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House | May 9, 2013 | Committee Room | Transportation

Full MP3 Audio File

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[Speaker changes.]...camera bill...this does not require cameras be put on cameras..or cameras to be put on buses. The second question that came up was why not use the ????? forfeitures and require that the school boards use that to put cameras. We revised by sayin' we could not require that in this bill...that was not an option so we did not require that in here. We encouraged local school boards to use funds from increased fines for cameras on buses but we could not require it. Other questions? [Speaker changes.] Ok...we all ????? to the committee. First thing I have is Representative ????????? [Speaker changes.] For motion perfect time. [Speaker changes.] Thank you, Representative. Any further questions to the bill's sponsors. [Speaker changes.] Representative Pittman is recognized. [Speaker changes.] Thank you, Mister Chairman. I move a favorable report on the PCS for House Bill 428; unfavorable to the original. [Speaker changes.] Thank you and ???????? on this as far as I know so thank you for the motion. You've heard the motion. All in favor say "aye". (Ayes.) All opposed no. Bill passes. PCS passes. [Speaker changes.] The next bill we have is 623. Representative Presnell? We've seen this bill before and I promised her she'd be first but, unfortunately, she's third. [Speaker changes.] That's ok. We have a PCS on it and Representative Jeter has got that. DOT asks...this is on the [Speaker changes.] Mister Chair...I'm sorry...there is a PCS? [Speaker changes.] Yes. [Speaker changes.] Ok...a motion for the PCS to be before us? Representative Jeter? All in favor say aye. (Ayes.) Opposed, no. It's before us. You're recognized, Representative. [Speaker changes.] Mister Chairman, we...DOT asks that we would make this with the PCS west of Interstate.... [Speaker changes.] Mister Chair? I don't have a PCS. [Speaker changes.] Ok...don't have the PCS...been passed out? Has the PCS been passed out. They're sayin' it has not. [Speaker changes.] Can I just explain it? [Speaker changes.] 623... [Speaker changes.] have the bill but no PCS. [Speaker changes.] Mister Chairman, can I ask the bill's sponsor a question please? [Speaker changes.] Representative Carney...yes. [Speaker changes.] Is your...the difference in the original and the PCS, is there a big difference? [Speaker changes.] The only difference is that it would be only west of Interstate 77 and effective date of 1/20/14. [Speaker changes.] Mister Chairman...I don't know about the rest of the members but I'm fine with that and, if we don't have copies... [Speaker changes.] Ok...without objection, we will proceed without having the PCS before us. The...and....excuse me, have you finished Representative Presnell? (inaudible.) Ok...questions from the committee? [Speaker changes.] Mister Chairman? [Speaker changes.] Representative Jeter? [Speaker changes.] Not to over-complicate things but the PCS currently has a date of...effective when it becomes law. I have an amendment to the PCS to set the effective date of January 1st, 2014. I would ask that that amendment be considered by the ????????? [Speaker changes.] Ok, do we have that amendment available? [Speaker changes.] The staff behind you has it. [Speaker changes.] ????????? of the amendment. On page one, line 23...deleting "when it becomes law" and substituting January 1st, 2014. Representative Pittman? [Speaker changes.] Mister Chairman, I move that we accept without having it in hand. [Speaker changes.] Ok...I've got a motion to accept the amendment...to the PCS on House Bill 623. Somebody made a motion back here...ok...Representative Gill moves we accept it. Second Representative Cleveland. All in favor please say "aye". (Ayes.) [Speaker changes.] Ok, Representative Faircloth??????? has a question. [Speaker changes.] On the amendment is it Interstate 77 and west or is it west of Interstate 77? [Speaker changes.] That's the PCS...a question on the PCS. [Speaker changes.] I'm sorry. [Speaker changes.] It's west of...west of Interstate 77. [Speaker changes.] Mister Chairman? To your right? [Speaker changes.] Yeah...Representative Torbett. [Speaker changes.] Thank you so much. I have a question of the bill's sponsor please. [Speaker changes.] You're recognized. [Speaker changes.] Thank you. Reading through this...thank you for bringing it forward...I'm just curious when you talk about under contract to...like a public utility, electric or telephone. Would that mean if they, say, contracted a tree service to go through and...

