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Greetings, Everyone, The North Carolina General Assembly doesn't convene in Raleigh until 12 May, but legislative budget writers, anticipating a $1.2 billion revenue shortfall in FY2011, are already hard at work trying to fashion next year's budget even while Governor Perdue grapples with a $500 million budget gap in the current fiscal year.
WRAL-TV (Raleigh) reported yesterday that one of the casualties of the State's budget woes could be drivers education. Those classes cost the State about $33 million per year, and those funds are currently NOT included in next year's budget (the second year of the biennial budget approved by the General Assembly last year). Driver Education funds have historically come from the Highway Trust Fund (capitalized by the State motor-fuels tax), but the General Assembly is facing a 20-year, $65 billion highway and bridge maintenance need, so there is a concerted effort to stop transfusions of funds from the Highway Trust Fund to other programs. Rep. Nelson Cole (D-Rockingham) , co-chair of the House Appropriations Subcommittee on Transportation, has suggested that drivers education should be funded from the education budget. Conversely and not unexpectedly, the co-chair of the House Appropriations Subcommittee on Education, Rep. Ray Rapp (D-Madison), has stated that his Subcommittee will recommend that the current funding formula for drivers education remain in place. My sense is that the General Assembly will find the $33 million for drivers education for FY2011 somewhere. After all, getting a drivers license is almost a rite of passage, and parents are not going to stand for their little Johnny and little Susie being deprived of drivers education in the schools, and politicians hearing from those parents are not going to eliminate funding for a program that is nearly iconic, not when they are facing reelection in November.
And because it is an election year, members of the General Assembly are going to try to adjourn the biennial session sine die as quickly as possible so they can get back to their districts to campaign. The Insider is reporting this morning that legislative leaders have already scoped out a plan to have the Senate approve revisions to the budget by 20 May with the House following suit by 10 June and budget conferees presenting a final budget reconciliation report to both chambers by 29 June, one day before the end of the current fiscal year.
What does all this mean for CBA/ABATE members? First, as there will be no MSAP classes if there are no drivers education classes, we need to make sure funding for drivers education is included in the FY2011 budget. Second, a fast-paced "short" session will likely benefit this year's largely "defensive" CBA/ABATE legislative agenda, but it also means that whatever happens will happen quickly, so CBA/ABATE must be increasingly vigilant in monitoring the happenings in the General Assembly.
What can CBA/ABATE members do now? First, mark your calendar for CBA's Lobby Day on 19 May - put a big red circle around it - and plan to be in Raleigh to lobby on behalf of the one organization that consistently fights for your rights. Second, contact your Senators and Representatives NOW to encourage them to include funding for drivers education in the FY2011 budget. It is particularly important that members of the House and Senate appropriations subcommittees on education and transportation hear from their constituents, so below are links to the member lists for those subcommittees:
House Appropriations Subcommittee on Education
House Appropriations Subcommittee on Transportation
Senate Appropriations Subcommittee on Education/Higher Education
Senate Appropriations Subcommittee on Transportation
If your Senator/Representat ive is a member of any of these committees, please email or call them NOW to encourage their support for continuing funding of drivers education classes. If your Senator/Representat ive is not a member of any of the above committees, contact them nevertheless to let them know that you support continued funding for drivers education.
If you have any questions, don't hesitate to contact me.
R. Paul Wilms
Legislative and MSAP Coordinator, Raleigh Chapter
CBA/ABATE of North Carolina
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CBA/ABATE of NC has Successful First Lobby Day of the Session!
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North Carolina General Assembly 2009-2010 Session
Bills of interest to Motorcyclists Introduced as of 5 February 2009 (Bill summaries taken from The Daily Bulletin, School of Government, UNC-CH) Senate
S 12. BAN MOBILE PHONE USE WHILE DRIVING. Filed 1/28/09. TO MAKE USING A MOBILE PHONE OR ACCESSING ADDITIONAL TECHNOLOGY UNLAWFUL WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA. Amends GS 20-137.4 as title indicates. Adds a definition for wireless telephone service. Amends subsection (b) to apply the existing offense to all motor vehicles (was, school bus). Narrows the exception for communicating in an emergency situation to communication with (1) an emergency response operator, (2) a hospital, physician’s office, or health clinic, (3) a public or privately owned ambulance company or service, (4) a fire department, or (5) a law enforcement agency. Also creates exceptions for (1) communication by any of the following while in the performance of their official duties: (a) a law enforcement officer, (b) a member of a fire department, or (c) the operator of a public or private ambulance and (2) use of a hands-free mobile telephone to make a call and not for the purpose of accessing additional technology. Makes drivers, other than bus drivers, over 18 years old who are not subject to 20-137.3 (unlawful use of a mobile phone by persons under 18 years of age) that violate this statute subject to a $100 fine, in addition to court costs. Makes conforming changes throughout. Effective December 1, 2009, and applies to offenses committed on or after that date.
