GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S D
SENATE BILL DRS15166-MW-58
Short Title: DOT Omnibus. (Public)
Sponsors: Senators Rabon, Sawyer, and Lazzara (Primary Sponsors).
Referred to:
*DRS15166 -MW-58*
A BILL TO BE ENTITLED 1
AN ACT TO REVISE LAWS CONCERNING THE DEPARTMENT OF 2
TRANSPORTATION. 3
The General Assembly of North Carolina enacts: 4
5
REGULATION OF DRIVERS EDUCATION OFFERED BY COMMERCIAL DRIVER 6
TRAINING SCHOOLS 7
SECTION 1. G.S. 20-322 reads as rewritten: 8
"§ 20-322. Licenses for schools necessary; regulations as to requirements. 9
(a) No commercial driver training school shall be established nor any such existing 10
school be continued on or after July 1, 1965, unless such school applies for and obtains from the 11
Commissioner a license in the manner and form prescribed by the Commissioner. 12
(b) Regulations adopted by the Commissioner shall state the requirements for a school 13
license, including requirements concerning location, equipment, courses of instruction, 14
instructors, financial statements, schedule of fees and charges, character and reputation of the 15
operators, insurance, bond or other security in such sum and with such provisions as the 16
Commissioner deems necessary to protect adequately the interests of the public, and such other 17
matters as the Commissioner may prescribe. A driver education course offered to prepare an 18
individual for a limited learner's permit or another provisional license must meet the requirements 19
set in G.S. 115C-215 for the program of driver education offered in the public schools. 20
(c) Regulations adopted by the Commissioner for the course of instruction to be offered 21
by commercial driver training schools to prepare an individual for a limited learner's permit or 22
another provisional license must include, but are not limited to, the curriculum requirements in 23
G.S. 115C-215(b). 24
(d) In addition to regulations adopted by the Commissioner under subsection (c) of this 25
section, commercial driver training schools providing courses to prepare an individual for a 26
limited learner's permit or another provisional license through the public schools must meet all 27
requirements set in G.S. 115C-215 for the program of driver education offered in the public 28
schools." 29
30
DEALER LICENSE RENEWAL FIX 31
SECTION 2. G.S. 20-288(b2), as enacted by Section 27(a) of S.L. 2024-30, reads 32
as rewritten: 33
"(b2) For a licensed dealer, manufacturer, factory branch, distributor, distributor branch, or 34
wholesaler applying for renewal, the death of a co-owner in the licensed business entity shall not 35
be considered a change of ownership for purposes of licensure, as long as the business entity has 36
FILED SENATE
Mar 24, 2025
S.B. 391
PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRS15166-MW-58
no new co-owners or changes in structure of the business entity. The applicant a change in 1
ownership is not grounds for denial, suspension, or revocation of a license, as long as any new 2
owner is otherwise qualified for licensure and approved by the Division. The licensee shall be 3
considered by the Division to be a continuing business for purposes of renewal and shall not be 4
required to apply for a license as a new business." 5
6
CHANGE CASH BALANCE REQUIREMENT TO CASH ON HAND 7
SECTION 3. G.S. 143C-6-11(f) and (k) read as rewritten: 8
"(f) Seven and One Half Percent (7.5%) Cash Balance Required. – The Department of 9
Transportation shall maintain an available cash balance at the end of each month to an amount 10
equal to at least seven and one half percent (7.5%) a minimum of 45 days of the total 11
appropriations for the current fiscal year from the Highway Fund and the Highway Trust Fund. 12
In projecting cash balances in future years, the Department shall use the estimated cash flow as 13
specified in the Current Operations Appropriation Act. No further transportation project contract 14
commitment may be entered into that would cause the cash position to fall below this 15
requirement. In the event this cash position is not maintained, no further transportation project 16
contract commitments may be entered into until the cash balance has been regained. Provided 17
the Department may modify or supplement transportation contract commitments for existing 18
transportation projects that (i) result in a savings from the total estimated project cost of the 19
existing commitment, based on a cost-savings analysis, or (ii) relate to the needs of an existing 20
transportation project to continue. Any federal funds on hand shall not be considered as cash for 21
the purposes of this subsection. 22
… 23
(k) The Department of Transportation shall do all of the following: 24
(1) Utilize cash flow financing to the extent possible to fund transportation 25
