New Laws | Highlands Police Department

New Laws

These pages are copied from the NC General Assembly's web site

December 1, 2010
December 1, 2009
September 3, 2009
January 1, 2007
December 1, 2006
October 1, 2006
September 1, 2006

Effective December 1, 2010

New Law Prohibits State Name, Stickers Being Hidden on License Plates

Beginning Dec. 1, Operators Can Be Cited, Later Fined

Beginning Tuesday, December 1, 2010, a new law goes into effect that requires the state's name across the bottom of the plate as well as the year and month stickers on a license plate to be fully visible. They can no longer be partially covered by a license frame.

Vehicle owners can be cited for committing an infraction and, after Nov. 30, 2010, fined $100 for the violation.

The law was introduced in the 2009 session of the General Assembly and was supported by law enforcement officials because it increases the readability of registration information on the plates and helps identify vehicles registered in North Carolina.

Moving Into The State

In the case of new residents, you must register your motor vehicle at the expiration of the time granted by reciprocity agreement between North Carolina and your prior state of residence (usually 30 days) or when gainful employment is accepted, whichever occurs first.

As a new resident of North Carolina, you will not be able to register your vehicle here until you apply for and receive your new North Carolina driver license or North Carolina ID card. North Carolina now issues driver licenses from a central location and mails them to applicants. After you apply for a driver license, you will receive a 20-day Temporary Driving Certificate to be used for driving purposes only until you receive your driver license. Your new license will be mailed within five to 10 days. You will be able to use your new license to register your vehicle in North Carolina.

New Residents

A new resident has 60 days after establishing residence to obtain a North Carolina license or learner permit. If you hold a commercial driver license from another jurisdiction and wish to maintain a commercial license, you must apply for and receive a North Carolina commercial license within 30 days after becoming a resident.

DMV shall not issue a driver license or identification card to an applicant who has resided in this state for less than 12 months until the division has completed a search of the National Sex Offender Public Registry.

You must be at least 15 years of age, and if under age 18 must have completed an approved driver education course consisting of at least 30 hours classroom instruction and six hours behind-the-wheel instruction.
Drivers ages 16 or 17 who are new residents of North Carolina and hold a valid unrestricted driver's license from a state that does not require driver education may be issued a temporary driver permit. This permit will allow them to drive until the driver education course required for driver licensing in North Carolina is completed.

A new resident, 18 years or older, applying for a Class C License is required to take the following:

Knowledge test (must be completed by 4:30 p.m.);
Vision test;
Traffic signs recognition test; and
Driving skills test (if the examiner deems necessary). No driving skills test will be initiated After 4 p.m.

Nonresidents

A nonresident of North Carolina is, "Any person whose legal residence is in a state, territory, or jurisdiction other than North Carolina or in a foreign country.

Examples of nonresidents:

Salesmen whose homes are in other states who travel through North Carolina;
Out-of-state college students who intend to return to their home states upon completion of their education in North Carolina;
Members of the armed forces stationed in North Carolina who intend to return to their home states; and
Spouses of nonresident members of the armed forces stationed in North Carolina.

Driver License Points

If you are convicted of certain motor vehicle violations in North Carolina, driver license points are placed against your driving record. If you accumulate seven points, you may be assigned to a driver improvement clinic. The clinic fee is $50. Upon satisfactory completion of the clinic, three points are deducted from your driving record. If you accumulate as many as 12 points within a three-year period, your license may be suspended. The accumulation of eight points within three years following the reinstatement of your license can result in a second suspension.

If your driver license is suspended by the point system, it may be taken for:

60 days for the first suspension;
6 months for the second; and
12 months for the third.

When your driving privilege is reinstated, all previous driver license points are canceled.

Points are given for the following offenses:
Conviction	Point Value
Passing a stopped school bus	5
Aggressive driving	5
Reckless driving	4
Hit and run, property damage only	4
Following too closely	4
Driving on wrong side of road	4
Illegal passing	4
Failure to yield right of way to pedestrian pursuant to G.S. 20-158 (b) (2) b.	4
Failure to yield right of way to bicycle, motor scooter or motorcycle	4
Running through stop sign	3
Speeding in excess of 55 mph	3
Failure to yield right of way	3
Running through red light	3
No driver license or license expired more than one year	3
Failure to stop for siren	3
Driving through safety zone	3
No liability insurance	3
Failure to report accident where such report is required	3
Speeding in a school zone in excess of the posted school zone speed limit	3
Failure to properly restrain a child in a restraint or seat belt	2
All other moving violations	2
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle	1

Effective December 1, 2009

Texting-While-Driving

S.l. 20-137.4A Unlawful use of additional technology.

Offense: It shall be unlawful for any person to use additional technology, as 14 defined in G.S. 20-137.3(a)(1), associated with any mobile phone, while operating a vehicle on a public street or highway or public vehicular area.
Exceptions: The provisions of this section shall not apply to any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
Penalty: A violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the cost of court. No drivers license points or insurance surcharge shall be assessed as a result of a violation of this section. Failure to comply with the provisions of this section shall not constitute negligence per se or contributory negligence by the operator in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a vehicle.

