Bill Summary for H 250 (2023-2024)

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Summary date: 

Jun 27 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 250 (Public) Filed Wednesday, March 1, 2023
AN ACT TO MAKE REVISIONS PERTAINING TO DEATH INVESTIGATIONS UNDER THE JURISDICTION OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER, TO MODIFY CERTAIN LAWS RELATED TO LIMITED DRIVING PRIVILEGES AND RESTORATION OF A LICENSE AFTER CERTAIN DRIVING WHILE IMPAIRED CONVICTIONS, TO MODIFY SECTION 5 OF SESSION LAW 2023-151 RELATED TO THE LICENSE PLATE READER PILOT PROGRAM, TO MODIFY THE RURAL ELECTRIFICATION AUTHORITY AND CERTAIN FEES, TO ALLOW SCHOOL BOARDS TO USE EMINENT DOMAIN FOR EASEMENTS, TO ADD TIANEPTINE TO THE CONTROLLED SUBSTANCE SCHEDULES, TO EXEMPT LEASES OF PROPERTY BY THE HALIFAX-NORTHAMPTON REGIONAL AIRPORT AUTHORITY FROM GENERAL LAWS REGARDING DISPOSAL OF PROPERTY AND TO ALLOW THE AUTHORITY TO ENTER INTO CERTAIN LEASES FOR A TERM OF UP TO FORTY YEARS, AND TO REMOVE THE VETERANS BURIAL RESIDENCY REQUIREMENT.
Intro. by Arp, K. Baker, Wray, Carson Smith.

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Bill summary

Conference report to the 4th edition makes the following changes. Amends the act's titles.

Removes Section 2, which amended the membership of the Commission on Indigent Defense Services.

Section 3

Further amends GS 20-179.3 as follows. Requires approved ignition interlock system vendors to report attempts to start the vehicle with an alcohol concentration greater than 0.02 or any other violations of Division policies or a violation of GS 20-17.8A to the DMV Commissioner. Amends the conditions under which a person must use an ignition interlock system to include persons eligible for a limited driving privilege. Amends what must be included in the judge’s limited driving privilege order to include the new report on attempts to start the vehicle, discussed above. Adds that the removal of the ignition interlock system before the end of the revocation period or any extension voids the limited driving privilege and the Division must remove the limited driving privilege from the person's driving record. Requires the interlock provider to notify the holder of the limited driving privilege that removal voids the limited driving privilege in accordance with Division policy. Requires the Division to notify the person by first class mail that the limited driving privilege is void and does not authorize driving due to removal of the ignition interlock system. Provides that a person holding a limited driving privilege who commits an ignition interlock system violation during the 90-day period immediately preceding the date on which the person's compliance is to end must have the period of revocation and authorization to drive with the limited driving privilege in compliance (was, have the period of compliance) extended for an additional period of 90 days or until the person has been violation-free for such extended period. Amends the definition of ignition interlock system violation to include any attempt to start the vehicle with an alcohol concentration greater than 0.02. Adds the requirement that the Division notify the holder of the limited driving privilege of any violation and the right to appeal in accordance with Division policy. Requires having a telephonic hearing if the holder appeals an extension and requires an extension to continue pending appeal. Requires the Division to mail notice of the extension to the person holding the limited driving privilege. Makes other technical and clarifying changes.

Amends GS 20-17.8, concerning restoration of a license after certain driving while impaired convictions, as follows. Adds that except for a conviction under GS 20-141.4(a2) for Misdemeanor Death by Vehicle, this statute also applies to a person whose license was revoked as a result of a conviction under GS 20-141.4 (Felony death by vehicle; felony serious injury by vehicle; aggravated offenses; repeat felony death by vehicle). Amends the license restrictions to also include the vendor reporting requirements discussed above. Amends the definition of ignition interlock system violation to include any attempt to start the vehicle with an alcohol concentration greater than 0.02. Adds the requirement that the Division notify the holder of the limited driving privilege of any violation and the right to appeal in accordance with Division policy. Requires having a telephonic hearing if the holder appeals an extension and requires an extension to continue pending appeal. Requires the Division to mail notice of the extension to the person holding the limited driving privilege.

Provides that if House Bill 199 (DMV Proposed Legislative Changes) becomes law, then Section 2 of that act (amending the scope of ignition interlock under GS 20-17.8) is repealed.

Changes the effective dates from July 1, 2024, to December 1, 2024.

Adds the following new content.

Amends Section 5(a) of SL 2023-151, concerning the pilot program allowing placement and use of automatic license plate reader systems within land or rights-of-way owned by the Department of Transportation, to allow the State Bureau of Investigation (SBI) to enter into an agreement under this section on its own behalf or as an administrative agent of a federal, state, or local law enforcement agency (was, local law enforcement agency in this state). Adds that any law enforcement agency selected to participate in the pilot program must give the SBI information on the agency's use of each automatic license plate reader system located within the Department of Transportation right-of-way; specifies what the information must include. Amends Section 5(b) by delaying the date by which the SBI must submit its reports by one year to 2026 and amends the information that must be included in the report. Amends Section 5(h) by extending the duration of the pilot program by a year to 2026.

Amends GS 117-3.1(b) to allow the North Carolina Rural Electrification Authority to propose a regulatory fee up to a maximum of 6 cents per meter as provided in the subsection for years where the General Assembly does not set a regulatory fee (was, the rate was the greater of the rate set by the General Assembly or 4 cents). Makes corresponding changes to GS 117-3.

Amends GS 115C-517 to provide that when a local board of education is unable to acquire or enlarge a suitable site, right-of-way, or easement, including utility easements necessary to support school facilities situated on a site, for a school, school building, school bus garage or parking area or access road suitable for school buses, or for other school facilities by gift or purchase, condemnation proceedings to acquire the site, right-of-way, or easement may be instituted by the local board of education under the provisions of GS Chapter 40A, and the determination of the local board of education of the land necessary for these purposes will be conclusive. Specifies that utility easements include easements for water, sanitary sewer, electric power, broadband, and telecommunications services. Effective July 1, 2024.

Adds tianeptine to the types of opiates or opioids considered a Schedule II controlled substance under GS 90-90. Applies to offenses on or after December 1, 2024.

Amends Section 4(a) of SL 1997-275, as amended, to allow the Halifax-Northampton Regional Airport Authority to lease any property, real or personal, belonging to the Airport Authority under terms the Authority deems proper. Specifies that Article 12 (Sale and Disposition of Property) of GS Chapter 160A does not apply to leases entered into by the Airport Authority. Changes the term of leases that the Halifax-Northampton Regional Airport Authority (Authority) may enter into concerning facilities related to the maintenance and furnishings of the air terminal from a term not to exceed 25 years to a term not to exceed 40 years. Also gives the Authority power to erect and construct buildings, hangars, shops, and other improvements and facilities, not inconsistent with or in violation of the agreements applicable to and the grants under which the real property of the Airport Authority is held and to lease those improvements and facilities for a term or terms not to exceed 40 years. Makes conforming changes.

Amends GS 65-43 by amending the definition of qualified veteran, as it applies to GS Chapter 65, Article 8A (Veterans Cemeteries), by removing the state residency requirements. Makes conforming changes to GS 65-43.2.