LICENSE TO WORK.

View NCGA Bill Details2021
Senate Bill 490 (Public) Filed Thursday, April 1, 2021
AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS TO EMPLOYMENT.
Intro. by Hise, Britt, Mohammed.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Aug 23 2021)

SOG comments (1):

Identical bill

Identical to H 570, filed 4/14/21.

Bill History:

S 490

Bill Summaries:

  • Summary date: Aug 19 2021 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Revises new subsection (h) of GS 20-24.1, which allows petitioning the court to order a penalty, fine, or costs that have resulted in a license revocation for at least 12 months be made a civil judgement (excluding those related to impaired driving convictions) if the person has no traffic convictions in the prior 12 months. Replaces the provisions to instead allow petitioning the court to order the DMV to lift the revocation on the condition that the person pay a minimum of $10 monthly towards the judgment which resulted in revocation to the clerk of superior court where the judgment was entered until paid in full. Requires the court to grant the petition if the person can show that they have had no traffic convictions in the prior 12 months. Directs the clerk to notify the Division of Motor Vehicles (DMV) if the person fails to make the minimum payment for a period of 60 days, whereby the DMV is required to revoke the person's license. Makes conforming and clarifying changes to subsections (a) and (b).

    Revises the proposed changes to GS 20-7(i1) regarding restoration fees. Now authorizes the DMV to allow the person to pay restoration fees and other service fees on a sliding scale adjusted to reflect the person's ability to pay on a finding by the Commissioner of Motor Vehicles that the license holder has shown good cause for not being able to pay the full amount (previously, authorized full waiver upon finding the license holder has shown good cause for not being able to pay the fine). 

    Revises the proposed changes to the additional periods of revocation set forth in subsection (b) of GS 20-28.1 following conviction of a moving offense committed while driving during a period of suspension or revocation of a license. Now provides for no additional period of revocation for a first offense under the statute only if the offense which resulted in the underlying revocation has been resolved or the person is complying with a payment plan ordered by the court to satisfy any outstanding penalty, fine, or costs related to the offense that resulted in the underlying revocation. 

    Corrects a statutory cross-reference in new subsection (a4) of GS 20-28, which makes it a Class 1 misdemeanor for a person to operate a motor vehicle upon a highway without maintaining financial responsibility required by state law after the DMV has restored a license revoked for failure to appear pursuant to new subsection (g) of GS 20-24.1 (previously, referenced new subsection (h)). Additionally adds a new statutory cross-reference to GS 20-28.1(c), as amended, which provides for financial responsibility requirements for persons seeking a license following revocation for certain time periods as specified. 

    Adds a new section to the act directing the Administrative Office of the Courts (AOC) to adopt rules to implement the act and adopt automation that properly reflects the lifting of a revocation pursuant to the act. 


  • Summary date: May 11 2021 - More information

    Senate amendment makes the following changes to the 2nd edition. Reinstates deleted GS 20-24.1(f), which allows application to a court for a limited driving privilege valid for up to one year for licenses revoked due to failure to pay court-ordered fines, penalties, or other court costs for motor vehicle offenses.


  • Summary date: May 6 2021 - More information

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

    Revises new GS 20-24.1(g) to require the Division of Motor Vehicles (Division) to lift a revocation for failure to appear for a motor vehicle offense pursuant to subdivision (a)(1) 12 months after the effective date of revocation if the person furnishes proof to the satisfaction of the Division that the person is maintaining financial responsibility pursuant to state law (previously directed to restore a license 12 months after the effective date of revocation pursuant to subsection (a) for either failing to appear at trial or a hearing or to pay court-ordered fines, penalties or other court costs for motor vehicle offenses, if the person furnishes satisfactory proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months). Maintains the exclusion of revocation orders entered resulting from a charge of impaired driving. Adds a new provision establishing that any person whose drivers license was encumbered pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility is guilty of failure to maintain financial responsibility under GS 20-313 and driving while licensed revoked under GS 20-28(a4), as enacted. Adds a new subsection (h) providing the right to petition the court to order any penalty, fine, or costs which have resulted in revocation pursuant to subdivision (a)(2) for at least 12 months from the revocation's effective date which are not related to a conviction for an offense involving impaired driving be made by civil judgement. Requires a court to grant the petition upon proof by the person of no traffic offense conviction in the 12 months prior to the petition. Makes further clarifying changes. Makes language gender neutral.

    Changes the effective date of the proposed changes to GS 20-24.1 and GS 20-7 to December 1, 2021 (was, effective on the date the act becomes law).

    Further amends GS 20-28.1, regarding conviction of a moving offense committed while driving during a period of suspension of revocation, to specify that operating a motor vehicle without financial responsibility in violation of GS 20-313 is a "motor vehicle moving offense" under the statute. Revises the proposed additions to subsection (c) to now add that a person that applies for a license following revocation under the statute must furnish satisfactory proof to the satisfaction of the Division that the person is maintaining financial responsibility pursuant to state law (was, proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months). Adds a new provision establishing that any person whose drivers license was encumbered pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility is guilty of failure to maintain financial responsibility under GS 20-313 and driving while licensed revoked under GS 20-28(a4), as enacted.

    Adds the following new content. 

    Amends GS 20-28, enacting new subsection (a4), making it a Class 1 misdemeanor for a person to operate a motor vehicle upon a highway without maintaining financial responsibility as provided by law after the Division has restored the license pursuant to GS 20-24.1(h), as enacted, in addition to the penalty for violating GS 20-313 (a Class 3 misdemeanor). Applies to offenses committed on or after December 1, 2021.

    Directs the Division to adopt implementing rules and provide a designation for the new offense of Driving After Restoration Without Insurance in the digital platform used by law enforcement.

    Revises the effective date of SL 2015-186, as amended, which amends specified GS Chapter 20 sections to make certain driving while license revoked offenses that do not include revocations for impaired driving non-moving traffic offenses, making the act also applicable to offenses committed before December 1, 2015 (was, on or after that date).


  • Summary date: Apr 1 2021 - More information

    Enacts GS 20-24.1(g) to require the Division of Motor Vehicles (Division) to restore a license 12 months after the effective date of revocation pursuant to subsection (a) for either failing to appear at trial or a hearing or to pay court-ordered fines, penalties or other court costs for motor vehicle offenses, if the person furnishes satisfactory proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months; excludes revocation orders entered resulting from a charge of impaired driving. Repeals existing subsection (f), which permits application to a court for a limited driving privilege valid for up to one year for licenses revoked due to failure to pay court-ordered fines, penalties, or other court costs for motor vehicle offenses. Makes conforming and clarifying changes. Makes language gender neutral.

    Adds to GS 20-7 to authorize the Division to waive license restoration fees and other service fees if the Commissioner of Motor Vehicles finds that the license holder has shown good cause for not being able to pay the fine. 

    Revises the additional period of revocation mandated under GS 20-28.1 after conviction of any motor vehicle moving offense committed while the person's driving privilege was suspended or revoked. Now provides for no additional period of revocation for a first offense under the statute, an addition period of revocation of one year for a second offense under the statute, and an additional revocation period of two years for a third and subsequent offense under the statute, unless the offense was committed while the driving privilege was revoked or suspended for impaired driving, then the revocation is permanent (current law provides for one year revocation for the first offense, two years for the second offense, and permanent revocation for a third or subsequent offense). Adds that a person that applies for a license following revocation under the statute must furnish satisfactory proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months. Applies to offenses committed on or after December 1, 2021. 


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