GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 206*

Short Title:  DMV Head Is a DOT Deputy.	(Public)

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Sponsors: Representative Bowie.

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Referred to:  Transportation.

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February 17, 1997

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE PERFORMANCE AUDIT OF THE DIVISION OF MOTOR VEHICLES OF THE DEPARTMENT OF TRANSPORTATION BY ELIMINATING THE POSITION OF COMMISSIONER OF MOTOR VEHICLES AND ALLOWING THE SECRETARY OF TRANSPORTATION TO DESIGNATE A DEPUTY TO BE THE HEAD OF THE DIVISION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-1 reads as rewritten:
"§ 20-1.  Division of Motor Vehicles established.
The Division of Motor Vehicles of the Department of Transportation is established.  This Chapter sets out the powers and duties of the Division.  The Secretary of Transportation shall administer the Division.  The Secretary may delegate to a Deputy of the Department of Transportation or another employee of the Department any duty of the Secretary concerning the administration of the Division."
Section 2.  G.S. 20-2 reads as rewritten:
"§ 20-2.  Authority to adopt rules.
		The Secretary may adopt rules to implement this Chapter.  Chapter 150B of the General Statutes governs the adoption of rules by the Secretary."
Section 3.  G.S. 20-3 is repealed.
Section 4.  G.S. 20-4.01(4) is repealed.
Section 5.  G.S. 20-4.01 is amended by adding a new subdivision in the appropriate alphabetical order to read:
"(39a)	Secretary. – The Secretary of the North Carolina Department of Transportation."
Section 6.  G.S. 20-4.2(2) is repealed.
Section 7.  The following statutes are amended by deleting the word "Commissioner", the phrase "Commissioner of Motor Vehicles", the phrase "State Commissioner of Motor Vehicles", or the phrase "Commissioner of the Division of Motor Vehicles" each time they appear and substituting the word "Secretary" :
G.S. 20-4.3
G.S. 20-4.4
G.S. 20-4.6
G.S. 20-4.10
G.S. 20-4.20
G.S. 20-4.22
G.S. 20-7
G.S. 20-9
G.S. 20-11
G.S. 20-13.2
G.S. 20-16.1
G.S. 20-17.1
G.S. 20-19
G.S. 20-24
G.S. 20-26
G.S. 20-29.1
G.S. 20-30
G.S. 20-37.12
G.S. 20-37.16
G.S. 20-37.23
G.S. 20-39
G.S. 20-40
G.S. 20-41
G.S. 20-42
G.S. 20-43
G.S. 20-43.4
G.S. 20-45
G.S. 20-47
G.S. 20-48
G.S. 20-50
G.S. 20-56
G.S. 20-57
G.S. 20-61
G.S. 20-63
G.S. 20-64
G.S. 20-64.2
G.S. 20-66
G.S. 20-71.2
G.S. 20-71.3
G.S. 20-71.4
G.S. 20-78
G.S. 20-83
G.S. 20-84
G.S. 20-84.2
G.S. 20-85.1
G.S. 20-86.1
G.S. 20-91
G.S. 20-91.1
G.S. 20-91.2
G.S. 20-94
G.S. 20-97
G.S. 20-99
G.S. 20-100
G.S. 20-108
G.S. 20-109.1
G.S. 20-114
G.S. 20-124
G.S. 20-125
G.S. 20-125.1
G.S. 20-126
G.S. 20-127
G.S. 20-128.2
G.S. 20-129
G.S. 20-129.2
G.S. 20-130
G.S. 20-133
G.S. 20-135.2
G.S. 20-135.2A
G.S. 20-135.2B
G.S. 20-135.4
G.S. 20-140.4
G.S. 20-141.3
G.S. 20-179.3
G.S. 20-183.3
G.S. 20-183.8D
G.S. 20-183.8E
G.S. 20-218
G.S. 20-279.2
G.S. 20-279.3
G.S. 20-279.5
G.S. 20-279.6
G.S. 20-279.6A
G.S. 20-279.7
G.S. 20-279.8
G.S. 20-279.9
G.S. 20-279.10
G.S. 20-279.11
G.S. 20-279.12
G.S. 20-279.13
G.S. 20-279.16
G.S. 20-279.19
G.S. 20-279.20
G.S. 20-279.22
G.S. 20-279.24
G.S. 20-279.25
G.S. 20-279.26
G.S. 20-279.27
G.S. 20-279.28
G.S. 20-279.29
G.S. 20-279.30
G.S. 20-279.31
G.S. 20-279.32
G.S. 20-279.33
G.S. 20-281
G.S. 20-283
G.S. 20-288
G.S. 20-295
G.S. 20-296
G.S. 20-300
G.S. 20-301
G.S. 20-302
G.S. 20-305
G.S. 20-305.1
G.S. 20-305.2
G.S. 20-305.3
G.S. 20-305.4
G.S. 20-308.1
G.S. 20-321
G.S. 20-322
G.S. 20-323
G.S. 20-324
G.S. 20-325
G.S. 20-382
G.S. 20-382.2.