S 22. BAN TEXTING WHILE DRIVING (=H 9). Filed 2/2/09. TO MAKE IT unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area. Substantively identical to H 9, filed 1/29/09.
S 45. OFF-ROAD VEHICLE TRUST FUND. Filed 2/3/09. TO REQUIRE ALL-TERRAIN vehicles and motorcycles that are used as off-road vehicles to be registered with the division of motor vehicles, to create a nonreverting revenue fund in the department of environment and natural resources designated as the off-road vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities, and to create a new off-road recreation program. Amends GS 20-50(a) to require vehicles operated in the state to be registered with the Division of Motor Vehicles (DMV), unless specifically exempted from registration under GS 20-51 or used only for agricultural purposes. Current law only requires registration of vehicles intended to be operated on state highways. Enacts GS 20-63.2 requiring all-terrain vehicles or motorcycles registered for off-road use only to be (1) registered in the same manner as any other vehicle, (2) issued a plate that is different in color and design, and (3) subjected to the same title and registration fee as any other vehicle. Vehicles registered for off-road use are not required to be insured prior to registration. Requires the DMV to collect any sales and use tax and any other taxes that the DMV is required to collect on any off-road vehicle being registered. Enacts new GS 20-63.3 establishing the Off-Road Vehicle Trust Fund (Fund) as a special, interest-bearing, nonreverting fund in the Department of Environment and Natural Resources (DENR). Requires all state, federal and private source funds dedicated to off-road vehicle recreation trails to be credited to the Fund with 80% of the Fund being used for repair, expansion, and maintenance of off-road vehicle recreation trails and to provide law enforcement on the trails, and 20% being used to provide off-road and all-terrain vehicle safety training. Enacts new GS 20-63.4 creating the North Carolina Off-Road Vehicle Recreation Program (Program) within DENR to coordinate the planning, development, and management of public off-road vehicle recreation areas, parks, trails, and facilities. Requires the Program, in consultation with other agencies and organizations, to review the inventory of public lands to determine the feasibility of providing public access for off-road vehicle recreation and trails and report to the 2010 regular session of the General Assembly by March 1, 2010. Specifies information that must be included in the report. Amends GS 20-87 to set the base registration fee for an off-road vehicle at $15 and at $22 for a motorcycle equipped with an additional device for the transportation of persons or property. Imposes an additional $10 fee on each off-road vehicle registered; the revenue from the additional fee is to be used to fund the Fund. Effective July 1, 2009.
S 47. UNAUTHORIZED WIRELESS PHONE USE/$50 LIMIT. Filed 2/3/09. LIMITING LIABILITY FOR THE UNAUTHORIZED USE OF WIRELESS TELEPHONES TO FIFTY DOLLArS. Enacts new Article 6 of GS Chapter 75 as the title indicates. Provides definitions for terms as used in the Article. Delineates the following conditions that must be met for a customer of a wireless telephone service provider to have liability for the unauthorized use of wireless telephone: (1) customer must have a contract for service; (2) the liability does not exceed $50; (3) the wireless telephone service provider must provide the customer with adequate notice of the potential liability; (4) the service provider must have provided the customer with a means to notify the service provider of loss or theft of the wireless telephone; (5) the unauthorized use occurs before the service provider is notified that an unauthorized use has occurred or may occur; and (6) the service provider provided a method for identifying the customer as the person authorized to use the wireless phone. States that in an action to enforce liability for the use of a wireless phone, the burden of proof is on the service provider to show that the use of the phone was authorized or, if the use was unauthorized that the conditions of liability for unauthorized use of a wireless phone have been met. Provides that a customer has no liability for the unauthorized use of a wireless telephone except as provided in the proposed new section. Provides that a violation of the proposed section is a violation of GS 75-1.1 (methods of competition, acts and practices regulated; legislative policy). Asserts that nothing in the proposed new section imposes any liability on the customer for unauthorized use of a wireless telephone in excess of the customer’s liability under other applicable law or agreement with the service provider. Effective when the act becomes law; applies only to contracts entered into or renewed after October 1, 2009.
