North Carolina 2021-2022 Session Status: In Committee Bipartisan · 11 D · 2 I cosponsors

HB 1038 — Highway Safety Omnibus/Additional Magistrates.

Last action — Passed 1st Reading

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

This bill died with 2021-2022 Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

17 added · 16 removed

Plain-language change summary

The recent amendment to Bill HB 1038 increases the penalty for willfully violating a specific subsection from $1,250 to $2,250. This change is significant because it raises the financial consequence for such violations, potentially deterring individuals from engaging in harmful behavior. The updated penalty reflects a stronger stance against these violations and underscores the importance of accountability in this area.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 1038 Short Title:
1038 May 24, 2022 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10584-NDfa-160 Short Title:
Representative Logan.
Representatives Logan, Brown, Carney, and Hunt (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO INCREASE STATE TROOPERS IN MECKLENBURG COUNTY, TO INCREASE MAGISTRATES IN MECKLENBURG COUNTY, TO REVISE CERTAIN PENALTIES FOR FAILURE TO STOP FOR A SCHOOL BUS AND TO AUTHORIZE THE USE OF VEHICLE REGISTRATION AS PRIMA FACIE EVIDENCE OF RESPONSIBILITY, AND TO APPROPRIATE FUNDS.
Appropriations, if favorable, Rules, Calendar, and Operations of the House May 26, 2022 A BILL TO BE ENTITLED AN ACT TO INCREASE STATE TROOPERS IN MECKLENBURG COUNTY, TO INCREASE MAGISTRATES IN MECKLENBURG COUNTY, TO REVISE CERTAIN PENALTIES FOR FAILURE TO STOP FOR A SCHOOL BUS AND TO AUTHORIZE THE USE OF VEHICLE REGISTRATION AS PRIMA FACIE EVIDENCE OF RESPONSIBILITY, AND TO APPROPRIATE FUNDS.
*DRH10584-NDfa-160* General Assembly Of North Carolina Session 2021 INCREASE OF FINES FOR FAILURE TO STOP FOR A SCHOOL BUS AND EXPANSION OF WHAT CONSTITUTES PRIMA FACIE EVIDENCE IN THOSE CASES SECTION 3.(a) G.S.
*H1038-v-1* General Assembly Of North Carolina Session 2021 INCREASE OF FINES FOR FAILURE TO STOP FOR A SCHOOL BUS AND EXPANSION OF WHAT CONSTITUTES PRIMA FACIE EVIDENCE IN THOSE CASES SECTION 3.(a) G.S.
… (g) Anyperson whowillfully violatessubsection(a)of this section and strikes anyperson shall be guilty of a Class I felony and shall pay a minimum fine of one thousand two hundred fifty dollars ($1,250).
… (g) Anyperson whowillfullyviolatessubsection(a)of this sectionandstrikes anyperson shall be guilty of a Class I felony and shall pay a minimum fine of one thousand two hundred fiftydollars ($1,250).
two thousand two hundred fifty dollars ($2,250).
two thousand two hundred fiftydollars ($2,250).
… (i) Whenever evidence is presented in any court or administrative hearing of the fact that a vehicle was operated in violation of this section, it shall be prima facie evidence that the vehicle was operated by the person in whose name the vehicle was registered at the time of the violation accordingto theDivision's records.
… (i) Whenever evidence is presented in anycourt or administrative hearing of the fact that a vehicle was operated in violation of this section, it shall be prima facie evidence that the vehicle was operated by the person in whose name the vehicle was registered at the time of the violation accordingto theDivision's records.
If a person whose image or voice is in the recording is deceased, the term also means the Page 2 DRH10584-NDfa-160 General Assembly Of North Carolina Session 2021 personal representative of the estate of the deceased person;
If a person whose image or voice is in the recording is deceased, the term also means the Page 2 House Bill 1038-First Edition General Assembly Of North Carolina Session 2021 personal representative of the estate of the deceased person;
A person who receives DRH10584-NDfa-160 Page 3 General Assembly Of North Carolina Session 2021 disclosure pursuant to this subsection shall not record or copy the recording.
A person who receives House Bill 1038-First Edition Page 3 General Assembly Of North Carolina Session 2021 disclosure pursuant to this subsection shall not record or copy the recording.
The court shall release only those portions of the recording that are relevant to the person's request and may place any conditions or restrictions on the release of the recording that the court, in its discretion, deems appropriate.
The court shall release only those portions of the recording that are relevant to the person's request and mayplace any conditions or restrictions on the release of the recording that the court, in its discretion, deems appropriate.
Page 4 DRH10584-NDfa-160 General Assembly Of North Carolina Session 2021 (i) No civil liability shall arise from compliance with the provisions of this section, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing.
Page 4 House Bill 1038-First Edition General Assembly Of North Carolina Session 2021 (i) No civil liability shall arise from compliance with the provisions of this section, provided that the acts or omissions are made in good faith and do not constitute gross negligence, willful or wanton misconduct, or intentional wrongdoing.
DRH10584-NDfa-160 Page 5
House Bill 1038-First Edition Page 5
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 22 co-sponsors · 154 not signed on

Sponsors (3)

Co-sponsors (22)

Not signed on (154)

154 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

Subjects

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Frequently asked questions

Who sponsors HB 1038?
HB 1038 is sponsored by R. Smith, K. Smith, Robert T. Reives, II (Democratic), Carolyn G. Logan (Democratic), Terry M. Brown Jr. (Democratic), Becky Carney (Democratic), Hunt, Vernetta Alston (Democratic), Autry, Cynthia Ball (Democratic), Mary Belk (Democratic), Deb Butler (Democratic), Carla D. Cunningham (U), Allison A. Dahle (Democratic), Gailliard, Garrison, Gill, Graham, Harris, Pricey Harrison (Democratic), Insko, Lucas, Nasif Majeed (U), Meyer, and Marcia Morey (Democratic).
What is the current status of HB 1038?
This bill died with 2021-2022 Session. It reached “In Committee” 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 1038?
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