Section 8.  G.S. 20-49 reads as rewritten:
"§ 20-49.  Police authority of Division.
Officers and inspectors of the Division designated by the Secretary and all members of the Highway Patrol shall have the power:
(1)	Of peace officers for the purpose of enforcing the provisions  of this Article and of any other law regulating the operation of vehicles or the use of the highways.
(2)	To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of this Article or other laws regulating the operation of vehicles or the use of the highways.
(3)	At all time to direct all traffic in conformance with law, and in the event of a fire or other emergency or to expedite  traffic or to insure safety, to direct traffic as conditions may require, notwithstanding the provisions of law.
(4)	When on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of this Article  or of any other law regulating the operation of vehicles to require the driver thereof to stop and exhibit his driver's license and the registration card issued for the vehicle, and submit to an inspection of such vehicle, the registration plates and registration card thereon or to an inspection and  test of the equipment of such vehicle.
(5)	To inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof.
(6)	To serve all warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways.
(7)	To investigate traffic accidents and secure testimony of witnesses or of persons involved.
(8)	To investigate reported thefts of motor vehicles, trailers and semitrailers and make arrest for thefts thereof.
(9)	For the purpose of determining compliance with the provisions of this Chapter, to inspect all files and records of the persons hereinafter designated and required to be kept under the provisions of this Chapter or of the registrations  of the Division:
a.	Persons dealing in or selling and buying new, used or junked motor vehicles and motor vehicle parts; and
b.	Persons operating garages or other places where motor vehicles are repaired, dismantled, or stored."
Section 9.  G.S. 20-79.1(j) is repealed.
Section 10.  G.S. 20-84.2 is amended by deleting the word "Commissioner's" each time it appears and substituting the word "Secretary's".
Section 11.  G.S. 20-88.01 reads as rewritten:
"§ 20-88.01.  Revocation of registration for failure to register for or comply with road tax or pay civil penalty for buying or selling non-tax-paid fuel.
(a)	Road Tax. – The Secretary of Revenue may notify the  Division of those motor vehicles that are registered or are required to be registered under Article 36B of Chapter 105 and whose owners or lessees, as appropriate, are not in compliance with Article 36B, 36C, or 36D of Chapter 105.  When notified, the Division shall withhold or revoke the registration plate for the vehicle.
(b)	Non-tax-paid Fuel. – The Secretary of Revenue may notify the Division of those motor vehicles for which a civil penalty imposed under G.S. 105-449.118 has not been paid. When notified, the Division shall withhold or revoke the registration plate of the vehicle."
Section 12.  G.S. 20-279.21(b)(3)b. reads as rewritten:
"b.	Where the insured, under the uninsured motorist coverage, claims that he has sustained bodily injury as the result of collision between motor vehicles and asserts that the identity of the operator or owner of a vehicle (other than a vehicle in which the insured is a passenger) cannot be ascertained, the insured may institute an action directly against the insurer: Provided, in that event, the insured, or someone in his behalf, shall report the accident within 24 hours or as soon thereafter as may be practicable, to a police officer, peace officer, other judicial officer, or to the Division. The insured shall also within a reasonable time give notice to the insurer of his injury, the extent thereof, and shall set forth in the notice the time, date and place of the injury. Thereafter, on forms to be mailed by the insurer within 15 days following receipt of the notice of the accident to the insurer, the insured shall furnish to insurer any further reasonable information concerning the accident and the injury that the insurer requests. If the forms are not furnished within 15 days, the insured is deemed to have complied with the requirements for furnishing information to the insurer. Suit may not be instituted against the insurer in less than 60 days from the posting of the first notice of the injury or accident to the insurer at the address shown on the policy or after personal delivery of the notice to the insurer or its agent. The failure to post notice to the insurer 60 days before the initiation of the suit shall not be grounds for dismissal of the action, but shall automatically extend the time for filing of an answer or other pleadings to 60 days after the time of service of the summons, complaint, or other process on the insurer."
