AN ACT to (1) AUTHORIZE continuances of DIVISION of motor vehicles inspection station violation cases; (2) provide that agricultural tourism signs on state highways are subject to department of TRANSPORTATION location and placement rules; (3) change the due date for the North carolina turnpike authority annual audit Report to october; (4) repeal a requirement that the department of TRANSPORTATION annually report RIGHT turn on red pedestrian crashes; (5) amend the state drivers LICENSE material TECHNICAL STANDARDS; (6) apply alternate prioritization CRITERIA under the strategic transportation investments act formula to Federal and state funds used for emergency REPAIR work; (7) reenact the AUTHORIZation for the department of TRANSPORTATION to participate in private DEVELOPER contracts for IMPROVEMENTS to the state highway system, subject to a limit of the lesser of ten percent or two hundred fifty thousand dollars; (8) to exclude Federal LandS Access program funds from the Strategic transportation investments Act formula, AS RECOMMENDED BY THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE; (9) update state law governing department of transportation oversight of the safety of rail fixed GUIDEWAY public transportation systems; (10) authorize the department of TRANSPORTATION to install and operate ramp meters and to provide that VIOLATION of a ramp meter signal is an infraction; (11) clarify state law CONCERNING ferry receipt generating activities; (12) specify penalties for violation of required ethics reporting PROVISIONS APPLICABLE to METROPOLITAN PLANNING ORGANIZATIONS and RURAL TRANSPORTATION planning organizations; and (13) authorize the department of TRANSPORTATION to contract for sponsorship arrangements for Department operations.

The General Assembly of North Carolina enacts:

DMV INSPECTION STATION CASE CONTINUANCES
SECTION 1.  G.S. 20‑183.8G reads as rewritten:
"§ 20‑183.8G.  Administrative and judicial review.
(a)	Right to Hearing. – A person who applies for a license or registration under this Part or who has a license or registration issued under this Part has the right to a hearing when any of the following occurs:
(1)	The Division denies the person's application for a license or registration.
(2)	The Division delivers to the person a written statement of charges of a violation that could result in the suspension or revocation of the person's license.
(3)	The Division summarily suspends or revokes the person's license following review and authorization of the proposed adverse action by a judge.
(4)	The Division assesses a civil penalty against the person.
(5)	The Division issues a warning letter to the person.
(6)	The Division cancels the person's registration.
(b)	Hearing After Statement of Charges. – When a license holder receives a statement of charges of a violation that could result in the suspension or revocation of the person's license, the person can obtain a hearing by making a request for a hearing. The person must make the request to the Division within 10 days after receiving the statement of the charges. A person who does not request a hearing within this time limit waives the right to a hearing.
The Division must hold a hearing requested under this subsection within 30 days after receiving the request, unless the matter is continued for good cause. The hearing must be held at the location designated by the Division. Suspension or revocation of the license is stayed until a decision is made following the hearing.
If a person does not request a hearing within the time allowed for making the request, the proposed suspension or revocation becomes effective the day after the time for making the request ends. If a person requests a hearing but does not attend the hearing, the proposed suspension or revocation becomes effective the day after the date set for the hearing.
(c)	Hearing After Summary Action. – When the Division summarily suspends a license issued under this Part after judicial review and authorization of the proposed action, the person whose license was suspended or revoked may obtain a hearing by filing with the Division a written request for a hearing. The request must be filed within 10 days after the person was notified of the summary action. The Division must hold a hearing requested under this subsection within 14 days after receiving the request.
(d)	All Other Hearings. – When this section gives a person the right to a hearing and subsection (b) or (c) of this section does not apply to the hearing, the person may obtain a hearing by filing with the Division a written request for a hearing. The request must be filed within 10 days after the person receives written notice of the action for which a hearing is requested. The Division must hold a hearing within 90 days after the Division receives the request, unless the matter is continued for good cause.
(e)	Review by Commissioner. – The Commissioner may conduct a hearing required under this section or may designate a person to conduct the hearing. When a person designated by the Commissioner holds a hearing and makes a decision, the person who requested the hearing has the right to request the Commissioner to review the decision. The procedure set by the Division governs the review by the Commissioner of a decision made by a person designated by the Commissioner.
(f)	Decision. – Upon the Commissioner's review of a decision made after a hearing on the imposition of a monetary penalty against a motorist for an emissions violation or on a Type I, II, or III violation by a license holder, the Commissioner must uphold any monetary penalty, license suspension, license revocation, or warning required by G.S. 20‑183.7A, G.S. 20‑183.8A or G.S. 20‑183.8B, respectively, if the decision is based on evidence presented at the hearing that supports the hearing officer's determination that the motorist or license holder committed the act for which the monetary penalty, license suspension, license revocation, or warning was imposed. Pursuant to the authority under G.S. 20‑183.7A(c) and G.S. 20‑183.8B(c), the Commissioner may order a suspension for a first occurrence Type I violation of a station to be stayed upon reasonable compliance terms to be determined by the Commissioner. Pursuant to the authority under G.S. 20‑183.7A(d1) and G.S. 183.8B(c2), the Commissioner may order the suspensions against a license holder to run consecutively or concurrently. The Commissioner may uphold, dismiss, or modify a decision made after a hearing on any other action.
(g)	Judicial Review. – Article 4 of Chapter 150B of the General Statutes governs judicial review of an administrative decision made under this section."

