2009-2010 LEGISLATIVE SESSION ENDS - The biennial session of the General Assembly adjourned sine die at 5:33 a.m. on Saturday, July 10, following an all-night session in which legislators scrambled to clear up loose ends and push through some last minute bills.

 

BILLS OF INTEREST TO MOTORCYCLISTS - Now that the 2009-2010 Session has concluded, let's take a look at the final disposition of bills that were of interest to motorcyclists:

 

S 12. BAN MOBILE PHONE USE WHILE DRIVING (H 6  - Makes using a mobile phone or accessing additional technology unlawful while operating a motor vehicle on a public street or highway.  Introduced in 2009, the bill passed the Senate Judiciary II Committee in 2010 and was referred to Appropriations where it died without further consideration.

 

S 22. Ban TEXTING WHILE DRIVING (H 9, S 96) - Makes it unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area.  Makes it unlawful to engage in text messaging while driving.  Introduced in 2009, this bill never made it out of the Senate, but its House companion - H 9 - was enacted in 2009.

   

S 45. OFF-ROAD VEHICLE TRUST FUND (H 86) - Requires all-terrain vehicles and motorcycles that are used as off-road vehicles to be registered with DMV and creates a non-reverting revenue fund in DENR as the Off-Road vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities and to create a new off-road recreation program.  Imposes an additional $10 fee on each off-road vehicle registered; the revenue from the additional fee is to be used to fund the Fund.  Introduced in 2009, this bill died in committee without ever being taken up for consideration.

 

S 64. MOTORCYCLE LEARNER'S PERMIT - As introduced in 2009, this bill was unacceptable to CBA/ABATE, but after intense grassroots lobbying by CBA/ABATE, the bill was amended to include different requirements for obtaining a motorcycle endorsement for persons under 18 years of age; to retain substantially the same requirements in existing law for obtaining a motorcycle endorsement for a person 18 years of age and older; to restore requirement for a person to take a road test; to provide that for a person under 18 to obtain a motorcycle endorsement, the person must demonstrate competence to drive a motorcycle by (1) passing a written or oral test concerning motorcycles and (2) providing proof of successful completion of one of the specified safety programs, in addition to paying the required fee. The bill also provides that an applicant for a motorcycle learner's permit who is under 18 years old (was, 21 years old or an applicant who has held a valid driver's license for less than two years) must complete one of the specified safety programs.  Also provides that a motorcycle learner's permit expires 12 (was, six) months after it is issued.  Once CBA/ABATE removed its opposition, the bill was enacted into law in August 2009 as SL2009-492.

 

S 96. Ban TEXTING WHILE DRIVING (H 9, S 22) - Makes it unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area.   Introduced in 2009, this bill never made it out of the Senate, but its House companion - H 9 - was enacted in 2009.

 

S 135. OPERATION OF MOPEDS - Requires mopeds to be registered with DMV and to have a policy of financial responsibility in full force and effect.  Prohibits passengers on a moped; requires that mopeds be registered with the Division of Motor Vehicles (Division) in the same manner as any other vehicle, with the owner paying the same fees, as well as issued the same registration card and plate as a motorcycle, and (3) makes it unlawful to operate a moped on a public street or highway or public vehicular area without financial responsibility in full force and effect as required by Article 9 and 13 of GS Chapter 20, with the Division enforcing compliance the same as any other motor vehicle.  This bill received a favorable report from the Senate Commerce Committee in 2009, but after passing 2nd reading in the Senate, was withdrawn from the calendar and referred back to the Commerce Committee where it died without further consideration.

 

S 181. DRIVERS LICENSES CHANGE EXPIR./8 YEARS TO 65 - Increases the age cap of persons receiving an 8-year driverâ€?s license from 54 to 65 years of age.  Permits persons who are at least 18 years old, but less than 65 years old (was, less than 54 years old), to be issued or renewed a drivers license that expires on the licensee's birthday, in the eighth year after the license was issued or renewed.  This bill was ratified on 9 July 2010 and awaits enactment by the Governor.

 

S 247. PURPLE HEART MOTORCYCLE SPECIAL PLATE - Authorizes DMV to develop a motorcycle plate for the Purple Heart Special Plate.  Introduced in 2009, this bill died in the Senate Finance Committee without ever being taken up for consideration. 

