North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S63 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 63
3+S D
4+SENATE BILL DRS35032-NE-2
5+
56
67
78 Short Title: Board of Motor Vehicles/Authority Study. (Public)
89 Sponsors: Senators Rabon, Sawyer, and Lazzara (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-February 10, 2025
11-*S63-v-1*
10+Referred to:
11+
12+*DRS35032 -NE-2*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO ESTABLISH THE BOARD OF MOTOR VEHICLES AND TO STUDY THE 2
1415 CREATION OF THE MOTOR VEHICLE AUTHORITY . 3
1516 The General Assembly of North Carolina enacts: 4
1617 5
1718 PART I. ESTABLISH BOARD OF MOTOR VEHICLES 6
1819 SECTION 1.(a) G.S. 20-2(a) reads as rewritten: 7
1920 "(a) Commissioner and Assistants. – The Division of Motor Vehicles shall be 8
2021 administered by the Commissioner of Motor Vehicles, who shall be appointed by and serve at 9
2122 the pleasure of the Secretary of the Department of Transportation. Board of Motor Vehicles. The 10
2223 Commissioner shall be paid an annual salary to be fixed by the Governor and allowed traveling 11
2324 expenses as allowed by law. 12
2425 In any action, proceeding, or matter of any kind, to which the Commissioner of Motor 13
2526 Vehicles is a party or in which he may have an interest, all pleadings, legal notices, proof of 14
2627 claim, warrants for collection, certificates of tax liability, executions, and other legal documents, 15
2728 may be signed and verified on behalf of the Commissioner of Motor Vehicles by the Assistant 16
2829 Commissioner of Motor Vehicles or by any director or assistant director of any section of the 17
2930 Division of Motor Vehicles or by any other agent or employee of the Division so authorized by 18
3031 the Commissioner of Motor Vehicles." 19
3132 SECTION 1.(b) Article 1 of Chapter 20 of the General Statutes is amended by 20
3233 adding a new section to read: 21
3334 "§ 20-2.1. Board of Motor Vehicles. 22
3435 (a) There is hereby created a Board of Motor Vehicles. The Board is responsible for 23
3536 appointing the Commissioner of Motor Vehicles and overseeing the organization and 24
3637 administration of the Division of Motor Vehicles by the Commissioner. 25
3738 (b) The Board consists of nine voting members as follows: 26
3839 (1) The Secretary of Transportation or the Secretary's designee. 27
3940 (2) The Secretary of the Department of Information Technology or the Secretary's 28
4041 designee. 29
4142 (3) The Commander of the State Highway Patrol or the Commander's designee. 30
4243 (4) Two members appointed by the Governor. 31
4344 (5) Two members appointed by the General Assembly upon recommendation of 32
4445 the President Pro Tempore of the Senate. 33
4546 (6) Two members appointed by the General Assembly upon recommendation of 34
46-the Speaker of the House of Representatives. 35 General Assembly Of North Carolina Session 2025
47-Page 2 Senate Bill 63-First Edition
47+the Speaker of the House of Representatives. 35
48+FILED SENATE
49+Feb 6, 2025
50+S.B. 63
51+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRS35032-NE-2
4853 (c) The terms of one member of the Board each appointed under subdivisions (4), (5), 1
4954 and (6) of subsection (b) of this section shall begin on July 1, 2025, and expire on June 30, 2027. 2
5055 The terms of one member of the Board each appointed under subdivisions (4), (5), and (6) of 3
5156 subsection (b) of this section shall begin on July 1, 2025, and expire on June 30, 2029. Thereafter, 4
5257 all Board members appointed under subdivisions (4) through (6) of subsection (b) of this section 5
5358 shall be appointed for four-year terms beginning on July 1 of the year that the previous term 6
5459 expired. 7
5560 (d) Board members appointed under subdivisions (4) through (6) of subsection (b) of this 8
5661 section shall continue to serve until their successors are appointed. The appointing authority may 9
5762 appoint a member to serve out the unexpired term of a Board member appointed by that 10
5863 appointing authority. The appointing authority may remove a member of the Board appointed by 11
5964 that appointing authority for any cause the appointing authority finds sufficient. 12
6065 (e) The Board shall meet at least quarterly and may meet at any time at the call of the 13
6166 chairperson or any three members of the Board. All clerical and other services required by the 14
6267 Board shall be supplied by the Secretary of the Department of Transportation. 15
6368 (f) The Board shall select a chairperson and may select other officers from among its 16
6469 membership. The Board shall have the power to adopt and enforce rules and regulations for the 17
6570 government of its business and proceedings. A majority of the Board shall constitute a quorum 18
6671 for the transaction of business. Board members shall receive per diem and necessary travel and 19
6772 subsistence expenses in accordance with G.S. 138-5 and G.S. 138-6, as appropriate." 20
6873 SECTION 1.(c) G.S. 20-3 reads as rewritten: 21
6974 "§ 20-3. Organization of Division. 22
7075 The Commissioner, subject to the approval of the Secretary of the Department of 23
7176 Transportation, shall organize and administer the Division in such manner as he the 24
7277 Commissioner may deem necessary to conduct the work of the Division." 25
7378 26
7479 PART II. STUDY CREATION OF MOTOR VEHICLE AUTHORITY 27
7580 SECTION 2.(a) It is the intent of the General Assembly to consider the creation of 28
7681 the Motor Vehicle Authority as a successor agency to the Division of Motor Vehicles of the 29
7782 North Carolina Department of Transportation. The proposed Authority would assume the legal 30
7883 authority currently exercised by the Division and, at minimum, meet all of the following criteria: 31
7984 (1) Be composed of a nine-member board, with five members appointed by the 32
8085 General Assembly and four members appointed by the Governor. 33
8186 (2) Appoint a chair, vice-chair, secretary, and treasurer. 34
8287 (3) Be responsible for (i) hiring the Commissioner of Motor Vehicles and (ii) 35
8388 setting the Commissioner's salary. 36
8489 (4) Have the authority to replace the Commissioner. 37
8590 SECTION 2.(b) The Department of Transportation, in consultation with the 38
8691 Department of Information Technology and the State Highway Patrol, shall study and provide a 39
8792 plan for implementing the creation of the Motor Vehicle Authority described in subsection (a) of 40
8893 this section. The study and plan shall address (i) the feasibility of creating the Authority, (ii) all 41
8994 statutory changes necessary to create the Authority and transfer the Division's responsibilities to 42
9095 the Authority, (iii) an estimated time line for the creation of the Authority as a successor agency, 43
9196 including steps required to facilitate the succession, and (iv) any other issue deemed relevant to 44
9297 the study and implementation plan. 45
9398 SECTION 2.(c) The Department of Transportation shall report the findings of the 46
9499 study required by this section, including the proposed implementation plan and any associated 47
95100 legislative recommendations, to the North Carolina General Assembly, the chairs of the Joint 48
96101 Legislative Transportation Oversight Committee, and the Fiscal Research Division no later than 49
97102 January 1, 2026. 50
98103 51 General Assembly Of North Carolina Session 2025
99-Senate Bill 63-First Edition Page 3
104+DRS35032-NE-2 Page 3
100105 PART III. EFFECTIVE DATE 1
101106 SECTION 3. Part I of this act becomes effective July 1, 2025. The remainder of this 2
102107 act is effective when it becomes law. 3