HB 359 — Driver Eligibility Certificates Waiver and Restore.
Last action — Regular Message Sent To Senate
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021-2022 Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
21 added · 47 removedPlain-language change summary
The latest version of House Bill 359 has undergone some key changes, which include updating the list of sponsors and the referral process. It now has additional sponsors listed, showing broader support for the bill, and it specifies the order in which committees will review it. These changes are important because they both demonstrate increased backing for the legislation and clarify how it will move through the legislative process, potentially speeding up its progress.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 359 Committee Substitute Favorable 4/28/21 Short Title:
Driver Eligibility Cert.Certificate/License/Waiver.
Waiver & Restore.
Representatives Winslow, Moffitt, Torbett, and Elmore (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
State Government, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House March 24, 2021 A BILL TO BE ENTITLED AN ACT TOREQUIRING TEMPORARILYTHE WAIVEDIVISION REQUIREMENTSOF THATMOTOR RELATEVEHICLES, TOFOR DRIVINGTHE ELIGIBILITY2020-2021 CERTIFICATES AND 2021-2022 SCHOOL YEARS, TO RESTOREWAIVE CERTAINTHE PERMITSREQUIREMENT ANDTHAT AN APPLICANT FOR A LIMITED LEARNER'S PERMIT OR PROVISIONAL LICENSESLICENSE REVOKEDMUST DUEHAVE TOA DRIVING ELIGIBILITY CERTIFICATE INELIGIBILITY.OR A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT.
SECTION 1.(a)1. New Applicant Waiver.
– Notwithstanding the provisions of G.S.
20-11(b),20-11, (d),for (f),the (h),2020-2021 and (n),2021-2022 school years, the Division of Motor Vehicles shall waive the requirement that an applicant for a limited learner's permit or provisional license must have a driving eligibility certificate or a high school diploma or its equivalent toif obtain the limitedapplicant learner'smeets permitall orother provisionalrequirements licensefor if the applicantlimited meetslearner's allpermit otheror requirements.provisional license.
SECTION 1.(b)2. This section is effective when it becomes law and applies to applications for limited learner's permits and provisional licenses submitted on or after that date.
SubsectionThe (a)requirements of thisG.S. section expires on the last day of the 2021-2022 school year.
SECTION115C-12(28), 1.(c)115C-218.70, A115C-288(k), person115C-566, holdingand a115D-5(a3) limitedare learner'swaived permit or provisional license obtained with a waiver under subsection (a) of this section on the date subsection (a) of this section expires is not required to have a driving eligibility certificate for the permit2020-2021 orand license2021-2022 toschool remainyears. valid until its expiration or until the person applies for the next applicable level of provisional license.
SECTION 2.(a)3. Performance Revocation Waiver.
–This Notwithstandingact theis provisionseffective ofwhen G.S.it becomes law.
20-13.2(c1),*H359-v-1* the Division of Motor Vehicles shall not revoke the permit or provisional license of a person upon receipt of notification from the proper school authority that the person no longer meets the requirements for a driving eligibility certificate under G.S.
20-11(n)(1).
SECTION 2.(b) This section is effective when it becomes law and expires on the last day of the 2021-2022 school year.
SECTION 3.(a) Past Performance Revocation Restoration.
– The Division of Motor Vehicles shall restore the permit or license of any person whose permit or license was revoked by the Division under G.S.
20-13.2(c1) due to ineligibility for a driving eligibility certificate under G.S.
20-11(n)(1).
For restorations granted under this section, the Division shall not charge a restoration fee and the Division must expunge any record of revocation from the person's driving record.
SECTION 3.(b) This section is effective when it becomes law and applies to revocations resulting from notifications of ineligibility received by the Division dated on or after the first day of the 2020-2021 school year through the effective date of this section.
SECTION 4.
School Notification Modifications.– Notwithstanding G.S.
115C-12(28), 115C-218.70, 115C-288(k), 115C-566, and 115D-5(a3), the requirement that a proper school authority provide notifications to the Division of Motor Vehicles that a person *H359-v-2* General Assembly Of North Carolina Session 2021 nolongermeetstheeligibilityrequirementsorconditionsforadrivingeligibilitycertificateunder G.S.
20-11(n)(1) is waived for the 2020-2021 and 2021-2022 school years.
SECTION 5.
Except as otherwise provided, this act is effective when it becomes law.
