BIPARTISAN STATE BOARD CHANGES (NEW).

View NCGA Bill Details2017-2018 Session
House Bill 1029 (Public) Filed Tuesday, May 29, 2018
AN ACT TO REQUIRE A PRIMARY IF A NEW ELECTION IS ORDERED IN ANY ELECTION CONTEST; TO RETURN THE ADMINISTRATIVE STRUCTURE OF ELECTIONS, ETHICS, AND LOBBYING TO THE 2016 STRUCTURE AND TO MAKE OTHER CHANGES TO THE ELECTIONS, ETHICS, AND LOBBYING LAWS.
Intro. by Torbett, Iler.

Status: Ch. SL 2018-146 (House Action) (Dec 27 2018)

SOG comments (3):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MAKE CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.

Long title change

The conference report amends the act's long title. The previous title was: AN ACT TO MAKE CHANGES TO THE TRANSPORTATION LAWS OF THE STATE.

Long title change

Conference report #2 changed the long title. Previous long title was AN ACT TO RETURN THE ADMINISTRATIVE STRUCTURE OF ELECTIONS, ETHICS, AND LOBBYING TO THE 2016 STRUCTURE AND TO MAKE OTHER CHANGES TO THE ELECTIONS, ETHICS, AND LOBBYING LAWS.

Bill History:

H 1029/S.L. 2018-146

Bill Summaries:

  • Summary date: Dec 27 2018 - More information

    AN ACT TO REQUIRE A PRIMARY IF A NEW ELECTION IS ORDERED IN ANY ELECTION CONTEST; TO RETURN THE ADMINISTRATIVE STRUCTURE OF ELECTIONS, ETHICS, AND LOBBYING TO THE 2016 STRUCTURE AND TO MAKE OTHER CHANGES TO THE ELECTIONS, ETHICS, AND LOBBYING LAWS. Enacted December 27, 2018. Effective December 27, 2018, except as otherwise provided.


  • Summary date: Dec 23 2018 - More information

    The Governor vetoed the act on 12/21/18. The Governor's objections and veto message are available here: https://webservices.ncleg.net/ViewBillDocument/2017/7709/0/H1029-BD-NBC-2676.


  • Summary date: Dec 12 2018 - More information

    Rescinds from conference report #1, reported on December 11, 2018, and replaces it with conference report #2. Conference report #2 includes all of the content of conference report #1 with the following changes. 

    Amends GS 163-182.13, requiring a primary election to be conducted for any new congressional general election ordered by the State Board of Elections under subsection (a) of the statute. Requires the State Board to determine the primary date and related processes in conducting the primary. 

    Makes conforming organizational changes, renumbering parts and sections of the act. Make conforming changes to the act's long title.


  • Summary date: Dec 11 2018 - More information

    Conference report makes the following changes to the 4th edition.

    Deletes all content of the previous edition and replaces it with the following. 

    Part I

    Provides that if Senate Bill 824 (Implementation of Voter ID Constitutional Amendment) becomes law, then Part I, which requires photographic identification to vote, does not apply to any new election ordered under GS 163A-1181 in a 2018 election contest.

    Part II

    Authorizes the Revisor of Statutes to recodify GS Chapter 163A back into GS Chapters 163, 138A, and 120C, reverting the changes made under SL 2017-6 Section 3 which recodified GS Chapters 138A, 120C, and 163 as new Chapter 163A. Allows the Revisor incorporate into the chapters all amendments to those chapters that became effective on or after April 25, 2017 other than those made by SL 2017-6 (which consolidated elections, campaign finance, lobbying, and ethics under the Bipartisan State Board of Elections and Ethics Enforcement) or Part VIII of SL 2018-2 (which amended the membership of the Board).

    Repeals SL 2017-6 Sections 3-21 which established GS Chapter 163A, Elections and Ethics Enforcement Act, and made related transfers of powers and duties.

    Repeals GS 163A-2 which established the membership of the Bipartisan State Board of Elections and Ethics Enforcement.

    Amends GS 163-19, concerning the State Board of Elections (Board), which consists of five registered voters appointed by the Governor from a list of nominees from the State party chairs of the two parties with the highest number of registered affiliates, serving four year terms, with terms beginning May 1,2019. Prohibits no more than three members from being from the same political party. Includes the process for filling vacancies, administering the oath, and electing chairs and secretary. Prohibits six categories of individuals from serving on the Board, including a person who holds any office in apolitical party or organization, or is an employee of the State, community college, or a local school administrative unit. Establishes six prohibited activities by Board members, including registering as a lobbyist, or soliciting contributions for a candidate, political committee, or referendum committee.

