GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 4
SENATE BILL 3
Corrected Copy 1/30/17
Transportation Committee Substitute Adopted 3/30/17
Judiciary Committee Substitute Adopted 4/11/17
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Short Title: DOT/DMV Changes. |
(Public) |
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Sponsors: |
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Referred to: |
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January 26, 2017
A BILL TO BE ENTITLED
AN ACT to make changes to State law RELATED to the DEPARTMENT of TRANSPORTATION AND the DIVISION of motor vehicles, as recommended by the joint legislative transportation oversight committee.
The General Assembly of North Carolina enacts:
PART I. DEPARTMENT OF TRANSPORTATION CHANGES
DOT residue PROPERTY DISPOSAL
SECTION 1.(a) Article 2 of Chapter 136 of the General Statutes is amended by adding a new section to read:
"§ 136‑19.6. Residue property disposal; Department authority; definitions; classification and valuation; disposition method; proceeds; approvals required.
(a) State Policy. – It is the policy of the State that the Department of Transportation shall dispose of its residue real property as expeditiously as possible for the benefit of the citizens and taxpayers of the State.
(b) Department Authority to Dispose of Residue Property. – The Department, in accordance with this section, is vested with the power to manage, control, and dispose of real property acquired in fee simple and that the Department determines to be residue property.
(c) Definitions. – When used in this section, the following definitions apply:
(1) Appraised value. – The value of residue property determined by an appropriate area appraiser or appraiser using Department appraisal methodology.
(2) Appraiser. – An appraiser licensed or certified by the North Carolina Appraisal Board and approved by the Department to accomplish Department appraisals.
(3) Area appraiser. – A Department supervising staff appraiser currently associated with a Department area appraisal office.
(4) Current market value. – The value of property determined by the Department, in the absence of an appraised value, when obtaining an appraisal is not feasible as determined by the Department. This value shall be determined by the appropriate Division Right‑of‑Way agent and Right‑of‑Way Unit manager. The Department shall document a determination of current market value by means other than determining an appraised value.
(5) Negotiated sale. – Method of sale involving discussion and agreement of sale terms with a single or limited group of purchasers. This method may be undertaken by the Department or the Department may delegate a negotiated sale of residue property to real estate brokers licensed in this State, at the election of the Chief Engineer.
(6) Public sale. – Method of disposing of residue property utilizing advertising and solicitation of competitive bids. This method may be undertaken by the Department or the Department may delegate a public sale to a real estate broker, auctioneer, or auction firm licensed in this State, at the election of the Chief Engineer.
(7) Residue property. – Real property that is owned in fee simple by the Department that was acquired by the Department in addition to the property necessary for a transportation project because it would have been an uneconomic remnant to the prior owner following completion of that transportation project.
(8) Residue property value. – The Department approved value of the residue property established by either the current market value or appraised value method.
(9) Uneconomic remnant. – Real property, that was located outside of a proposed right‑of‑way prior to acquisition, determined to have nominal or no value to the owner after a Department acquisition pursuant to G.S. 136‑19.
(10) Upset bid. – At a public sale, an increased bid by a person that exceeds the highest bid received in response to the notice of public sale, or the last upset bid, as applicable, by a minimum of five percent (5%).
(d) Classification of Residue Property. – The Department shall adopt criteria to guide the Department in classifying residue property, in its opinion, according to its highest potential benefit to the Department or potential purchasers. Once classified, residue property that has not been disposed of within five years shall be reviewed and reclassified if appropriate.
(1) Residue property of sufficient size and access to allow commercial or residential development shall be designated "Class A."
(2) Residue property that enhances the value of adjacent property by allowing more extensive use when joined with adjacent property shall be designated "Class B."
(3) Residue property that, due to size or access, is only of value to adjacent property owners, or that is of minimal or no value, shall be designated "Class C."
(4) Residue property that has not yet been classified or may be needed by the Department for future use shall be designated "Class D."
(e) Residue Property Inventory. – The Department shall create and maintain a single comprehensive and up‑to‑date inventory of residue property owned in fee simple by the Department.
