Bill Summaries: S488 DMV/MV DEALER CHANGES. (NEW)

Tracking:
  • Summary date: Jul 2 2020 - More information

    AN ACT TO MAKE CHANGES TO VARIOUS DIVISION OF MOTOR VEHICLES PROCESSES. SL 2020-77. Enacted July 1, 2020. Effective July 1, 2020, except as otherwise provided.


  • Summary date: Jun 24 2020 - More information

    Conference report to the 3rd edition makes the following changes. 

    Eliminates the uncodified provisions of previous Section 1, which authorized the Division of Motor Vehicles (DMV) to enter into agreements to use commission contractors who are under contract with the DMV for the issuance of plate and certificates to process certificates of title and renewals of vehicle registrations, with an expiration of December 31, 2020.

    Section 2

    Amends the proposed changes to GS 20-79.1, which allows DMV to enter into agreements to use commission contractors who are under contract with the DMV for the issuance of plates and certificates to distribute temporary registration plates to dealers. No longer requires DMV to, insofar as practicable, identify at least six commission contractors to enter into agreements with to make temporary registration plates more available to dealers across all of the state's geographic regions. Now requires DMV to make every effort to enter into agreements with commission contractors across all geographic regions of the state in order to make temporary registration plates accessible to all dealers if DMV enters into agreements under the new provision.

    Section 3

    Expands the immunity and hold harmless provisions set out for DMV regarding notation of security interest fraudulently or erroneously placed on a certificate of title for applications submitted to the DMV under this section and applications submitted with an inaccurate electronic signature under this section, to grant the same immunities to DMV's commission contractors. 

    Section 6

    Changes the effective date of the proposed changes to GS 20-295, regarding a grace period for pending motor vehicle dealer license renewals, to now make the provisions effective on the date the act becomes law (was effective October 1, 2020).

    Section 6.5

    Adds new Section 6.5. Amends GS 20-24.1 to allow persons with a license revoked only for failure to pay fines to apply to the court for a limited driving privilege valid for up to one year or until any fine, penalty, or court costs ordered by the court are paid. Restricts application to those who have not had a limited driving privilege granted within the three prior years to application under this provision. Provides for the parameters of the privilege order. Effective December 1, 2020, and applies to applications for limited driving privileges filed on or after that date.


  • Summary date: Jun 15 2020 - More information

    House committee substitute to the 2nd edition makes the following changes. Deletes the content of the previous edition and replaces it with the following.

    Section 1

    Authorizes the Division of Motor Vehicles (DMV) to enter into agreements to use commission contractors who are under contract with the DMV for the issuance of plate and certificates to process certificates of title and renewals of vehicle registrations. Sets out requirements for the compensation rate. Specifies that DMV may only enter into these agreements with commission contractors that use the State courier service for delivery. Sets out additional requirements concerning providing supplies and guidance to the contractor, and the contractor's mailing of registration plates and stickers. Expires December 31, 2020.

    Section 2

    Amends GS 20-79.1 to allow DMV to enter into agreements to use commission contractors who are under contract with the DMV for the issuance of plates and certificates to distribute temporary registration plates to dealers. Sets out requirements for the compensation rate. Sets out additional requirements concerning providing supplies and guidance to the contractor. Requires DMV to, insofar as practicable, identify at least six commission contractors to enter into agreements with to make temporary registration plates more available to dealers across all of the state's geographic regions. 

    Section 3

    Allows an application for a notation of a security interest submitted to the DMV that is signed by a debtor to be signed by the debtor electronically without notarization if the application is submitted by a licensed or regulated lender in this state with a lienholder identification number. Provides that an application for a notation of a security interest submitted to the DMV that is signed by the secured party instead of the debtor does not require documentary evidence of the applicant's security interest in that vehicle signed by the debtor if the application is submitted by a licensed or regulated lender in this state with a lien holder identification number. Excludes application for a notation of a security interest for manufactured homes. Makes DMV immune from liability for any cause of action arising from a notation of security interest fraudulently or erroneously placed on a certificate of title for applications submitted to the DMV under this section. Provides that any entity offering an electronic signature process for applications submitted under this section assumes all responsibility and liability for the signature's accuracy. Holds DMV harmless from any liability to a claim arising from applications submitted with an inaccurate electronic signature under this section. Applies to applications for notation of security interests submitted to the DMV on or after the date that the act becomes law and before December 1, 2020.

    Section 4

    Amends GS 20-79.1 to require the DMV to provide methods for submitting applications and payments for temporary dealer registration plates or markers physically or electronically. Allows electronic applications to include a method for the dealer to sign electronically. Makes additional conforming and technical changes. Effective October 1, 2020, and applies to dealer applications for temporary registration plates or markers submitted on or after that date.

    Section 5

    Amends GS 20-288 to prohibit DMV from requiring an applicant to submit fingerprints to be used in a criminal history record check of an applicant for a license or license renewal.

