Bill Text: NC S771 | 2017-2018 | Regular Session | Amended
Bill Title: GSC Technical Corrections 2018
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-05-30 - Ref To Com On Rules and Operations of the Senate [S771 Detail]
Download: North_Carolina-2017-S771-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 771*
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Short Title: GSC Technical Corrections 2018. |
(Public) |
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Sponsors: |
Senators Barringer, Bishop, and Edwards (Primary Sponsors). |
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Referred to: |
Rules and Operations of the Senate |
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May 30, 2018
A BILL TO BE ENTITLED
AN ACT to make technical corrections to the general statutes, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
Part i. General technical corrections
SECTION 1.(a) G.S. 14‑151 reads as rewritten:
"§ 14‑151. Interfering with gas, electric electric,
and steam appliances or meters; penalties.
(a) It shall be is
unlawful for any person to willfully, with intent to injure or defraud,
commit any of the following acts:
(1) Connect a tube, pipe, wire
wire, or other instrument or contrivance with a pipe or wire used
for conducting or supplying illuminating gas, fuel, natural gas gas, or
electricity in such a manner as to supply such the gas or
electricity to any burner, orifice, lamp lamp, or motor where the
same gas or electricity is or can be burned or used without
passing through the meter or other instrument provided for registering the
quantity consumed.
(2) Obstruct, alter, bypass,
tamper with, injure injure, or prevent the action of a meter or
other instrument used to measure or register the quantity of illuminating fuel,
natural gas, water, or electricity passing through such the meter
by a person other than an employee of the company owning or supplying any gas,
water, or electric meter, who willfully shall detach or disconnect detaches
or disconnects such the meter, or make or report makes
or reports any test of, or examine examines for the purpose
of testing any meter so detached or disconnected.
(3) In any manner whatever
change, extend extend, or alter any service or other pipe, wire
wire, or attachment of any kind, connecting with or through which
natural or artificial gas or electricity is furnished from the gas mains or
pipes of any person, without first procuring from said the person
written permission to make such the change, extension extension,
or alterations.
(4) Make any connection or
reconnection with the gas mains, water pipes, service pipes pipes, or
wires of any person, furnishing to consumers natural or artificial gas, water,
or electricity, or turn on or off or in any manner interfere with any valve or
stopcock or other appliance belonging to such that person, and
connected with his the person's service or other pipes or wires,
or enlarge the orifices of mixers, or use natural gas for heating purposes
except through mixers, or electricity for any purpose without first procuring
from such the person a written permit to turn on or off such the
stopcock or valve, or to make such the connection or
reconnections, or to enlarge the orifice of mixers, or to use for heating
purposes without mixers, or to interfere with the valves, stopcocks, wires wires,
or other appliances of such, them, as the case may be.
(5) Retain possession of or
refuse to deliver any mixer, meter, lamp lamp, or other appliance
which may be leased or rented by any person, for the purpose of furnishing gas,
water, electricity electricity, or power through the same, appliance,
or sell, lend lend, or in any other manner dispose of the same
appliance to any person other than such the person
entitled to the possession of the same.appliance.
(6) Set on fire any gas
escaping from wells, broken or leaking mains, pipes, valves valves, or
other appliances used by any person in conveying gas to consumers, or interfere
in any manner with the wells, pipes, mains, gateboxes, valves, stopcocks,
wires, cables, conduits conduits, or any other appliances, machinery
machinery, or property of any person engaged in furnishing gas to
consumers unless employed by or acting under the authority and direction of such
that person.
(7) Open or cause to be opened, or reconnect or cause to be reconnected any valve lawfully closed or disconnected by a district steam corporation.
(8) Turn on steam or cause it
to be turned on or to reenter any premises when the same steam has
been lawfully stopped from entering such the premises.
(9) Reconnect electricity, gas, or water connections or otherwise turn back on one or more of those utilities when they have been lawfully disconnected or turned off by the provider of the utility.
(10) Alter, bypass, interfere
with, or cut off any load management device, equipment, or system which has
been installed by the electricity supplier for the purpose of limiting the use
of electricity at peak‑load periods, provided, however, if periods.
However, if there has been a written request to remove the load management
device, equipment, or system to the electric supplier and the electric supplier
has not removed the device within two working days, there shall be is
no violation of this section.
(b) Any meter or service
entrance facility found to have been altered, tampered with, or bypassed in a
manner that would cause such the meter to inaccurately measure
and register the electricity, gas, or water consumed or which would cause the
electricity, gas, or water to be diverted from the recording apparatus of the
meter shall be is prima facie evidence of intent to violate and
of the violation of this section by the person in whose name such the
meter is installed or the person or persons so using or receiving the
benefits of such the unmetered, unregistered, or diverted
electricity, gas, or water.
(c) For the purposes of this
section, the term "gas" shall mean means all types and
forms of gas, including, but not limited to, natural gas.
(d) Criminal violations of
this section shall be are punishable as follows:
(1) A violation of this section is a Class 1 misdemeanor.
(2) A second or subsequent violation of this section is a Class H felony.