(f) Methods of Disposition Based on Class of Residue Property. – The Department shall utilize its best efforts to dispose of Class A, Class B, and Class C residue property within four years of its classification and in accordance with the following methods:
(1) Public sale. – The sale of Class A residue property shall be disposed of by public sale and may be sold by either sealed bid or by auction at the election of the Right‑of‑Way Branch of the Department. The sale of the property must be advertised by at least two of the following methods:
a. Publication once a week for at least two successive weeks in a newspaper qualified for legal advertising published in the area in which the residue property is located or if no newspaper qualified for legal advertising is published in the area, in a newspaper having general circulation in the area in which the residue property is located.
b. Placement on the Department Web site.
c. Placement of a "For Sale" sign on the residue property.
Upset bids must be received within 10 business days following the deadline for receipt of sealed bids or closing of an auction. The highest bid shall be presented to the Board of Transportation at its next regular meeting after the deadline for receipt of bids for rejection or acceptance. The Department may reject all bids if the Department does not consider the bids to be in accord with the appraised value as approved by the Department. The Department shall approve an appraised value for Class A residue property prior to disposition pursuant to this subdivision.
(2) Other methods of disposition for residue property. –
a. Class A, Class B, or Class C residue property may be conveyed to a State agency, public institution, and other local governmental units by negotiated sale or exchange or may be donated provided its future use is for public purposes.
b. Class B residue property may be sold, in whole or in part, where feasible, by either negotiated sale or exchange for a residue property value that is approved by the Division Right‑of‑Way agent and the Right‑of‑Way Unit manager.
c. Class C residue property may be sold to an adjacent property owner, in whole or in part, where feasible, by either negotiated sale or exchange for the residue property value that is approved by the Division Right‑of‑Way agent and the Right‑of‑Way Unit manager.
d. Class B and Class C residue property with an area of one acre or less and a residue property value of twenty‑five thousand dollars ($25,000) or less may be sold by negotiated sale or exchange with an adjoining owner. The Division Right‑of‑Way agent or their designee may negotiate with the adjoining owners concerning the disposal of each residue for a consideration that is approved by the Division Right‑of‑Way agent and the Right‑of‑Way Unit manager.
(3) Exchange with a public utility company. – Class B and Class C residue property may be used for the purpose of exchange with a public utility company in part or in full consideration for acquiring rights‑of‑way. The exchange shall be based on the residue property value and the fair market value of rights‑of‑way to be acquired.
(4) Exchange with a property owner. – Class B and Class C residue property may be used for the purpose of exchange with another property owner in part or full consideration for acquiring rights‑of‑way. The exchange shall be based on the residue property value and the fair market value of rights‑of‑way to be acquired.
(5) Sale to persons displaced by a transportation project. – Residue property may be sold by negotiated sale to a property owner displaced by a transportation project and shall be based upon the residue property value. Residue property sold pursuant to this subdivision shall not include any real property previously owned by a displaced property owner.
(g) Proceeds to State Highway Fund. – Notwithstanding G.S. 146‑15 and G.S. 146‑30, no service charge into the State Land Fund shall be deducted from or levied against the proceeds of any disposition of residue property pursuant to this section. Net proceeds received pursuant to disposition of residue property in accordance with this section, less any apportionment required by federal law or regulation regulating its use, shall be deposited in the State Highway Fund.
(h) Approvals Required. – All conveyances of residue property require Department and Board of Transportation approval. Conveyance of residue property with a residue property value of less than ten thousand dollars ($10,000) shall not require the approval of the Governor and Council of State; otherwise Governor and Council of State approval is also required.
(i) Recordation of Conveyance. – The Department shall record all conveyances of residue property pursuant to this section in accordance with G.S. 47‑27 and other applicable State law.
(j) Rule‑Making Authority. – The Department shall also have the authority to adopt, amend, or repeal rules as it may deem necessary to carry out its duties under the provisions of this section.
(k) Reconveyance to Former Owner. – Nothing in this section shall preclude the reconveyance of condemned property to its former owner pursuant to G.S. 136‑19.
(l) Report to Joint Legislative Transportation Oversight Committee. – No later than March 1, 2019, and by March 1 each year thereafter, the Department shall report to the Joint Legislative Transportation Oversight Committee on the classification and sale of residue properties pursuant to this section. At a minimum, this report shall include information on the following:
(1) The number and type of properties classified.
(2) The number and type of properties sold, including information about the manner of sale, the identity of the purchaser, and the average ratio of sale price to residue property value of the properties sold."
