Bill Summary – FastDemocracy

FILED SENATE
                                                                                           Apr 1, 2021
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 490
                                      SESSION 2021           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS45231-MWf-21
     Short Title:   License to Work.                                                              (Public)
     Sponsors:      Senators Hise, Britt, and Mohammed (Primary Sponsors).
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS
    TO EMPLOYMENT.
 The General Assembly of North Carolina enacts:
 5
 REVISE REVOCATION FOR FAILURE TO APPEAR OR PAY FINES AND
 PENALTIES
             SECTION 1.(a) G.S. 20-24.1 reads as rewritten:
 "§ 20-24.1. Revocation for failure to appear or pay fine, penalty or costs for motor vehicle
             offenses.
      (a)    The Division must revoke the driver's license of a person upon receipt of notice from
 a court that the person was charged with a motor vehicle offense and he:the person:
             (1)       failed Failed to appear, after being notified to do so, when the case was called
                       for a trial or hearing; orhearing.
             (2)       failed Failed to pay a fine, penalty, or court costs ordered by the court.
      Revocation orders entered under the authority of this section are effective on the sixtieth day
 after the order is mailed or personally delivered to the person.
      (b)    A Except as otherwise provided in subsection (g) of this section, a license revoked
 under this section remains revoked until the person whose license has been revoked:one of the
 following occurs:
             (1)       The person disposes of the charge in the trial division in which he the person
                       failed to appear when the case was last called for trial or hearing; orhearing.
             (2)       The person demonstrates to the court that he the person is not the person
                       charged with the offense; oroffense.
             (3)       The person pays the penalty, fine, or costs ordered by the court; orcourt.
             (4)       The person demonstrates to the court that his the person's failure to pay the
                       penalty, fine, or costs was not willful and that he the person is making a good
                       faith effort to pay or that the penalty, fine, or costs should be remitted.
 Upon receipt of notice from the court that the person has satisfied the conditions of this subsection
 applicable to his case, the Division must restore the person's license as provided in subsection
 (c). In addition, if the person whose license is revoked is not a resident of this State, the Division
 may notify the driver licensing agency in the person's state of residence that the person's license
 to drive in this State has been revoked.
      (b1) A defendant must be afforded an opportunity for a trial or a hearing within a
 reasonable time of the defendant's appearance. Upon motion of a defendant, the court must order
 that a hearing or a trial be heard within a reasonable time.
                                   *DRS45231-MWf-21*
     General Assembly Of North Carolina                                                     Session 2021
      (c)     If the person satisfies the conditions of subsection (b) that are applicable to his the
 person's case before the effective date of the revocation order, the revocation order and any
 entries on his the person's driving record relating to it shall be deleted and the person does not
 have to pay the restoration fee set by G.S. 20-7(i1). For Except as otherwise provided in
 subsection (g) of this section, all other revocation orders issued pursuant to this section,
 G.S. 50-13.12 or G.S. 110-142.2, the person must pay the restoration fee and satisfy any other
 applicable requirements of this Article before the person may be relicensed.
      (d)     To facilitate the prompt return of licenses and to prevent unjustified charges of driving
 while license revoked, the clerk of court, upon request, must give the person a copy of the notice
 it sends to the Division to indicate that the person has complied with the conditions of subsection
 (b) applicable to his case. If the person complies with the condition before the effective date of
 the revocation, the notice must indicate that the person is eligible to drive if he is otherwise
 validly licensed.
      (e)     As used in this section and in G.S. 20-24.2, the word offense includes crimes and
 infractions created by this Chapter.
      (f)     If a license is revoked under subdivision (2) of subsection (a) of this section, and for
 no other reason, the person subject to the order may apply to the court for a limited driving
 privilege valid for up to one year or until any fine, penalty, or court costs ordered by the court
 are paid. The court may grant the limited driving privilege in the same manner and under the
 terms and conditions prescribed in G.S. 20-16.1. A person is eligible to apply for a limited driving
 privilege under this subsection only if the person has not had a limited driving privilege granted
 under this subsection within the three years prior to application.
      (g)     Except for a revocation order entered under this section resulting from a charge of
 impaired driving, the Division shall restore a license revoked pursuant to subsection (a) of this
 section 12 months after the effective date of revocation if the person furnishes proof to the
 satisfaction of the Division that the person is insured under a motor vehicle liability insurance
 policy that meets the minimum requirements of G.S. 20-279.21 and is written for a term of no
 less than 12 months."
