Bill Summary for H 165 (2021-2022)

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Summary date: 

Feb 25 2021

Bill Information:

View NCGA Bill Details2021
House Bill 165 (Public) Filed Thursday, February 25, 2021
Intro. by B. Jones, Iler, Shepard.

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Bill summary

Part I

Amends GS 136-18 to permit the Department of Transportation (DOT) to authorize the Turnpike Authority and the Division of Motor Vehicles (DMV) to enter into up to three agreements each with a private entity to finance transportation infrastructure in the State (currently authorizes DOT or the Turnpike Authority to enter into up to three agreements).

Repeals Section 1.4(a) of SL 2019-251, which caps DOT payments for damages arising from DOT's recordation of a transportation corridor map under Article 2E of GS Chapter 136 (Map Act) at $150 million annually, excluding Turnpike projects.

Expands GS 136-18(2) to authorize DOT to enter into an encroachment agreement for the placement of automatic license plate readers in existing rights-of-way of DOT at the request of a State or local law enforcement agency. Specifies that DOT is not required to purchase additional right-of-way for this purpose or to enter into agreements where the integrity of the infrastructure or public safety will be impacted.

Amends GS 143B-350(f), concerning the Board of Transportation (BOT)'s duty to approve a schedule of State highway maintenance projects and their anticipated cost. Requires annual publishing of the schedule on DOT's website by June 1, rather than April 1, and no longer requires inclusion of a list of changes and reasons for the changes made from the previous year's Highway Maintenance Improvement Program.

Amends GS 136-44.3A, which governs the Highway Maintenance Improvement Program. Replaces the definition given for the term Highway Maintenance Improvement Program Needs Assessment to now define the term to mean a report of the amount of funds needed and quantity of work to be accomplished to meet and sustain the performance standards for the State highway system in each of the maintenance program categories (currently included the amount of funds needed, the number of affected lane miles, and the percentage of the primary and secondary system roads that are rated to need a resurfacing or pavement preservation treatment within the Program's five-year time period but are not programmed due to funding constraints). Eliminates the following defined terms: cape seal treatment, chip seal treatment, microsurfacing treatment, and slurry seal treatment. Amends the procedure set out in subsection (c) to require the Chief Engineer to establish the annual cost to meet and sustain the performance standards for pavement, bridge, and general maintenance activities for the State highway system after the annual inspection of roads. No longer requires each highway division to determine and report to the Chief Engineer on the needs and projected changes to pavement condition for each year over a five year period for the Chief Engineer to establish a five year priority list for each highway division based on need. Regarding the five year improvement schedule, requires Division Engineers for each highway division to report to the Chief Engineer the schedule for pavement, bridge, and general maintenance activities (currently the Chief Engineer establishes the schedule for rehabilitation, resurfacing, and pavement preservation treatment activities). Changes the date DOT must annually report to the NCGA by from April 1 to June 1 on the Highway Maintenance Improvement Program and Highway Improvement Program Needs Assessment.

Enacts GS 143-64.24(9) to authorize the NC State Ports Authority to contract for consulting services after approval by the Board of the NC State Ports Authority. 

Part II

Amends GS 20-309.2 to require all insurers to electronically submit required notices of action on insurance polices (currently only required of insurers with $25 million or more annual vehicle insurance premium volume).

Enacts GS 20-4.04 to allow the Commissioner of Motor Vehicles (Commissioner) to authorize the online renewal of any DMV-issued credential not already authorized by statute, including licenses, permits, certificates, registration, or plate. Requires DMV to report to the specified NCGA committee and division within 30 days of establishing online renewal capability for any credential authorized by the statute.

Amends Section 3.20 of SL 2020-97, which authorizes state agencies to delay fees, fines, renewals, and education requirements at the agency's discretion due to impacts of the coronavirus, and adopt emergency rules implementing the delay, and sunsets the authority at the earlier of 30 days of the Governor rescinding Executive Order No. 116 (2020) or March 31, 2021. Adds a new provision to extend the DMV's authority to adopt emergency rules under Section 3.20, to now expire the earlier of 30 days after Executive Order No. 116 is rescinded or September 30, 2021.

Amends GS 20-37.6 to require the DMV to offer renewal of handicapped credentials in person and online on the DMV's website.

Amends GS 20-79.1A, concerning limited registration plates for persons who apply to or through a licensed dealer for a title and registration plate, pays the applicable fees, but does not submit municipal property taxes on the vehicle. Adds a new requirement for the dealer to notify the purchaser of any outstanding civil penalties, fees, tolls, and obligations owed of record and known by the dealer at the time the dealer applies for the title and registration plate for the vehicle. 

Amends GS 20-37.14A to require the DMV to permanently bar, as specified, from operating a commercial vehicle a person who uses a commercial vehicle in committing a felony involving an act or practice described in the specified federal law regarding human trafficking. Makes conforming changes to the statute's caption.

Amends GS 20-24.1 concerning revocation of licenses for failure to appear or pay fines, penalties, or court costs associated with a motor vehicle offense, to allow the person whose license is to be revoked for failure to pay fines, penalties, or court costs to request a pre-deprivation hearing to determine the person's financial status before the effective date of the revocation order. Requires waiver of costs associated with the hearing and restoration of the license if the DMV declares the person indigent, with the DMV required to delete the revocation order and any related entries on the person's record, and not require payment of a restoration fee. Requires the individual to pay hearing costs and fees if the DMV determines the individual is not indigent. For the instances in which the revocation order is required to be deleted [either by determination of indigency at the pre-deprivation hearing, or satisfaction of the conditions of subsection (b)], requires the DMV to delete the order and associated entries automatically without the need for in-person transaction. Adds that for required payment of restoration fees, the DMV must accept payment online and in person, with automatic restoration of licenses once fees and applicable requirement are satisfied, without need for an in-person transaction.

Amends GS 20-16.2 to specify that a requested hearing regarding automatic license revocation for refusal to submit to a chemical analysis is to be conducted at a location designated by the DMV, rather than the county where the DWI charge was brought. Makes clarifying changes. Applies to hearings requested on or after October 1, 2021.