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GENERAL ASSEMBLY
of
NORTH CAROLINA
LEGISLATIVE MANUAL
LEGISLATIVE SERVICES OFFICE
2129 STATE LEGISLATIVE BUILDING
RALEIGH, NORTH CAROLINA 27601-1096
PHONE: (919) 733-7044
JANUARY, 1991
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NOT TO BE REMOVED FROM
UNC LAW LIBRARY
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TABLE OF CONTENTS
GENERAL STATUTES OF NORTH CAROLINA 1
INTRODUCTION 2
LEGISLATIVE PAY AND ALLOWANCES 3
LEGISLATORS' OFFICES 7
PARKING 9
SECRETARIAL ASSISTANCE 10
MAIL SERVICE AND POSTAGE 13
TELEPHONE 15
STATIONERY 17
DICTATING EQUIPMENT Ig
FACSIMILE MACHINE (FAX) 19
PRINT SHOP AND COPYING MACHINES 20
BILL DRAFTING 21
BILL PROCESSING 22
DISTRIBUTION OF PRINTED BILLS 24
PROFESSIONAL STAFF SERVICES 25
GENERAL STATUTES OF NORTH CAROLINA
Chapter 120 - The General Assembly
ARTICLE 7 Legislative Services Commission
Section 12'i-.M. Legislative Services Commission organization.— (a) The Legislative Services Commission shall cons-st of the President Pro Tempore of the Senate, six Senators appointed by the President Pro Ten',i:ore of the Senate, the Speaker of the House of Representatives, and six Representatives appointed by the Speaker of the House of Representatives. The President Pro Tempore of the Senate, and the Speaker of the House shall serve until the selection and qualification of their respective successors as officers of the General Assembly. The initial appointive members shall be appointed after the date of ratification of this Article and each shall serve for the remainder of his elective term of office and until his successor is appointed or until he ceases to be a member of the General Assembly, whichever occurs first. A vacancy in one of the appointive positions shall be filled in the same manner that the vacated position was originally filled, and the person so appointed shall serve for the remainder of the unexpired term of the person whom he succeeds. In the event the office of Speaker becomes vacated, the six Representatives shall elect one of themselves to perform the duties of the Speaker as required by this Article. In the event the office of President Pro Tempore becomes vacated, the six Senators shall elect one of themselves to perform the duties of President Pro Tempore as required by this Article. Members so elevated shall perform the duties required by this Article until a Speaker or a President Pro Tempore is duly elected by the appropriate house.
(b) The President Pro Tempore of the Senate shall be the chairman of the Commission in odd-numbered years and the Speaker of the House of Representatives shall be chairman of the Commission in even-numbered years.
[The Legislative Services Office has published a pamphlet containing the full text of the parts of G.S. Chapter 120 concerning the Legislative Services Commission and staff services provided through the Commission. The pamphlet is available through the Legislative Library in the State Legislative Building.]
Legislative Manual - January, 1991 Page 1
INTRODUCTION
This Manual provides information to the members of the General Assembly on arrangements which the Legislative Services Commission has made for various legislative services. The Manual was originally prepared for use during the 1973 General Assembly; it is completely revised each biennium, and is supplemented as necessary for the legislative sessions within the biennium. The basic statutory authorization for the Legislative Services Commission is set out on page 1 of this Manual.
The Legislative Services Commission was established by statute in 1969 to provide a continuing structure through which decisions concerning legislative services may be made and implemented. The Commission consists of the President Pro Tempore of the Senate, six Senators appointed by him, the Speaker of the House, and six Representatives appointed by him. Upon the convening of each regular biennial legislative session, the newly elected President Pro Tempore and Speaker may appoint new members to the Commission at any time. The Legislative Administrative Officer serves as chief staff officer for the Commission.
If you have criticisms or suggestions as to the plans and procedures set out in this Manual, please communicate them to the President Pro Tempore, Room 2017, State Legislative Building, Phone: 919-733-6854; or the Speaker, Room 2317, State Legislative Building, Phone: 919-733-3451; or to the Legislative Administrative Officer, Room 2129, State Legislative Building, Phone: 919-733-7044, who will transmit them to the Commission.
[For purposes of this Manual, "session means the period in which the General Assembly meets regularly upon day-to-day adjournment; it does not include the interim period between portions of the biennial session.]
Page 2 Legislative Manual - January, 1991
LEGISLATIVE PAY AND ALLOWANCES
All salary, General Expense Allowance, In-Session Expense Allowance and In-Session Travel Allowance amounts are effective with the convening of the 1991 General Assembly on January 30, 1991.
Salary: The Speaker of the House receives a salary of S35,100 per year. The Speaker Pro Tempore of the House receives a salary of $19,776 per year. The President Pro Tempore of the Senate receives a salary of 535,100 per year. The Deputy President Pro Tempore of the Senate receives a salary of $19,776 per year. The majority and minority leaders of both houses each receive a salary of $15,396 per year. All other members of the General Assembly receive an annual salary of $12,504. The salaries are payable monthly.
When the General Assembly is in session, the salary checks are placed in the legislators' mailboxes in the Mail Rooms (Room 2 in the basement of the State Legislative Building or in Room 102 of the Legislative Office Building) not later than 10:00 a.m. on the last work day of each month. When the General Assembly is not in session, the salary checks are mailed on the next to last working day of each month to the legislator's home district mailing address (the address is printed on the check).
Terms of newly elected legislators begin on January 1, of odd-numbered years, and salaries begin as of that same date.
Slate and federal income taxes are deducted from the monthly salary checks. Payments to legislators cannot commence until the necessary State and federal withholding forms are completed (see "Payroll Forms:" on page 5 of this Manual).
General Expense Allowance: The Speaker receives a $l,320-per-month general expense allowance. The Speaker Pro Tempore receives a $780-per month expense allowance. The President Pro Tempore receives a $l,320-per-month expense allowance. The Deputy President Pro Tempore receives a $780-per-month expense allowance. The majority and minority leaders of both houses each receive a $622-per-month general expense allowance. All other legislators receive a general expense allowance of $522 per month. This allowance is paid both during sessions and between sessions, without the legislators having to file any record of expenses.
