AN ACT TO MAKE CHANGES TO THE TRANSPORTATION LAWS OF THE STATE. Enacted June 25, 2018. Effective July 1, 2018, except as otherwise provided.
Summary date: Jun 26 2018 - View summary
House committee substitute deletes all provisions of 4th edition and replaces it with AN ACT TO MAKE CHANGES TO THE TRANSPORTATION LAWS OF THE STATE. Changes short title to "DOT/DMV Legislative Requests."
Amends GS 136-19.6 to allow the Department of Transportation (DOT) to prepare a Right-of-Way Claim Report instead of an appraisal of the value of the land when the DOT estimates that the land to be acquired has a value of $40,000 or less. The owner of the land to be acquired may request that the DOT provide an appraisal for any right-of-way claim of $10,000 or more. The DOT may contract with a qualified third party to prepare a Right-of-Way Claim Report so long as the third party has a sufficient understanding of the real estate market. Makes additional clarifying changes.
Amends GS 93E-1-3 to include a person who prepares a Right-of-Way Claim Report pursuant to GS 136-19.6 in those who are not required to have a registration, license, or certificate. Makes other clarifying changes.
Amends GS 136-18.05 (establishing a DOT report program) to require the DOT to post its monthly report on the Department’s performance dashboard website (currently report is provided to four separate committees). DOT must institute annual tracking to monitor pricing variances of transportation goods used in highway maintenance and construction projects (currently DOT must institute quarterly tracking).
Repeals GS 136-12.1 (providing for a biennial report on off-premise sign regulatory program).
Amends GS 136-12.3 to require the DOT to provide a report on outsourcing and project delivery annually (currently report is required bi-annually). Reports are required by March 1 of each year.
Repeals GS 136-44.4 (providing for an annual construction program and related reporting).
Amends GS 136-12(a) to require that the annual highway and maintenance report be made to the Joint Legislative Transportation Oversight Committee March 1 of each year. The report must detail how the previous fiscal year’s funds for maintenance and construction of highways were allocated and expended. The report must include expenditures of state and federal funds and must be in sufficient detail that the county can be identified (previously required report prior to each regular session of the General Assembly).
Amends GS 18B-108 to allow for the sale of alcoholic beverages on passenger-only ferries. Malt beverages, unfortified wine, and fortified wine may be sold and delivered by any licensed retailer to an agent of the DOT for sale on passenger-only ferries (previously allowed for sale of alcoholic beverages on trains only).
Amends GS 20-302 to require the Commissioner to make dealer manuals containing rules and regulations available on the DOT website 30 days prior to the effective date of such rules and regulations (previously required the Commissioner to mail a copy of the dealer manual to each motor vehicle dealer licensee).
Amends GS 20-37.13 to add new subsection (c3) allowing the Division of Motor Vehicles (DMV) to waive the knowledge and skills test for qualified military applicants when the applicant has a military license to operate a vehicle of representative class and endorsements. The applicant must provide evidence that: (1) the applicant is a current or former member of an active or reserve component of the Armed Forces and holds a military vehicle license eligible for waiver as allowed by the Federal Motor Carrier Safety Administration, (2) the applicant is or was regularly employed in a military position requiring operation of a vehicle representative of the license being sought, and (3) the applicant meets the qualifications listed in subdivision (2) of subsection (c1) of this section (requiring that the applicant has not, in the two years preceding the date of the application, had their license suspended or had any criminal convictions for motor vehicle offenses). Effective October 1, 2018.
Amends GS 20-7(e) to allow for release of a certificate signed by a medical authority regarding a driver’s ability to drive despite a disability or disease subject to GS 20-9(g)(4)h (making records and evidence collected by the DMV confidential and available to the public only upon court order).
Amends GS 20-9(g)(4)h to allow the DMV to release otherwise confidential records and evidence pertaining to drivers to any other state or federal government agency for the purposes of determining an individual’s ability to safely operate a commercial vehicle.
Amends GS 20-27.13A(a) to make conforming changes.
Enacts a new subsubsection to GS 20-79.4(b), creating an "Order of the Eastern Star Prince Hall Affiliated" registration plate. Establishes a special plate fee of $20 and requires $10 of that amount be transferred quarterly to The Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of North Carolina and Jurisdiction, Inc. Authorizes the Revisor of Statutes to reorganize the special registration plates listed in GS 20-79.4(b). Requires that if House Bill 223, 2017 Regular Session, becomes law, then Section 3.5 of that act is repealed. Effective February 1, 2019.
Reenacts GS 20-63(b1)(47) and GS 20-79.4(b)(g) as they existed immediately before their expiration to authorize the Division of Motor Vehicles (Division) to produce and issue an Alpha Phi Alpha Fraternity special registration plate. Reenacts and modifies the expired provisions regarding the Alpha Phi Alpha Fraternity special registration plate set out in subsections (a1) and (b) of GS 20-79.7 and subsection (b39) of GS 20-81.12, establishing a special plate fee of $30 and requiring that $20 of that amount be transferred quarterly to the Education Consortium of North Carolina Inc. for the benefit of scholarships for students attending accredited colleges and universities (previously, to the Association of North Carolina Alphamen Educational Foundation for scholarships for the benefit of African American males in the Association attending accredited North Carolina colleges and universities). Further amends GS 20-81.12(b39), as reenacted, eliminating the requirement that the Division must receive at least 300 applications for the special plate before it can be developed. Effective February 1, 2019.
