North Carolina 2019-2020 Session Status: Enacted 2 R cosponsors

HB 391 — Passenger Protection Act.

Last action — Signed by Gov. 8/9/2019

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

This bill has been enacted into law. Introduced March 19, 2019. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    0 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

24 added · 120 removed

Plain-language change summary

The updated version of Bill HB 391 has added a new header indicating it is from the North Carolina General Assembly, along with a clear date and reference for sponsors. The previous draft's version and referral information have been removed, simplifying the bill's presentation. These changes help in clarifying the bill's current status and make it easier for those reviewing it to find relevant information. This matters because clearer presentations can improve understanding and engagement with the legislative process.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 391 Committee Substitute Favorable 6/4/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 391 Short Title:
Passenger Protection Act.
Sale of Salvage Vehicle/No Inspection.
Representative Bell.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 20, 2019 A BILL TO BE ENTITLED AN ACT TO AMEND SAFETY REQUIREMENTS FOR TRANSPORTATION NETWORK COMPANIES;
Transportation, if favorable, Rules, Calendar, and Operations of the House March 20, 2019 A BILL TO BE ENTITLED AN ACT TO AMEND THE INSPECTION REQUIREMENTS FOR USED VEHICLES SOLD BY DEALERS ON A SALVAGE CERTIFICATE OF TITLE.
CREATE A CRIMINAL OFFENSE FOR IMPERSONATING A TRANSPORTATION NETWORK COMPANY DRIVER;
ESTABLISH THE COMMISSIONTOSTUDY TRANSPORTATIONNETWORKCOMPANYPASSENGER SAFETY;
AND CREATE A STUDENT AWARENESS CAMPAIGN RELATING TO TRANSPORTATION NETWORK COMPANIES.
This act shall be known as the "Passenger Protection Act" and may be cited by that name.
G.S.
SECTION 2.(a) G.S.
20-183.4C(a) reads as rewritten:
20-280.5 reads as rewritten:
"(a) Inspection.
"§ 20-280.5.
– A vehicle that is subject to a safety inspection, an emissions inspection, or both must be inspected as follows:
Safety requirements.
… (2) A Except as otherwise provided in this subdivision, a used vehicle must be inspected before it is offered for sale at retail in this State by a dealer.
(a) The transportation network company must require TNC drivers have their vehicles inspected annually to meet State safety requirements.
Upon purchase, a receipt approved by the Division must be provided to the new owner certifying compliance.
The Division may, by regulation, specify alternative inspections that are acceptable as equivalent inspections, such as an inspection performed in another state.
A dealer may sell, without inspection, a used vehicle issued a salvage certificate of title in accordance with the provisions of this Chapter if (i) no repairs have been made to the vehicle after issuance of the salvage certificate of title and (ii) the dealer discloses in writing on a form approved by the Division that no inspection has been performed.
This subsection does not apply to brokering transportation network companies.
…." SECTION 2.
(b) The transportation network company's online-enabled application or platform must provide the following information to customers after a ride request is accepted by a TNC driver:
This act is effective when it becomes law and applies to used vehicles sold on or after that date.
(1) Photograph of the TNC driver.
*H391-v-1*
(2) License plate number of the TNC driver's vehicle.
(3) Description of the TNC driver's vehicle.
(4) Approximate location of the TNC driver's vehicle displayed on a map.
(c) The transportation network company must maintain the following records:
(1) The record of each TNC service provided in this State for one year from the date the TNC service occurred.
(2) The record of each TNC driver driver, which includes a driver's name and current address, in this State for one year from the date the TNC driver terminated their relationship with the transportation network company.
(d) The transportation network companymust require a TNC driver to displaythe license plate number of the TNC driver's vehicle in a location that is visible from the front of the vehicle at the time a TNC service begins and at all times during a TNC service.
The vehicle's license plate number displayed pursuant to this subsection must be printed in a legible font no smaller than the font of the license plate on the vehicle but is not required to be permanently mounted on the vehicle.
*H391-v-2* General Assembly Of North Carolina Session 2019 (e) The transportation network company must require a TNC driver to display consistent and distinctive signage or emblems, known as a trade dress, trademark, branding, or logo of the TNC, on the TNC driver's vehicle at all times when the TNC driver is active on the TNC digital platform or when providing any TNC service.
The TNC signage or emblems required by this subsection may be magnetic or removable in nature, must be approved by the Division before use, and meet all of the following requirements:
(1) Be readable during daylight hours at a distance of 50 feet.
(2) Include an illuminated, TNC-provided sign displaying the TNC's proprietary trademark or logo that is clearly visible so as to be seen in darkness." SECTION 2.(b) G.S.
20-280.5(e), as enacted bythis section, becomes effective July 1, 2020.
The remainder of this section becomes effective October 1, 2019.
SECTION 2.5.(a) G.S.
20-280.6(c) reads as rewritten:
"(c) The transportation network company must not permit an individual to act as a TNC driver if any of the following apply:
… (7) Is not at least 19 21 years of age." SECTION 2.5.(b) This section becomes effective October 1, 2019.
SECTION 3.(a) Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-276.2.
Impersonation of a transportation network company driver.
It shall be unlawful for any person to impersonate a transportation network company (TNC) driver, as defined in G.S.
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20-280.1, by a false statement, false display of distinctive signage or emblems known as a trade dress, trademark, branding, or logo of the TNC, or anyother act which falselyrepresents that theperson has acurrent connection with atransportation networkcompany or falsely represents that the person is responding to a passenger ride request for a transportation network company.
A violation of this section is a Class H felony if the person impersonates a TNC driver during the commission of a separate felony offense.
Any other violation of this section is a Class 2 misdemeanor." SECTION 3.(b) This section becomes effective December 1, 2019, and applies to offenses committed on or after that date.
SECTION 4.(a) There is established a Commission to Study Transportation Network Company Passenger Safety.
SECTION 4.(b) The Commission shall be composed of 11 members as follows:
(1) Five members appointed by the President Pro Tempore of the Senate to include at least one member of the Senate, at least one representative of business and industry in the private sector familiar with transportation network companies, and at least one representative of law enforcement.
(2) Five members appointed by the Speaker of the House of Representatives to include at least one member of the House of Representatives, at least one representative of business and industry in the private sector familiar with transportation network companies, and at least one representative of law enforcement.
(3) The Secretary of Transportation or the Secretary's designee.
SECTION 4.(c) The Commission shall study issues relating to transportation network companies and their operation within the State.
The Commission shall consider issues such as publicsafety, enforcement oflaws relatingto transportation networkcompanies andTNC drivers, the necessity for a statutory requirement that a TNC report driver status and driver information to the Division of Motor Vehicles of the North Carolina Department of Transportation, and any other issue the Commission deems relevant.
SECTION 4.(d) Cochairs of the Commission shall be designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from among their Page 2 House Bill 391-Second Edition General Assembly Of North Carolina Session 2019 respective appointees.
The Commission shall meet upon the call of the cochairs.
A quorum of the Commission shall be six members.
Any vacancy on the Commission shall be filled by the appointing authority.
SECTION 4.(e) Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S.
120-3.1, 138-5, or 138-6, as appropriate.
The Commission may meet in the Legislative Building or the Legislative Office Building.
With approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional staff to assist the Commission in its work.
The House of Representatives' and the Senate's Directors of Legislative Assistants shall assign clerical staff to the Commission.
All State departments, agencies, local governments, and their subdivisions shall furnish the Commission with any information in their possession or available to them upon request.
SECTION 4.(f) The Commission shall make an interim report of its findings, recommendations, and legislative recommendations to the 2020 Session of the 2019 General Assembly and shall make a final report of its findings and recommendations to the 2021 General Assembly.
The Commission shall terminate upon the filing of its final report.
SECTION 5.(a) There is appropriated from the General Fund to the Board of Governors of The University of North Carolina the sum of one hundred thousand dollars ($100,000) in nonrecurring funds for the 2020-2021 fiscal year to develop and implement an awareness campaign to educate students at constituent institutions on what information a TNC must provide to help customers identify TNC drivers, pursuant to Article 10A of Chapter 20 of the General Statutes and additional identification requirements as enacted by Section 2 of this act.
SECTION 5.(b) This section becomes effective July 1, 2020.
SECTION 6.
Except as otherwise provided, this act is effective when it becomes law.
House Bill 391-Second Edition Page 3
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Action History

