Bill Summary for S 391 (2025-2026)

Printer-friendly: Click to view
Bill: DOT OMNIBUS.

Summary date: 

Mar 24 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
Senate Bill 391 (Public) Filed Monday, March 24, 2025
AN ACT TO REVISE LAWS CONCERNING THE DEPARTMENT OF TRANSPORTATION.
Intro. by Rabon, Sawyer, Lazzara.

View: All Summaries for BillTracking:

Bill summary

Amends GS 20-322 to require commercial driver training schools preparing individuals for a limited learner's permit or provisional license to meet, at minimum, the curriculum requirements of GS 115C-215(b), but if offered through public schools, the training school must meet all requirements of GS 115C-215 for driver education programs offered in public schools (currently, requires all driver education courses offered in preparation for a learner's permit or provisional license meet all requirements of GS 115C-215).

Amends GS 20-288(b2), which provides that the death of a co-owner of a licensed dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler applying for licensure renewal is not a change of ownership requiring application for licensure as a new business so long as there are no new co-owners of changes in the structure of the entity. Now replaces the provision to instead provide that a change in ownership of a licensed dealer is not grounds for denial, suspension, or revocation of a license or require application for licensure as a new business so long as any new owner is otherwise qualified for licensure and approved by the Division of Motor Vehicles (Division). 

Changes the monthly cash balance required of the Department of Transportation (DOT) under GS 143-6-11 to a minimum of 45 days of the total appropriations for the current fiscal year from the Highway Fund and the Highway Trust Fund (funds) (was, at least 7.5% of the appropriations to those funds). Changes the goal for using cash flow financing for transportation projects to reduce the combined average daily cash balance of the funds to 75 and 120 days of the total appropriations for the current fiscal year from those funds (was, an amount equal to between 15-20% of the total appropriations from those funds).

Amends GS 136-19.4 to no longer require DOT to certify with the county register of deeds profile sheets or copies thereof for final right-of-way plans of all DOT projects for which plans are prepared and real property interests are acquired or access is controlled. Requires DOT to certify the plan sheets with the register of deeds at the completion of the project (was, within two weeks from their formal approval by the Board of Transportation (BOT), and required certification of amended plans approved by BOT within two weeks of their adoption). Makes conforming changes.

Amends GS 136-89.193 to no longer require the Turnpike Authority (Authority), by concurrence with BOT, to annually develop a plan of work and budget for the fiscal year. Eliminates the requirement for the Authority to annually report to the specified NCGA committee described information for one-time toll users and civil penalties.

Amends GS 136-89.214 to allow the Authority to send a toll bill to the email account on file with the DMV of the registered owner of the vehicle or person who had care, custody, and control of the vehicle, subject to written consent.

Amends GS 136-89.183, removing the 11-project cap for Turnpike projects the Authority is authorized to design, establish, purchase, construct, operate, and maintain. Specifies that the list of Turnpike projects that must be included is not exhaustive.

Amends GS 136-89.188 to limit the revenues derived from a Turnpike project to associated costs of the project or a planned contiguous toll facility identified in a transportation plan adopted by an affected Metropolitan Planning Organization (was, associated costs or a contiguous toll facility).

Amends GS 136-76.2, which establishes DOT's bridge program whereby appropriated funds are used for improvements to culverts associated with a component of the State highway system and improvements to structurally deficient and functionally obsolete bridges. Modifies exceptions to the list of exceptions to the general requirement that projects funded under the bridge program must be outsourced to private contractors to now except projects for the installation of culverts and structures, described in subsection (b), on low volume or non-outlet roads (was, the installation of culverts in cases of emergency only).

Amends GS 126-6.3 to exempt the Ferry Division from the required use of the Temporary Solutions Program administered by the Office of State Human Resources when there is an established need for peak season hires or when the work requires a specific skill set beyond the scope of temporary employees.

Amends GS 136-12 to require DOT to make a full printed and detailed report to the NCGA by the tenth day of each regular session that includes the cost of maintenance and construction work undertaken, receipts of license fees, disbursements, and other relevant financial information to illustrate the financial condition of DOT during the previous fiscal year (previously, required an annual report to a specified NCGA committee by March 1 on the allocation and expenditure of maintenance and construction funds).

Amends GS 136-82 to authorize DOT to add a transaction fee for electronic payments, not to exceed 2% of the electronic payment.

Makes the above changes effective on the date the act becomes law.

Amends the following concerning the acquisition and condemnation of property by DOT. Amends GS 136-108 to specify that the effect of the imposition of easements is an issue of damages and not subject to consideration by the court in the same manner as issues raised by the pleadings that must be heard and determined by the court under GS 136-108. Includes a non-exhaustive list of the types of easements included in this category of damages, such as permanent utility easements, permanent drainage easements, and slope easements.

Amends GS 136-112, governing the measurement of damages, to specify that evidence of the damages resulting from the imposition of easements, including those listed in GS 136-108 as amended, are not presumed to be based on DOT exercising its rights to the fullest extent of the law and must be based on consideration of the project plans and other admissible market evidence.

Amends GS 136-89.52 to prohibit construing the imposition of easements, including those listed in GS 136-108, to constitute the imposition of new control-of-access or the taking of the property owner's abutters easement of access. Applies to causes of action arising on or after July 31, 2025.