GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	4 

HOUSE BILL 1280
Second Edition Engrossed 5/8/89
Committee Substitute Favorable 7/6/89
Finance Senate Committee Substitute Adopted 7/26/89

Short Title:  Dealer Plates/ Highway Changes.	(Public)
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Sponsors:
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Referred to:  
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE MOTOR VEHICLE DEALERS LICENSED UNDER CHAPTER 20 OF THE GENERAL STATUTES TO USE DEALER REGISTRATION PLATES WHILE OPERATING A MOTOR VEHICLE FOR PERSONAL USE, TO MAKE TECHNICAL CHANGES TO LAWS AMENDED BY THE HIGHWAY BILL, AND TO MAKE OTHER CHANGES TO THE MOTOR VEHICLE LAW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-79(d) reads as rewritten:
"(d)	Dealer's license plates may be used on motor vehicles owned by, or assigned to, duly licensed motor vehicle dealers of this State when operated on the highway s of this State by the dealer, corporate officers of the dealership, salespersons or full-time employees of the dealership, and any designated part-time employees of the dealership; provided, the vehicle is subject to the proof of financial responsibility requirements of Article 9A of this Chapter. A dealership owner who desires to use dealer's license plates as herein provided shall make application on a form provided by the Division of Motor Vehicles and pay the annual amount set in G.S. 20-87(7)."
Sec. 2.  G.S. 20-87(7) reads as rewritten:
"(7)	Manufacturers and Motor Vehicle Dealers.–Manufacturers and dealers in motor vehicles shall pay a fee of one-half of the amount that would otherwise be payable under this section for each set of plates."
Sec. 3.  G.S. 20-87(8) reads as rewritten:
"(8)	Driveaway Companies.– Any person engaged in the business of driving new motor vehicles from the place of manufacture to the place of sale in this State for compensation shall pay a fee of one-half of the amount that would otherwise be payable under this section for each set of plates."
Sec. 4.  G.S. 105-164.4(a)(1b), as enacted by Section 3.3 of House Bill 399 of the 1989 Session, reads as rewritten:
"(1b)	At the rate of two percent (2%) of the sales price of each aircraft, boat, railway car, or locomotive sold at retail, including all accessories attached to the item when it is delivered to the purchaser, not to exceed one thousand five hundred dollars ($1,500)."
Sec. 5.  G.S. 20-88.01, as amended by Section 6.1 of House Bill 399 of the 1989 Session, reads as rewritten:
"§ 20-88.01. Revocation of registration for failure to register for or comply with road tax.
The Secretary of Revenue may notify the Commissioner of those motor vehicles that are registered or are required to be registered under Article 36B of Chapter 105 and whose owners or lessees, as appropriate, are not in compliance with Article 36A or 36B of Chapter 105.  When notified, the Commissioner shall withhold or revoke the registration plate for the vehicle."
Sec. 6.  G.S. 136-176(a)(3), as enacted by Section 1.1 of House Bill 399 of the 1989 Session, reads as rewritten:
"(3)	Revenue from the certificate of title fee and other fees payable under G.S. 20-85."
Sec. 7.  G.S. 136-17.2A(c), as enacted by Section 1.4 of House Bill 399 of the 1989 Session, is amended by redesignating subdivision (3) as subdivision (2).
Sec. 8.  G.S. 105-174, as enacted by Section 4.1 of House Bill 399 of the 1989 Session, reads as rewritten:
"§ 105-174.  Penalties and remedies.
(a)	Penalties. The penalty for bad checks in G.S. 105-236(1) applies to a check offered in payment of the tax imposed by this Article.  In addition, if a check offered to the Division in payment of the tax imposed by this Article is returned unpaid and the tax for which the check was offered, plus the penalty imposed under G.S. 105-236(1), is not paid within 30 days after the Commissioner demands its payment, the Commissioner may revoke the registration plate of the vehicle for which a certificate of title was issued when the check was offered.
(b)	Unpaid Taxes. The remedies for collection of taxes in G.S. 20-99 apply to the taxes levied by this Article and collected by the Commissioner.
(c)	Appeals.  A taxpayer who disagrees with the presumed value of a motor vehicle must pay the tax based on the presumed value, but may appeal the value to the Commissioner.  A taxpayer who appeals the value must provide two estimates of the value of the vehicle to the Commissioner.  If the Commissioner finds that the value of the vehicle is less than the presumed value of the vehicle, the Commissioner shall refund any overpayment of tax made by the taxpayer with interest at the rate specified in G.S 105-241.1 from the date of the overpayment.
