GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 64

Short Title:  Simplify Special Plate Statutes.	(Public)
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Sponsors: Representatives Huffman, Albertson, Barnhill, Culp, Fussell, Hurley, and Wood.
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Referred to:  Transportation.
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February 13, 1991

A BILL TO BE ENTITLED
AN ACT TO CONSOLIDATE AND SIMPLIFY THE SPECIAL LICENSE PLATE LAWS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-80 through G.S. 20-81.2 and G.S. 20-81.4 through G.S. 20-81.11 are repealed.
Sec. 2.  Chapter 20 of the General Statutes is amended by adding the following new sections to Part 5 of Article 3 of that Chapter to read:
"§ 20-79.4.  Special registration plates.
(a)	Types. – Upon application and payment of the required registration fees, a person may obtain from the Division a special registration plate for a motor vehicle registered in that person's name if the person qualifies for the registration plate.  The Division shall issue the following types of special registration plates:
(1)	Administrative Officer of the Courts. – Issuable to the Director of the Administrative Office of the Courts.  The plate shall bear the phrase 'J-20'.
(2)	Amateur Radio Operator. – Issuable to an amateur radio operator licensed by the Federal Communications Commission.  The plate shall bear the operator's official amateur radio call letters.
(3)	Civil Air Patrol Member. – Issuable to an active member of the North Carolina Wing of the Civil Air Patrol.  The plate shall bear the phrase 'Civil Air Patrol'.  A plate issued to an officer member shall begin with the number '201' and the number shall reflect the seniority of the member; a plate issued to an enlisted member, a senior member, or a cadet member shall begin with the number '501'.
(4)	Class D Citizen's Radio Station Operator. – Issuable to a Class D citizen's radio station operator licensed by the Federal Communications Commission.  The plate shall bear the operator's official Class D citizen's radio station call letters.
(5)	Clerk of Superior Court. – Issuable to a clerk of superior court.  The plate shall bear the phrase 'Clerk Superior Court' and the letter 'C' followed by a number that indicates the county the clerk serves.
(6)	Coast Guard Auxiliary Member. – Issuable to an active member of the United States Coast Guard Auxiliary.  The plate shall bear the phrase 'Coast Guard Auxiliary'.
(7)	Congressional Medal of Honor Recipient. – Issuable to a recipient of the Congressional Medal of Honor.
(8)	Disabled Veteran. – Issuable to a veteran of the armed forces of the United States  who suffered a 100% service-connected disability.
(9)	District Attorney. – Issuable to a North Carolina or United States District Attorney.  The plate issuable to a North Carolina district attorney shall bear the letters 'DA' followed by a number that represents the prosecutorial district the district attorney serves.  The plate for a United States attorney shall bear the phrase 'U.S. Attorney' followed by a number that represents the district the attorney serves, with 1 being the Eastern District, 2 being the Middle District, and 3 being the Western District.
(10)	Fire Department or Rescue Squad Member. – Issuable to an active regular member or volunteer member of a fire department, rescue squad, or both a fire department and rescue squad.  The plate shall bear the words 'Firefighter', 'Rescue Squad', or 'Firefighter-Rescue Squad'.
(11)	Historic Vehicle Owner. – Issuable for a motor vehicle that is at least 35 years old measured from the date of manufacture.  The plate for a vehicle that is 35 to 50 years old shall bear the phrase 'Antique'.  The plate for a vehicle that is at least 50 years old shall bear the phrase 'Horseless Carriage'.
(12)	Judge or Justice. – Issuable to a sitting or retired judge or justice in accordance with G.S. 20-79.6.
(13)	Legislator. – Issuable to a member of the North Carolina General Assembly.  The plate shall bear the words 'Senate' or 'State House' followed by the Senator's or Representative's assigned seat number.