SECTION 1.(b) Pilot Program to Reduce Inventory of DOT Residue Property. – No later than January 1, 2018, the Department shall establish a pilot program for disposing of residue property in accordance with Section 1(a) of this act. In implementing this pilot program, the Department shall prepare a request for proposals to select three real estate brokers and three real estate auctioneers or real estate auction firms to dispose of a representative sample of residue properties, selected by the Department, consisting of at least 15 Class A properties, 30 Class B properties, and 45 Class C properties distributed throughout the State. If the quantity of residue property in each class is insufficient to satisfy this minimum, the Department may set a minimum based on the quantity of residue properties available. The term for the initial contracts awarded shall be 180 days. The Department shall repeat the request for proposals process to award contracts for a subsequent 180‑day term. The Department shall review the progress of residue property disposition pursuant to each contract awarded through the pilot program. The pilot program shall terminate on January 1, 2019.
SECTION 1.(c) No later than March 1, 2018, and by March 1, 2019, the Department shall report to the Joint Legislative Transportation Oversight Committee on the classification and sale of residue properties pursuant to the pilot program established pursuant to Section 1(b) of this act. At a minimum, this report shall include information on the following:
(1) The number and type of properties classified and offered as part of each request for proposal.
(2) The details of each request for proposal and award of contract pursuant to each request for proposal.
(3) The number and type of properties sold, including information about the manner of sale, the identity of the purchaser, and the average ratio of sale price to residue property value of the properties sold.
Extend sunset for dot minority‑owned/women‑owned businesses program
SECTION 2. G.S. 136‑28.4(e) reads as rewritten:
"(e) This section expires
August 31, 2017.2019."
eliminate annual report on reducing vehicle miles traveled by state employees
SECTION 3. Subsections (d) and (e) of G.S. 143‑215.107C are repealed.
part II. DIvision of motor vehicleS changes
clarify that HYBRID VEHICLES with emissions COMPONENTS are subject to emissions inspections
SECTION 4. G.S. 20‑4.01 reads as rewritten:
"§ 20‑4.01. Definitions.
Unless the context requires otherwise, the following definitions apply throughout this Chapter to the defined words and phrases and their cognates:
…
(12a) Fuel cell electric vehicle. – A four‑wheeled motor vehicle that does not have the ability to be propelled by a gasoline engine and that meets each of the following requirements:
a. Is made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571.
b. Has not been modified from original manufacturer specifications with regard to power train or any manner of powering the vehicle.
c. Uses hydrogen and a fuel cell to produce electricity on board to power an electric motor to propel the vehicle.
d. Is rated at not more than 8,500 pounds unloaded gross vehicle weight.
e. Has a maximum speed capability of at least 65 miles per hour.
…
(28a) Plug‑in electric vehicle. – A four‑wheeled motor vehicle that does not have the ability to be propelled by a gasoline engine and that meets each of the following requirements:
a. Is made by a manufacturer primarily for use on public streets, roads, and highways and meets National Highway Traffic Safety Administration standards included in 49 C.F.R. § 571.
b. Has not been modified from original manufacturer specifications with regard to power train or any manner of powering the vehicle.
c. Is rated at not more than 8,500 pounds unloaded gross vehicle weight.
d. Has a maximum speed capability of at least 65 miles per hour.
e. Draws electricity from a battery that has all of the following characteristics:
1. A capacity of not less than four kilowatt hours.
2. Capable of being recharged from an external source of electricity.
…."
