AN ACT TO (1) AUTHORIZE CONTINUANCES OF DIVISION OF MOTOR VEHICLES INSPECTION STATION VIOLATION CASES; (2) PROVIDE THAT AGRICULTURAL TOURISM SIGNS ON STATE HIGHWAYS ARE SUBJECT TO DEPARTMENT OF TRANSPORTATION LOCATION AND PLACEMENT RULES; (3) CHANGE THE DUE DATE FOR THE NORTH CAROLINA TURNPIKE AUTHORITY ANNUAL AUDIT REPORT TO OCTOBER; (4) REPEAL A REQUIREMENT THAT THE DEPARTMENT OF TRANSPORTATION ANNUALLY REPORT RIGHT TURN ON RED PEDESTRIAN CRASHES; (5) AMEND THE STATE DRIVERS LICENSE MATERIAL TECHNICAL STANDARDS; (6) APPLY ALTERNATE PRIORITIZATION CRITERIA UNDER THE STRATEGIC TRANSPORTATION INVESTMENTS ACT FORMULA TO FEDERAL AND STATE FUNDS USED FOR EMERGENCY REPAIR WORK; (7) REENACT THE AUTHORIZATION FOR THE DEPARTMENT OF TRANSPORTATION TO PARTICIPATE IN PRIVATE DEVELOPER CONTRACTS FOR IMPROVEMENTS TO THE STATE HIGHWAY SYSTEM, SUBJECT TO A LIMIT OF THE LESSER OF TEN PERCENT OR TWO HUNDRED FIFTY THOUSAND DOLLARS; (8) TO EXCLUDE FEDERAL LANDS ACCESS PROGRAM FUNDS FROM THE STRATEGIC TRANSPORTATION INVESTMENTS ACT FORMULA, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE; (9) UPDATE STATE LAW GOVERNING DEPARTMENT OF TRANSPORTATION OVERSIGHT OF THE SAFETY OF RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS; (10) AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO INSTALL AND OPERATE RAMP METERS AND TO PROVIDE THAT VIOLATION OF A RAMP METER SIGNAL IS AN INFRACTION; (11) CLARIFY STATE LAW CONCERNING FERRY RECEIPT GENERATING ACTIVITIES; (12) SPECIFY PENALTIES FOR VIOLATION OF REQUIRED ETHICS REPORTING PROVISIONS APPLICABLE TO METROPOLITAN PLANNING ORGANIZATIONS AND RURAL TRANSPORTATION PLANNING ORGANIZATIONS; AND (13) AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO CONTRACT FOR SPONSORSHIP ARRANGEMENTS FOR DEPARTMENT OPERATIONS. Enacted July 7, 2014. Sections 1 and 12 are effective October 1, 2014. Section 10 is effective December 1, 2014. The remainder is effective July 7, 2014.
Summary date: Jul 8 2014 - View summary
Summary date: Jun 11 2014 - View summary
Senate committee substitute makes the following changes to the 3rd edition:
Changes the long title.
Amends GS 136-89.193(b), making clarifying changes and providing that the required annual report and audit is to be submitted no later than October 31 of the fiscal year in which the report and audit are completed.
Amends GS 136-189.11, The Transportation Investment Strategy Formula, to provide that funds from the Federal Lands Access Program are excluded from the formula.
Amends GS 136-18(36) updating existing state law authorizing the DOT to oversee the safety of fixed guideway transit systems by correcting a federal statutory reference. Provides that oversight of fixed guideway public transportation systems not regulated by the Federal Railroad Administration will be done pursuant to 49 USC 5329 and 5330. Makes technical changes. Adds new language that requires the NC Department of Transportation (DOT) to inspect rail fixed guideway public transportation systems, notifying the system of any deficiencies that require necessary repairs. Allows DOT to conduct a program of accident prevention and public safety for rail fixed guideway public transportation systems, including requiring any such system involved in an accident to report the accident to DOT. Requires DOT to oversee the implementation of the federally required rail fixed guideway public transportation system safety plan. Directs DOT to audit each rail fixed guideway public transportation system at least every three years in regards to its compliance with the federally required safety plans. Directs DOT to provide, at the minimum, an annual report on the status of the safety of the rail fixed guideway public transportation systems that DOT oversees, with reports being submitted to the Federal Transit Administration, the Governor, and the Board of Directors of any rail fixed guideway public transportation system that is overseen by DOT. Provides that DOT cannot receive any funding for the above requirements from any rail fixed guideway public transportation system.