AGRITOURISM SIGN LOCATION/DOT STANDARDS
SECTION 2.  G.S. 106‑22.5(a) reads as rewritten:
"(a)	The Department of Agriculture and Consumer Services shall work with the Department of Transportation to provide directional signs on major highways at or in reasonable proximity to the nearest interchange leading to an agricultural facility that promotes tourism by providing tours and on‑site sales or samples of North Carolina agricultural products to area tourists. The Department shall follow the sign location and placement rules of the Department of Transportation's Tourist‑Oriented Directional Signs and Logo Signs programs."

TURNPIKE AUTHORITY ANNUAL AUDIT DATE CHANGE
SECTION 3.  G.S. 136‑89.193(b) reads as rewritten:
"(b)	Annual Reports. – The Authority shall, promptly following the close of each fiscal year, submit an annual report of its activities for the preceding fiscal year and an annual audit of its books and accounts for the preceding fiscal year to the Governor, the General Assembly, and the Department of Transportation. The report and audit shall be submitted no later than October 31 of the fiscal year in which the report and audit are completed."

REPEAL REPORT/RIGHT TURN ON RED 
SECTION 4.  G.S. 20‑158(b)(2)d. is repealed.

DRIVERS LICENSE MATERIAL TECHNICAL STANDARD
SECTION 5.  G.S. 20‑7(n) reads as rewritten:
"(n)	Format. – A drivers license issued by the Division must be tamperproof and must contain all of the following information:
(1)	An identification of this State as the issuer of the license.
(2)	The license holder's full name.
(3)	The license holder's residence address.
(4)	A color photograph of the license holder applied to material that is measured by the industry standard of security and durability and is resistant to tampering and reproduction.
(5)	A physical description of the license holder, including sex, height, eye color, and hair color.
(6)	The license holder's date of birth.
(7)	An identifying number for the license holder assigned by the Division. The identifying number may not be the license holder's social security number.
(8)	Each class of motor vehicle the license holder is authorized to drive and any endorsements or restrictions that apply.
(9)	The license holder's signature.
(10)	The date the license was issued and the date the license expires.
The Commissioner shall ensure that applicants 21 years old or older are issued drivers licenses and special identification cards that are printed in a horizontal format. The Commissioner shall ensure that applicants under the age of 21 are issued drivers licenses and special identification cards that are printed in a vertical format, that distinguishes them from the horizontal format, for ease of identification of individuals under age 21 by members of industries that regulate controlled products that are sale restricted by age and law enforcement officers enforcing these laws.
At the request of an applicant for a drivers license, a license issued to the applicant must contain the applicant's race."