Section Three. This act becomes effective December 1, 2009, and applies to offenses committed on or after that date.

Texting While Driving In North Carolina: The New Law | North Carolina Car Accident Attorneys

Most North Carolina drivers know that texting while driving has been banned for teens for the last two years, but a new law was signed by the Governor of North Carolina (NC) regarding texting while driving. If you're caught texting while driving in NC, you could receive a $100 traffic ticket. However, incurring a texting while driving violation will not add points to your driver's license.

If you'd like to learn more about the risks associated with texting behind the wheel, and distracted driving in general, please download our free consumer guide here.

Although teen drivers are not allowed to use mobile devices while driving in any capacity, those over 18 in North Carolina are still allowed to talk on their cell phone while driving - the only exception is bus drivers, who are also not allowed to use any type of mobile device while on the road. The bus driver cell phone law includes both public school bus drivers and private school bus drivers.

Some that oppose the law wonder how the law might be enforced as it is difficult to catch someone texting while driving - and hard to prove it. However, a recent study that showed that truck drivers are 23 times more likely to crash while texting has even more people, groups, and organizations worried about the loss of life that might occur if texting remains legal behind the wheel. In another study, researchers found that teens were 8 times more likely to crash while driving if they often sent text messages while on the road. All hope that the new law will minimize distracted driving.

North Carolina is the 14th state to make texting and emailing while driving illegal.

Effective September 3, 2009

Driver Licenses Mailed To Help Fight Fraud

As of September 3, 2009, all North Carolina driver license offices are participating in the central issuance program. This means that original and renewal driver licenses, learner permits and identification cards are all produced in a central location and mailed to the applicant. Applicants receive a 20-day temporary driving certificate to use while their license is produced and mailed. Most licenses are mailed within five to 10 days. DMV encourages drivers to renew their driver licenses early. Applications for driver license renewals can be made up to six months before the renewal due date.

Division of Motor Vehicles Introduces Vertical License for Young Drivers

New License to Help Prevent Alcohol and Tobacco Sales

Raleigh - The North Carolina Division of Motor Vehicles will introduce a new vertical license for drivers under the age of 21 on Wednesday, Oct. 1. As added protection, the license includes color-coded bars that highlight the driver's 18th and 21st birthdays.

"By helping retailers more easily identify the age of customers purchasing alcohol and tobacco, we can help protect our young people," DMV Commissioner William C. Gore Jr. said.

Drivers between the ages of 15 and 18 will receive licenses with two color bars, red and yellow, next to their photos listing the dates they turn 18 and 21. Drivers between the ages of 18 and 21 will receive licenses with one red color bar listing the date they turn 21.

This is the first enhancement to the age identification portion of the state's driver license since 1996, when color borders were added to designate those under 18, those 18 to 21 and those 21 and over.

Graduated Licensing

Limited Learner Permit

If you are at least 15 years of age and have completed an approved driver education course that meets North Carolina requirements and can present a Driving Eligibility Certificate (issued by the public school system), a high school diploma or its equivalent, you may apply for a Level One Limited Learner Permit to operate vehicles requiring a Class C License.

You must be at least 15 years old but less than18 years old and reside in North Carolina.
You must pass written, sign and vision tests.
All passengers must be restrained by seat belt or child safety seat.
No one except the driver and the supervising driver are allowed in the front seat.
During the first six months, a level one permit authorizes you to drive between the hours of 5 a.m. and 9 p.m., while accompanied by your supervising driver.
Six months from level one issuance, you are eligible to drive anytime with a supervising driver.
You are not permitted to use a mobile telephone or other additional technology associated with a mobile telephone while operating a motor vehicle on a public street, highway or public vehicular area.

{Exception}-You can use it to call the following regarding an emergency situation: an emergency response operator; a hospital, physician's office or a health clinic; a public or privately owned ambulance company or service; a fire department; a law enforcement agency; your parent, legal guardian or spouse.

Note: Before graduating to level two, you must keep this permit for at least 12 months and have no convictions of motor vehicle moving violations or seat belt/mobile telephone infractions within the preceding six months

Level Two Limited Provisional License

Drivers must be at least 16 years old, but less than 18.
All passengers must be restrained by seat belt or child safety seat.
Supervising driver must be seated beside the driver.
You may drive without supervision from 5 a.m. until 9 p.m. and at any time when driving directly to or from work or any volunteer fire, rescue or emergency medical service, if you are a member.
When the license holder is driving the vehicle and is not accompanied by the supervising driver, there may be no more than one passenger under 21 years of age in the vehicle. This limit does not apply to passengers who are members of the license holder's immediate family or whose primary residence is the same household as the license holder. However, if a family member or member of the same household as the license holder who is younger than 21 years of age is a passenger in the vehicle, no other passengers under 21 years of age who are not members of the license holder's immediate family or members of the license holder's household, may be in the vehicle.
You are not permitted to use a mobile telephone or other additional technology associated with a mobile telephone while operating a motor vehicle on a public street or highway or public vehicular area.

