DRIVER ELIGIBILITY CERT. WAIVER & RESTORE. (NEW)

View NCGA Bill Details2021
House Bill 359 (Public) Filed Monday, March 22, 2021
AN ACT TO TEMPORARILY WAIVE CERTAIN REQUIREMENTS THAT RELATE TO DRIVING ELIGIBILITY CERTIFICATES AND TO RESTORE CERTAIN PERMITS AND PROVISIONAL LICENSES REVOKED DUE TO CERTIFICATE INELIGIBILITY.
Intro. by Winslow, Moffitt, Torbett, Elmore.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 12 2021)

SOG comments (2):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT REQUIRING THE DIVISION OF MOTOR VEHICLES, FOR THE 2020-2021 AND 2021-2022 SCHOOL YEARS, TO WAIVE THE REQUIREMENT THAT AN APPLICANT FOR A LIMITED LEARNER'S PERMIT OR PROVISIONAL LICENSE MUST HAVE A DRIVING ELIGIBILITY CERTIFICATE OR A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.

Long title change

 

House committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO TEMPORARILY WAIVE REQUIREMENTS THAT RELATE TO DRIVING ELIGIBILITY CERTIFICATES AND TO RESTORE CERTAIN PERMITS AND PROVISIONAL LICENSES REVOKED DUE TO CERTIFICATE INELIGIBILITY.

H 359

Bill Summaries:

  • Summary date: May 11 2021 - More information

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

    Deletes the content of the act with the exception of Section 3 concerning the restoration of a permit or license that was revoked due to ineligibility for a driving eligibility certificate. Provides that changes in this section apply to revocations resulting from notifications of ineligibility received by the Division of Motor Vehicles (DMV) dated on or after March 1, 2020, through the section's effective date (was, applicable to revocations resulting from notifications of ineligibility received by the Division dated on or after the first day of the 2020-21 school year through the effective date of this section). Makes conforming organizational changes. 

    Adds the following. Requires a person required to sign a driving eligibility certificate to issue the certificate without requiring the person to whom it is issued to be making progress toward obtaining a high school diploma or its equivalent, and no school authority shall notify the DMV that a person no longer meets the requirements for a driving eligibility certificate because the person is not making progress toward obtaining a high school diploma or its equivalent. Expires June 30, 2022. 

    Amends the act's long title.


  • Summary date: Apr 28 2021 - More information

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

    Revises and adds to the act as follows. 

    More specifically requires the Division of Motor Vehicles (DMV) to waive the requirement that an applicant for a limited learner's permit or provisional license have a driving eligibility certificate or a high school diploma or its equivalent, so long as the applicant meets all other requirements for the limited learner's permit or provisional license, notwithstanding the provisions of GS 20-11(b), (d), (f), (h), and (n) (previously referenced the entire statute). Now provides for the expiration of the directed waiver on the last day of the 2021-22 school year (previously provided for the waiver for the 2020-21 and 2021-22 school years). Adds that a person holding a permit or license obtained with a waiver on the date of directed waiver provision's expiration is not required to have a driving eligibility certificate for continued validity until its expiration or the person's application for the next applicable level of provisional license. 

    More specifically waives the requirement that a proper school authority provide notifications to the DMV that a person no longer meets the eligibility or conditions for a driving eligibility certificate under GS 20-11(n) for the 2020-21 and 2021-22 school year, notwithstanding the following requirements: GS 115C-12(28) (concerning the State Board of Education's duty to develop rules for the issuance of driving eligibility certificates), GS 115C-218.70 (concerning the duties of a designee of a charter school's board of directors for driving eligibility certificates), GS 115C-288(k) (requiring school principals to sign driving eligibility certificates and to notify the DMV), GS 115C-566 (concerning nonpublic school duties related to driving eligibility certificates), and GS 115D-5(a3) (concerning the State Board of Community Colleges' duties related to driving eligibility certificates) (previously, waived the requirements of the identified provisions for the same school years).

    Adds that, notwithstanding the provisions of GS 20-13.2(c1), the DMV is prohibited from revoking a permit or provisional license of a person upon receipt of notification for the proper authority that the person no longer meets the requirements for a driving eligibility certificate under GS 20-11(n)(11); expires on the last day of the 2021-22 school year. 

    Directs the DMV to restore the permit or license if revoked under GS 20-13.1(c1) due to ineligibility for a driving eligibility certificate under GS 20-11(n) at no charge, and expunge any record of revocation from the person's driving record. Applies to revocations resulting from notifications of ineligibility received by the DMV dated on or after the first day of the 2021-22 school year through the date the act becomes law. 

    Changes the act's titles. 


  • Summary date: Mar 22 2021 - More information

    Requires the Division of Motor Vehicles (DMV), for the 2020-21 and 2021-22 school years, to waive the requirement that an applicant for a limited learner's permit or provisional license have a driving eligibility certificate or a high school diploma or its equivalent, so long as the applicant meets all other requirements for the limited learner's permit or provisional license. Waives the following requirements for the 2020-21 and 2021-22 school years: GS 115C-12(28) (concerning the State Board of Education's duty to develop rules for the issuance of driving eligibility certificates), GS 115C-218.70 (concerning the duties of a designee of a charter school's board of directors for driving eligibility certificates), GS 115C-288(k) (requiring school principals to sign driving eligibility certificates and to notify the DMV), GS 115C-566 (concerning nonpublic school duties related to driving eligibility certificates), and GS 115D-5(a3) (concerning the State Board of Community Colleges' duties related to driving eligibility certificates). 


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