Bill Summary for H 165 (2021-2022)

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Summary date: 

May 5 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

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

Revises the proposed changes to GS 136-18, now authorizing the Department of Transportation (DOT) and the Turnpike Authority to enter into up to three agreements each with a private entity to finance transportation infrastructure in the State (previously permitted DOT to authorize the Turnpike Authority and the Division of Motor Vehicles (DMV) to enter into up to three agreements each; currently authorizes DOT or the Turnpike Authority to enter into up to three agreements).

Eliminates the repeal of 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. Instead, revises Section 1.4(a), changing the cap in two phases, to $300 million effective on the date the act becomes law, and to $5 million effective July 1, 2022. 

Eliminates the proposed changes to 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. 

Further amends GS 136-44.3A, which governs the Highway Maintenance Improvement Program, to define pavement preservation treatment as a roadway improvement practice that improves road quality, and extends or renews the pavement life; includes examples (was full-width surface treatments used to extend or renew the pavement life).

Deletes the content of new GS 20-4.04 and replaces it with the following. Authorizes the DMV to establish and maintain electronic systems and means for renewals of all licenses, permits, certificates, and registrations issued by the DMV for administrative efficiency and to modernize the DMV's systems and practices. Specifies that specific renewal authorizations set out in the Chapter are not superseded or modified by this provision. Directs the DMV to annually report to the specified NCGA committees and divisions any electronic system or means for renewal that has been implemented or is in the process of being implemented, as well as proposed legislative recommendations. 

Eliminates the proposed changes to Section 3.20 of SL 2020-97, which extended the authority of the DMV to adopt emergency rules implementing the authorized delay in fees and education requirements.

No longer 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, or GS 20-37.14A, requiring the DMV to permanently bar 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. Instead amends GS 20-17.4 to explicitly bar a person convicted of a major disqualifying offense, as defined by federal law, from driving a commercial motor vehicle, without the possibility of reinstatement. 

Eliminates the proposed changes to 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.

Eliminates the proposed changes to GS 20-16.2 which specified 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 technical changes.