise the Secretary of Crime Control and Public Safety on the operation of the North Carolina Missing Children's Information Center. The Board shall be composed of not more than 20 members appointed by the Governor to serve at the pleasure of the Governor. The Governor shall appoint a chairman. The initial members of the Board shall be those persons who served on the Governor's Task Force on Missing Children. The Board shall be in existence for three years unless modified by legislation or further executive order. While on official duties, the members of the Commission shall be reimbursed for such necessary travel and subsistence expenses as are authorized by N.C.G.S. 138‑5. Funds will be made available by the Department of Crime Control and Public Safety.
Section 7. The Governor's Crime Commission is directed to analyze and research the legislative issues presented by the report of the Governor's Task Force on Missing Children and make recommendations to the 1985 Session of the General Assembly. The issues to be researched include:
(a) Legislation to enact a Child Sexual Abuse and Exploitation Prevention Act to provide for educating children about the dangers of sexual abuse and the lures of exploitation, encouraging parents and school administrators to teach children about body safety rules and techniques, and establishing a Child Victim's Trust Fund to finance local prevention programs.
(b) Legislation to encourage youth servicing agencies to be more aggressive in advocacy for youth and make clear that youth serving agencies have the right to request criminal records checks on all persons who apply for employment or volunteer for positions in which they would have supervisory or disciplinary authority over children.
(c) Legislation to establish certain sexual offenses as offenses where probation cannot be granted and the execution or imposition of sentence cannot be suspended.
(d) Legislation to permit the pretrial videotaped testimony of children age twelve and under to be used as evidence in sexual abuse cases.
(e) Legislation to strengthen the laws on custodial interference, including authorizing magistrates to issue some orders in custody disputes.
(f) Legislation to make it a Class D felony for a person who knowingly induces, assists, or causes a minor to engage in illegal sexual activity.
(g) Legislation to amend G.S. 110.90‑1 and G.S. 110‑91(8) which require that no person be allowed to work in a licensed daycare center until that person has obtained a Daycare Employee Permit.
Section 8. The Governor's Crime Commission is directed to analyze and research the legislative issues presented by the report of the Governor's Advocacy Council on Children and Youth and make recommendations to the 1985 Session of the General Assembly. The issues to be researched include:
(a) Legislation to make the possession, manufacture, delivery, or dissemination of child pornography a felony.
(b) Amending the Child Protection Act of 1983 to make those convicted under its provisions guilty of a Class H felony.
(c) Legislation which raises the penalties and fines for crimes against children, including child abuse and exploitation, and which establishes a fund from fines collected to be used for the care and treatment of victims and offenders.
(d) Legislation to make engaging in sexual activity with a child under sixteen and encouraging child prostitution Class D felonies.
(e) Legislation which raises the age of children protected by the law from pornography and prostitution from "under 16" to "under 18."
(f) Legislation which amends the existing Juvenile Code to include sexual exploitation of juveniles and apply the protections of the Juvenile Code to children.
(g) Legislation which improves data collection on child victims of exploitation so that the true scope of the problem will be known and corrective policies can be adopted.
Section 9. This order shall be effective immediately.
Done in the Capital City of Raleigh, North Carolina, this the twenty‑fifth day of October, 1984.
EXECUTIVE ORDER NUMBER 113
INDUSTRIAL DEVELOPMENT BONDS
WHEREAS, it has long been my goal to attract new industry to North Carolina in an effort to provide more and better paying jobs for our citizens; and
WHEREAS, the General Assembly of the State of North Carolina also expressed support for developing new industries in the State by enacting the Industrial and Pollution Control Facilities Financing Act which allows counties to aid in the financing of industrial and manufacturing facilities by issuing industrial development bonds; and
WHEREAS, both the North Carolina Executive and Legislative branches have supported efforts to revitalize our cities through urban redevelopment initiatives and by authorizing cities and redevelopment commissions to engage in programs under the urban redevelopment law; and
WHEREAS, the Congress of the United States has enacted the Deficit Reduction Act of 1984 (the "Tax Act") which, among other things, imposes, a limitation on the amount of "private activity bonds" which may be issued in the State; and
WHEREAS, many North Carolina political subdivisions and municipalities will have trouble in attracting new industry and revitalizing urban redevelopment areas because according to the formula proposed in the Tax Act they do not have a sufficient population base to support the issuance of private activity bonds in the amount necessary to continue healthy industrial and manufacturing development and urban‑redevelopment; and
WHEREAS, Section 103 (n)(6)(B) of the Tax Act gives me the authority to "proclaim a different formula for allocating the State ceiling among the governmental units in such State having authority to issue private activity bonds":
NOW, THEREFORE IT IS HEREBY ORDERED:
Section 1. DEFINITIONS
For the purposes of this order, terms will be defined as follows:
"Code" shall mean the Internal Revenue Code of 1954, as amended.
"Issuer" shall mean the entity authorized to issue Private Activity Bonds, except that in the case of Private Activity Bonds issued pursuant to Article 22 of Chapter 160A of the General Statutes of North Carolina, or issued solely pursuant to regulations, rules, procedures or rulings of the Internal Revenue Service of the United States, "Issuer" shall mean the municipal corporation which created the issuing commission or the municipal corporation which approves the issuance of the bonds pursuant to such regulations, rules, procedures or rulings.
"Private Activity Bonds" shall have the meaning set forth in Section 103(n)(7) of the Code and any successor provision.
"Secretary" shall mean the Secretary of the Department of Commerce of the State of North Carolina, or any individual to which the Secretary delegates authority under NCAC.
