Bill Text: NC S792 | 2013-2014 | Regular Session | Amended
Bill Title: Ferry Tolling/Replacement Funds
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-05-20 - Ref to Transportation. If fav, re-ref to Appropriations/Base Budget [S792 Detail]
Download: North_Carolina-2013-S792-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 792
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Short Title: Ferry Tolling/Replacement Funds. |
(Public) |
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Sponsors: |
Senators Cook (Primary Sponsor); and Sanderson. |
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Referred to: |
Transportation. |
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May 20, 2014
A BILL TO BE ENTITLED
AN ACT to Protect the citizens of North Carolina from the Ferry tax and to appropriate funds to the Department of Transportation for ferry vessel replacement.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑82 reads as rewritten:
"§ 136‑82. Department of Transportation to establish and maintain ferries.
(a) Powers of Department. – The Department of
Transportation is vested with authority to provide for the establishment and
maintenance of ferries connecting the parts of the State highway system,
whenever in its discretion the public good may require, and shall prescribe
and collect tolls on the ferry routes as established by the Board of
Transportation following the procedures set forth in this section.require.
(b) Establishment of Tolling. – The Board of
Transportation may establish tolls on any untolled ferry route as set forth in
this subsection. Prior to establishing tolls on an untolled ferry route,
the Board of Transportation must receive a resolution approved by the
Transportation Advisory Committee of each affected local transportation
planning organization requesting tolls on that route. No later than March 1,
2014, the Department shall hold a separate public hearing in the geographic
area of each untolled ferry route and invite each affected local transportation
planning organization. At the public hearing, the Department shall present an
explanation of the toll setting methodology, the impact of tolling on the
availability of funding for other local transportation priorities, and the
minimum and maximum toll rates. After the public hearing, an affected local
transportation planning organization may consider and adopt a ferry tolling
resolution. The Board of Transportation shall adopt the toll at its next regularly
scheduled meeting after receipt of the ferry tolling resolutions required by
this subsection. The Department shall collect the toll as soon as is feasible
following its adoption, but in no case more than 180 days after adoption of the
toll. The establishment of tolls by the Board of Transportation pursuant to the
authority granted in this section shall be exempt from the provisions of
Chapter 150B of the General Statutes. For purposes of this section, "affected
local transportation planning organization" means any Metropolitan
Planning Organization or Rural Transportation Planning Organization with
geographic jurisdiction over any part of an untolled ferry route, and "untolled
ferry route" means any ferry route for which no tolls were in effect as of
June 30, 2013.
(c) Revisions of Tolls. – The Department of
Transportation shall report to the Fiscal Research Division, the Joint
Legislative Transportation Oversight Committee, and all affected local
transportation planning organizations 30 days prior to any change in toll rates
or change in the toll setting methodology by the Board of Transportation.
(d) Use of Toll Proceeds. – The Department
of Transportation shall credit the proceeds from tolls collected on North
Carolina Ferry System routes and receipts generated under subsection (e) of
this section to reserve accounts within the Highway Fund for each of the
Highway Divisions in which system terminals are located and fares are earned.
For the purposes of this subsection, fares are earned based on the terminals
from which a passenger trip originates and terminates. Commuter pass receipts
shall be credited proportionately to each reserve account based on the
distribution of trips originating and terminating in each Highway Division. The
proceeds credited to each reserve account shall be used exclusively for
prioritized North Carolina Ferry System ferry passenger vessel replacement
projects in the Division in which the proceeds are earned. Proceeds may be used
to fund ferry passenger vessel replacement projects or supplement funds
allocated for ferry passenger vessel replacement projects approved in the
Transportation Improvement Program.
…
(f) Authority to Generate Certain Receipts. – The
Department of Transportation, notwithstanding any other provision of law, may
operate or contract for the following receipt‑generating activities and
use the proceeds for ferry passenger vessel replacement projects in the manner
set forth in subsection (c) (d) of this section:
(1) Operation of, concessions on the ferries and at ferry facilities to provide to passengers on the ferries food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the ferry system.
(2) The Sponsorships, including, but not
limited to, the sale of naming rights to any ferry vessel, ferry route, or
ferry facility.
(3) Advertising on or within any ferry vessel, vessel
or at any ferry facility, including including, but not limited
to, display advertising and advertising delivered to passengers through the
use of video monitors, public address systems installed in passenger areas, and
other electronic media.
(4) Any other receipt‑generating activity not otherwise forbidden by applicable law pertaining to public health or safety.
The Department may issue rules to implement this subsection.
(g) Confidentiality of Personal Information. –
Identifying information obtained by the Department related to operation of the
ferry system is not a public record under Chapter 132 of the General Statutes
and is subject to the disclosure limitations in 18 U.S.C. § 2721 of the federal
Driver's Privacy Protection Act. The Department shall maintain the
confidentiality of all information required to be kept confidential under 18
U.S.C. § 2721(a), as well as any financial information, transaction history,
and information related to the collection of a toll or user fee from a
person, including, but not limited to, photographs or other recorded images or
automatic vehicle identification or driver account information generated by
radio‑frequency identification or other electronic means. The Department
may use identifying information only for purposes of collecting and enforcing tolls.
user fees. Nothing in this section is intended to limit the right of
any person to examine that person's own account information, or the right of
any party, by authority of a proper court order, to inspect and examine
identifying information."
SECTION 2. There is appropriated from the Highway Fund to the Department of Transportation the sum of five million dollars ($5,000,000) in recurring funds to be allocated to the Division of Ferries of the Department of Transportation and used for ferry vessel replacement.
SECTION 3. Section 2 of this act becomes effective July 1, 2014. The remainder of this act is effective when it becomes law.
