Bill Summary for H 959 (2015-2016)

Summary date: 

Jun 29 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 959 (Public) Filed Monday, April 25, 2016
AN ACT TO MAKE VARIOUS CHANGES TO THE TRANSPORTATION LAWS OF THE STATE, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE.
Intro. by Iler, Torbett.

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Bill summary

Conference report makes the following changes to the 4th edition.

Section 2

Changes the effective date of the section to effective when the act becomes law (previously, July 1, 2016).

Section 2.1

Amends proposed subsection (i) of GS 20-119 (special permits for vehicles of excessive size or weight) to remove multiple pieces of construction equipment transported on the same vehicle from being considered a nondivisible load for purposes of permit issuance pursuant to the statute. Now, provides that only one, two, or three steel coils, transported on the same vehicle, are considered a nondivisible load for purposes of permit issuance pursuant to the statute.

Section 2.3

Extends the sunset provision from December 31, 2016, to July 1, 2017, to SL 2009-235, which enacted GS 136-28.6A to authorize the Department of Transportation (DOT) to partner with private developers on transportation improvement projects and provide funding directly to the private developer.

Section 12.6

Amends GS 58-36-3(a) (effective July 1, 2016) concerning the jurisdiction of the North Carolina Rate Bureau, to establish that the Bureau has no jurisdiction over insurance against theft of or physical damage to mopeds (previously, no jurisdiction over liability insurance and theft or physical damage insurance on mopeds), as defined in GS 20-4.01(27)d1 (previously, as defined in GS 105-164.3). Amends subsection (b) (effective July 1, 2016), providing for motorcycle and moped endorsements, by deleting the provisions specifically providing for mopeds and instead making the provisions relating to motorcycles also apply to mopeds. Now, subsection (b) provides that member companies writing motorcycle or moped liability insurance under Article 36 of GS Chapter 58 (North Carolina Rate Bureau) and writing insurance against theft of or physical damage to motorcycles or mopeds under Article 40 of GS Chapter 58 (Regulation of Insurance Rates) can incorporate motorcycle and or moped theft and physical damage coverage as an endorsement to the liability policy issued under Article 36.

Amends GS 58-37-1(6), which sets out the definition of motor vehicle as it applies to Article 37 of GS Chapter 58 (North Carolina Motor Vehicle Reinsurance Facility), to establish that motor vehicle also means a motorcycle, as defined in GS 20-4.01(27)d, and a moped, as defined in GS 20-4.01(27)d (previously, established that a motor vehicle does not mean a moped, as defined in GS 105-164.3, and that notwithstanding any other provisions of the Article, liability insurance on a moped is not eligible for cession to the Reinsurance Facility).

Amends GS 58-37-35, concerning administration of the Reinsurance Facility, to additionally exclude availability of medical payment coverage, as specified, from mopeds where coverage is excluded for motorcycles in subsection (b).

Amends GS 58-40-10(1), which defines private passenger motor vehicle as it applies to Articles 40 (Regulation of Insurance Rates), 36 (North Carolina Rate Bureau), and 37 (North Carolina Motor Vehicle Reinsurance Facility) of GS Chapter 58. Changes subdivision c, effective July 1, 2016, to provide that private passenger motor vehicle means a motorcycle, motorized scooter, moped, or other similar motorized vehicle not used for commercial purposes (previously provided that a moped, as defined in GS 105-164.3, is not considered a motorcycle, motorized scooter, or other similar motorized vehicle).

Amends GS 58-40-15, which sets out exemptions to Article 40 of GS Chapter 58 (Regulation of Insurance Rates) that are effective July 1, 2016, by deleting the provision of subsection (9) that made the Article applicable to motor vehicle liability insurance, automobile medical payments insurance, uninsured motorists' converge, and theft or physical damage insurance on mopeds, as defined in GS 105-164.3. Amends subsection (10) to provide that the Article applies to insurance against theft of or physical damage to motorcycles, as defined in GS 20-4.01(27)d, and mopeds, as defined in GS 20-4.01(27)d1 (previously, did not include mopeds).

Effective July 1, 2016.

Section 13

Makes technical and conforming change to proposed GS 20-4.01(27)c2 (defining motor-driven bicycle).

Deletes the proposed revisions to GS 58-36-3(a), concerning the jurisdiction of the North Carolina Rate Bureau, that were to become effective December 1, 2016.

Deletes the proposed revisions to GS 58-40-10(1)c, defining private passenger motor vehicle, that were to become effective December 1, 2016.

Amends GS 20-51, which sets out exemptions from the requirement of registration and certificate of title under the Motor Vehicle Act of 1937, to exclude personal assisted mobility devices as defined in GS 20-4.01(7b) (conforming change to technical revisions made by the act to GS 20-4.01; previously, as defined in GS 20-4.01(7a)).