Page 2 House Bill 359-Second Edition
Action History
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Regular Message Sent To Senate
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Regular Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Reptd Fav Com Sub 2
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Re-ref Com On Rules, Calendar, and Operations of the House
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Added to Calendar
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Passed 2nd Reading
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Passed 3rd Reading
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Reptd Fav Com Substitute
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Re-ref Com On Transportation
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Passed 1st Reading
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Ref to the Com on State Government, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Matthew Winslow · Primary
- Timothy D. Moffitt · Primary
- John A. Torbett · Primary
- Elmore · Cosponsor
- Dean Arp · Cosponsor
- Deb Butler · Cosponsor
- Carter · Cosponsor
- Cleveland · Cosponsor
- Faircloth · Cosponsor
- Karl E. Gillespie · Cosponsor
- Hanig · Cosponsor
- Pricey Harrison · Cosponsor
- Keith Kidwell · Cosponsor
- Charles W. Miller · Cosponsor
- Ray Pickett · Cosponsor
- Mark Pless · Cosponsor
- Dennis Riddell · Cosponsor
- Sasser · Cosponsor
- Phil Shepard · Cosponsor
- Szoka · Cosponsor
- Harry Warren · Cosponsor
- Diane Wheatley · Cosponsor
- Shelly Willingham · Cosponsor
- Wray · Cosponsor
- Sarah Stevens · Cosponsor
- Jr. Ben T. Moss · Cosponsor
- Jake Johnson · Cosponsor
- Eric Ager · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 25 co-sponsors · 151 not signed on · 1 voted No
Sponsors (3)
- Matthew Winslow Republican
- Timothy D. Moffitt Republican
- John A. Torbett Republican
Co-sponsors (25)
- Elmore
- Dean Arp Republican
- Deb Butler Democratic
- Carter
- Cleveland
- Faircloth
- Karl E. Gillespie Republican
- Hanig
- Pricey Harrison Democratic
- Keith Kidwell Republican
- Charles W. Miller Republican
- Ray Pickett Republican
- Mark Pless Republican
- Dennis Riddell Republican
- Sasser
- Phil Shepard Republican
- Szoka
- Harry Warren Republican
- Diane Wheatley Republican
- Shelly Willingham Democratic
- Wray
- Sarah Stevens Republican
- Ben T. Moss, Jr. Republican
- Jake Johnson Republican
- Eric Ager Democratic
Not signed on (151)
151 members have not signed on to this bill.
Show all 151 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 24 | 1 | 0 | 2 |
| Unaffiliated | 42 | 0 | 0 | 3 |
| U | 1 | 0 | 0 | 1 |
| Republican | 44 | 0 | 0 | 2 |
| Total | 111 | 1 | 0 | 8 |
| % of votes cast | 93% | 1% | 0% | 7% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Autry | — | Yea |
| Clemmons | — | Yea |
| Cooper-Suggs | — | Yea |
| Farkas | — | Yea |
| Fisher | — | Yea |
| Gailliard | — | Yea |
| Garrison | — | Yea |
| Gill | — | Yea |
| Graham | — | Yea |
| Harris | — | Yea |
| Hunt | — | Yea |
| Hunter | — | Yea |
| Hurtado | — | Yea |
| Insko | — | Yea |
| Lucas | — | Yea |
| Martin | — | Yea |
| Terry | — | Yea |
| vonHaefen | — | Yea |
| Wray | — | Yea |
| Boles | — | Yea |
| Bradford | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Davis | — | Yea |
| Elmore | — | Yea |
| Hardister | — | Yea |
| Hurley | — | Yea |
| Johnson | — | Yea |
| McElraft | — | Yea |
| McNeill | — | Yea |
| Mills | — | Yea |
| Moore | — | Yea |
| Rogers | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Richardson | — | Not Voting |
| Faircloth | — | Not Voting |
| Zachary | — | Not Voting |
| C. Smith | — | Yea |
| K. Baker | — | Yea |
| K. Smith | — | Yea |
| R. Smith | — | Yea |
| Abe Jones | Democratic | Yea |
| Allison A. Dahle | Democratic | Yea |
| Amber M. Baker | Democratic | Yea |
| Amos L. Quick, III | Democratic | Yea |
| Becky Carney | Democratic | Not Voting |
| 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 |
| James Roberson | Democratic | Nay |
| 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 |
| Terence Everitt | Democratic | Yea |
| Terry M. Brown Jr. | Democratic | Yea |
| Vernetta Alston | Democratic | Yea |
| Zack Hawkins | Democratic | Yea |
| Ben T. Moss, Jr. | Republican | Yea |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Charles W. Miller | Republican | Yea |
| Chris Humphrey | Republican | Not Voting |
| David Willis | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Diane Wheatley | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Dudley Greene | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Erin Paré | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Howard Penny, Jr. | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeff Zenger | 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 |
| Karl E. Gillespie | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mark Pless | Republican | Yea |
| Matthew Winslow | Republican | Yea |
| Mike Clampitt | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Ray Pickett | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Steve Tyson | Republican | Yea |
| Timothy D. Moffitt | Republican | Yea |
| W. Ted Alexander | Republican | Not Voting |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Not Voting |
| Nasif Majeed | U | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 359?
- HB 359 is sponsored by Matthew Winslow (Republican), Timothy D. Moffitt (Republican), John A. Torbett (Republican), Elmore, Dean Arp (Republican), Deb Butler (Democratic), Carter, Cleveland, Faircloth, Karl E. Gillespie (Republican), Hanig, Pricey Harrison (Democratic), Keith Kidwell (Republican), Charles W. Miller (Republican), Ray Pickett (Republican), Mark Pless (Republican), Dennis Riddell (Republican), Sasser, Phil Shepard (Republican), Szoka, Harry Warren (Republican), Diane Wheatley (Republican), Shelly Willingham (Democratic), Wray, Sarah Stevens (Republican), Ben T. Moss, Jr. (Republican), Jake Johnson (Republican), and Eric Ager (Democratic).
- What is the current status of HB 359?
- This bill died with 2021-2022 Session. It reached “Passed House” 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 HB 359?
- Track HB 359 free on One Click Politics — get push/email alerts when it moves.
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