projects with the goal of reducing the combined average daily cash balance of 26
the Highway Fund and the Highway Trust Fund to an amount equal to between 27
fifteen and twenty percent (15-20%) 75 and 120 days of the total 28
appropriations for the current fiscal year from those funds. In projecting cash 29
balances in future years, the Department shall use the estimated cash flow as 30
specified in the Current Operations Appropriation Act. Any federal funds on 31
hand shall not be considered as cash for the purposes of this subsection. The 32
target amount shall include an amount necessary to make all municipal-aid 33
funding requirements of the Department. 34
…." 35
36
REGISTRATION OF RIGHT -OF-WAY PLANS 37
SECTION 4. G.S. 136-19.4 reads as rewritten: 38
"§ 136-19.4. Registration of right-of-way plans. 39
(a) A copy of the cover sheet and plan and profile sheets of the final right-of-way plans 40
for all Department of Transportation projects, on those projects for which plans are prepared, 41
under which right-of-way or other interest in real property is acquired or access is controlled shall 42
be certified by the Department of Transportation to the register of deeds of the county or counties 43
within which the project is located. The Department shall certify said plan sheets to the register 44
of deeds within two weeks from their formal approval by the Board of Transportation.The 45
Department shall certify the plan sheets with the register of deeds at the completion of the project. 46
(b) The copy of the plans certified to the register of deeds shall consist of a Xerox, 47
photographic, or other permanent copy, except for plans electronically transmitted pursuant to 48
subsection (b1) of this section, and shall measure approximately 17 inches by 11 inches including 49
no less than one and one-half inches binding space on the left-hand side. 50 General Assembly Of North Carolina Session 2025
DRS15166-MW-58 Page 3
(b1) With the approval of the county in which the right-of-way plans are to be filed, the 1
Department may transmit the plans electronically. 2
(c) Notwithstanding any other provision in the law, upon receipt of said original certified 3
copy of the right-of-way plans, the register of deeds shall record said right-of-way plans and 4
place the same in a book maintained for that purpose, and the register of deeds shall maintain a 5
cross-index to said right-of-way plans by number of road affected, if any, and by identification 6
number. No probate before the clerk of the superior court shall be required. 7
(d) If after the approval of said final right-of-way plans the Board of Transportation shall 8
by resolution alter or amend said right-of-way or control of access, the Department of 9
Transportation, within two weeks from the adoption by the Board of Transportation of said 10
alteration or amendment, shall certify to the register of deeds in the county or counties within 11
which the project is located a copy of the amended plan and profile sheets approved by the Board 12
of Transportation and the register of deeds shall remove the original plan sheets and record the 13
amended plan sheets in lieu thereof. 14
(e) The register of deeds in each county shall collect a fee from the Department of 15
Transportation for recording right-of-way plans and profile sheets in the amount set out in 16
G.S. 161-10." 17
18
ELIMINATE TURNPIKE AUTHORITY REPORTING REQUIREMENTS 19
SECTION 5. G.S. 136-89.193 reads as rewritten: 20
"§ 136-89.193. Annual plan of work; annual and quarterly reports.report. 21
(a) Annual Plan of Work. – The Authority shall annually develop a plan of work for the 22
fiscal year, describing the activities and projects to be undertaken, accompanied by a budget. 23
This annual plan of work shall be subject to the concurrence of the Board of Transportation. 24
(b) Annual Reports. Report. – The Authority shall, promptly following the close of each 25
fiscal year, submit an annual report of its activities for the preceding fiscal year and an annual 26
audit of its books and accounts for the preceding fiscal year to the Governor, the General 27
Assembly, and the Department of Transportation. The report and audit shall be submitted no later 28
than October 31 of the fiscal year in which the report and audit are completed. 29
The North Carolina Turnpike Authority shall report to the Joint Legislative Transportation 30
Oversight Committee on January 31, 2017, and in its annual report thereafter, the number of 31
one-time toll facility users who are charged more than fifty dollars ($50.00) in processing fees 32
imposed under G.S. 136-89.215 and civil penalties assessed under G.S. 136-89.216. 33
(c) Repealed by Session Laws 2016-90, s. 4, effective July 11, 2016. 34