ALTERNATE CRITERIA FOR EMERGENCY REPAIR UNDER STRATEGIC TRANSPORTATION INVESTMENTS ACT
SECTION 6.  G.S. 136‑189.11 is amended by adding a new subsection to read:
"(c1)	Emergency Funds With Alternative Criteria. – The following funds, obligated in support of emergency repair work necessary to restore essential travel, minimize the extent of damage, or protect remaining facilities, as a result of events that occurred during a federal‑ or State‑declared emergency that significantly damaged the State‑maintained transportation system to the extent that safe passage is jeopardized, shall be subject to subsection (d) of this section but shall not be subject to the prioritization criteria set forth in that subsection:
(1)	Federal or State funds obligated for repairs for which federal Emergency Relief Funds are available pursuant to 23 U.S.C. § 125.
(2)	State funds obligated for repairs to damage occurring as a result of an event that is lawfully declared to be a federal or State emergency."

DOT PARTNERSHIP WITH PRIVATE DEVELOPERS
SECTION 7.  Section 2 of S.L. 2009‑235 reads as rewritten:
"SECTION 2. This act is effective when it becomes law. This act shall expire on December 31, 2016."

EXCLUDE FEDERAL LANDS ACCESS FUNDS
SECTION 8.  G.S. 136‑189.11(b) reads as rewritten:
"(b)	Funds Excluded From Formula. – The following funds are not subject to this section:
(1)	Federal congestion mitigation and air quality improvement program funds appropriated to the State by the United States pursuant to 23 U.S.C. § 104(b)(2) and 23 U.S.C. § 149.
(2)	Funds received through competitive awards or discretionary grants through federal appropriations either for local governments, transportation authorities, transit authorities, or the Department.
(3)	Funds received from the federal government that under federal law may only be used for Appalachian Development Highway System projects.
(4)	Funds used in repayment of "GARVEE" bonds related to Phase I of the Yadkin River Veterans Memorial Bridge project.
(5)	Funds committed to gap funding for toll roads funded with bonds issued pursuant to G.S. 136‑176.
(6)	Funds obligated for projects in the State Transportation Improvement Program that are scheduled for construction as of October 1, 2013, in State fiscal year 2012‑2013, 2013‑2014, or 2014‑2015.
(7)	Toll collections from a turnpike project under Article 6H of this Chapter and other revenue from the sale of the Authority's bonds or notes or project loans, in accordance with G.S. 136‑89.192.
(8)	Toll collections from the State‑maintained ferry system collected under the authority of G.S. 136‑82.
(9)	Federal State Planning and Research Program funds (23 U.S.C. § 505) and Metropolitan Planning funds (23 U.S.C. §§ 104 and 134).
(10)	Federal Lands Access Program funds received by the State pursuant to 23 U.S.C. § 204."