Amends GS 20-79.7, increasing the special registration plate fee for the Wildlife Resources plate from $20 to $30, and requiring that $20 instead of $10 of that amount be transferred quarterly to the Wildlife Conservation Account as specified in GS 20-81.12(b3).
Further amends GS 20-79.7, setting the special registration plate fee for the International Association of Fire Fighters special registration at $20, and requiring that $10 of that amount be transferred quarterly to the Professional Firefighters of North Carolina Charitable Fund in accordance with GS 20-81.12. Makes conforming changes.
Amends GS 20-81.12 to exempt the Order of the Long Leaf Pine license plate from the required minimum number of plate applications.
Modifies GS 20-37.16, which exempts from the commercial drivers license (CDL) requirements certain classes of vehicles. Provides an exemption from the CDL requirements for any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute governmental functions (previously, to execute emergency governmental functions). Specifies that governmental functions include, but are not limited to, necessary maintenance, training, or required operation for official business of the department.
Repeals GS 20-190.2, which required the Department of Transportation to erect signs on highways entering the state that indicate highways are patrolled by unmarked police vehicles.
Amends GS 20-58.4(e1), allowing an affidavit by the owner that the security interest has been satisfied, by defining owner, for purposes of (e1), as the owner of the manufactured home and the owner of real property on which the manufactured home is affixed or a title insurance company as insurer of an insured owner of real property.
Amends GS 20-58.3A by providing that the Division of Motor Vehicles is not subject to a claim under Article 31 of GS Chapter 143 related to the failure to acknowledge or give effect to an expired perfection of a security interest on a certificate of title for a manufactured home if the claim is based on reliance by the Division on any application for renewal submitted to the Division by a third party or based on the automatic expiration of a perfection of a security interest. Effective October 1, 2018.
Amends GS 153A-357(e) and GS 160A-417(d), deleting requirement for a certificate of title when determining whether to exclude the purchase price of a manufactured home in determining whether the cost of the work is $30,000 or more for purposes of improvement permit issuance.
Amends GS 20-118 by adding that a vehicle or vehicle combination that hauls unhardened ready-mixed concrete may be weighed with weigh in motion scales, but the vehicle or combination must be weighed static.
Amends GS 20-63 by amending the required appearance of the National/State mottos license plate to allow the Division to select an image that represents the American flag (instead of requiring that the American flag be contained in the background) and removes specification on the size and color of the mottos.
This act effective July 1, 2018, except as otherwise provided.
House amendment makes the following change to 4th edition. Deletes amendment to GS 18B-108, which allowed for the sale of alcoholic beverages on passenger-only ferries, and allowed for the delivery of alcoholic beverages to the Department of Transportation to be sold on ferries.
Summary date: Apr 25 2017 - View summary
Senate committee substitute makes the following change to the 2nd edition.
Amends proposed GS 64-54 to make local governments that do not comply with a State law related to immigration ineligible for distributions under the currently-listed statutes for a twelve-month period beginning as soon as practicable after the date the Department of Transportation, State Controller, and Secretary of Revenue are notified of noncompliance (was, ineligible for the fiscal year following the first date of noncompliance). Makes a conforming change to the extended period of ineligibility.
Amends proposed GS 64-56 to require the Attorney General to notify entities listed in GS 64-54(a)(3) of an unsuccessful appeal, and the Office of State Budget and Management to notify the Department of Transportation and the State Controller. The period of ineligibility begins as soon as practicable after the Department of Transportation, the State Controller, and the Secretary of Revenue are notified.
Summary date: Apr 12 2017 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Amends proposed GS 64-54 by amending the list of statutes under which a local government determined to be non-compliant with immigration laws is ineligible to receive distribution of funds to include GS 105-187.19(b) (was, GS 105-187.16).
Summary date: Feb 28 2017 - View summary
Recodifies GS 15A-311 (Consulate documents not acceptable as identification) as GS 64-6.
Amends GS 64-6, as recodified above, deleting language in subsection (c) that previously allowed law enforcement officers to use identity documents issued or created by individuals, organizations, or local governments for the purpose of assisting in determining the identity of a person when no other such documents are available. Makes a technical change to the section's catchline.
Enacts new GS Chapter 64, Article 3, Local Government Noncompliance with State Laws Related to Immigration, setting out specific findings of the General Assembly, including that the policy objectives of the General Assembly are frustrated when cities, counties, and law enforcement agencies do not uniformly comply with State law, and that supreme power and complete discretion over State funds appropriations can be used to create additional incentives for compliance. Sets out three definitions in use for the Article, includingaffected local government,law enforcement agency, andstate law related to immigration--defined as GS 64-6(b) (prohibition on adopting policy or ordinance to accept excluded documents as valid id), GS 153A-145.5 (prohibition on adoption of sanctuary ordinances), and GS 160A-205.2(prohibition on adoption of sanctuary ordinances).
