North Carolina 2021-2022 Session Status: Passed Senate Bipartisan · 2 R · 1 D cosponsors

SB 490 — License to Work.

Last action — Withdrawn From Cal

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

This bill died with 2021-2022 Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

130 added · 219 removed

Plain-language change summary

The latest amendment to Senate Bill 490 changes the restoration fee for limited driving eligibility from $65 to $130. This increase in the fee could have significant implications for individuals seeking to regain their driving privileges, as it doubles the financial burden on them. The amendment aims to align restoration fees with the costs associated with the processing of these applications, ensuring that resources are available for the program's administration.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 2 SENATE BILL 490 Judiciary Committee Substitute Adopted 5/6/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 S 1 SENATE BILL 490 Short Title:
Senators Hise, Britt, and Mohammed (Primary Sponsors).
April 5, 2021 A BILL TO BE ENTITLED AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS TO EMPLOYMENT.
Rules and Operations of the Senate April 5, 2021 A BILL TO BE ENTITLED AN ACT TO REVISE CERTAIN LICENSE REVOCATION LAWS TO ENABLE ACCESS TO EMPLOYMENT.
(a) The Division must revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and he:the person did one of the following:
(a) The Division must revoke the driver's license of a person upon receipt of notice from a court that the person was charged with a motor vehicle offense and he:the person:
Revocation ordersentered underthe authorityofthis sectionare effectiveon thesixtieth dayafter the order is mailed or personally delivered to the person.
Revocation orders entered under the authority of this section are effective on the sixtieth day after the order is mailed or personally delivered to the person.
(b) A Except as provided in subsection (g) of this section, a license revoked under this section remains revoked until the person whose license has been revoked:one of the following occurs:
(b) A Except as otherwise provided in subsection (g) of this section, a license revoked under this section remains revoked until the person whose license has been revoked:one of the following occurs:
(5) The court orders any outstanding penalty, fine, or costs be made a civil judgment pursuant to subsection (h) of this section.
(c) of this section.
*S490-v-2* General Assembly Of North Carolina Session 2021 (b1) A defendant must be afforded an opportunity for a trial or a hearing within a reasonable time of the defendant's appearance.
(b1) A defendant must be afforded an opportunity for a trial or a hearing within a reasonable time of the defendant's appearance.
(c) If the person satisfies the conditions of subsection (b) of this section, that are applicable to his the person's case before the effective date of the revocation order, the revocation order and any entries on his the person's driving record relating to it shall be deleted and the person does not have to pay the restoration fee set by G.S.
*S490-v-1* General Assembly Of North Carolina Session 2021 (c) If the person satisfies the conditions of subsection (b) that are applicable to his the person's case before the effective date of the revocation order, the revocation order and any entries on his the person's driving record relating to it shall be deleted and the person does not have to pay the restoration fee set by G.S.
For Except as otherwise provided in subsection (g) of this section, for all other revocation orders issued pursuant to this section, G.S.
For Except as otherwise provided in subsection (g) of this section, all other revocation orders issued pursuant to this section, G.S.
(d) Tofacilitatethepromptreturnoflicensesandto preventunjustified charges ofdriving while license revoked, the clerk of court, upon request, must give the person a copy of the notice it sends to the Division to indicate that the person has complied with the conditions of subsection (b) (b) of this section, applicable to his case.
(d) Tofacilitatethepromptreturnoflicensesandto preventunjustified charges ofdriving while license revoked, the clerk of court, upon request, must give the person a copy of the notice it sends to the Division to indicate that the person has complied with the conditions of subsection (b) applicable to his case.
If the person complies with the condition before the effective date of the revocation, the notice must indicate that the person is eligible to drive if he the person is otherwise validly licensed.
If the person complies with the condition before the effective date of the revocation, the notice must indicate that the person is eligible to drive if he is otherwise validly licensed.
(g) Except for a revocation order entered under this section resulting from a charge of impaired driving, the Division shall lift a revocation for failure to appear pursuant to subdivision (1) of subsection (a) of this section 12 months after the effective date of revocation if the person furnishes proof to the satisfaction of the Division that the person is maintaining financial responsibility as provided in G.S.
(g) Except for a revocation order entered under this section resulting from a charge of impaired driving, the Division shall restore a license revoked pursuant to subsection (a) of this section 12 months after the effective date of revocation if the person furnishes proof to the satisfaction of the Division that the person is insured under a motor vehicle liability insurance policy that meets the minimum requirements of G.S.
20-279.21.
20-279.21 and is written for a term of no less than 12 months." SECTION 1.(b) G.S.
Any person whose drivers license was unencumbered pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility is guilty of failure to maintain financial responsibility pursuant to G.S.
20-313 and driving while license revoked pursuant to G.S.
20-28(a4).
(h) A person may petition the court to order any penalty, fine, or costs which have resulted in a revocation pursuant to subdivision (2) of subsection (a) of this section for at least 12 months from the revocation's effective date and are not related to a conviction for an offense involving impaired driving be made a civil judgment.
The court shall grant the petition if the person can show that the person has had no conviction for any traffic offense in the 12 months prior to the petition." SECTION 1.(b) G.S.
The sixty five dollar ($65.00) fee, and the first one hundred five dollars ($105.00) of the one hundred thirty dollar ($130.00) fee, shall be Page 2 Senate Bill 490-Second Edition General Assembly Of North Carolina Session 2021 deposited in the Highway Fund.
The sixty five dollar ($65.00) fee, and the first one hundred five dollars ($105.00) of the one hundred thirty dollar ($130.00) fee, shall be deposited in the Highway Fund.
The Office of State Budget and Management shall annually report to the General Assembly the amount of fees deposited in the General Fund and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services under this subsection." SECTION 1.(c) This section becomes effective December 1, 2021, and applies to revocations and suspensions before, on, or after that date.
