REESTABLISH NC AS THE "GOOD ROADS STATE".

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View NCGA Bill Details2015-2016 Session
House Bill 927 (Public) Filed Thursday, April 16, 2015
AN ACT TO MODIFY THE COMPUTATION OF THE MOTOR FUEL EXCISE TAX RATE; TO ELIMINATE THE DISCOUNT FOR TIMELY PAYMENT OF MOTOR FUELS TAXES BY LICENSED DISTRIBUTORS, IMPORTERS, AND SUPPLIERS; TO MODIFY THE HIGHWAY USE TAX RATE; TO PHASE OUT THE TRANSFER OF FUNDS FROM THE HIGHWAY FUND TO THE GENERAL FUND; TO MODIFY THE AMOUNT OF FEES CHARGED BY THE DIVISION OF MOTOR VEHICLES; TO ESTABLISH A SUPPLEMENTAL TAX ON THE GROSS PREMIUMS FROM MOTOR VEHICLE INSURANCE CONTRACTS; TO TRANSFER CERTAIN FUNDS FROM THE HIGHWAY TRUST FUND TO THE HIGHWAY FUND; TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH THE "DOT REPORT" PROGRAM; TO APPROPRIATE FUNDS FOR CERTAIN PURPOSES; AND TO MAKE VARIOUS CONFORMING CHANGES.
Intro. by Torbett, Iler, Shepard, Tine.

Status: Ref to the Com on Transportation, if favorable, Finance, if favorable, Appropriations (House Action) (Apr 20 2015)
H 927

Bill Summaries:

  • Summary date: Apr 20 2015 - View Summary

    Includes various whereas clauses concerning the roads, bridges, ports, and rails of North Carolina.

    Part I. 

    Amends GS 105-449.80 to provide that beginning on July 1, 2015, the motor fuel excise tax will be a flat rate of 30 cents per gallon (previously, set tax rate at 35 cents with further reductions set to become effective at later dates).  Sets the tax as the amount for the preceding year multiplied by a percentage, beginning January 1, 2017. Makes conforming changes. Enacts new subsection (b1), which provides for an additional 1 cent increase to the tax rate if, beginning on or after January 1, 2016, there is a decrease of $100 million in the actual expenditures of federal funds to the Department of Transportation (DOT) for the reimbursement of Highway Trust Fund projects. Effective July 1, 2015. 

    Repeals GS 105-449.93, Percentage discount for licensed distributors and some licensed importers. Repeals subsections (b) and (c) of GS 105-449.97, concerning allowed discounts for suppliers. Repeals subdivision (6) of GS 105-449.96 and subdivision (12) of GS 105-449.120(a), making conforming deletions. Amends GS 105-449.99(b), 105-449.105(e), 105-449.105A(a), and 119-18(a1), making conforming changes, reflecting the repeal of GS 105-449.93 above. Repeals GS 105-449.105B, Monthly hold harmless refunds for licensed distributors and some licensed importers. 

    Unless otherwise provided above, effective for taxable years beginning on or after January 1, 2016.

    Part II.

    Amends GS 105-187.3 concerning the NC Highway Use Tax providing that the tax rate is 4% with a maximum tax of $2,000 for each certificate of title issued for specified vehicles that are either a commercial motor vehicle or recreational vehicle (previously set tax rate at 3% with a maximum tax of $1,000 for commercial vehicles and $1,500 for recreational vehicles). Enacts new subsection (a2) which provides for additional tax increases of .5% beginning on or after January 1, 2016, if there is a decrease of $200 million of federal funds to the DOT for the reimbursement of Highway Trust Fund projects. 

    Amends GS 105-187.5(b) concerning alternate taxes for those who rent or lease motor vehicles, raising the tax rate to 9% for short-term lease or rental (was 8%) and 4% for long-term lease or rental (was 3%).

    Amends GS 105-187.6(c) concerning certain exemptions from the highway use tax, providing that the maximum tax for out-of-state vehicles applying for a certificate of title that have been titled for at least 90 days in another state is $200 (was, $150). 