              SECTION 1.(b) G.S. 20-7(i1) reads as rewritten:
      "(i1) Restoration Fee. – Any person whose drivers license has been revoked pursuant to
 the provisions of this Chapter, other than G.S. 20-17(a)(2) shall pay a restoration fee of sixty five
 dollars ($65.00). A person whose drivers license has been revoked under G.S. 20-17(a)(2) shall
 pay a restoration fee of one hundred thirty dollars ($130.00). The fee shall be paid to the Division
 prior to the issuance to such person of a new drivers license or the restoration of the drivers
 license. The restoration fee shall be paid to the Division in addition to any and all fees which may
 be provided by law. This restoration fee shall not be required from any licensee whose license
 was revoked or voluntarily surrendered for medical or health reasons whether or not a medical
 evaluation was conducted pursuant to this Chapter. The sixty five dollar ($65.00) fee, and the
 first one hundred five dollars ($105.00) of the one hundred thirty dollar ($130.00) fee, shall be
 deposited in the Highway Fund. Twenty five dollars ($25.00) of the one hundred thirty dollar
 ($130.00) fee shall be used to fund a statewide chemical alcohol testing program administered
 by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the
 Department of Health and Human Services. Notwithstanding any other provision of law, a
 restoration fee assessed pursuant to this subsection may be waived by the Division when (i) the
 restoration fee remains unpaid for more than 10 years from the date of assessment and (ii) the
 person responsible for payment of the restoration fee has been issued a drivers license by the
 Division after the effective date of the revocation for which the restoration fee is owed. The
 Division may also waive restoration fees and other service fees upon a finding by the
 Commissioner that the license holder has shown good cause for not being able to pay the fine.
 The Office of State Budget and Management shall annually report to the General Assembly the
 amount of fees deposited in the General Fund and transferred to the Forensic Tests for Alcohol
     Page 2                                                                         DRS45231-MWf-21
     General Assembly Of North Carolina                                                    Session 2021
 Branch of the Chronic Disease and Injury Section of the Department of Health and Human
 Services under this subsection."
 3
 REVISE REVOCATION FOR MOVING OFFENSE COMMITTED WHILE LICENSE
 SUSPENDED OR REVOKED
             SECTION 2.(a) G.S. 20-28.1 reads as rewritten:
 "§ 20-28.1. Conviction of moving offense committed while driving during period of
             suspension or revocation of license.
      (a)    Upon receipt of notice of conviction of any person of a motor vehicle moving offense,
 such offense having been committed while such person's driving privilege was in a state of
 suspension or revocation, the Division shall revoke such person's driving privilege for an
 additional period of time as set forth in subsection (b) hereof. subsection (b). For purposes of this
 section a violation of G.S. 20-7(a), 20-24.1, or 20-28(a) or (a2) shall not be considered a "motor
 vehicle moving offense" unless the offense occurred in a commercial motor vehicle or the person
 held a commercial drivers license at the time of the offense.
      (b)    When a driving privilege is subject to revocation under this section, the additional
 period of revocation shall be as follows:
             (1)     A first such revocation shall be for one year;For a first offense under this
                     section, there is no additional period of revocation.
             (2)     A second such revocation shall be for two years; andFor a second offense
                     under this section, the additional period of revocation is one year.
             (3)     A third or subsequent such revocation shall be permanent.For a third and
                     subsequent offense under this section, the additional period of revocation is
                     two years, except that if the person committed the offense while the person's
                     driving privilege was revoked or suspended for impaired driving, the
                     revocation is permanent.
      (c)    A person whose license has been revoked under this section for one year may apply
 for a license after 90 days. A person whose license has been revoked under this section for two
 years may apply for a license after 12 months. A person whose license has been revoked under
 this section permanently may apply for a license after three years. Upon the filing of an
 application, the Division may, with or without a hearing, issue a new license upon satisfactory
 proof that the former licensee has not been convicted of a moving violation under this Chapter
 or the laws of another state, or a violation of any provision of the alcoholic beverage laws of this
 State or another state, or a violation of any provision of the drug laws of this State or another
 state when any of these violations occurred during the revocation period. The Division may
 impose any restrictions or conditions on the new license that the Division considers appropriate
 for the balance of the revocation period. When the revocation period is permanent, the restrictions
 and conditions imposed by the Division may not exceed three years. A person that applies for a
 license under this subsection must furnish proof to the satisfaction of the Division that the person
 is insured under a motor vehicle liability insurance policy that meets the minimum requirements
 of G.S. 20-279.21 and is written for a term of no less than 12 months.
      …."
             SECTION 2.(b) This section becomes effective December 1, 2021, and applies to
 offenses committed on or after that date.
45
 EFFECTIVE DATE
        SECTION 3. Except as otherwise provided, this act is effective when it becomes
 law.
     DRS45231-MWf-21                                                                              Page 3
Statutes affected: 
Filed: 20-24.1, 20-7, 20-28.1
Edition 1: 20-24.1, 20-7, 20-28.1
Edition 2: 20-24.1, 20-7, 20-28.1, 20-28
Edition 3: 20-24.1, 20-7, 20-28.1, 20-28
Edition 4: 20-24.1, 20-7, 20-28.1, 20-28