Bill Summary for H 1145 (2013-2014)

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Summary date: 

Jun 25 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1145 (Public) Filed Tuesday, May 20, 2014
Intro. by Shepard, R. Brown, Millis.

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Bill summary

Senate committee substitute makes the following changes to the 4th edition:

Deletes all of the provisions in the previous edition. 

Changes the short and long titles.

Amends GS 20-10.1, regarding mopeds, providing that mopeds are now required to be registered with the Division of Motor Vehicles (DMV). Fees and registration card and plate requirements are to mirror those for motorcycles.  Additionally, to be registered and operated on a highway or other public road, the moped must have a manufacturer's certificate of origin and be designed and manufactured for use on highways and other public roads.

Requires mopeds that are to be operated on highways or other public roads to have full force and effect financial responsibility as required in the financial responsibility laws of GS Chapter 20, specifically Article 9A and Article 13. Provides that mopeds are to be treated in the same way as any other motor vehicle for purposes of financial responsibility compliance in Articles 9A and 13.

Repeals GS 20-51(9), which previously exempted mopeds from registration requirements.

Enacts new GS 20-76(c), which provides the process for when a person desires to register a moped but cannot produce a manufacturer's certificate of origin, allowing the applicant to submit an affidavit stating the reason for not being able to produce a certificate and that the applicant is entitled to registration.  Exempts moped applicants from bond-posting requirements found in GS 20-76(b). Provides that the DMV is exempt from liability for any person damaged by the issuance of a registration card.

Amends GS 58-36-3, concerning the NC Rate Bureau, providing that the Bureau has no jurisdiction over liability insurance or theft or physical damage insurance on mopeds. Allows member companies writing moped liability insurance or theft or physical insurance to incorporate either or both types of insurance as an endorsement to liability and physical damage policies. Makes conforming changes.

Amends GS 58-37-1(6) and GS 58-40-10(1), adding language to the definitions of motor vehicle and private passenger motor vehicle, excluding mopeds from being included in either of these definitions or categorizing them as such.

Amends GS 58-40-15, concerning the regulations of insurance rates and the scope of application, making technical changes and clarifying that the provisions of GS Chapter 58, Article 40, do apply to motor vehicle liability insurance, automobile medical payments insurance, uninsured motorists' coverage, and theft or physical damage insurance on mopeds.

All of the above is effective December 1, 2014.

Requires the Joint Legislative Transportation Oversight Committee to study whether additional statutory changes are needed for the safe operating of mopeds. Specifies data to be included in the report. Requires a report to the 2015 General Assembly when it convenes.

Amends SL 2004-124 to provide that the towns of Elizabethtown and Matthews are authorized to enroll its employees, retirees, and dependents in the Teachers' and State Employees' Comprehensive Major Medical Plan. However, also includes language that provides that retirees of Elizabethtown and Matthews will not be eligible for coverage.