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Sec. 9.  G.S. 105-170(a), as enacted by Section 4.1 of House Bill 399, reads as rewritten:
"(a)	Full Exemptions.  The tax imposed by this Article does not apply when a certificate of title is issued as the result of a transfer of a motor vehicle:
(1)	To the insurer of the motor vehicle under G.S. 20-109.1 because the vehicle is a salvage vehicle.
(2)	To either a manufacturer, as defined in G.S. 20-285, or a motor vehicle retailer for the purpose of resale."
Sec. 10.  G.S. 105-170(b)(4), as enacted by Section 4.1 of House Bill 399, reads as rewritten:
"(4)	To 
		a secured party who has filed a security interest in the motor vehicle with the Department of the Secretary of State."
Sec. 11.  G.S. 20-85(a), as amended by Section 2.1 of House Bill 399 of the 1989 Session, is amended by adding a new subdivision to read:
"(9)	Each application for certificate of title for a motor vehicle transferred to a manufacturer, as defined in G.S. 20-285, or a motor vehicle retailer for the purpose of resale...........  10.00."
Sec. 12.  Section 8.3 of House Bill 399 of the 1989 Session is amended by adding a new sentence at the beginning of the section to read:
"Part II of this act shall become effective August 15, 1989."
Sec. 13.  G.S. 105-167(b), as enacted by Section 4.1 of House Bill 399 of the 1989 Session, is rewritten to read:
"(b)	Retail Value.  The retail value of a motor vehicle for which a certificate of title is issued because of a sale of the motor vehicle by a retailer is the sales price of the motor vehicle, including all accessories attached to the vehicle when it is delivered to the purchaser, less the amount of any allowance given by the retailer for a motor vehicle taken in trade as a partial payment for the purchased motor vehicle.  The retail value of a motor vehicle for which a certificate of title is issued because of a sale of the motor vehicle by a seller who is not a retailer is the market value of the vehicle, less the amount of any allowance given by the seller for a motor vehicle taken in trade as a partial payment for the purchased motor vehicle.  The retail value of a motor vehicle for which a certificate of title is issued because of a reason other than the sale of the motor vehicle is the market value of the vehicle.  The market value of a vehicle is presumed to be the value of the vehicle set in a schedule of values adopted by the Commissioner."
Sec. 14.  G.S. 136-44.8(a), as enacted by Section 1.18 of House Bill 399 of the 1989 Session, is rewritten to read:
"(a)	The Department of Transportation shall require that every contract for construction or repair necessary to carry out the provisions of this Chapter shall contain a provision requiring all steel, cement, and aggregate products permanently incorporated into the construction or repair project be produced in the United States."
Sec. 15.  G.S. 136-44.8, as enacted by Section 1.18 of  House Bill 399, is amended by designating subsection (c) as subsection (d) and inserting a new subsection (c) to read:
"( c)	The Department of Transportation shall apply this section consistent with the requirements in 23 C.F.R. § 635.410."
Sec. 16.  G.S. 136-12(b), as amended by Section 1.3. of House Bill 399, 1989 Session, reads as rewritten:
"(b)	At least 30 days before it approves a Transportation Improvement Program in accordance with G.S. 143B-350(f)(4) or approves interim changes to a Transportation Improvement Program, the Department shall submit the proposed Transportation Improvement Program or proposed interim changes to a Transportation Improvement Program to the following members and staff of the General Assembly:
(1)	The Speaker and the Speaker Pro Tempore of the House of Representatives;
(2)	The Lieutenant Governor and the President Pro Tempore of the Senate;
(3)	The Chairs of the House and Senate Appropriations Committees;
(4)	Each member of the Joint Legislative Highway Oversight Committee; and
(5)	The Fiscal Research Division of the Legislative Services Commission."
Sec. 17.  Section 1 of this act shall become effective October 1, 1989, and shall not affect pending litigation.  Sections 2, 3, 4, 8, 9, 10, 11, and 13 shall become effective October 1, 1989.  Section 5 shall become effective January 1, 1990.  Section 12 shall become effective August 1, 1989.  The remaining sections are effective upon ratification.