GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   5

HOUSE BILL 272

Committee Substitute Favorable 4/4/13

Committee Substitute #2 Favorable 4/16/13
Fourth Edition Engrossed 4/17/13

Senate Rules and Operations of the Senate Committee Substitute Adopted 7/29/14

Short Title:        DOT/DMV Changes #2.	(Public)
Sponsors:
Referred to:

March 12, 2013

A BILL TO BE ENTITLED

AN ACT to (1) PROVIDE that the division of motor VEHICLES hearing on a LICENSE revocation as a RESULT of A driving while impaired ignition interlock violation be HELD in the licensee's county of residence; (2) direct the division of motor VEHICLES to issue a single annual REGISTRATION RENEWAL sticker for each VEHICLE REGISTRATION plate; (3) CLARIFY APPLICABILITY OF permanent license plates LAW TO vehicles OWNED BY FEDERALLY RECOGNIZED TRIBE; (4) CLARIFY APPLICATION OF DEALER FEE DISCLOSURE REQUIREMENTS; (5) authorize the division of motor VEHICLES to place a LICENSE issued UNDER THE MOTOR VEHICLE DEALERS AND MANUFACTURERS LICENSING LAW on probation; (6) provide that notice of a suspension, revocation, or nonrenewal of a license under the MOTOR VEHICLE dealers and MANUFACTURERS licensing law shall be given in ACCORDANCE with rule 4 of the rules of civil PROCEDURE; (7) extend by one year the department of TRANSPORTATION disadvantaged minority‑owned and women‑owned business program; and (8) DIRECT THE REVENUE LAWS STUDY COMMITTEE TO STUDY DIGITAL DISPATCHING SERVICES.

The General Assembly of North Carolina enacts:

DWI INTERLOCK VIOLATION/DMV HEARING SITE

SECTION 1.(a)  G.S. 20‑17.8(j) reads as rewritten:

"(j)       Right to Hearing Before Division; Issues. – If the person's license is revoked pursuant to subsection (g) of this section, before the effective date of the order issued under subsection (i) of this section, the person may request in writing a hearing before the Division. Except for the time referred to in G.S. 20‑16.5, if the person shows to the satisfaction of the Division that the person's license was surrendered to the court and remained in the court's possession, then the Division shall credit the amount of time for which the license was in the possession of the court against the revocation period required by subsection (g) of this section. If the person properly requests a hearing, the person retains the person's license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or the person fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents that the hearing officer deems necessary. The person may request the hearing officer to subpoena the charging officer, the chemical analyst, or both to appear at the hearing if the person makes the request in writing at least three days before the hearing. The person may subpoena any other witness whom the person deems necessary, and the provisions of G.S. 1A‑1, Rule 45, apply to the issuance and service of all subpoenas issued under the authority of this section. The hearing officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing must be conducted in the county where the charge was brought, except when the evidence of the violation is an alcohol concentration report from an ignition interlock system, the hearing may be conducted in the county where the person resides. and The hearing must be limited to consideration of whether:

(1)        The drivers license of the person had an ignition interlock requirement; and

(2)        The person:

a.         Was driving a vehicle that was not equipped with a functioning ignition interlock system; or

b.         Did not personally activate the ignition interlock system before driving the vehicle; or

c.         Drove the vehicle in violation of an applicable alcohol concentration restriction prescribed by subdivision (b)(3) of this section.

            If the Division finds that the conditions specified in this subsection are met, it must order the revocation sustained. If the Division finds that the condition of subdivision (1) is not met, or that none of the conditions of subdivision (2) are met, it must rescind the revocation. If the revocation is sustained, the person must surrender the person's license immediately upon notification by the Division. If the revocation is sustained, the person may appeal the decision of the Division pursuant to G.S. 20‑25."

SECTION 1.(b)  This section becomes effective October 1, 2014, and applies to hearings requested on or after that date.

SINGLE LICENSE PLATE RENEWAL STICKER

SECTION 2.(a)  G.S. 20‑66(c) reads as rewritten:

"(c)       Renewal Stickers. – A single registration renewal sticker issued by the Division must be displayed on the registration plate that it renews in the place prescribed by the Commissioner and must indicate the period for which it and the registration plate on which it is displayed are is valid. Except where physical differences between a registration renewal sticker and a registration plate render a provision of this Chapter inapplicable, the provisions of this Chapter relating to registration plates apply to registration renewal stickers."

SECTION 2.(b)  This section becomes effective January 1, 2015.

PERMANENT REGISTRATION PLATE CLARIFICATION/MOTOR VEHICLE OWNED BY FEDERALLY RECOGNIZED TRIBE

SECTION 3.(a)  G.S. 20‑84(b) is amended by adding a new subdivision to read:

"(b)      Permanent Registration Plates. – The Division may issue permanent plates for the following motor vehicles:

…

(19) Any motor vehicle owned by a federally recognized tribe."