MODIFY PROCESS BY WHICH DMV DETERMINES WHETHER TO REVOKE A DRIVERS LICENSE OF A PERSON WHO HAS BEEN ADJUDICATED INCOMPETENT
SECTION 5.(a) G.S. 20‑17.1(a) reads as rewritten:
"(a) The Commissioner,
upon receipt of notice that any person has been legally adjudicated incompetent
or has been involuntarily committed to an institution for the treatment of alcoholism
or drug addiction, an alcohol abuse or substance abuse disorder, shall
forthwith make inquiry into the facts for the purpose of determining whether
such person is competent to operate a motor vehicle. If a person has been
adjudicated incompetent under Chapter 35A of the General Statutes, in making an
inquiry into the facts, the Commissioner shall consider the clerk of court's
recommendation regarding whether the incompetent person should be allowed to
retain his or her driving privilege. If a clerk of court, in any
incompetency adjudication order under Chapter 35A of the General Statutes,
recommends that any person's driving privilege be revoked, the Division shall immediately
revoke such person's driving privilege. If the clerk of court, in any such
order, recommends that the person retain their driving privilege or makes no
recommendation concerning their driving privilege, the Division shall determine
whether the person shall retain their driving privilege, based upon an inquiry
of the facts. Unless the Commissioner is satisfied that such person is
competent to operate a motor vehicle with safety to persons and property, he
the Commissioner shall revoke such person's driving privilege. Provided
that if such person requests, in writing, a hearing, he shall retain his
license until after the hearing, and if the revocation is sustained after such
hearing, the person whose driving privilege has been revoked under the
provisions of this section, Any person whose driving privilege is
revoked pursuant to this subsection shall have the right to a review by the
review board as provided in G.S. 20‑9(g)(4) upon written request
filed with the Division."
SECTION 5.(b) This section becomes effective February 1, 2018, and applies to adjudications on or after that date.
REDESIGNATE DMV LICENSE AND THEFT INSPECTORS AS AGENTS
SECTION 6.(a) G.S. 20‑16.5(e) reads as rewritten:
"(e) Procedure if Report
Filed with Judicial Official When Person Is Present. – If a properly executed
revocation report concerning a person is filed with a judicial official when
the person is present before that official, the judicial official shall, after
completing any other proceedings involving the person, determine whether there
is probable cause to believe that each of the conditions of subsection (b) has
been met. If he determines that there is such probable cause, he shall enter an
order revoking the person's driver's license for the period required in this
subsection. The judicial official shall order the person to surrender his
license and if necessary may order a law‑enforcement officer to seize the
license. The judicial official shall give the person a copy of the revocation
order. In addition to setting it out in the order the judicial official shall
personally inform the person of his right to a hearing as specified in
subsection (g), and that his license remains revoked pending the hearing. The
revocation under this subsection begins at the time the revocation order is
issued and continues until the person's license has been surrendered for the
period specified in this subsection, and the person has paid the applicable
costs. The period of revocation is 30 days, if there are no pending offenses
for which the person's license had been or is revoked under this section. If at
the time of the current offense, the person has one or more pending offenses
for which his license had been or is revoked under this section, the revocation
shall remain in effect until a final judgment, including all appeals, has been
entered for the current offense and for all pending offenses. In no event, may
the period of revocation under this subsection be less than 30 days. If within
five working days of the effective date of the order, the person does not
surrender his license or demonstrate that he is not currently licensed, the
clerk shall immediately issue a pick‑up order. The pick‑up order
shall be issued to a member of a local law‑enforcement agency if the law
enforcement officer was employed by the agency at the time of the charge and
the person resides in or is present in the agency's territorial jurisdiction.
In all other cases, the pick‑up order shall be issued to an officer or inspector
agent of the Division. A pick‑up order issued pursuant to this
section is to be served in accordance with G.S. 20‑29 as if the
order had been issued by the Division."
SECTION 6.(b) G.S. 20‑49 reads as rewritten:
"§ 20‑49. Police authority of Division.
The Commissioner and such officers
and inspectors agents of the Division as he the
Commissioner shall designate and all members of the Highway Patrol and law
enforcement officers of the Department of Public Safety shall have the power:
…."
SECTION 6.(c) G.S. 20‑49.1 reads as rewritten:
"§ 20‑49.1. Supplemental police authority of Division
officers.officers and agents.
(a) In addition to the law
enforcement authority granted in G.S. 20‑49 or elsewhere, the
Commissioner and the officers and inspectors agents of the
Division whom the Commissioner designates have the authority to enforce
criminal laws under any of the following circumstances:
(1) When they have probable cause to believe that a person has committed a criminal act in their presence and at the time of the violation they are engaged in the enforcement of laws otherwise within their jurisdiction.
(2) When they are asked to provide temporary assistance by the head of a State or local law enforcement agency or his designee and the request is within the scope of the agency's subject matter jurisdiction.
While acting pursuant to this subsection, the Division officers and agents shall have the same powers vested in law enforcement officers by statute or common law. When acting pursuant to subdivision (2) of this subsection, the Division officers and agents shall not be considered an officer, employee, or agent of the State or local law enforcement agency or designee asking for temporary assistance. Nothing in this section shall be construed to expand the Division officers' or agents' authority to initiate or conduct an independent investigation into violations of criminal laws outside the scope of their subject matter or territorial jurisdiction.