(14)	Marshal. – Issuable to a United States Marshal.  The plate shall bear the phrase 'U.S. Marshal' followed by a number that represents the district the Marshal serves, with 1 being the Eastern District, 2 being the Middle District, and 3 being the Western District.
(15)	Military Reservist. – Issuable to a member of a reserve component of the armed forces of the United States.  The plate shall bear the name and insignia of the appropriate reserve component.  Plates shall be numbered sequentially for members of a component with the numbers 1 through 5000 reserved for officers, without regard to rank.
(16)	National Guard Member. – Issuable to an active or a retired member of the North Carolina National Guard.  The plate shall bear the phrase 'National Guard'.  A plate issued to an active member shall bear a number that reflects the seniority of the member; a plate issued to a commissioned officer shall begin with the number '1'; a plate issued to a noncommissioned officer with a rank of E7, E8, or E9 shall begin with the number '1601'; a plate issued to an enlisted member with a rank of E6 or below shall begin with the number '3001'.  The plate issued to a retired or separated member shall indicate the member's retired status.
(17)	Partially Disabled Veteran. – Issuable to a veteran of the armed forces of the United States who suffered a service connected disability of less than 100%.
(18)	Pearl Harbor Survivor. – Issuable to a veteran of the armed forces of the United States who was present at and survived the attack on Pearl Harbor on December 7, 1941.  The plate will bear the phrase 'Pearl Harbor Survivor' and the insignia of the Pearl Harbor Survivors' Association.
(19)	Personalized. – Issuable to the registered owner of a motor vehicle.  The plate will bear the letters or letters and numbers requested by the owner.  The Division may refuse to issue a plate with a letter combination that is offensive to good taste and decency.  The Division may not issue a plate that duplicates another plate.
(20)	Prisoner of War. – Issuable to a member or veteran member of the armed forces of the United States who has been captured and held prisoner by forces hostile to the United States while serving in the armed forces.
(21)	Purple Heart Recipient – Issuable to a recipient of the Purple Heart award.  The plate shall bear the phrase 'Purple Heart Veteran, Combat Wounded' and the letters 'PH'.
(22)	State Government Official. – Issuable to elected and appointed members of State government in accordance with G.S. 20-79.5.
(23)	Street Rod Owner. – Issuable to the registered owner of a modernized private passenger motor vehicle manufactured prior to the year 1949 or designed to resemble a vehicle manufactured prior to the year 1949.  The plate shall bear the phrase 'Street Rod'.
(24)	Transportation Personnel. – Issuable to various members of the Divisions of the Department of Transportation.  The plate shall bear the letters 'DOT' followed by a number from 1 to 85, as designated by the Governor.
(25)	U.S. Representative. – Issuable to a United States Representative for North Carolina.  The plate shall bear the phrase 'U.S. House' and shall be issued on the basis of Congressional districts represented by the numbers 1 through 11.
(26)	U.S. Senator. – Issuable to a United States Senator for North Carolina.  The plates shall bear the phrase 'U.S. Senate' and shall be issued on the basis of seniority represented by the numbers 1 and 2.
(b)	Fees. – Upon request, the Division shall provide and issue free of charge one registration plate to a recipient of the Congressional Medal of Honor, a 100% disabled veteran, and an ex-prisoner of war.  The annual fee for a special plate issuable to an active member of the national guard is the amount of the regular motor vehicle registration fee.  The annual fee for a personalized plate issued under this section is the amount of the regular motor vehicle registration fee plus an additional twenty dollars ($20.00).  The annual fee for any other special plate listed in this section is the regular motor vehicle registration fee plus an additional ten dollars ($10.00).
The Division shall credit the revenue derived from the additional fee collected for any special plate to the Special Registration Plate Fund.
	(c)	Disqualification. – A holder of a special license plate who becomes ineligible for the plate, for whatever reason, shall return the special plate within 30 days.
"§ 20-79.5.  Special registration plates for elected and appointed State government officials.
