Bill Summaries: H 199 DMV PROPOSED LEGISLATIVE CHANGES.-AB

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  • Summary date: Jun 12 2024 - View Summary

    Senate committee substitute to the 4th edition makes the following changes.

    Section 2

    Amends GS 20-17.8 (pertaining to restoration of a license after certain driving while impaired convictions) so that it only applies to a person whose license was revoked under GS 20-141.1 if the person was engaged in the offense of impaired driving under GS 20-138.1 and had an alcohol concentration of 0.08 or more at the time of the offense, or the person was engaged in the offense of impaired driving under GS 20-138.2 and had an alcohol concentration of 0.04 or more at the time of the offense.

    Section 20.5

    Adds the following.

    Amends GS 20-88.1 to require the DMV to develop a training course, or identify an existing training course, to educate individuals on the safe operation of a motor vehicle within a highway work zone. Requires the DMV to: (1) ensure that the course is accessible to the public both in-person and on its website and (2) develop a method for a person to demonstrate successful completion of the training course. Expands the driving education program under GS 115C-215 to include the highway work zone training course. Effective December 1, 2025.  

    Requires the DMV, in consultation with the Department of Public Instruction (DPI) to: (1) develop the highway work zone training course as discussed above; and (2) develop a plan to accomplish the accessibility, completion, and integration into drivers education curriculum requirements listed above. Requires the DMV to submit a report on their progress to the specified NCGA committees and division by March 31, 2025.

    Section 25

    Makes a technical change in GS 20-79.7 (distribution of fees for special registration plates) to reflect current law.

    Section 27

    Amends GS 20-288 (concerning applications for licenses by motor vehicle dealers) to specify that for a licensed dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler applying for renewal, the death of a co-owner in the licensed business entity is not considered a change of ownership for purposes of licensure, as long as the business entity has no new co-owners or changes in structure of the business entity. Directs that applicant will be considered by the DMV to be a continuing business for purposes of renewal and shall not be required to apply for a license as a new business.

    Section 32

    Corrects the number of the statute being amended to GS 136-89.183A.

    Removes new Article 33 of GS Chapter 160A (establishing a rail transportation corridor authority).

    Makes organizational changes.


  • Summary date: Jun 6 2024 - View Summary

    Senate committee substitute to the 3rd edition makes the following changes.  Changes the act’s long title. Removes the following provisions from the act:

    • Amendments to GS 20-43.1 that would have authorized the DMV to adopt rules restricting disclosure of personal information about a judicial officer and increased the fee for a records request from $1 to $5 per individual record.
    • Amendments to GS 20-63.1 (pertaining to license plates) which would have: (1) eliminated the requirement that the DMV develop standards for reflectivity that use the most current technology available while maintaining a competitive bid prices and (2) eliminated the requirement that all registration plates be removed every seven years.
    • Amendments to GS 20-63.02, which would have changed the membership of the License Plate Agent (LPA) advisory committee.
    • Amendments to GS 20-84, which would have clarified EMS/rescue entity eligibility for permanent registration plates.
    • Amendments to GS 20-79.5, which would have authorized the issuance of multiple State government official special registration plates for vehicles registered to the same State official.
    • Amendments to GS 20-79.1, which would have increased the penalty for violation of a registration provision involving a temporary registration plate from a Class 3 misdemeanor to a Class I felony.
    • Amendments to GS 143-341, which would have authorized the DMV to own and operate a fleet of vehicles.

    Extends the effective dates by one year of the act’s following changes to GS Chapter 20: GS 20-17.8 (restoration of a license after certain driving while impaired convictions), GS 20-42 (authority of DMV officers and employees to administer oaths and certify copies of records), GS 1-105 (service of process upon nonresident drivers), GS 66-201.1 (recovery of vehicle licenses and registration fees), GS 20-292.2 (electronic transactions-new), and GS 20-79.1 (use of temporary registration plates).  Extends the DMV’s and any partner institutions’ reporting deadlines to the specified NCGA committees and other institutions by one year on the following matters: (1) the study and plan on implementing mobile drivers’ licenses and mobile special identification cards; (2) the study on the use of alternative materials for manufacturing registration plates issued by the DMV; and (3) the study on ways to modernize and improve dealer license plates issued by the DMV.

    Section 8 (Former Section 13)

    Extends the DMV’s implementation deadline a statewide print-on-demand temporary registration plate system from January 1, 2024, to January 1, 2025, under GS 20-79.1B. Extends the mandatory participation deadline for all motor vehicle dealers from October 1, 2024, to October 1, 2025.

    Section 12 (Former Section 18)

    Makes technical change to GS 66-201.1 (recovery of vehicle license and registration fees).

    Adds the following new content.

    Section 15

    Amends GS 20-17.4 (concerning disqualifications from driving a commercial vehicle) so that a person is now disqualified for drug and alcohol violations upon the DMV’s receipt of notice of the person’s prohibited status in the Federal Motor Carrier Safety Administration’s Commercial Driver’s License Drug and Alcohol Clearinghouse. Also adds a conviction of fraud in connection with issuance of a commercial driver's license or commercial learner's permit to the disqualifications from driving a commercial vehicle for one year. Amends GS 20-37.13 (qualification standards for CDLs) by giving drivers 60 days to comply with medical certification requirements (was, 60 days to provide required documentation). Effective October 1, 2024.

    Amends GS 20-37.20 (notification of traffic convictions) so that the DMV must electronically notify (currently, just notify) the driver licensing authority in the licensing state or foreign jurisdiction of the following convictions: (1) those of any nonresident holder of a CDL or commercial learner's permit (currently, just CDL holders) for any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a motor vehicle or (2) any nonresident holder of a driver’s license for any violation of State law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle. Effective August 1, 2024.