{Exception}-You can use it to call the following regarding an emergency situation: an emergency response operator; a hospital, physician's office, or a health clinic; a public or privately owned ambulance company or service; a fire department; a law enforcement agency; your parent, legal guardian or spouse.

Note: Before graduating to level three, you must keep this license for at least six months and have no convictions of motor vehicle moving violations or seat belt/mobile telephone infractions within the preceding six months.

Supervising Driver: A supervising driver must be a parent, grandparent or guardian of the permit/license holder, or a responsible person approved by the parent or guardian. A supervising driver must hold a valid driver license and must have been licensed for at least five years.

Level Three Full Provisional License

The restrictions on level one and level two concerning time of driving, supervision and passenger limitations do not apply to a full provisional license.
If you are under the age of 18, you are not permitted to use a mobile telephone or other additional technology associated with a mobile telephone while operating a motor vehicle on a public street or highway or public vehicular area.

{Exception}-You can use it to call the following regarding an emergency situation: an emergency response operator; a hospital, physician's office, or a health clinic; a public or privately owned ambulance company or service; a fire department; or a law enforcement agency; your parent, legal guardian or spouse.

New Residents Between the Ages of 15 and 18 Years

If you are a new resident moving into North Carolina and are 15 but less than 18 years old and have a learner permit, a restricted license or an unrestricted license, you should contact your local driver license office to determine which type of license or learner permit you are eligible to apply for.

The Provisional Licensee

Drivers under age 18 are provisional licensees. Because these drivers have a much higher crash rate, special laws apply to them. If you are a driver under age 18:

You must present a certificate showing you have passed an approved driver education course consisting of at least 30 hours classroom instruction and six hours behind-the-wheel instruction that meets North Carolina requirements before you can take the test for a learner permit or license.
The DMV reviews your driving record more closely and may contact you if you have certain types of traffic convictions or crashes.
It is unlawful for a provisional licensee to drive a motor vehicle after or while consuming any amount of alcohol or drugs - a conviction of such a violation will result in a one-year license revocation.
A parent or legal guardian must sign for a minor.

Restrictions

For safety reasons, a driver license may be limited or restricted in some way. For example, a driver may only be permitted to operate a motor vehicle while using corrective lenses or mechanical control devices. If your license is restricted, you must only drive within the limits of the restriction; otherwise you are considered to be driving without a license.

A disabled person who passes the license examination may be issued a driver license restricted to using equipment necessary to safely operate the motor vehicle.

If you are issued a restricted license, you can be called in for a reexamination before the expiration date of the license.

Thinking of Dropping Out?

Driver license applicants less than 18 years old must have a Driving Eligibility Certificate, high school diploma or its equivalent to be eligible for a North Carolina driving permit or license.

The Driving Eligibility Certificate must be signed by the applicant's school administrator who certifies that the applicant is currently enrolled in school and making progress toward a high school diploma; or that substantial hardship would be placed on the applicant or the applicant's family if he or she does not receive a driver license. The steps in graduated licensing must still be followed even if the Driving Eligibility Certificate is issued due to hardship conditions. North Carolina does not issue a hardship driving permit or license. DMV must revoke the driver license of any person under age 18 when it receives notice from the proper school authority that the person is no longer eligible for a Driving Eligibility Certificate. This revocation remains in effect until the person's 18th birthday unless a Driving Eligibility Certificate, high school diploma or GED Certificate is obtained.

Lose Control / Lose Your License

A loss of license will occur if a student receives a suspension for more than 10 consecutive days or receives an assignment to an alternative educational setting due to disciplinary action for more than 10 consecutive days. This suspension remains in effect for 12 months or until a Driving Eligibility Certificate is obtained.

2005-2006 Legislation 'effective January 1, 2007'

The following public law provisions were enacted during the 2005-2006 session with an effective date of January 1, 2007.

S.L. 2005-276 (SB 622) 2005 Appropriations Act.
An act to make base budget appropriations for current operations of State departments, institutions, and agencies, and for other purposes. [see sections 10.18(c), 14.2(q)]

S.l. 2005-386 (hb 1096) Amend Environmental Laws 2005.
An act to amend various environmental laws related to the environment, environmental health, and natural resources to: (1) make clarifying, conforming, and technical amendments; (2) modify environmental reporting requirements; (3) change the name of the wetlands restoration program to the ecosystem enhancement program and to change the name of the wetlands restoration fund to the Ecosystem restoration fund; (4) authorize the commission for health services to modify the inspection schedule for establishments that prepare or serve food or drink to the public; (5) authorize the use of funds from the special zoo fund for marketing purposes; (6) provide that members of the joint legislative commission on seafood and aquaculture who are not reelected to the general assembly may complete their term of service on the commission; (7) make clarifying amendments to the sedimentation pollution control act of 1973; (8) Change the name of the air quality compliance advisory panel to the small business environmental advisory panel; and (9) provide exemptions from well contractor certification requirements for certain persons and certain activities. [see sections 4.1 & 10]