The general expense allowance is paid at the same time and in the same manner as is the legislative salary (see "Salary:" on page 3 of this Manual). The two payments - salary and general expense allowance - are combined in a single check each month.
There are no deductions from the general expense allowance.
In Session Subsistence Allowance: During the time the General Assembly is actually in session in Raleigh, each legislator receives a subsistence allowance of $81.00 per day. This amount is paid for each calendar day of the session (seven days per week, or a total of $567.00 per week for each full week of the session). It is not necessary that the legislator file a claim or submit any record of his expenses in order to receive this allowance during the session.
Legislative Manual - January, 1991 Page 3
The subsistence allowance is paid by check placed in the legislator's mailbox in the Mail Rooms (Room 2 in the basement of the State Legislative Building or in Room 102 of the Legislative Office Building) not later than 10:00 a.m. every Thursday.
Telephone and Postage Allowance: Effective January 1, 1991, each legislator will be allowed a combined total of $1500 for his two-year term for long- distance telephone charges and postage used for member's official legislative business. This long-distance telephone and postage allowance may not be used to satisfy debts incurred by members who exceeded the 1990 telephone and postage allowance. The last paycheck of a member's two-year term will be held until all bills are paid for expenses exceeding the combined long-distance telephone and postage allowance.
In-Session Travel Allowance: During sessions of the General Assembly, each legislator receives a weekly travel allowance amounting to 25 cents per mile for one round trip from his home to Raleigh and return. This allowance is paid each week regardless of the number of actual trips made. [G.S. 120-3.1(2) sets the mileage rate for legislators at the same rate as for State employees generally: G.S. 138-6(1) sets the rate for State employees at 25 cents per mile.]
The travel allowance is paid each Thursday and is included with the weekly in-session subsistence allowance (see "In-Session Subsistence Allowance:" on page 3 of this Manual).
Interim Travel and Subsistence Allowance: Between sessions many legislators serve on various special boards and commissions, and may receive compensation, subsistence, and travel allowance as prescribed in the statute or resolution establishing the board or commission (sometimes at rates different from the usual legislative rates). When a legislator is reimbursed from a special board or commission budget, he is sometimes reimbursed under the provisions of G.S. 138-5, which concerns State boards and commissions generally. As these claims are not paid from the General Assembly's budget, they are not processed through the Legislative Services Office. The board or commission clerk sends them directly to the Budget Office of the Department of Administration where they are handled under the provisions of the applicable statute, resolution, or administrative rule.
Between sessions a legislator may travel not as a member of a special board or commission but rather as a representative of the General Assembly, or its committees or commissions. Such travel may be to a meeting in Raleigh or in some other in-State city, or it may be to attend an out-of-State meeting. If the legislator expects to receive any subsistence or travel allowance for such travel, he must obtain the prior approval of the Legislative Services Commission. The chairman of a committee which wishes to meet in North Carolina may obtain the approval for the entire committee, and individual committee members need not then obtain individual approval for that meeting.
In the absence of this kind of group approval, or if a meeting is to be held out of the State, prior approval must be obtained by each legislator who wishes to attend. Requests for approval may be submitted through the Legislative Services Office. This office, acting pursuant to policies adopted by the Legislative Services Commission, will obtain the approval of the President Pro Tempore or Speaker and will execute Form GA-2 - Travel Authorization - which will then be delivered to the requesting legislator.
Page 4 Legislative Manual - January, 1991
Or, if a legislator prefers, he may apply directly to the President Pro Tempore (Senators) or Speaker (House members) for approval, and those offices will transmit copies of Form GA-2 to the legislator. When the travel is performed, the legislator should deliver this form, together with the statement as to travel performed, hotel receipts, parking receipts, toll receipts, common-carrier ticket receipts, taxicab charges, and personal automobile mileage to the Legislative Services Office. A subsistence allowance of a flat $81.00 per day, regardless of actual expenses, is authorized by statute for in-state travel. A member who is authorized to travel to a high rate geographical area outside of North Carolina within the U.S. may elect to receive, in lieu of the S81.00 subsistence allowance, a subsistence allowance for meals of S20.00 a day and a subsistence allowance for lodging of actual lodging expenses not to exceed that allowed for high rate geographical areas as designated by the Federal General Services Administrator and published at 52 Federal Register 26630-26648 (July 15, 1987) and at 52 Federal Register 33616-33617 (September 4, 1987), a copy of which is in the Legislative Services Office.
When the Legislative Services Office receives the necessary documents and information, it will prepare the necessary budget Division Claim Form - Form BD 403S, Request for Reimbursement for Travel and Other Expenses - and send it to the legislator for his signature. When the legislator signs and returns this form to the Legislative Services Office, reimbursement will follow shortly.
Payment for Attending Interim Standing Committee Meetings: Legislators receive no additional salary for attending interim committee meetings. Members of a committee who attend an officially scheduled committee or subcommittee meeting are entitled to receive $81.00 per day subsistence allowance, plus 25 cents per mile for miles actually traveled.
The committee clerk submits to the Legislative Services Office a list of members attending scheduled committee or subcommittee meetings, plus a statement of the mileage traveled. The Legislative Services Office combines all of the entries for each legislator and issues the appropriate checks. It is not necessary that the legislator file a detailed expense account, as he will be paid a flat subsistence allowance of $81.00 per day, regardless of actual expenses.
Payroll Forms: Before any salary payments can be made, the legislator must execute certain payroll forms. Immediately after the general election in November, the Legislative Services Office sends each member a document which combines a mileage form. Federal Internal Revenue Service Form W-4 (Employee's Withholding Exemption Certificate); and North Carolina Department of Revenue Form NC-4 (Employee's Withholding Exemption Certificate). The member should fill out each of the forms and sign each (a total of three signatures being required on the single-sheet document).
