Bill Summary for S 446 (2015-2016)

Summary date: 

Jul 28 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 446 (Public) Filed Wednesday, March 25, 2015
AN ACT TO PROVIDE FOR THE UNIFORM TREATMENT OF FRANCHISED DEALER LOANER VEHICLES; TO CLARIFY THAT AGENTS OR AGENCIES OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE SHALL HAVE AUTHORITY TO PROCURE AND OPERATE UNMANNED AIRCRAFT SYSTEMS UPON APPROVAL OF THE STATE CHIEF INFORMATION OFFICER AND TO MODIFY THE REGULATION OF UNMANNED AIRCRAFT SYSTEMS TO CONFORM TO FAA GUIDELINES; AND AUTHORIZING BRUNSWICK COUNTY TO REGULATE NAVIGABLE WATERS WITHIN ITS BOUNDARIES.
Intro. by B. Jackson.

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Bill summary

House committee substitute deletes all provisions of the 1st edition and replaces it with an act to issue loaner/dealer license plates, regulate commercial and State use of unmanned aircraft systems, and provide for Brunswick County to regulate its navigable waters. 

Uniform Treatment of Franchised Dealer Loaner Vehicles

Removes the 1st edition's amendment to GS 20-79(d), pertaining to restrictions on the use of vehicle dealer license plates, and allowing their use on vehicles loaned by the dealer to customers whose vehicle is being serviced or repaired by the dealer. Adds instead new GS 20-79.02 to provide for loaner/dealer "LD" license plates issued by the Division of Motor Vehicles and distinct from the dealer license plates of GS 20-79. The new section allows dealers to apply for LD license plates for use on new motor vehicles owned by the dealer and loaned, whether with or without charge, to customers having their vehicles serviced. The section provides for an annual fee of $200 and includes conforming changes related to the design, use, and issuance of LD license plates as well as sanctions for their misuse. The section becomes effective July 1, 2016; use of the LD license plates is voluntary until January 1, 2019, and mandatory after that date to the extent the dealer receives (1) incentives or warranty compensation from the vehicle manufacturer or distributor or (2) a fee or other compensation from the customer.

Amends GS 20-79 to allow dealers to issue demonstration permits to customers taking a loaner vehicle at no additional charge, whether or not the dealer receives incentives or compensation from the manufacturer or distributor. This change expires December 31, 2018.   

Makes certain conforming changes to the definitions of U-Drive-It vehicles in GS 20-4.01(48a) (expiring on December 31, 2018) and to the term motor vehicle GS 20-286(10). 

Unmanned Aircraft Systems

Amends SL 2013-360, as amended, to allow the State Chief Information Officer, until December 31, 2015, to approve or disapprove of (1) the procurement or operation of an unmanned aircraft system by State agencies or political subdivisions of the State, and (2) the disclosure of personal information about any person acquired through the operation of an unmanned aircraft system by State agencies or political subdivisions. Current law prohibited these activities absent an exception granted by the Chief Information Officer. Requires the Chief Information Officer to report decisions made under this subsection to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. Allows State agencies or political subdivisions to procure and operate an unmanned aircraft system prior to the implementation of the knowledge and skills test required by GS 63-95. The amendment makes certain conforming changes pertaining to the knowledge and skills test. 

Amends GS 63-96, which requires a license for commercial operation of unmanned aircraft systems, to align with federal regulations by replacing the term "license" with "permit." Lowers the age at which a person may receive a permit to 17 from 18. The amendment includes a section declaring that a person authorized by the Federal Aviation Administration for commercial operation of an unmanned aircraft system will not be in violation of GS 63-96 prior to the implementation of the knowledge test and permitting process. 

Brunswick County to Regulate Navigable Waters Within its Boundaries

Adds sections allowing the Board of Commissioners of Brunswick County to adopt and enforce ordinances for the county's navigable waters that relate to the operation and anchoring of boats and vessels. Includes a severability clause.

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