    Sets out additional statutes concerning the compensation of Board members and powers of the Board Chair. GS 163-26 creates the Executive Director of the Board, who is to be appointed by the Board to a two-year term.

    Amends GS 163-28, as recodified, by removing the provision making the Board an independent regulatory and quasi-judicial agency.

    Recodifies GS 138A-6 which establishes the State Ethics Commission (Commission). Recodified GS 138-7 provides that the Commission consists of eight members with four appointed by the Governor, of whom no more than two can be of the same political party, and two appointed by recommendation of the Speaker of the House, neither of whom can be of the same political party, and two by recommendation of the President Pro Tempore of the Senate, neither of whom can be of the same political party. Members serve four year term beginning January 1, 2019, with terms staggered as specified. Limits removal of members to reasons of misfeasance, malfeasance, or nonfeasance with members appointed by the Governor to be removed by the Governor and members appointed upon the recommendation of the Speaker or President Pro Tempore of the Senate removed by the Governor upon the recommendation of the Speaker or President Pro Tempore. Provides for filling of vacancies, appointment of a chair by the Governor, and limits service to no more than two consecutive four year terms. Prohibits Commission members from holding or being a candidate for any other office or place of trust or profit under the US, the State, or a political subdivision of the State, holding office in any political party above the precinct level, participating in or contribute to the political campaign of any covered person or any candidate for a public office as a covered person over which the Commission would have jurisdiction or authority, or otherwise being an employee of the State, a community college, or a local school administrative unit, or serve as a member of any other State board. Disqualifies from Commission service an individual who, within the 48 months prior to appointment, has held any of the following positions with an organization that has engaged in electioneering in those 48 months: (1) director, officer, or governing board member; (2) employee; (3) registered lobbyist; (4) independent contractor; or (5) legal counsel of record.

    Recodified GS 138A-8 contains meeting and quorum requirements.

    Recodified GS 138A-9 allows for the hiring of Commission staff and locates the Commission within the Department of Administration for administrative purposes only.

    Recodified GS 138A-12(r) sets out the Commission’s subpoena authority.

    Transfers the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the ethics compliance and enforcement functions of the Bipartisan State Board of Elections and Ethics Enforcement as a Type II transfer to the State Ethics Commission as re-recodified in this act. Specifies positions that are to be transferred.

    Transfers the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the lobbying registration and lobbying enforcement functions of the Bipartisan State Board of Elections and Ethics Enforcement as a Type I transfer to the Secretary of State as re-recodified in this act. Specifies positions that are to be transferred.

    Transfers the authority, powers, duties and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting and purchasing, of the elections and campaign finance functions of the Bipartisan State Board of Elections and Ethics Enforcement as a Type II transfer to the State Board of Elections as re-recodified in this act. Specifies positions that are to be transferred.

    Gives continued validity to any previous assignment of duties of a quasi-legislative or quasi-judicial nature by the Governor or General Assembly to the agencies or functions transferred by this act. Provides that, unless specifically provided, each enumerated commission, board, or other function of State government transferred from the Bipartisan State Board of Elections and Ethics Enforcement is a continuation of the former entity for purposes of succession to all the rights, powers, duties, and obligations of the former.

    Provides that no action or proceeding pending on January 31, 2019, brought by or against the Bipartisan State Board of Elections and Ethics Enforcement is affected by this act, but the same may be prosecuted or defended in the name of the Secretary of State regarding the lobbyist registration and lobbying enforcement of the Secretary of State, the State Board of Elections, or the State Ethics Commission, as re-recodified in this act. Allows any business or other matter undertaken or commanded by any State program or office or contract transferred by this act to the former entity, pertaining to or connected with the functions, powers, obligations, and duties set forth herein, which is pending on January 31, 2019, may be conducted and completed by the former entity, as re-recodified by this act, in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the Bipartisan State Board of Elections and Ethics Enforcement.

    Specifies that the reorganization does not affect any ongoing investigation or audit and any proceeding before the Bipartisan State Board of Elections and Ethics Enforcement on January 31, 2019, is transferred to the former entity, as re-recodified by this act, on January 31, 2019. Prosecutions for offenses or violations committed before January 31, 2019, are not abated or affected by this act.

    Rules adopted by the Bipartisan State Board of Elections and Ethics Enforcement remain in effect as provided in GS 150B-21.7. Policies, procedures, and guidance remain in effect until amended or repealed, as does the list of covered boards adopted by the State Ethics Commission, and any evaluation of a statement of economic interest issued by the Bipartisan State Board of Elections and Ethics Enforcement.