New members cannot be paid until these forms have been executed and returned to the Legislative Services Office. If the forms are not received from incumbent members who are returning for another term, payment will be made on the basis of forms filed for the preceding term.
Once these forms have been executed and filed in the Legislative Services Office, payments of salary, general expense allowance, in-session subsistence allowance, and in-session travel allowance will be made automatically without further action by the legislator.
Legislative Manual - January, 1991 Page 5
The Legislative Retirement System: The Legislative Retirement System is pan of the package of benefits available to members of the General Assembly. A contribution of 7% of the monthly salary is deducted from the monthly salary check and is tax deferred until the member retires with the General Assembly. In addition, the State contributes 40.25% of the monthly salary. All members of the General Assembly are eligible for membership provided they are not contributing to any other state-administered retirement system. Benefits of the Legislative Retirement System are explained in the booklet entitled "Your Retirement System".
Health Insurance: Members of the N.C. General Assembly are entitled to hospital insurance coverage on themselves at no cost. If the member wishes to cover family members, he will have to pay the additional cost which will be deducted from his paycheck each month.
The Health Insurance Plan open enrollment period is January 1, 1991 through January 31, 1991. Applications received after January 31, 1991 will be subject to the 12-month pre-existing condition rule.
Dental Insurance: Dental Insurance is available to General Assembly members and their families with the member paying the full cost of the monthly premiums by payroll deduction.
The Dental Insurance Plan open enrollment period is January 1, 1991 through February 28, 1991. Applications received after February 28, 1991 may not be accepted.
Excess Liability Insurance: Each legislator is provided with $1,000,000 of liability insurance at no charge to the member.
In addition to the above-explained benefits members of the General Assembly are eligible to participate in 40 IK, Deferred Compensation, and the Dependent Care Assistance Plan. For information on any of these plans, contact the Disbursing Office, 733-7500.
Page 6 Legislative Manual - January, 1991
LEGISLATORS' OFFICES
1. Legislators' Offices. Each member of the General Assembly is assigned a private office and is free to use his office as he chooses. If he wishes to have furniture removed or added, he should so inform the Legislative Administrative Officer. The Legislative Services Commission has ruled that office furnishing equipment may not be removed from the Legislative Building or Legislative Office Building. The North Carolina General Assembly is not responsible for the loss or damage of personal items members place in their offices.
(a) Hanging pictures. The walls of the individual offices are constructed of marble blocks. Nails driven carelessly into these walls cause large holes which cannot be properly repaired and result in defacing the office. A legislator who wishes to hang a picture or other object on the wall of his office should apply to the Legislative Building Superintendent who will see that the necessary hangers are properly installed.
(b) Floor covering. Rugs are not provided by the General Assembly for legislators' offices. Any member of the General Assembly who wishes to provide his own rug may do so if the rug is of the area type and does not have to be fastened to the floor with adhesive or nails.
(c) Doors. Signs identifying the legislator and his county of residence are provided for each office door. No other signs, maps or other materials may be affixed to the outer side of an office door. Doors will not be cut or altered in any way in order to open or close over floor coverings.
2. Office Keys: Legislators obtain office keys from the Security Office. If the legislator desires a key for his secretary, he should send her to the Security Office, State Legislative Building, to sign for her key. The secretary should return her key to the Security Office at the end of the session. A legislator who is not re-elected for the next term should return his own key prior to January 1 next following the general election in November.
Each key to an office in the State Legislative Building will unlock the extreme right-hand door at the front of that building. Each key to an office in the Legislative Office Building will unlock the fire door (the extreme left-hand door) of that building's Lane Street entrance. Thus a member may have access to his office at any day and hour. Each member's key also unlocks the far right-hand door of the Lane Street (bridge level) entrance of the Legislative Building and the far right-hand door on the mall entrance (third floor) entrance of the Legislative Office Building thereby allowing members using the pedestrian bridge to have access to both the Legislative Building and the Legislative Office Building.
3. Use of Offices: The legislative office is for the use of the legislator and staff persons authorized by him.
In order to avoid unpleasant incidents and to improve the building security, when the legislative buildings are closed, building security personnel are instructed to evict from the legislator's office anyone
Legislative Manual - January, 1991 Page 7
(except for the legislator and his regular clerk) who does not have written authorization from the legislator to use the office after hours. Keys will be taken from unauthorized persons and returned to the legislator by security personnel.
Page 8 Legislative Manual - January, 1991
PARKING
Members of the General Assembly are allowed to park in the following areas during sessions of the General Assembly:
(1) Parking area under the State Legislative Building;
(2) Both sides of the portions of Lane Street, Jones Street, Wilmington Street, and Salisbury Street that surround the State Legislative Building;
(3) Designated area in Lot 65, (parking deck immediately behind the Slate Legislative Building. During interim periods:
(1) Parking area under the State Legislative Building;
(2) Visitor parking area in Lot 65, (parking deck immediately behind the State Legislative Building.
All parking is on a first come, first serve basis. There are no reserved parking spaces for General Assembly members under the State Legislative Building, on the street, or the in the parking deck.
Legislative Manual - January, 1991 Page 9
SECRETARIAL ASSISTANCE
Each committee chairman is entitled to a committee clerk, and each indivddual legislator is entitled to a private secretary. This clerk or secretary is situated in the committee chairman's suite or in the legislator's office. (In the interest of brevity, both clerks and secretaries are sometimes referred to as "clerks" in this manual, and the feminine pronoun is used.)
Selection of House Clerks: Employment of House Clerks is handled by the House Supervisor of Clerks under the supervision of the House Principal Clerk. Each committee chairman may choose his own clerk, and each individual Representative may choose his private secretary. Clerks and secretaries are subject to discharge at any time by the Representative whom they serve. If the Representative desires, he may employ the clerk and simply notify the House Supervisor of Clerks who will request the Legislative Administrative Officer to enter the employee on the payroll. Or, the Representative may notify the House Supervisor of Clerks as to whom he desires to have as clerk, and the Legislative Administrative Officer will employ that person if she is available. Or, the Representative may request the House Supervisor of Clerks to employ a qualified person as clerk, and the House Supervisor of Clerks will employ and assign the best qualified person available. Clerks generally are employed as of the opening day of the session; clerks to major standing committees may be allowed to begin work at an earlier date, if prior approval is granted by the Services Commission Chairmen.