The Office of State Budget and Management shall annually report to the General Assembly the amount of fees deposited in the General Fund and transferred to the Forensic Tests for Alcohol Page 2 Senate Bill 490-First Edition General Assembly Of North Carolina Session 2021 Branch of the Chronic Disease and Injury Section of the Department of Health and Human Services under this subsection." 4 REVISE REVOCATION FOR MOVING OFFENSE COMMITTED WHILE LICENSE SUSPENDED OR REVOKED SECTION 2.(a) G.S.
REVISE REVOCATION FOR MOVING OFFENSE COMMITTED WHILE LICENSE SUSPENDED OR REVOKED SECTION 2.(a) G.S.
subsection (b) of this section.
subsection (b).
A violation of G.S.
20-313 is considered a "motor vehicle moving offense" for the purposes of this section.
The Division may impose any restrictions or conditions on the new license that the Division considers appropriate Senate Bill 490-Second Edition Page 3 General Assembly Of North Carolina Session 2021 forthebalanceoftherevocationperiod.Whentherevocationperiodispermanent,therestrictions and conditions imposed by the Division may not exceed three years.
The Division may impose any restrictions or conditions on the new license that the Division considers appropriate forthebalanceoftherevocationperiod.Whentherevocationperiodispermanent,therestrictions and conditions imposed by the Division may not exceed three years.
A person that applies for a license under this subsection must furnish proof to the satisfaction of the Division that the person is maintaining financial responsibility as required by G.S.
A person that applies for a license under this subsection must furnish proof to the satisfaction of the Division that the person is insured under a motor vehicle liability insurance policy that meets the minimum requirements of G.S.
20-279.21.
20-279.21 and is written for a term of no less than 12 months.
Any person whose drivers license was issued pursuant to this subsection who drives any motor vehicle on the highways of the State without maintaining financial responsibility in violation of G.S.
…." SECTION 2.(b) This section becomes effective December 1, 2021, and applies to offenses committed on or after that date.
20-313 is guilty of failure to maintain financial responsibility pursuant to G.S.
EFFECTIVE DATE SECTION 3.
20-313 and driving while license revoked pursuant to G.S.
20-28(a4).
…." SECTION 2.(b) This section becomes effective December 1, 2021, and applies to convictions entered before, on, or after that date.
SECTION 3.(a) G.S.
20-28 reads as rewritten:
"§ 20-28.
Unlawful to drive while license revoked, after notification, or while disqualified.
(a) Driving While License Revoked.
– Except as provided in subsections (a1) or (a2) of this section, any person whose drivers license has been revoked who drives any motor vehicle upon the highways of the State while the license is revoked is guilty of a Class 3 misdemeanor.
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(a1) Driving While License Revoked for Impaired Driving.
– Any person whose drivers license has been revoked for an impaired driving revocation as defined in G.S.
20-28.2(a) and who drives anymotor vehicle upon the highways of the State is guilty of a Class 1 misdemeanor.
Upon conviction, the person's license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
If the person's license was originally revoked for an impaired driving revocation, the court may order as a condition of probation that the offender abstain from alcohol consumption and verify compliance by use of a continuous alcohol monitoring system, of a type approved by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety, for a minimum period of 90 days.
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibilityas provided by law shall be punished as for driving without a license.
(a2) Driving Without Reclaiming License.
– A person convicted under subsection (a) or (a1) of this section shall be punished as if the person had been convicted of driving without a license under G.S.
20-35 if the person demonstrates to the court that either of the following is true:
(1) At the time of the offense, the person's license was revoked solely under G.S.
20-16.5 and one of the following applies:
a.
The offense occurred more than 45 days after the effective date of a revocation order issued under G.S.
20-16.5(f) and the period of revocation was 45 days as provided under subdivision (3) of that subsection;
or b.
The offense occurred more than 30 days after the effective date of the revocation order issued under any other provision of G.S.
20-16.5.
(2) At the time of the offense the person had met the requirements of G.S.
50-13.12, or G.S.
110-142.2 and was eligible for reinstatement of the person's drivers license privilege as provided therein.
In addition, a person punished under this subsection shall be treated for drivers license and insurance rating purposes as if the person had been convicted of driving without a license under G.S.
20-35, and the conviction report sent to the Division must indicate that the person is to be so treated.
(a3) Driving After Notification or Failure to Appear.
– A person shall be guilty of a Class 1 misdemeanor if:
Page 4 Senate Bill 490-Second Edition General Assembly Of North Carolina Session 2021 (1) The person operates a motor vehicle upon a highway while that person's license is revoked for an impaired drivers license revocation after the Division has sent notification in accordance with G.S.
20-48;
or (2) The person fails to appear for two years from the date of the charge after being charged with an implied-consent offense.
Upon conviction, the person's drivers license shall be revoked for an additional period of one year for the first offense, two years for the second offense, and permanently for a third or subsequent offense.
The restoree of a revoked drivers license who operates a motor vehicle upon the highways of the State without maintaining financial responsibility as provided by law shall be punished as for driving without a license.
(a4) DrivingAfter Restoration Without Insurance.
– Inaddition to thepenaltyfor violating G.S.
20-313, a person shall be guilty of a Class 1 misdemeanor if the person operates a motor vehicle upon a highway without maintaining financial responsibility as provided by law after the Division has restored the license pursuant to G.S.
20-24.1(h).
…." SECTION 3.(b) The Division of Motor Vehicles shall adopt rules to implement this section and provide a designation for the new offense of Driving After Restoration Without Insurance in the digital platform used by law enforcement.
SECTION 3.(c) Subsection (a) of this section becomes effective December 1, 2021, and applies to offenses committed on or after that date.
The remainder of this section is effective when this act becomes law.
SECTION 4.(a) Section 7 of S.L.
2015-186, as amended by Section 86 of S.L.
2015-264, reads as rewritten:
"SECTION 7.
This act becomes effective December 1, 2015, and applies to offenses committed on on, before, or after that date.
Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, date, and the statutes that would be applicable but for this act remain applicable to those prosecutions." SECTION 4.(b) This section is effective when it becomes law.
EFFECTIVE DATE SECTION 5.
Senate Bill 490-Second Edition Page 5
Senate Bill 490-First Edition Page 3
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Action History