"Volume Limitation" shall mean one hundred and fifty dollars ($150.00) multiplied by the State's population as determined by the latest published census.
Section 2: APPLICATIONS
Before January 1, 1985 the issuer shall file an application for such allocation not fewer than 30 days prior to the issuance of such Private Activity Bonds. After January 1, 1985 the Issuer shall file an application for such allocation not fewer than 60 days prior to the date of issuance of such Private Activity Bonds.
The application shall set forth the name of the Issuer, the State statute or Federal regulations, rules, procedures or rulings under cipal amount of Private Activity Bonds to be issued, the beneficiary or beneficiaries of the proceeds of the Private Activity Bonds and such other information as the Secretary may reasonably request.
Section 3: FORMULA
The private activity limit for all issues in North Carolina shall be considered as one resource to be allocated under this Executive Order. The Secretary shall allocate the Volume Limitation on a first come first serve basis. When the total of all allocations equals or exceeds 75 percent of the Volume Limitation, subsequent allocations for Private Activity Bonds may be made only upon the receipt of an application described in Section 2 and the written approval by the Secretary and the Treasurer of the State. The Secretary and the Treasurer of the State, in making an allocation pursuant to this Section, shall take into consideration the best interests of the State with regard to economic development and the general prosperity of the people of North Carolina.
Section 4: TERMINATION DATES
The allocation for an issue of Private Activity Bonds received by an Issuer on or after September 1 of any calendar year shall remain in effect through December 31 of such calendar year. An allocation received by an Issuer prior to September 1 of any calendar year shall remain in effect through November 20 of such calendar year unless the Issuer shall give notice specifying a later closing date. If the Secretary has not received notice of a specific closing date by October 15 of the same calendar year, the Secretary may terminate the allocation. The Issuer may subsequently file a new application in accordance with this Executive Order.
If the principal amount of Private Activity Bonds set forth in the allocation document exceeds the active aggregate principal amount of the issue by more than 25 percent, such allocation shall be automatically void without further action by the Secretary. The Issuer may subsequently file a new application in accordance with this Executive Order.
Section 6: DISTRIBUTION OF UNALLOCATED VOLUME LIMITATION
At the end of the calendar year, if the Secretary, or Secretary and Treasurer have not allocated the full amount of the Volume Limitation, the remainder of the Volume Limitation may be allocated to projects designated as carry‑forward projects pursuant to Section 103(n)(10) of the Code, including certain exempt facilities provided for Section 103(b)(4) and (5) of the Code and student loan bonds. If the remainder of the Volume Limitation is not sufficient to cover all such projects, each issue of Private Activity Bonds shall receive a share of the excess Volume Limitation proportionate to the principal amount of Private Activity Bonds set forth in the application or as otherwise agreed to by the Secretary and the State Treasurer.
Section 7: NOTICE
Each Issuer shall notify the Secretary of the issuance of any Private Activity Bonds within 10 days after such issuance if that issuance required an allocation under this order. If any Issuer fails to notify the Secretary, the Secretary shall not accept subsequent applications from that Issuer until such Issuer is current in all its notifications.
This Executive Order shall become effective immediately and shall remain in effect unless and until superseded as provided in Section 103(n)(6) of the Code.
EXECUTIVE ORDER NUMBER 114
STATE COMMISSION ON CHILD SUPPORT
WHEREAS, the Child Support Enforcement Amendments of 1984, P.L. 98‑378, require the establishment of a State Commission on Child Support in order for North Carolina to continue to receive federal funding for Aid to Families with Dependent Children and child support enforcement programs; and
WHEREAS, the establishment of a commission would also play an important role in helping assure that North Carolina is successfully securing support and parental involvement for all children.
NOW, THEREFORE, IT IS HEREBY ORDERED:
(1) I hereby create the State Commission on Child Support. The Commission shall be composed of an adequate number of members appointed by the Governor which shall represent all aspects of the child support system, including custodial and non‑custodial parents, the agency administering the State's child support plan, the judiciary, the executive and legislative branches of State Government, child welfare agencies, social services agencies, and others interested in child support. All members shall serve at the pleasure of the Governor. The Governor shall designate one of the members to serve as chairman.
(2) It shall be the function of the State Commission to examine, investigate, and study the operation of the State's child support system for the primary purpose of determining the extent to which each system has been successful in securing support and parental involvement for children eligible for aid under the State's child support plan, and for children who are not eligible for such aid, giving particular attention to such problems as visitation, the establishment of appropriate objective standards for support, the enforcement of interstate obligations, the availability, cost, and effectiveness both to children who are eligible for such aid and to children who are not, and the need for additional State or Federal legislation to obtain support for all children. The State Commission shall submit to the Governor and make available to the public, no later than October 1, 1985, a full and complete report of its findings and recommendations resulting from the examination, investigation, and study of these issues. The Governor shall transmit the report to the Secretary of Health and Human Services, along with the Governor's comments.
(3) The Department of Human Resources shall provide clerical, administrative, and support services to the Commission. Members of the Commission shall be entitled to reimbursement for travel and subsistence as is provided for board and commission members generally, if the Secretary of Human Resources determines that funds are available for this purpose. The approval of the availability of such funds must be secured from the State Budget Office.
(4) This Order shall be effective immediately, and shall terminate three years from this date, unless amended by further Executive Order or State or Federal legislation.
Done in the Capital City of Raleigh, this the Thirtieth Day of November, 1984.