Section 13.  G.S. 20-282 reads as rewritten:
"§ 20-282.  Cooperation in enforcement of Article.
The provisions of this Article shall be enforced by the Division in cooperation with the Commissioner of Insurance, the North Carolina Automobile Rate Administrative Office and with all law-enforcement officers and agents and other agencies of the State and the political subdivisions thereof."
Section 14.  G.S. 20-309 reads as rewritten:
"§ 20-309.  Financial responsibility prerequisite to registration; must be maintained throughout registration period.
(a)	No self-propelled motor vehicle shall be registered in this State unless the owner at the time of registration has financial responsibility for the operation of such motor vehicle, as provided in this Article. The owner of each motor vehicle registered in this State shall maintain financial responsibility continuously throughout the period of registration.
(b)	Financial responsibility shall be a liability insurance policy or a financial security bond or a financial security deposit or by qualification as a self-insurer, as these terms are defined and described in Article 9A, Chapter 20 of the General Statutes of North Carolina, as amended.
(c)	When it is certified that financial responsibility is a liability insurance policy, the Division may require the owner to produce records to prove the fact of insurance, and failure to produce such records shall be prima facie evidence that no financial responsibility exists with regard to the vehicle concerned. It shall be the duty of insurance companies, upon request of the Division, to verify the accuracy of any owner's certification.
(d)	When liability insurance with regard to any motor vehicle is terminated by cancellation or failure to renew, or the owner's financial responsibility for the operation of any motor vehicle is otherwise terminated, the owner shall forthwith surrender the registration certificate and plates of the vehicle to the Division unless financial responsibility is maintained in some other manner in compliance with this Article.
(e)	Upon termination by cancellation or otherwise of an insurance policy provided in subsection (b) of this section, the insurer shall notify the Division of such termination; provided, no cancellation notice is required if the insurer issues a new insurance policy complying with this Article at the same time the insurer cancels or otherwise terminates the old policy, no lapse in coverage results, and the insurer sends the certificate of insurance form for the new policy to the Division. The Division, upon receiving notice of cancellation or termination of an owner's financial responsibility as required by this Article, shall notify such owner of such cancellation or termination, and such owner shall, to retain the registration plate for the vehicle registered or required to be registered, within 10 days from date of notice given by the Division either:
(1)	Certify to the Division that he had financial responsibility effective on or prior to the date of such termination; or
(2)	In the case of a lapse in financial responsibility, pay a fifty dollar ($50.00) civil penalty; and certify to the Division that he now has financial responsibility effective on the date of certification, that he did not operate the vehicle in question during the period of no financial responsibility with the knowledge that there was no financial responsibility, and that the vehicle in question was not involved in a motor vehicle accident during the period of no financial responsibility.
Failure of the owner to certify that he has financial responsibility as herein required shall be prima facie evidence that no financial responsibility exists with regard to the vehicle concerned and unless the owner's registration plate has on or prior to the date of termination of insurance been surrendered to a representative of the Division or deposited in the United States mail, addressed to the Division of Motor Vehicles, Raleigh, North Carolina, the Division shall revoke the vehicle's registration for 30 days.
