GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 709

Short Title:  Impaired Driv.-Auto. Chem. Tests.	(Public)
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Sponsors: Representatives Robinson; Abernethy, Albertson, Anderson, Balmer, Barbee, Black, Bowie, Bowman, Brawley, Brown, Brubaker, Buchanan, Chapin, J.W. Crawford, N.J. Crawford, Creech, Culp, Cunningham, DeVane, Diamont, Dickson, Dockham, Easterling, Esposito, Ethridge, Fitch, Flaherty, Foster, Fussell, Gamble, Gardner, Gist, Gottovi, Gray, Greenwood, Grimmer, Hasty, Hege, Hightower, Holmes, Howard, H. Hunter, Hurley, Isenhower, James, Jarrell, Jeralds, Jones, Jordan, Justus, Kahl, Kerr, Kimsey, Ligon, Lilley, Lineberry, Loflin, Lutz, McLaughlin, McLawhorn, Mavretic, Mercer, Morgan, Nesbitt, Oldham, Payne, Pope, Privette, Redwine, Rhodes, Rhyne, Rogers, Thompson, Wicker, Wilmoth, Wilson, Withrow, and Wood.
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Referred to:  Judiciary I.
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April 11, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE A MECHANISM TO ESTABLISH A STATEWIDE, AUTOMATED PROGRAM FOR THE CHEMICAL TESTING FOR ALCOHOL IN IMPAIRED DRIVERS AND TO MAKE THE ADMINISTRATION OF THAT PROGRAM MORE EFFECTIVE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-16.5(j) reads as rewritten:
"(j)	Costs. – Unless the magistrate or judge orders the revocation rescinded, a person whose license is revoked under this section must pay a fee of fifty dollars ($50.00) as costs for the action before his license may be returned under subsection (h).  The costs collected under this section go to the State, and fifty percent (50%) of the amounts collected shall be used to fund a statewide chemical testing for alcohol program in the Injury Control Section of the Department of Environment, Health, and Natural Resources."
Sec. 2.  G.S. 20-139.1(b1) reads as rewritten:
"(b1)	Arresting or Charging Officer May Not Perform Chemical Analysis; Exception for Automated Instruments. –Except as provided in this subsection, a chemical analysis is not valid in any case in which it is performed by an arresting officer or by a charging officer under the terms of G.S. 20-16.2. A chemical analysis of the breath may be performed by an arresting or charging officer if:
(1)	The officer possesses a current permit issued by the Department of Environment, Health, and Natural Resources for the type of chemical analysis to be performed; and
(2)	The instrument used to conduct the analysis is automated and reports the results in a printed form.
In addition, if an arresting or charging officer is authorized to administer a test of a person's breath and the officer designates a test of the person's blood pursuant to G.S. 20-16.2(a), the arresting or charging officer may provide the oral and written notice required under that subsection of the rights and consequences of taking or refusing the test."
Sec. 3.  Section 1 of this act becomes effective July 1, 1991, and applies to revocation orders issued under G.S. 20-16.5 on or after that date.  Funds appropriated from the Highway Fund to operate the Chemical Tests for Alcohol Branch in the Injury Control Section of the Department of Environment, Health, and Natural Resources shall revert to the Highway Fund on July 1, 1994, and the Chemical Tests for Alcohol Branch shall become receipt-supported on that date.
Funds in excess of the Branch's annual estimated operation and capital costs shall be transferred quarterly to the Governor's Highway Safety Program for grants to local law enforcement agencies and shall be expended by the Governor's Highway Safety Program in the fiscal year in which they are received, except that fourth quarter excess receipts, if any, may be carried over until September 30 of the ensuing fiscal year.
Section 2 of this act becomes effective January 1, 1993, and applies to chemical analyses performed on or after that date.