North Carolina 2019-2020 Session Status: To Executive 3 R cosponsors

SB 105 — Clarify Emergency Powers.

Last action — Failed To Override Veto

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

17 added · 18 removed

Plain-language change summary

The amendment to Bill SB 105 clarifies the language regarding the prohibition of certain motor carrier operations within North Carolina. The change involves refining the text to ensure it accurately reflects enforcement capabilities. This matters because clearer language can help prevent misunderstandings and ensure that the law is enforced effectively, ultimately enhancing safety and compliance on the roads.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 105 Transportation Committee Substitute Adopted 3/6/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 105 Short Title:
Senators J.
Jackson, J.
Davis, and Britt (Primary Sponsors).
February 25, 2019 A BILL TO BE ENTITLED AN ACT TO IMPLEMENT REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT (PRISM) PROGRAM.
Rules and Operations of the Senate February 25, 2019 A BILL TO BE ENTITLED AN ACT TO IMPLEMENT REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT (PRISM) PROGRAM.
The Division shall deny registration of a vehicle of a motor carrier if the applicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out-of-service order, or if the applicant's business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder.
The Division shall deny registration of a vehicle of a motor carrier if the applicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant has applied as a subterfuge for the real party in interest who has been issued a Federal out-of-service order, or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder.
The Division shall deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder." SECTION 3.
The Department shall deny registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder." SECTION 3.
(n) The Division shall rescind and cancel the registration of a vehicle of a motor carrier if the applicant fails to disclose material information required, or if the applicant has made a *S105-v-2* General Assembly Of North Carolina Session 2019 materially false statement on the application, or if the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out-of-service order, or if the applicant's business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder.
(n) The Division shall rescind and cancel the registration of a vehicle of a motor carrier if the applicant fails to disclose material information required, or if the applicant has made a *S105-v-1* General Assembly Of North Carolina Session 2019 materially false statement on the application, or if the applicant has applied as a subterfuge for the real party in interest who has been issued a Federal out-of-service order, or if the applicant's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder.
The Division shall rescind and cancel the registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder." SECTION 4.
The Division shall rescind and cancel the registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder." SECTION 4.
§ 386.72(b)(1).when subject to an out-of-service order issued bythe Federal Motor Carrier SafetyAdministration or the Department.
§ 386.72(b)(1).when subject to an out-of-service order issued by the Federal Motor Carrier Safety Administration or the department.
(5) To prohibit the intrastateoperation of a motor carrier subject to an enforce any order issued by the Federal Motor Carrier Safety Administration to cease all operations based on a finding that the continued operations of the motor carrier pose an "imminent hazard" as defined in 49 C.F.R.
(5) To prohibit the intrastate operation of a motor carrier subject to an enforce any order issued by the Federal Motor Carrier Safety Administration to cease all operations based on a finding that the continued operations of the motor carrier pose an "imminent hazard" as defined in 49 C.F.R.
Page 2 Senate Bill 105-Second Edition
Page 2 Senate Bill 105-First Edition
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Action History

  1. Failed To Override Veto

  2. Placed On Cal For 07/08/2020

  3. Vetoed 07/02/2020

  4. Placed on Today's Calendar

  5. Concurred In H Com Sub

  6. Ordered Enrolled

  7. Ratified

  8. Pres. To Gov. 6/26/2020

  9. Passed 3rd Reading

  10. Ordered Engrossed

  11. Special Message Sent To Senate

  12. Special Message Received For Concurrence in H Com Sub

  13. Amend Adopted A1

  14. Passed 2nd Reading

  15. Reptd Fav Com Sub 2

  16. Cal Pursuant Rule 36(b)

  17. Placed On Cal For 06/24/2020

  18. Withdrawn From Com

  19. Re-ref Com On Finance

  20. Reptd Fav Com Substitute

  21. Re-ref Com On Rules, Calendar, and Operations of the House

  22. Reptd Fav

  23. Cal Pursuant Rule 36(b)

  24. Withdrawn From Cal

  25. Re-ref Com On Rules, Calendar, and Operations of the House

  26. Reptd Fav

  27. Re-ref Com On Rules, Calendar, and Operations of the House

  28. Withdrawn From Com

  29. Re-ref to the Com on Transportation, if favorable, Rules, Calendar, and Operations of the House

  30. Passed 1st Reading

  31. Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House

  32. Passed 2nd Reading

  33. Passed 3rd Reading

  34. Special Message Sent To House

  35. Special Message Received From Senate

  36. Reptd Fav

  37. Placed On Cal For 03/12/2019

  38. Reptd Fav Com Substitute

  39. Com Substitute Adopted

  40. Re-ref Com On Rules and Operations of the Senate

  41. Withdrawn From Com

  42. Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate

  43. Passed 1st Reading

  44. Ref To Com On Rules and Operations of the Senate

  45. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 175 not signed on · 10 voted No

Sponsors (2)

Co-sponsors (2)

Not signed on (175)

175 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 11 Veto Override

Failed 26 Yea · 21 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 12001
Unaffiliated 141201
Democratic 0900
Total 262102
% of votes cast 53%43%0%4%
How each member voted (49)
Member Party Vote
Ballard — Yea
Brown — Yea
Bryan — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Steinburg — Yea
Wells — Yea
deViere — Nay
Fitch — Nay
Foushee — Nay
Marcus — Nay
Nickel — Nay
Peterson — Nay
Searcy — Nay
Smith — Nay
VanDuyn — Nay
Woodard — Nay
Perry — Not Voting
D. Davis — Nay
J. Jackson — Nay
Dan Blue Democratic Nay
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Michael Garrett Democratic Nay
Mujtaba A. Mohammed Democratic Nay
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Tracy Clark Democratic Nay
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Not Voting
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Motion 9 To Concur

Passed 26 Yea · 17 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 12001
Unaffiliated 14905
Democratic 0801
Total 261707
% of votes cast 52%34%0%14%
How each member voted (50)
Member Party Vote
Ballard — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Wells — Yea
deViere — Nay
Fitch — Nay
Foushee — Nay
Marcus — Nay
Nickel — Nay
Smith — Nay
Woodard — Nay
Peterson — Not Voting
Searcy — Not Voting
VanDuyn — Not Voting
Bryan — Not Voting
Tillman — Not Voting
D. Davis — Nay
J. Jackson — Nay
Dan Blue Democratic Nay
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Michael Garrett Democratic Nay
Mujtaba A. Mohammed Democratic Not Voting
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Tracy Clark Democratic Nay
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety environment health-insurance technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 105?
SB 105 is sponsored by D. Davis, Danny Earl Britt, Jr. (Republican), Tom McInnis (Republican), and Brent Jackson (Republican).
What is the current status of SB 105?
This bill died with 2019-2020 Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 105?
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