um, take some trees off a large track of land, for whatever reason, would that weight limit apply to that truck doing the tree under contract? [SPEAKER CHANGES] I don't think so. [SPEAKER CHANGES] Tree truck under contract? [SPEAKER CHANGES] This is, this is generally for your electric co-op people that are holding, um, big, uh, telephone poles on top. And so that they can make the roads that are in the mountains. Kind of like the Tail of the Dragon, you know how that road goes? [SPEAKER CHANGES] Yeah, I've been on it. Where you have to pull over to let your taillights pass you. Uh, understand, I'm just trying to make sure for clarity that it, it pretty much dictated to the vehicles owned and operated by those public utilities. [SPEAKER CHANGES] Under contract to a public utility, or electric or telephone membership corporation. [SPEAKER CHANGES] Okay. Thank, thank you Ms. [crosstalk] [SPEAKER CHANGES] And used in connection with the installation. Yeah. [SPEAKER CHANGES] Thank you. [SPEAKER CHANGES] Representative [Torbett?], I believe Ms. Carter may have a further response on that. [SPEAKER CHANGES] The, um, question would be answered on subsection small A, it says as used in the, connection with the installation, restoration, or maintenance of utility services, so it would have to be limited to those purposes. [SPEAKER CHANGES] Yeah. [SPEAKER CHANGES] It would have to meet all of those requirements, um, listed. [SPEAKER CHANGES] Okay? Is it, does that answer it. Okay, um, Representative Cleveland? [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] Any further questions to the bill sponsor? You're recognized, Representative Cleveland. [SPEAKER CHANGES] Uh, favorable report for the... [SPEAKER CHANGES] PCS as amended? [SPEAKER CHANGES] PCS for House Bill 623, unfavorable to the original. [SPEAKER CHANGES] Uh, PCS as amended? [SPEAKER CHANGES] As amended. [SPEAKER CHANGES] [Ok roll is on DCP G?] PCS and unfavorable to the original, and is there a [foral?] on this one? [SPEAKER CHANGES] No. [SPEAKER CHANGES] Okay. So, you've heard the motion, all in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. Congratulations, um, Representative Presnell. Okay, next bill is 684. Increase Driveway Safety on Curvy Roads. Now we have a, we have a PCS. Representative Elmore. [SPEAKER CHANGES] Thank you Mr. Chairman. In my district we have some curvy roads. [SPEAKER CHANGES] Representative Elmore. Uh, let's get the PCS before us, so have a motion. [SPEAKER CHANGES] There's no move Mr. Chairman. [SPEAKER CHANGES] I'll take Torbett, Representative Torbett, may the motion, PCS before us, please say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. Thank you, Representative you're recognized, Representative Elmore. [SPEAKER CHANGES] Thank you Mr. Chairman. We have some very curvy roads in my district, uh, you, uh, when you go through the curve you're back where you started by the time you get through it. Uh, and what this bill will do, is the issue of issuing driveway permits currently, how the DOT structures that, it is the landowner would make the request, they would deny it, then you have to go through the appeals process when they actually address what you need to do to accommodate the need. Basically what this will do is put all of that discussion in the beginning versus putting the landowner through the, um, appeals process. Now this only applies to, um, driveway permits where there is not the sight distance that is in the manual. So it is for those tight curves and things to have these issues brought up in the beginning versus at the tail end. So it's a whole lot more customer friendly to, uh, the residents and property owners in my area. [SPEAKER CHANGES] Oh, okay, are we ready for questions? Representative Shepard. [SPEAKER CHANGES] Yes sir, Mr. Chair, I'd like to make a motion to the appropriate time. [SPEAKER CHANGES] Okay. Hold that motion. Representative Starnes. [SPEAKER CHANGES] Thank you, is it standard procedure for the DOT to require the driveway owner to pay for the mirrors? [SPEAKER CHANGES] Uh. [SPEAKER CHANGES] you're recognized, answer the question. [SPEAKER CHANGES] Yes, after talking with DOT, because these are such a case by case type basis, it varies based on the need that they address. With these cases they're having to look at so many different things, it's just not always mirrors Representative Starnes, it can be reducing the speed limit. It, it's truly a case by case. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] I, I understand that, but my question is the practical application, and you're familiar with this, you'll get up there in the mountains and they'll have mirrors there at the driveway so you can see to get out, and the kids come along and they shoot the mirrors out, you know, and they break them, and I'm just wondering, once they're installed is that the homeowner's responsibility or is the DOT absorb that cost? Because the way I'm reading this, the, the driveway owner has to absorb the cost of the mirrors.

