Bill Summary for S 201 (2021-2022)

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Summary date: 

Jun 30 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 201 (Public) Filed Monday, March 8, 2021
Intro. by Sawyer, Johnson.

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Bill summary

Conference report makes the following changes to the 4th edition.

Adds organizational headings.

Section 1

Replaces the provisions of new GS 14-164.1, which make it a Class I felony to possess a catalytic converter that has been removed from a motor vehicle with if the individual knew or should have known that the catalytic converter was unlawfully obtained. Instead enacts the following. Makes it a Class I felony to knowingly possess a catalytic converter that has been removed from a motor vehicle, unless the person in possession meets one of three exceptions, including (1) an employee or agent of a company, or an individual, acting in their official duties for a motor vehicle dealer, motor vehicle repair shop, secondary metals recycler, or salvage yard that is licensed, permitted, or registered; (2) an individual who possesses vehicle registration documentation indicating that the catalytic converter in the individual's possession is from a vehicle registered in that individual's name and is or will be replaced with another legally obtained catalytic converter; or (3) an individual who possesses a catalytic converter lawfully received from an individual described in subdivision (2) and proof of vehicle ownership and a copy of the most recent vehicle registration documentation for the vehicle from which the catalytic converter was removed.

Section 6

Changes the effective date of the proposed changes to GS 20-157 regarding vehicle operation around emergency or public service vehicles giving warning signals, making the changes effective August 1, 2022 (was, July 1, 2022).

Adds the following new content.

Section 8

Amends GS 20-183.8 to make it an infraction punishable by a fine of up to $50 for a motor vehicle dealer to fail to inspect a used motor vehicle before offering the vehicle for retail sale pursuant to state law. Applies to offenses committed on or after December 1, 2022.

Section 9

Amends GS 20-52 to require applications for the registration and certificate of title of a motor vehicle to include the driver's license number or identification card number of a responsible member of the firm, partnership, corporation, or other entity registering the vehicle. Effective October 1, 2022.

Section 10

Amends GS 20-43.1 to authorize the Division of Motor Vehicles (DMV) to provide copies of partial vehicle registration application and renewal data in bulk form to persons, private companies, or other entities, for uses other than official, subject to payment of the 3 cents per individual record fee (currently includes authority to provide copies of partial vehicle registration application data collected pursuant to GS 20-52 in bulk form to such persons, companies, and entities for the fee described). Adds a new subdivision authorizing the DMV to provide information on motor vehicle registration or liability insurance upon written request and payment of a $1 per individual record fee, as authorized by the identified federal law and for verification purposes only. Subjects the $1 fee to a quadrennial adjustment pursuant to GS 20-4.02. Effective July 1, 2022.

Section 11

Amends the following statutes to exempt motor vehicles used by a State agency in a research pilot or demonstration project from highway use tax and certificate of title and registration fees: GS 105-187.6, GS 20-85, and GS 20-87.

Section 12

Amends GS 136-28.1 to direct the Department of Transportation (DOT) to deem the construction, maintenance, and repair of rail equipment as highway construction, maintenance, or repair under state law and the State Budget Act. Allows the Secretary of Transportation to determine public advertising not feasible for the repair of rail equipment and waive requirements for public advertising and solicitation of informal bids.

Sections 13 and 14

Amends GS 136-189.11, which provides for the distribution of funds subject to the Transportation Investment Strategy Formula (Formula). Adds a new exclusion from the Formula for Federal Carbon Reduction Program formula funds appropriated to the State. Adds to the federal program activities included in the applicable category of the Formula set forth in subsection (d) that are not subject to that subsection’s prioritization criteria State funds used to match federal Carbon Reduction Program formula funds appropriated to the State for projects on the State highway system that improve the safety, mobility, and operational characteristics of the State highway system for motorists. Regarding the percentage of funds to be allocated to Department of Transportation (DOT) divisions for division need projects, adds to the programs subject to alternate quantitative criteria the Federal National Electric Vehicle Infrastructure (NEVI) Program formula funds appropriated to the State. Enacts a new subsection (d2), deeming that after redesignation of an existing or proposed secondary route to a primary highway route, a project is ineligible for evaluation in a newly-designated funding category under GS 136-189.10 until (1) the new route designation is reflected in the transportation plan that has been approved by the appropriate governing body and the Board of Transportation and (2) the DOT has commenced its second subsequent prioritization after the date of final route redesignation approval. Excludes projects that include a route redesignation initiated by the DOT to meet intrastate or interstate connectivity needs.

Authorizes the Secretary of Transportation (Secretary) to waive a project reprioritization delay required by new GS 135-189.11(d2) upon request of an affected Metropolitan Planning Organization or Rural Transportation Planning Organization. Directs the Secretary to report to the specified NCGA committee and division on waivers requested, as specified, by December 31, 2023. Expires December 31, 2023.