S 64. MOTORCYCLE LEARNER'S PERMIT. Filed 2/4/09. TO SHORTEN THE DURATION AND AMEND THE REQUIREMENTS FOR A MOTORCYCLE LEARNER'S PERMIT, AND CLARIFY THE REQUIREMENTS FOR OBTAINING A MOTORCYCLE ENDORSEMENT. Amends GS 20-7(a1) to allow a person to drive a motorcycle who has one of the following: a full provisional license with a motorcycle learner’s permit, a regular drivers license with a motorcycle learner’s permit, a full provisional license with a motorcycle endorsement, or a regular drivers license with a motorcycle endorsement. Amends the requirements for obtaining a motorcycle endorsement by requiring a person to pay a motorcycle endorsement fee and allowing a person either to pass a riding skills test or to complete the North Carolina Motorcycle Safety Education Program Basic Rider Course or Experienced Rider Course. Omits the triple requirement of passing a road test, passing a test concerning motorcycles, and paying a fee. Amends GS 20-7(a2) by specifying that an applicant for a motorcycle learner’s permit who is under 18 or has held a drivers license for less than two years must complete the North Carolina Motorcycle Safety Education Program Basic Rider Course to obtain a permit. Provides that motorcycle learner’s permits expire six months (was, 18 months) after issuance and may be renewed for an additional six months. Effective October 1, 2009.
House
H 9. NO TEXTING WHILE DRIVING. Filed 1/29/09. TO MAKE IT unlawful to use additional technology associated with a mobile phone while operating a vehicle on a public street or highway or public vehicular area. Makes it unlawful to engage in text messaging while driving. Amends GS 20-137.3(a)(1) to expand the definition of additional technology to include “text messaging.” Enacts new GS 20-137.4A making it unlawful for any person to use additional technology, as defined in amended GS 20-137(a)(1), that is associated with any mobile phone while driving a vehicle on a public street, highway, or vehicular area. Provides that the offense of using additional technology, including texting, while driving is an infraction punishable by a $100 fine and court costs. Directs that no drivers license points or insurance surcharge be assessed for a violation under this offense. Also provides that failing to comply with the proposed law will not serve to support claims of negligence per se or contributory negligence in any action for the recovery of damages against the vehicle operator engaging in the unlawful offense. Provides exceptions to the offense of using additional technology while driving for members of law enforcement and fire departments or operators of public or private ambulance services while those persons are in the performance of their official duties. Effective December 1, 2009, and applies to offenses committed on or after that date.
H 67. LICENSE PLATE FRAME/STATE NAME VISIBLE. Filed 2/4/09. TO PROHIBIT THE COVERING OF THE STATE NAME ON A STATE LICENSE PLATE BY A LICENSE PLATE FRAME. Current law prohibits the alteration, disguise, or concealment of the figures or letters on any part or portion of a motor vehicle license plate. Amends GS 20-63(g) to also prohibit using a license plate frame to alter, disguise, or conceal figures, letters, or the state name on any part or portion of a motor vehicle license plate. Effective December 1, 2009, and applies to offenses committed after that date.
H 68. PROHIBITED USE OF ELECTRONIC DEVICES/DRIVING (=S 12). Filed 2/4/09. TO MAKE USING A MOBILE PHONE OR ACCESSING ADDITIONAL TECHNOLOGY UNLAWFUL WHILE OPERATING A MOTOR VEHICLE ON A PUBLIC STREET OR HIGHWAY OR PUBLIC VEHICULAR AREA. Substantively identical to S 12, filed 1/28/09.