 

S 318. MOPEDS/LICENSE, REGISTRATION & FINANCIAL RESP - Requires mopeds to be registered with DMV, requires a driver's license to operate a moped on public streets and highways, and restricts operation of mopeds to those streets and highways with posted speed limits of 40 mph or less.  Introduced in 2009, this bill died in the Senate Judiciary I Committee without ever being taken up for consideration.

Introduced by Apodaca.

 

S 368. VARIOUS CHANGES IN MOTOR VEHICLE LAW - Makes various changes to motor vehicle law, including, in Sec. 12, requiring that owners of motorcycles maintain in good working order directional signals installed by the manufacturer.  Amends GS 20-125.1(d) to specify that requirements related to directional signals do not apply to motorcycles unless the motorcycle was equipped with electrical or mechanical directional signals from the manufacturer.   At the request of NC CBA/ABATE, House Committee substitute deletes Sec. 12 in its entirety.  This bill was enacted into law on 31 July 2009 as SL2009-376.

 

S 380. Collection of data/dmv reports - Requires DMV to collect data regarding the use of mobile phones or any additional technology related to crashes on forms supplied by DMV.  This bill was amended in the Senate to replace the requirement to report whether the use of mobile phones or any other technology was related to a motor vehicle crash with a requirement that reports of crashes include information about whether or not the driver was distracted at the time of the crash and if so, an indication of what caused the distraction.  Introduced in 2009, passed the Senate, but after receiving a favorable report from the House Transportation Committee, died in the House Judiciary III Committee without ever being taken up for consideration.

 

S 642. REQUIRE OFF-ROAD VEHICLES TO BE REGISTERED - Requires that any all-terrain vehicle registered for off-road use only be registered in the same manner as any other registered vehicle.  Introduced in 2009, this bill received a favorable report in the Senate Commerce Committee, but died in the Senate Finance Committee without ever being taken up for consideration.

 

S 688. NC LOW-EMISSION VEHICLE PROGRAM - Requires the NC Environmental Management Commission to adopt rules to implement a low-emission vehicle program that is functionally equivalent to California's program.  After intense pressure from CBA/ABATE and others, this ill-advised legislation died in the Senate Commerce Committee in 2009 without ever being taken up for consideration.

 

S 820. CREATE NEW TITLING CATEGORIES - Creates new motor vehicle titling and registration categories for motor vehicles classified as custom-built vehicles, replica vehicles, and street rods.  Diligent oversight by CBA/ABATE kept this bill from being amended to include provisions adverse to the interests of motorcyclists.  The bill was enacted in 2009 as SL2009-405.

   

S 849. REPEAL MOTOR VEHICLE SAFETY INSPECTION - Eliminates the requirement that a motor vehicle be subject to a safety inspection. Retains the vehicle emissions inspection program.  This bill died in the Senate Finance Committee without ever being calendared for consideration.

 

S 857. ELIMINATE SAFETY INSP./EMISSIONS INSP. FREQ. - Eliminates annual safety inspection requirement for motor vehicles registered in the state.  This bill died in the Senate Finance Committee without ever being calendared for consideration.

 

S 897.  Appropriation Act of 2010 - Modifies the expenditures for General Fund operating expenses for state government agencies for FY2011 and sets forth $18.9 billion budget.   After intense grassroots lobbying by CBA/ABATE, funding for high school driver education programs was retained, and the bill was enacted in 2010 as SL2010-31.

 

S 1131. TURNPIKE AUTHORITY TOLL ENFORCEMENT CHANGES (H 1685) - removes the 35% limitation on the discount that the Turnpike Authority (Authority) may provide to vehicles with an electronic toll collection transponder and extends the discount to motor vehicles that have prepaid the toll.  Requires that motor vehicles pay the toll prior to travel or at the time of travel on a turnpike project with an open road tolling system (was, a 15 day grace period to pay the toll after travel occurred).  Requires that a person who receives an unpaid toll bill take action within 30 days after the Authority sent the invoice (was, 30 days after receiving the bill).  Subjects persons to a $25 penalty if the individual receives two or more unpaid toll bills (was, one unpaid toll bill) and does not pay within 30 days.   This bill died in the Senate Finance Committee without ever being calendared for consideration. 