Two Representatives may agree to share a clerk; if they agree upon the desired person, these Representatives have available the same alternatives as do chairmen and individual Representatives. Otherwise, the House Supervisor of Clerks will employ and assign the best qualified person available. Where two Representatives agree to share a clerk, they may then employ a Joint Research Assistant or Administrative Aide at the same pay rate which a clerk receives.
Selection of Senate Clerks: Employment of Senate Clerks is handled by the Senate Supervisor of Clerks. Each committee chairman may choose his own clerk, and each individual Senator may choose his private secretary. Clerks and secretaries are subject to discharge at any time by the Senator whom they serve. If the Senator desires, he may employ the clerk and simply notify the Senate Supervisor of Clerks who will request the Legislative Administrative Officer to enter the employee on the payroll. Or, the Senator may notify the Senate Supervisor of Clerks as to whom he desires to have as clerk, and the Legislative Administrative Officer will employ that person if she is available. Or, the Senator may request the Senate Supervisor of Clerks to employ a qualified person as clerk, and the Senate Supervisor of Clerks will employ and assign the best qualified person available. Clerks generally are employed as of the opening day of the session; clerks to major standing committees may be allowed to begin work at an earlier date, if prior approval is granted by the Legislative Services Commission Chairmen.
Two Senators may agree to share a clerk; if they agree upon the desired person, these Senators have available the same alternatives as do chairmen and individual Senators. Otherwise, the Senate Supervisor of Clerks will employ and assign the best qualified person available. Where two Senators agree
Page 10 Legislative Manual - January, 1991
to share a clerk, they may then employ a Joint Research Assistant or Administrative Aide at the same pay rate which a clerk receives.
Qualification of Clerks: When a clerk is hired by or at the request of a legislator that legislator vouches for the employees' competence, and she will not be tested by the Legislative Services Office. When a clerk is hired and assigned by the appropriate Supervisor of Clerks, the employee's competence will be checked by the supervisor.
Pay of Clerks: Employees of the General Assembly are paid according to classifications and schedules adopted by the Legislative Services Commission. Each clerk, no matter how she is hired, will be classified by the Legislative Services Office and paid according to the appropriate schedule.
Working Hours: The normal working day for committee clerks and members' secretaries is from 9:00 a.m. to 5:00 p.m. daily. Because the General Assembly does not usually observe holidays, employees are expected to work on those days also.
Each legislator is responsible for seeing that his clerk works the proper number of hours. Each legislator may adjust his clerks' work schedule to meet his own special needs. He should realize that if he grants special privileges to his clerk, others who are not granted such privileges will complain, and a major morale problem will result. If a legislator allows his clerk to come in later on Monday, or leave early on Friday, for example, he should not call on other clerks or the Legislative Services Office for assistance in her absence. Unexcused absences or absences by reason of illness should be reported to the Legislative Services Office so that proper adjustments of pay can be made.
Control and Direction of Clerks: Each legislator has exclusive control and direction of his clerk. No clerk will be assigned any work or duty by any person without the approval of the legislator for whom she works.
The House and Senate Supervisors of Clerks assist in the hiring, assigning and training of clerks. These supervisors are available to advise clerks as to proper procedures and techniques for handling legislative business.
If a clerk is absent, the legislator concerned may notify the appropriate supervisor and substitute services will be provided. A clerk who knows in advance that she will be absent during scheduled hours should notify the appropriate Supervisor of Clerks in advance. Whenever substitute service is made necessary by the absence of a clerk, the Legislative Services Office is instructed to deduct an appropriate amount from the absentee's salary unless the clerk has sufficient accumulated earned sick leave. Any substantial deviation from these general rules is subject to approval by the President Pro Tempore of the Senate or the Speaker of the House.
General Policies Governing Clerks: In order to minimize morale problems among the clerks and other temporary employees of the General Assembly, the Legislative Services Commission requests that all legislators enforce certain general rules. These rules are discussed with clerks in each house at the beginning of the session by the Supervisor of Clerks, and the Supervisor is directed to call violations to the
Legislative Manual - January, 1991 Page 11
attention of the clerk concerned; this function is designed to assist, and not to interfere with, the legislator's control over his own clerk. The general rules follow:
1. Working hours are from 9:00 a.m. to 5:00 p.m. daily, with one hour off for lunch. This schedule is subject to variation by the individual legislator, but the total time devoted to legislative service by the employee must be not less than the minimum hours included in this regular schedule.
2. One of the primary duties of a clerk is to act as receptionist for the legislator served. Clerks should stay in their own office except when moving about in performing their duties.
3. Except at the express direction of the legislator served, clerks should not occupy balcony seats in the legislative chambers during the daily sessions.
4. With the approval of the legislators concerned, clerks may assist each other at times when the workload of one is great, and the workload of another is slight. As there is no longer any secretarial pool to come to the aid of an overburdened clerk, the willingness to assist is encouraged, but only with the approval of all legislators concerned. From time to time the Supervisor of Clerks will seek a legislator's permission to channel work from another source to that legislator's clerk.
Interim Clerical Services: Standing committees meeting during interim periods may utilize the services of their individual clerks on a part-time basis. Each clerk will be situated in the chairman's office. She will be paid a full day for each day on which she attends a committee or subcommittee meeting plus one additional day for preparation and minute-keeping. Thus, if a clerk attends a one-day meeting on Friday, she will be paid for two days; if she attends a two-day meeting, she will be paid for three days.
Page 12 Legislative Manual - January, 1991
MAIL SERVICE AND POSTAGE
The Legislative Mail Rooms are located in Room 2 in the basement of the State Legislative Building and Room 102 in the Legislative Office Building. The service window in the Mail Room is manned from 8:30 a.m. to 5:30 p.m. daily.
