Bill Summary for S 490 (2021)

Summary date: 

May 6 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 490 (Public) Filed Thursday, April 1, 2021
AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS TO EMPLOYMENT.
Intro. by Hise, Britt, Mohammed.

View: All Summaries for BillTracking:

Bill summary

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

Revises new GS 20-24.1(g) to require the Division of Motor Vehicles (Division) to lift a revocation for failure to appear for a motor vehicle offense pursuant to subdivision (a)(1) 12 months after the effective date of revocation if the person furnishes proof to the satisfaction of the Division that the person is maintaining financial responsibility pursuant to state law (previously directed to restore a license 12 months after the effective date of revocation pursuant to subsection (a) for either failing to appear at trial or a hearing or to pay court-ordered fines, penalties or other court costs for motor vehicle offenses, if the person furnishes satisfactory proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months). Maintains the exclusion of revocation orders entered resulting from a charge of impaired driving. Adds a new provision establishing that any person whose drivers license was encumbered pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility is guilty of failure to maintain financial responsibility under GS 20-313 and driving while licensed revoked under GS 20-28(a4), as enacted. Adds a new subsection (h) providing the right to petition the court to order any penalty, fine, or costs which have resulted in revocation pursuant to subdivision (a)(2) for at least 12 months from the revocation's effective date which are not related to a conviction for an offense involving impaired driving be made by civil judgement. Requires a court to grant the petition upon proof by the person of no traffic offense conviction in the 12 months prior to the petition. Makes further clarifying changes. Makes language gender neutral.

Changes the effective date of the proposed changes to GS 20-24.1 and GS 20-7 to December 1, 2021 (was, effective on the date the act becomes law).

Further amends GS 20-28.1, regarding conviction of a moving offense committed while driving during a period of suspension of revocation, to specify that operating a motor vehicle without financial responsibility in violation of GS 20-313 is a "motor vehicle moving offense" under the statute. Revises the proposed additions to subsection (c) to now add that a person that applies for a license following revocation under the statute must furnish satisfactory proof to the satisfaction of the Division that the person is maintaining financial responsibility pursuant to state law (was, proof of motor vehicle liability insurance that complies with state law and is written for a term of at least 12 months). Adds a new provision establishing that any person whose drivers license was encumbered pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility is guilty of failure to maintain financial responsibility under GS 20-313 and driving while licensed revoked under GS 20-28(a4), as enacted.

Adds the following new content. 

Amends GS 20-28, enacting new subsection (a4), making it a Class 1 misdemeanor for a person to operate a motor vehicle upon a highway without maintaining financial responsibility as provided by law after the Division has restored the license pursuant to GS 20-24.1(h), as enacted, in addition to the penalty for violating GS 20-313 (a Class 3 misdemeanor). Applies to offenses committed on or after December 1, 2021.

Directs the Division to adopt implementing rules and provide a designation for the new offense of Driving After Restoration Without Insurance in the digital platform used by law enforcement.

Revises the effective date of SL 2015-186, as amended, which amends specified GS Chapter 20 sections to make certain driving while license revoked offenses that do not include revocations for impaired driving non-moving traffic offenses, making the act also applicable to offenses committed before December 1, 2015 (was, on or after that date).

© 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