Directs the Attorney General (AG) to create a form upon which individuals can allege that a city, county, or law enforcement agency is currently not in compliance with a State law related to immigration. The form is to be made available on the AG's website and once completed the form should be sent to the AG. No Social Security number or notarization is required on the form. Anonymous statements submitted on a nonprescribed form are not prohibited from consideration, but all complaints or allegations must be made having a good faith belief.
Requires the AG to begin an investigation into the allegations of noncompliance within 45 days of receipt of filed statement, with a final determination and conclusion of the investigation within 60 days of the investigation's commencement. The AG is authorized to ask for assistance from the State Bureau of Investigation in conducting the investigation. Further directs local governments to produce records or documents related to the investigation within 10 business days of request by the AG. Provides that statements, records, reports, and other investigative documents are confidential and not public records until the investigation is complete or 60 days have elapsed since the investigation was commenced. Authorizes local governments to request that confidential documents be made public.
Sets out consequences of a determination that an affected local government is not in compliance with State law related to immigration. The five consequences include ineligibility for specified state distributions for a fiscal year and that the AG will notify the affected local governments, the chairs of the Appropriations Committees of the Senate and House of Representatives, the chairs of the Joint Legislative Commission on Governmental Operations, the Office of State Budget and Management, and the Secretary of Revenue of the non-compliance determination and of the duration of the period of ineligibility to receive funds. Also includes provisions detailing consequences of the AG receiving notification of noncompliance with E-verify, which include all of the above consequences. Sets out specific entities to which the consequences of noncompliance with E-Verify regulations apply. No enactment must be construed as an exception to the statute unless it specifically mentions this section.
Sets out procedures and administrative guidelines for the AG, including reporting requirements. Requires the AG to maintain a database of those entities ineligible for funds and to report to the Joint Legislative Commission on Governmental Operations on a quarterly basis concerning the numbers of statements, investigations, consequences rendered, and the names of those entities found not to be in compliance. Further states that the AG's determination is only appealable to the extent required by the United States and North Carolina Constitutions, and delays the imposition of consequences for noncompliance while the appeal is pursued. Consequences last for the same length of time after an unsuccessful appeal as they would had no appeal been made, regardless of which fiscal years the consequences would occur in. Authorizes the AG to designate an official to carry out the duties of this regulation, and that the AG must promulgate rules needed to implement this Article.
Provides for a private enforcement action against entities that are not in compliance with State law concerning immigration, in the Superior Court of Wake County; an individual can seek relief in the form of declaratory and injunctive relief. Allows prevailing parties to receive attorneys' fees and court costs.
Amends GS 64-33.1, concerning noncompliance with E-Verify requirements, adding a new subsection (b) that requires the Commissioner of Labor to immediately notify the AG if a political subdivision of the State has violated the E-Verify requirements. The Commissioner of Labor must also notify the AG within 60 days of the violation if the political subdivision has not yet demonstrated compliance with E-Verify.
Directs the AG's office to notify local governments of the provisions of this act so steps to be in compliance can be taken.
Amends GS 136-41.1 (State distributed funds for roads of cities/towns), adding language that prohibits cities/towns from receiving their respective funds if they are ineligible due to noncompliance with state laws related to immigration.
Amends GS 105-113.82 (distribution of taxes on malt beverage and wine), GS 105-164.44F(a) (distribution of taxes on telecommunications services), GS 105-164.44I(a) (distribution of taxes on telecommunications services), GS 105-164.44L(a) (distribution of taxes on natural gas), and GS 105-187.19(b) (distribution of net tax proceeds)to reflect eligibility contingent upon compliance with new GS Chapter 64, Article 3.
The above provisions are effective August 1, 2017.
Amends GS 153A-145.5 and GS 160-205.2 to state that a county or city in violation of those statutes has waived its governmental immunity to suit.
Enacts new GS 153A-435.1 and GS 160A-485.1, waiving county and city immunity from tort liability if not compliant with GS 153A-145.5 and GS 160-205.2, and an unauthorized alien commits a crime against a person or property within the county or city, even if the county or city has not purchased insurance.
Enacts new GS 116-40.13, prohibiting constituent institutions of the University of North Carolina System from having policies that limit or restrict the enforcement of federal immigration law. Prohibits constituent institutions from prohibiting the gathering or communication of information regarding citizenship or immigration status by law enforcement. Directs the President to commence an investigation within 45 days of a report that a constituent institution is in violation of GS 116-40.13, and to make a determination within 60 days of commencement, and to notify the Board of Governors if a constituent institution is in violation. Directs the Board of Governors to immediately revoke special responsibility status from a violating constituent institution, as determined and reported by the President, for the current fiscal year. Directs the Board of Governors to extend the revocation for an additional fiscal year if the constituent institution fails to demonstrate to the Presidentäó»s satisfaction that it is in compliance with GS 116-40.13.
Directs the Secretary of the Department of Public Safety to enter into a memorandum of Agreement with the Director of US Immigration and Customs Enforcement to permit designated State law enforcement officers to perform immigration law enforcement functions.
Unless otherwise indicated, effective when the act becomes law.