H.B. 165
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 25, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40116-MW-53
Short Title: DOT Legislative Changes.-AB (Public)
Sponsors: Representative B. Jones.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE CHANGES TO LAWS, AS RECOMMENDED BY THE DEPARTMENT
3 OF TRANSPORTATION.
4 The General Assembly of North Carolina enacts:
5
6 PART I. DEPARTMENT OF TRANSPORTATION
7
8 ELIMINATE CAP ON PUBLIC PRIVATE PARTNERSHIPS
9 SECTION 1.1. G.S. 136-18(39a)a. reads as rewritten:
10 "(39a) a. The Department of Transportation or Turnpike Authority, as
11 applicable, may authorize the Turnpike Authority and the Division of
12 Motor Vehicles to enter into up to three agreements each with a private
13 entity as provided under subdivision (39) of this section for which the
14 provisions of this section apply."
15
16 REPEAL LIMIT ON FUNDS TO PAY MAP ACT SETTLEMENT COSTS
17 SECTION 1.2. Section 1.4(a) of S.L. 2019-251 is repealed.
18
19 AUTHORIZE LICENSE PLATE READERS ON DEPARTMENT RIGHT-OF-WAY
20 SECTION 1.3. Subdivision (2) of G.S. 136-18 is amended by adding a new
21 sub-subdivision to read:
22 "h. At the request of a State or local law enforcement agency, to enter into
23 an encroachment agreement for the placement of automatic license
24 plate readers in existing right-of-way of the Department. Nothing in
25 this sub-subdivision shall require the Department to purchase
26 additional right-of-way for this purpose or to enter into an
27 encroachment agreement where the integrity of the infrastructure or
28 the safety of the public will be impacted by the installation, operation,
29 or repair of the automatic license plate reader or its structural support."
30
31 REVISIONS TO HIGHWAY MAINTENANCE IMPROVEMENT PROGRAM
32 SECTION 1.4. G.S. 143B-350(f)(4a) reads as rewritten:
33 "(4a) To approve a schedule of State highway maintenance projects and their
34 anticipated cost. This schedule is designated the Highway Maintenance
35 Improvement Program and is established in G.S. 136-44.3A. The Board shall
36 publish the schedule on the Department's Web site by April 1 website by June
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 General Assembly Of North Carolina Session 2021
1 1 of each year. The document that contains the Highway Maintenance
2 Improvement Program shall include the anticipated funding sources for the
3 improvement projects included in the Highway Maintenance Improvement
4 Program, a list of any changes made from the previous year's Highway
5 Maintenance Improvement Program, and the reasons for the
6 changes.Program."
7 SECTION 1.5. G.S. 136-44.3A reads as rewritten:
8 "§ 136-44.3A. Highway Maintenance Improvement Program.
9 (a) Definitions. – The following definitions apply in this Article:
10 (1) Cape seal treatment. – A chip seal treatment followed by a slurry seal
11 treatment.
12 (2) Chip seal treatment. – A type of pavement preservation treatment applied to
13 existing asphalt pavement. The treatment involves spraying an asphalt
14 emulsion onto the roadway, applying a layer of aggregate chips, and rolling
15 the chips into the emulsion. This term includes single, double, and triple chip
16 seal treatments.
17 (3) Highway Maintenance Improvement Program. – The schedule of State
18 highway maintenance projects required under G.S. 143B-350(f)(4a).
19 (4) Highway Maintenance Improvement Program Needs Assessment. – A report
20 of the amount of funds needed, the number of affected lane miles, and the
21 percentage of the primary and secondary system roads that are rated to need a
22 resurfacing or pavement preservation treatment within the Highway
23 Maintenance Improvement Program's five-year time period but are not
24 programmed due to funding constraints.needed and the quantity of work to be
25 accomplished to meet and sustain the performance standards for the State
26 highway system in each of the maintenance program categories.
27 (5) Microsurfacing treatment. – A type of pavement preservation treatment that
28 involves mixing fine aggregate, asphalt emulsion, minerals, water, and a
29 polymer additive, and applying the mixture to the roadway.
30 (6) Pavement preservation treatment. – Includes full-width surface treatments
31 used to extend or renew the pavement life.
32 (7) Rehabilitation. – A contract resurfacing maintenance program that involves
33 applying multiple layers of pavement that exceed two inches.
34 (8) Resurfacing. – A contract resurfacing program that involves applying one
35 layer that does not exceed two inches of pavement.
36 (9) Slurry seal treatment. – A type of pavement preservation treatment that
37 involves mixing fine aggregate, asphalt emulsion, minerals, and water, and
38 applying the mixture to the roadway.
