North Carolina 2019-2020 Session Status: Enacted 3 R cosponsors

SB 385 — Clarify/Auto Dealers Regulatory Req.

Last action — Signed by Gov. 7/26/2019

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

This bill has been enacted into law. Introduced March 27, 2019. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 4 sponsors

    0 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 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

10 added · 11 removed

Plain-language change summary

The updated version of the bill SB 385 introduces a provision that allows individuals who have applied for a motor vehicle sales representative license to begin working while their application is still pending. However, they must be supervised by a licensed dealer or representative and confirm they haven't been denied a license in the past or convicted of a felony. This change matters because it enables qualified applicants to start earning income and gaining experience right away, addressing workforce shortages in the automotive sales industry.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 SENATE BILL 385 RATIFIED BILL AN ACT TO CLARIFY MOTOR VEHICLE DEALER REGULATORY REQUIREMENTS.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 SESSION LAW 2019-181 SENATE BILL 385 AN ACT TO CLARIFY MOTOR VEHICLE DEALER REGULATORY REQUIREMENTS.
vehicle *S385-v-4* ownership or titling history;
vehicle *S385-v-5* ownership or titling history;
For purposes of this section, "covered borrower" has the same meaning as provided in Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title of the Code of Federal Regulations and any subsequent amendments thereto." Page 2 Senate Bill 385-Ratified TITLE IN TRANSIT CLARIFICATIONS SECTION 5.(a) G.S.
For purposes of this section, "covered borrower" has the same meaning as provided in Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title of the Code of Federal Regulations and any subsequent amendments thereto." Page 2 Session Law 2019-181 Senate Bill 385 TITLE IN TRANSIT CLARIFICATIONS SECTION 5.(a) G.S.
A dealer principal, owner, or manager of a motor vehicle dealership Senate Bill 385-Ratified Page 3 who is not a signatory of the sworn certification required under this subsection may only be charged for a criminal violation for filing a false certification under this subsection by another dealership employee if the dealer principal, owner, or manager had actual knowledge of the falsityof the sworn certification at the time the sworn certification was submitted to the Division.
A dealer principal, owner, or manager of a motor vehicle dealership Senate Bill 385 Session Law 2019-181 Page 3 who is not a signatory of the sworn certification required under this subsection may only be charged for a criminal violation for filing a false certification under this subsection by another dealership employee if the dealer principal, owner, or manager had actual knowledge of the falsityof the sworn certification at the time the sworn certification was submitted to the Division.
(b) In any case where a dealer fails to deliver the manufacturer's statement of origin or certificate of title to the Division within the 60-day time period allowed in subsection (a) of this section, the vehicle purchaser may elect to receive liquidated damages from the dealer in the amount of five percent (5%) of the vehicle purchase price, not to exceed one thousand dollars Page 4 Senate Bill 385-Ratified ($1,000), provided that the dealer receives written demand for liquidated damages from the purchaser within 10 days after the expiration of the 60-day period provided in subsection (a) of this section.
(b) In any case where a dealer fails to deliver the manufacturer's statement of origin or certificate of title to the Division within the 60-day time period allowed in subsection (a) of this section, the vehicle purchaser may elect to receive liquidated damages from the dealer in the amount of five percent (5%) of the vehicle purchase price, not to exceed one thousand dollars Page 4 Session Law 2019-181 Senate Bill 385 ($1,000), provided that the dealer receives written demand for liquidated damages from the purchaser within 10 days after the expiration of the 60-day period provided in subsection (a) of this section.
For purposes of this subsection, a dealer shall be considered unable to obtain the vehicle's statement of origin or certificate of title if the statement of origin or certificate of title either (i) has not been delivered to the dealer or (ii) was lost or misplaced." EFFECTIVE DATE Senate Bill 385-Ratified Page 5 SECTION 6.
For purposes of this subsection, a dealer shall be considered unable to obtain the vehicle's statement of origin or certificate of title if the statement of origin or certificate of title either (i) has not been delivered to the dealer or (ii) was lost or misplaced." EFFECTIVE DATE Senate Bill 385 Session Law 2019-181 Page 5 SECTION 6.
th In the General Assembly read three times and ratified this the 18 day of July, 2019.
In the General Assembly read three times and ratified this the 18 day of July, 2019.
s/ Carl Ford Presiding Officer of the Senate s/ Tim Moore Speaker of the House of Representatives _____________________________________ Roy Cooper Governor Approved __________.m.
s/ Carl Ford Presiding Officer of the Senate s/ Tim Moore Speaker of the House of Representatives s/ Roy Cooper Governor Approved 12:17 p.m.
this ______________ day of ___________________, 2019 Page 6 Senate Bill 385-Ratified
this 26 day of July, 2019 Page 6 Session Law 2019-181 Senate Bill 385
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Action History

  1. Signed by Gov. 7/26/2019

  2. Ch. SL 2019-181

  3. Pres. To Gov. 7/19/2019

  4. Ratified

  5. Concurred In H Com Sub

  6. Ordered Enrolled

  7. Regular Message Received For Concurrence in H Com Sub

  8. Regular Message Sent To Senate

  9. Passed 2nd Reading

  10. Passed 3rd Reading

  11. Reptd Fav

  12. Cal Pursuant Rule 36(b)

  13. Placed On Cal For 07/11/2019

  14. Reptd Fav Com Substitute

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

  16. Withdrawn From Com

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

  18. Passed 1st Reading

  19. Ref To Com On Rules, Calendar, and Operations of the House

  20. Regular Message Sent To House

  21. Regular Message Received From Senate

  22. Passed 2nd Reading

  23. Passed 3rd Reading

  24. Reptd Fav

  25. Reptd Fav Com Substitute

  26. Com Substitute Adopted

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

  28. Passed 1st Reading

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

  30. Withdrawn From Com

  31. Re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate

  32. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 4 co-sponsors · 175 not signed on

Sponsors (0)

None.

Co-sponsors (4)

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"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 9 To Concur

Passed 38 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Democratic 6002
Unaffiliated 24004
Republican 8003
Total 38009
% of votes cast 81%0%0%19%
How each member voted (47)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Peterson — Not Voting
Searcy — Not Voting
Smith — Not Voting
Bishop — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Not Voting
Gladys A. Robinson Democratic Not Voting
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 Not Voting
Brent Jackson Republican Not Voting
Carl Ford Republican Yea
Danny Earl Britt, Jr. 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
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 23001
Republican 33001
Unaffiliated 55005
U 2000
Total 113007
% of votes cast 94%0%0%6%
How each member voted (120)
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
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
L. Johnson — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Grange — Not Voting
Murphy — Not Voting
Yarborough — Not Voting
Zachary — Not Voting
C. Smith — Yea
K. Smith — Not Voting
R. Smith — Yea
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 Not Voting
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 Yea
Dean Arp Republican Yea
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 Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Not Voting
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 Yea
Kyle Hall Republican Yea
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 Yea
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 →

Subjects

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 SB 385?
SB 385 is sponsored by Danny Earl Britt, Jr. (Republican), Vickie Sawyer (Republican), D. Davis, and Brent Jackson (Republican).
What is the current status of SB 385?
This bill has been enacted into law. Introduced March 27, 2019. Enacted.
Where can I track SB 385?
Track SB 385 free on One Click Politics — get push/email alerts when it moves.

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