(d) Report Prior to Let of Contracts. – The Authority shall consult with and report to the 35
Joint Legislative Transportation Oversight Committee and the Joint Legislative Commission on 36
Governmental Operations prior to the letting of any contract for Turnpike Project construction 37
authorized under G.S. 136-183(a)(2). 38
(e) Repealed by Session Laws 2011-145, s. 28.35(a), effective July 1, 2011." 39
40
TURNPIKE UNPAID TOLL NOTICE BY ELECTRONIC MAIL 41
SECTION 6. G.S. 136-89.214(a) reads as rewritten: 42
"(a) Bill. – If a motor vehicle travels on a Turnpike project that uses an open road tolling 43
system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the 44
Authority must send a bill by first-class mail to the registered owner of the motor vehicle or the 45
person who had care, custody, and control of the vehicle as established under G.S. 136-89.212(b) 46
for the amount of the unpaid toll; provided, however, that with the written consent of the 47
registered owner of the motor vehicle or the person who had care, custody, and control of the 48
vehicle as set forth above, the Authority may send the bill via electronic mail to a designated 49
electronic mail account or electronic mail account on file with a state Department of Motor 50
Vehicles rather than by first-class mail. The Authority must send the bill within 90 days after the 51 General Assembly Of North Carolina Session 2025
Page 4 DRS15166-MW-58
travel occurs, or within 90 days of receipt of a sworn affidavit submitted under 1
G.S. 136-89.212(b) identifying the person who had care, custody, and control of the motor 2
vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. 3
The Authority must establish a billing period for unpaid open road tolls that is no shorter than 15 4
days. A bill for a billing period must include all unpaid tolls incurred by the same person during 5
the billing period." 6
7
REMOVE LIMIT ON TURNPIKE PROJECTS 8
SECTION 7. G.S. 136-89.183(a)(2) reads as rewritten: 9
"(2) To study, plan, develop, and undertake preliminary design work on Turnpike 10
Projects. At the conclusion of these activities, the Turnpike Authority is 11
authorized to design, establish, purchase, construct, operate, and maintain no 12
more than eleven projects, which shall include include, but not be limited to, 13
the following: 14
a. Triangle Expressway, including segments also known as N.C. 540, 15
Triangle Parkway, Phases 1 and 2 of Complete 540, and the Western 16
Wake Freeway in Wake and Durham Counties. The described 17
segments constitute one project. 18
b. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013. 19
c. Monroe Connector/Bypass. 20
d., e. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013. 21
f. Repealed by Session Laws 2008-225, s. 4, effective August 17, 2008. 22
Any other project proposed by the Authority in addition to the projects listed 23
in this subdivision requires prior consultation with the Joint Legislative 24
Commission on Governmental Operations pursuant to G.S. 120-76.1 no less 25
than 180 days prior to initiating the process required by Article 7 of Chapter 26
159 of the General Statutes. 27
With the exception of the two projects set forth in sub subdivisions a. and c. 28
of this subdivision, the Turnpike projects selected for construction by the 29
Turnpike Authority, prior to the letting of a contract for the project, shall meet 30
the following conditions: (i) two of the projects must be ranked in the top 35 31
based on total score on the Department produced list entitled "Mobility Fund 32
Project Scores" dated June 6, 2012, and, in addition, may be subject to 33
G.S. 136-18(39a); (ii) of the projects not ranked as provided in (i), one may 34
be subject to G.S. 136-18(39a); (iii) the projects shall be included in any 35
applicable locally adopted comprehensive transportation plans; (iv) the 36
projects shall be shown in the current State Transportation Improvement 37
Program; and (v) toll projects must be approved by all affected Metropolitan 38
Planning Organizations and Rural Transportation Planning Organizations for 39
tolling." 40
41
CLARIFY USE OF REVENUE FROM TURNPIKE PROJECTS 42
SECTION 8. G.S. 136-89.188(a) reads as rewritten: 43
"(a) Revenues derived from a Turnpike Project authorized under this Article shall be used 44
only for the following costs associated with the Project from which the revenue was derived or a 45
planned contiguous toll facility:facility identified in a transportation plan adopted by an affected 46
Metropolitan Planning Organization: 47
(1) Authority administration costs. 48
(2) Development, right-of-way acquisition, design, construction, expansion, 49
operation, maintenance, reconstruction, rehabilitation, and replacement costs. 50 General Assembly Of North Carolina Session 2025
DRS15166-MW-58 Page 5