  1. Signed by Gov. 8/9/2019

  2. Ch. SL 2019-194

  3. Pres. To Gov. 8/2/2019

  4. Ratified

  5. Concurred In S Com Sub

  6. Ordered Enrolled

  7. Placed On Cal For 07/30/2019

  8. Withdrawn From Cal

  9. Cal Pursuant Rule 36(b)

  10. Special Message Sent To House

  11. Special Message Received For Concurrence in S Com Sub

  12. Cal Pursuant 36(b)

  13. Placed On Cal For 07/24/2019

  14. Amend Adopted A1

  15. Passed 2nd Reading

  16. Passed 3rd Reading

  17. Engrossed

  18. Reptd Fav

  19. Placed On Cal For 07/22/2019

  20. Reptd Fav Com Substitute

  21. Com Substitute Adopted

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

  23. Reptd Fav Com Substitute

  24. Com Substitute Adopted

  25. Re-ref Com On Transportation

  26. Withdrawn From Com

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

  28. Passed 2nd Reading

  29. Passed 3rd Reading

  30. Special Message Sent To Senate

  31. Special Message Received From House

  32. Passed 1st Reading

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

  34. Reptd Fav Com Sub 2

  35. Cal Pursuant Rule 36(b)

  36. Placed On Cal For 06/27/2019

  37. Withdrawn From Com

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

  39. Reptd Fav Com Substitute

  40. Serial Referral To Rules, Calendar, and Operations of the House Stricken

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

  42. Passed 1st Reading

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

  44. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 5 co-sponsors · 174 not signed on

Sponsors (0)

None.

Co-sponsors (5)

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"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

M11 Concur

Passed 100 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Democratic 24000
Republican 28006
Unaffiliated 460013
U 2000
Total 1000019
% of votes cast 84%0%0%16%
How each member voted (119)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Hurley — Yea
L. Johnson — Yea
Lewis — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Presnell — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Yarborough — Yea
Boles — Not Voting
Moore — Not Voting
Zachary — Not Voting
Graham — Not Voting
Montgomery — Not Voting
Queen — Not Voting
Wray — Not Voting
Horn — Not Voting
McElraft — Not Voting
Rogers — Not Voting
Szoka — Not Voting
C. Smith — Yea
K. Smith — Not Voting
R. Smith — Not Voting
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Not Voting
Dean Arp Republican Not Voting
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Not Voting
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Not Voting
Kyle Hall Republican Not Voting
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Not Voting
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Second Reading

Passed 45 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 26003
Republican 11002
Total 45005
% of votes cast 90%0%0%10%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Bishop — Not Voting
Harrington — Not Voting
Wells — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Not Voting
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 transportation
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 HB 391?
HB 391 is sponsored by Hanig, Larry C. Strickland (Republican), Wray, Yarborough, and John R. Bell, IV (Republican).
What is the current status of HB 391?
This bill has been enacted into law. Introduced March 19, 2019. Enacted.
Where can I track HB 391?
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