Marking of Motor Vehicles Owned by Area Authorities

Subject:

Requested By: Sarah T. Morrow, M.D., M.P.H. Secretary Department of Human Resources

Question: Does G.S. 14-250 requiring certain publicly owned vehicles to be marked apply to vehicles owned by an area mental health, mental retardation and substance abuse authority?

Conclusion: No.

As pertaining to this inquiry, G.S. 14-250 provides as follows:

"It shall be the duty of the executive head of every department of the State government, and of any county, or of any institution or agency of the State, to have painted on every motor vehicle owned by the State, or by any county, or by any institution or agency of the State, a statement that such car belongs to the State or to some county, or institution or agency of the State.

By statutory definition, an area mental health, mental retardation and substance abuse authority is a local political subdivision of the State. (G.S. 122-35.36(1)). Title to the type of personal property described in the present query is held by the area authority. (G.S. 122-35.53).

Prior opinions of the Attorney General have been consonant with these statutory provisions (or their predecessors) and have been based upon the premise that an area authority is a separate entity from the State and from the county. See, 47 N.C.A.G. 8 (1977); 44 N.C.A.G. 185 (1975); 45 N.C.A.G. 120 (1975); 42 N.C.A.G. 120(1972); 45 N.C.A.G. 70 (1975). As a result, an area mental health, mental retardation and substance abuse authority does not fall within the provisions of G.S. 14-250.

Rufus L. Edmisten Attorney General

William F. O’Connell Special Deputy Attorney General