When I asked that question of the DOT folks, it varies some, but it is part of the land owner’s responsibility in that negotiation to work that out, because under current rigs, technically they can not make them have the driveway period. [Change speaker] One follow up then. [Change speaker] Follow up. [Change speaker] If the home owner bares the expense of putting the mirror up and somebody comes along and they shoot it out. Is there any obligation that he replace the mirror? [Change speaker] I do not have the answer to that, staff may have to answer that one. [Change speaker] Mr. Perry do you know the answer to that? Did you hear the question? [Change speaker] The bill authorizes the cost of the land owner, we would have to ask DOT how they intend to administer this provision. [Change speaker] Anybody from DOT would like to respond to that? [Change speaker] Good afternoon, my name is John Nance. I’m Deputy Chief Engineer with DOT and as was explained a condition of the driveway permit, in the cases where the mirror is required, which not always the case, It does require the property owner to provide that mirror and maintain that mirror. So, if a mirror is damaged, is put out of service for whatever reason, its the property owner’s responsibility to provide a new mirror, to notify us that the mirror is not there and we will certainly share desire to have that mirror in place, because the property owner needs it, to be able to see. [Change speaker] Did that answer your question? ?? [Change speaker] It answers it, but I hope if the mirror is broken and home owner doesn't replace it, I hope they don’t revoke his driveway permit. [Change speaker] Thank you. Representative Pittman. [Change speaker] Thank you Mr. Chairman. I just had a question and Mr. Nance might need to answer. I’m wondering what the standard site distance is? [Change speaker] John Nance DOT. The site distance is an engineering decision and its affected by vertical grades and the curvature of the road. The rule of thumb is ten feet per mile of speed limit. For instance, a fifty-five mile per hour zone, its generally five hundred, five hundred and fifty feet. Some of the things we do as part of this process out west is, that we discussed earlier is, advance signing, sometimes additional clearing on slopes and things of that nature, the mirrors that have been mentioned. Some improvements, some widening of pavement, some advisory speeds, lots of different kinds of traffic engineering things that we do to notify people that things are different and they need to be careful. [Change speaker] Any further questions? Representative Cullen. [Change speaker] Instant comment, on the being able to deny driveway permits. I think that the Department of transportation is required to provide access to all properties. So I guess I have question. Can they deny a driveway permit? [Change speaker] Mr. Nance you want to answer that. [Change speaker] Yes Sir. We are required to provide safe access and most all occasions we are able to do that. Some driveways, on rare occasions may be limited to something like a right in only, not an out. In rare occasions, you see right in and right out on occasions, where we put an island or something like that. So, we are required to provide reasonable, safe access and in most cases we can do that. Very rarely do you have a very narrow piece or a situation where we can’t come to some conclusion to get that access. [Change speaker] Further questions to the committee? I believe Representative Sheppard was going to make a motion. [Change speaker] Yes Sir, Mr. Chairman I would like to make a motion for favorable report for House Bill 684. [Change speaker] The PCS ? [Change speaker] I’m sorry, is there a PCS on it? I didn't get it Sir. ?? a favorable report to PCS is unfavorable to the original. I don’t see a referral on mine. Is there a referral anywhere? [Change speaker] No referral. [Change speaker] That’s it. [Change speaker] ?? hear the motion. All in favor say I. Opposed no. Congratulations. [Change speaker] Thank you Mr. Chairman. [Change speaker] We got some of our committee members have bills. This vote is to House Bill 626 Representative Moffitt and I believe it’s the PCS has been prepared on this. Senator the PCS has been passed out. Motion to have the PCS before us. Representative Pittman makes the motion to have the PCS before us. All in favor say I. Opposed no.

Mr. For sure some of the recognize four hospitals 6 to 6 conflict as chairman of the committee this is a rather straight four bill Cicely what this does to requires a tow truck operators to know the five law enforcement of the core the tomatoes within the law enforcement jurisdiction that way when the owners a vehicle calls 911 1,000,000,000 able to identify where their vehicle as the fashion as that of whites are the questions because chairman, and the divisional idea ?? (SPEAKER CHANGES) 911 has been taken care of business that's correct, and working with the national emergency number association we came up a play within six supplements that involved the average what are some questions won the most of the accord as saying, we're certain that the language only applies to those that are being tried for several of them are going wrong in the works two months, shall be you should have notified someone if you're just allow regular calls to a motorist, the core way to string of hits misses only the winners essentially an abandoned vehicle most of the that is socially afraid that the own review: is a unaware that the vehicles being turned into a truck driver these two reports 1/4 that they are going to be a follow-up ?? (SPEAKER CHANGES) but the most of those cases, the wheeler procedure now where law enforcement comes from a placekicker Olivia Cole and I did was to call for makers of the most scenarios the idea of a towing company has to be called to check chalet from HP authorized to do the job for the Lakers ago under the Polly has a series of city ordinances that really like this one necessary votes statewide sprawl and one will follow question, of being in this way before the town is an initial of friction Dampier and selling community events they were well aware that some might question is, fishermen and maybe someone from the audience can answer is that telling association supporters of this legislation of the talking with their representatives are not opposed to what they would like us to do some changes on agreed to that once we also have some protection to wind up later met with the changes the weekend they were sent: Connie well as prepared to make a motion that led to keep just give us 2 seconds to play these changes and when they are not sure, they were late, too, table regards to this mother their first ejection was it felt it was so much too much preferable to report the accident and file one forced within the jurisdiction which are actually doing it so I disagree with them on and on the sole idea not until the night of my commitment to the house passes and I would listen to what they have disabled to go over to the senate and park Peking is chairman of the program, I would like a madman commission and pepper said the bill's sponsors and, when reporting D sound, and this is a problem people are having their cars Friday,(SPEAKER CHANGES) when they are identical, As a Sandra, state and spent the last 6 hours looking for and can't find anybody to tell me where that's a negative development think it's turned away and synthetic fabric, since they are sent to prison, the U.S. share, does this include the week of may and if it just went ahead for nonpayment enough to call all should know that we would include an up and this is seven service your question from the on sponsored this also include like it's a good football games college football games are from one place and that senator or some restaurants and 10 from the one is also a string of two transaction, as the day of the balls up with a bill sponsored justice Jurassic Park the act selling company for the lice and for the state or they bonded for the ensure ??....