update fixed guideway system safety OVERSIGHT
SECTION 9.  G.S. 136‑18(36) reads as rewritten:
"(36)	The Department shall have the following powers related to fixed guideway public transportation system safety:
a.	To oversee the safety of fixed guideway public transportation systems in the State not regulated by the Federal Railroad Administration, pursuant to 49 U.S.C. § 5329 and 49 U.S.C. § 5330 and any reauthorizations of or amendments to those sections. The Department shall adopt rules in conformance with 49 U.S.C. § 5329 and 49 U.S.C. § 5330 concerning its oversight of the safety of fixed guideway public transportation systems.
b.	The Department shall examine and inspect the condition of each rail fixed guideway public transportation system and its equipment and facilities for the purpose of ensuring the safety and convenience of the public and the rail fixed guideway public transportation system's employees. If the Department finds any equipment or facilities to be unsafe, it shall at once notify the rail fixed guideway public transportation system and require the rail fixed guideway public transportation system to repair the equipment or facilities.
c.	The Department may conduct, in a manner consistent with federal law, a program of accident prevention and public safety covering all rail fixed guideway public transportation systems and may investigate the cause of any rail fixed guideway public transportation system accident. In order to facilitate this program, any rail fixed guideway public transportation system involved in an accident meeting the reporting thresholds defined by the Department shall report the accident to the Department.
d.	The Department shall review, approve, oversee, and enforce each rail fixed guideway public transportation system's implementation of the public transportation system safety plan required pursuant to 49 U.S.C. § 5329(d).
e.	The Department shall audit, at least once triennially, each rail fixed guideway public transportation system's compliance with the public transportation agency safety plan required pursuant to 49 U.S.C. § 5329(d).
f.	The Department shall provide, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems overseen by the Department to the Federal Transit Administration, the Governor, and the Board of Directors, or equivalent entity, of any rail fixed guideway public transportation system the Department oversees.
g.	The Department shall not receive funding for the activities authorized by sub‑subdivisions a. through f. of this subdivision from any rail fixed guideway public transportation systems subject to the Department's authority pursuant to the provisions of sub‑subdivisions a. through f. of this subdivision."

RAMP METER AUTHORIZED/PENALTY
SECTION 10.(a)  G.S. 20‑4.01 is amended by adding a new subdivision to read:
"(32a)	Ramp Meter. – A traffic control device that consists of a circular red and circular green display placed at a point along an interchange entrance ramp."
SECTION 10.(b)  G.S. 20‑158(c) is amended by adding a new subdivision to read:
"(6)	When a ramp meter is displaying a circular red display, vehicles facing the red light must stop. When a ramp meter is displaying a circular green display, a vehicle may proceed for each lane of traffic facing the meter. When the display is dark or not emitting a red or green display, a vehicle may proceed without stopping. A violation of this subdivision is an infraction. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this subdivision."
SECTION 10.(c)  G.S. 20‑4.01(32a) reads as rewritten:
"(32b)	Recreational Vehicle. – A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use that either has its own motive power or is mounted on, or towed by, another vehicle. The basic entities are camping trailer, fifth‑wheel travel trailer, motor home, travel trailer, and truck camper.
…."
SECTION 10.(d)  G.S. 20‑4.01(32b) reads as rewritten:
"(32c)	Regular Drivers License. – A license to drive a commercial motor vehicle that is exempt from the commercial drivers license requirements or a noncommercial motor vehicle."
SECTION 10.(e)  G.S. 20‑305(6)d.1.I. reads as rewritten:
"I.	Each new and unsold motor vehicle within the new motor vehicle dealer's inventory that has been acquired within 24 months of the effective date of the termination  from the manufacturer or distributor or another same line‑make dealer in the ordinary course of business, and which has not been substantially altered or damaged to the prejudice of the manufacturer or distributor while in the new motor vehicle dealer's possession, and which has been driven less than 1,000 miles or, for purposes of a recreational vehicle motor home as defined in G.S. 20‑4.01(32b)a., less than 1,500 miles following the original date of delivery to the dealer, and for which no certificate of title has been issued. For purposes of this sub‑subdivision, the term "ordinary course of business" shall include inventory transfers of all new, same line‑make vehicles between affiliated dealerships, or otherwise between dealerships having common or interrelated ownership, provided that the transfer is not intended solely for the purpose of benefiting from the termination assistance described in this sub‑subdivision."
SECTION 10.(f)  G.S. 20‑305(6)f. reads as rewritten:
"f.	The provisions of sub‑subdivision e. above shall not be applicable when the termination, nonrenewal, or cancellation of the franchise agreement by a new motor vehicle dealer is the result of the sale of assets or stock of the motor vehicle dealership. The provisions of sub‑subdivisions d. and e. above shall not be applicable when the termination, nonrenewal, or cancellation of the franchise agreement is at the initiation of a new motor vehicle dealer of recreational vehicle motor homes, as defined in G.S. 20‑4.01(32b)a., provided that at the time of the termination, nonrenewal, or cancellation, the recreational vehicle manufacturer or distributor has paid to the dealer all claims for warranty or recall work, including payments for labor, parts, and other expenses, which were submitted by the dealer 30 days or more prior to the date of termination, nonrenewal, or cancellation."