(a)	Plates. – The State government officials listed in this section are eligible for a special registration plate under G.S. 20-79.4.  The plate shall bear the number designated in the following table for the position held by the official.

	Position	Number on Plate

Governor	1
Lieutenant Governor	2
Speaker of the House of Representatives	3
President Pro Tempore of the Senate	4
Secretary of State	5
State Auditor	6
State Treasurer	7
Superintendent of Public Instruction	8
Attorney General	9
Commissioner of Agriculture	10
Commissioner of Labor	11
Commissioner of Insurance	12
Speaker Pro Tempore of the House	13
Legislative Services Officer	14
Secretary of Administration	15
Secretary of Environment, Health, and
  Natural Resources	16
Secretary of Revenue	17
Secretary of Human Resources	18
Secretary of Economic and Community
  Development	19
Secretary of Correction	20
Secretary of Cultural Resources	21
Secretary of Crime Control and Public
  Safety	22
Governor's Staff	23-29
State Budget Officer	30
State Personnel Director	31
Advisory Budget Commission
  Nonlegislative Member	32-41
	Chair of the State Board of Education	42
	President of the U.N.C. System	43
	Alcoholic Beverage Control Commission	44-46
	Assistant Commissioners of Agriculture	47-48
	Deputy Secretary of State	49
	Deputy State Treasurer	50
	Assistant State Treasurer	51
	Deputy Commissioner for the
		Department of Labor	52
	Chief Deputy for the
		Department of Insurance	53
	Assistant Commissioner of Insurance	54
	Deputies and Assistant to the Attorney
		General	55-65
	Board of Economic Development
  Nonlegislative Member	66-88
	State Ports Authority
		Nonlegislative Member	89-96
	Utilities Commission Member	97-104
	Parole Commission Member	105-109
	State Board Member, Commission Member,
		or State Employee Not Named in List	110-200
	(b)	Designation. – When the table in subsection (a) designates a range of numbers for certain officials, the number given an official in that group shall be assigned.  The Governor shall assign a number for members of the Governor's staff, nonlegislative members of the Advisory Budget Commission, nonlegislative members of the Board of Economic Development, nonlegislative members of the State Ports Authority, members of State boards and commissions, and for State employees.  The Attorney General shall assign a number for the Attorney General's deputies and assistants.
	The first number assigned to the Alcoholic Beverage Control Commission is reserved for the Chair of that Commission.  The remaining numbers shall be assigned to the Alcoholic Beverage Control Commission members on the basis of seniority.  The first number assigned to the Utilities Commission is reserved for the Chair of that Commission.  The remaining numbers shall be assigned to the Utilities Commission members on the basis of seniority.  The first number assigned to the Parole Commission is reserved for the Chair of that Commission.  The remaining numbers shall be assigned to the Parole Commission members on the basis of seniority.
"§ 20-79.6.  Special registration plates for members of the judiciary.
(a)	Appellate Division. – A special plate issued to a Justice or Judge of the North Carolina Appellate Courts shall bear the letter 'J' followed by a number from 1 through 19. The Chief Justice of the Supreme Court of North Carolina shall be issued the plate bearing the number 1 and the remaining plates shall be issued to the Associate Justices on the basis of seniority. The Chief Judge of the North Carolina Court of Appeals shall be issued the next judicial plate and the remaining plates shall be issued to the Associate Judges on the basis of seniority. Special plates issued to retired members of the Supreme Court and the Court of Appeals shall bear a number indicating the member's position of seniority at the time of retirement followed by the letter 'X' to indicate the member's retired status.
	(b)	Superior Court. – A special plate issued to a resident superior court judge shall bear the letter 'J' followed by a number indicative of the judicial district the judge serves.  The number issued to the senior resident superior court judge shall be equal to the sum of the numerical designation of the judge's judicial district, as defined in G.S. 7A-41.1(a)(1), plus 20.  If a district has more than one regular resident superior court judge, a special plate for a resident superior court judge of that district shall bear the number issued to the senior resident superior court judge followed by a hyphen and a letter of the alphabet beginning with the letter 'A' to indicate the judge's seniority.