(3) A violation of this section that results in significant property damage or public endangerment is a Class F felony.
(4) Unless the conduct is covered under some other provision of law providing greater punishment, a violation that results in the death of another is a Class D felony.
(e) [Whoever is found in
a civil action to have violated any provision] Whoever is found in a
civil action to have violated any provision of this section [shall be
liable to the electric, gas or water supplier in triple the amount of losses
and damages sustained or five] is liable to the electric, gas, or water
supplier in triple the amount of losses and damages sustained or five thousand
[dollars] dollars ($5,000), [whichever is greater].whichever
is greater.
(f) Nothing in this section shall
be construed to apply applies to licensed contractors while
performing usual and ordinary services in accordance with recognized customs
and standards."
SECTION 1.(b) This section applies to violations committed on or after the effective date of this act.
SECTION 2.(a) G.S. 20‑9 reads as rewritten:
"§ 20‑9. What persons shall not be licensed.
(a) To obtain a regular drivers license, a person must have reached the minimum age set in the following table for the class of license sought:
Class of Regular License Minimum Age
Class A 18
Class B 18
Class C 16
G.S. 20‑37.13 sets the age qualifications for a commercial drivers license.
(b) The Division shall not
issue a driver's drivers license to any person whose license has
been suspended or revoked during the period for which the license was suspended
or revoked.
(b1) The Division shall not issue a drivers license to any person whose permit or license has been suspended or revoked under G.S. 20‑13.2(c1) during the suspension or revocation period, unless the Division has restored the person's permit or license under G.S. 20‑13.2(c1).
(c) The Division shall not
issue a driver's drivers license to any person who is an habitual
drunkard or is an habitual user of narcotic drugs or barbiturates, whether or
not such the use be is in accordance with the
prescription of a physician.
(d) Repealed by Session Laws 2012‑194, s. 8, effective July 17, 2012.
(e) The Division shall not
issue a driver's drivers license to any person when in the
opinion of the Division the person is unable to exercise reasonable and
ordinary control over a motor vehicle while operating the vehicle upon the
highways, nor shall a license be issued to any person who is unable to
understand highway warnings or direction signs.
(f) The Division shall not
issue a driver's drivers license to any person whose license or
driving privilege is in a state of cancellation, suspension suspension,
or revocation in any jurisdiction, if the acts or things upon which the
cancellation, suspension suspension, or revocation in such the
other jurisdiction was based would constitute lawful grounds for
cancellation, suspension suspension, or revocation in this State
had those acts or things been done or committed in this State; provided,
however, State. However, any such cancellation shall not prohibit
issuance for a period in excess of 18 months.
(g) The Division may issue a
restricted or unrestricted driver's drivers license under the
following conditions to an otherwise eligible applicant suffering from a
physical or mental disability or disease that affects his or her ability to
exercise reasonable and ordinary control of a motor vehicle:
(1) The applicant submits to
the Division a certificate in the form prescribed in subdivision (2). (2)
of this subsection. The Division may request the certificate at the
applicant's initial application, at any time following the issuance of the
license, or at the initial application and any time following the issuance of
the license. Until a license issued under this subdivision expires, is
cancelled, or is revoked, the license continues in force as long as the
licensee presents to the Division a certificate in the form prescribed in
subdivision (2) of this subsection at the intervals determined by the Division
to be in the best interests of public safety.
…
(3) The Commissioner is not
bound by the recommendation of the examining health care provider but shall
give fair consideration to such the recommendation in exercising
his or her discretion in making licensing decisions, the criterion being
whether or not, upon all the evidence, it appears that it is safe to permit the
applicant or licensee to operate a motor vehicle. The burden of proof of such
this fact is upon the applicant or licensee. In deciding whether to
issue, restrict, cancel, or deny a license, the Commissioner may be guided by
the opinion of experts in the field of diagnosing and treating the specific
physical or mental disability or disease suffered by an applicant or licensee
and the experts may be compensated for their services on an equitable basis.
The Commissioner may also take into consideration any other factors which bear
on the issue of public safety.
(4) Whenever a license is
restricted, cancelled, or denied by the Commissioner on the basis of a physical
or mental disability or disease, the action may be reviewed by a reviewing
board upon written request of the applicant or licensee filed with the Division
within 10 days after receipt of notice given in accordance with G.S. 20‑48
of the action taken. The reviewing board shall consist of the Commissioner or his
the Commissioner's authorized representative and at least two
medical professionals selected by the Commissioner and duly licensed to
practice medicine by the appropriate licensing authority in the State. The
medical professionals selected by the Commissioner may be compensated for their
services on an equitable basis, including reimbursement for ordinary and
necessary travel expenses. The Commissioner or his the Commissioner's
authorized representative, plus any two medical professionals selected by
the Commissioner, shall constitute a quorum. The procedure for hearings
authorized by this section shall be as follows:
a. Applicants shall be
afforded an opportunity for hearing, after reasonable notice of not less than
10 days, before the review board established by this subdivision. The notice
shall be in writing and shall be delivered to the applicant in person or sent
by certified mail, with return receipt requested. The notice shall state the
time, place, and subject of the hearing. If a hearing is requested under this
subdivision to contest a restriction placed on a license under subdivision (3)
of this subsection, the restriction shall be stayed unless the Division
determines there is an imminent threat to public safety if continued
unrestricted driving is permitted. No stay shall be granted if a hearing is
requested under this subdivision to contest a denial or cancellation of a
license under subdivision (3) of this subsection. Nothing in this sub‑subdivision
shall be construed as authorizing authorizes the stay of a restriction
placed on a license pursuant to another provision of law.