39 …
40 (c) Highway Maintenance Improvement Program. – After the annual inspection of roads
41 within the State highway system, each highway division shall determine and report to the Chief
42 Engineer on (i) the need for rehabilitation, resurfacing, or pavement preservation treatments, (ii)
43 the need for bridge and general maintenance, and (iii) projected changes to the condition of
44 pavement on primary and secondary roads for each year over a five-year period. The Chief
45 Engineer shall establish a five-year priority list for each highway division based on the Chief
46 Engineer's estimate of need. In addition, the Chief Engineer shall establish a five-year
47 improvement schedule, sorted by county, for rehabilitation, resurfacing, and pavement
48 preservation treatment activities. The schedule shall be based on the amount of funds
49 appropriated to the contract resurfacing program and the pavement preservation program in the
50 fiscal year preceding the issuance of the Highway Maintenance Improvement Program for all
51 five years of the Highway Maintenance Improvement Program. State funding for the Highway
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1 Maintenance Improvement Program shall be limited to funds appropriated from the State
2 Highway Fund.system, all of the following shall occur:
3 (1) The Chief Engineer shall establish the annual cost to meet and sustain the
4 performance standards for pavement, bridge, and general maintenance
5 activities for the State highway system.
6 (2) The Division Engineer for each highway division shall determine and report
7 to the Chief Engineer a five-year improvement schedule, sorted by county, for
8 pavement, bridge, and general maintenance activities within each highway
9 division. The schedule shall be based on the amount of funds appropriated to
10 the pavement, bridge, and general maintenance programs in the fiscal year
11 preceding the issuance of the Highway Maintenance Improvement Program
12 for all five years of the Highway Maintenance Improvement Program. State
13 funding for the Highway Maintenance Improvement Program shall be limited
14 to funds appropriated from the State Highway Fund.
15 …
16 (g) Report. – The Department shall submit the Highway Maintenance Improvement
17 Program and Highway Maintenance Improvement Program Needs Assessment to the General
18 Assembly by April 1 June 1 of each year. If the General Assembly is in session, the Department
19 shall report to the House of Representatives Appropriations Subcommittee on Transportation,
20 the Senate Appropriations Committee on Transportation, and the Fiscal Research Division. If the
21 General Assembly is not in session, the Department shall report to the Joint Legislative
22 Transportation Oversight Committee and the Fiscal Research Division."
23
24 EXEMPT PORTS AUTHORITY FROM STATUTORY REQUIREMENTS TO OBTAIN
25 CONSULTANT SERVICE CONTRACTS
26 SECTION 1.6. G.S. 143-64.24 is amended by adding a new subdivision to read:
27 (9) The North Carolina State Ports Authority. The North Carolina State Ports
28 Authority may only contract to obtain the services of a consultant after the
29 proposed contract is approved by the Board of the North Carolina State Ports
30 Authority.
31
32 PART II. DIVISION OF MOTOR VEHICLES
33
34 INSURANCE COMPANIES TO SUBMIT FORMS ELECTRONICALLY
35 SECTION 2.1. G.S. 20-309.2(c) reads as rewritten:
36 "(c) Form of Notice. – Any insurer with twenty-five million dollars ($25,000,000) or more
37 in annual vehicle insurance premium volume shall submit the notices required under this section
38 by electronic means. All other insurers may shall submit the notices required under this section
39 by either paper or electronic means."
40
41 ONLINE RENEWAL OF VARIOUS DMV CREDENTIALS
42 SECTION 2.2. Article 1 of Chapter 20 of the General Statutes is amended by adding
43 a new section to read:
44 "§ 20-4.04 Online renewal of credentials issued by the Division.
45 (a) Pursuant to G.S. 20-2(b), the Commissioner of Motor Vehicles may authorize the
46 online renewal of any credential issued by the Division not already authorized by statute. For
47 purposes of this section, "credential" means any license, permit, certificate, registration, or plate
48 issued by the Division.
49 (b) No later than 30 days after establishing online renewal capability for any credential
50 authorized under this section, the Division shall submit a report to the Joint Legislative
51 Transportation Oversight Committee and the Fiscal Research Division."
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1
2 EXTEND DMV EMERGENCY RULE AUTHORITY
3 SECTION 2.3. Section 3.20 of S.L. 2020-97 is amended by adding a new subsection
4 to read:
5 "SECTION 3.20.(g) Notwithstanding the expiration dates in subsections (e) and (f) of this
6 section, the Division of Motor Vehicles authority to adopt emergency rules under this section
7 shall expire 30 days after Executive Order No. 116 is rescinded or September 30, 2021,
8 whichever is earlier."