In no case shall any vehicle, the registration of which has been revoked for failure to have financial responsibility, be reregistered in the name of the registered owner, spouse, or any child of the spouse, or any child of such owner within less than 30 days after the date of receipt of the registration plate by the Division of Motor Vehicles, except that a spouse living separate and apart from the registered owner may register such vehicle immediately in such spouse's name. Additionally, as a condition precedent to the reregistration of the vehicle by the registered owner, spouse, or any child of the spouse, or any child of such owner, except a spouse living separate and apart from the registered owner, the payment of a restoration fee of fifty dollars ($50.00) and the appropriate fee for a new registration plate is required. Any person, firm or corporation failing to give notice of termination shall be subject to a civil penalty of two hundred dollars ($200.00) to be assessed by the Commissioner of Insurance upon a finding by the Commissioner of Insurance that good cause is not shown for such failure to give notice of termination to the Division.
(f)	The Secretary shall provide for hearings upon request of persons aggrieved by orders or acts of the Secretary under the provisions of this Article."
Section 15.  G.S. 20-315 is repealed.
Section 16.  G.S. 20-320(2) is repealed.
Section 17.  G.S. 1-105 reads as rewritten:
"§ 1-105.  Service upon nonresident drivers of motor vehicles and upon the personal representatives of deceased nonresident drivers of motor vehicles.
The acceptance by a nonresident of the rights and privileges conferred by the laws now or hereafter in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways of this State, or at any other place in this State, or the operation by such nonresident of a motor vehicle on the public highways of this State or at any other place in this State, other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident of the Secretary of the Department of Transportation, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process in any action or proceeding against him or his executor or administrator, growing out of any accident or collision in which said nonresident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle on such public highways of this State, or at any other place in this State, and said acceptance or operation shall be a signification of his agreement that any such process against him or his executor or administrator shall be of the same legal force and validity as if served on him personally, or on his executor or administrator.
Service of such process shall be made in the following manner:
(1)	By leaving a copy thereof, with a fee of ten dollars ($10.00), in the hands of the Secretary of the Department of Transportation, or in his office.  Such service, upon compliance with the other provisions of this section, shall be sufficient service upon the said nonresident.
(2)	Notice of such service of process and copy thereof must be forthwith sent by certified or registered mail by plaintiff or the Secretary of the Department of Transportation to the defendant, and the entries on the defendant's return receipt shall be sufficient evidence of the date on which notice of service upon the Secretary of the Department of Transportation and copy of process were delivered to the defendant, on which date service on said defendant shall be deemed completed.  If the defendant refuses to accept the certified or registered letter, service on the defendant shall be deemed completed on the date of such refusal to accept as determined by notations by the postal authorities on the original envelope, and if such date cannot be so determined, then service shall be deemed completed on the date that the certified or registered letter is returned to the plaintiff or Secretary of the Department of Transportation, as determined by postal marks on the original envelope.  If the certified or registered letter is not delivered to the defendant because it is unclaimed, or because he has removed himself from his last known address and has left no forwarding address or is unknown at his last known address, service on the defendant shall be deemed completed on the date that the certified or registered letter is returned to the plaintiff or Secretary of the Department of Transportation.
(3)	The defendant's return receipt, or the original envelope bearing a notation by the postal authorities that receipt was refused, and an affidavit by the plaintiff that notice of mailing the registered letter and refusal to accept was forthwith sent to the defendant by ordinary mail, together with the plaintiff's affidavit of compliance with the provisions of this section, must be appended to the summons or other process and filed with said summons, complaint and other papers in the cause.
Provided, that where the nonresident motorist has died prior to the commencement of an action brought pursuant to this section, service of process shall be made on the executor or administrator of such nonresident motorist in the same manner and on the same notice as is provided in the case of a nonresident motorist.
The court in which the action is pending shall order such continuance as may be necessary to afford the defendant reasonable opportunity to defend the action."
Section 18.  G.S. 8-37 reads as rewritten:
"§ 8-37.  Certificate of Division of Motor Vehicles as to ownership of automobile.
In any civil or criminal action in which the ownership of a motor vehicle is relevant, evidence as to the letters and numbers appearing upon the registration plate attached to such vehicle or of the motor vehicle identification number, together with certified copies of records furnished pursuant to G.S. 20-42 by the Division of Motor Vehicles showing the name of the owner of the vehicle to which such registration plate or vehicle identification number is assigned, or a certified copy of the certificate of title for such motor vehicle on file with the Division of Motor Vehicles, is prima facie evidence of the ownership of such motor vehicle."