S.l. 2005-429 (sb 393) Economic Development - Public Records.
An act to clarify the public records laws with respect to economic development and to require the department of revenue to publish annual reports regarding use of economic development tax incentives. [see sections 2.2-2.12 & 4]

S.l. 2005-455 (sb 1126) Implement CRFL/Amend Fisheries Laws.
An act to provide for the implementation of the Coastal Recreational Fishing License, to exempt from Coastal Recreational Fishing License requirements only those individuals who are under sixteen years of age or who hold certain licenses issued by the wildlife resources commission that were purchased prior to January 1, 2006, to provide for a statewide subsistence fishing license waiver, to prohibit the wildlife resources commission from disclosing personal identifying information of licensees and others under certain circumstances, to amend various statutes related to the wildlife resources commission, to provide a system of unified licenses under which individuals may fish throughout the state, and to authorize the marine fisheries commission and the Wildlife Resources Commission to jointly disburse fishing license revenues and investment income to manage the marine resources of the state. [see sections 1.1-1.8, 1.11, 1.12, 1.16 & 4.3]

S.l. 2005-456 (sb 612) Amend Lobbying Laws.
An act to amend the lobbying laws by increasing the information required to be reported on lobbying activities without limiting expenditures; by requiring monthly reporting of legislative lobbying during sessions of the general assembly and quarterly thereafter; by establishing a waiting period before certain state officers may lobby; by barring lobbyists from certain appointments and other activities; by requiring registration and quarterly reporting of lobbying activities of executive branch officers; and by creating a no gifts registry. [see sections 1-3 & 5]

S.l. 2006 33 (hb 1915) SSTA Sales Tax Defn/Sales Tax Payments.
An act to incorporate the Streamlined Sales Tax Definitions concerning telecommunications, to simplify the tax payment requirements for semimonthly taxpayers, and to treat tangible personal property used in modular homes the same as tangible personal property used in other homes. [see sections 1-8 & 14]

S.l. 2006-66 (sb 1741) Modify Appropriations Act Of 2005.
An act to modify the current operations and capital appropriations act of 2005, to increase teacher and state employee pay, to reduce the sales tax rate and the income tax rate applicable to most small businesses, to cap the variable wholesale component of the motor fuel tax rate at its current rate, to enact other tax reductions, and to provide for the financing of higher education facilities and psychiatric hospitals and other capital projects. [see sections 9.17(c)-(e) & (g), 10.8 (by virtue of s.l. 2006-221, section 9(c)), 10.9f(a), 11.7, 14.3, 24.1(d), (f), (h) & (j), 24.9]

S.l. 2006-71 (sb 1121) Brownfields Property Reuse Act Amendments.
An act to amend the Brownfields Property Reuse Act of 1997. [entire act]

S.l. 2006-104 (sb 1277) NC Nova-Special Voluntary Licensure Designat.
An act to establish the North Carolina new organizational vision award special licensure designation, as recommended by the study commission on aging. [entire act]

S.l. 2006-114 (hb 2174) Raise Minimum Wage.
An act to raise the minimum wage in North Carolina. [entire act]

S.l. 2006-142 (hb 2077) Mental Health Reform Changes.
An act to make changes with respect to the implementation of mental health reform. [see sections 4(i)-(k)]

S.l. 2006-145 (sb 277) Motor Vehicle Self-Insurers.
An act to provide for a voluntary mediation program for residential property insurance claims caused by disasters, to require sellers of property insurance to disclose major perils that are not covered, to provide for the tolling of time periods in property insurance policies in disaster situations, to provide for the tolling of time periods if the operations of the department of insurance are interrupted by force majeure, and to authorize motor vehicle self-insurance for certain religious organizations. [see sections 2, 5 & 7]

S.l. 2006-151 (hb 2047) Video Service Competition Act.
An act to promote consumer choice in video service providers and to establish uniform taxes for video programming services. [entire act]

S.l. 2006-155 (hb 2188) Candidate Challenge Procedure.
An act to provide for a procedure for challenging the qualifications of a candidate. [entire act]

S.l. 2006-161 (hb 1845) Permitted Use Of Campaign Funds.
An act to restrict the use of contributions to candidates and candidates' campaign funds to those related to campaigns and office-holding duties; to prohibit personal use of contributions by candidates and candidate campaign committees; and to strengthen reporting requirements to prevent violations. [see sections 2-4 & 6]

S.l. 2006-162 (hb 1963) Revenue Laws Tech. & Motor Fuel Tax Changes.
An act to make technical, clarifying, and administrative changes to the revenue laws and related statutes, to improve the collection and administration of the motor fuel tax, and to authorize a county that imposes a sales tax for public transportation to levy a vehicle rental tax. [see sections 14, 15, 17, 32 & 33]

S.l. 2006-185 (sb 948) Amend Boating Safety/Vessel Titling Law.
An act to make various amendments to the boating safety and vessel titling law. [entire act]