b. The review board may
compel the attendance of witnesses and the production of such books, records
records, and papers as it desires at a hearing authorized by the this
section. Upon request of an applicant or licensee, a subpoena to compel the
attendance of any witness or a subpoena duces tecum to compel the production of
any books, records, or papers shall be issued by the board. Subpoenas shall be
directed to the sheriff of the county where the witness resides or is found and
shall be served and returned in the same manner as a subpoena in a criminal
case. Fees of the sheriff and witnesses shall be the same as that allowed in
the district court in cases before that court and shall be paid in the same
manner as other expenses of the Division of Motor Vehicles are paid. In any
case of disobedience or neglect of any subpoena served on any person, or the
refusal of any witness to testify to any matters regarding which he the
witness may be lawfully interrogated, the district court or superior court
where such the disobedience, neglect neglect, or
refusal occurs, or any judge thereof, on application by the board, shall compel
obedience or punish as for contempt.
c. A hearing may be continued upon motion of the applicant or licensee for good cause shown with approval of the board or upon order of the board.
d. The board shall pass upon
the admissibility of evidence at a hearing but the applicant or licensee
affected may at the time object to the board's ruling, and, if evidence offered
by an applicant or licensee is rejected rejected, the party may
proffer the evidence, and such the proffer shall be made a part
of the record. The board shall not be bound by common law or statutory rules of
evidence which prevail in courts of law or equity and may admit and give
probative value to evidence which possesses probative value commonly accepted
by reasonably prudent persons in the conduct of their affairs. They It
may exclude incompetent, immaterial, irrelevant irrelevant, and
unduly repetitious evidence. Uncontested facts may be stipulated by agreement
between an applicant or licensee and the board board, and
evidence relating thereto to stipulated facts may be excluded.
All evidence, including records and documents in the possession of the Division
of Motor Vehicles or the board, of which the board desires to avail itself
shall be made a part of the record. Documentary evidence may be received in the
form of copies or excerpts, or by incorporation by reference. The board shall
prepare an official record, which shall include testimony and exhibits. A
record of the testimony and other evidence submitted shall be taken, but it
shall not be necessary to transcribe shorthand notes or electronic recordings
unless requested for purposes of court review.
…
h. All records and evidence
collected and compiled by the Division and the reviewing board shall not be
considered public records within the meaning of Chapter 132 of the General
Statutes of North Carolina and may be made available to the public only
upon an order of a court of competent jurisdiction. An applicant or licensee
may obtain, without a court order, a copy of records and evidence collected and
compiled under this subdivision about the applicant or licensee by submitting a
written request to the Division, signing any release forms required by the
Division, and remitting the required fee set by the Division. All information
furnished by, about, or on behalf of an applicant or licensee under this
section shall be without prejudice and shall be for the use of the Division,
the reviewing board board, or the court in administering this
section and shall not be used in any manner as evidence, or for any other
purposes in any trial, civil or criminal. The prohibition on release and use
under this sub‑subdivision applies without regard to who authored or
produced the information collected, compiled, and used by the Division under
this subdivision.
(h) The Division shall not issue a drivers license to an applicant who currently holds a license to drive issued by another state unless the applicant surrenders the license.
(i) The Division shall not issue a drivers license to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection:
…
(4) Any person denied a
license or whose license has been revoked by the Division pursuant to this
subsection shall have has a right to file a petition within 30
days thereafter for a hearing in the matter in the superior court of the county
wherein such person shall reside, where the person resides, or to
petition the resident judge of the district or judge holding the court
of that district, or special or emergency judge holding a court in such the
district, and such the court or judge is hereby vested with jurisdiction,
and it shall be its or his duty to jurisdiction. The court or judge
shall set the matter for hearing upon 30 days' written notice to the Division,
and thereupon to Division. At the hearing, the court or judge shall take
testimony and examine into the facts of the case and to shall determine
whether the petitioner is entitled to a license under the provisions of this
subsection and whether the petitioner is in violation of G.S. 20‑30."
SECTION 2.(b) G.S. 20‑37.7 reads as rewritten:
"§ 20‑37.7. Special identification card.
