Bill Summary for H 212 (2023-2024)
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AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO CONDITIONALLY RESTORE THE DRIVERS LICENSES OF PERSONS WHO HAVE SUCCESSFULLY COMPLETED A DRUG TREATMENT OR DWI TREATMENT COURT PROGRAM AND TO DIRECT THE DIVISION OF MOTOR VEHICLES TO ESTABLISH A PILOT PROGRAM TO ASSIST PERSONS RECEIVING A CONDITIONAL RESTORATION WITH THE COST OF INSTALLING AN IGNITION INTERLOCK SYSTEM.Intro. by Clampitt.
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Amends GS 20-19 (suspension or revocation of driver’s license and conditions of restoration) by enacting new subsection (d1) as follows. Permits the Division of Motor Vehicles (DMV), when a person has been convicted of an impaired driving offense and was sentenced under GS 20-179, to conditionally restore a person’s license after the license has been revoked for at least one year if the person provides the DMV all of the following: (1) a certificate of graduation from a Drug Treatment or Driving While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of GS Chapter 7A; (2) a letter of recommendation from the presiding judge of the Drug Treatment or DWI Treatment Court, and (3) a fee of $25 in addition to other fees, with the $25 to be deposited in the Highway Fund.
If a license is restored, specifies that the DMV will impose the following requirements and restrictions on the person’s license for the duration of the original revocation period: (1) a requirement that all registered vehicles owned by that person be equipped with a functioning ignition interlock system in line with the requirements of state law set forth in GS 20-17.8(c1); (2) a restriction that the person may operate only a motor vehicle equipped with a functioning ignition interlock system of a type approved by the Commissioner that is set to prohibit driving with an alcohol concentration of greater than 0.00; (3) a requirement that the person personally activate the ignition interlock system before driving the motor vehicle. Permits the DMV to impose other reasonable requirements, restrictions, and conditions on the person in addition to the three specified above.
Directs the DMV to establish a pilot project to cover the costs for persons installing ignition interlock systems on their vehicles as required by GS 20-19(d1). Specifies that persons seeking funding must provide proof satisfactory to the DMV of their inability to pay costs associated with installing an ignition interlock system on their vehicle. Authorizes the DMV to impose other reasonable restrictions, requirements, and conditions it deems necessary on persons seeking funding under the pilot project. Requires the DMV to submit a report to the 2024 Regular Session of the 2023 NCGA detailing the total amount of funds spent under the pilot project, the number of persons who received funds under the pilot project, and the average amount of funds provided per person under the pilot project. Appropriates $250,000 from the Highway Fund to the DMV in nonrecurring funds for 2023-24 to be used for the pilot. Specifies that any unspent or unencumbered funds remaining upon the expiration of the pilot project revert to the Highway Fund. Expires June 30, 2024.
Effective July 1, 2023.