(b) In addition to the law
enforcement authority granted in G.S. 20‑49 or elsewhere, the
Commissioner and the officers and inspectors agents of the
Division whom the Commissioner designates have the authority to investigate
drivers license fraud and identity thefts related to drivers license fraud and
to make arrests for these offenses."
SECTION 6.(d) G.S. 20‑53(e) reads as rewritten:
"(e) No title shall be
issued to an initial applicant for (i) out‑of‑state vehicles that
are 1980 model year or older or (ii) a specially constructed vehicle prior to
the completion of a vehicle verification conducted by the License and Theft
Bureau of the Division of Motor Vehicles. These verifications shall be
conducted as soon as practical. For an out‑of‑state vehicle that is
1980 model year or older, this inspection shall consist of verifying the public
vehicle identification number to ensure that it matches the vehicle and
ownership documents. No covert vehicle identification numbers are to be
examined on an out‑of‑state vehicle 1980 model year or older unless
the inspector agent develops probable cause to believe that the
ownership documents or public vehicle identification number presented does not
match the vehicle being examined. However, upon such application and the
submission of any required documentation, the Division shall be authorized to
register the vehicle pending the completion of the verification of the vehicle.
The registration shall be valid for one year but shall not be renewed unless
and until the vehicle examination has been completed.
If an inspection and verification
is not conducted by the License and Theft Bureau of the Division of Motor
Vehicles within 15 days after receiving a request for such and the inspector
agent has no probable cause to believe that the ownership documents
or public vehicle identification number presented does not match the vehicle
being examined, the vehicle shall be deemed to have satisfied all inspection
and verification requirements and title shall issue to the owner within 15 days
thereafter. If an inspection and verification is timely performed and the
vehicle passes the inspection and verification, title shall issue to the owner
within 15 days of the date of the inspection."
SECTION 6.(e) G.S. 20‑108 reads as rewritten:
"§ 20‑108. Vehicles or component parts of vehicles without manufacturer's numbers.
…
(b) The Commissioner and
such officers and inspectors agents of the Division of Motor
Vehicles as he has designated may take and possess any motor vehicle or
component part if its engine number, vehicle identification number, or
manufacturer's serial number has been altered, changed, or obliterated or if
such officer or agent has probable cause to believe that the driver or
person in charge of the motor vehicle or component part has violated subsection
(a) above. Any officer or agent who so takes possession of a motor
vehicle or component part shall immediately notify the Division of Motor
Vehicles and the rightful owner, if known. The notification shall contain a
description of the motor vehicle or component part and any other facts that may
assist in locating or establishing the rightful ownership thereof or in
prosecuting any person for a violation of the provisions of this Article.
(c) Within 15 days after seizure of a motor vehicle or component part pursuant to this section, the Division shall send notice by certified mail to the person from whom the property was seized and to all claimants to the property whose interest or title is in the registration records in the Division of Motor Vehicles that the Division has taken custody of the motor vehicle or component part. The notice shall also contain the following information:
(1) The name and address of the person or persons from whom the motor vehicle or component part was seized;
(2) A statement that the motor vehicle or component part has been seized for investigation as provided in this section and that the motor vehicle or component part will be released to the rightful owner:
a. Upon a determination that the identification number has not been altered, changed, or obliterated; or
b. Upon presentation of satisfactory evidence of the ownership of the motor vehicle or component part if no other person claims an interest in it within 30 days of the date the notice is mailed. Otherwise, a hearing regarding the disposition of the motor vehicle or component part may take place in a court having jurisdiction.
(3) The name and address of the officer or agent to whom evidence of ownership of the motor vehicle or component part may be presented; and
(4) A copy statement of the text contained in this section.