(3) Debt service on the Authority's revenue bonds or related purposes such as the 1
establishment of debt service reserve funds. 2
(4) Debt service, debt service reserve funds, and other financing costs related to 3
any of the following: 4
a. A financing undertaken by a private entity under a partnership 5
agreement with the entity for the Project. 6
b. Private activity bonds issued under law related to the Project. 7
c. Any federal or State loan, line of credit, or loan guarantee relating to 8
the Project. 9
(5) A return on investment of any private entity under a partnership agreement 10
with the entity for the Project. 11
(6) Any other uses granted to a private entity under a partnership agreement with 12
the entity for the Project." 13
14
REVISIONS TO BRIDGE PROGRAM OUTSOURCING 15
SECTION 9. G.S. 136-76.2(c) reads as rewritten: 16
"(c) Outsourcing. – Except for the following activities, all projects funded under the bridge 17
program established under subsection (a) of this section shall be outsourced to private 18
contractors: 19
(1) Inspection. 20
(2) Pre-engineering. 21
(3) Contract preparation. 22
(4) Contract administration and oversight. 23
(5) Planning activities. 24
(6) Installation of culverts and structures described in subsection (b) of this 25
section, but only in cases of emergency.section on low volume or non-outlet 26
roads." 27
28
EXEMPT FERRY DIVISION FROM TEMPORARY SOLUTIONS PROGRAM 29
SECTION 10. G.S. 126-6.3(a) reads as rewritten: 30
"(a) Use of Temporary Solutions Required for Cabinet Agencies. – Notwithstanding 31
G.S. 126-5 or any other provision of law, all Cabinet agencies that utilize temporary employees 32
to perform work that is not information technology-related shall employ them through the 33
Temporary Solutions Program administered by the Office of State Human Resources (OSHR). 34
Council of State agencies may use the Temporary Solutions Program in the discretion of the 35
agency. The Department of Transportation, Ferry Division, is exempt from the required use of 36
the Temporary Solutions Program when there is an established need for peak season hires or 37
when the work requires a specific skill set beyond the scope of temporary employees." 38
39
MODIFY STIP REPORTING AND LOCAL CONSULTATION REQUIREMENTS 40
SECTION 11. G.S. 136-12 reads as rewritten: 41
"§ 136-12. Reports to General Assembly; Transportation Improvement Program posted 42
and submitted to members and staff of General Assembly. 43
(a) The Department of Transportation shall shall, on or before the tenth day after the 44
convening of each regular session of the General Assembly, make a full printed and detailed 45
report to the Joint Legislative Transportation Oversight Committee by March 1 of each year on 46
how the previous fiscal year's funds for the General Assembly that includes the cost of 47
maintenance and construction were allocated and expended. The work undertaken by the 48
Department, receipts of license fees, disbursements of the Department, and other financial 49
information relevant to illustrate the Department's financial condition during the previous fiscal 50
year. For maintenance and construction work undertaken by the Department, the report shall also 51 General Assembly Of North Carolina Session 2025
Page 6 DRS15166-MW-58
include expenditures of both State and federal funds and shall be in sufficient detail that the 1
county can be identified. A full account of each road project shall be kept by and under the 2
direction of the Department of Transportation or its representatives, to ascertain at any time the 3
expenditures and the liabilities against all projects; also records of contracts and force account 4
work. The account records, together with all supporting documents, shall be open at all times to 5
the inspection of the Governor or road authorities of any county, or their authorized 6
representatives, and copies thereof shall be furnished such officials upon request. 7
…." 8
9
AUTHORIZE ELECTRONIC PAYMENT TRANSACTION FEE FOR FERRIES 10
SECTION 12. G.S. 136-82 is amended by adding a new subsection to read: 11
"(b3) Transaction Fee Authorized for Electronic Payment. – When the Department of 12
Transportation accepts electronic payment, as that term is defined in G.S. 147-86.20, for any toll 13
or fee authorized under this Article, the Department may add a transaction fee to each electronic 14
payment transaction to offset the service charge the Department pays for electronic payment 15
service. The transaction fee authorized under this subsection shall not exceed two percent (2%) 16
of the electronic payment." 17
18
MODIFICATIONS TO PROPERTY RIGHTS IN THE ACQUISITION AND 19
CONDEMNATION OF PROPERTY BY THE DEPARTMENT OF TRANSPORTATION 20
SECTION 13.(a) G.S. 136-108 reads as rewritten: 21