…
(b1) Search National Sex Offender Public Registry. – The Division shall not issue a special identification card to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection:
…
(4) Any person denied a
special identification card by the Division pursuant to this subsection shall
have has a right to file a petition within 30 days thereafter for a
hearing in the matter in the superior court of the county wherein such
person shall reside, where the person resides, or to petition the
resident judge of the district or judge holding the court of that district, or
special or emergency judge holding a court in such the district,
and such the court or judge is hereby vested with jurisdiction,
and it shall be its or his duty to jurisdiction. The court or judge
shall set the matter for hearing upon 30 days' written notice to the Division,
and thereupon to Division. At the hearing, the court or judge shall take
testimony and examine into the facts of the case and to shall determine
whether the petitioner is entitled to a special identification card under the
provisions of this subsection and whether the petitioner is in violation of
G.S. 20‑37.8.
(c) Format. – A special identification card shall include a color photograph of the special identification card holder and shall be similar in size, shape, and design to a drivers license, but shall clearly state that it does not entitle the person to whom it is issued to operate a motor vehicle. A special identification card issued to an applicant must have the same background color that a drivers license issued to the applicant would have.
(d) Expiration and Fee. – A special identification card issued to a person for the first time under this section expires when a drivers license issued on the same day to that person would expire. A special identification card renewed under this section expires when a drivers license renewed by the card holder on the same day would expire.
The fee for a special identification card is the same as the fee set in G.S. 20‑14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows:
…
(3) The applicant or who has
been issued a drivers license but the drivers license is cancelled under
G.S. 20‑15, in accordance with G.S. 20‑9(e) and (g), as a
result of a physical or mental disability or disease.
…."
SECTION 3.(a) Section 4 of Chapter 168 of the 1989 Session Laws is repealed.
SECTION 3.(b) G.S. 20‑118 reads as rewritten:
"§ 20‑118. Weight of vehicles and load.
(a) For the purposes of this
section, the following definitions shall apply:
(1) Single‑axle weight. – The gross weight
transmitted by all wheels whose centers may be included between two parallel
transverse vertical planes 40 inches apart, extending across the full width of
the vehicle.
(2) Tandem‑axle weight. – The gross weight
transmitted to the road by two or more consecutive axles whose centers may be
included between parallel vertical planes spaced more than 40 inches and not
more than 96 inches apart, extending across the full width of the vehicle.
(3) Axle group. – Any two or more consecutive axles on a vehicle or combination of vehicles.
(4) Gross weight. – The weight of any single axle, tandem axle, or axle group of a vehicle or combination of vehicles plus the weight of any load thereon.
(5) Light‑traffic roads. – Any highway on the State Highway System, excepting routes designated I, U.S. or N.C., posted by the Department of Transportation to limit the axle weight below the statutory limits.
(6) Single axle weight. – The gross weight transmitted by all wheels whose centers may be included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
(7) Tandem axle weight. – The gross weight transmitted to the road by two or more consecutive axles whose centers may be included between parallel vertical planes spaced more than 40 inches and not more than 96 inches apart, extending across the full width of the vehicle.
(b) The following weight
limitations shall apply to vehicles operating on the highways of the
State:
(1) The single‑axle weight of a vehicle or combination of vehicles shall not exceed 20,000 pounds.
(2) The tandem‑axle weight of a vehicle or combination of vehicles shall not exceed 38,000 pounds.
(3) The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance Maximum Weight in Pounds for any Group of Two
Between or More Consecutive Axles
Axles* 2 Axles 3 Axles 4 Axles 5 Axles 6 Axles 7 Axles
4 38000
5 38000
6 38000
7 38000
8 or
less 38000 38000
more
than 8 38000 42000
9 39000 42500
10 40000 43500
11 44000
12 45000 50000
13 45500 50500
14 46500 51500
15 47000 52000
16 48000 52500 58000
17 48500 53500 58500
18 49500 54000 59000
19 50000 54500 60000
20 51000 55500 60500 66000
21 51500 56000 61000 66500
22 52500 56500 61500 67000
23 53000 57500 62500 68000
24 54000 58000 63000 68500 74000
25 54500 58500 63500 69000 74500
26 55500 59500 64000 69500 75000
27 56000 60000 65000 70000 75500
28 57000 60500 65500 71000 76500
29 57500 61500 66000 71500 77000
30 58500 62000 66500 72000 77500
31 59000 62500 67500 72500 78000
32 60000 63500 68000 73000 78500
33 64000 68500 74000 79000
34 64500 69000 74500 80000
35 65500 70000 75000
36 66000** 70500 75500
37 66500** 71000 76000
38 67500** 72000 77000
39 68000 72500 77500
40 68500 73000 78000
41 69500 73500 78500
42 70000 74000 79000
43 70500 75000 80000
44 71500 75500
45 72000 76000
46 72500 76500
47 73500 77500
48 74000 78000
49 74500 78500
50 75500 79000
51 76000 80000
52 76500
53 77500
54 78000
55 78500
56 79500
57 80000
* Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
** See exception in G.S. 20‑118(c)(1).subdivision
(c)(1) of this section.