Section 19.  G.S. 44A-4(c) reads as rewritten:
"(c)	Private Sale. – Sale by private sale may be made in any manner that is commercially reasonable.  If the property upon which the lien is claimed is a motor vehicle, the sale may not be made until notice is given to the Division of Motor Vehicles pursuant to G.S. 20-114(c).  Not less than 30 days prior to the date of the proposed private sale, the lienor shall cause notice to be mailed, as provided in subsection (f) hereof, to the person having legal title to the property, if reasonably ascertainable, to the person with whom the lienor dealt if different, and to each secured party or other person claiming an interest in the property who is actually known to the lienor or can be reasonably ascertained.  Notices provided pursuant to subsection (b) hereof shall be sufficient for these purposes if such notices contain the information required by subsection (f) hereof.  The lienor shall not purchase, directly or indirectly, the property at private sale and such a sale to the lienor shall be voidable."
Section 20.  G.S. 44A-4(e) reads as rewritten:
"(e)	Public Sale. – 
(1)	Not less than 20 days prior to sale by public sale the lienor:
a.	Shall notify the Division of Motor Vehicles as provided in G.S. 20-114(c) if the property upon which the lien is claimed is a motor vehicle; and
a1.	Shall cause notice to be mailed to the person having legal title to the property if reasonably ascertainable, to the person with whom the lienor dealt if different, and to each secured party or other person claiming an interest in the property who is actually known to the lienor or can be reasonably ascertained, provided that notices provided pursuant to subsection (b) hereof shall be sufficient for these purposes if such notices contain the information required by subsection (f) hereof; and
b.	Shall advertise the sale by posting a copy of the notice of sale at the courthouse door in the county where the sale is to be held;
	and shall publish notice of sale once a week for two consecutive weeks in a newspaper of general circulation in the same county, the date of the last publication being not less than five days prior to the sale. The notice of sale need not be published if the vehicle has a market value of less than three thousand five hundred dollars ($3,500), as determined by the schedule of values adopted by the Division of Motor Vehicles under G.S. 105-187.3.
(2)	A public sale must be held on a day other than Sunday and between the hours of 10:00 A.M. and 4:00 P.M.:
a.	In any county where any part of the contract giving rise to the lien was performed, or
b.	In the county where the obligation secured by the lien was contracted for.
(3)	A lienor may purchase at public sale."
Section 21.  G.S. 66-58(b)(15) reads as rewritten:
"(15)	The State Department of Correction is authorized to purchase and install automobile license tag plant equipment for the purpose of manufacturing license tags for the State and local governments and for such other purposes as the Department may direct.
	The Division of Motor Vehicles and any other entity that exercises the authority to purchase automobile license tags is hereby directed to purchase from, and to contract with, the State Department of Correction for the State automobile license tag requirements from year to year.
	The price to be paid to the State Department of Correction for such tags shall be fixed and agreed upon by the Governor, the State Department of Correction, and the agency purchasing the tags."
Section 22.  G.S. 105-187.1 reads as rewritten:
"§ 105-187.1.  Definitions.
The following definitions and the definitions in G.S. 105-164.3 apply to this Article:
	 ”(2)	 ”Division. – The Division of Motor Vehicles, Department of Transportation.
(3)	 Long-term lease or ”rental. – A lease or rental made under a written agreement to lease or rent property to the same person for a period of at least 365 continuous days.
(4)	 Short-term lease or ”rental. – A lease or rental that is not a long-term lease or rental."
Section 23.  G.S. 105-187.3 reads as rewritten:
"§ 105-187.3.  Rate of tax.
(a)	Amount. – The rate of the use tax imposed by this Article is three percent (3%) of the retail value of a motor vehicle for which a certificate of title is issued. The tax is payable as provided in G.S. 105-187.4. The tax may not be more than one thousand dollars ($1,000) for each certificate of title issued for a Class A or Class B motor vehicle that is a commercial motor vehicle, as defined in G.S. 20-4.01. The tax may not be more than one thousand five hundred dollars ($1,500) for each certificate of title issued for any other motor vehicle.
