12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO ESTABLISH THE BOARD OF MOTOR VEHICLES AND TO STUDY THE 2 |
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14 | 15 | | CREATION OF THE MOTOR VEHICLE AUTHORITY . 3 |
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15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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16 | 17 | | 5 |
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17 | 18 | | PART I. ESTABLISH BOARD OF MOTOR VEHICLES 6 |
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18 | 19 | | SECTION 1.(a) G.S. 20-2(a) reads as rewritten: 7 |
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19 | 20 | | "(a) Commissioner and Assistants. – The Division of Motor Vehicles shall be 8 |
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20 | 21 | | administered by the Commissioner of Motor Vehicles, who shall be appointed by and serve at 9 |
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21 | 22 | | the pleasure of the Secretary of the Department of Transportation. Board of Motor Vehicles. The 10 |
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22 | 23 | | Commissioner shall be paid an annual salary to be fixed by the Governor and allowed traveling 11 |
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23 | 24 | | expenses as allowed by law. 12 |
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24 | 25 | | In any action, proceeding, or matter of any kind, to which the Commissioner of Motor 13 |
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25 | 26 | | Vehicles is a party or in which he may have an interest, all pleadings, legal notices, proof of 14 |
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26 | 27 | | claim, warrants for collection, certificates of tax liability, executions, and other legal documents, 15 |
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27 | 28 | | may be signed and verified on behalf of the Commissioner of Motor Vehicles by the Assistant 16 |
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28 | 29 | | Commissioner of Motor Vehicles or by any director or assistant director of any section of the 17 |
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29 | 30 | | Division of Motor Vehicles or by any other agent or employee of the Division so authorized by 18 |
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30 | 31 | | the Commissioner of Motor Vehicles." 19 |
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31 | 32 | | SECTION 1.(b) Article 1 of Chapter 20 of the General Statutes is amended by 20 |
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32 | 33 | | adding a new section to read: 21 |
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33 | 34 | | "§ 20-2.1. Board of Motor Vehicles. 22 |
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34 | 35 | | (a) There is hereby created a Board of Motor Vehicles. The Board is responsible for 23 |
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35 | 36 | | appointing the Commissioner of Motor Vehicles and overseeing the organization and 24 |
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36 | 37 | | administration of the Division of Motor Vehicles by the Commissioner. 25 |
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37 | 38 | | (b) The Board consists of nine voting members as follows: 26 |
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38 | 39 | | (1) The Secretary of Transportation or the Secretary's designee. 27 |
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39 | 40 | | (2) The Secretary of the Department of Information Technology or the Secretary's 28 |
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40 | 41 | | designee. 29 |
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41 | 42 | | (3) The Commander of the State Highway Patrol or the Commander's designee. 30 |
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42 | 43 | | (4) Two members appointed by the Governor. 31 |
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43 | 44 | | (5) Two members appointed by the General Assembly upon recommendation of 32 |
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44 | 45 | | the President Pro Tempore of the Senate. 33 |
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45 | 46 | | (6) Two members appointed by the General Assembly upon recommendation of 34 |
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48 | 53 | | (c) The terms of one member of the Board each appointed under subdivisions (4), (5), 1 |
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49 | 54 | | and (6) of subsection (b) of this section shall begin on July 1, 2025, and expire on June 30, 2027. 2 |
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50 | 55 | | The terms of one member of the Board each appointed under subdivisions (4), (5), and (6) of 3 |
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51 | 56 | | subsection (b) of this section shall begin on July 1, 2025, and expire on June 30, 2029. Thereafter, 4 |
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52 | 57 | | all Board members appointed under subdivisions (4) through (6) of subsection (b) of this section 5 |
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53 | 58 | | shall be appointed for four-year terms beginning on July 1 of the year that the previous term 6 |
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54 | 59 | | expired. 7 |
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55 | 60 | | (d) Board members appointed under subdivisions (4) through (6) of subsection (b) of this 8 |
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56 | 61 | | section shall continue to serve until their successors are appointed. The appointing authority may 9 |
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57 | 62 | | appoint a member to serve out the unexpired term of a Board member appointed by that 10 |