clarify FERRY receipt generating activities 
SECTION 11.(a)  G.S. 136‑82(f) reads as rewritten:
"§ 136‑82.  Department of Transportation to establish and maintain ferries.
…
(f)	Authority to Generate Certain Receipts. –  The Department of Transportation, notwithstanding any other provision of law, may operate or contract for the following receipt‑generating activities and use the proceeds for ferry passenger vessel replacement projects in the manner set forth in subsection (d) of this section:
(1)	Operation of, concessions on the ferries and at ferry facilities to provide to passengers on the ferries food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the ferry system.
(2)	Sponsorships, including, but not limited to, the sale of naming rights to any ferry vessel, ferry route, or ferry facility.
(3)	Advertising on or within any ferry vessel or at any ferry facility, including, but not limited to, display advertising and advertising delivered to passengers through the use of video monitors, public address systems installed in passenger areas, and other electronic media.
(4)	Any other receipt‑generating activity not otherwise forbidden by applicable law pertaining to public health or safety.
The Department may issue rules to implement this subsection.
…."
SECTION 11.(b)  G.S. 66‑58(c) is amended by adding a new subdivision to read:
"(21)	Any activity conducted by the Department of Transportation that is authorized by G.S. 136‑82(f)."

MPO/RPO Ethics fines
SECTION 12.(a)  G.S. 136‑200.2 reads as rewritten:
"…
(g)	Ethics Provisions. – All individuals with voting authority serving on a metropolitan planning organization who are not members of the Board of Transportation shall do all of the following:
…
(4)	File, with and in the same manner as the statement of economic interest filed under subdivision (3) of this subsection, an additional disclosure of a list of all real estate owned wholly or in part by the MPO member, the MPO member's extended family, or a business with which the MPO member is associated within the jurisdiction of the MPO on which the MPO member is serving. All additional disclosures of real estate filed by MPO members are public records under Chapter 132 of the General Statutes. The penalties for failure to file shall be as set forth in G.S. 138A‑25(d).
…
(j)	Violations. – A violation of subdivision (1) of subsection (g) of this section shall be a Class 1 misdemeanor. An MPO member who knowingly conceals or knowingly fails to disclose information that is required to be disclosed on a required filing under subdivisions (3) or (4) of subsection (g) of this section shall be guilty of a Class 1 misdemeanor. An MPO member who provides false information on a required filing under subdivisions (3) or (4) of subsection (g) of this section knowing that the information is false is guilty of a Class H felony. If the State Ethics Commission receives written allegations of violations of this section, the Commission shall report such violations to the Attorney General for investigation and referral to the District Attorney for possible prosecution. All written allegations or related documents are confidential and are not matters of public record.
.…"
SECTION 12.(b)  G.S. 136‑211 reads as rewritten:
"…
(f)	Ethics Provisions. – All individuals with voting authority serving on a rural transportation planning organization who are not members of the Board of Transportation shall do all of the following:
…
(4)	File, with and in the same manner as the statement of economic interest filed under subdivision (3) of this subsection, an additional disclosure of a list of all real estate owned wholly or in part by the rural transportation planning organization member, the rural transportation planning organization member's extended family, or a business with which the rural transportation planning organization member is associated within the jurisdiction of the rural transportation planning organization on which the rural transportation planning organization member is serving. All additional disclosures of real estate filed by members are public records under Chapter 132 of the General Statutes. The penalties for failure to file shall be as set forth in G.S. 138A‑25(d).
…