 

S 1132. MOTOR VEHICLES LAW CHANGES (H 1729)  - This bill died in the Senate Finance Committee without ever being calendared for consideration. 

 

S 1181. MODIFY APPROPRIATIONS ACT OF 2009 - Blank bill.  This bill died in the Senate Appropriations Committee without ever being calendared for consideration. 

 

S 1274. MODIFY APPROPRIATIONS ACT OF 2009 - Blank bill.  This bill died in the Senate Appropriations Committee without ever being calendared for consideration. 

 

S 1343. MODIFY APPROPRIATIONS ACT OF 2009 - Blank bill.  This bill died in the Senate Appropriations Committee without ever being calendared for consideration. 

 

S 1344. GOVERNORS BUDGET (H 1791, H 1792, H 1793) - Makes base budget appropriations for operations of state agencies for FY2011 and establishes $19 billion budget for that fiscal year.  Provides $32,021,964 for driver education.

This bill died in the Senate Appropriations Committee without ever being calendared for consideration. 

    

S 1368. MODIFY APPROPRIATIONS ACT OF 2009 - Blank bill.  This bill died in the Senate Appropriations Committee without ever being calendared for consideration. 

 

S 1383. SAFER STREETS/DNA INITIATIVES - Declares the establishment of a DNA database and databank to be in the best interest of the state citing the benefits and uses to be derived by the state in the collection of DNA from persons arrested for certain specified offenses and areas of offense.  Introduced in 2010, this bill received a favorable report from the Senate Judiciary I Committee, but was withdrawn from the Senate calendar and referred back to Judiciary I where it died without further consideration.

 

H 9. NO TEXTING WHILE DRIVING (S 22, S 96) - Makes it unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area.  Makes it unlawful to engage in text messaging while driving.  Expand the definition of additional technology to include "text messaging".  Actively supported by CBA/ABATE, this bill was enacted in 2009 as SL2009-135.

 

H 67. LICENSE PLATE FRAME/STATE NAME VISIBLE - Current law prohibits the alteration, disguise, or concealment of the figures or letters on any part or portion of a motor vehicle license plate.  This bill amends GS 20-63(g) to also prohibit using a license plate frame to alter, disguise, or conceal figures, letters, or the state name on any part or portion of a motor vehicle license plate. Effective December 1, 2009, and applies to offenses committed after that date.  This bill was enacted in 2009 as SL2009-456.

 

H 68. BAN MOBILE PHONE USE WHILE DRIVING (S 12) - Makes using a mobile phone or accessing additional technology unlawful while operating a motor vehicle on a public street or highway or public vehicular area.  This bill died in the House Transportation Committee without being calendared for consideration.

 

H 82. INCREASE AUTO INSURANCE LIABILITY LIMITS - Amends relevant sections of GS chapters 20, 58, and 62 to increase mandatory liability insurance requirements from $30,000 to $75,000 for bodily injury to or death of one person in any one accident; from $60,000 to $150,000 for bodily injury to or death of two or more persons in any one accident; and from $25,000 to $50,000 for injury to or destruction of property of others in any one accident.   This bill died in the House Ways & Means Committee without ever being calendared for consideration.

 

H 86. OFF-ROAD VEHICLE TRUST FUND (S 45) - Requires all-terrain vehicles and motorcycles that are used as off-road vehicles to be registered with DMV and creates a non-reverting revenue fund in DENR as the Off-Road vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities and to create a new off-road recreation program.  Imposes an additional $10 fee on each off-road vehicle registered; the revenue from the additional fee is to be used to fund the Fund.  Introduced in 2009, this bill was amended in Senate State Government Committee to include off-road motorcycles and was approved by the Senate Finance Committee, but the bill died in the Senate Appropriations committee without ever being taken up for consideration.

 

H 118. SPECIAL PLATE FOR BLUE KNIGHTS - Authorizes DMV to develop a specialized license plate for motorcycles and to produce a Blue Knights Motorcycle special plate.   This bill received a favorable report from the House Transportation Committee, but died in House Finance without ever being calendared for consideration.