    Part II becomes effective January 31, 2019.

    Part III

    Repeals GS 120C-100(a)(13), removing legislator as a defined term in the Chapter. Repeals GS 120C-215.

    Amends GS 120C-401, as recodified by the act, removing solicitors from the provisions regarding void registrations due to failure to file required reporting. Makes conforming changes.

    Repeals GS 120C-402(b)(2), GS 120C-403(b)(2) and GS 120C-404.

    Amends GS 138A-12(b), as recodified by the act, regarding the institution of proceedings by the State Board of Ethics for specified ethics violations, to require the State Board to initiate proceedings in response to a signed and sworn, under oath or affirmation, complaint of any registered voter (previously, in response to a signed and sworn complaint of any individual) filed with the State Board, upon its own motion, or upon written request of any public servant as or those responsible for hiring, supervising or appointing a public servant.

    Amends GS 163-278.22, concerning the investigatory duties of the State Board regarding campaign contributions and expenditures. Requires that all investigations be confidential and prohibits an investigation from being initiated more than four years from the earliest of: (1) when the facts of the violation are known to the State or county board with jurisdiction, (2) when the facts of the violation can be determined from the public record, or (3) when the complainant knew or should have known of the conduct upon which the complaint is based. Makes changes to adopt similar language to that of GS 138A-12(b), as amended above, to require the State Board to initiate an investigation upon a complaint, signed and sworn under oath or affirmation (was, upon complaint under oath), by any registered voter.

    Amends GS 120C-103.1, concerning the institution of proceedings by the Legislative Ethics Committee, to adopt similar language to that of GS 138A-12(b) and GS 163-278.22, both as amended above, to require the Committee to conduct an investigation into the specified ethics violations upon receipt of a signed and sworn, under oath or affirmation, allegation of unethical conduct by a legislator from a registered voter (was, upon receipt of a signed and sworn allegation of unethical conduct by a legislator), upon its own motion, or upon receipt of a referral complaint from the State Board.

    Amends GS 163-30, expanding county boards of elections from three to five members, with four appointed by the State Board of Elections and one appointed by the Governor (previously, all appointed by the State Board). Prohibits more than two State Board appointed members from belonging to the same political party. Provides for appointment and staggered terms. Makes conforming, organizational, clarifying and technical changes. Makes conforming changes to GS 163-31, concerning county board of elections meetings. Makes language gender neutral in both statutes.

    Amends GS 163-278.34(f), as recodified by the act, which requires the State Board to notify and consult with the appropriate district attorney concerning violations before assessing a civil penalty or imposing a civil remedy under the statute. Instead, makes changes to eliminate the notification and consultation requirement. Now permits an appeal of a State Board decision under the statute in accordance with Article 3 of GS 150B (Administrative Hearings under the APA), after assessment of a civil penalty or imposition of a civil remedy under the statute.

    Repeals GS 150B-38(a)(6), GS 150B-1(c)(6) and (d)(16), which provide exemptions for certain Bipartisan State Board of Elections and Ethics Enforcement administrative rulemaking, procedures and decisions. Amends GS 150B-2(8a), removing the exception of budgets and budget policies and procedures issued by the Bipartisan State Board of Elections and Ethics Enforcement.

    Amends GS 163-82.12, as recodified by the act, regarding the State Board of Elections’s promulgation of guidelines relating to computerized voter registration. Removes the language providing that the guidelines are not to be considered rules and requiring the State Board to publish the guidelines and any changes in the NC Register, with copies available to the public upon request.

    Amends GS 163-91, which requires the State Board of Elections to adopt a complaint procedure as required by the Help America Vote Act (HAVA). Removes the exemption from the rulemaking and hearing requirements of Article 2A, 3 and 4 of GS Chapter 150B. Eliminates the specified administrative process requirements for adopting the required complaint procedure.

    Repeals GS 163-132.5B, exempting the Bipartisan State Board of Elections and Ethics Enforcement from the Administrative Procedure Act.

    Makes changes to GS 163-165.7(d), regarding the adoption of rules by the State Board concerning the handling, operation, and use of certified voting systems, eliminating their exemption from the provisions of GS Chapter 150B.

    Amends GS 163-258.30(a), removing the GS Chapter 150B exemption of rules and regulations adopted by the State Board of Elections regarding same day voter registration and absentee voting.