S.l. 2006-187 (hb 1848) Omnibus Courts Act.
An act to authorize the collection of offender fines and fees assessed by the general court of justice by credit card, charge card, or debit card; to authorize the use of electronic filing in the trial courts; to authorize the department of justice to provide the judicial department with criminal background checks from the state and national repositories of criminal histories; to establish a permanency mediation program; to amend the law providing for foreign language interpreters in the courts; to authorize the establishment of certain positions within the judicial department; to revise and update the procedures and responsibilities of the judicial standards commission and to authorize six additional members of the commission; and to make technical corrections and adjustments to provisions affecting the courts. [see sections 11-13]

S.l. 2006-191 (sb 729) Used Motor Vehicle Dealer Courses.
An act to exempt new motor vehicle dealers from the used motor vehicle dealers' course requirements. [entire act]

S.l. 2006-192 (hb 1024) Runoff Changes.
An act to authorize the state board of elections to conduct a pilot program in which the instant runoff method of voting would be used in local elections; to set the date of future second primaries at seven weeks after the first primary; to revise the municipal election schedule to provide more time for absentee voting and election administration; to conform North Carolina absentee voting law to the U.S. uniformed and overseas citizens absentee voting act; to revise the procedure for selection of precincts and other voting units for sample counts; to provide for filling mid-election-year judicial vacancies; and to further amend the law concerning judicial candidacies. [see sections 2-5, 15(in part), 17 & 19]

S.l. 2006-195 (hb 1846) 2006 Campaign Finance Changes.
An act to lower the threshold from one hundred dollars to fifty dollars for accepting a political contribution in cash; to prohibit the use of blank payee checks in campaign contributions; to require the reporting of the identity of a contributor who makes a contribution of more than fifty dollars; to specify the time period by which the threshold for identifying an individual contributor's identity is measured; to add a penalty for accepting contributions from certain non legal sources; to bar prosecution if best efforts are made to ensure that a contribution is from a legal source; and to strengthen political committee treasurer training. [see sections 1-6 & 9]

S.l. 2006-201 (hb 1843) State Government Ethics Act - 1.
An act to establish the state government ethics act; to create the state ethics commission; to establish ethical standards for certain state public officers, state employees, and appointees to non advisory state boards and commissions; to require public disclosure of economic interests by certain persons in the executive, legislative, and judicial branches; to amend the lobbying laws; and to make conforming changes. [see sections 4-15, 17-21 & 25]

S.l. 2006-209 (sb 1373) Various Special Plates.
An act to increase the fee for a breast cancer awareness special plate to support services to detect breast cancer earlier; to authorize the division of motor vehicles to issue the following new special registration plates: Carolina's Aviation Museum, met, fox hunting, gold star, greyhound friends of NC, KAPPA ALPHA PSI Fraternity, Leukemia & Lymphoma Society, Lung Cancer Research, NC Children's Promise, NC State Parks, Prince Hall Mason, Support Our Troops, and US Equine Rescue League; to eliminate the registration plate fee requirement for individuals who qualify for the legion of valor special registration plate; to add the ducks unlimited special plate to the list of plates not required to have a "first in flight" background; to authorize the division to issue an international association of fire fighters special plate to a surviving spouse; to repeal the sunset on the Harley Owners' Group and Rocky Mountain Elk Foundation special license plates; and to amend the Retired Highway Patrol special plate. [see section 9]

S.l. 2006-221 (sb 198) Revise 2006 Budget Act.
An act to make technical, clarifying, and other modifications to the current operations and capital improvements appropriations act of 2006. [see sections 9(c) & 27(b)]

S.l. 2006-226 (sb 1479) UNINC. Nonprofit Assoc. Act/GSC Tech. Corr.
An act to enact the Uniform Unincorporated Nonprofit Association Act and to make technical corrections and conforming changes to the general statutes, as recommended by the General Statutes Commission. [see sections 1-7 & 34]

S.l. 2006-231 (sb 1621) Special Indebtedness Projects.
An act to authorize additional special indebtedness for the construction of up to five youth development centers; to authorize special indebtedness for the purchase of state game lands; to authorize special indebtedness for a parking facility in downtown Raleigh; and to exempt sales of timber from the service charge imposed by the department of administration. [see sections 1 & 6]

S.l. 2006-233 (hb 966) Candidate Specific Communications.
An act to provide for the disclosure of candidate-specific communications. [entire act]

S.l. 2006-234 (hb 88) Electoral Fairness Act.
An act to reduce the number of signatures required of a statewide unaffiliated candidate to achieve ballot eligibility; to reduce the number of votes a new political party must gain for a nominee in order to maintain ballot eligibility; to extend filing fee provisions to new party and unaffiliated candidates; and to provide that a candidate who ran in a party primary for an office is not eligible for nomination by another party to fill a vacancy in its nomination for the same office in the same year. [entire act]

S.l. 2006-252 (hb 2170) Bill Lee Changes.
An act to replace the tax credits generally available under the William S. Lee quality jobs and business expansion act with more narrowly focused credits for job creation and business investment. [see sections 1.1, 1.3, 1.5 & 2.27]

