Bill Summary for S 771 (2017-2018)

Summary date: 

May 29 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 771 (Public) Filed Tuesday, May 29, 2018
AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Intro. by Barringer, Bishop, Edwards.

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Bill summary

Identical to H 1025, filed 5/29/18.

Makes technical and clarifying changes to GS 14-151, concerning interference with gas, electric, and steam appliances or meters. Makes language gender-neutral. Applies to violations committed on or after the effective date of the act.

Makes technical and clarifying changes to GS 20-9, concerning persons who cannot be licensed to drive by the Division of Motor Vehicles (DMV). Makes language gender-neutral.

Makes technical and clarifying changes to GS 20-37.7, concerning the issuance of special identification cards by the DMV.

Repeals Section 4 of SL 1989-168, which modifies the statutory reference regarding hazardous waste in GS 20-111(c)(10) (intended to amend GS 20-118(c)(10)). Makes technical, clarifying, and organizational changes to GS 20-118, concerning weight limitations of vehicles and loads on state highways. Further amends the statute to correct the statutory reference in subsubsection (c)(10) to refer to vehicles transporting hazardous waste as defined in GS 130A-290(a)(8) instead of GS 130A-290(4). Also, makes language gender-neutral.

Makes technical and clarifying changes to GS 39-23.1, which sets forth defined terms applicable to Article 3A of GS Chapter 39 (the Uniform Voidable Transactions Act). Removes the term "voidable transaction" from the statute.

Makes technical and clarifying changes to GS 39-23.8, concerning driving while license revoked or while disqualified.

Amends GS 44A-11.2, concerning identification of and notices to lien agents, by making technical and clarifying changes. Changes to the portion of the statute that goes into effect on October 1, 2018, also do not go into effect until that date.

Amends GS 48-3-303, concerning the content and timing of preplacement assessments, to require that the preplacement (was, replacement) assessment state concerns that support the determination that an individual is not suitable to be an adoptive parent.

Amends GS 59-32, which contains the definition of terms used in Chapter 59, concerning partnerships, to make organizational, technical, and clarifying changes.

Amends Article 7B of GS Chapter 120 to change the name of the Research Division to the Legislative Analysis Division.

Repeals Article 18A of GS Chapter 136, which was the North Carolina and South Carolina Rail Compact Act.

Amends GS 150B-1, concerning exemptions from rule making by deleting extraneous language.

Amends GS 150B-21.11, concerning procedure when a permanent rule is approved, by deleting extraneous language.

Amends Section 16D.4 of SL 2017-57, Appropriations Act of 2017, by correcting cross references to other provisions in the section, thereby correctly referring to sections concerning the development and implementation of education and training.

Amends Section 16D.4(tt) of SL 2017-57 by amending the effective date provision to clarify that it refers only to the section and not the act itself.

Repeals SL 2017-206, Section 7(b), which amended Section 31.7(b) of SL 2015-241 to change the due dates of reports on the status of agency capital projects from October 1, 2015, to October 15, 2017.

Amends Section 36.7(b) of SL 2017-57 to delay the due dates of reports on the status of agency capital projects from October 1, 2017, to October 15, 2017.

Amends GS 32C-1-108 to provide that the power of attorney executed by a principal is not terminated and the agent’s authority continues unless suspended or terminated by the clerk of superior court pursuant to GS 32C-1-116(a)(2) or terminated by the guardian of the principal’s estate or general guardian pursuant to GS 32C-1-110(a)(7) or GS 32C-1-110(b)(5) (was, the power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court in accordance with GS Chapter 32C). Amends GS 32C-1-116 by making clarifying changes and removing references to a clerk of superior court limiting an agent’s authority over a power of attorney when a guardian of the estate or a general guardian has been appointed.

Amends GS 32C-1-109, concerning when power of attorney is effective, to change statutory cross references from GS 32C-1-105(5)a and b to GS 32C-1-106(6)a and b. Amends GS 32C-1-116, concerning judicial relief, to correct the statutory cross reference from GS 32C-1-102(5) to GS 32C-1-102(6).

Amends GS 32C-1-110, concerning the termination of power to attorney, to add references to a subsequent power of attorney revoking a previous power of attorney. Makes conforming changes.

Amends GS 32C-1-112 to specify that an agent is entitled to reimbursement of expenses incurred on behalf of the principal, upon request to the clerk of superior court.

Amends GS 32C-1-114, concerning an agent’s duties, to no longer require accounting to the principal or a designated person. Also adds that a designated person, in addition to the principal, may request that an agent disclose receipts, disbursements, or transactions conducted on behalf of the principal. Amends GS 32C-3-301, containing the statutory form power of attorney, by making conforming changes.

Amends GS 32C-4-403 to provide that the rule of GS 32C-1-104 regarding durability of a power of attorney applies to powers of attorney executed before January 1, 2018, unless there is a clear indication of a contrary intent or if application of the rule of construction or presumption would substantially impair rights of a party created under state law in effect before January 1, 2018.

Amends GS 90-21.13, concerning informed consent to health care treatment or procedure, and GS 90-322, concerning procedures for natural death in the absence of a declaration, to no longer require agents to have been appointed pursuant to GS Chapter 32C.

Requires the Revisor of Statutes to print, as annotations to the published General Statutes, all explanatory comments of the drafters, as the Revisor deems appropriate.

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