CLARIFY DOT TOLL ENFRCMNT/COLLECTN./CONTRACT.

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View NCGA Bill Details2013-2014 Session
House Bill 732 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO CLARIFY DEPARTMENT OF TRANSPORTATION TOLL CONTRACTING, COLLECTION, AND ENFORCEMENT.
Intro. by W. Brawley, Iler, Torbett, Shepard.

Status: Ref To Com On Transportation (House Action) (Apr 11 2013)

Bill History:

H 732

Bill Summaries:

  • Summary date: Apr 11 2013 - View Summary

    Amends GS 136-18(Powers of Department of Transportation), providing that the Department of Transportation (Department) can enter intoup to five agreementswith a private entity, as provided under subdivision (39) of this section,providing that prior to the partnership agreement, (1) the project is included in the current State Transportation Improvement Plan, (2) the project is eligible for funding under GS 136-188, and (3) the project is ranked as one of top 30 projects based on the scoring provided in GS 136-188(previously, Department could only enter into an agreement for a pilot project that was a candidate for funding under the Mobility Fund and planned for construction through a public-private partnership). Provides that Article 6H (public toll roads and bridges) of GS Chapter 136 applies to the Department and to projects undertaken by the Department under subdivision (39) of this section.Allows the Department to assign its authority under Article 6H concerning tolls and fees (including retaining and enforcing them) to the private entity. Provides that issuance of private activity bonds andany relatedactions is governed by the State and Local Government Revenue Bond Act, Article 5 of GS Chapter 159, with GS 159-88 satisfied by adherence to the requirements of subdivision (39a)(was, subdivisions (39) and 39a).

    Amends GS 136-89.183 to include retaining and enforcing tolls and fees among the necessary powers granted to the North Carolina Turnpike Authority (Authority)to execute the provisionsof Article 6H, GS Chapter 136.

    Amends GS 136-89.188 to expand the list of permitted uses of revenues derived from the turnpike projects and provides for the use of excess toll revenues with respect to a turnpike project. Defines excess toll revenuesas meaning those toll revenues derived from a Turnpike Authority that are not otherwise used or allocated to the Authority or a private entity.

    Enacts new GS 136-89.199 allowing the designation of high occupancy toll or other managed lanes.

    Adds a new subsection (c) to GS 136-89.212 to provide that if a person establishes that a motor vehicle was in the custody, care, and control of another person under subsection (b) of this section, then the other person is responsible for paying the toll and may be billed by theAuthority.

    Makes additional changes to GS 89-136.213 regarding the administration of tolls, allowing the Authority to assign its authority to fix, revise, charge, retain, enforce, and collect tolls and fees under this article to a private entity that has entered into a partnership agreement with the Authority under GS 136-89.183(a)(17).

    Provides criteria for accepting payment for a turnpike project that uses an open road tolling system and billing a motorist for an unpaid open road toll. Provides that the bill must be sent to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under GS 136-89.212(b).

    Amends GS 135-89.215 to limit the processing fee for each unpaid toll bill to $6 for each unpaid bill(was, limited amount to no more than $48 in processing fees in a 12-month period).