(4) The Department of
Transportation may establish light‑traffic roads and further restrict the
axle weight limit on such light‑traffic roads lower than the statutory
limits. The Department of Transportation shall have has the authority
to designate any highway on the State Highway System, excluding routes designated
by I, U.S. and N.C., as a light‑traffic road when in the opinion of the
Department of Transportation, such the road is inadequate to
carry and will be injuriously affected by vehicles using the said road
carrying the maximum axle weight. All such roads so designated shall be
conspicuously posted as light‑traffic roads and the maximum axle weight
authorized shall be displayed on proper signs erected thereon.
(c) Exceptions. – The
following exceptions apply to G.S. 20‑118(b) and 20‑118(e).subsections
(b) and (e) of this section:
…
(2) When a vehicle is
operated in violation of G.S. 20‑118(b)(1), 20‑118(b)(2),
or 20‑118(b)(3), subdivision (b)(1), (b)(2), or (b)(3) of this
section, but the gross weight of the vehicle or combination of vehicles
does not exceed that permitted by G.S. 20‑118(b)(3), subdivision
(b)(3) of this section, the owner of the vehicle shall be permitted to
shift the load within the vehicle, without penalty, from one axle to another to
comply with the weight limits in the following cases:
a. Where the single‑axle load exceeds the statutory limits, but does not exceed 21,000 pounds.
b. Where the vehicle or combination of vehicles has tandem axles, but the tandem‑axle weight does not exceed 40,000 pounds.
(3) When a vehicle is
operated in violation of G.S. 20‑118(b)(4) subdivision
(b)(4) of this section, the owner of the vehicle shall be permitted,
without penalty, to shift the load within the vehicle from one axle to another
to comply with the weight limits where the single‑axle weight does not
exceed the posted limit by 2,500 pounds.
(4) A truck or other motor
vehicle shall be exempt from such the light‑traffic road
limitations provided for pursuant to G.S. 20‑118(b)(4), subdivision
(b)(4) of this section, when transporting supplies, material material,
or equipment necessary to carry out a farming operation engaged in the
production of meats and agricultural crops and livestock or poultry by‑products
or a business engaged in the harvest or processing of seafood when the
destination of such the vehicle and load is located solely upon said
a light‑traffic road.
…
(6) A truck or other motor
vehicle shall be exempt from such the light‑traffic road
limitations provided by G.S. 20‑118(b)(4) subdivision
(b)(4) of this section when such the motor vehicles are
owned, operated by or under contract to a public utility, electric or telephone
membership corporation or municipality and such motor vehicles are used
in connection with installation, restoration restoration, or
emergency maintenance of utility services.
(7) A wrecker may tow any
disabled truck or other motor vehicle or combination of vehicles to a place for
repairs, parking, or storage within 50 miles from the point that the vehicle
was disabled and may tow a truck, tractor, or other replacement vehicle to the
site of the disabled vehicle without being in violation of G.S. 20‑118
this section provided that the wrecker and towed vehicle or
combination of vehicles otherwise meet all requirements of this section.
(8) A firefighting vehicle
operated by any member of a municipal or rural fire department in the
performance of his the member's duties, regardless of whether
members of that fire department are paid or voluntary voluntary, and
any vehicle of a voluntary lifesaving organization, when operated by a member
of that organization while answering an official call call, shall
be exempt from such the light‑traffic road limitations
provided by G.S. 20‑118(b)(4).subdivision (b)(4) of this
section.
(9) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 12.
(10) Fully enclosed motor
vehicles designed specifically for collecting, compacting compacting,
and hauling garbage from residences, residences or from
garbage dumpsters shall, when operating for those purposes, be allowed a single
axle weight not to exceed 23,500 pounds on the steering axle on vehicles
equipped with a boom, or on the rear axle on vehicles loaded from the rear.
This exemption shall does not apply to vehicles operating on
interstate highways, vehicles transporting hazardous waste as defined in G.S. 130A‑290(4),
G.S. 130A‑290(a)(8), spent nuclear fuel regulated under
G.S. 20‑167.1, low‑level radioactive waste as defined in
G.S. 104E‑5(9a), or radioactive material as defined in
G.S. 104E‑5(14).
…
(16) Subsections (b) and (e) of this section do not apply to a vehicle or vehicle combination that meets all of the conditions below, but all other enforcement provisions of this Article remain applicable:
a. Is hauling unhardened ready‑mixed concrete.
b. Does not operate on an interstate highway or a posted light‑traffic road, or exceed any posted bridge weight limits.
c. Has a single steer axle weight of no more than 22,000 pounds and a tandem‑axle weight of no more than 46,000 pounds.
d. Does not exceed a maximum gross weight of 66,000 pounds on a three‑axle vehicle with a length of at least 21 feet between the center of axle one and the center of axle three of the vehicle.
e. Does not exceed a maximum gross weight of 72,600 pounds on a four‑axle vehicle with a length of at least 36 feet between the center of axle one and the center of axle four. The four‑axle vehicle shall have a maximum gross weight of 66,000 pounds on axles one, two, and three with a length of at least 21 feet between the center of axle one and the center of axle three.
For purposes
of this subdivision, no additional weight allowances as found in this
section shall apply for the gross weight, single‑axle weight, and
tandem‑axle weight, and the tolerance allowed by subsection (h) of this
section shall does not apply.
