Bill Summaries: H 165 DOT LEGISLATIVE CHANGES.-AB

Tracking:
  • Summary date: Oct 6 2021 - More information

    Senate amendment to the 4th edition makes the following changes.

    Adds new Section 15.5. Directs the City of Durham or the Department of Transportation, as applicable, to authorize and allow a charter school to use on-street right-of-way for the purpose of temporary motor vehicle stacking or queuing to load or unload students that attend the charter school. Limits the scope of authority to charter schools located in the City of Durham, chartered prior to 2005, which operate more than one campus within the city limits, operate on a year-round school schedule, and are relocating, renovating, or expanding a campus at or to a location within one-half mile of the existing location. Specifies that these provisions do not allow for motor vehicle stacking or queuing that would block driveway access or the movement of through traffic on streets adjacent to the charter school location. Effective December 1, 2021.


  • Summary date: Sep 22 2021 - More information

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

    Part I.

    Makes a technical change to the effective date provision in Section 2.

    Deletes the following: (1) Sections 3 and 4, which made changes to the Highway Maintenance Improvement Program; and (2) Section 5, which amended GS 143-64.24 by providing that the North Carolina State Ports Authority may only contract to obtain the services of a consultant after the proposed contract is approved by the Board of the North Carolina State Ports Authority.

    Adds the following to Part I.

    Amends GS 136-189.11(e), which allows varying from the Transportation Investment Strategy Formula if the specified conditions are met. Current law requires the Secretary to calculate the amount of Regional Impact and Division Need funds allocated in that year to each division and region, the amount of funds obligated, and the amount the obligations exceeded or were below the allocation. Requires the targeted amounts obtained according the Formula to be adjusted to account for any differences between allocations and obligations reported for the previous fiscal years (was, for the previous five fiscal years).

    Amends GS 136-28.10 to provide that for Highway Fund or Highway Trust Fund construction and repair projects of $1 million (was, $500,00) or less, and maintenance projects of $1 million (was, $500,000) or less per year, the Board of Transportation may, after soliciting and receiving (was, soliciting) at least three informal written bids from Small Business Enterprises, award contracts to the lowest responsible bidder. 

    Amends GS 143-215.73F(c1), by specifying that no cost-share is required for dredging projects located in a development tier one area for a ferry channel used (was, maintained) by the Department of Transportation.

    Deletes the current provisions of GS 136-28.12 and instead requires the Department of Transportation (DOT), for state-maintained roads, to coordinate litter removal and mowing as follows: (1) if the highway right-of-way to be mowed is part of the primary road system, DOT must schedule the removal of litter before the right-of-way is mowed; and (2) if the highway right-of-way to be mowed is part of the secondary road system, DOT must schedule, to the extent practicable, the removal of litter before the right-of-way is mowed. Requires DOT to require as a term of any contract to mow or remove litter that the contracting party agree to these provisions. Applies to contracts entered into on or after January 1, 2022. Requires DOT, on or before January 15, 2022, to report to the specified NCGA committee and division on the effectiveness of DOT's Litter Management System website and interactive map. 

    Part II. 

    Deletes the following Sections: (1) Section 7, which authorized the Division of Motor Vehicles (DMV) to establish and maintain electronic systems and means for renewals of all licenses, permits, certificates, and registrations, and that set out reporting requirements; (2) Section 9.1 which required DOT, Ferry Division, to lease a passenger ferry vessel for operation between Hatteras and Ocracoke, with the lease ending no later than September 12, 2021, and required specified funds to be used for this purpose; (3) Section 9.2 which required specified funds be used to reimburse funds Carteret County provided on behalf of Hyde County to fulfill the local match requirements for grant funds to dredge the Cedar Island ferry channel; and (4) Section 9.3 which required specified funds to be used for North Carolina coastal dredging.

    Adds the following new content to Part II.

    Amends SL 2021-134 as follows. Requires the Office of Administrative Hearings (OAH), in addition to the DMV, to consult with the Attorney General (previously, required DMV to consult with OAH and the Attorney General) in studying the feasibility of transferring (1) dealer license hearings pursuant to GS 20-296 and (2) safety and emissions inspection hearings pursuant to Article 3A of GS Chapter 20 from the DMV to OAH. Changes the deadline for reporting on the study from January 31, 2022, to March 31, 2022. Makes Section 9, which amends the effective date of certain license revocations, effective on February 1, 2022 (was, October 1, 2021).