	For a set of districts as defined in G.S. 7A-41.1(a)(2), other than 7A and 7C, the number issued to the senior resident superior court judge shall be equal to the sum of 20 plus the number the districts in the set have in common.  A special plate issued to the other regular resident superior court judges of the set of districts shall bear the number issued to the senior resident superior court judge followed by a hyphen and a letter of the alphabet beginning with the letter 'A' to indicate the judge's seniority among all of the regular resident superior court judges of the set of districts.  The letter assigned to a resident superior court judge will not necessarily correspond with the letter designation of the district the judge serves.  For the set of districts 7B and 7C, the senior resident superior court judge for that set shall be issued a special plate bearing the designation 27C following the letter 'J', and all other resident superior court judges of the set shall be issued a special plate bearing that designation followed by the letter 'B'.
	A special judge, emergency judge, or retired judge of the superior court shall be issued a special plate bearing the letter 'J' followed by a number designated by the Administrative Office of the Courts with the approval of the Chief Justice of the Supreme Court of North Carolina.  The plate for a retired judge shall have 'X' after the designated number to indicate the judge's retired status.
	(c)	District Court. – A special plate issued to a North Carolina district court judge shall bear the letter 'J' followed by a number.  For the chief judge of the district court district, the number shall be equal to the sum of the numerical designation of the district court district the chief judge serves, plus 100.  The number for all other judges of the district courts serving within the same district court district shall be the same number as appears on the special plate issued to the chief district judge followed by a letter of the alphabet beginning with the letter 'A' to indicate the judge's seniority.  A retired district court judge shall be issued a similar plate except that the numerical designation shall be followed by the letter 'X' to indicate the judge's retired status.
	(d)	United States. – A special plate issued to a Justice of the United States Supreme Court, a Judge of the United States Circuit Court of Appeals, or a District Judge of the United States District Court residing in North Carolina shall bear the words 'U.S. J' followed by a number beginning with '1'.  The number shall reflect the judge's seniority based on continuous service as a United States Judge as designated by the Secretary of State.  A judge who has retired or taken senior status shall be issued a similar plate except that the number shall be based on the date of the judge's retirement or assumption of senior status and shall follow the numerical designation of active justices and judges."
Sec. 3. G.S. 20-81.3 is recodified as G.S. 20-79.7 and reads as rewritten:
"§ iRegistration Plate Fund.
(a)	Fund. – The Special Registration Plate Fund is established.  The Fund consists of the revenue derived from the additional fee collected for any special registration plate issued under G.S. 20-79.4.  The Commissioner shall deduct the costs of the special registration plates, including the costs of issuing, handling, and advertising the availability of the special plates, from the Fund.
(b)	Initial Distribution of Proceeds. – After deducting the costs of the special registration plates from the Fund, one-half of the proceeds in the Fund shall be transferred quarterly to the Recreation and Natural Heritage Trust Fund established under G.S. 113-77.7.  From the remaining one-half of the proceeds, the Secretary of Transportation may allocate and reserve up to one hundred thousand dollars ($100,000) to the Department of Transportation each fiscal year for the purpose of traffic control at major events as provided for by G.S. 136-44.2.  Any funds allocated for traffic control that are neither used nor obligated at the end of the fiscal year shall remain in the Fund and be used in accordance with subsection (c) of this section.
(c)	Use of Remaining Proceeds. – The remaining revenue in the Fund shall be transferred quarterly as follows: 
(1)	Thirty-three percent (33%) to the account of the Department of Economic and Community Development  to aid in financing out-of-state print and other media advertising under the program for the promotion of travel and industrial development in this State.