Incoming Mail: The Mail Rooms are equipped with post office type mailboxes, one of which is assigned to each legislator. Incoming mail is not delivered to individual offices but is placed in the legislator's box. Once permanent office assignments have been made, legislators will be given the number and combination of their mailbox by the Mail Room Supervisor.
Outgoing Mail: Outgoing mail must be bundled with the Legislator's Postage Authorization slip. This Authorization slip bears the name of the legislator, clerk or secretary, date, number of pieces of mail, and the legislator's assigned postage account number. Outgoing mail may be deposited in the Mail Rooms or in collection centers maintained in Room 2125 and in Room 2225 on the second floor of the State Legislative Building.
Legislators may have printed materials placed in other legislators' mailboxes only if each piece of the material is designated as coming from a legislator.
Postage: Postage on outgoing official mail is paid from General Assembly funds. A postage meter interfaced to an electronic accounting system is used. Effective January 1, 1991, each legislator is allowed a combined total of S1500 for his two-year term for long-distance telephone charges and postage used for member's official legislative business. There is no limit on the number of pieces mailed or cost per piece; however, once a member has used his combined allowance for his two-year term, our Disbursing Office will begin billing him for postage. Allowances not used are not transferable to another legislator's account and are not transferable to a member's next two-year term upon re-election. The last paycheck of a member's two-year term will be held until all bills are paid for expenses exceeding the combined long-distance telephone and postage allowance.
Personal mail of both the legislator and his clerk or secretary should be stamped. Stamps may be purchased at the service window at the Mail Rooms.
When an unstamped envelope bearing a legislator's name and accompanied by an authorization slip is deposited in one of the collection locations for outgoing mail, the legislator thereby certifies that the envelope contains official legislative business.
Returned Mail: A substantial number of letters are returned to the Mail Rooms by the United States Post Office, frequendy marked "Address Unknown", or with some similar notation. This mail will be returned to the sender by placing it in his box.
Registered Mail and Certified Mail: By arrangement with the U.S. Post Office, the Mail Rooms pick up registered and certified mail. A notice of such mail is placed m the legislator's box and delivery is made at the service window.
Legislative Manual - January, 1991 Page 13
Interim Mail: Between sessions, first-class mail is forwarded to legislators' home addresses. Other mail is placed in the individual legislator's Mail Room mailbox to be picked up by the legislator whenever he/she happens to be in Raleigh.
Interim Postage: Legislators are expected to use their combined postage and long-distance telephone allowance to pay postage for any individual mailings during an interim period. Clerks for interim legislative committees who prepare mailings from Raleigh will transmit the material to the Mail Rooms where it will be processed through a postage meter and charged to the appropriate Committee account.
Express Mail Service: Legislators on occasion request materials be sent to them by staff via Federal Express, UPS, USPS Express Mail, etc. in order to insure next-day delivery. Materials can be mailed in this manner; however, legislators will be billed by our Disbursing Office for the costs incurred for expedited mail.
Page 14 Legislative Manual - January, 1991
TELEPHONE
Each legislator has a private telephone on his desk in his legislative office. This telephone may be reached by dialing an individual number. In addition, during the session Southern Bell maintains a telephone switchboard center in the State Legislative Building just off the House side of the second-floor rotunda next to the chapel. The telephone number of this center is (919) 733-4111. The center is operated during normal business hours. Incoming calls to the center number reach a switchboard which will ring the legislator's office and will take and deliver messages if the office telephone does not answer. Calls to the legislator's individual private number do not go through the telephone center switchboard. A telephone room has been established in the Legislative Office Building in Room 642 for the exclusive use of legislators. There are two telephones in this room which can be used for toll-free local calls.
Local Service: The charges for local service to the individual legislator's office telephone are paid by the General Assembly. This service is provided on a continuing basis throughout the biennial session. (See "Telephone Service During Interim Periods:" page 16.)
Long-Distance Service: Each legislator's office telephone is connected to the State Telephone Network (STN). Long-distance rates for calls made over this network are about 40% of the regular commercial rate for the average in-State long-distance call. The STN rate is the same for calls to all points in North Carolina, regardless of the distance from Raleigh. Thus, it is possible to give each legislator the identical long-distance allowance and thereby assure that each has available the same long-distance time at the expense of the General Assembly. Effective January 1, 1991, each legislator is allowed a combined total of S1500 for his two-year term for long-distance telephone charges and postage used for member's official legislative business. All long-distance calls made from a member's Legislative Building/Legislative Office Building office phone and calls made using the State Network Credit Card will be charged against the allowance. Members exceeding the combined allowance will be billed for the amount over the allowance. Allowances not used are not transferable to another legislator's account and are not transferable to a member's next two-year term upon re-election. The Legislative Administrative Officer has been directed not to make such transfers, and the Legislative Services Commission requests that legislators not apply for such transfers. The last paycheck of a member's two-year term will be held until all bills are paid for expenses exceeding the combined long-distance telephone and postage allowance. Long-distance bills are paid in the first instance by the General Services Division of the Department of Administration. The Legislative Services Office then reimburses the General Services Division and sends to each legislator a monthly statement showing calls made on his phone and the charges made against his allowance. If the legislator does not exceed his combined allowance for his two-year term, the account is closed at the end of the year and the legislator owes nothing. If the charges exceed the combined long-distance telephone and postage allowance, the Services Office bills the legislator for the excess. In using the State Telephone Network, certain important points should be kept in mind.
Legislative Manual - January, 1991 Page 15
1. STN billing is different from ordinary commercial WATS line billing. All calls on STN are billed to the calling phone. If a legislator allows his office phone to be used for any long distance calls except on his legislative business, the legislator's allowance for business purposes is reduced accordingly. The idea that this is a WATS line, and that it makes no difference how many calls are made over it, is erroneous.
2. A legislator may make long-distance calls from his hotel room or other location and may charge the calls to his office phone, but the charges for such calls will be made by the telephone company at the regular commercial rate and not at the reduced STN rate.