    Repeals GS 120C-101, as recodified by the act.

    Amends the definition of electioneering communication in GS 163-278.6(8j) to include a communication that is aired or transmitted within 30 days of election for the respective office in November general elections of even-numbered years (previously, set date for November general elections and 60 days before absentee voting in other elections).

    Amends GS 120-2.4, which requires a court order finding defects in the General Assembly’s apportionment or redistricting State legislative or congressional districts to give the General Assembly no less than two weeks to remedy the defects. Adds that if the General Assembly is scheduled to convene a legislative session within 45 days of the date of the court order, the two week period cannot be less than two weeks from the convening of that legislative session.

    Amends GS 163-231(a), regarding the procedure for absentee voting, requiring absentee voters to have the application notarized or certified by two witnesses.

    Amends GS 163-228, requiring the State Board of Elections to adopt rules for the official register from county boards of elections and the certified list of excused absentee ballots to be transmitted to the State Board. Makes organizational changes.

    Amends GS 1-267.1, modifying the districts from which the Chief Justice is to appoint superior court judges to a three judge panel to hear any challenge to apportionment or redistricting acts of the General Assembly, or challenges of facial validity of acts of the General Assembly. Effective January 1, 2019.

    Enacts new GS 138A-13.5 allowing the Commission, upon request by the Board, to offer confidential recommendations on the appropriateness of a criminal referral for campaign finance violation, with Commission using staff to conduct an investigation. Sets out time requirements for the investigation and vote. Makes a conforming change by amending GS 138A-10, as recodified, to add to the Commission’s powers, issuing confidential recommendations to the State Board of Elections on the appropriateness of a criminal referral of campaign finance violations. Makes a conforming change by amending recodified GS 163-278.22 by adding to the Board’s powers requesting and receiving confidential recommendations from the Commission on the appropriateness of a criminal referral of campaign finance violations. Makes additional conforming changes. Amends GS 163-278.27, as recodified, to require the Board to refer apparent violations under the statute (concerning violations of various provisions of GS Chapter 163 by any individual, candidate, political committee, referendum committee, treasurer, person, or media) to the Commission with must investigate and make confidential recommendations to the Board on the appropriateness of a criminal referral for those alleged violations; sets out timing requirements for the action. Requires that a copy of the Commission’s recommendations be given to the specified prosecuting authorities when the Board, after considering the Commission’s recommendation, believes that there has been a violation. Makes additional conforming changes. Effective January 31, 2019, and applies to referrals of violation make on or after that date by the Board to prosecuting authorities under GS 163-278.27.

    Part IV

    Requires the State Board of Elections to report and make recommendations on absentee ballot fraud by April 1, 2019, to the Joint Legislative Elections and Ethics Oversight Committee. Specifies items to be addressed in the report.

    Part V

    Authorizes the Revisor to change all references to the Bipartisan State Board of Elections and Ethics Enforcement to the State Board of Elections, State Ethics Commission, or Secretary of State, as appropriate, to modify statutory citations and make other appropriate organizational and corrective changes. Requires the Revisor to consult with the Bipartisan State Board of Elections and Ethics Enforcement, the State Board of Elections, the State Ethics Commission, and the Secretary of State, as appropriate, on this recodification.

    Requires appointments to the State Board of Elections, county boards of elections, and State Ethics Commission to be made as soon as possible upon enactment of this act, and provides that no further appointments are required in 2019, other than to fill vacancies. Specifies that requirements of GS 163-19(f)(5) do not apply to any member of the Bipartisan State Board of Elections and Ethics Enforcement serving on the effective date of this act who is appointed to the State Board of Elections in 2019. Requires that for appointments to the State Board of Elections and State Ethics Commission, any service on the Bipartisan State Board of Elections and Ethics Enforcement is considered service for purposes of consecutive terms.

    Requires that the term of office of the Executive Director of the State Board of Elections begin upon appointment, which must be made as soon as possible after the State Board of Elections' initial meeting, and expire in May 2021.


  • Summary date: Jun 14 2018 - More information

    Senate amendments make the following changes to 4th edition. Amendment #1 changes to whom the money from the Order of the Eastern Star Prince Hall Affiliated license plates are transferred from the Grand Chapter Order of the Eastern Star to The Most Worshipful Prince Hall Grand Lodge of Free and Accepted Masons of North Carolina and Jurisdiction, Inc. 