…
(19) Any additional weight
allowance authorized by 23 U.S.C. § 127, and applicable to all interstate
highways, shall also apply also applies to all State roads,
unless the road is a posted road or posted bridge, or unless specifically
prohibited by State law or a Department ordinance applicable to a specific
road.
(d) The Department of
Transportation is authorized to abrogate certain exceptions. The exceptions
provided for in G.S. 20‑118(c)(4) and 20‑118(c)(5) subdivisions
(c)(4) and (c)(5) of this section as applied to any light‑traffic
road may be abrogated by the Department of Transportation upon a determination
of the Department of Transportation that undue damage to such the light‑traffic
road is resulting from such vehicles exempted by G.S. 20‑118(c)(4)
and 20‑118(c)(5). subdivisions (c)(4) and (c)(5) of this section. In
those cases where the exemption to the light‑traffic roads are abrogated
by the Department of Transportation, the Department shall post the road to
indicate no exemptions.
(e) Penalties. –
…
(3) If an axle‑group weight of a vehicle exceeds the weight limit set in subdivision (b)(3) of this section plus any tolerance allowed in subsection (h) of this section or axle‑group weights or gross weights authorized by special permit under G.S. 20‑119(a), the Department of Public Safety shall assess a civil penalty against the owner or registrant of the motor vehicle. The penalty shall be assessed on the number of pounds by which the axle‑group weight exceeds the limit set in subdivision (b)(3) of this section, or by a special permit issued pursuant to G.S. 20‑119, as follows: for the first 2,000 pounds or any part thereof, two cents (2¢) per pound; for the next 3,000 pounds or any part thereof, four cents (4¢) per pound; for each pound in excess of 5,000 pounds, ten cents (10¢) per pound. Tolerance pounds in excess of the limit set in subdivision (b)(3) of this section are subject to the penalty if the vehicle exceeds the tolerance allowed in subsection (h) of this section. These penalties apply separately to each axle‑group weight limit violated. Notwithstanding any provision to the contrary, a vehicle with a special permit that is subject to additional penalties under this subsection based on a violation of any of the permit restrictions set out in G.S. 20‑119(d1) shall be assessed a civil penalty, not to exceed ten thousand dollars ($10,000), based on the number of pounds by which the axle‑group weight exceeds the limit set in subdivision (b)(3) of this section.
…
(g) General Statutes 20‑118
shall not be construed to This section does not permit the gross
weight of any vehicle or combination in excess of the safe load carrying
capacity established by the Department of Transportation on any bridge pursuant
to G.S. 136‑72.
…
(k) A vehicle which is
equipped with a self‑loading bed and which is designed and used
exclusively to transport compressed seed cotton from the farm to a cotton gin,
or sage to market, may operate on the highways of the State, except interstate
highways, with a tandem‑axle weight not exceeding 50,000 pounds. Such
vehicles shall be are exempt from light‑traffic road
limitations only from point of origin on the light‑traffic road to the
nearest State‑maintained road which is not posted to prohibit the
transportation of statutory load limits. This exemption does not apply to
restricted, posted bridge structures."
SECTION 4.(a) G.S. 39‑23.1 reads as rewritten:
"§ 39‑23.1. Definitions.
In this Article, the following definitions apply:
…
(7) Insider. – Includes any of the following:
a. If the debtor is an individual:individual,
any of the following:
1. A relative of the debtor
or of a general partner of the debtor;debtor.
2. A partnership in which
the debtor is a general partner;partner.
3. A general partner in a
partnership in which the debtor is a general partner; orpartner.
4. A corporation of which the debtor is a director, officer, or person in control.
b. If the debtor is a corporation:corporation,
any of the following:
1. A director of the debtor;debtor.
2. An officer of the debtor;debtor.
3. A person in control of
the debtor;debtor.
4. A partnership in which
the debtor is a general partner;partner.
5. A general partner in a
partnership in which the debtor is a general partner; orpartner.
6. A relative of a general partner, director, officer, or person in control of the debtor.
c. If the debtor is a partnership:partnership,
any of the following:
1. A general partner in the debtor;debtor.
2. A relative of a general
partner in, a general partner of, or a person in control of the debtor;debtor.
3. Another partnership in
which the debtor is a general partner;partner.
4. A general partner in a
partnership in which the debtor is a general partner; orpartner.
5. A person in control of the debtor.
d. An affiliate, or an insider of an affiliate as if the affiliate were the debtor.
e. A managing agent of the debtor.
…
(14) Voidable transaction. – The term does not include
payment to the State or a political subdivision of the State of taxes, debts,
fines, penalties, or other obligations or amounts."
SECTION 4.(b) G.S. 39‑23.8(b), (d), and (e) read as rewritten:
"(b) To the extent a transfer is avoidable in an action by a creditor under G.S. 39‑23.7(a)(1), the following rules apply:
(1) Except as otherwise
provided in this section, the creditor may recover judgment for the value of
the asset transferred, as adjusted under subsection (c) of this section, or the
amount necessary to satisfy the creditor's claim, whichever is less. The
judgment may be entered against:against any of the following:
a. The first transferee of
the asset or the person for whose benefit the transfer was made; ormade.
b. An immediate or mediate
transferee of the first transferee, other than:than any of the
following:
1. A good‑faith
transferee that took for value; orvalue.