3. The reduced STN rate is possible because the Department of Administration leases only as many long-distance lines as are necessary to give reasonably adequate service at peak hours without having a great many idle lines during periods of minimal use. Use by the permanent agencies of State Government follows a predictable and relatively even pattern. Legislative use patterns are more variable and less predictable. Normal peak hours of the existing STN pattern occur between 9:00 and 11:30 a.m. and between 2:00 and 4:00 p.m. If temporary inconvenience caused by peak period overload of the STN develops, legislators can cooperate in reducing the problem by placing their calls, when possible, outside these peak hours.
Telephone Services During Interim Periods: The telephone in an individual legislator's private office remains connected while the General Assembly is not in session. The charge for local services is paid by the General Assembly. Long-distance calls made by the legislator from his office telephone during these interim periods will be charged against the legislator's long-distance telephone allowance (See "Long-Distance Service:" page 15.)
Calls to State Offices in Raleigh from Legislator's Home Area: Each legislator is issued a State Telephone Network (STN) card which allows him the advantage of the low STN long-distance rates when calling anywhere in the continental United States. All charges made on the STN card will be charged against the legislator's combined postage and long-distance telephone allowance (See "Long-Distance Service" page 15.) In order to use this service the legislator must follow the instructions printed on the STN card. The legislator should not dial the regular long-distance operator; attempts to use the STN card through regular commercial long-distance procedures will fail. There are a few areas of the State in which the STN card service is not yet available, but the service is being constantly expanded and it will soon be available in the few legislators' home areas not currently served.
Page 16 Legislative Manual - January, 1991
STATIONERY
Each legislator will be provided with up to 4,000 sheets of stationery and 4,000 envelopes at State expense. This allotment is for the full two-year term. If a legislator requires more than the allotment, the Legislative Services Office will order additional stationery and will bill the legislator for the excess. The 4,000 sheets of stationery may be any combination of bond and onionskin letterheads requested by the legislator.
When new legislators arrive at the beginning of the session they are provided with 500 sheets of bond letterhead bearing the Senate or House designation and the legislator's name, district, and home address. Envelopes showing Senate or House designation and the legislator's name are also provided.
As soon as committee appointments have been completed, each legislator should have his clerk prepare and bring to the Disbursing Office a sample of his letterhead showing Senate or House designation, legislator's district and home address, and committee assignments. The Disbursing Office will then order letterhead and envelopes. Further orders for stationery will be placed upon request of the legislator. Requests may be made directly to the Disbursing Office in Room 5 of the State Legislative Building.
The N.C. General Assembly does not furnish engraved letterhead.
As directed by the Legislative Ethics Committee "it is inappropriate for any legislator to use or allow another to use his official legislative stationery paid for by the State for soliciting campaign contributions to or thanking contributors to the legislator's political campaign. A legislator may use a facsimile of the legislator's official legislative stationery in soliciting campaign contributions or thanking contributors to the legislator's political campaign if it is paid for by other than State funds and if it bears a clear disclaimer that indicates the stationery was not printed or mailed at State expense."
Letterhead and/or envelopes ordered through the Disbursing Office cannot be ordered bearing the "not printed at government expense" disclaimer although the legislator may desire to pay for the letterhead and/or envelopes. Because the letterhead/envelopes are printed at a much cheaper cost than would be charged in the open market, the disclaimer would not, in fact, be a true statement. Legislators are requested to purchase any letterhead/envelopes bearing "not printed at government expense" from a private vendor.
Legislative Manual - January, 1991 Page n
DICTATING EQUIPMENT
Every legislator who desires it will be provided with dictating equipment by calling Don Hibbert (Telephone 733-2170). Dictating equipment should not be removed from the legislative buildings.
Page 18 Legislative Manual - January, 1991
FACSIMILE MACHINE (FAX)
There are two FAX machines for use of General Assembly members. Telephone line charges for the use of the FAX machine will be charged to the using member's telephone allowance. A legislator or his secretary should be present at the time of transmission to receive a confirmation of the transmission.
The FAX machines' locations and receiving numbers are: Room 400 Legislative Office Building, 919-733-3113 Room 7 Legislative Building, 919-733-2599 (located in Room 2129 during the interim)
If a member receives documents over the FAX, there is no charge and the member will be notified of the receipt of the document.
Legislative Manual - January, 1991 Page jg
PRINT SHOP AND COPYING MACHINES
The Print Shop is located in Room 107 of the Legislative Office Building. Legislators and their clerks should use the Print Shop when they need 20 or more copies. The Print Shop should be used for copying official legislative materials only (no personal printing, i.e. letters to constituents, newsletters, invitations, etc.).
For less than 20 copies legislators and their clerks should use the copying machines located in Room 618 in the Legislative Office Building or on the second floor of the State Legislative Building. Operators are there to assist you.
P^g^ 20 Legislative Manual - January, 1991
BILL DRAFTING
Bill Drafting Division: The Bill Drafting Division of the Legislative Services Office is located in Room 100 on the first floor of the Legislative Office Building. The Division is staffed by a Director (Gerry F. Cohen), nine staff attorneys, a research assistant, and two permanent secretarial employees. Legislators may present their bill-drafting requests to this office in person or by telephone (733-6660). If the legislator knows which staff attorney he wishes to talk with, he may call for that attorney. Otherwise, the secretary will refer the legislator to the drafter who specializes in the field affected by the requested draft. When all staff attorneys are temporarily occupied, the secretary will take the request and transmit it to the appropriate drafter as promptly as possible. Drafting requests and bills drafted are confidential within the Bill Drafting Division Office until the sponsoring legislator releases them.
Research Division: The Research Division of the Legislative Services Office provides staffing support (broad range of legal and non-fiscal research, and drafting and redrafting of amendments and committee substitutes) to selected standing committees on a regular basis and, where requested, to conference committees. The Division also provides, subject to availability of personnel, a significant amount of initial drafting of bills where the subject matter concerns legislative procedure or internal legislative operations (creation of interim legislative study commissions and committees, modification of House or Senate rules, etc.) or other matters within the expertise of individual staff members. Drafting requests in these areas may be presented to the Director of Research (Terrence D. Sullivan, Room 545, Legislative Office Building; Phone: 733-2578). Research and drafting requests made to Research Division personnel are kept confidential under the provisions of the law on confidentiality of legislative communications.
