Bill Summary for H 359 (2021-2022)

Summary date: 

Apr 28 2021

Bill Information:

View NCGA Bill Details2021
House Bill 359 (Public) Filed Monday, March 22, 2021
AN ACT TO TEMPORARILY WAIVE CERTAIN REQUIREMENTS THAT RELATE TO DRIVING ELIGIBILITY CERTIFICATES AND TO RESTORE CERTAIN PERMITS AND PROVISIONAL LICENSES REVOKED DUE TO CERTIFICATE INELIGIBILITY.
Intro. by Winslow, Moffitt, Torbett, Elmore.

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Bill summary

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

Revises and adds to the act as follows. 

More specifically requires the Division of Motor Vehicles (DMV) to waive the requirement that an applicant for a limited learner's permit or provisional license have a driving eligibility certificate or a high school diploma or its equivalent, so long as the applicant meets all other requirements for the limited learner's permit or provisional license, notwithstanding the provisions of GS 20-11(b), (d), (f), (h), and (n) (previously referenced the entire statute). Now provides for the expiration of the directed waiver on the last day of the 2021-22 school year (previously provided for the waiver for the 2020-21 and 2021-22 school years). Adds that a person holding a permit or license obtained with a waiver on the date of directed waiver provision's expiration is not required to have a driving eligibility certificate for continued validity until its expiration or the person's application for the next applicable level of provisional license. 

More specifically waives the requirement that a proper school authority provide notifications to the DMV that a person no longer meets the eligibility or conditions for a driving eligibility certificate under GS 20-11(n) for the 2020-21 and 2021-22 school year, notwithstanding the following requirements: GS 115C-12(28) (concerning the State Board of Education's duty to develop rules for the issuance of driving eligibility certificates), GS 115C-218.70 (concerning the duties of a designee of a charter school's board of directors for driving eligibility certificates), GS 115C-288(k) (requiring school principals to sign driving eligibility certificates and to notify the DMV), GS 115C-566 (concerning nonpublic school duties related to driving eligibility certificates), and GS 115D-5(a3) (concerning the State Board of Community Colleges' duties related to driving eligibility certificates) (previously, waived the requirements of the identified provisions for the same school years).

Adds that, notwithstanding the provisions of GS 20-13.2(c1), the DMV is prohibited from revoking a permit or provisional license of a person upon receipt of notification for the proper authority that the person no longer meets the requirements for a driving eligibility certificate under GS 20-11(n)(11); expires on the last day of the 2021-22 school year. 

Directs the DMV to restore the permit or license if revoked under GS 20-13.1(c1) due to ineligibility for a driving eligibility certificate under GS 20-11(n) at no charge, and expunge any record of revocation from the person's driving record. Applies to revocations resulting from notifications of ineligibility received by the DMV dated on or after the first day of the 2021-22 school year through the date the act becomes law. 

Changes the act's titles. 

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