Mr. Allen's latest anybody by Judge Richard Owen all eclecticism fairly regulated the industry of the specific answer your question on the first of the half the jury was the furthest thing from bulls question that I have prevented this one, won the licensing of Intel chip companies went on to point out that his pulse phone calls calling procedure on the stand out in the statues and it applies to telling of vehicles, from school grounds and stay on parking lots and Priscilla to the order of police of so it doesn't buy you a pack of lies where people yelling contract with telling, get them into the circumstances in which this is not only does not apply to repossess the two home runs and two stars of the southern Idaho has less to clarification I will miss this is one of our private party this is only a bit from respect for its one-of-use small bills since the start of this, it would apply to private property get from police officer called the person to the property that o'clock to five party if a police officer calls that (SPEAKER CHANGES) O'brien two are prompted by the strip of what's typically are noticed on that day or night that they have a contract with Boeing company in the beyond the call, call two percent of things just weren't with the supply where FERC in five say your car stolen an abandoned a mix of it'll be very helpful in the DB cost of this . (SPEAKER CHANGES) On the Sydney but there's a tour with IBM's chairman of thing representing a test of basic use safety feature built in as a welcome a lot of talk about work, and it's amazing individuals to attack happened as a kind of attacks, corroborated card and then nobody really knew about and then later please have noticed as I missing person may have found from fortunately the city's been on the mind of a way to the together cost the car was sitting in a lot from Oregon, for weeks and weeks and weeks so this core lights as possibility probability to correlate missing individual reporting to the commission could save Egyptians were confirmed? Many that the city, is recognized as chairman for families apart from asp 0620 thirds of the past and faster than I was able to get rich as chairman as Chairman Jim hall before you take a vote on that, if there's someone year from late going industry that was to make a brief comment on the spill out like to hear from a blues elks Miller said Jarrett: Jeffrey south bay is Chairman Alice Miller would be a tour of the specials and North Carolina make the robbers another question, we share our concerns about the bill Richardson Moffett and values short and simple objects and continued work on this language oration work with law enforcement in their respective on an asset to the key decisions on limited to those cases where law enforcement, calls for the towing the first place in selecting one portion of the information on continue to make a call to our fault in the first place for the information already know what the process should be to make the race to build the public has yet to be worked out were kids were sponsored two on Davis recalls a question to the speaker of home they can you give us some information on home video licensing and registration records of Staten island would use bakers and then obviously is regulated in our fault or license, and as more detail for a second a share with you for the like ?? so a person can this go by a record store telling callers the without having some official licensing of Hollywood gossip two for five sessions are they a motion motion to force approve the PCs four hospitals 626 frozen corn and unfair with original also said a spokesman a special offer ??...........

most home owners build for Jan and moved to Hamilton Hospital, seven twenty seven Nobel peace. yes, on that so motion is yesterday for us as astronomers does yesterday for solvents at the heroes announcing recognized. [SPEAKER CHANGES] thank you, Mister Chairman out a very quick. this is a a bill that will help me on my Dell insurers process and the salvage vehicle process at the expedited by creating two separate processes on which the insurance agency or the salvage processor can obtain a certificate of title or what is often referred to as a negotiable document so that they can begin the process to remove vehicles from the sound slots for disposal or reuse or any other nineties. [SPEAKER CHANGES] I have it in ex- process for DNA was any more big Mister from the product. unlike most good for the comments, questions resembles yes ma'am ribbon Tim Moore had a salvage title meal will what's hot, what's the difference. [SPEAKER CHANGES] yes, I have a very good question. I make is that a member of the auto mobile insurance community year of an organism lobbyist that might be able to address are not familiar with this was the only didn't do need to have somebody wanted to have speak on the question so that the needed questioner Cesar you think you're the insurance on all Cyrus and Marion Danny Church with venture involved in the related question resembles this. [SPEAKER CHANGES] thank you for two more had a another deal about Savage on over in the title is it in and this is how I obtained a salvage title, unless the difference or yet has Bill was Airville, was dealing with inspections. so I think that they were not related, although we probably could've at least to build and design a writer is to the so you don't have to get the car instead negative time this best this deal specifically with clearing up tidal that once the vehicle has been salvaged the lien holder seven satisfy the insurance companies and then say it