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58 | 63 | | appointing authority. The appointing authority may remove a member of the Board appointed by 11 |
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59 | 64 | | that appointing authority for any cause the appointing authority finds sufficient. 12 |
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60 | 65 | | (e) The Board shall meet at least quarterly and may meet at any time at the call of the 13 |
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61 | 66 | | chairperson or any three members of the Board. All clerical and other services required by the 14 |
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62 | 67 | | Board shall be supplied by the Secretary of the Department of Transportation. 15 |
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63 | 68 | | (f) The Board shall select a chairperson and may select other officers from among its 16 |
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64 | 69 | | membership. The Board shall have the power to adopt and enforce rules and regulations for the 17 |
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65 | 70 | | government of its business and proceedings. A majority of the Board shall constitute a quorum 18 |
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66 | 71 | | for the transaction of business. Board members shall receive per diem and necessary travel and 19 |
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67 | 72 | | subsistence expenses in accordance with G.S. 138-5 and G.S. 138-6, as appropriate." 20 |
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68 | 73 | | SECTION 1.(c) G.S. 20-3 reads as rewritten: 21 |
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69 | 74 | | "§ 20-3. Organization of Division. 22 |
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70 | 75 | | The Commissioner, subject to the approval of the Secretary of the Department of 23 |
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71 | 76 | | Transportation, shall organize and administer the Division in such manner as he the 24 |
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72 | 77 | | Commissioner may deem necessary to conduct the work of the Division." 25 |
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73 | 78 | | 26 |
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74 | 79 | | PART II. STUDY CREATION OF MOTOR VEHICLE AUTHORITY 27 |
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75 | 80 | | SECTION 2.(a) It is the intent of the General Assembly to consider the creation of 28 |
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76 | 81 | | the Motor Vehicle Authority as a successor agency to the Division of Motor Vehicles of the 29 |
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77 | 82 | | North Carolina Department of Transportation. The proposed Authority would assume the legal 30 |
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78 | 83 | | authority currently exercised by the Division and, at minimum, meet all of the following criteria: 31 |
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79 | 84 | | (1) Be composed of a nine-member board, with five members appointed by the 32 |
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80 | 85 | | General Assembly and four members appointed by the Governor. 33 |
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81 | 86 | | (2) Appoint a chair, vice-chair, secretary, and treasurer. 34 |
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82 | 87 | | (3) Be responsible for (i) hiring the Commissioner of Motor Vehicles and (ii) 35 |
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83 | 88 | | setting the Commissioner's salary. 36 |
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84 | 89 | | (4) Have the authority to replace the Commissioner. 37 |
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85 | 90 | | SECTION 2.(b) The Department of Transportation, in consultation with the 38 |
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86 | 91 | | Department of Information Technology and the State Highway Patrol, shall study and provide a 39 |
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87 | 92 | | plan for implementing the creation of the Motor Vehicle Authority described in subsection (a) of 40 |
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88 | 93 | | this section. The study and plan shall address (i) the feasibility of creating the Authority, (ii) all 41 |
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89 | 94 | | statutory changes necessary to create the Authority and transfer the Division's responsibilities to 42 |
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90 | 95 | | the Authority, (iii) an estimated time line for the creation of the Authority as a successor agency, 43 |
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91 | 96 | | including steps required to facilitate the succession, and (iv) any other issue deemed relevant to 44 |
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92 | 97 | | the study and implementation plan. 45 |
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93 | 98 | | SECTION 2.(c) The Department of Transportation shall report the findings of the 46 |
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94 | 99 | | study required by this section, including the proposed implementation plan and any associated 47 |
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95 | 100 | | legislative recommendations, to the North Carolina General Assembly, the chairs of the Joint 48 |
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96 | 101 | | Legislative Transportation Oversight Committee, and the Fiscal Research Division no later than 49 |
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97 | 102 | | January 1, 2026. 50 |
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98 | 103 | | 51 General Assembly Of North Carolina Session 2025 |
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