 

H 134. ASSAULT STATE OR LOCAL OFFICER OR EMPLOYEE - Enacts a new GS 14-33.3 to make it a Class I felony, unless some provision of law provides for greater punishment, for any person to assault an officer or employee of the state or any political subdivision of the state, when the officer or employee is discharging or attempting to discharge the officer's or employee's official duties.  After active opposition from CBA/ABATE and others, the sponsor of this bill agreed not to have the bill calendared for consideration, and the bill died in the House Judiciary III Committee.

 

H 166. INCREASE MAX. SPEED FOR MOPEDS AND SCOOTERS - Amends GS 105-164.3(22), the definition of moped, by increasing the speed limit for mopeds to 50 miles per hour (was, 30 miles per hour) on a level surface.  This bill died in the House Transportation Committee without ever being calendared for consideration.

 

H 182. TRAFFIC CALMING DEVICES/RES. SUBDIVISIONS - Allows the placement of speed tables or traffic speed control devices on those portions of state roads within a residential subdivision.   This bill was enacted in 2009 as SL2009-310.

 

H 238. REQUIRE LICENSE FOR MOPED - Requires a driver's license to operate a moped.  This bill died in the House Transportation Committee without being calendared for consideration.  

 

H 289. COORDINATE TRAFFIC SIGNALS/REDUCE ENERGY USE -Requires the Department of Transportation and municipalities and metropolitan planning organizations to develop traffic control plans coordinating traffic signal patterns so as to eliminate the idle time of vehicles and increase the efficient flow of traffic to reduce fossil fuel consumption, provide a cleaner environment, and reduce energy consumption.  This bill died in the House Energy Committee without being calendared for consideration.

 

H 310. MOPED REGISTRATION/LICENSING - Requires mopeds to be registered with DMV.   This bill died in the House Transportation Committee without being calendared for consideration.  

   

H 696. MOTORCYCLE AWARENESS MONTH - Designates May as Motorcycle Awareness Month.  This bill, introduced at the request of CBA/ABATE, passed the House in 2009, but died in the Senate Rules Committee without being calendared for further consideration.

 

H 839. Require Safety MC Helmet/Under 21 Only -  Provides that the requirement of G.S. 20-140.4(A)(2) that motorcycle operators and passengers wear a safety helmet that complies with FMVSS 218 does not apply to operators and passengers who are 21 years of age or older.  Reduces the penalty of violating the section to a fine of not more than $50.00 and provides that no drivers license points, insurance surcharges, or court costs shall be assessed.  This bill, introduced at the request of CBA/ABATE, was amended in House Committee to exempt operators and passengers 21 years of age or older when they are in a parade or speed zone of 45 miles per hour or less from the requirement that riders of motorcycles and moped wear helmets.  The amended bill received a favorable report from the House Transportation Committee in 2009, but died in the House Judiciary III Committee without being calendared for further consideration.    

 

H 861. CREATE NEW TITLING CATEGORIES:  Creates new motor vehicle titling and registration categories for motor vehicles classified as custom-built vehicles, replica vehicles, and street rods.  This bill died in the House Transportation Committee without being calendared for consideration.

 

H 920. MOTORCYCLES -"NO PASSENGERS UNDER AGE 16. -Prohibits the operation of motorcycles with passengers under age sixteen.  In the face of intense and active opposition by CBA/ABATE, the sponsor of this ill-advised bill requested that it not be calendared for consideration, and the bill died in the House Transportation Committee. 

 

H 1061. REVISE UM/UIM LIABILITY COVERAGE REQUIREMENTS - Requires a named insured holding a motor vehicle liability insurance policy to purchase minimum uninsured and underinsured motorist coverage at least equal to $30,000 because of bodily injury to or death of one person in any one accident and $60,000 because of bodily injury to or death of two or more persons in any one accident [equivalent to bodily liability coverage provided for in subdivision (b)(2)]. Also requires that underinsured motorist coverage be equal to the amount of uninsured motorist coverage that the insured purchases.  This bill, introduced in 2009, died in the House Ways & Means Committee without ever being calendared for consideration.

 

H 1320. CELL PHONE USE/AGGRAVATING FACTOR IN CRASHES - Requires the addition of a $100 fine for a conviction of a charge resulting from a moving motor vehicle violation where mobile phone use is noted as a distraction.  Introduced in 2009, this bill died in the House Ways & Means Committee without ever being calendared for consideration.

