GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                   2

HOUSE BILL 268

Committee Substitute Favorable 4/21/15

Short Title:        Amend Transportation Laws.‑AB	(Public)
Sponsors:
Referred to:

March 18, 2015

A BILL TO BE ENTITLED

AN ACT to amend the tolling procedures of the Turnpike authority by Allowing the authority to send toll bills by electronic mail, to ALLOW THE DEPARTMENT OF TRANSPORTATION TO GENERATE CERTAIN RECEIPTS TO FUND RAIL PASSENGER SERVICE, TO PROVIDE AN EXEMPTION FROM THE UMSTEAD ACT FOR SUCH ACTIVITIES, and to amend and clarify the statutes governing the clearance of wrecked vehicles and other traffic obstacles from public highways, as recommended by the Department of Transportation.

The General Assembly of North Carolina enacts:

TURNPIKE AUTHORITY ELECTRONIC BILLING

SECTION 1.  G.S. 136‑89.214(a) reads as rewritten:

"(a)       Bill. – If a motor vehicle travels on a Turnpike project that uses an open road tolling system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the Authority must send a bill by first‑class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under G.S. 136‑89.212(b) for the amount of the unpaid toll.toll, provided, however, that with the written consent of the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as set forth above, the Authority may send the bill via electronic mail to a designated electronic mail account rather than by first‑class mail. The Authority must send the bill within 90 days after the travel occurs, or within 90 days of receipt of a sworn affidavit submitted under G.S. 136‑89.212(b) identifying the person who had care, custody, and control of the motor vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. The Authority must establish a billing period for unpaid open road tolls that is no shorter than 15 days. A bill for a billing period must include all unpaid tolls incurred by the same person during the billing period."

PASSENGER RAIL RECEIPT‑GENERATING ACTIVITIES

SECTION 2.1.  G.S. 136‑18 is amended by adding a new subdivision to read:

"(44a) Where the Department owns or leases the passenger rail facility, owns the rail equipment, or holds leasehold or license rights for the purpose of operating passenger stations, the Department may operate or contract for the following receipt‑generating activities and use the proceeds to fund passenger rail operations:

a. Where the Department owns the passenger rail facility or owns or leases the rail equipment, operation of concessions on State‑funded passenger trains and at passenger rail facilities to provide to passengers food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the passenger rail system.

b. Where the Department holds leasehold or license rights for the purpose of operating passenger stations, operation of concessions at rail passenger facilities to provide food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the passenger rail system, in accordance with the terms of the leasehold or license.

c. Advertising on or within the Department's passenger rail equipment or facility, including display advertising and advertising delivered to passengers through the use of video monitors, public address systems installed in passenger areas, and other electronic media.

d. The sale of naming rights to Department‑owned passenger rail equipment or facilities."

SECTION 2.2.  G.S. 66‑58(c)(21) reads as rewritten:

"(21)    Any activity conducted or contracted for by the Department of Transportation that is authorized by G.S. 136‑18(44a) or G.S. 136‑82(f)."

AMEND HIGHWAY OBSTRUCTION QUICK CLEARANCE REQUIREMENTS

SECTION 3.  G.S. 20‑161(f) reads as rewritten:

"(f)       Any An investigating law enforcement officer, with the concurrence of the Department of Transportation, or the Department of Transportation, with the concurrence of the investigating law enforcement officer, may immediately remove or cause to be removed from the State highway system any wrecked, abandoned, disabled, unattended, burned, or partially dismantled vehicle, cargo, or other personal property interfering with the regular flow of traffic or which otherwise constitutes a hazard. In the event of a motor vehicle crash involving serious personal injury or death, no removal shall occur until the investigating law enforcement officer determines that adequate information has been obtained for preparation of a crash report. No state or local law enforcement officer, Department of Transportation employee, or person or firm contracting or assisting in the removal or disposition of any such vehicle, cargo, or other personal property shall be held criminally or civilly liable for any damage or economic injury related to carrying out or enforcing the provisions of this section."

EFFECTIVE DATE

SECTION 4.  Section 3 of this act is effective when it becomes law and applies to any obstructions to traffic arising on or after 12:01 A.M. of the day following that date. The remainder of this act is effective when it becomes law.