    Section 16

    Amends GS 20-63 to require the DMV to review an application and issue a decision on commission contractor applications within 60 days of the date the application is submitted. Provides for extension of deadline if the DMV requests additional information. Effective October 1, 2024, and applies to commission contract applications submitted on or after that date.

    Section 17

    Amends GS 20-63(h) (concerning commission contracts for issuance of plates and certificates) as follows. Requires commission contracts to allow the contractor to sell their business and assign contractual rights to another qualified contractor (defined) prior to the expiration of the contract. Provides for transference of DMV equipment and software upon sale in accordance with DMV guidelines. Requires the DMV to enter into contracts using the business entity's name, unless it is contracting with the individual.

    Provides a mechanism for contracts to be amended where the DMV had required a business entity to contract in the individual contractor’s name. 

    Effective October 1, 2024.

    Section 18

    Amends GS 20-63.01 (bond required for commission contractors) to now require the contractors that are not subdivisions of the State to obtain surety (was, guaranty) bonds. Makes conforming changes. Removes the DMV’s authority to negotiate bonds for contractors who qualify for bonds as a group under favorable rates or circumstances.

    Section 19

    Amends GS 20-63.02 to require the LPA Advisory Committee to comply with State open meetings law (Article 33C of GS Chapter 143).

     Section 20

    Repeals GS 20-85.1 (registration renewal by mail and one-day title service), effective July 1, 2024.  Effective July 1, 2024, makes the following changes that incorporate provisions previously in GS 20-85.1. Adds a $105.75 fee for each application of certificate of title prepared and delivered using a one-day title service under GS 20-85 (the one-day title fee) and requires $2 of the fee be credited to the Highway Fund. Adds this one-day title fee to those transactions that should be assessed at $2 fee for commission contract agents performing the service under GS 20-63. Provides for renewal of vehicle registration by mail in GS 20-66 (renewal of vehicle registration). Makes conforming changes to GS 20-4.02. 

    Section 21

    Amends GS 20-63(j) (concerning DMV contracts with other online vehicle registration vendors) to include out of state entities, such as dealers, fleet, leasing and rental car companies as entities that the DMV is authorized to contract with under the statute. Prevents the DMV from unreasonably denying a contract or access to any entity.

    Section 22

    Amends the farm vehicle exemption in (1) the CDL requirements under GS 20-37.16(e), (2) the weight and height exemptions under GS 20-118, and (3) the exemption from certain federal regulations under GS 20-381 so that the exemption(s) applies to farm vehicles that are traveling intrastate within the official state border (currently, there is a 150-mile use limit from the user’s farm on farm vehicles for them to fall within the exemption(s)).

    Section 23

    Increases the annual permit fee to move commodities other than a house trailer or trailer frames under GS 20-119 from $100 to $185. Specifies that electric vehicle batteries, transported on the same vehicle with a weight up to 132,000 pounds, are considered a non-divisible load for purposes of permit issuance. Requires an additional $498 fee to the Department of Transportation (DOT) upon issuance of an annual permit to transport electric vehicle batteries.

    Section 24

    Removes requirement that a new motor vehicle dealer display an LD license plate on certain loaner vehicles under GS 20-79.02. Makes conforming changes. Removes expiration date of changes to GS 20-4.01(48a) (concerning U-drive-it vehicles) set forth in Section 1.1(b) of SL 2015-232, as amended.  Removes expiration date of changes to GS 20-79(d) (concerning restrictions on dealer license plates) set forth in Section 1.4(b) of SL 2015-232, as amended. 

    Section 25

    Amends GS 20-79.4(b) to allow the DMV to issue two new special registration plates: (1) the Home of the Venus Flytrap and (2) NC School of Science and Mathematics. Establishes a special plate fee of $30 for each plate.  Requires that $20 of the fee for the Venus Flytrap plate be transferred quarterly to the North Carolina Botanical Garden Foundation, Inc., to support plant conservation and research. Requires that $20 of the fee for the NC School of Science and Mathematics plate be transferred quarterly to the NCSSM foundation. Effective July 1, 2024.

    Section 26

    Amends the definition of established salesroom in GS 20-286 (definitions provision of the Motor Vehicle Dealers and Manufacturers Licensing Law [Law]) so that the definition’s requirement that a salesroom contain at least 96 square feet of floor space in a permanent enclosed building does not preclude a dealer from using the same permanent enclosed building for other business uses, including uses conducted by a separate business entity, as long as all requirements for an established salesroom are met. 

    Section 27

    Amends GS 20-288 (applications for motor vehicle dealer licenses) to extend those licenses from one to two years. Makes conforming changes. Requires that applicants take one six-hour course approved by the DMV for each year of their licensing period immediately preceding the renewal. Allows for notices of cancellation and notices of nonrenewal by a corporate surety to be delivered electronically. Effective October 1, 2024, and applies to licenses issued on or after that date. For licensed used motor vehicle dealers applying for renewal on or after October 1, 2024, requires the DMV to stagger the expiration dates of licenses issued to those dealers such that, if a license was initially issued to the dealer in an even-numbered year, the first license issued on or after October 1, 2024, will expire in the next even-numbered year, and, if a  license was initially issued to the dealer in an odd-numbered year, the first license issued on or after October 1, 2024, will expire in the next odd-numbered year.

    Section 28

    Increases the minimum fines for intentionally or recklessly littering up to ten pounds of litter (was, 15 pounds) that is for noncommercial purposes from $250 to $500 for a first offense and from a range of $500 to $2,000 to $1,000 to $3,000 for subsequent violations within three years of the first violation.  