S.l. 2006-257 (hb 267) 8-Year Drivers License/Internet DL Renewal.
An act to authorize eight-year drivers licenses as recommended by the joint legislative transportation oversight committee, and to provide for the issuance of temporary driving certificates pending the issuance of a drivers license. [see sections 1 & 3]

S.l. 2006-259 (sb 1523) 2006 Technical Corrections Act.
An act to make technical corrections and conforming changes to the general statutes as recommended by the General Statutes Commission, and to make various other changes to the general statutes and session laws. [see sections 23.1, 26, 43.5 & 48]

Prepared By: N.C. Legislative Library

2005-2006 Legislation 'effective December 1, 2006'

The following public law provisions were enacted during the 2005-2006 session with an effective date of December 1, 2006.

S.l. 2006-66 (sb 1741) Modify Appropriations Act of 2005.
An act to modify the current operations and capital appropriations act of 2005, to increase teacher and state employee pay, to reduce the sales tax rate and the income tax rate applicable to most small businesses, to cap the variable wholesale component of the motor fuel tax rate at its current rate, to enact other tax reductions, and to provide for the financing of higher education facilities and psychiatric hospitals and other capital projects. [see sections 24.1 & 28.7]

S.l. 2006-80 (hb 2200) Enhance Embargo Auth/Protect Food Supply.
An act to enhance the embargo authority of the secretary of environment and natural resources and local health directors and to direct the development of a state plan to protect the food supply from intentional contamination. [see sections 1 & 3]

S.l. 2006-113 (hb 2098) Protection of Animals.
An act to amend the law relating to the protection of animals, as recommended by the general statutes commission. [entire act, by virtue of s.l. 2006-259, section 37]

S.l. 2006-140 (sb 774) Seat Belt Use Enhancements.
An act to modify the seat belt use statutes to enhance the use of seat belts. [entire act]

S.l. 2006-169 (sb 1833) Disorderly Conduct/Funeral/Military Services.
An act to prohibit disorderly conduct at a military funeral or memorial service or any other funeral or memorial service. [entire act]

S.l. 2006-177 (sb 1289) Cell Phone Use by Drivers Under 18 Prohibited.
An act to reduce fatalities among new teen drivers by making the use of a mobile phone unlawful for a person less than eighteen years of age and who holds a provisional license while driving a motor vehicle on a public street or highway or public vehicular area, as recommended by the nc child fatality task force. [entire act]

S.l. 2006-179 (sb 488) Assault Handicapped/Increase Penalty.
An act to increase the criminal penalty for simple assault or battery on a handicapped person. [entire act]

S.l. 2006-181 (hb 1120) Strengthen Neighborhood Watch Programs.
An act to officially acknowledge the importance of neighborhood crime watch programs and to establish a criminal penalty for harassment of a member of a neighborhood crime watch program. [see sections 3 & 4]

S.l. 2006-229 (hb 1523) Increase Penalties for CAMA Violations.
An act to increase the amount of the penalties that may be assessed for violation of the coastal area management act. [see sections 1 & 2]

S.l. 2006-247 (hb 1896) Protect Children/Sex Offender Law Changes.
An act to (1) amend the sex offender and public protection registration programs; (2) implement a satellite-based monitoring system to assist with the supervision of certain sex offenders as recommended by the child fatality task force; (3) expand the definition of 'sexual contact' as it relates to the offense of sexual battery; (4) authorize the department of correction to study the mental health treatment practices of sex offenders; (5) create the criminal offenses of human trafficking and sexual servitude; (6) amend the offense of involuntary servitude; (7) add the offense of sexual servitude to the list of Offenses that require registration under sex offender registration laws; (8) to make it a class g felony for a sex offender to reside within one thousand feet of a public or nonpublic school or a child care center; (9) amend laws applicable to notification of sex offender registration requirements by the division of motor vehicles; and to provide that the act shall be known as "an act to protect north carolina's children/sex offender law changes." [see sections 1(b) & (c), 2, 3, 5-7, 8(a) & (c), 9.1,10,11(c), 12, 19(e) & 22]

S.l. 2006-250 (hb 1413) Enhance Local Govt. Adm. Of Env. Prgms.
An act to provide additional authority for local governments that administer approved local environmental programs and to provide additional incentives for local governments to request the authority to administer all or a portion of certain environmental programs and to allow local government employees to stand in, on, or near a public street or highway owned, leased, or controlled by the state to solicit charitable contributions so long as the person soliciting is an Employee or agent of the local government and meets certain restrictions and guidelines. [see sections 7 & 8]

