Bill Summary for H 1029 (2017-2018)

Summary date: 

May 29 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1029 (Public) Filed Tuesday, May 29, 2018
Intro. by Torbett, Iler.

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Bill summary

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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