9
10 HANDICAPPED PLACARD ONLINE RENEWAL
11 SECTION 2.4. G.S. 20-37.6(c1) reads as rewritten:
12 "(c1) Application and Renewal; Medical Certification. – The initial application for a
13 distinguishing license plate, removable windshield placard, or temporary removable windshield
14 placard shall be accompanied by a certification of a licensed physician, a licensed
15 ophthalmologist, a licensed optometrist, a licensed physician assistant, a licensed nurse
16 practitioner, or the Division of Services for the Blind that the applicant or person in the applicant's
17 custody or care is handicapped or by a disability determination by the United States Department
18 of Veterans Affairs that the applicant or person in the applicant's custody or care is handicapped.
19 For an initial application for a temporary removable windshield placard only, the certification
20 that the applicant is handicapped may be made by a licensed certified nurse midwife. The
21 application for a temporary removable windshield placard shall contain additional certification
22 to include the period of time the certifying authority determines the applicant will have the
23 disability. Distinguishing license plates shall be renewed annually, but subsequent applications
24 shall not require a medical certification that the applicant is handicapped, except that a registered
25 owner that certified pursuant to subsection (b) of this section that the registered owner is the
26 guardian or parent of a handicapped person must recertify every five years. Removable
27 windshield placards shall be renewed every five years, and, except for a person certified as totally
28 and permanently disabled at the time of the initial application or a prior renewal under this
29 subsection, the renewal shall require a medical recertification that the person is handicapped;
30 provided that a medical certification shall not be required to renew any placard that expires after
31 the person to whom it is issued is 80 years of age. Temporary removable windshield placards
32 shall expire no later than six months after issuance. The Division shall offer renewal of
33 handicapped credentials in person and online on the Division's website."
34
35 LIMITED REGISTRATION PLATES/DEALER TO NOTIFY PURCHASER OF
36 OUTSTANDING PENALTIES, FEES, AND TOLLS
37 SECTION 2.5. G.S. 20-79.1A(a)(1) reads as rewritten:
38 "(1) A person who applies, either directly or through a dealer licensed under
39 Article 12 of this Chapter, for a title to a motor vehicle and a registration plate
40 for the vehicle and who submits payment for the applicable title and
41 registration fees but does not submit payment for any municipal corporation
42 property taxes on the vehicle. A person who submits payment for municipal
43 corporation property taxes receives an annual registration plate. A dealer shall
44 notify the person purchasing a vehicle of any outstanding civil penalties, fees,
45 tolls, and obligations owed that are of record and that are known by the dealer
46 at the time the dealer applies for a title to a motor vehicle and a registration
47 plate for the vehicle under this section."
48
49 CDL DISQUALIFICATION FOR HUMAN TRAFFICKING
50 SECTION 2.6. G.S. 20-37.14A reads as rewritten:
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1 "§ 20-37.14A. Prohibit issuance or renewal of certain categories of commercial drivers
2 licenses to sex offenders.offenders and persons convicted of human trafficking.
3 (a) Effective December 1, 2009, the Division shall not issue or renew a commercial
4 drivers license with a P or S endorsement to any person who is required to register under Article
5 27A of Chapter 14 of the General Statutes.
6 …
7 (d) Human Trafficking Violations. – The Division shall disqualify from operating a
8 commercial motor vehicle for life a person who uses a commercial motor vehicle in committing
9 a felony involving an act or practice described in 22 U.S.C. § 7102(9). For purposes of this
10 subsection, "disqualify" means to deny, revoke, suspend, or cancel a commercial vehicle license."
11
12 PRE-DEPRIVATION HEARING/AUTOMATIC RESTORATION/DRIVERS LICENSE
13 SECTION 2.7. G.S. 20-24.1 reads as rewritten:
14 "§ 20-24.1. Revocation for failure to appear or pay fine, penalty penalty, or costs for motor
15 vehicle offenses.
16 (a) The Division must revoke the driver's license of a person upon receipt of notice from
17 a court that the person was charged with a motor vehicle offense and he:Upon receipt of notice
18 from the court, the Division shall revoke the drivers license of a person who was charged with a
19 motor vehicle offense and failed to do either of the following:
20 (1) failed to appear, after being notified to do so, when the case was called for a
21 trial or hearing; orAppear, after being notified to do so, when the case was
22 called for a trial or hearing.
23 (2) failed to pay a fine, penalty, or court costs ordered by the court.Pay a fine,
24 penalty, or court costs ordered by the court.
25 Revocation orders entered under the authority of this section are effective on the sixtieth day
26 after the order is mailed or personally delivered to the person. Before the effective date of the
27 revocation order issued pursuant to this section, a person whose license is to be revoked under
28 subdivision (2) of subsection (a) may request a pre-deprivation hearing. If that person requests a
29 pre-deprivation hearing, then the Division shall provide a pre-deprivation hearing to determine
30 the person's finan