GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	3 

SENATE BILL 111
Finance Committee Substitute Adopted 4/22/91
Third Edition Engrossed 4/25/91

Short Title:  Highway Use Tax Reductions.	(Public)
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Sponsors:
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Referred to:  
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February 20, 1991

A BILL TO BE ENTITLED
AN ACT TO LOWER THE MINIMUM HIGHWAY USE TAX, TO EXEMPT CERTAIN TRANSFERS OF VEHICLES FROM THE TAX, AND TO RAISE VARIOUS FEES AND TAXES TO OFFSET THE LOSS OF REVENUE RESULTING FROM THESE CHANGES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 105-187.3(a) reads as rewritten:
"(a)	Amount.  The rate of the use tax imposed by this Article is three percent (3%) of the retail value of a motor vehicle for which a certificate of title is issued.  The tax is payable as provided in G.S. 105-187.4.  The tax may not be less than twenty-five dollars ($25.00) for each motor vehicle for which a certificate of title is issued, unless the issuance of a title for the vehicle is exempt from tax under G.S. 105-187.6(a).  The tax may not be more than one thousand dollars ($1,000) for each motor vehicle for which a certificate of title is issued."
Sec. 2.  G.S. 105-187.7 reads as rewritten:
"§ 105-187.7.  Credit for tax paid in another state.
A person who, within 90 days before applying for a certificate of title for a motor vehicle on which the tax imposed by this Article is due, has paid a sales tax, an excise tax, or a tax substantially equivalent to the tax imposed by this Article on the vehicle to a taxing jurisdiction outside this State is entitled to a credit against the tax due under this Article for the amount of tax paid to the other jurisdiction.  The credit may not reduce the person's liability under this Article below the minimum tax set in G.S. 105-187.3."
Sec. 3.  G.S. 105-187.8 reads as rewritten:
"§ 105-187.8.  Refund for return of purchased motor vehicle.
When a purchaser of a motor vehicle returns the motor vehicle to the seller of the motor vehicle within 90 days after the purchase and receives a vehicle replacement for the returned vehicle or a refund of the price paid the seller, whether from the seller or the manufacturer of the vehicle, the purchaser may obtain a refund of the privilege tax paid on the certificate of title issued for the returned motor vehicle, less the minimum tax set in G.S. 105-187.3.
To obtain a refund, the purchaser must apply to the Division for a refund within 30 days after receiving the replacement vehicle or refund of the purchase price.  The application must be made on a form prescribed by the Commission and must be supported by documentation from the seller of the returned vehicle."
Sec. 4.  G.S. 105-187.6 reads as rewritten:
"§ 105-187.6.  Exemptions from highway use tax.
(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.
(3)	To the same owner to reflect a change or correction in the owner's name.
(4)	To the Department of Human Resources to be equipped by the Department for use by the handicapped and then transferred to a handicapped person.
(5)	To a local board of education for use in the driver education program of a public school when the motor vehicle is transferred:
a.	By a retailer and is to be transferred back to the retailer within 180 days after the transfer to the local board.
b.	By a local board of education.
(6)	By will or intestacy.
(7)	By a conveyance between a husband and wife or a parent and child.
(8)	By a distribution of marital property as a result of a divorce.
(b)	Partial Exemptions. –  Only the minimum tax imposed by this Article applies when a certificate of title is issued as a result of the transfer of a motor vehicle:
			(1)	To a secured party who has filed a security interest in the motor vehicle with the Department of the Secretary of State.
(2)	To a partnership or corporation as an incident to the formation of the partnership or corporation and no gain or loss arises on the transfer under section 351 or section 721 of the Internal Revenue Code, or to a corporation by merger or consolidation in accordance with G.S. 55-110.
	(c)	Out-of-state Vehicles. –  A maximum tax of one hundred dollars ($100.00) applies when a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state for at least 90 days."
Sec. 5.   G.S. 20-85(b) reads as rewritten:
"(b)	The revenue collected under this section shall be credited to the North Carolina Highway Trust Fund.  Fifteen dollars ($15.00) of the fee imposed under subdivision (a)(1) shall be added to the amount allocated for secondary roads under G.S. 136-176 and used in accordance with G.S. 136-44.5."
Sec. 6.  G.S. 20-85.1(c) reads as rewritten:
"(c)	The fee collected under subsection (a) shall be credited to the Highway Fund.  The fee collected under subsection (b) shall be credited to the Highway Trust Fund."