S.l. 2006-253 (hb 1048) Governor's DWI Task Force Recommendations.
An act to provide: (1) improved detection of impaired drivers on the state's roads and highways; (2) improved methods of determining how underage drivers obtain alcohol; (3) procedures for investigating, arresting, charging, and judicial processing of impaired driving offenses; (4) rules for the courtroom admission of evidence that is relevant to impaired driving offenses; (5) clarification on when a driver is guilty of driving while impaired; (6) aggravated penalties for offenders who seriously injure or kill when driving while impaired; (7) a system of reporting by state prosecutors and the courts on the disposition of impaired driving offenses; (8) electronic monitoring after an impaired driver has been released from confinement; (9) for the seizure and forfeiture of the vehicle where a person is driving while impaired without a license or insurance; (10) other measures designed to improve the safety of the motoring public of north carolina; and to provide that the act shall be known as "the motor vehicle driver protection act of 2006." [see section 33]

S.l. 2006-259 (sb 1523) 2006 Technical Corrections Act.
An act to make technical corrections and conforming changes to the general statutes as recommended by the general statutes commission, and to make various other changes to the general statutes and session laws. [see sections 4, 10, 11, 37]

2005-2006 Legislation 'effective October 1, 2006'

The following public law provisions were enacted during the 2005-2006 session with an effective date of October 1, 2006.

S.l. 2005-282 (sb 189) All-Terrain Vehicle Regulation.
An act to prohibit the operation of all-terrain vehicles by persons less than eight years old, to restrict the operation of all-terrain vehicles by persons eight to fifteen years old based on engine capacity, to prohibit sellers from knowingly selling all-terrain vehicles for use by persons less than eight years old or for use by persons eight to fifteen years old in violation of the engine capacity limitations, to require safety training for ATV operators, and to create infractions for violations. [act became effective 12-1-05, but see section 2 for safety training and certificate requirement effective 10-1-06]

S.l. 2005-414 (sb 1048) Identity Theft Protection Act of 2005.
An act enacting the identity theft protection act of 2005. [see sections 1 & 11]

S.l. 2006-6 (sb 912) Phase Out Video Poker/Except by Compact.
An act to phase out the possession or operation of video gaming machines by limiting the number of video gaming machines that may be possessed or operated to two per location on October 1, 2006, and to one per location on March 1, 2007, and to prohibit possession or operation of video gaming machines as of July 1, 2007, except pursuant to a tribal-state compact. [see sections 1 & 12]

S.l. 2006-59 (hb 1432) Notary Public Corrections.
An act to make corrections and other amendments to the notary public act, and to make other conforming changes. [entire act, except as otherwise provided. See section 33]

S.l. 2006-96 (sb 1991) District 13 County Resident Judgeships.
An act to provide balance among the counties in the residency of district court judges in district court district 13 and to divide superior court district 13. [see section 5]

S.l. 2006-105 (sb 615) Insurance Technical Corrections.
An act to make technical and substantive corrections and clarifications to the insurance law and to amend the insurance holding company act and a related statute to strengthen the solvency of north carolina incorporated insurers. [see sections 2.3 & 6]

S.l. 2006-112 (sb 1555) Revise Articles 1 and 7 of the UCC.
An act to enact revised article 1 of the uniform commercial code containing general provisions applicable to the entire code, to make conforming amendments to other articles of the uniform commercial code and other sections of the general statutes, to enact revised article 7 of the uniform commercial code relating to warehouse receipts and bills of lading, to make conforming amendments to other articles of the uniform commercial code and other sections of the general statutes, and to repeal obsolete criminal provisions of the Former uniform warehouse receipts act, as recommended by the general statutes commission. [entire act]

S.l. 2006-134 (hb 1388) Debt Collection Licensing Changes.
An act to authorize the commissioner of insurance to issue permits to alien debt collectors. [entire act]

S.l. 2006-143 (hb 1502) School Children's Health Act.
An act to enact the school children's health act of 2006. [entire act, except as otherwise provided. See section 4]

S.l. 2006-144 (hb1301) Pt Bd. Lic/Strngth Bd. Med/Patient Safe Org.
An act authorizing the north carolina board of physical therapy examiners to require licensees to demonstrate continuing competence in the practice of physical therapy, and strengthening the authority of the north carolina medical board to discipline physicians and certain others, and designating information released to patient safety organizations as confidential, and allowing certain groups to practice as professional corporations. [see sections 4-9 & 11]

S.l. 2006-161 (hb 1845) Permitted Use of Campaign Funds.
An act to restrict the use of contributions to candidates and candidates' campaign funds to those related to campaigns and office-holding duties; to prohibit personal use of contributions by candidates and candidate campaign committees; and to strengthen reporting requirements to prevent violations. [see sections 1-5 & 6]

S.l. 2006-168 (hb 2744) Economic Development Program Modifications.
An act to make modifications to the job development investment grant program, to extend the william s. Lee quality jobs and business expansion act for certain taxpayers, and to enhance certain sales and use tax benefits. [see sections 4.2 & 4.4]

S.l. 2006-173 (hb 1248) Amend Identity Theft Protection Act of 2005.
An act amending the identity theft protection act of 2005. [see sections 1 & 10]

S.l. 2006-182 (hb 1847) Electioneering Communications.
An act to strengthen regulation of electioneering communications in north carolina. [see section 5]