    Increases the fines for littering up to ten pounds of litter (was, 15 pounds) from $100 to $200 for a first offense and from $200 to $500 for subsequent violations within three years of the first violation.  

    Increases the fines for intentionally or recklessly littering between ten (was, 15 pounds) and 500 pounds of litter not for commercial purposes from not less than $500 to not less than $1,000 and no more than $3,000 (was, $2,000) for the first offense. Increases the minimum amount of community service that a court may order from 24 to 50 hours. 

    Increases the fines for littering between ten (was, 15 pounds) and 500 pounds of litter not for commercial purposes from $200 to $500. Increases the minimum amount of community service that a court may order from eight to 24 hours and the maximum amount from 24 to 50 hours. 

    Imposes a $5,000 fine for intentionally or recklessly littering more than 500 pounds or for commercial purposes or discarding litter that is a hazardous waste. Requires the court to require the violator to perform community service of not less than 100 hours, and to pick up litter during that service if feasible, and if not feasible, to perform other community service commensurate with the offense committed.

    Increases the fine for littering more than 500 pounds from $300 to $2,500. Requires the court to require the violator to perform community service of not less than 50 hours, and to pick up litter during that service if feasible, and if not feasible, to perform other community service commensurate with the offense committed.

    Lowers the triggering amount of litter from fifteen pounds to ten pounds which requires the court order the violator to remove the litter and other provisions pertaining to property damage and community service.

    Specifies that any disposal of litter into the State’s waters will be punished in line with the section’s provisions on intentionally or recklessly littering.

    Effective December 1, 2024, and applies to  offenses committed on or after that date.

    Section 29

    Amends GS 74C-3 by excluding a person performing duties as a Civilian Traffic Investigator from the definition of private protective services, as that term is used in GS Chapter 74C, Private Protective Services.

    Section 30

    Amends GS 105-561 by increasing the cap on registration taxes levied by a transportation authority from $8/year to $10/year. Makes conforming changes. Effective July 1, 2024.

    Section 31

    Amends GS 136-89.56 to require the DOT to contract with a private entity to administer the erection of signs and placement of logos for signs indicating the location of fuel, gas, food, lodging, camping, and attraction facilities. Sets out the responsibilities of these entities. Sets out provisions governing the fee that the vendor may charge. Specifies that the provisions do not authorize any DOT contractor to conduct any commercial activity upon signs erected and maintained within the right-of-way of fully and partially controlled-access highways. No longer requires that the logo sign program be administered by the DOT’s Transportation Mobility and Safety Division.

    Allows DOT to adopt temporary rules and requires the adoption of permanent rules consistent with these provisions.

    Require DOT, no later than 120 days after this section’s effective date, to issue a request for proposals and select a vendor.

    Section 32

    Amends GS 136-89.183 by amending the provision giving the Turnpike Authority power to design, establish, purchase, construct, operate the specified projects by adding in Phases 1 and 2 of Complete 540.

    Amends GS 136-189A to allow the Turnpike Authority to contact with one or more private firms (was, a single private firm) to design, obtain necessary permits, and construct the Mid-Currituck Bridge.

    Section 33

    Adds new Article 33, Rail Transportation Corridor Authority, to GS Chapter 160A, providing as follows. Sets out and defines terms used in the Article. Defines rail corridor as a combination of rail line and real and personal property, structures, improvements, buildings, equipment, vehicle parking, and other appurtenant fixtures essential to rail operations and public transportation, including any facilities, maintenance yard, marshalling yard, transfer yard, utilities, pedestrian foot paths, and bicycle paths. Defines rail corridor project as any of the following that is part of or used in connection with a rail corridor and is not a special user project (as defined): (1) any land, equipment, or buildings or other structures, whether located on one or more sites within a rail corridor, or (2) the addition to or the rehabilitation, improvement, renovation, or enlargement of any property described above. Specifies that the term rail corridor project includes infrastructure improvements, such as improvements to railroad facilities, roads, bridges, and water, sewer, or electric utilities. Allows a rail corridor project to include a facility leased to one or more entities under a true lease. Defines a unit of local government as a county, city, town, or municipality of this State, and any other political subdivision, public corporation, authority, or district in this State, that is or may be authorized by law to acquire, establish, construct, improve, maintain, own, or operate a rail corridor.

    Allows the creation of a Rail Transportation Corridor Authority (Authority) for any area of the State that, at the time of creation of the Authority meets the following: (1) the area consists of three or more contiguous counties each containing portions of an existing rail corridor; (2) the distance between the rail corridor milepost origination and termination points is no more than 25 miles long; (3) if the Authority intends to receive existing rail corridor interests in property, those interests can be transferred to the Authority without purchase of those interests; and (4) an Authority must not have jurisdiction over any Class I railroad, nor a rail line or rail corridor owned or operated by the US Department of Defense. Requires the Authority’s territorial jurisdiction to be coterminous with the boundaries of the three or more organizing counties, except when the Authority intends to receive existing rail corridor interests in property than can be transferred without purchase. Requires the Authority’s rail corridor service area to be designated by and recorded in the minutes of the Authority’s Board of Trustees (BOT), consistent with its purpose, and must not exceed immediately adjacent and proximate area of the rail corridor as owned or otherwise controlled by the Authority. Requires the boundaries of the Authority’s rail corridor to be designated by and recorded in the BOT’s minutes once the properties and rail line making up the rail corridor are in the Authority’s possession or control. Sets out the conditions that must be met before the Authority can extend the rail corridor into a political subdivision that is not an organizing entity. Sets out requirements for how the rail corridor boundaries are to be described.