simply helps the salvage commuting needs a course more quick lay off a lot there instances where they can obtain a negotiable tie our our document people got divorced. they are refusing to communicate is making life difficult. what this does clear up your style is a process I was pregnant and do not occasion properly said has nothing to do the inspections process on Soren and I understand your question answered. thanks for the for the names anyone a question on this to the bill sponsor within Waterhouse and Mister a move that we have a favorable report for the PCS law house bills seven twenty seven unfavorable on your original was to referrals is the referral list so so so so slow motion effect a motion for an emotional Isaiah was the specialist think everybody okay have him us. House Bill six twenty massive McManus- my- ninety okay have a has paid the recognizer to Centerville. this don't hand out because of a local mechanic in Siler city. he said he sealed his cars sitting out there. my lot again if I can get real. how does anyone them down. I want them gone that the process is so complicated. I don't have time to take a sophomore to go through the procedure to get into the cars and they were cars he had done work on one of them. he had a three thousand dollar in June into and he said yes I try to sell

...but first I have to go before a judge for a judicial hearing to even get permission to be able to do something with them, and then if I want to sell it I have to auction it, meaning that it has to go to the highest bidder, and I may not get back out of it what I have actually already invested in it. I don't have the time to do those things. I'm a mechanic, and I need this process simplified. So that's what I'm trying to do, is simplify the process. It would eliminate the judicial hearing piece. It still requires the certified letter. It still goes through the DMV. The certified letter can be sent from the DMV or from the mechanic, but the DMV has to be notified. The law actually did not allow--it didn't specify any disposal of vehicles that were over $800. It only referred to selling vehicles that were less than $800, so this would take away that $800 cap on the vehicle's value and allow him to be able to sell it in a private or public sale without the judicial hearing. [SPEAKER CHANGES] Question, Representative Jeter. [SPEAKER CHANGES] Thank you, Mr. Chairman. Representative McManus, if you take out the judicial process, who gets to determine the lien on the property, or is the lien on the property determined by one judicial process and the sale by another, or...? [SPEAKER CHANGES] It goes through the DMV still. They determine--and they would actually--the certified letter, if it comes back--the person that owes the money can still request a hearing, and if they do, then there is a hearing, and it is required. His problem is that he has sent letters that have come back without any response, or any request. He knows one of the people had moved to Virginia; he doesn't know where. So he has sent letters to be forwarded, certified letters, but now the next step would be the judicial hearing, since the letters came back with no response, no request for a hearing. So now he's in that limbo. So this would still--if the person owing the money wanted the hearing, it would still be available to them. It's if they don't respond to the certified letter that then the DMV can determine--and it actually specifies in here how the value is determined by the DMV, so that they know the value of the car, and any money that he could make off the car, over and above what he has invested in it, does return to the DMV. [SPEAKER CHANGES] Representative Starnes [SPEAKER CHANGES] Thank you. What? Help me understand the process. Let's say that the mechanic decides to sell the automobile because the owner doesn't come in and doesn't pay for it, and I buy that automobile. How do I get a clear title to the car then? [SPEAKER CHANGES] The DMV would issue the title. That was how it worked before, even if it went through the option process, but the DMV--once that certified letter comes back with no response, the DMV assumes the title for it, and then the DMV would issue the title when it was sold. [SPEAKER CHANGES] Follow-up. [SPEAKER CHANGES] Follow-up? [SPEAKER CHANGES] And then--but the DMV would apply the same standards as to determine whether or not it would require a salvage title. So let's say the car had been in a wreck, and they fixed it, and it was in the excess of 50% of its value. Then would the DMV issue a brand new title? [SPEAKER CHANGES] There was no provision in that in the prior Bill, so I didn't address the salvage issue. I'm sorry, I don't have an answer for that. I don't know if Staff would. [SPEAKER CHANGES] Does the Staff have an answer for that? The Staff says this doesn't deal with salvage vehicles. {SPEAKER CHANGES] Doesn't what? [SPEAKER CHANGES] This Bill addresses vehicles that are being serviced or repaired by a provider. It doesn't deal with salvage titles and salvage vehicles. This is just any vehicle. [SPEAKER CHANGES] I'm following ??. I understand that, but let's say that they brought the car in because it had been in an accident, and it had been wrecked, and so they fixed it up, but the repairs were more than 50% of the value of the car. Wouldn't it then be required to have a branded or a salvage title? [SPEAKER CHANGES] That sounds like a DMV question, but does the Staff know that? [SPEAKER CHANGES] Well this--I guess what I was trying to say was this doesn't change anything with relationship to a salvage...