"§ 136-108. Determination of issues other than damages. 22
(a) After the filing of the plat, the judge, upon motion and 10 days' notice by either the 23
Department of Transportation or the owner, shall, either in or out of term, hear and determine 24
any and all issues raised by the pleadings other than the issue of damages, including, but not 25
limited to, if controverted, questions of necessary and proper parties, title to the land, interest 26
taken, and area taken. 27
(b) The effect of the imposition of easements, including, but not limited to, permanent 28
utility easements, aerial utility easements, permanent drainage easements, permanent drainage 29
utility easements, temporary construction easements, temporary drainage easements, temporary 30
utility easements, and slope easements, is an issue of damages and shall not be subject to 31
consideration pursuant to this section." 32
SECTION 13.(b) G.S. 136-112 reads as rewritten: 33
"§ 136-112. Measure of damages. 34
The following shall be the measure of damages to be followed by the commissioners, jury or 35
judge who determines the issue of damages: 36
(1) Where only a part of a tract is taken, the measure of damages for said taking 37
shall be the difference between the fair market value of the entire tract 38
immediately prior to said taking and the fair market value of the remainder 39
immediately after said taking, with consideration being given to any special 40
or general benefits resulting from the utilization of the part taken for highway 41
purposes. 42
(2) Where the entire tract is taken the measure of damages for said taking shall be 43
the fair market value of the property at the time of taking. 44
(3) Evidence of the damages resulting from the imposition of easements, 45
including, but not limited to, permanent utility easements, aerial utility 46
easements, permanent drainage easements, permanent drainage utility 47
easements, temporary construction easements, temporary drainage easements, 48
temporary utility easements, and slope easements, shall not be presumed to be 49
based on the Department of Transportation exercising its rights to the fullest 50 General Assembly Of North Carolina Session 2025
DRS15166-MW-58 Page 7
extent of the law but shall be based on consideration of the project plans and 1
other admissible market evidence." 2
SECTION 13.(c) G.S. 136-89.52 reads as rewritten: 3
"§ 136-89.52. Acquisition of property and property rights. 4
(a) For the purposes of this Article, the Department of Transportation may acquire private 5
or public property and property rights for controlled-access facilities and service or frontage 6
roads, including rights of access, air, view and light, by gift, devise, purchase, or condemnation 7
in the same manner as now or hereafter authorized by law to acquire such property or property 8
rights in connection with highways. The property rights acquired under the provisions of this 9
Article may be in fee simple or an appropriate easement for right-of-way in perpetuity. In 10
connection with the acquisition of property or property rights for any controlled-access facility 11
or portion thereof, or frontage road in connection therewith, the Department of Transportation 12
may, in its discretion, with the consent of the landowner, acquire an entire lot, parcel, or tract of 13
land, if by so doing, the interests of the public will be best served, even though said entire lot, 14
parcel, or tract is not immediately needed for the right-of-way proper. 15
(b) Along new controlled-access highway locations, abutting property owners shall not 16
be entitled to access to such new locations, and no abutter's easement of access to such new 17
locations shall attach to said property. Where part of a tract of land is taken or acquired for the 18
construction of a controlled-access facility on a new location, the nature of the facility 19
constructed on the part taken, including the fact that there shall be no direct access thereto, shall 20
be considered in determining the fair market value of the remaining property immediately after 21
the taking. 22
(c) In no event shall the imposition of easements, including permanent utility easements, 23
aerial utility easements, permanent drainage easements, permanent drainage utility easements, 24
temporary construction easements, temporary drainage easements, temporary utility easements, 25
and slope easements, be construed to constitute the imposition of new control-of-access or the 26
taking of the property owner's abutters easement of access." 27
SECTION 13.(d) This section becomes effective July 31, 2025, and applies to causes 28
of action arising on or after that date. 29
30
EFFECTIVE DATE 31
SECTION 14. Except as otherwise provided, this act is effective when it becomes 32
law. 33