    Requires the adoption of a resolution to create an Authority by the boards of commissioners of all three or more counties within an area for which an Authority may be created and the elected board of municipality containing a portion of the rail corridor. Requires a public hearing before adoption of the resolution and sets out requirements for notice of the public hearing. Requires the resolution to form an Authority to include articles of incorporation that set forth specified information. Requires that a certified copy of each resolution organizing an Authority to be filed with the Secretary of State, along with proof of publication of the notice of hearing. Upon finding that those items conform to this Article, requires the Secretary of State to issue a certificate of incorporation. Sets out the process under which counties or municipalities may join the Authority when the Authority intends to extend the rail corridor into a new county or municipality. Specifies that members of the BOT are not subject to personal liability or accountability by reason of their execution of any debt, or the issuance of any debt. Pays BOT members $50 for each Authority meeting they attend. Requires the Authority to submit an annual report to the Governor, NCGA, and Local Government Commission; specifies what must be included in the report. Also requires the Authority to submit its annual reports to the Joint Legislative Commission on Governmental Operations.

    Requires the BOT to consist of one member of each organizing entity that has adopted a resolution for the creation of or a resolution to join the Authority, and one member for each regional council of government containing a portion of the rail corridor. Sets out additional provisions governing the appointment of members, establishing a quorum, election of chairs and vice-chairs, and filling of vacancies. Require an affirmative vote equal to a majority of all members not excused from voting in order to authorize or commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of the Authority.

    Allows the BOT to select advisory committees it may find appropriate.

    Gives the Authority all powers necessary to execute the Article, which includes as least the 16 specified powers, including powers to: (1) operate a rail corridor and enter and perform contracts to provide and operate rail and rail corridor services and facilities within the rail corridor service area; (2) charge and collect fees and rents for the use of the rail corridor or for services rendered in the operation of the rail corridor; (3) make or enter contracts, agreements, deeds, leases with or without option to purchase, conveyances, or other instruments, including contracts and agreements with the US, the State, units of local government, public transportation authorities, and private parties, to effectuate the purpose of this Article; (4) with the consent of the unit of local government that would otherwise have jurisdiction to exercise the powers enumerated in this subdivision, to issue certificates of public convenience and necessity, and to grant franchises and enter into franchise agreements, and in all respects to regulate the operation of rail, buses, trams, taxicabs, and other methods of public transportation that originate and terminate within the rail corridor as fully as the unit of local government is now or hereafter empowered to do within the jurisdiction of the unit of local government; and (5) issue debt for the purpose of financing the costs (defined as the capital costs of a rail corridor project or special user project) of a rail corridor project or any part thereof and to refund, whether or not in advance of maturity or the earliest redemption date, any such debt. Requires the BOT to, in order to execute these powers, to determine the policies of the Authority by majority vote of those members present and voting. Gives the chair the sole and exclusive authority the execute the polity of the Authority.

    Specifies that an Authority is a public authority and is subject to GS Chapter 159, The Local Government Finance Act.

    Allows the State and any unit of local government to appropriate funds to support the establishment and operation of the Authority, or to dedicate, sell, convey, donate, or lease any of their interests in any property to the Authority. Allows an Authority to apply for grants from the State, or from the US or any department, agency, or instrumentality thereof. Allows the Department of Transportation to allocate to an Authority any funds appropriated for rail corridors, public transportation, or any funds whose use is not restricted by law.

    Sets out the requirements that apply to public hearings that are required by federal tax law for the issuance of debt to finance a rail corridor project or special user project.

    Sets out items that must be include in every special user project financing agreement. Requires the agreement, if in the nature of a lease agreement, to either provide that the obligor must have an option to purchase, or require that the obligor purchase, the special user project upon the expiration or termination of the financing agreement subject to the condition that payment in full of the debt principal shall have been made. Allows the financing agreement to give the Authority rights and remedies in the event of a default by the obligor, including, without limitation: (1) acceleration of all amounts payable under the financing agreement; (2) reentry and repossession of the special user project; (3) termination of the financing agreement; (4) leasing or sale of foreclosure of the special user project to others; and (5) taking whatever actions at law or in equity may appear necessary or desirable to collect the amounts payable under, and to enforce covenants made in, the financing agreement. Provides that the Authority's interest in a special user project under a financing agreement may be that of owner, lessor, lessee, conditional or installment vendor, mortgagor, mortgagee, secured party, or otherwise, but the Authority does not need to have any ownership or possessory interest in the special user project. Allows the Authority to assign all or any of its rights and remedies under the financing agreement to debt holders under a security document.

    Allows a county or municipality in which all or part of the rail corridor is located to enter into an agreement with the Authority providing for payments to be made by the county or municipality, as applicable, to the Authority; such an agreement may be entered into only after the Authority designates the rail corridor.

    Exempts the Authority’s real and personal property, its acts, activities, and income from taxation. Specifies that this exemption does not apply to the value of a leasehold interest or to a lessee’s income.

    Specifies that the Article does not limit or affect the power or authority of the North Carolina Utilities Commission or the right of appeal to the North Carolina Utilities Commission as provided by law. Specifies that the North Carolina Utilities Commission does not have jurisdiction over rates, fees, charges, routes, and schedules of an Authority for service within the rail corridor.