Other Bill Drafting Sources
Attorney General's Drafting Division: A legislator who has a bill to be drafted may present his request to the Attorney General's Drafting Office (Floyd M. Lewis, Revisor of Statutes and Assistant Attorney General, Raney Building, 104 Fayetteville St. Mall; Phone: 733-6026). A member of the Attorney General's staff will discuss the matter with the legislator and a bill will be drafted.
Normally, a legislator should use the services of the Bill Drafting Division, Research Division or the Attorney General's office for bill drafting. There is, however, no requirement that all bills be drafted by those offices. The legislator may do his own drafting, or he may turn to any other competent source.
Legislative Manual - January, 1991 Page 21
BILL PROCESSING
Preparation of Copies for Introduction: The drafter provides the legislator with one or more copies of the finished bill draft. Sometimes, these copies are not yet in the format required for introduction. In 1969 a computerized bill processing and printing system was first installed and copies from computer-produced printouts are now delivered to the legislator for use as introduced copies. After approval of the draft by the legislator, the drafter will forward a copy to the Computer Input Center (Room 104 on the first floor of the Legislative Office Building) for handling by the Legislative Text Storage/Bill Processing System. If the bill is drafted by anyone other than legislative staff members or the Attorney General's Office, the legislator must send the copy to the Computer Center although legislative staff are available to review and comment on outside drafts. The bill is put into computer storage and proofread, and a corrected print is obtained. Forty copies of the print are reproduced in the Printing Room (Room 107 on the first floor of the Legislative Office Building). The copies bear a large "D" in the upper right-hand corner to denote that the bill is a draft copy. An official bill jacket is prepared and affixed to one of the copies. All of these copies are placed in an envelope and delivered to the sponsoring legislator through the office of the Principal Clerk of the appropriate house; or on request, the Computer Center will deliver bills directly to the sponsor. At this point, the text of the bill is still confidential, insofar as the legislative staff is concerned. Only the operator who inputs the bill can retrieve it from computer storage at this point, and computer operators, proofreaders, and printers are constantly cautioned and checked to make certain that the sponsor's confidence is not violated.
Introduction: Under the Senate and House rules, a bill is filed with the Principal Clerk's Office and given a number. In the House this filing constitutes introduction. On the next legislative day the bill receives its first reading on the floor of the House. In the Senate the bill's presentation to the Senate is its introduction. The bill is given a number and is normally referred to a committee. The bill number, date of introduction, and committee reference are input into computer storage and a new print, with a large figure "1" in the upper right-hand corner of the first page is produced. A copy of this print is placed in the bill notebook of every legislator, and additional copies are available from the Printed Bills Office in Room 2022 of the State Legislative Building.
Amendments: As bills are amended in the house of origin, new engrossed prints are produced and distributed. Subsequent prints bear the figure "2", "3", etc., in the upper right-hand corner of the first page for easy distinction from earlier prints.
If a bill passes the house of origin, all amendments are routinely engrossed in a new print before the bill is sent to the other house. If the bill is amended in the second house, the amendments are not engrossed, as the bill must be returned to the house of origin for approval, not of the basic text, but solely of the amendments adopted by the second house.
If the house of origin concurs in the amendments, the bill is sent to the enrolling office.
Conference Committee Reports: If the house of origin fails to concur in the amendments approved by the other house, a conference committee is usually appointed to try to resolve the
Page 22 Legislative Manual - January, 1991
differences. This committee reports back to both houses a recommended text without amendment. If the report is adopted in both houses, the bill is sent to the enrolling office. If the conferees fail to agree, new conferees may be appointed and the conference process is reported. However, if either house refuses to adopt the report of its conferees, no new conferees may be appointed.
Enrollment and Ratification: The Legislative Administrative Officer or his designee serves as Enrolling Clerk to the General Assembly. Bills for enrollment are sent to the Assistant Enrolling Clerk who checks the text for accuracy and then turns the copy over to the Computer Center. The Computer Center obtains a clean print of the final text. This print, called the enrolled bill, is submitted to the two presiding officers for their signatures. The signing of the enrolled bill by the presiding officers is the act of ratification (the bill is at that time enacted, i.e. law). The signed copy is filed permanently in the Secretary of State's Office.
Identification and Status of Introduced Bills: Members of the General Assembly and staff, and the public, have easy access to complete information on the identification, status, and legislative history of all current legislation being considered by the General Assembly. Any interested person may get information on the status of current legislation from the Bill Status (Video) System by calling, writing, or visiting the Bill Status Desk in the Legislative Library (Phone: 919/733-7779; Room 2226 of the State Legislative Building).
Public terminals to access the status of bills are also located in the Printed Bills Office (Room 2022), the Legislative Office Building Library (Room 500 LOB), and the Automated Systems Division (Room 400 LOB).
Legislative Manual - January, 1991 Page 23
DISTRIBUTION OF PRINTED BILLS
Desk Copies: As soon as a bill is introduced, a printing is ordered and is available the next morning. Copies of every new bill are collected each morning for each legislator by the Bill Distribution Center in Room 105 on the first floor of the Legislative Office Building. Each House secretary must pick up copies for her legislator and place the bills in the legislator's Chamber notebooks. The Senate Sergeant-at-Arms will deliver bills to each Senator's office and a daily bill notebook should be prepared by the secretary. If a House member desires an office file, he should notify the Bill Distribution Center in Room 105 of the Legislative Building and the Bill Distribution Center will prepare for that member two sets of bills daily; the House member's secretary will maintain the bill books in both the chamber and the legislator's office.
Bills for Committee Use: A committee chairman may obtain such copies of bills as his committee needs by sending his clerk to the Printed Bills Room (Room 2022). To avoid last-minute congestion, clerks are urged to obtain committee copies of bills on the day following reference to committee, and should hold them for later committee use.