(d) Whenever a motor vehicle
or component part comes into the custody of an officer, officer or
agent, the Division of Motor Vehicles may commence a civil action in the
District Court in the county in which the motor vehicle or component part was
seized to determine whether the motor vehicle or component part should be
destroyed, sold, converted to the use of the Division or otherwise disposed of
by an order of the court. The Division shall give notice of the commencement of
such an action to the person from whom the motor vehicle or component part was
seized and all claimants to the property whose interest or title is in the
registration records of the Division of Motor Vehicles. Notice shall be by
certified mail sent within 10 days after the filing of the action. In addition,
any possessor of a motor vehicle or component part described in this section
may commence a civil action under the provisions of this section, to which the
Division of Motor Vehicles may be made a party, to provide for the proper
disposition of the motor vehicle or component part.
…
(j) An officer or agent taking into custody a motor vehicle or component part under the provisions of this section is authorized to obtain necessary removal and storage services, but shall incur no personal liability for such services. The person or company so employed shall be entitled to reasonable compensation as a claimant under (e), and shall not be deemed an unlawful possessor under (a)."
LIMIT ISSUANCE OF 10‑DAY TEMPORARY VEHICLE REGISTRATION TAGS
SECTION 7.(a) G.S. 20‑50(b) reads as rewritten:
"(b) The Division may issue a temporary license plate for a vehicle. A temporary license plate is valid for the period set by the Division. The period may not be less than 10 days nor more than 60 days. Except for a vehicle that is model year 1980 or older and is being transported directly to or from a vehicle show or exhibition, the Division shall not issue more than two 10‑day temporary license plates to a person for a particular vehicle during an annual registration period.
A person may obtain a temporary license plate for a vehicle by filing an application with the Division and paying the required fee. An application must be filed on a form provided by the Division.
The fee for a temporary license plate that is valid for 10 days is ten dollars ($10.00). The fee for a temporary license plate that is valid for more than 10 days is the amount that would be required with an application for a license plate for the vehicle. If a person obtains for a vehicle a temporary license plate that is valid for more than 10 days and files an application for a license plate for that vehicle before the temporary license plate expires, the person is not required to pay the fee that would otherwise be required for the license plate.
A temporary license plate is subject to the following limitations and conditions:
(1) It may be issued only upon proper proof that the applicant has met the applicable financial responsibility requirements.
(2) It expires on midnight of the day set for expiration.
(3) It may be used only on the vehicle for which issued and may not be transferred, loaned, or assigned to another.
(4) If it is lost or stolen, the person who applied for it must notify the Division.
(5) It may not be issued by a dealer.
(6) The provisions of G.S. 20‑63, 20‑71, 20‑110 and 20‑111 that apply to license plates apply to temporary license plates insofar as possible."
SECTION 7.(b) This section becomes effective January 1, 2018, and applies to applications received on or after that date.
REMOVE SIGNATURE LINE FROM MOTOR VEHICLE REGISTRATION CARD
SECTION 8. G.S. 20‑57(b) reads as rewritten:
"(b) The registration
card shall be delivered to the owner and shall contain upon the face thereof
the name and address of the owner, space for the owner's signature, the
registration number assigned to the vehicle, and a description of the vehicle
as determined by the Commissioner, provided that if there are more than two
owners the Division may show only two owners on the registration card and
indicate that additional owners exist by placing after the names listed
"et al." An owner may obtain a copy of a registration card issued in
the owner's name by applying to the Division for a copy and paying the fee set
in G.S. 20‑85."
ALLOW REMOTE CONVERSION OF CERTAIN FULL PROVISIONAL LICENSES TO CLASS C LICENSES
SECTION 9.(a) G.S. 20‑7(f)(1) reads as rewritten:
"(1) Duration of license for persons under age 18. – A full provisional license issued to a person under the age of 18 expires on the sixtieth day following the person's twenty‑first birthday."
SECTION 9.(b) G.S. 20‑7(f)(6) reads as rewritten:
"(6) Remote renewal.renewal
or conversion. – Subject to the following requirements and limitations, the
Division may offer remote renewal of a drivers license license or
remote conversion of a full provisional license, issued by the Division:
a. Requirements. – To be eligible for remote renewal or conversion under this subdivision, a person must meet all of the following requirements:
1. The license holder (i)
possesses a valid, unexpired valid Class C drivers license that
was issued when the person was at least 18 years old.or (ii) possesses a
valid full provisional license and is at least 18 years old at the time of the
remote conversion request.