    Gives the Authority the power to require any public utility, railroad, or other public service corporation owning or operating any installations, structures, equipment, apparatus, appliances, or facilities in, upon, under, over, across, or along any ways on which the Authority has the right to own, construct, operate, or maintain its rail corridor, to relocate such installation, structures, equipment, apparatus, appliances, or facilities from their locations, or, in the sole discretion of the affected public utility, railroad, or other public service corporation, to remove such installations, structures, equipment, apparatus, appliances, or facilities from their locations. Allows the Authority to relocate the object if the owner or operator fails or refuses to do so. Requires the Authority to provide any necessary new locations and necessary real estate interests for such relocation, and may exercise eminent domain for that purpose if the new locations is not in, on, or above, a public highway; the Authority may also acquire the necessary new locations by purchase or otherwise. Requires compensation for any affected public utility, railroad, or other public service corporation for any real estate interest taken via eminent domain, subject to the right of the Authority to reduce the compensation due by the value of any property exchanged under this statute. Requires the method and procedures of a particular adjustment to the facilities of a public utility, railroad, or other public service corporation to be covered by an agreement between the Authority and the affected party. Requires the Authority to reimburse the public utility, railroad, or other public service corporation, for the cost of relocations or removals, to be calculated as specified.

    Gives the Authority power to acquire the fee or any lesser interest in real or personal property for use by the Authority. Also allows the Authority to exchange any property it acquires for other property usable in carrying out the powers conferred on the Authority and also, upon the payment of just compensation, may remove a building or another structure from land needed for its purposes and reconstruct the structure on another location (prohibits using eminent domain to acquire property for exchange). Sets out issues that must be considered when the Authority selects one or more sites for adjoining rail facilities or property for shell or storage buildings. Sets out the process and effect of dissolving the Authority.

    Amends GS 160A-20, concerning security interests, by adding an Authority to the definition of a unit of local government as it is used under the statute.

    Section 34

    Requires DOT’s Chief Financial Officer (CFO), in consultation with the Office of State Budget and Management, Office of the State Controller, and the Fiscal Research Division, to align the DOT’s internal ledger and business practices with the DOT's certified budget in accordance with the standards established by the Governmental Accounting Standards Board (GASB). Requires completion by July 1, 2025.

    Requires the CFO, beginning October 1, 2024, and every quarter thereafter until the completion date above, to submit progress reports on implementation, including any legislative recommendations, to the specified NCGA committee and division.

    Section 35

    Requires DOT to designate the specified overpass in Columbus County as the Waccamaw Siouan Tribe Bridge.


  • Summary date: May 2 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes.  Requires the Division of Motor Vehicles of the North Carolina Department of Transportation (Division) to also study ways to modernize and improve dealer license plates issued by the Division, including the process for issuance and format and design of the plates. Requires the Division to report its findings, including any legislative recommendations, to the NCGA, the chairs of specified NCGA committees, and the Fiscal Research Division no later than December 31, 2023. Amends the service of process fee provisions in GS 1-105(b) to clarify that the $100 paid to the Commissioner of Motor Vehicles for service of process outside the United States is a fee, not a deposit. 


  • Summary date: Apr 27 2023 - View Summary

    House committee substitute amends the 1st edition as follows.

    Makes technical changes to the study required of the Division of Motor Vehicles (DMV) relating to mobile drivers licenses and mobile special identification cards. 

    Eliminates the proposed changes to GS 20-7, which (1) authorized the DMV to disclose a drivers license applicant’s Social Security number to the State Board of Elections to verify voter registration data and (2) increased the duration of a drivers license for a person between the ages of 18-66 from eight years to sixteen years.

    Makes the proposed changes to GS 20-43.1, regarding the disclosure of personal information in motor vehicle records, effective July 1, 2023, rather than the date the act becomes law.

    Deletes the proposed changes to GS 20-63 (relating to DMV commission contracts) GS 20-66 (relating to renewal of vehicle registrations) GS 20-85 (relating to various motor vehicle fees), and the proposed repeal of GS 20-85.1 (relating to registration renewals by mail and one-day title services/fees).

    Makes the proposed changes to GS 20-42, regarding fees permitted for DMV officers and employees' acknowledgement of signatures, effective July 1, 2023, rather than the date the act becomes law. 

    Amends the proposed changes to GS 20-63.02, specifying that DMV staff appointed by the Commissioner of Motor Vehicles (Commissioner) to the License Plate Agent Advisory Commission are ex officio members (was, all members appointed by the Commissioner, reflecting the new provisions which require the Commissioner to also appoint two contractors).

    Amends new GS 20-84(b1) to authorize the DMV (was, Commissioner) to require proof of eligibility for a permanent plate and revoke any permanent plates issued that do not meet the eligibility requirements. 

    Amends the proposed changes to GS 20-79.2, specifying that plates issued to dealers and repair facilities, or businesses contracting to take a vehicle to or from an auction, cannot be used on a vehicle that is towing or transporting the vehicle authorized to be operated with the transporter plate.

    Regarding the directed study of alternative material for the manufacture of registration plates by the Department of Transportation (DOT), requires consultation with the Department of Adult Correction rather than the Department of Public Safety. 

    Replaces the proposed changes to GS 20-347(d) regarding disclosure requirements on transfers of motor vehicle titles. Now exempts vehicles that are a model year 2010 or older (current law exempts vehicles 10 years or older, while the previous edition exempted vehicles 20 years old or older). Adds a new exemption for vehicles that are a model year 2011 or newer which are transferred at least 20 years after January 1 of the calendar year corresponding to its designated model year.

    Deletes the proposed changes to GS 20-49.1 (relating to the supplemental police authority of DMV officers); GS 20-79 (relating to dealer license plates); GS 20-87 (relating to passenger vehicle registration fees); GS 20-288 (relating to motor vehicle dealer licensing); and GS 20-289 (relating to motor vehicle dealer licensing fees).