Additional Copies for Individual Legislators: A legislator may obtain up to 50 additional copies of any bill for distribution to his constituents. If he requires a greater number, they will be provided to him and he will be billed for their actual cost.
Copies to Private Citizens: Any person may obtain one free copy of any current bill by requesting it to the Printed Bills Room. Additional copies may be obtained at a cost of 10 cents per page. The Printed Bills Room will mail one free copy of any bill to any citizen who requests it.
The Legislative Administrative Officer has been instructed not to provide complete sets of all bills to private citizens or organizations.
Copies to State Agencies and Institutions: Any State office, agency or institution will be supplied with three free copies of any bill in which the office has a particular interest. The Legislative Administrative Officer has been instructed not to provide complete sets of all bills — several thousand per session — to State offices. State offices that require more than three copies of any bill may obtain them at cost.
Page 24 Legislative Manual - January, 1991
PROFESSIONAL STAFF SERVICES
[A more complete directory of legislative staff is included in another publication prepared by the Legislative Services Office; copies of the General Assembly of North Carolina Telephone Directory are available through the Legislative Library.]
The Legislative Administrative Officer (George R. Hall, Jr., Room 2129, State Legislative Building; Phone 733-7044) is responsible for supervision of all the Divisions and is available generally for consultation and assistance concerning overall legislative staff policy matters, administrative matters, and the affairs of the General Assembly generally regarded as business and personnel matters.
The Building Superintendent (Mike Minshew, Room 1, State Legislative Building; Phone; 733-4292) is available on matters concerning security, building maintenance, and custodial services.
The Budget Officer (Elaine Robinson, Disbursing Office, Room 5, State Legislative Building; Phone: 733-7500) is available on matters concerning payroll, budget, insurance, retirement, and legislative staff leave policies and records.
The staff of the Bill Drafting Division of the Legislative Services Office is available to individual legislators through the Director of Legislative Drafting (Gerry F. Cohen, Room 100, Legislative Office Building; Phone: 733-6660). [Further information on drafting including the Attorney General's Drafting Office, is found on page 21 of this Manual.]
The staff of the Fiscal Research Division of the Legislative Services Office is available to individual legislators or to non-fiscal committees, subject to limitations of available personnel, for fiscal research and information through the Director of Fiscal Research (Tom Covington; Room 619 in the Legislative Office Building; Phone: 733-4910). The Fiscal Research staff regularly assists the Appropriations Committees and their chairmen, and it provides some support to the Finance Committees and their chairmen.
Professional services from the Research Division of the Legislative Services Office (research and bill-drafting) are available to committees that do not have regularly assigned staff or to individual legislators, subject to limitations of available personnel, through the Director of Research (Terrence D. Sullivan; Room 545, Legislative Office Building; Phone 733-2578). Some of the standing committees will have a member of the Research Division professional staff on a regular assignment basis, operating under the direction of the committee chairman.
The Legislative Library (Mrs. Cathy Martin, Librarian; Room 500 of the Legislative Office Building; Phone 733-9390; and Room 2226 State Legislative Building; Phone 733-7778) is part of the Research Division and library staff can provide assistance on bill identification and research questions. (The Legislative Library is also the depository for records from the Senate and House electronic voting systems (as directed by Senate and House Rules), for filings under Legislative Ethics law requirements (G.S. 120-95), and for lobbying records (G.S. 120-47.2)). The Legislative Library has two component locations — one in each of the legislative buildings — for the convenience of legislators. The main component is in the Legislative Office Building and is designed as the principal legal and general research
Legislative Manual - January, 1991 Page 25
unit. The auxiliary component remains in the State Legislative Building and will contain North Carolina Statutes and Journals which might be needed immediately during the legislative sessions or for committee meetings held in the State Legislative Building.
The Legislative Automated Systems Division of the Legislative Services Office (Glenn Newkirk, Director) is located in Room 400 of the Legislative Office Building; Phone 733-6834. The Legislative Automated Systems Division, established in November, 1984, has designed, developed, implemented, and maintained a number of computer applications for the General Assembly. Among these applications are bill typing, legal document search and retrieval, bill status reporting, office automation, electronic publishing, budget and expenditure tracking, legislative payroll, general accounting, electronic communications with the State Computer Center, and a number of microcomputer applications. Policies and procedures for access to the various applications on the computer system are set by the Legislative Services Commission and its Subcommittee on Legislative Information Systems. There is a Facsimile Machine (FAX) located in the Legislative Automated Systems Division for the use of General Assembly Members. (See Page 19).
The Legislative Information Office, a division of the Legislative Services Office (Margaret Webb, Legislative Information Officer) is located in Room 9 of the State Legislative Building; Phone 733-4200. The Legislative Information Office releases information on ratified bills of statewide interest and interim committee recommendations to the approximately 500 dailies, non-dailies and electronic news outlets located in North Carolina. The office also maintains press lists by county and district which are available to legislators.
The Institute of Government, which is part of the University of North Carolina at Chapel Hill, provides services to the General Assembly on a contract basis. The Daily Bulletin, which digests every bill and records the history of the progress of bills, is prepared and distributed by the Institute. Several members of the Institute's staff, in areas such as motor vehicles or local government, provide regular or periodic services to legislative committees and to individual legislators.
With the approval of the Legislative Services Commission, the Legislative Administrative Officer is authorized to contract for and assign part-time professional assistance from the University or other sources.
A Legislative Intern Program is operated for the General Assembly (during long, odd-year, sessions only) by the North Carolina State University Department of Politics. The Intern Program is under the direction and control of the Legislative Intern Program Council (Lt. Governor, Speaker, and Chairman of the North Carolina State University Department of Politics - G.S. 120-56). The program provides staff assistance at the subprofessional level to select committee chairmen, legislative leaders, and individual legislators, and the interns receive political science and related instruction from North Carolina State University.
Page 26 Legislative Manual - January, 1991
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