  1. Withdrawn From Cal

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

  3. Reptd Fav Com Substitute

  4. Cal Pursuant Rule 36(b)

  5. Placed On Cal For 08/24/2021

  6. Serial Referral To Transportation Stricken

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

  8. Withdrawn From Com

  9. Re-ref to the Com on Judiciary 2, if favorable, Transportation, if favorable, Rules, Calendar, and Operations of the House

  10. Passed 1st Reading

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

  12. Regular Message Sent To House

  13. Regular Message Received From Senate

  14. Amend Adopted A1

  15. Passed 2nd Reading

  16. Passed 3rd Reading

  17. Engrossed

  18. Reptd Fav

  19. Withdrawn From Com

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

  21. Reptd Fav Com Substitute

  22. Com Substitute Adopted

  23. Re-ref Com On Commerce and Insurance

  24. Withdrawn From Com

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

  26. Passed 1st Reading

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

  28. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 175 not signed on

Sponsors (2)

Co-sponsors (2)

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

Amendment 1

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 17001
Republican 19000
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
Bazemore — Yea
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
Nickel — Yea
Woodard — Yea
Ballard — Yea
Edwards — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
Steinburg — Yea
D. Davis — Not Voting
J. Jackson — Yea
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Yea
Sydney Batch Democratic Yea
Tracy Clark Democratic Yea
Amy S. Galey Republican Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis 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 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 17001
Republican 19000
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
Bazemore — Yea
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
Nickel — Yea
Woodard — Yea
Ballard — Yea
Edwards — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
Steinburg — Yea
D. Davis — Not Voting
J. Jackson — Yea
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sarah Crawford Democratic Yea
Sydney Batch Democratic Yea
Tracy Clark Democratic Yea
Amy S. Galey Republican Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

labor transportation
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Frequently asked questions

Who sponsors SB 490?
SB 490 is sponsored by Ralph Hise (Republican), Danny Earl Britt, Jr. (Republican), Mujtaba A. Mohammed (Democratic), and deViere.
What is the current status of SB 490?
This bill died with 2021-2022 Session. It reached “Passed Senate” 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 490?
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