    Part III.

    Adds the following new content.

    Amends GS 20-309.2 to require the Division of Motor Vehicles (DMV) to ensure that its records accurately reflect the insurance coverage status of each owner of a registered motor vehicle or one required to be registered by reconciling the notices received under the statute. Directs the DMV not to record a termination notice received under the statute as a lapse in financial liability if the DMV has received an earlier notice that establishes the owner has met the requirements for the vehicle through a liability policy that is not the subject of the later termination notice.

    Amends GS 20-311 to require the DMV to notify the owner by mail or electronically (was, mail only) upon receipt of evidence that the owner of a motor vehicle registered or required to be registered does not have financial responsibility for the operation of the vehicle. Makes clarifying changes. Adds that the DMV must assess no penalty against an owner that responds within the time period specified in existing law and establishes the following: (1) the owner sold the vehicle or transferred the title pursuant to State law regarding transfer of title or surrender of title to salvage vehicles within 10 days of the termination of financial responsibility for the vehicle; (2) the owner did not operate or allow the vehicle to be operated during the lapse due to damage or mechanical defect, or nonpossession due to sale or transfer for which there was a delay between the physical transfer and completion of the required paperwork; and (2) the owner has returned the NC registration plate or has submitted an affidavit indicating the plate has been lost, stolen, or destroyed. 

    Directs the DMV to develop a plan to implement a system for accepting documentation from insurers pursuant to GS 20-309.2, as amended, in an electronic format that allows for immediate transmission of insurance coverage status for owners of vehicles registered or required to be registered in the State. Requires the plan to also provide for electronic submission of documentation required from insurers to license an individual or register a motor vehicle. Directs the DMV to report to the specified NCGA committee chairs by March 1, 2021, detailing the plan developed.

    Amends GS 136-89.199, which provides for designating high-occupancy toll and managed lanes, by making a violation of a use requirement or use condition for lanes designated under the statute an infraction. Makes a conforming change to GS 20-176. Applies to offenses committed on or after December 1, 2021.

    Amends GS 20-116 by specifying that the statute does not prevent the operation of passenger buses that are owned and operated by local governments, operated as a single vehicle and having an overall length of 45 feet or less or as an articulated vehicle and having an overall length of 65 feet or less.

    Amends GS 20-11(d)(3) by amending the requirements to be met in order for a person who is at least 16 years old but less than 18 years old to obtain a limited provisional license, to require passing a road test administered by either DMV (was, DMV only) or by a commercial driver training school certified by the DMV to administer road tests. Enacts new GS 20-329 authorizing a licensed commercial driver training school to administer road tests required for licensure under GS 20-11(d)(3) only when certified under by the DMV. Allows a person who passes a road test required for licensure administered by a commercial driver training school to submit proof to the DMV of passage of the road test for the purpose of meeting the requirement of GS 20-11(d)(3). Allows the Commissioner of Motor Vehicles to adopt rules for school certification to administer road tests. Amends GS 20-320 by amending the definitions of the following terms as they are used in GS Chapter 20, Article 14 (Driver Training School Licensing Law): (1) amends the definition of commercial driver training school, or school, to also include a business enterprise conducted by an individual, association, partnership, or corporation which administers road tests under new GS 20-329; and (2) amends the definition of instructor to also include a person who administers road tests.

    Amends the act's long title.


  • Summary date: May 6 2021 - More information

    House amendment to the 2nd edition adds the following new provisions. 

    Requires the Department of Transportation (DOT), Ferry Division, to lease a passenger ferry vessel for operation between Hatteras and Ocracoke, with the lease ending no later than September 12, 2021. Requires that $943,000 of the funds appropriated in SL 2020-91 from the Highway Fund to the Department of Transportation be used by the Ferry Division to lease and operate the ferry.

    Requires that $62,917 of the funds appropriated in SL 2020-91 from the Highway Fund to DOT to be used to reimburse funds Carteret County provided on behalf of Hyde County to fulfill the local match requirements for grant funds to dredge the Cedar Island ferry channel.

    Requires $362,000 of the funds appropriated in SL 2020-91 from the Highway Fund to DOT be used for North Carolina coastal dredging.


  • Summary date: May 5 2021 - More information

    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. 


  • Summary date: Feb 25 2021 - More information

    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.


© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view