Amends GS 136-82 to allow ferry sponsorships and extends permissible advertising to allow advertising at ferry facilities in addition to within ferry vessels. Allows DOT to issue rules to implement provisions concerning these and related receipt-generating activities. Makes conforming and clarifying changes.
Amends GS 66-58(c) to provide a clarifying exemption to the Umstead Act for DOT's authorized receipt-generating activities.
Amends GS 136-200.2, 136-211, and proposes new subsections in GS 138A-25 to specify the penalty for failure to file the required statements of economic interest and disclosure of real estate for voting members of metropolitan planning organizations (MPOs) and rural transportation planning oranizations (RPOs). As specified, the penalty for failure to file within 30 days of receipt of notice is $250, with failure to file within 60 days constituting a Class 1 misdemeanor. Also directs the State Ethics Commission to forward any written allegations of violations of the ethics provisions applicable to MPOs and RPOs to the Attorney General for investigation and possible referral to the District Attorney. Effective October 1, 2014, applying to obligations to file additional disclosures arising on or after that date.
Amends GS 136-18 to provide that the DOT is authorized to contract for sponsorship arrangements for DOT operations and is also allowed to solicit contracts for such arrangements. Funds collected and savings realized must be used for the funding of maintenance activities.
Summary date: Jun 4 2014 - View summary
House amendment makes technical corrections to the 2nd edition, adding a punctuation mark and amending Section 7 to rewrite Section 2 (was, Section 9) of SL 2009-235.
Summary date: Jun 3 2014 - View summary
House committee substitute makes the following changes to the 1st edition:
Changes the short and long title.
Amends GS 106-22.5(a) providing that the Department of Agriculture and Consumer Services must work with the Department of Transportation (DOT) in providing directional signs on major highways near interchanges to agriculture facilities that promote tourism. Requires the Department of Agriculture and Consumer Services to follow sign location and placement rules of the DOT Tourist-Oriented Directional Signs and Logo Signs programs.
Changes the due date for the NC Turnpike Authority's annual audit report, providing that the report is required to be submitted in October of each year (previously, was to be promptly submitted after the closing of each fiscal year).
Repeals the requirement that the DOT report annually to the Joint Legislative Transportation Oversight Committee on right turn on red light crashes, including crashes that involved pedestrians and persons with disabilities.
Amends GS 20-7 to require that driver's licenses include a color photo of the license holder applied to material measured by the industry standard of security and durability and that is resistant to tampering and reproduction (was, a color photo, or a properly applied laser engraved picture on polycarbonate material).
Amends GS 136-189.11 to exclude from the prioritization criteria under the strategic transportation investments act formula funds obligated in support of emergency repair work necessary to restore essential travel, minimize the extent of damage, or protect remaining facilities resulting from events that occurred during a declared emergency that significantly damaged the state-maintained transportation system to the extent that safe passage is jeopardized. Funds not subject to the prioritization criteria are (1) federal or state funds obligated for repairs for which federal Emergency Relief Funds are available and (2) state funds obligated for repairs to damage occurring as a result of an event declared to be a federal or state emergency.
Amends SL 2009-235, to provide that the DOT can participate in private developer contracts for improvements to the state highway system, subject to certain limitations, including participation limited to the lesser of 10 percent of the contract or $250,000. This authorization of participation expires on December 31, 2016.
Amends GS 20-158(c) and 20-4.01 to provide for the inclusion of ramp meters as a traffic control device in our state. Sets out the definition of ramp meter and GS 20-158(c) provides the procedures for the conduct of traffic in regards to ramp meters. Also provides that a violation of these procedures is considered an infraction with no points or insurance surcharges being assessed. Effective for offenses committed on or after December 1, 2014.
Makes conforming changes and updates statutory references.
Summary date: May 14 2014 - View summary
Amends GS 20-183.8G, concerning administrative and judicial reviews for violations of the Safety and Emissions Inspection Program, authorizing the DMV to continue a hearing for good cause (previously, DMV was required to hold a hearing within 30 days for hearings requested when the violation could result in license suspension or revocation, and 90 days for all others after receiving the hearing request).
Effective October 1, 2014.