    Amends GS 93-8.1 by adding that nothing in the statute or GS 93B-1 authorizes an occupational licensing board or a State agency licensing board to require an applicant to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories as a condition of granting or renewing a license. 

    Effective July 1, 2020, and applies to applications for licensure or renewal received on or after that date.

    Section 6

    Amends GS 20-295 by requiring that when an application for a motor vehicle dealer license renewal has been timely submitted for the license has expired, that the license remain valid for up to 30 days after expiration until the DMV grants or denies the application. Requires the DMV to to insure that its databases reflect that the license continues to be valid during that period. Makes conforming changes, including amending the statute's caption. Effective October 1, 2020, and applies to licenses that expire on or after that date. 

    Amends the act's titles.


  • Summary date: May 2 2019 - More information

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

    Part I. 

    Adds to proposed GS 135-6(n1) to require that before undertaking each quinquennial actuarial experience review, the Board of Trustees of the Teachers' and State Employees' Retirement System must report to the NCGA and the Governor an estimate of the range of likely employer contributions over 20 years based on analysis that simulates the volatility of annual investment returns above and below the expected rate, applying methodology determined by the actuary, in addition to the previously proposed 12 items the Board must report concerning the Retirement System. 

    Part II.

    Modifies the proposed changes to GS 135-48.5, which requires that any unencumbered balance in excess of prepaid premiums or charges in the Public Employee Health Benefit Fund at the end of each fiscal year be used in three specified ways in the specified order. Now provides, as the second use, that an amount determined by the State Treasurer, subject to approval by the Board of Trustees, not to exceed 25% rather than 50% of any unencumbered balance remaining after providing for incurred but unpresented claims, may be transferred to the Retiree Health Benefit Fund.


  • Summary date: Apr 3 2019 - More information

    Part I. 

    Amends GS 135-6 to require at least once in each five-year period that the actuary completes an actuarial experience review of (was, make an actuarial investigation into) the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System for Teachers and State Employees. Adds that before undertaking each quinquennial actuarial experience review, the Board of Trustees must report to the NCGA and the Governor on 12 items concerning the Retirement System, including projections of assets, liabilities, pension debt, service costs, employee contributions, employer contributions, net amortization, benefit payments, payroll, and funded ratio for the Retirement System for each of the next 30 years based upon the then-current actuarial assumptions, including the assumed rate of return; the market value of the assets controlled by the Board of Trustees and an explanation of how the actuarial value assigned to those assets differs from the market value of those assets; and an assessment of how the changes of assumptions adopted by the Board of Trustees in the experience review affect any of the other results in the report. Allows the Retirement System Division to increase receipts from the retirement assets of the corresponding retirement system or allows the payment of costs directly from the retirement assets for payment for the administration of the required actuarial experience review, required report, and annual valuation of the assets and liabilities of the System funds.

    Part II.

    Amends GS 143C-4-10 to expand upon the funds received by the Unfunded Liability Solvency Reserve to also include any funds, in an amount directed by the State Treasurer to be transferred, that meet the following: (1) the funds are the result of rebates received by the Department of State Treasurer from a company administering supplemental voluntary insurance benefits authorized under specified provisions; (2) the funds are not owed to a company administering, or individuals participating in, supplemental voluntary insurance benefits; and (3) as determined by the Board of Trustees of the Retirement System, the funds are not to be needed to pay future administrative costs of the supplemental voluntary insurance benefits.

    Amends GS 135-48.5 which requires that any unencumbered balance in excess of prepaid premiums or charges in the Public Employee Health Benefit Fund at the end of each fiscal year be used in three specified ways in the specified order. Adds, as the second use, that an amount determined by the State Treasurer, subject to approval by the Board of Trustees, not to exceed 50% of any unencumbered balance remaining after providing for incurred but unpresented claims may be transferred to the Retiree Health Benefit Fund.  Amends the final allowed use, which is to improve the plan, to make it as provided by the State Treasurer, subject to approval by the Board of Trustees, instead of as provided by the General Assembly. Makes additional clarifying changes.

    Amends GS 143C-4-10 by prohibiting transferring any portion of the Retiree Health Benefit Fund to the General Fund and providing that any appropriation made to the Fund does not revert.

    Effective July 1, 2019. 

    Part III.

    Amends GS 135-48.8 to specify that it is in the public interest for individual firefighters, rescue squad workers, National Guard members, and certain dependents to be able to participate in the State Health Plan for Teachers and State Employees. Removes references to being ineligible for group health benefits to instead refer to being ineligible for health benefit coverage. Amends GS 135-48.40(d)(13) concerning specified classes of persons who are eligible, along with spouses and dependents, for coverage who have not been eligible for another health benefit plan and have been without coverage for at least six consecutive months by adding that it does not allow a person to enroll or require the State Health Plan for Teachers and State Employees to enroll a person when that enrollment may jeopardize the Plan's preferential tax exempt status as a governmental plan under the Internal Revenue Code. Removes references to comprehensive group health benefit plan and instead refers to comprehensive health benefit plan. 