2. The license holder's current license includes no restrictions other than a restriction for corrective lenses.
3. The license holder
attests, in a manner designated by the Division, that (i) the license holder is
a resident of the State and currently resides at the address on the license to
be renewed, renewed or converted, (ii) the license holder's name
as it appears on the license to be renewed or converted has not changed,
and (iii) all other information required by the Division for an in‑person
renewal under this Article has been provided completely and truthfully. If
the license holder does not currently reside at the address on the license to
be renewed or converted, the license holder may comply with the address
requirement of this sub‑sub‑subdivision by providing the address at
which the license holder resides at the time of the remote renewal or
conversion request.
4. The For a
remote renewal, the most recent renewal was an in‑person renewal and
not a remote renewal under this subdivision.
5. The license holder is otherwise eligible for renewal or conversion under this subsection.
b. Waiver of requirements. –
When renewing or converting a drivers license pursuant to this
subdivision, the Division may waive the examination and photograph that would
otherwise be required for the renewal.renewal or conversion.
c. Duration of remote renewal.renewal
or conversion. – A renewed drivers license issued to a person by
remote renewal or conversion under this subdivision expires according to
the following schedule:
1. For a person at least 18 years old but less than 66 years old, on the birthday of the licensee in the eighth year after issuance.
2. For a person at least 66 years old, on the birthday of the licensee in the fifth year after issuance.
d. Rules. – The Division shall adopt rules to implement this subdivision.
e. Federal law. – Nothing in this subdivision shall be construed to supersede any more restrictive provisions for renewal or conversion of drivers licenses prescribed by federal law or regulation.
f. Definition. – For
purposes of this subdivision, "remote renewal" renewal or
conversion" means renewal or conversion of a drivers license or
full provisional license by mail, telephone, electronic device, or other
secure means approved by the Commissioner."
SECTION 9.(c) Subsection (a) of this section becomes effective March 1, 2018, and applies to full provisional licenses issued on or after that date. The remainder of this section becomes effective March 1, 2018.
TEMPORARY REGISTRATION PLATES/EXTEND TIME LIMIT FOR DELIVERY OF SALES DOCUMENTS
SECTION 10.(a) G.S. 20‑79.1(d)(3) reads as rewritten:
"(d) A dealer shall:
...
(3) Within 10 working 20
days, mail or deliver the application and fees to the Division or deliver
the application and fees to a local license agency for processing. Delivery
need not be made if the contract for sale has been rescinded in writing by all
parties to the contract."
SECTION 10.(b) This section is effective when it becomes law and applies to sales made on or after that date.
SPECIAL IDENTIFICATION CARDS/MODIFY ISSUANCE PROCESS AND ALLOW REMOTE RENEWAL
SECTION 11.(a) G.S. 20‑37.7 reads as rewritten:
"§ 20‑37.7. Special identification card.
…
(d) Expiration and Fee.Duration.
– A special Special identification card issued to a person for
the first time under this section expires when a drivers license issued on the
same day to that person would expire. A special identification card renewed
under this section expires when a drivers license renewed by the card holder on
the same day would expire.cards shall be issued and renewed pursuant to
the provisions of this subsection:
(1) Duration for persons under age 18. – A special identification card issued to or renewed by a person under the age of 18 expires on the birthday of the holder in the fifth year after issuance.
(2) Duration for persons age 18 and older. – A special identification card issued to or renewed by a person at least 18 years old expires on the birthday of the holder in the eighth year after issuance.
(3) Duration for certain other persons. – The durations listed in subdivisions (1) and (2) of this subsection are valid unless the Division determines that a special identification card of shorter duration should be issued when the applicant holds valid documentation issued by, or under the authority of, the United States government that demonstrates the applicant's legal presence of limited duration in the United States. In no event shall a special identification card of limited duration expire later than the expiration of the authorization for the applicant's legal presence in the United States.
(4) When to renew. – A person may apply to the Division to renew a special identification card during the 180‑day period before the special identification card expires. The Division may not accept an application for renewal made before the 180‑day period begins.
(d1) Fee. – The fee for a new or renewed special identification card is the same as the fee set in G.S. 20‑14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows:
…
(7) The applicant has a
developmental disability. To obtain a special identification card without
paying a fee pursuant to this subdivision, an applicant must present a letter
from letter or a form approved by the Division, signed by his or her
primary care provider certifying that the applicant has a developmental
disability. For purposes of this subdivision, the term "developmental
disability" has the same meaning as in G.S. 122C‑3.