(j)	Violations. – A violation of subdivision (1) of subsection (f) of this section shall be a Class 1 misdemeanor. A rural transportation planning organization member who knowingly conceals or knowingly fails to disclose information that is required to be disclosed on a required filing under subdivisions (3) or (4) of subsection (f) of this section shall be guilty of a Class 1 misdemeanor. A rural transportation planning organization member who provides false information on a required filing under subdivisions (3) or (4) of subsection (f) of this section knowing that the information is false is guilty of a Class H felony. If the State Ethics Commission receives written allegations of violations of this section, the Commission shall report such violations to the Attorney General for investigation and referral to the District Attorney for possible prosecution. All written allegations or related documents are confidential and are not matters of public record.
.…"
SECTION 12.(c)  G.S. 138A‑25 is amended by adding the following new subsections to read:
"(d)	Within 30 days after the date due under G.S. 138A‑22, the Commission shall notify persons who are required to file a Statement of Economic Interest under G.S. 136‑200.2(g)(3) or G.S. 136‑211(f)(3) of a failure to file the Statement of Economic Interest or the filing of an incomplete Statement of Economic Interest. The Commission shall notify the filing person that if the Statement of Economic Interest is not filed or completed within 30 days of receipt of the notice of failure to file or complete, the filing person shall be fined and referred for prosecution after an additional 30 days, as provided for in this section.
(1)	Any filing person who fails to file a Statement of Economic Interest under G.S. 136‑200.2(g)(3) or G.S. 136‑211(f)(3) within 30 days of the receipt of the notice required under this section shall be fined two hundred fifty dollars ($250.00) by the Commission for not filing or filing an incomplete Statement of Economic Interest, except in extenuating circumstances as determined by the Commission.
(2)	Failure by any filing person to file or complete the Statement of Economic Interest within 60 days of the receipt of the notice required under this subsection shall be a Class 1 misdemeanor. The Commission shall report such failure to the Attorney General for investigation and referral to the District Attorney for possible prosecution, unless the Commission determines extenuating circumstances exist.
(e)	Within 30 days after the date due under G.S. 138A‑22, the Commission shall notify persons who are required to file an additional disclosure under G.S. 136‑200.2(g)(4) or G.S. 136‑211(f)(4) of a failure to file the additional disclosure or the filing of an incomplete additional disclosure. The Commission shall notify the filing person that if the additional disclosure is not filed or completed within 30 days of receipt of the notice of failure to file or complete, the filing person shall be fined and referred for prosecution after an additional 30 days, as provided for in this section.
(1)	Any filing person who fails to file or who files an incomplete additional disclosure within 30 days of the receipt of the notice required under this section shall be fined two hundred fifty dollars ($250.00) for not filing or filing an incomplete additional disclosure, except in extenuating circumstances as determined by the Commission.
(2)	Failure by any filing person to file or complete the additional disclosure within 60 days of the receipt of the notice required under this subsection shall be a Class 1 misdemeanor. The Commission shall report such failure to the Attorney General for investigation and referral to the District Attorney for possible prosecution, unless the Commission determines extenuating circumstances exist."

DOT SPONSORSHIPS AUTHORIZED
SECTION 13.  G.S. 136‑18 is amended by adding a new subdivision to read:
"(44)	The Department is authorized to contract for sponsorship arrangements for Department operations and may solicit contracts for such arrangements pursuant to Article 2 of this Chapter. All amounts collected and all savings realized as a result of these sponsorship arrangements shall be used by the Department toward funding of maintenance activities."

EFFECTIVE DATE
SECTION 14.  Section 1 of this act becomes effective October 1, 2014. Section 10 of this act becomes effective December 1, 2014, and applies to offenses committed on or after that date. Section 12 of this act becomes effective October 1, 2014, and applies to obligations to file additional disclosures arising on or after that date. The remaining sections of this act are effective when they become law.
In the General Assembly read three times and ratified this the 3rd day of July, 2014.

	s/	 Andrew C. Brock
	 Presiding Officer of the Senate

	s/	 Thom Tillis
	 Speaker of the House of Representatives

	s/	 Pat McCrory
	 Governor

Approved 4:15 p.m. this 7th day of July, 2014