2. An immediate or mediate good‑faith transferee of a person described in sub‑sub‑subdivision 1. of this sub‑subdivision.
(2) Recovery pursuant to G.S. 39‑23.7(a)(1) or G.S. 39‑23.7(b) of or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in sub‑subdivision a. or b. of subdivision (1) of this subsection.
…
(d) Notwithstanding
voidability of a transfer or an obligation under this Article, a good‑faith
transferee or obligee is entitled, to the extent of the value given the debtor
for the transfer or obligation, to:to any of the following:
(1) A lien on or a right to
retain an interest in the asset transferred;transferred.
(2) Enforcement of an
obligation incurred; orincurred.
(3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under G.S. 39‑23.4(a)(2) or G.S. 39‑23.5 if the transfer results from one or more of the following:
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law.
(2) Enforcement of a security interest in compliance with Article 9 of Chapter 25 of the General Statutes, the Uniform Commercial Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.
(3) The payment of taxes, debts, fines, penalties, or other obligations or amounts to the State or to any political subdivision of the State."
SECTION 5.(a) G.S. 44A‑11.2 reads as rewritten:
"§ 44A‑11.2. Identification of lien agent; notice to lien agent; effect of notice.
(a) As used in this section,
the term "contact information" shall mean means the
name, physical and mailing address, telephone number, facsimile number, and
electronic mail address of the lien agent designated by the owner pursuant to
G.S. 44A‑11.1.
…
(b1) A potential lien claimant
making a request pursuant to subsection (b) of this section who did not receive
the lien agent contact information pursuant to subsection (c) of this section,
and who has not furnished labor, materials, rental equipment, or professional
design or surveying services at the site of the improvements, or who last
furnished labor, materials, rental equipment, or professional design or
surveying services at the site of the improvements prior to the posting of the
contact information for the lien agent pursuant to subsection (d) or (e) of
this section, shall have has no obligation to give notice to the
lien agent under this section until the potential lien claimant has received
the contact information from the owner.
(c) A contractor or
subcontractor for improvements to real property subject to G.S. 44A‑11.1
shall, within three business days of contracting with a lower‑tier
subcontractor who is not required to furnish labor, materials, rental
equipment, or professional design or surveying services at the site of the
improvements, provide the lower‑tier subcontractor with a written notice
containing the contact information for the lien agent designated by the owner.
This notice shall be given pursuant to subsection (f) of this section or may be
given by including the lien agent contact information in a written subcontract
entered into by, or a written purchase order issued to, the lower‑tier
subcontractor entitled to the notice required by this subsection. Any
contractor or subcontractor who has previously received notice of the lien
agent contact information, whether from the building permit, the inspections
office, a notice from the owner, contractor, or subcontractor, or by any other
means, and who fails to provide the lien agent contact information to the lower‑tier
subcontractor in the time required under this subsection, shall be is
liable to the lower‑tier subcontractor for any actual damages
incurred by the lower‑tier subcontractor as a result of the failure to
give notice.
…
(f) In complying with any requirement for written notice pursuant to this section, the notice shall be addressed to the person required to be provided with the notice and shall be delivered by any of the following methods:
(1) Certified mail, return receipt requested.
(2) Signature confirmation as provided by the United States Postal Service.
(3) Physical delivery and obtaining a delivery receipt from the lien agent.
(4) Facsimile with a facsimile confirmation.
(5) Depositing with a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2).
(6) Electronic mail, with delivery receipt.
(7) Utilizing an Internet Web site approved for such use by the designated lien agent to transmit to the designated lien agent, with delivery receipt, all information required to notify the lien agent of its designation pursuant to G.S. 44A‑11.1 or to provide a notice to the designated lien agent pursuant to this section.
As used in this subsection,
"delivery receipt" includes an electronic or facsimile confirmation.
A return receipt or other receipt showing delivery of the notice to the addressee
or written evidence that such the notice was delivered by the
postal service or other carrier to but not accepted by the addressee shall
be is prima facie evidence of receipt.
(g) For purposes of this
subsection, "custom contractor" means a contractor duly licensed as a
general contractor pursuant to Article 1 of Chapter 87 of the General Statutes
who has contracted with an owner who is not an affiliate, relative, or insider
of the contractor to build a single‑family residence on the owner's
property to be occupied by the owner as a residence. A custom contractor will
shall be deemed to have met the requirement of notice under
subsections (l) and (m) of this section on the date of the lien agent's
receipt of notice of its designation as lien agent delivered to it by the
custom contractor in accordance with this section if, at the time of the lien
agent's receipt of the notice, all of the following conditions are met:
(1) The owner has not previously designated a lien agent for the improvements to which the notice of designation of lien agent relates.
