Title: House Bill 611-Second Edition
Category: Introduced Bill 2011

General Assembly of North Carolina	Session 2013

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H	2
HOUSE BILL 611
Second Edition Engrossed 5/7/13

Short Title:	Suspension Removed When Eligibility Met. | (Public)

Sponsors:

Representative W. Brawley (Primary Sponsor).
For a complete list of Sponsors, see Bill Information on the NCGA Web Site.

Referred to: | Judiciary Subcommittee B.
April 9, 2013

A BILL TO BE ENTITLED
AN ACT to require the division of motor vehicles to expunge suspensions and revocations entered on a limited permittee or provisional licensee's driving record if the student provides the required documentation to the Division that the student meets the eligibility REQUIREMENTS and if the limited permittee or provisional licensee has never had a prior expunction from the permittee's driving record.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑13.2(c1) reads as rewritten:
"(c1)	Upon receipt of notification from the proper school authority that a person no longer meets the requirements for a driving eligibility certificate under G.S. 20‑11(n), the Division must expeditiously notify the person that his or her permit or license is revoked effective on the tenth calendar day after the mailing of the revocation notice. The Division must revoke the permit or license of that person on the tenth calendar day after the mailing of the revocation notice. Notwithstanding subsection (d) of this section, the length of revocation must last for the following periods:
(1)	If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20‑11(n)(1), then the revocation shall last until the person's eighteenth birthday.
(2)	If the revocation is because of ineligibility for a driving eligibility certificate under G.S. 20‑11(n1), then the revocation shall be for a period of one year.
For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20‑11(n)(1), the Division must restore a person's permit or license before the person's eighteenth birthday, if the person submits to the Division one of the following:
(1)	A high school diploma or its equivalent.
(2)	A driving eligibility certificate as required under G.S. 20‑11(n).
If the Division restores a permit or license that was revoked due to ineligibility for a driving eligibility certificate under G.S. 20-11(n)(1), any record of revocation or suspension shall be expunged by the Division from the person's driving record. The Division shall not expunge a suspension or revocation record if a person has had a prior expunction from the person's driving record for any reason.  
For a person whose permit or license was revoked due to ineligibility for a driving eligibility certificate under G.S. 20‑11(n1), the Division shall restore a person's permit or license before the end of the revocation period, if the person submits to the Division a driving eligibility certificate as required under G.S. 20‑11(n).
Notwithstanding any other law, the decision concerning whether a driving eligibility certificate was properly issued or improperly denied shall be appealed only as provided under the rules adopted in accordance with G.S. 115C‑12(28), 115D‑5(a3), or 115C‑566, whichever is applicable, and may not be appealed under this Chapter."
SECTION 2.  This act becomes effective December 1, 2013, and applies to reinstatements occurring on or after that date.

Page 	 	House Bill 611-Second Edition

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