SECTION 3.(b)  This section is effective when it becomes law.

CLARIFY APPLICATION OF DEALER FEE DISCLOSURE REQUIREMENTS

SECTION 4.(a)  G.S. 20‑101.1 is amended by adding a new subsection to read:

"(d) This section does not apply to a dealer fee related to the online registration of a motor vehicle when the dealer fee is separately stated on the buyer's order, purchase order, retail installment sales agreement, lease, or bill of sale."

SECTION 4.(b)  This act becomes effective October 1, 2014.

MOTOR VEHICLE DEALER LICENSE PROBATION AUTHORIZED

SECTION 5.(a)  G.S. 20‑294 reads as rewritten:

"§ 20‑294.  Grounds for denying, suspendingsuspending, placing on probation, or revoking licenses.

The Division may deny, suspend, place on probation, or revoke a license issued under this Article for any one or more of the following grounds:

(1)        Making a material misstatement in an application for a license.

(2)        Willfully and intentionally failing to comply with this Article, Article 15 of this Chapter, or G.S. 20‑52.1, 20‑75, 20‑79.1, 20‑79.2, 20‑108, 20‑109, or a rule adopted by the Division under this Article.

(3)        Failing to have an established salesroom, if the license holder is a motor vehicle dealer, or failing to have an established office, if the license holder is a wholesaler.

(4)        Willfully defrauding any retail buyer, to the buyer's damage, or any other person in the conduct of the licensee's business.

(5)        Employing fraudulent devices, methods or practices in connection with compliance with the requirements under the laws of this State with respect to the retaking of motor vehicles under retail installment contracts and the redemption and resale of such motor vehicles.

(6)        Using unfair methods of competition or unfair deceptive acts or practices.

(7)        Knowingly advertising by any means, any assertion, representation or statement of fact which is untrue, misleading or deceptive in any particular relating to the conduct of the business licensed or for which a license is sought.

(8)        Knowingly advertising a used motor vehicle for sale as a new motor vehicle.

(9)        Being convicted of an offense set forth under G.S. 20‑106, 20‑106.1, 20‑107, or 20‑112 while holding such a license or within five years next preceding the date of filing the application; or being convicted of a felony involving moral turpitude under the laws of this State, another state, or the United States.

(10)      Submitting a bad check to the Division of Motor Vehicles in payment of highway use taxes collected by the licensee.

(11)      Knowingly giving an incorrect certificate of title, or failing to give a certificate of title to a purchaser, a lienholder, or the Division, as appropriate, after a vehicle is sold.

(12)      Making a material misstatement in an application for a dealer license plate.

(13)      Failure to pay a civil penalty imposed under G.S. 20‑287."

SECTION 5.(b)  This section becomes effective October 1, 2014.

CHANGE TO MOTOR VEHICLE DEALER LICENSE SERVICE OF HEARING ORDER

SECTION 6.(a)  G.S. 20‑296 reads as rewritten:

"§ 20‑296.  Notice and hearing upon denial, suspension, revocationrevocation, placing on probation, or refusal to renew license.

No license shall be suspended or revoked orsuspended, revoked, denied, placed on probation, or renewal thereof refused, until a written notice of the complaint made has been furnished to the licensee against whom the same is directed, and a hearing thereon has been had before the Commissioner, or a person designated by him. At least 10 days' written notice of the time and place of such hearing shall be given to the licensee by certified mail with return receipt requested to his last known address as shown on his license or other record of information in possession of the Division. At any such hearing, the licensee shall have the right to be heard personally or by counsel. After hearing, the Division shall have power to suspend, revoke revoke, place on probation, or refuse to renew the license in question. Immediate notice of any such action shall be given to the licensee in the manner herein provided in the case of notices of hearing.accordance with G.S. 1A‑1, Rule 4(j) of the Rules of Civil Procedure."

SECTION 6.(b)  This section becomes effective October 1, 2014, and applies to notices given on or after that date.

DOT MINORITY/WOMEN BUSINESS PROGRAM

SECTION 7.(a) G.S. 136‑28.4(e) reads as rewritten:

"(e)       This section expires August 31, 2014.August 31, 2015."

SECTION 7.(b)  This section is effective when it becomes law.

REVENUE LAWS STUDY COMMITTEE/DIGITAL DISPATCHING SERVICES

SECTION 8.(a)  The Revenue Laws Study Committee is directed to study the registration requirements, fees, and penalties applicable to for‑hire passenger vehicles, including for‑hire passenger vehicles directed by digital dispatching services. The Committee shall report its findings, together with any recommended legislation, to the 2015 Regular Session of the 2015 General Assembly upon its convening.

SECTION 8.(b)  This section is effective when it becomes law."

EFFECTIVE DATE

SECTION 9.  Except as otherwise provided, this act is effective when it becomes law.