H 82. INCREASE AUTO INSURANCE LIABILITY LIMITS. Filed 2/5/09. TO INCREASE MANDATORY liability insurance requirements for certain motor vehicles and to make conforming changes to the general statutes. Amends relevant sections of GS chapters 20, 58, and 62 to increase mandatory liability insurance requirements from $30,000 to $75,000 for bodily injury to or death of one person in any one accident; from $60,000 to $150,000 for bodily injury to or death of two or more persons in any one accident; and from $25,000 to $50,000 for injury to or destruction of property of others in any one accident. Makes conforming and technical changes. Effective for policies issued or renewed on or after January 1, 2010.
H 86. OFF-ROAD VEHICLE TRUST FUND (=S 45). Filed 2/5/09. TO REQUIRE ALL-TERRAIN VEHICLES AND MOTORCYCLES THAT ARE USED AS OFF-ROAD VEHICLES TO BE REGISTERED WITH THE DIVISION OF MOTOR VEHICLES, TO CREATE A NONREVERTING REVENUE FUND IN THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DESIGNATED AS THE OFF-ROAd vehicle trust fund to be used to provide all-terrain vehicle safety training, acquire new lands, manage lands, and develop off-road vehicle parks, trails, and facilities, and to create a new off-road recreation program. Identical to S 45, filed 2/3/09.
Number of Bills Introduced as of 5 February 2009: Senate 91, House 91
Deadlines
Presented to Bill Drafting Filed House Local bills 18 March 1 April Public bills 26 March 8 April Appropriations & finance bills 22 April 6 May
Senate Local bills 3 March 11 March Public bills/resolutions 13 March 25 March
Crossover deadline: 14 May
General Assembly website: www.ncleg.net CBA/A.B.A.T.E. website: www.cba-abatenc.org |
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AN ACT to make changes in motor vehicle law regarding the wearing of a safety helmet.
The General Assembly of North Carolina enacts: SECTION 1. G.S. 20-140.4 reads as rewritten: “20-140.4. Special provisions for motorcycles and mopeds. (a) No person shall operate a motorcycle or moped upon a highway or public vehicular area: (1) When the number of persons upon such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry. (2) Unless the operator and all passengers thereon wear a helmet on their head, properly secured with a retention strap. (3) Operators with a valid motorcycle endorsement and passengers 21 years of age and older are excluded from section (a2)
(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action. (c) Any person convicted of violating this section shall have committed an infraction and shall be fined according to G.S. 20-135.2A(e) and (f).” |
What is the Red Light Bill?
http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2007&BillID=s1359&submitButton=Go
What is the new helmet law?
http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2007&BillID=h563
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Get the inside scoop! Sign up for the Legislative Coordinator's email group. |
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How do I find out who represents me at the STATE level? Go here and enter in your zip code: http://www.ncga.state.nc.us/GIS/Representation/Who_Represents_Me/Who_Represents_Me.html If you do not have internet access, please provide your CBA chapter Legislative Coordinator with your zip code and he/she will look up your elected officials for you. |
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How can I find out who represents me at the FEDERAL level? Go here and put in your zip code. It will list your Federal elected officials. http://mygov.governmentguide.com/mygov/home/ |
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How can I find out which NC state legislators sit on which committees? Go here: http://www.ncga.state.nc.us/CommitteeInfo/CommitteeInfo.html |
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How can I look up the text of a NC state bill? Go here: http://www.ncga.state.nc.us/Legislation/Legislation.html
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How can I look up the text of a federal bill? Go here: http://thomas.loc.gov/
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How can I learn how to write an effective letter? Please see the CBA web page for tips on writing your legislators: http://www.cba-abatenc.org/how_to.htm
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How can I learn about how my government is structured and how a bill becomes a law? Please see the “Legislative Tutorial for NC CBA Members” on www.NCRider.com tutorials page: http://www.ncrider.com/tutorial-page.htm
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How can I join CBA/ABATE of North Carolina? Go here: http://www.cba-abatenc.org/join.htm Look up CBA chapters here: http://www.cba-abatenc.org/chapter_listings.htm
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How can I join the Motorcycle Riders Foundation (MRF)? Go here: http://www.mrf.org/join.php If you do not have internet access, you may call or write them here: Motorcycle Riders Foundation 236 Massachusetts Ave NE Washington, DC 20002-4980 Phone: (202) 546-0983 • Fax (202) 546-0986 www.mrf.org
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| If we lobby our elected officials, we will accomplish our goals! |