Sec. 7.  G.S. 20-7(l) reads as rewritten:
"(l)	Any person who except for lack of instruction in operating a motor vehicle would be qualified to obtain an operator's license under this Article may obtain a learner's permit.  A  learner's permit authorizes the permittee, while having the permit in his immediate possession, to drive a specified type or class of motor vehicle upon the highways for a period of 18 months. The fee for issuance of a learner's permit is ten dollars ($10.00).  A learner's permit may be renewed, or a second learner's permit may be issued, for an additional period of 18 months. The permittee must, while operating a motor vehicle over the highways, be accompanied by a person who is licensed to operate the class or type of vehicle being operated and who is seated in the seat beside the permittee.
The fee for the issuance of a renewal or a second learner's permit is ten dollars ($10.00)."
Sec. 8.  G.S. 20-11(b) reads as rewritten:
"(b)	The Division may grant an application for a limited learner's permit of any minor under the age of 16, who otherwise meets the requirements of licensing under this section, when such application is signed by both the applicant and his or her parent or guardian or some other responsible adult with whom the applicant resides and is approved by the Division. The limited learner's permit shall entitle the applicant, while having the permit in his immediate possession, to drive a motor vehicle of the specified type or class upon the highways while accompanied by a parent, guardian, or other person approved by the Division, who is licensed under this Chapter to operate a motor vehicle (of the type or class being operated by the permittee) and who is actually occupying a seat beside the driver. The limited learner's permit is valid for a period of 18 months and the fee for issuance of a limited learner's permit is ten dollars ($10.00). A limited learner's permit may be issued only to those applicants who have reached the age of 15 years. In the event a minor who has been issued a limited learner's permit under this subsection operates a motor vehicle in violation of any provision herein, the permit shall be canceled.
A driver who holds a limited learner's permit only shall not be deemed a male operator under age 25 for the purpose of determining the insurance premium rate for persons insured under automobile property damage and bodily injury liability insurance policies."
Sec. 9.  G.S. 20-14 reads as rewritten:
"§ 20-14. Duplicate licenses.
A licensee may obtain a duplicate license by paying a fee of ten dollars ($10.00) and giving the Division satisfactory proof that any of the following has occurred:
(1)	The license has been lost or destroyed.
	(2)	It is necessary to change the name or address on the license.
(3)	Because of the licensee's age, the licensee is entitled to a license with a different color photographic background."
Sec. 10. G.S. 20-37.7(d) reads as rewritten:
"(d)	A special identification card issued under this section shall expire on the birth date of the holder in the fourth year of issuance. The fee for the issuance or reissuance of a special identification card is the same as the fee set in G.S. 20-14 for issuing a duplicate license.  A  special identification card may be issued without fee to a resident of North Carolina who is legally blind or has attained the age of 70. The fees collected for the issuance of special identification cards to persons under the age of 16 shall be placed in a reserve fund to cover the cost of the operation of the program required by this Article."
Sec. 11. G.S. 20-37.9 reads as rewritten:
"§ 20-37.9. Notification of change of address.
Whenever the holder of a special identification card issued under the provisions of G.S. 20-37.7 has a change in the address as shown on the special identification card, he or she shall apply for reissuance of a special identification card within 60 days after the address has been changed. The fee for reissuance of a special identification card is the same as the fee set in G.S. 20-37.7 for issuing a special identification card. If a change of address is the result of governmental action and there is no actual change of geographical location, the holder of the card is not required to change the address on the card until the Division issues the holder another card."
Sec. 12.  G.S. 20-26(c) reads as rewritten:
	"(c) The Division shall furnish copies of license records required to be kept by subsection (a) of this section to other persons for uses other than official upon prepayment of the following fees:
(1)	Limited extract copy of license record,
for period up to three years		$5.00  
(2)	Complete extract copy of license record		5.00  
(3)	Certified true copy of complete license
record	7.00.All fees received by the Division under this subsection shall be credited to the Highway Fund."
Sec. 13.  G.S. 20-42(b) reads as rewritten:
"(b)	The Commissioner and officers of the Division designated by the Commissioner may prepare under the seal of the Division and deliver upon request a certified copy of any document of the Division, charging a fee of five dollars ($5.00) for each document certified.  A certified copy shall be admissible in any proceeding in any court in like manner as the original thereof, without further certification. The certification fee does not apply to a document furnished to State, county, municipal and court officials of this State for official use."
Sec. 14.  G.S. 20-73 reads as rewritten:
"§ 20-73. New owner must get new certificate of title.