(b)	Retail Value. – The retail value of a motor vehicle for which a certificate of title is issued because of a sale of the motor vehicle by a retailer is the sales price of the motor vehicle, including all accessories attached to the vehicle when it is delivered to the purchaser, less the amount of any allowance given by the retailer for a motor vehicle taken in trade as a full or partial payment for the purchased motor vehicle. The retail value of a motor vehicle for which a certificate of title is issued because of a sale of the motor vehicle by a seller who is not a retailer is the market value of the vehicle, less the amount of any allowance given by the seller for a motor vehicle taken in trade as a full or partial payment for the purchased motor vehicle. A transaction in which two parties exchange motor vehicles is considered a sale regardless of whether either party gives additional consideration as part of the transaction. The retail value of a motor vehicle for which a certificate of title is issued because of a reason other than the sale of the motor vehicle is the market value of the vehicle. The market value of a vehicle is presumed to be the value of the vehicle set in a schedule of values adopted by the Secretary of the Department of Transportation.
(c)	Schedules. – In adopting a schedule of values for motor vehicles, the Secretary of the Department of Transportation shall adopt a schedule whose values do not exceed the wholesale values of motor vehicles as published in a recognized automotive reference manual."
Section 24.  G.S. 105-187.4 reads as rewritten:
"§ 105-187.4.  Payment of tax.
(a)	Method. – The tax imposed by this Article must be paid to the Division when applying for a certificate of title for a motor vehicle.  The Division may not issue a certificate of title for a vehicle until the tax imposed by this Article has been paid.  The tax may be paid in cash or by check.
(b)	Sale by Retailer. – When a certificate of title for a motor vehicle is issued because of a sale of the motor vehicle by a retailer, the applicant for the certificate of title must attach a copy of the bill of sale for the motor vehicle to the application.  A retailer who sells a motor vehicle may collect from the purchaser of the vehicle the tax payable upon the issuance of a certificate of title for the vehicle, apply for a certificate of title on behalf of the purchaser, and remit the tax due on behalf of the purchaser. If a check submitted by a retailer in payment of taxes collected under this section is not honored by the financial institution upon which it is drawn because the retailer's account did not have sufficient funds to pay the check or the retailer did not have an account at the institution, the Division may suspend or revoke the license issued to the retailer under Article 12 of Chapter 20 of the General Statutes."
Section 25.  G.S. 105-187.8 reads as rewritten:
"§ 105-187.8.  Refund for return of purchased motor vehicle.
When a purchaser of a motor vehicle returns the motor vehicle to the seller of the motor vehicle within 90 days after the purchase and receives a vehicle replacement for the returned vehicle or a refund of the price paid the seller, whether from the seller or the manufacturer of the vehicle, the purchaser may obtain a refund of the privilege tax paid on the certificate of title issued for the returned motor vehicle.
To obtain a refund, the purchaser must apply to the Division for a refund within 30 days after receiving the replacement vehicle or refund of the purchase price.  The application must be made on a form prescribed by the Division and must be supported by documentation from the seller of the returned vehicle."
Section 26.  G.S. 105-187.10 reads as rewritten:
"§ 105-187.10.  Penalties and remedies.
(a)	Penalties.  – The penalty for bad checks in G.S. 105-236(1) applies to a check offered in payment of the tax imposed by this Article.  In addition, if a check offered to the Division in payment of the tax imposed by this Article is returned unpaid and the tax for which the check was offered, plus the penalty imposed under G.S. 105-236(1), is not paid within 30 days after the Division demands its payment, the Division may revoke the registration plate of the vehicle for which a certificate of title was issued when the check was offered.
(b)	Unpaid Taxes. – The remedies for collection of taxes in G.S. 20-99 apply to the taxes levied by this Article and collected by the Division.
(c)	Appeals. – A taxpayer who disagrees with the presumed value of a motor vehicle must pay the tax based on the presumed value, but may appeal the value to the Secretary of the Department of Transportation.  A taxpayer who appeals the value must provide two estimates of the value of the vehicle.  If the Secretary of the Department of Transportation finds that the value of the vehicle is less than the presumed value of the vehicle, the Division shall refund any overpayment of tax made by the taxpayer with interest at the rate specified in G.S. 105-241.1 from the date of the overpayment."