S.l. 2006-187 (hb 1848) Omnibus Courts Act.
An act to authorize the collection of offender fines and fees assessed by the general court of justice by credit card, charge card, or debit card; to authorize the use of electronic filing in the trial courts; to authorize the department of justice to provide the judicial department with criminal background checks from the state and national repositories of criminal histories; to establish a permanency mediation program; to amend the law providing for foreign language interpreters in the courts; to authorize the establishment of certain positions within the judicial department; to revise and update the procedures and responsibilities of the judicial standards commission and to authorize six additional members of the commission; and to make technical Corrections and adjustments to provisions affecting the courts. [see sections 3 & 13]

S.l. 2006-195 (hb 1846) 2006 Campaign Finance Changes.
An act to lower the threshold from one hundred dollars to fifty dollars for accepting a political contribution in cash; to prohibit the use of blank payee checks in campaign contributions; to require the reporting of the identity of a contributor who makes a contribution of more than fifty dollars; to specify the time period by which the threshold for identifying an individual contributor's identity is measured; to add a penalty for accepting contributions from certain Non legal sources; to bar prosecution if best efforts are made to ensure that a contribution is from a legal source; and to strengthen political committee treasurer training. [see sections 7-9]

S.l. 2006-199 (sb 1375) Notary Public Corrections.
An act to make technical corrections to the notary public act, as recommended by the general statutes commission, and to make other corrections to session law 2006-59. [see sections 1 & 5]

S.l. 2006-201 (hb 1843) State Government Ethics Act - 1.
An act to establish the state government ethics act; to create the state ethics commission; to establish ethical standards for certain state public officers, state employees, and appointees to non advisory state boards and commissions; to require public disclosure of economic interests by certain persons in the executive, legislative, and judicial branches; to amend the lobbying laws; and to make conforming changes. [see section 25]

S.l. 2006-203 (hb914) State Budget Act.
An act to recodify many of the provisions of the executive budget act and the capital improvement planning act into a state budget act that revises and clarifies the procedures for preparing, enacting, and administering the state budget, to make conforming changes, and to repeal various statutes and session laws. [see section 87]

S.l. 2006-222 (sb 2010) Aircraft Mechanics' Lien/Wine Making.
An act to establish a statutory lien for unpaid labor, skill, or materials on an aircraft and for unpaid storage of an aircraft and to allow the alcoholic beverage control commission to issue permits for 'wine making on premises' businesses. [see part i]

S.l. 2006-239 (sb 2043) Increase Mortgage Lending Fees.
An act to update the mortgage lending act by changing the registration fees for mortgage licensing and renewal and by authorizing the commissioner to participate in a national licensing system and database. [entire act]

S.l. 2006-242 (hb2885) Esc/Employers' Protest Filing Period.
An act relating to the filing period for employers to protest unemployment insurance claims. [entire act]

S.l. 2006-243 (hb2894) Prohibit Various Lending Subterfuges.
An act to clarify the application of the north carolina consumer finance act to various lending subterfuges. [entire act]

S.l. 2006-252 (hb 2170) Bill Fee Changes.
An act to replace the tax credits generally available under the william s. Lee quality jobs and business expansion act with more narrowly focused credits for job creation and business investment. [see sections 2.25 & 2.27]

S.l. 2006-264 (sb 602) Technical Corrections Act-2 - 2005.
An act to make technical corrections and conforming changes to the general statutes as recommended by the general statutes commission, and to make various other changes to the general statutes and session laws. [see section 40(a)]

2005-2006 Legislation 'effective September 1, 2006'

The following public law provisions were enacted during the 2005-2006 session with an effective date of September 1, 2006.

S.l. 2006-160 (hb 2880) No Prayer for Judgment/Bus Stop Arm Violation.
An act to prevent a person who is guilty of passing a stopped school bus from receiving a prayer for judgment continued. [entire act]

S.l. 2006-207 (sb 1295) Junk Faxes.
An act to increase protections for consumers who receive unsolicited facsimiles. [entire act]

S.l. 2006-214 (hb 2164) Amend Sanitary District Authority.
An act to amend the authority of sanitary districts to require connections to water and sewer systems, as recommended by the environmental review commission. [entire act]

S.l. 2006-217 (hb 2147) Use of existing plans for state construction.
An act to require state agencies to use existing plans for state construction projects where feasible. [entire act]

S.l. 2006-250 ( hb 1413) Enhance Local Gov't Adm. of Env. Prgms.
An act to provide additional authority for local governments that administer approved local environmental programs and to provide additional incentives for local governments to request the authority to administer all or a portion of certain environmental programs and to allow local government employees to stand in, on, or near a public street or highway owned, leased, or controlled by the state to solicit charitable contributions so long as the person soliciting is an Employee or agent of the local government and meets certain restrictions and guidelines. [see sections 1-6 & 8]

The Highlands Police Department

310 Oak Street
P.O. Box 460
Highlands, NC 28741

Phone | 828.526.9431
Fax | 828.526.9326