Bill Summary for S 490 (2021)

Summary date: 

Aug 19 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 490 (Public) Filed Thursday, April 1, 2021
Intro. by Hise, Britt, Mohammed.

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Bill summary

House committee substitute to the 3rd edition makes the following changes.

Revises new subsection (h) of GS 20-24.1, which allows petitioning the court to order a penalty, fine, or costs that have resulted in a license revocation for at least 12 months be made a civil judgement (excluding those related to impaired driving convictions) if the person has no traffic convictions in the prior 12 months. Replaces the provisions to instead allow petitioning the court to order the DMV to lift the revocation on the condition that the person pay a minimum of $10 monthly towards the judgment which resulted in revocation to the clerk of superior court where the judgment was entered until paid in full. Requires the court to grant the petition if the person can show that they have had no traffic convictions in the prior 12 months. Directs the clerk to notify the Division of Motor Vehicles (DMV) if the person fails to make the minimum payment for a period of 60 days, whereby the DMV is required to revoke the person's license. Makes conforming and clarifying changes to subsections (a) and (b).

Revises the proposed changes to GS 20-7(i1) regarding restoration fees. Now authorizes the DMV to allow the person to pay restoration fees and other service fees on a sliding scale adjusted to reflect the person's ability to pay on a finding by the Commissioner of Motor Vehicles that the license holder has shown good cause for not being able to pay the full amount (previously, authorized full waiver upon finding the license holder has shown good cause for not being able to pay the fine). 

Revises the proposed changes to the additional periods of revocation set forth in subsection (b) of GS 20-28.1 following conviction of a moving offense committed while driving during a period of suspension or revocation of a license. Now provides for no additional period of revocation for a first offense under the statute only if the offense which resulted in the underlying revocation has been resolved or the person is complying with a payment plan ordered by the court to satisfy any outstanding penalty, fine, or costs related to the offense that resulted in the underlying revocation. 

Corrects a statutory cross-reference in new subsection (a4) of GS 20-28, which makes it a Class 1 misdemeanor for a person to operate a motor vehicle upon a highway without maintaining financial responsibility required by state law after the DMV has restored a license revoked for failure to appear pursuant to new subsection (g) of GS 20-24.1 (previously, referenced new subsection (h)). Additionally adds a new statutory cross-reference to GS 20-28.1(c), as amended, which provides for financial responsibility requirements for persons seeking a license following revocation for certain time periods as specified. 

Adds a new section to the act directing the Administrative Office of the Courts (AOC) to adopt rules to implement the act and adopt automation that properly reflects the lifting of a revocation pursuant to the act. 

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