Section 27.  G.S. 105-449.54 reads as rewritten:
"§ 105-449.54.  Secretary of Department of Transportation made process agent of nonresident motor carriers.
The acceptance by a nonresident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident, either personally or through an agent or employee, on the public highways of this State, or the operation by such nonresident, either personally or through an agent or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall  be deemed equivalent to the appointment by such nonresident motor carrier of the Secretary of the Department of Transportation, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceeding or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions of this Article relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Said acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally, or on his executor or administrator. All of the provisions of G.S. 1-105 following the first paragraph thereof shall be applicable with respect to the service of process or notice pursuant to this section."
Section 28.  G.S. 110-91(a)(13) reads as rewritten:
"(13)	Transportation. – All child day care facilities shall abide by North Carolina law regulating the use of seat belts and child passenger restraint devices.  All vehicles operated by any facility staff person or volunteer to transport children shall be properly equipped with appropriate seat belts or child restraint devices as approved by the Secretary of the Department of Transportation.  Each adult and child shall be restrained by an appropriate seat safety belt or restraint device when the vehicle is in motion.  These restraint regulations do not apply to vehicles not required by federal law to be equipped with seat restraints.  All vehicles used to transport children shall meet and maintain the safety inspection standards of the Division of Motor Vehicles of the Department of Transportation and the facility shall comply with all other applicable State and federal laws and regulations concerning the operation of a motor vehicle. Children may never be left unattended in a vehicle.
The ratio of adults to children in child day care vehicles may not be less than the staff/child ratios prescribed by G.S. 110-91(7).  The Commission shall adopt standards for transporting children under the age of two, including standards addressing this particular age's staff/child ratio during transportation."
Section 29.  G.S. 143-166.13(a)(13) reads as rewritten:
"(13)	Members of License and Theft Enforcement Section, Division of Motor Vehicles, Department of Transportation, designated by the Secretary of the Department of Transportation as either ‘inspectors' or uniformed weigh station personnel;".
Section 30.  G.S. 147-33.2(8) reads as rewritten:
"(8)	At any time when the General Assembly is not in session, suspend, or modify, in whole or in part, generally or in its application to certain classes of persons, firms, corporations or circumstances, any law, rule or regulation with reference to the subjects hereinafter enumerated, when he shall find and proclaim after such study, investigation or hearings as he may direct, make or conduct, that the operation, enforcement or application of such law, or any part thereof, materially hinders, impedes, delays or interferes with the proper conduct of the war; said subjects being as follows:
a.	The use of the roads, streets, and highways of the State, with particular reference to speed limits, weights and sizes of motor vehicles, regulations of automobile lights and signals, transportation of munitions or explosives and parking or assembling of automobiles on highways or any other public place within the State; provided that any changes in the laws referred to in this subdivision shall be first approved by the Board of Transportation;
b.	Public health, insofar as suspension or modification of the laws in reference thereto may be stipulated by the United States Public Health Service or other authoritative agency of the United States government as being essential in the interest of national safety and in the successful prosecution of the war effort; provided that such suspension or modification of public health laws shall first be submitted to and approved by the Commission for Health Services;
c.	Labor and industry; provided, however, that any suspension or modification of laws regulating labor and industry shall be only such as are certified by the Commissioner of Labor of the State as being necessary in the interest of national safety and in the furtherance of the war program; and provided further that any such changes as may result in an increase in the hours of employment over and above the limits of the existing statutory provisions shall carry provision for adequate additional compensation; and provided, further, that no changes in such laws or regulations shall be made as affecting existing contracts between labor and management in this State except with the approval of the contracting parties;
d.	Whenever it should be certified by the Adjutant General of the State that emergency conditions require such procedure, the Governor, with the approval of the Council of State, shall have the power to call up and mobilize State militia in addition to the existing units of the State guard; to provide transportation and facilities for mobilization and full utilization of the State guard, or other units of militia, in such emergency; and to allocate from the Contingency and Emergency Fund such amounts as may be necessary for such purposes during the period of such emergency;
e.	Manufacture, sale, transportation, possession and use of explosives or fireworks, or articles in simulation thereof, and the sale, use and handling of firearms;".
Section 31. This act is effective when it becomes law.