    Amends GS 135-66 concerning the Consolidated Judicial Retirement System by adding that the assets of the System include employees' contributions held with the Pension Accumulation Fund and employees' contributions held in the Annuity Savings Fund. Requires the Board of Trustees to have performed an annual actuarial valuation of the System and have the responsibility for maintaining the System on a generally accepted actuarial basis. Adds requirements for calculating an actuarially determined employer contribution. Provides that the Board of Trustees may adopt a contribution policy that would recommend a contribution no less than the actuarially determined employer contribution. Requires that the recommended employer contribution rate by the Board of Trustees each year be no less than the actuarially determined employer contribution.

    Enacts new GS 127A-14, providing as follows. Specifies that the NC National Guard Pension Fund includes general fund appropriations made to the Department of State Treasurer and held with the Pension Accumulation Fund of the Teachers' and State Employees' Retirement System. Requires an actuarially determined employer contribution to be calculated annually by the actuary using assumptions and a cost method approved by the specified entity and selected by the Board of Trustees of the Teachers' and State Employees' Retirement System. Allows the Board of Trustees to adopt a contribution policy that would recommend a contribution of no less than the actuarially determined employer contribution. Requires that the recommended employer contribution rate by the Board of Trustees each year be no less than the actuarially determined employer contribution. Adds in provisions previously located in GS 127A-40 concerning an annual actuarial valuation and financial responsibility for maintaining the Fund as well as provision of assistance from the Department of Public Safety. Makes conforming deletions in GS 127A-40.

    Amends GS 135-8, concerning the Retirement System for Teachers and State Employees, and GS 128-30, concerning the Retirement System for Counties, Cities and Towns, by adding that if an employer made contributions on account of a retiree subject to the contribution-based benefit cap and that retiree later forfeits retirement benefits under the specified statutes concerning forfeiture due to committing a felony then the Retirement Systems Division may provide a credit to the employer, to be calculated as specified.

    Enacts new GS 135-5.5, applicable to the Retirement System for Teachers and State Employees, and GS 128-23.1, applicable to the Retirement System for Counties, Cities and Towns, by providing that an employer is considered inactive if all of the four specified criteria is met, including that the employer has no employees that qualify for membership.  Requires an annual report by the Retirement Systems Division  to the Board on all employers who were determined to be inactive in the preceding calendar year. 

    Amends GS 159-33.1 to require that the financial statement from units or public authorities include total revenues received from building inspections, by source (was, by type), and the total expenditures paid from all revenues received by object (was, by type). Makes other technical changes. Effective June 30, 2019.  

    Amends GS 135-18.1 by removing outdated language and specifying that the term local system refers to the North Carolina Governmental Employees' Retirement System. 

    Repeals the following statutes: GS 135-5.2 (concerning retirement of  persons employed by Chapel Hill Telephone Company or University Service Plants); GS 135-13 (specifying certain laws not repealed; suspension of payments and compulsory retirement); GS 135-14 (concerning pensions of certain former teachers and State employees); GS 135-14.1 (concerning retirement of certain school superintendents and assistant superintendents); GS 135-16 (employees transferred to North Carolina State Employment Service by act of Congress); GS 135-18.3 (conditions under which amendments void); and GS 135-18.5 (provision for emergency expenses of integration of System).

    Amends GS 135-16.1 by deleting outdated provisions.

    Amends GS 128-23 to provide that each county is authorized to make appropriations for retirement system purposes and to fund them by levy of property taxes as authorized by GS Chapter 153A, Article 7 (was, pursuant to GS 153-65).

    Amends GS 115D-25.4 by adding that the administrative costs of the NC Public School Teachers' and Professional Educators' Investment Plan may be charged to members or deducted from members' accounts in accordance with nondiscriminatory procedures established by the Department of State Treasurer and Board of Trustees. 

    Amends GS 135-6.1 and GS 128-33.1 by adding that the Retirement Systems Division may disclose to employers and former employers that made a contribution for an employee or former employee to the Retirement System any nonpublic information regarding that employee necessary to conduct the business of the System. Recipients of the information are required to treat it as confidential. 

    Amends GS 135-8 and GS 128-30 by adding that the monthly report on members for whom the employer made a contribution to the Retirement System in the preceding month that are most likely to require an additional employer contribution should they retire in the following 12 months, is not public record and those receiving the report are to treat it as confidential. Further amends the statutes by adding the same concerning the pension spiking report.

    Amends GS 135-48.47 by adding that except as permitted under (d) of the statute, a local government unit's election to participate in the State Health Plan is irrevocable. 

    Amends GS 147-69.7 by updating a statutory cross-reference.

     


  • Summary date: Apr 2 2019 - More information

    To be summarized.


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