    Revises the proposed changes to GS 20-79.1 to no longer make it a Class I felony to violate GS 20-211(6) with regard to a temporary registration plate or marker.

    Replaces the substantive provisions of new GS 20-79.1B with the following. Requires the DMV, by January 1, 2024, to implement a statewide print-on-demand temporary registration plate system for on-demand printing of temporary registration plates with vehicle owner information electronically associated and transferred to the DMV, in lieu of those issued under GS 20-79.1 and GS 20-50(b). Requires contracting with a qualified vendor who meets described experience criteria, after consultation with the specified stakeholders, to develop and implement the system. Establishes minimum standards, specifying contracting requirements and limitations as well as the costs, and lists required elements of the system, including the ability of dealers to directly connect to the system for issuance. Provides for a secure procedure to obtain plate materials from a registered distribution or the DMV, with the DMV required to register two distributors in the State as specified. Requires all motor vehicle dealers and other entities that issue at least five temporary registration plates annually to exclusively use the print-on-demand temporary registration plate system for issuance of all such plates to vehicle owners and lessees, beginning October 1, 2024. Authorizes the DMV to adopt implementing rules. 

    Makes a technical change to the proposed changes to GS 143-341 relating to the Department of Administration's powers and duties. 

    Amends proposed GS 20-131(d1) to require modified headlamps to comply with the identified Federal Motor Vehicle Safety Standard.

    Makes a technical change to the proposed changes to GS 1-105 relating to service upon nonresident drivers.

    Amends GS 44A-4 to allow the DMV to issue notice of asserted lien and proposed sale of a motor vehicle to the person having legal title to the property by certified mail, and that person to notify the DMV of their desire for a hearing to contest the sale, by certified mail with electronic tracking as an alternative to the existing required notices by certified mail, return receipt requested. Adds that in lieu of the notice and payment of the fee by the lienor to the DMV and the notices issued by the DMV, the lienor is permitted to issue notice pursuant to the same notice requirements by certified mail, return receipt requested, or certified mail with electronic tracking to the person having legal title to the property, which is deemed to have the same effect as if the DMV sent the notice (previously, allowed for the lienor to issue the notice in lieu of the other notices, but did not specify sending requirements and did not explicitly deem such notice to have the same effect as that of the DMV). Similarly, allows the DMV to issue notice of asserted lien and proposed sale property other than a motor vehicle to the person having legal title to the property and the person with whom the lienor dealt if different by certified mail, and that person to notify the DMV of their desire for a hearing to contest the sale, by certified mail with electronic tracking as an alternative to the existing required notices by certified mail, return receipt requested.

    Enacts GS 66-201.1, requiring rental car companies to make a good-faith effort to ensure that any vehicle license and registration fees collected do not exceed the actual costs incurred by the rental car company to license, title, inspect, and register rental vehicles. Requires any amounts collected in excess of the actual amounts of its costs incurred to be retained and applied to the costs incurred in the next calendar year for licensing, titling, inspecting, and registering rental vehicles, with the good faith estimate of any vehicle license and registration fees to be charged for the next calendar year to be reduced by the excess amount collected from the prior year. Repeals identical existing language in the definition of vehicle license and registration fees set forth in GS 66-201(8). Defines rental vehicles to include all vehicles of the cargo type; excludes vehicles used to transport commercial freight or which require the operator to possess a commercial license. Effective October 1, 2023.

    Amends GS 20-4.01 to define notarization and signature, applicable to the motor vehicle laws of GS Chapter 20, to include remote electronic notarization electronic signature technology, as described. Amends GS 20-72 to permit execution of motor vehicle title assignments or transfers in a manner that conforms with Article 40, GS Chapter 66, governing electronic signature technology. Enacts GS 20-292.2 to allow the Chapter's signature requirements to be satisfied using electronic signature technology that conforms to Article 40, GS Chapter 66, and the Chapter's notarization requirements to be satisfied using a remote electronic notarization that conforms to Article 2, GS Chapter 10B, or those recognized by GS 10B-20(f) or GS 10B-40(e). Requires the DMV to accept electronic submission of documents by dealers which meet these requirements. Effective July 1, 2023.

    Amends GS 20-79.1, extending the time period within which dealers must deliver registration plate applications and fees to the DMV after issuance of a temporary registration plate or marker from 30 days to 60 days. Deems temporary plates expired 60 days (was, 30 days) from the date of issuance. Makes conforming changes throughout to refer to a 60-day period rather than a 30-day period. Effective July 1, 2023. 

    Changes headings throughout.


  • Summary date: Apr 26 2023 - View Summary

    House committee substitute to the 1st edition is to be summarized. 


  • Summary date: Feb 27 2023 - View Summary

    Amends GS 20-4.01 effective July 1, 2025, by adding new definition mobile drivers license which means a supplemental digital version of a valid drivers license that (1) is approved by the Commissioner, (2) is issued by the Division of Motor Vehicles, (3) is comprised of the same data elements as are found on a valid drivers license, and (iv) is capable of, and limited to, being linked to, and displayed by a mobile device owned by the person to whom the valid drivers license is issued. Requires the Division of Motor Vehicles (DMV) of the North Carolina Department of Transportation (Department) to study and provide a plan for implementing mobile drivers’ licenses and mobile special identification cards. Requires DMV to report its findings and recommendations to the NCGA, and specified NCGA committee chairs and division by no later than January 1, 2024.