(2)	Fifty percent (50%) to the Department of Transportation to be used solely for the purpose of beautification of highways other than those designated as interstate. These funds shall be administered by the Department of Transportation for beautification purposes not inconsistent with good landscaping and engineering principles.
(3)	Seventeen percent (17%) to the account of the Department of Human Resources to promote travel accessibility for disabled persons in this State.  These funds shall be used to collect and update site information on travel attractions designated by the Department of Economic and Community Development in its publications, to provide technical assistance to travel attractions concerning accommodation of disabled tourists, and to develop, print, and promote the publication ACCESS NORTH CAROLINA as provided in G.S.168-2.  Any funds allocated for these purposes that are neither spent nor obligated at the end of the fiscal year shall be transferred to the Department of Administration for removal of man-made barriers to disabled travelers at State-funded travel attractions.  Guidelines for the removal of man-made barriers shall be developed in consultation with the Department of Human Resources.
 							" ."
Sec. 4.  G.S. 168-2 is rewritten to read:
"§ 168-2. Right of access to and use of public places.
Handicapped persons have the same right as the ablebodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and all other buildings and facilities, both publicly and privately owned, which serve the public. The Department of Human Resources shall develop, print, and promote the publication ACCESS NORTH CAROLINA.  It shall make copies of the publication available to the Department of Economic and Community Development for its use in Welcome Centers and other appropriate Department of Economic and Community Development offices.  The Department of Economic and Community Development shall promote ACCESS NORTH CAROLINA in its publications (including providing a toll-free telephone line and an address for requesting copies of the publication) and provide technical assistance to the Department of Human Resources on travel attractions to be included in ACCESS NORTH CAROLINA.  The Department of Economic and Community Development shall forward all requests for mailing ACCESS NORTH CAROLINA to the Department of Human Resources."
Sec. 5.  G.S. 20-37.6(e) reads as rewritten:
	"(e)  Enforcement of Handicapped Parking Privileges. – It shall be unlawful:
(1)	To park or leave standing any vehicle in a space designated with a sign pursuant to subsection (d) of this section for handicapped persons or visually impaired persons when the vehicle does not display the distinguishing license plate, placard, or identification card as provided in this section or a disabled veteran registration plate issued under G.S. 20-79.4;
(2)	For any person not qualifying for the rights and privileges extended to handicapped or visually impaired persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate, placard, or identification card issued pursuant to the provisions of this section;
(3)	To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14;
(4)	For those responsible for designating parking spaces for the handicapped to erect or otherwise use signs not conforming to G.S. 20-37.6(d) for this purpose.
This section is enforceable in all public vehicular areas specified in G.S. 20-4.01(32)."
Sec. 6.  G.S. 20-95 reads as rewritten:
"§ 20-95. Licenses for less than a year.
(a)	Except as provided in subsection (b) of this section, licenses issued on or after April 1 and before July 1 of each year shall be three fourths of the annual fee; licenses issued on or after July 1 and before October 1 shall be one half of the annual fee; and licenses issued on or after October 1 shall be one fourth of the annual fee.
(b)	This section shall not apply to licenses issued pursuant to G.S. 20-79.1, 20-79.2, 20-79.3, 20-84, 20-84.1, 20- 87(9) through (10) and 20-88(c)."
Sec. 7.  G.S. 20-66(b) is rewritten to read:
"(b)	For the registration period beginning January 1, 1975, the Division, upon proper application for renewal of registration for private passenger motor vehicles, shall issue a new registration plate and registration card. For the registration period beginning January 1, 1976, and all subsequent registration periods, the Division, upon application for renewal of registration, shall, in lieu of a new registration plate, issue one or more stickers, tabs or other suitable devices denoting the registration period for which issued; provided that for the registration periods beginning January 1, 1978, and thereafter, the Division may, as it deems advisable in the discretion of the Commissioner, issue new registration plates together with such stickers, tabs or other devices."
Sec. 8.  This act becomes effective July 1, 1991.