Directs DOT to initiate a workgroup evaluation of potential DOT policy and rule changes, potential conflicts with federal laws or regulations, effects to the State Transportation Improvement Program (STI Program) prioritization processes, and any additional matter DOT deems relevant that relates to the implementation of new GS 135-189.11(d2). Directs DOT to report to the specified NCGA committee and division by December 1, 2022.

Section 15

Amends GS 146-30 to repeal subdivision (d)(4), which provides that no service charge into the State Land Fund can be deducted from or levied against the proceeds of any lease, rental, or easement of DOT land or land owned by the Department of Administration and solely maintained by DOT. Amends subdivision (d)(10) of the statute to require net proceeds from the sale or lease of land, facilities, products, or timber owned by DOT or owned by the State and solely maintained by DOT to be deposited into the State Highway Fund (currently, requires the net proceeds derived from the sale of land, facilities, products, or timber owned by DOT to be deposited into the identified Fund). Amends GS 136-16, which requires all funds and property collected by DOT to be paid or converted into the State Highway Fund. Changes the definition of funds as used in the statute to now include the net proceeds from the sale of real property owned by DOT or otherwise owned by the State and solely maintained by DOT (was, proceeds from the sale of DOT-owned real property only).

Section 16

Amends GS 136-28.4, which establishes State policy to encourage and promote participation by disadvantaged minority-owned and women-owned businesses in contracts let by DOT, to include in the policy contracts let under the procedures of GS 136-28.1(f), which authorizes DOT to solicit contracts for professional engineering services and other kinds of professional or specialized services necessary in connection with the planning, operations, design, maintenance, repair, and construction of transportation infrastructure. Additionally, postpones the statute's sunset to August 31, 2027, from August 31, 2022.

Section 17

Amends GS 136-28.10 by adding the requirement that the Department of Transportation (DOT) increase the outsourcing of professional services for Highway Fund and Highway Trust Fund projects to Small Professional Services Firms. Allows DOT to restrict solicitation and the awarding of funds to professional services it has identified as likely to attract increased participation by Small Professional Services Firms. Requires awarding contracts through the Qualification Based Selection (QBS) process. Allows the Board of Transportation to delegate full authority to award contracts, adopt necessary rules, and administer the provisions of this statute to the Secretary of Transportation.

Section 18

Amends GS 20-79.4 to authorize the DMV to issue a Pilot Mountain State Park special registration plate. Establishes a special plate fee of $30 and requires that $20 of that fee be transferred quarterly to the Friends of Sauratown Mountains to be used for preserving and promoting Pilot Mountain State Park. Effective October 1, 2022.

Section 19

Amends GS 20-79.4(b) to authorize the DMV to produce a NC Association of Fire Chiefs special registration plate. Plate issuance is contingent on the receipt of at least 500 plate applications. Establishes a special plate fee of $30 and requires that $20 of that fee be transferred quarterly to the NC Association of Fire Chiefs to be used for education programs for NC firefighters. Effective October 1, 2022.

Section 20

Repeals GS 20-79.4(b)(100), which authorizes issuance of the Honorary Consular Corps special registration plate. Provides that the repeal does not affect the validity or require a recall of existing, current special registration plates issued prior to October 1, 2022. Bars the DMV from issuing or renewing such special registration plates on or after October 1, 2022, and requires replacement of such plates with an authorized plate upon application for renewal on or after October 1, 2022.

Section 21

Amends Section 34.13 of SL 2018-5 (2018 Appropriations Act), which authorizes DOT to establish and implement a pilot project to award contracts for up to five projects for the construction of transportation projects on a construction manager-general contractor basis, subject to specified limitations. Increases the cap for DOT contracts under the pilot to from a project cost of $100 million to a project cost of $500 million, as determined by DOT.

Section 22

Authorizes DOT to enter into agreements with the SBI for the placement and use of automatic license plate reader systems within land or rights-of-way (ROW) owned by DOT as part of the Section’s pilot program, subject to six criteria, including that the use of the land or ROW is temporary and the system is above ground, removeable, and contains no combustible fuel. Requires placement and use to terminate and be removed by DOT upon request by any affected public utility. Provides for DOT or the public utility’s authority to relocate the system and related equipment to access its utilities or facilities, with liability limited to gross negligence or willful misconduct, subject to notification of the SBI. Defines public utility. Sunsets these provisions on June 1, 2023, with any agreement entered under the pilot terminating by that date.

Directs the SBI to report to the specified NCGA committees by March 1, 2023, with specified content included.

Repeals Section 41.57(a), SL 2021-180 (2021 Appropriations Act), which enacts GS 136-27.3A, Relocation of automatic license plate reader systems, and Section 41.57(c), SL 2021-180, which enacts GS 20-183.32A, Report on automatic license plate reader systems.

Changes the act’s titles.