    Amends GS 20-7 (pertaining to issuance and renewal of driver’s licenses) as follows. Adds disclosure of an applicant’s social security number to the State Board of Elections to verify voter registration data as an additional circumstance where the DMV is authorized to disclose a driver’s license applicant’s social security number. Increases the duration of a driver’s license for a person between the ages of 18-66 from eight years to sixteen years. Makes conforming changes. Effective October 1, 2023.

    Enacts new subsection (m1) to GS 20-7 authorizing the Commissioner to issue a mobile driver’s license as a supplemental license upon request of a valid license holder. Specifies that a mobile driver’s license should be treated as the legal equivalent of a valid license.  Effective July 1, 2025. 

    Amends GS 20-17.8 (a1) (ignition interlocks) to expand the scope of persons required to agree to ignition interlock restrictions to include persons whose licenses were revoked for felony or misdemeanor death by vehicle (except for a person engaged in impaired driving), felony serious injury by vehicle, aggravated felony serious injury by vehicle, aggravated felony death by vehicle, and repeat felony death by vehicle offender. Effective December 1, 2023, and applies to offenses committed on or after that date. 

    Amends GS 20-43.1 (disclosure of personal information in motor vehicle records) to enact new subsection (c1) permitting the DMV to adopt rules restricting disclosure of personal information about any person who is a current or former federal or state judicial officer, to the extent permitted under federal law.  Amends GS 20-43.1(e1) to increase fee for disclosure of certain records from $1to $5per individual record.

    Amends GS 20-63.1 (pertaining to reflectorized registration plates) by removing (1) DMV’s obligation to develop standards for reflectivity that use the most current technology available while maintaining a competitive bid process and (2) mandatory replacement of plates every seven years.

    Amends GS 20-63 (pertaining to commission contracts for plates, registration certificates and certificates of title) to expand scope of DMV offices authorized to issue these documents through commission contracts to all DMW offices in within the state. (Currently, exempts Wake, Cumberland, and Mecklenburg DMV offices.) Effective October 1, 2023.

    Repeals GS 20-85.1 (pertaining to registration renewals by mail and one-day title services/fee) and incorporates those matters into GS 20-85 and GS 20-66 as described below. Effective October 1, 2023.

    Amends GS 20-66 (pertaining to renewal of vehicle registrations) to permit renewal of registration by mail.  Effective October 1, 2023.

    Amends GS 20-85 (setting forth fee schedule pertaining to certificates of title, registration cards, and motor vehicle plates) by adding a $105.75 fee for each application for a certificate of title prepared and delivered using a one-day title service. Designates an additional 20 cents from that fee to be credited to the Mercury Pollution Prevention Fund (this provision is repealed effective June 30, 2031). Increases the amount of certain fees credited to the North Carolina Highway Fund from $1.00 to $2.00 of each fee imposed, including the one-day titling fee. Effective October 1, 2023. 

    Amends GS 20-42 to increase the acknowledgement of signature fees from $2 to $6 for one signature; $3 to $7 for two signatures, and $4 to $8 for three or more signatures.

    Amends GS 20-63.02(b) to change the composition of the License Plate Agent (LPA) Advisory Commission as follows: (1) reduces the number of persons appointed by the North Carolina Association of Motor Vehicle Registration Contractors (Association) from six to four (and those appointees must now be members of the Association); and (2) now allows the Commissioner to appoint two individuals who are contractors but not members of the Association. (Number of staff appointees remain the same.) Sets term limit of two consecutive terms.

    Amends GS 20-84,pertaining to permanent registration plates, as follows. Deletes GS 20-84(b)(6) and (10) (listing motor vehicles owned by an incorporated emergency rescue squad and rural fire department, agency, or association, respectively). Incorporates those provisions into new GS 20-84(b)(21), which authorizes permanent registration plates for those same entities so long as the entity can establish that the entity (1) is listed in the Emergency Medical Services (EMS) System Plan in the county to which the entity provides services, (2) maintains an active provider number issued by the North Carolina Office of EMS, and (3) actively provides first responder services to a county, city, or town in the State. Authorizes the Commissioner to require proof eligibility of any vehicle that may apply for a permanent registration plate, with power to revoke any permanent plates issued to an entity that does not meet those requirements.

    Amends GS 20-79.2 (pertaining to transporter plates) as follows. Bars plates issued to a business or a dealer from being used to deliver truck cabs or bodies manufactured, constructed, or rebuilt in another state. Specifies that transporter plates can only be issued to a financial institution that has a recorded lien on a vehicle located in North Carolina. (Currently, just requires a recorded lien on a motor vehicle.) Specifies that plates issued to a dealer or repair facility to pick up and deliver a motor vehicle that is to be repaired can only authorize the operation of the vehicle to be repaired. Specifies that plates issued to a dealer or a business that contracts with a dealer and has a business privilege license to take a motor vehicle either to or from a motor vehicle auction where the vehicle will be or was offered for sale can only authorize operation of the vehicle offered for sale.  Adds requirement that a vehicle must both be registered and titled (was, registered) in the State for transporter plates related to driving older vehicle to a parade or other public event; sets limit of number of plates issued to a person for that purpose to two.   

    Requires the DMV, in consultation with the Department of Public Safety (DPS) to study the use of alternative materials for manufacturing the registration plates issued by the DMV. Requires the DMV to report its findings and any legislative recommendations to the NCGA, specified NCGA Committee chairs, and division by January 1, 2024.

    Amends GS 20-347 (pertaining to disclosure requirements specified on the title in connection with the transfer of the motor vehicle) to increase the older vehicle exemption from the disclosure requirements from vehicles older than 10 years to 20 years.

    Amends GS 20-79.5 (pertaining to special registration plates for elected and appointed State government officials) to add provision authorizing multiple plates with the same numeric designation. Directs DMV on how to differentiate multiple plates.  