    Provides for a transfer of 12.2% of revenues generated from taxes levied under GS 105-187.3(a1), 105-187.5(b), and 105-187.6(c) for fiscal year 2015-16 from the Highway Trust Fund to the Highway Fund as specified. Effective July 1, 2015.

    Provides that for fiscal years 2016-17, 2017-18, and 2018-19, 25% of the revenues generated from taxes levied under GS 105-187.3(a1), 105-187.5(b) and 105-187.6(c) are to be transferred from the Highway Trust Fund to the Highway Fund as specified. Effective July 1, 2016.

    Unless otherwise stated above, effective January 1, 2016.

    Part III.

    Enacts GS 143-215.73G, Conditional funding for maintenance dredging, providing for funding transfers from the Highway Fund to the Department of Environment and Natural Resources in the amount of 20% of the actual federal expenditures for maintenance dredging during the prior federal fiscal year if specified reductions in federal expenditures occur. Sets out reporting and allocation requirements. Effective July 1, 2015.

    Part IV.

    Specifies reductions in the amount of $49,145,745.25 to be made each year to the transfers from the Highway Fund to the General Fund for the following upcoming fiscal years: 2017-18, 2018-19, 2019-20, and 2020-21; eliminates transfer of funds from the Highway Fund to the General Fund in 2020-21.

    Amends GS 105-449.125 concerning the distribution of tax revenue among various funds, deleting the Water and Air Quality Account from the accounts receiving distributions. Effective January 1, 2016. 

    Part V.

    Increases the fees for the issuance of driver's licenses and motorcycle endorsements; license restoration; learner’s permits; duplicate licenses; driver improvement clinics; copies of license records; commercial drivers licenses and endorsements; accident reports; temporary license plates; penalties for late applications for a certificate of title; fees for certificates of title; registration cards and registration plates; certificate of title one-day service; vehicle registration; the registration of property-hauling vehicles; licensing of motor vehicle dealers, manufacturers and specified representatives; and motor carriers.

    Enacts new GS 20-88.03, allowing the Division of Motor Vehicles (DMV) to charge a late fee for paying the registration fee after the registration has expired. Sets the amount of the fee depending on how late the payment is. Amends GS 105-330.10 to require interest collected on unpaid registration fees to be transferred to the North Carolina Highway Fund (was, to the North Carolina Highway Fund for DMV technology improvements).  Effective July 1, 2016, and applies to renewals of registration and licensing of passenger vehicles on or after that date.

    Requires for 2015-16 that 20% of the revenue generated from the fees in GS 20-85(a)(1) through (9) (specified fees for certificates of title, registration cards, and registration plates) after the adjustments made in this Part to be transferred from the Highway Trust Fund to the Highway Fund. Effective July 1, 2015.  Increases that amount to 35% for 2016-17, 2017-18, and 2018-19, effective July 1, 2016.

    Unless otherwise indicated, this Part is effective January 1, 2016, and applies to issuances, renewals, restorations, and requests on or after that date.

    Part VI.

    Amends GS 105-228.5 to provide that an additional .5% tax applies to the gross premiums on insurance contracts for motor vehicles, with the net proceeds of this additional tax credited to the Highway Fund. Applies to motor vehicle insurance contracts entered into or renewed on or after January 1, 2016.

    Part VII.

    Requires the DOT to establish and implement the DOT REPORT Program (Program) consisting of specified components concerning responsiveness, efficiency, performance, oversight, restructuring, and transparency. Effective when the act becomes law.

    Part VIII.

    Appropriates $3 million in nonrecurring funds for 2015-16 from the Highway Fund to the Department of Transportation to be used in specified amounts for contract resurfacing; the modernization of the seaports located in Wilmington and Morehead City and maintenance and dredging of inlets and navigation channels for maritime commerce; resurfacing of streets within municipalities; and the repair, rehabilitation, and replacement of structurally deficient bridges. Effective July 1, 2015.

    Appropriates $530 million in nonrecurring funds for 2016-17, 2017-18, and 2018-19 from the Highway Fund to the Department of Transportation to be used in specified amounts for those same purposes. Effective July 1, 2016, July 1 2017, and July 1, 2018, respectively.

    Part IX.

    Provides that Part headings in the act are for reference only.

    Unless otherwise indicated, the act is effective when it becomes law.