Section 13.1

Deletes the proposed revisions to GS 20-4.01(2), concerning the definition of canceled, as that term applies to driver's licenses and permits.

Deletes the proposed revisions to GS 20-7(e), which provided that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV. 

Deletes the proposed revisions to GS 20-9(e) concerning the DMV's medical evaluation program, which provided that applicants that suffer from a mental disability that affects motor vehicle operation can be required to file a certificate of the condition signed by a medical authority designated by the DMV. Deletes the proposed revisions to GS 20-9(g), which sets out conditions for the DMV to issue or unrestrict a driver's license to an otherwise eligible applicant suffering from a physical or mental disability or disease that affects his or her ability to exercise reasonable and ordinary control of a motor vehicle.

Deletes the proposed revisions to GS 20-9.1, which specified a new immunity from liability for physicians, psychologists, and other medical providers making recommendations concerning abilities to operate a motor vehicle and provided that other medical providers licensed to practice can issue opinions about a patient's ability to safely operate a motor vehicle. 

Deletes the proposed revisions to GS 20-15(a), which enacted two new subdivisions for when the DMV is authorized to cancel a driver's license: (1) when the licensee suffers from a physical or mental disability or disease that affects ability to safely operate a motor vehicle and (2) when the licensee fails to submit the certificate required pursuant to GS 20-7(a) and GS 20-9(g).

Section 14

Deletes the proposed revision to GS 124-5.1, which allowed the Freight Rail & Rail Crossing Safety Improvement Fund to be used for the enhancement of short-line railroad assistance, in addition to the existing authorized uses, and added other types of short-line railroad projects to the list of project types that the Fund may be used for.

Deletes the proposed revisions to GS 136-44.39, which provided that State and federal assistance provided by DOT under the statute may include funds from the Rail Industrial Access Program and the Short Line Infrastructure Program, and such other programs as may exist or be established for these purposes.

Section 14.5

Amends GS 63-69, concerning the permit required to operate an unmanned aircraft system for commercial purposes, to decrease the age minimum from 17 to 16 years of age.

Section 15

Provides that damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of a transportation corridor official map under Article 2E (transportation Corridor Official Map Act) of GS Chapter 136 must be paid from the tier under Article 14B (Strategic Prioritization Funding Plan for Transportation Investments) of GS Chapter 136 in which the project covered by the transportation corridor official map was funded under or is programmed to be funded under.

Provides that, for projects that were not funded or are not programmed to be funded under Article 14B of GS Chapter 136, damages, right-of-way costs, and planning and design costs related to litigation concerning the adoption of the transportation corridor official map must be paid from the regional allocation of funds under Article 14B for the region covered by the transportation corridor official map.

Section 16

Amends GS 136-44.50, the Transportation Corridor Official Map Act, by adding a new subsection to prohibit a new transportation corridor official map from being adopted pursuant to the statute from July 1, 2016, to July 1, 2017.

Section 17

Rescinds all transportation corridor maps adopted pursuant to Article 2E of GS Chapter 136, and any amendments thereto. Provides that all restrictions under Article 2E no longer apply to properties or portions of properties within the affected transportation corridors. Requires DOT to post information concerning each map rescinded on its Web site, and provide notice of each map rescinded for the affected jurisdictions to (1) the office of the city clerk, (2) the county tax supervisor and city tax collector, (3) the register of deeds, and (4) the city and county planning agency.

Provides that nothing in this section is to be construed as tolling, delaying, or otherwise modifying the time in which a complaint must be filed under GS 136-11 (Remedy where no declaration of taking filed; recording memorandum action).

Section 18

Amends GS 24-1 to provide that the legal rate of interest is 8% per annum for such time as interest may accrue, and no more, except as otherwise provided in GS 136-113, which allows for interest as part of just compensation in condemnation cases by the DOT (previously, provided no exception).

Amends GS 136-113, concerning interest as part of just compensation in condemnation cases by the DOT, to eliminate the statutory reference to GS 24-1 relating to the addition of interest at the legal rate to the amount awarded as damages by the commissioners or a jury or judge. Instead, provides that for purposes of the statute, the term legal rate means the prime lending rate, as published by the Board of Governors of the Federal Reserve System on the first business day of the calendar month immediately preceding the date of taking. Further, establishes that the legal rate established under the statute cannot exceed the legal rate set in GS 24-1.

Applies to causes of action filed on or after the effective date of the act.

Section 19

Directs DOT to study the development of a process that equitably balances the interest of the State in protecting proposed transportation corridors from development, the property rights of affected landowners, and the taxpayers of the State. Requires quarterly reporting to the General Assembly and to the Joint Legislative Oversight Committee beginning October 1, 2017, and a final report by July 1, 2017. 

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