The standards for salvage title would still apply representative Sternz.[SPEAKER CHANGES] Does that answer the question? Ok. Representative Blackwell. [SPEAKER CHANGES] Thank you mr chairman. I'm a little bit concerned whether I understand this fully. If I do somewhat then I'm a little bothered. Maybe I could ask Mr Perry or one of the staff a legal question I think. In the wording on the first page I read it to say that if you have a notice that informs the recipient, that his or her property may be sold pursuant to this section without a judicial hearing. If the certified mail notice is returned as undeliverable that seems to say notice is effective provided its not received. And I'm not what kinda of effective notice that is. I mean. Is that in fact what we're saying. We're gonna require you to give a notice but the way you get to rely on it is that you prove that the person to whom notice was given never received it. [SPEAKER CHANGES] Is the question directed to the staff? [SPEAKER CHANGES] I believe it was directed to Mr Perry. [SPEAKER CHANGES] The language that you're referring to is, I would assume to encourage the person to keep the mechanic informed as to an address. So that, they're telling us that if we don't have an address and we sent out mail and its returned to us. Then theres a possibility that you will lose your car. So we tell them upfront. If we don't have the correct address and we send you mail and it comes back then you could lose your car. Thats basically what thats saying. [SPEAKER CHANGES] Follow up. [SPEAKER CHANGES] I read the wording that is underlined there as saying if the person cant reasonably be ascertained its or. I dont see, where is the part that says that you're on notice that if you dont keep me informed as to where you are that I could send you a letter later saying I can sell this without further notice provided you don't receive the notice. [SPEAKER CHANGES] Does the staff have an answer for that? [SPEAKER CHANGES] I'm not sure I understand the question. [SPEAKER CHANGES] Which line are you referring to representative Blackwell. [SPEAKER CHANGES] Which staff member or which question?[SPEAKER CHANGES] Which line [SPEAKER CHANGES] Ok on the first page, house bill 620. Do we have a PCS? No Ok. If you look on lines 25 through 29 the underline language thats being added to the bill. It says that except that the notice shall further inform the recipient that the property may be sold pursuant to this section without a judicial hearing if the certified mail notice is returned as undeliverable. Which seems to me to say, you give notice that you can sell it without a judicial hearing provided that it comes back and its not been delivered. Which seems to me to say the notice didn't get delivered. That somehow doesn't make sense to me. And i'm trying to clarify if i'm reading it wrong. [SPEAKER CHANGES] If you look, and I dont know if this will help any but on page 2 line 22 the current law is that if the certified mail notice has been returned as undeliverable of if the name of the person having legal title to the vehicle cannot be legally ascertained then the leiner can institute special proceedings. So those two factors are already in the law and those are the standards by which they determine whether or not the property can be sold through a judical now this created an exception so if theres a problem with it maybe i dont know if DMV could help us out with this or not. [SPEAKER CHANGES] mr chairman may i follow up on that. In what I'm looking at is page 2...

Hiking the language about a special proceeding a special proceeding if it were done in a case where somebody didn't receive notice which is what the law currently says as I understand it the special proceeding would require that you got to notify the opposing party so they know that your disposing of their property we are changing that as i see it to say so you don't get noticeable special proceeding there's no judicial hearing and one of the two ways that you establish your right to sell it without the person having a chance to appear is by simply saying here's my certified letter that came back undelivered which means they didn't get the notice it doesn't proved that they didn't have an address it maybe somebody was on vacation you know im at home and i leave my car at a dealership where you you know maybe the car broke down and triple A hauls me over there I'm going out of town on a trip gone two weeks there's a ten-day notice I think in here I don't know that it would happen that quickly but you know send me a certified letter they leave me a little thing in my box two or three times in a box that says if you dont come by the post office and claim it i dont know about the rest of you but sometimes that little slip gets in between the other papers at my house and it may be that the letter get sent back that's my concern is I don't want to make life hard on the mechanic but i want to be sure people get fair and accurate notice and that we don't streamline this so much that we are allowing premature sales [Speaker Change] gentlemen in the rear identify yourself can you add some information to our discussion [Speaker Change] yes i will assist if i can tracy davis im the assistant supervisor with the department of motor vehicles here in Raleigh over the notice and storage section if i could just say our concern is that this bill will take out a layer of protection for consumer as well as the lien holder we've seen instances where certified mail that we send the first time and I agree with you that notice telling you that if you don't get the notice your not going to get the hearing he won't be aware of that our feeling is our first notice if it becomes returned unclaimed then we send it to the court process they require further