 

H 1561. Purple Heart Motorcycle Special Plate - Authorizes DMV to produce a motorcycle plate for Purple Heart recipients.  Introduced in 2009, this bill received a favorable report from the House Transportation Committee, but died in House Finance without ever being calendared for consideration.

 

H 1685. TURNPIKE AUTHORITY TOLL ENFORCEMENT CHANGES (S 1131) - removes the 35% limitation on the discount that the Turnpike Authority (Authority) may provide to vehicles with an electronic toll collection transponder and extends the discount to motor vehicles that have prepaid the toll.  Requires that motor vehicles pay the toll prior to travel or at the time of travel on a turnpike project with an open road tolling system (was, a 15 day grace period to pay the toll after travel occurred).  Requires that a person who receives an unpaid toll bill take action within 30 days after the Authority sent the invoice (was, 30 days after receiving the bill).  Subjects persons to a $25 penalty if the individual receives two or more unpaid toll bills (was, one unpaid toll bill) and does not pay within 30 days.   This bill was ratified on 9 July 2010 and awaits the Governor's signature.

                     

H 1686. BICYCLE SAFETY CHANGES - Prohibits bicyclists riding on streets or highways from riding more than two abreast, and provides that those riding two abreast must not impede traffic. Also requires bicyclists riding two abreast to move into a single file when being overtaken by a faster moving vehicle.   Introduced in 2010, this bill died in the House Judiciary III Committee without ever being calendared for consideration.

 

H 1729. MOTOR VEHICLES LAW CHANGES (S 1132)  - Makes various substantive and technical changes to the motor vehicle laws.  Diligent oversight by CBA/ABATE kept this bill from being amended to include provisions adverse to the interests of motorcyclists.  The bill was ratified on 9 July 2010 and awaits the Governor's signature.

 

H 1791. GOVERNORS BUDGET (H 1792, H 1793, S 1344) -  Makes base budget appropriations for operations of state agencies for FY2011 and establishes $19 billion budget for that fiscal year.  Provides $32,021,964 for driver education.  This bill died in the House Appropriations Committee without being calendared for consideration.

 

H 1792. GOVERNORS BUDGET (H 1791, H 1793, S 1344) - Makes base budget appropriations for operations of state agencies for FY2011 and establishes $19 billion budget for that fiscal year.  Provides $32,021,964 for driver education.

This bill died in the House Appropriations Committee without being calendared for consideration.

 

H 1793. GOVERNORS BUDGET (H 1791, H 1792, S 1344) - Makes base budget appropriations for operations of state agencies for FY2011 and establishes $19 billion budget for that fiscal year.  Provides $32,021,964 for driver education.

This bill died in the House Appropriations Committee without being calendared for consideration.

      

H 2027. CAR THEFT TO STEAL MOTOR PARTS - Makes theft of a motor vehicle for the purpose of stealing its parts a Class H Felony. Appropriates $25,000 for 2010-11 from the General Fund to the Judicial Department to assist with the cost of implementing this act.  This bill died in the House Judiciary III Committee without being calendared for consideration.

 

H 2031. NO SEIZURE OF FIREARMS IN EMERGENCY/FUNDS - Clarifies that the laws relating to declared states of emergency to not authorize the seizure of lawfully possessed firearms, ammunition, or ammunition components and do not authorize restrictions or prohibitions on the possession, transportation, sale, purchase, or use of lawfully possessed firearms, ammunition, or ammunition components.   This bill died in the House Judiciary I Committee without being calendared for consideration.

 

2011 SESSION - The next session of the North Carolina General Assembly will convene at noon on Wednesday, 26 January 2011.  The BIG question, of course, is who will be in charge when it does?  That question will be answered by the voters in the off-year election on 4 November 2010.

SESSION COST - During the 2009-2010 biennial session, the North Carolina House was in session a total of 151 legislative days, 148 in the Senate.  The cost of this biennial session totaled approximately $13.5 million.  During that time, the General Assembly enacted 664 bills (87 in 2010), 19% of the total number of bills introduced during the biennium.

The original of this report was prepared by Paul Wilms, Legislative Coordinator, Raleigh Chapter of the CBA/ABATE of NC.