(d2) Remote Renewal. – Subject to the following limitations and requirements, the Division may offer remote renewal of a special identification card issued by the Division:
(1) Requirements. – To be eligible for remote renewal under this subsection, a person must meet all of the following requirements:
a. The special identification card holder possesses a valid special identification card that was issued when the person was at least 18 years old.
b. The special identification card holder attests, in a manner designated by the Division, that (i) the special identification card holder is a resident of the State and currently resides at the address on the special identification card to be renewed, (ii) the special identification card holder's name as it appears on the special identification card to be renewed has not changed, and (iii) all other information required by the Division for an in‑person renewal under this Article has been provided completely and truthfully. If the special identification card holder does not currently reside at the address on the special identification card to be renewed, the special identification card holder may comply with the address requirement of this sub‑subdivision by providing the address at which the special identification card holder resides at the time of the remote renewal request.
c. The most recent renewal was an in‑person renewal and not a remote renewal under this subsection.
d. The special identification card holder is otherwise eligible for renewal under this subsection.
(2) Definition. – For purposes of this subsection, "remote renewal" means renewal of a special identification card by mail, telephone, electronic device, or other secure means approved by the Commissioner.
(d1)(d3) Severe
Disability. – For a person who has a physician's letter certifying that a
severe disability causes the person to be homebound, the Division shall adopt
rules allowing for application for or renewal of a special photo identification
card under this section by means other than a personal appearance.
(d4) Special Identification Card to Be Sent by Mail. – The Division shall issue to the applicant a temporary identification certificate valid for 60 days. The temporary identification certificate shall not be valid for identification purposes, except when conducting business with the Division and not otherwise prohibited by federal law. The Division shall produce the applicant's special identification card at a central location and send it to the applicant by first‑class mail at the residence address provided by the applicant, unless the applicant is ineligible for mail delivery by the United States Postal Service at the applicant's residence. If the United States Postal Service documents that it does not deliver to the residential address provided by the applicant, and the Division has verified the applicant's residential address by other means, the Division may mail the special identification card to the post office box provided by the applicant. Applicants whose only mailing address prior to July 1, 2008, was a post office box in this State may continue to receive their license at that post office box, provided the applicant's residential address has been verified by the Division.
…."
SECTION 11.(b) G.S. 20‑9.2(c) reads as rewritten:
"(c) This section does
not apply to special identification cards issued pursuant to G.S. 20‑37.7(d)(5)
or (6).subdivision (5) or (6) of subsection (d1) of G.S. 20‑37.7."
SECTION 11.(c) G.S. 163‑275(13) reads as rewritten:
"(13) For any person falsely
to make or present any certificate or other paper to qualify any person
fraudulently as a voter, or to attempt thereby to secure to any person the
privilege of voting, including declarations made under this Chapter, G.S. 20‑37.7(d)(5),
20‑37.7(d)(6),G.S. 20‑37.7(d1)(5), 20‑37.7(d1)(6),
130A‑93.1(c), and 161‑10(a)(8)."
SECTION 11.(d) Subsections (b) and (c) of this section and subsection (d2) of G.S. 20‑37.7, as enacted by subsection (a) of this section, become effective December 1, 2017. The remainder of this section becomes effective December 1, 2017, and applies to initial applications and renewals on or after that date.
ELIMINATION OF DRIVERS LICENSE TECHNOLOGY FUND
SECTION 12. G.S. 20‑37.01 and G.S. 20‑37.02(e) are repealed.
MOTOR VEHICLE DEFINITION/TECHNICAL CORRECTION
SECTION 13. G.S. 58‑37‑1(6) reads as rewritten:
"(6) "Motor
vehicle" means every self‑propelled vehicle that is designed for use
upon a highway, including trailers and semitrailers designed for use with such
vehicles (except traction engines, road rollers, farm tractors, tractor cranes,
power shovels, and well drillers). "Motor vehicle" also means a
motorcycle, as defined in G.S. 20‑4.01(27)d., and a moped, as
defined in G.S. 20‑4.01(27)d1., or G.S. 20‑4.01(27)d1.
"Motor vehicle" does not mean an electric assisted bicycle, as
defined in G.S. 20‑4.01(7a)."
part III. Effective Date
SECTION 14. Except as otherwise provided, this act becomes effective July 1, 2017.