    Amends GS 20-49.1 (pertaining to supplemental police authority of DMV officers) to increase the scope of when officers have the authority to enforce criminal laws to when they have probable cause to believe that a criminal act had immediately occurred, or is in the process of occurring, on physical property owned, operated, or maintained by either the North Carolina Department of Transportation or the DMV, or property operated as a  license plate agency for and overseen and regulated by the DMV. (Currently, just probable cause to believe that a person has committed a criminal act in their presence.) Deletes language only authorizing police authority when, at the time of the violation they are engaged in the enforcement of laws otherwise within their jurisdiction. Adds additional emergency authorization for officers to exercise police power when an emergency exists and response by DMV personnel could not protect life and property. Specifies that when officers are providing temporary assistance at the request of the head of State or a local law enforcement agency/designee that the DMW officers will be considered an officer of the State (currently, not an officer, employee or agent of the State), but with the same law enforcement authority of the local law enforcement agency/designee asking for assistance. (Currently does not have that same enforcement authority.) 

    Amends GS 20-79 (dealer license plates) to increase number of months a dealer must be licensed to obtain dealer plates from 12 months to 24 months. Makes conforming changes to table demonstrating permitted the maximum dealer plates based on number of vehicles sold in 24-month period. (Currently, looks at number of vehicles sold in 12-month period) Makes a conforming doubling of  the amount of vehicles that must be sold for each category of maximum number of plates. Makes additional conforming changes.

    Amends GS 20-87 (pertaining to passenger vehicle registration fees) to increase fees for private passenger vehicles of not more than 15 passengers from $36.00 to $38.75 and for those vehicles holding over 15 passengers from $40.00 to $43.25. Increases dealer plate fee for passenger vehicles to double the regular fee for each of the first 5 plates issued and the regular fee for any others beyond those initial five. (Currently, dealer fee is regular fee for first 5 plates and half of regular fee for any others.)

    Amends GS 20-288 (pertaining to licensures for motor vehicle dealers) as follows. Amends subsection (a1) (licensure requirements for used motor vehicle dealers) as follows. Increases the course requirement to two 12-hour courses within the last 24 months for initial applicants and two 6-hour courses for renewals (currently, one 12-hour (initial applicant) or 6-hour (renewal applicant) course in a 12-month period). Extends licensure period from one year to two years. Permits corporate surety to give notice of nonrenewal of surety bond by certified mail or electronically if the license holder has consented to electronic delivery of notice. (Currently, must give notice by delivery or certified mail.) 

    Amends GS 20-289 to increase license fees for motor vehicle dealers/distributors/distributor branches and wholesalers ($97.00 to $115.00), manufacturers ($210.25 to $420.50 and to $260 from $130 for each factory branch), sales representatives ($21.50 to $25.00), and factory/distributor representatives ($21.50 to $43.00). Effective October 1, 2023, and applies to plates issued, fees paid, or applications submitted on or after that date.

    Amends GS 20-79.1 (pertaining to use of temporary plates in lieu of dealer plates) as follows. Notwithstanding any provision of GS 20-111 to the contrary, makes violation of subdivision (2) (involving the improper display or possession of a registration card, certificate of title or registration number plate knowing it is invalid for specified reasons) or (6) (prohibiting giving, lending, selling, or obtaining a certificate of title in order to use it for any purpose other than the registration, sale, or other use in connection with the vehicle for which the certificate was issued)of GS20-111  punishable as a Class I felony (currently class 3 misdemeanor and class 2 misdemeanors, respectively). Effective December 1, 2023, and applies to offenses committed on or after that date.

    Enacts new GS 20-79.1B (pertaining to print-on-demand temporary registration plates) as follows. Authorizes the DMV to develop and implement procedures necessary for issuance of temporary license plates by dealers to vehicle owners, using print-on-demand technology. Requires all dealers licensed on or after the effective date of the program to to purchase and issue only print-on-demand temporary license plates, if DMV decides to implement such a program. Bars DMV from imposing a requirement relating to the minimum number of sets of temporary plates that must be purchased by a dealer pursuant to a print-on-demand temporary license plate program. Except as otherwise provided in this section, specifies that print-on-demand temporary license plates issued pursuant to GS 20-79.1B are subject to all conditions and limitations set forth Article 3 of GS Chapter 20 except as otherwise provided by the new section. Effective January 1, 2024. Authorizes DMV to adopt rules relating to print-on-demand temporary plates prior to effective date.

    Amends GS 143-341 (powers and duties related to general services) to increase scope of those powers and duties related to the central motor fleet to permit the DMV to own and maintain custody and control over a fleet of vehicles used in specialized investigative operations. Specifies the vehicles may be received, titled, transferred, or sold as deemed appropriate by the Commissioner.

    Amends GS 20-131 (pertaining to headlamp and auxiliary driving lamp requirements) to require that any headlamp installed on a vehicle after initial manufacture of the vehicle to comply with Federal Motor Vehicle Safety Standard (FMVSS) 108.

    Updates GS 1-105 (service of process upon nonresident drivers of motor vehicles or personal representatives of deceased nonresident drivers) as follows. Makes terms gender neutral. Makes technical and clarifying changes. Increases service of process fee from $10 to $20. Enacts new subsection pertaining to service of process upon a defendant in a place not within the United States. Requires the Commissioner to require a deposit of $100 and delivery by private carrier with proof of actual delivery to the defendant. Effective July 1, 2023, and applies to service upon nonresident drivers on and after that date.


  • Summary date: Feb 23 2023 - View Summary

    To be summarized.