certified notices had that person been out-of-town Postal Service we solve three instances where this would be of benefit to have special proceedings Postal Service puts the card in the mail in the mailbox they wait seven days if it's not picked up they do that again and then wait another seven days on the 14th day they notify us that is has been undelivered so at that point we consider it to be undelivered when that's an owner or lien holder had that consumer or that owner been out-of-town they may get the next notices of court proceeding requires that notice we have seen instances where folks maybe have not processed their titles yet maybe its a vehicle they bought and had the mechanic work on it then they processed their title then maybe they would recieve subsequent notices the court would send as well as the statute allows you to wait 60 days to change your address so if we have sent the first notice and you didnt get it post office works of a 14 day calendar you could abide by the statute changer address any subsequent notice that the special proceeding send you may recieve because the address may have been changed and you abide by the actual statute requiring the address to be changed [Speaker Change] ???? all the names i have got and want to speak on the bill we are going to displace this bill at the agreement with the sponsor and move on to the next bill and she can work on this and come back next meeting thank you lets see all the names we have that are going to speak on this bill. ok bill 759 residentual brown brian brown the other brown i dont believe there is a pcs on this the bill is before us [Speaker Change] thank you mister chariman members under current statutes it prohibits operation of a motor vehicle car truck tractor trailor bus unless it is equipped one operational red or amber stop lamp on the back of the vehicle this bill simply changes that statute to require operation of a motor vehicle truck tractor trailor bus ect to have two operational red or amber stop lamps on each

side of the vehicle. With that I'll yield for questions. [SPEAKER CHANGES]. OK, Representative Carney. [SPEAKER CHANGES]. Thank you, Mr. Chairman. I was telling Representative Brown that Representative Mitch Setzer and I have a identical bill, so at the appropriate time I'd like to be recognized. [SPEAKER CHANGES]. Representative Bumgardner. [SPEAKER CHANGES]. A lot of classic and antique vehicles don't have but one tail light on one side. Especially pickup trucks. What are we going to do about that? Are they going to be exempt, or going to have to put another light on? [SPEAKER CHANGES]. That would probably be a good question for staff. That's not something I considered in the draft of this legislation. [SPEAKER CHANGES]. Follow up? [SPEAKER CHANGES]. Mr. Chairman, this bill applies to vehicles manufactured after December 31st 1955. [SPEAKER CHANGES]. OK, Representative Bumgardner, follow up? [SPEAKER CHANGES]. Follow up. There's a lot of vehicles made after that date that only have one tail light. I happen to know, having worked on a lot of older cars. Really, especially pickup trucks, it was the mid, early to mid '60's before it was typical to have a tail light on both sides. I'm just saying, a lot of guys like to drive their old pickup trucks, and cars too for that matter. If you look at a car made in the, anybody that's old enough, a car made in the '30's or '40's they've got one tail light on one side. And I know it exempts vehicles that old and most cars in the '50's and on up were 12-volts and had two tail lights, but trucks especially would have one light, one brake light, one tag, one light to light the tag. If you look at trucks like Chevrolets made in the late '50's, I happen to know, I have one tail light on one side. I'm just saying. [SPEAKER CHANGES]. Further questions? Representative Jeter. [SPEAKER CHANGES]. Members, we're going to do an amendment to bump the date to 1970. [SPEAKER CHANGES]. Mr. Chairman, at the appropriate time move approval of the amendment. [SPEAKER CHANGES]. OK, we are going to have an amendment before us, momentarily. To change that date from 1955 to 1970. [SPEAKER CHANGES]. Mr. Chairman. Torbett over here. [SPEAKER CHANGES]. Representative Torbett. [SPEAKER CHANGES]. Just to make sure that it doesn't bring reference that some of us may have driven those cars in '70 and they are not be referred to as antiques. [SPEAKER CHANGES]. Thank you very much. [SPEAKER CHANGES]. Point taken. [SPEAKER CHANGES]. OK. Without having the amendment at hand, do I have a motion to approve the amendment to change the date from 1970...? [SPEAKER CHANGES]. So moved. [SPEAKER CHANGES]. Representative Jeter makes a motion, second by Representative Arp. All in favor of that amendment ?? by saying aye. Opposed, no. Thank you very much. The bill is now back before us. Further questions on the bill? Representative Arp. [SPEAKER CHANGES]. Motion to approve the bill with enrolling it into Committee Substitute of the amendment. And unfavorable to the original. [SPEAKER CHANGES]. OK, we have the motion. Representative Bumgardner will speak again. A question again. [SPEAKER CHANGES]. Thank you, Mr. Chairman. I just know that if you have an unintended consequence of making these antique car guys mad, they're fanatics and I know because I've been one of them. And so you've made a good move moving that date. Thank you for that. [SPEAKER CHANGES]. You're welcome. [SPEAKER CHANGES]. I support the bill now. Fully. [SPEAKER CHANGES]. Got one more vote. Thank you. Representative Moffitt. [SPEAKER CHANGES]. Thank you, Mr. Chair. Actually, I apologize I wasn't really paying attention to the bill sponsor in the beginning of the debate. [SPEAKER CHANGES]. Thank you, sir. [SPEAKER CHANGES]. My apologies, Representative Brown.