    Amendment #2 deletes sections 16.8.(a) to 16.8.(e) and replaces them with new terms. Allows the Governor to authorize the Department of Transportation to cancel or modify the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell Counties no later than October 15, 2018. If this occurs, requires the Governor to direct the Department of Transportation to allocate from the two sources in this subsection an amount necessary to cover costs, damages, and monetary penalties determined to be owed by the State from the cancellation, not to exceed $620 million. Requires these funds to be placed in a nonreverting account in the Highway Trust Fund. Appropriates these funds. Sets out the two sources of funds as (1) the funds programmed to be distributed under GS 136-189.11(d) for all projects from the State Transportation Improvement Program located wholly in Mecklenburg and/or Iredell County, that are included in the five-year delivery program, not subject to reprioritization, and not solely federally funded projects. Removes projects so unfunded from the State Transportation Improvement Program; and (2) 75% of the funds allocated under GS 136-41.1 and GS 136-41.2 to any municipality in Mecklenburg County and to any municipality located south of the intersection of Houston Road and I-77 in Iredell County. Forbids use of these funds for any other purpose. Effective June 30, 2018. Option for Governor to cancel the Comprehensive Agreement expires on October 15, 2018. The remainder of this section expires when all costs, damages, and penalties from the cancellation of the Comprehensive Agreement are fully paid, and any remaining funds in the nonreverting account are returned to their source. 

    Deletes Section 16.9, directing the Department of Transportation to study potential funding sources for cancellation or modification of the I-77 Comprehensive Agreement. Deletes Section 7, which amended GS 18B-108 to allow for the sale of alcoholic beverages on ferries.  


  • Summary date: Jun 13 2018 - More information

    House amendments makes the following changes to the 3rd edition, as amended.

    Amendment #3 adds a new section amending 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 agent of or on behalf 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.

    Amendment #4 adds a new section amending 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.

    Amendment #6 makes technical corrections to changes made by Amendment #1.


  • Summary date: Jun 12 2018 - More information

    House amendments make the following changes to the 3rd edition.

    Amendment #1 adds a section to the bill that provides as follows. Requires the Director of the Budget to allocate no more than a cumulative total of $300 million from any credit balances in the Highway Fund and the Highway Trust Fund to a nonreverting account in the Highway trust Fund to pay only for any costs, damages, or monetary penalties owed by the State from the cancellation or modification of the Comprehensive Agreement (meaning the Comprehensive Agreement for the I-77 HOT Lanes project in Mecklenburg and Iredell counties, dated as of June 26, 2014, including any amendments to the agreement), and allocates funds for that purpose. Requires any funds expended from the account to be repaid by toll revenues collected on I-77 for a period of ten years. If there is still an amount to be repaid after that time, allows the Department of Transportation to fully repay the amount from the Highway Fund Maintenance Funds allocation to Mecklenburg County and by reducing the allocation made to Division 10. Requires that the account be fully repaid no later than twenty years after the payment from the cancellation or modification of the Comprehensive Agreement. Effective June 20, 2018. Requires any unexpended or unencumbered funds from the account to be returned to the source upon the earlier of (1) the payment of all costs, damages, and monetary penalties determined to be owed by the State from the cancellation or modification of the Comprehensive Agreement or (2) July 1, 2023.

    Amendment #2 adds a section to the bill that requires the Department of Transportation to study and identify all potential and existing funding sources to pay for any costs, damages, or monetary penalties determined to be owed by the State from the cancellation or modification of the Comprehensive Agreement, or a change in scope of the project covered by the agreement. Requires a report to the Joint Legislative Transportation Oversight Committee by October 1, 2018. 


  • Summary date: Jun 7 2018 - More information

    House committee substitute makes the following changes to the 2nd edition. 

    Adds the following provisions.

    Amends GS 20-81.12 to exempt the Order of the Long Leaf Pine license plate from the required minimum number of plate applications.

    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.


  • Summary date: Jun 5 2018 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the act's long title.

    Adds new Part III providing the following.

    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 adds new subsection to GS 20-81.12 requiring $10 of that amount be transferred quarterly to the Grand Chapter Order of the Eastern Star, PHA. Authorizes the Revisor of Statutes to reorganize the special registration plates listed in GS 20-79.4(b). 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. (previously, to the Association of North Carolina Alphamen Educational Foundation) for scholarships for the benefit of African American males 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.

    Further 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. 

    Adds new Part IV providing the following. 

    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. 

    Makes conforming changes to renumber Parts of the act. 


  • Summary date: May 29 2018 - More information

    Identical to S 744, filed 5/24/18.

    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.

    Effective July 1, 2018, unless otherwise provided.


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