 (a)	Time Limit. – A person to whom a vehicle is transferred, whether by purchase or otherwise, must apply to the Division for a new certificate of title.  An application for a certificate of title must be submitted within 20 days after the vehicle is transferred.
A person may apply directly for a certificate of title or may allow another person, such as the person from whom the vehicle is transferred or a person who has a lien on the vehicle, to apply for a certificate of title on that person's behalf.  A person to whom a vehicle is transferred is responsible for getting a certificate of title within the time limit regardless of whether the person allowed another to apply for a certificate of title on the person's behalf.
(b)	Exceptions. –  This section does not apply to a dealer or an insurance company to whom a vehicle is transferred when the transfer meets the requirements of G.S. 20-75.  A person who must follow the procedure in G.S. 20-76 to get a certificate of title and who applies for a title within the required 20-day time limit is considered to have complied with this section even when the Division issues a certificate of title to the person after the time limit has elapsed.
(c)	Penalties. – A person to whom a vehicle is transferred who fails to apply for a certificate of title within the required time is subject to a civil penalty of ten dollars ($10.00) and is guilty of a misdemeanor.  A person who undertakes to apply for a certificate of title on behalf of another person and who fails to apply for a title within the required time is subject to a civil penalty of twenty dollars ($20.00).  When a person to whom a vehicle is transferred fails to obtain a title within the required time because a person who undertook to apply for the certificate of title did not do so within the required time, the Division may impose a civil penalty only on the person who undertook to apply for the title.  Civil penalties collected under this subsection shall be credited to the Highway Fund."
Sec. 15.  G.S. 20-74 reads as rewritten:
"§ 20-74. Penalty for making false statement about transfer of vehicle.
A dealer or another person who, in an application required by this Division, knowingly makes a false statement about the date a vehicle was sold or acquired shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars ($50.00) or imprisoned not more than 30 days.."
Sec. 16.  G.S. 20-119(b) reads as rewritten:
"(b)	Upon the issuance of a special permit for an oversize or overweight vehicle by the Department of Transportation in accordance with this section, the applicant shall pay to the Department a fee of ten dollars ($10.00) for a single trip permit and fifty dollars ($50.00) for an annual permit issued for a single vehicle. Any person who operates more than one vehicle may apply for, and the Department may issue, an annual permit for all oversize or overweight vehicles operated by the person upon payment of an annual fee based on the following schedule:
No. of Vehicles	Annual Permit Rate per Vehicle

First 50		$50.00
51 to 100		40.00
101 to 150		30.00
Over 150		20.00
Any vehicle required to obtain an overweight permit shall not be charged an additional fee for oversize. Any vehicle required to obtain an oversize permit shall not be charged an additional fee for overweight. This subsection shall not apply to farm equipment or machinery being used at the time for agricultural purposes, nor to the moving of a house as provided for by the license and permit requirements of Article 16 of this Chapter. Fees will not be assessed for permits for oversize and overweight vehicles issued to any agency of the United States Government or the State of North Carolina, its agencies, institutions, subdivisions or municipalities if the vehicle is registered in the name of the agency."
Sec. 17.  G.S. 20-289(a) reads as rewritten:
"(a)	The license fee for each fiscal year, or part thereof, shall be as follows:
(1)	For motor vehicle dealers, distributors, and wholesalers, fifty dollars ($50.00) for each principal place of business, plus eight dollars ($8.00) for a supplementary license for each car lot not immediately adjacent thereto;
	(2)	For manufacturers, one hundred dollars ($100.00), and for each factory branch in this State, seventy dollars ($70.00);
	(3)	For motor vehicle salesmen, five dollars ($5.00) for each license or transfer of license;
	(4)	For factory representatives, or distributor branch representatives, six dollars ($6.00) for each license or transfer of license;
	(5) 	Manufacturers, wholesalers, and distributors may operate as a motor vehicle dealer without any additional fee or license."
Sec. 18.  G.S. 20-291 reads as rewritten:
"§ 20-291. Salesman and other licensees to carry license and display it on request; license to name employer.
Every salesman, factory representative and distributor representative shall carry his license when engaged in business, and shall display it upon request. The license of a salesman, a factory representative, or a distributor representative shall state the name of the licensee's employer.  A licensee who changes employers shall immediately apply to the Division for a license that states the licensee's new employer.  The licensee shall pay the fee set in G.S. 20-289 for the transfer of license."
Sec. 19.  This act becomes effective July 1, 1991.