[SPEAKER CHANGES] Essentially what were doing is were establishing probable cause in regards to law enforcement being able to pull someone over if they only have one operable tail light is that correct? [SPEAKER CHANGES] This did come to my attention as addressing a court of appeals case that a law enforcement officer pulled a vehicle over with one operable stop light, tail light and the case was ultimately decided that that was not a probable justification for stopping that individual. [SPEAKER CHANGES] Thank you [SPEAKER CHANGES] I would submit it as a public safety issue. [SPEAKER CHANGES] Okay, further questions? You've heard the motion from Representative Arp. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. [SPEAKER CHANGES] No. [SPEAKER CHANGES] Okay. [SPEAKER CHANGES] The aye ??? Bill is approved. [SPEAKER CHANGES] Thank you Mr. Chairman. [SPEAKER CHANGES] Okay were going to move to House Bill 1,002. Who's running that Bill for the Rules Committee? ?? A simple Bill, correct? [SPEAKER CHANGES] Assuming everyone had time to read titles, if there's any questions, I'll be right here Mr.Chairman. [SPEAKER CHANGES] Excuse me? I didn't catch that? [SPEAKER CHANGES] Going on your ?? as it being a simple bill, if you read the title, that pretty much explains everything. If you have any questions, I'm available. [SPEAKER CHANGES] Simple local Bill for the town of Bellmont, Representative Shepard. Any further comments or questions? Motion will be in order [SPEAKER CHANGES]Yes sir Mr.Chairman. ?? time for favorable report. What's that Bill number again? [SPEAKER CHANGES] 1,002. [SPEAKER CHANGES] 1,002, that's right. [SPEAKER CHANGES] You've heard the motion. All in favor say aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. [SPEAKER CHANGES] Motion carries. Congratulations [SPEAKER CHANGES] Thank you Mr.Chairman, members of the Committee. I hope everyone has a safe and happy weekend. [SPEAKER CHANGES] Okay were going to recall the Bill. Representative McManus Bill. And were going to entertain a motion to... [SPEAKER CHANGES] Mr.Chairman? [SPEAKER CHANGES] Representative Dollar. [SPEAKER CHANGES] I have a motion on that for the Committee to consider. [SPEAKER CHANGES] Okay, I believe there were legal questions that were being answered so were going to entertain a motion from Representative Dollar [SPEAKER CHANGES] I would move that we send the bill to Judiciary A without prejudice [SPEAKER CHANGES]Okay that's passing the bill on to Judiciary A and there we hope the legal questions will be ?? [SPEAKER CHANGES] Can you repeat the Bill number? [SPEAKER CHANGES] The bill number is House Bill 620. [SPEAKER CHANGES] What this will allow them to do is will allow the Judiciary A Committee to address the, essentially its a legal issue. It will allow them to address it, and at least have some prospect for the Bill to, the Bill to be considered prior to crossover. [SPEAKER CHANGES] Okay you've heard the motion to pass the Bill on to Judiciary A without prejudice. Any further comment on the motion? All in favor say, aye. [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] Opposed no. [SPEAKER CHANGES] Its moved on to Judiciary A. [SPEAKER CHANGES] Okay I believe we have one last Bill Representaive Moffitt. Stands between us and going home. [SPEAKER CHANGES] ?? order Mr.Chairman its not Mr.Moffitt, it's the questions asked of Mr.Moffitt that stand us between. [SPEAKER CHANGES] Correction noted. [SPEAKER CHANGES] Thank you, Mr.Chairman, Members of the Committee. This is a Senate idea, that started with Senator Harry Brown in regards to establishing administrative regions throughout the sate that makes a little sense in regards to D.O.T. ?? and with a study in regards to the economic development partnerships. [SPEAKER CHANGES] Mr.Chairman. [SPEAKER CHANGES] Pick the appropriate time [SPEAKER CHANGES] Thank you Represenative ?? [SPEAKER CHANGES] The transportation portion of this, which is what this Committee is to consider. This Bill goes to Environment next, then it goes to Commerce, then it goes to Appropriations. But D.O.T. is really the, the D.O.T. districts, which there are fourteen, is the basic map for the administrative districts. Were taking the fourteen and combining them into seven. That way the echo DE-formulas remain the same, which is a important aspect to transportation funding

and that's what this committee needs to decide: if that particular footprint, from an administrative region standpoint, is acceptable to the committee. [SPEAKER CHANGES] Mr. Chairman, do we have any maps available of what this would look like? [SPEAKER CHANGES] Mr. Chairman, I have a question that might provide an answer. [SPEAKER CHANGES] The bill sponsor has requested to displace the bill until Tuesday. [SPEAKER CHANGES] I'll displace it until Tuesday and bring maps for everybody. Thank you. [SPEAKER CHANGES] Thank you. The bill is displaced and I believe that is the last bill. No further business. Meeting is adjourned.