Bill Text: NC S307 | 2015-2016 | Regular Session | Amended
Bill Title: Eliminate Tolling on Ferries/Appropriation
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-03-24 - Re-ref to Transportation. If fav, re-ref to Appropriations/Base Budget [S307 Detail]
Download: North_Carolina-2015-S307-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 307
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Short Title: Eliminate Tolling on Ferries/Appropriation. |
(Public) |
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Sponsors: |
Senators Sanderson and Cook (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate. |
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March 18, 2015
A BILL TO BE ENTITLED
AN ACT to eliminate the establishment of tolls on ferry routes and to annually appropriate five million dollars from the highway fund to the ferry capital improvement account.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑82 reads as rewritten:
"§ 136‑82. Department of Transportation to establish and maintain ferries.
(a) Powers of Department. – The Department of
Transportation is vested with authority to provide for the establishment and
maintenance of ferries connecting the parts of the State highway system,
whenever in its discretion the public good may require, and shall prescribe
and collect tolls on the ferry routes as established by the Board of
Transportation following the procedures set forth in this section.require.
(b) Establishment of Tolling. – The Board of
Transportation may establish tolls on any untolled ferry route as set forth in
this subsection. Prior to establishing tolls on an untolled ferry route, the
Board of Transportation must receive a resolution approved by the
Transportation Advisory Committee of each affected local transportation
planning organization requesting tolls on that route. No later than March 1,
2014, the Department shall hold a separate public hearing in the geographic
area of each untolled ferry route and invite each affected local transportation
planning organization. At the public hearing, the Department shall present an
explanation of the toll setting methodology, the impact of tolling on the
availability of funding for other local transportation priorities, and the
minimum and maximum toll rates. After the public hearing, an affected local
transportation planning organization may consider and adopt a ferry tolling
resolution. The Board of Transportation shall adopt the toll at its next
regularly scheduled meeting after receipt of the ferry tolling resolutions
required by this subsection. The Department shall collect the toll as soon as
is feasible following its adoption, but in no case more than 180 days after
adoption of the toll. The establishment of tolls by the Board of Transportation
pursuant to the authority granted in this section shall be exempt from the
provisions of Chapter 150B of the General Statutes. For purposes of this
section, "affected local transportation planning organization" means
any Metropolitan Planning Organization or Rural Transportation Planning
Organization with geographic jurisdiction over any part of an untolled ferry
route, and "untolled ferry route" means any ferry route for which no
tolls were in effect as of June 30, 2013.
(c) Revisions of Tolls. – The Department of
Transportation shall report to the Fiscal Research Division, the Joint
Legislative Transportation Oversight Committee, and all affected local
transportation planning organizations 30 days prior to any change in toll rates
or change in the toll setting methodology by the Board of Transportation.
(d) Use of Toll Proceeds. – The Department
of Transportation shall credit the proceeds from tolls collected on North
Carolina Ferry System routes and receipts generated under subsection (f) of
this section to reserve accounts within the Highway Fund for each of the
Highway Divisions in which system terminals are located and fares are earned.
For the purposes of this subsection, fares are earned based on the terminals
from which a passenger trip originates and terminates. Commuter pass receipts
shall be credited proportionately to each reserve account based on the
distribution of trips originating and terminating in each Highway Division. The
proceeds credited to each reserve account shall be used exclusively for
prioritized North Carolina Ferry System ferry passenger vessel replacement
projects in the Division in which the proceeds are earned. Proceeds may be used
to fund ferry passenger vessel replacement projects or supplement funds
allocated for ferry passenger vessel replacement projects approved in the
Transportation Improvement Program.
(e) Powers of Department. – To accomplish the purpose of this section, the Department of Transportation is authorized to acquire, own, lease, charter or otherwise control all necessary vessels, boats, terminals or other facilities required for the proper operation of the ferries or to enter into contracts with persons, firms or corporations for the operation thereof and to pay the reasonable sums that in the opinion of the Department of Transportation represent the fair value of the public service rendered.
(f) Authority to Generate Certain Receipts. – The
Department of Transportation, notwithstanding any other provision of law, may
operate or contract for the following receipt‑generating activities and
use the proceeds in accordance with subsection (f1) of this section for
ferry passenger vessel replacement projects in the manner set forth in
subsection (d) of this section:projects and other ferry system capital
needs:
(1) Operation of, concessions on the ferries and at ferry facilities to provide to passengers on the ferries food, drink, and other refreshments, personal comfort items, Internet access, and souvenirs publicizing the ferry system.
(2) Sponsorships, including, but not limited to, the sale of naming rights to any ferry vessel, ferry route, or ferry facility.
(3) Advertising on or within any ferry vessel or at any ferry facility, including, but not limited to, display advertising and advertising delivered to passengers through the use of video monitors, public address systems installed in passenger areas, and other electronic media.
(4) Any other receipt‑generating activity not otherwise forbidden by applicable law pertaining to public health or safety.
The Department may issue rules to implement this subsection.
(f1) Ferry Capital Improvement Account. – The following shall be credited to a reserve account in the Highway Fund which shall be designated as the Ferry Capital Improvement Account:
(1) Net receipts generated under subsection (f) of this section.
(2) Notwithstanding G.S. 136‑44.2(f1), the unallotted and unencumbered balances on the last day of the fiscal year of funds appropriated from the Highway Fund to the Ferry Division.
(3) Any other funds available from appropriations by the General Assembly or from contributions and grants from public or private sources.
Funds credited to the account shall be used for prioritized improvements to the vessels and facilities of the North Carolina Ferry System, including ferry passenger vessel replacement projects.
(g) Confidentiality of Personal Information. –
Identifying information obtained by the Department related to operation of the
ferry system is not a public record under Chapter 132 of the General Statutes
and is subject to the disclosure limitations in 18 U.S.C. § 2721 of the federal
Driver's Privacy Protection Act. The Department shall maintain the
confidentiality of all information required to be kept confidential under 18
U.S.C. § 2721(a), as well as any financial information, transaction history,
and information related to the collection of a toll or user fee from a
person, including, but not limited to, photographs or other recorded images or
automatic vehicle identification or driver account information generated by
radio‑frequency identification or other electronic means. The Department
may use identifying information only for purposes of collecting and enforcing tolls.user
fees. Nothing in this section is intended to limit the right of any person
to examine that person's own account information, or the right of any party, by
authority of a proper court order, to inspect and examine identifying
information."
SECTION 2. G.S. 136‑44.2(f1)(2)a. reads as rewritten:
"a. Funds appropriated from the Highway Fund for
the multimodal programs of the Department, consisting of funds for bicycle and
pedestrian, ferry, railroad, aviation, and public transportation programs,
excluding funds deposited in (i) the Freight Rail & Rail Crossing
Safety Improvement Fund.Fund or (ii) the Ferry Capital Improvement
Account."
SECTION 3. The Board of Transportation shall cease collecting ferry tolls on the effective date of this act and shall take action as expeditiously as possible to repeal its regulations implementing ferry tolls. Prepaid tolls or commuter pass payments received by the Department of Transportation for ferry trips on or after the effective date of this act shall be refunded or, in the case of prepaid commuter passes, partially refunded based on the proportion of the time period covered by the commuter pass for which tolls were in effect.
SECTION 4. Notwithstanding G.S. 143C‑5‑2, there is appropriated from the Highway Fund to the Ferry Capital Improvement Account the sum of five million dollars ($5,000,000) in recurring funds for the 2015‑2016 fiscal year to be used for purposes consistent with G.S. 136‑82(f1), as enacted by Section 1 of this act.
SECTION 5. This act becomes effective July 1, 2015.