(2) The custom contractor is authorized to designate the lien agent on behalf of the owner under the written contract between the owner and custom contractor.
(3) In addition to the information required to be included pursuant to G.S. 44A‑11.1(a), the notice of designation of lien agent contains the following information:
a. The custom contractor's name, mailing address, telephone number, fax number (if available), and electronic mailing address (if available).
b. The name of the owner with whom the custom contractor has contracted to improve the real property identified in the notice.
After receiving a notice of its designation from a custom contractor pursuant to this subsection, the designated lien agent shall include the custom contractor's name and contact information in responding to any request for information pursuant to G.S. 58‑26‑45(b)(7).
(h) When a lien agent is not
identified in a contract for improvements to real property subject to
G.S. 44A‑11.1 entered into between an owner and a design
professional, the design professional will shall be deemed to
have met the requirement of notice under subsections (l) and (m) of this
section on the date of the lien agent's receipt of the owner's designation of
the lien agent. The owner shall provide written notice to the lien agent
containing the information pertaining to the design professional required in a
notice to lien agent pursuant to subdivisions (1) through (3) of subsection (i)
of this section, by any method of delivery authorized in subsection (f) of this
section. The lien agent shall include the design professional's name and
address in its response to any persons requesting information relating to
persons who have given notice to the lien agent pursuant to this section. For
purposes of this subsection, the term "design professional" shall
mean means any architects, engineers, land surveyors, and landscape
architects registered under Chapter 83A, 89A, or 89C of the General Statutes.
…
(k) The notice to lien agent
shall not be filed with the clerk of superior court. An inaccuracy in the
description of the improved real property provided in the notice shall does
not bar a person from claiming a lien under this Article or otherwise
perfecting or enforcing a claim of lien as provided in this Article, if the
improved real property can otherwise reasonably be identified from the
information contained in the notice.
(l) Except as otherwise provided in this section, for any improvement to real property subject to G.S. 44A‑11.1, a potential lien claimant may perfect a claim of lien on real property only if at least one of the following conditions is met:
(1) The lien agent identified in accordance with this section has received a Notice to Lien Agent from the potential lien claimant no later than 15 days after the first furnishing of labor or materials by the potential lien claimant.
(2) Any of the following conditions is met:
a. The lien agent identified in accordance with this section has received a Notice to Lien Agent from the potential lien claimant prior to the date of recordation of a conveyance of the property interest in the real property to a bona fide purchaser for value protected under G.S. 47‑18 who is not an affiliate, relative, or insider of the owner.
b. The potential lien claimant has perfected its claim of lien on real property pursuant to G.S. 44A‑11 prior to the recordation of a conveyance of the property interest in the real property to a bona fide purchaser for value protected under G.S. 47‑18 who is not an affiliate, relative, or insider of the owner.
As used in
this subdivision, the terms "affiliate," "relative," and
"insider" shall have the meanings as set forth in G.S. 39‑23.1.
(m) Except as otherwise
provided in this section, for any improvement to real property subject to
G.S. 44A‑11.1, the claim of lien on real property of a potential
lien claimant that is not perfected pursuant to G.S. 44A‑11 prior to
the recordation of any mortgage or deed of trust for the benefit of one who is
not an affiliate, relative, or insider of the owner shall be is subordinate
to the previously recorded mortgage or deed of trust unless at least one of the
following conditions is met:
(1) The lien agent identified in accordance with this section has received a Notice to Lien Agent from the potential lien claimant no later than 15 days after the first furnishing of labor or materials by the potential lien claimant.
(2) The lien agent identified in accordance with this section has received a Notice to Lien Agent from the potential lien claimant prior to the date of recordation of the mortgage or deed of trust.
(n) For any improvement to
real property subject to G.S. 44A‑11.1, a potential lien claimant shall
not be is not required to comply with this section if the lien agent
contact information is neither contained in the building permit or attachment
thereto or sign posted on the improved property pursuant to subsection (d) or
(e) of this section at the time when the potential lien claimant was furnishing
labor, materials, rental equipment, or professional design or surveying
services at the site of the improvements, nor timely provided by the owner in
response to a written request by the potential lien claimant made pursuant to
subsection (b) of this section. The lien rights of a potential lien claimant
who is given erroneous information by the owner regarding the identity of the
lien agent will not be are not extinguished under subsection (l)
of this section nor subordinated under subsection (m) of this section.
(o) Except as provided in
subsections (l) and (m) of this section, nothing contained in this
section shall affect affects a claim of lien upon funds pursuant
to G.S. 44A‑18.
…
(v) (Effective October 1,
2018) Cancellation or expiration of a Notice to Lien Agent pursuant to this
section has no affect [effect] effect upon the validity of a
previously filed claim of lien or upon the priority of lien rights."
SECTION 5.(b) The amendments to G.S. 44A‑11.2(v) in subsection (a) of this section become effective October 1, 2018. The remainder of this section is effective when it becomes law.
SECTION 6. G.S. 48‑3‑303(g) reads as rewritten:
"(g) If the agency
determines that the individual is not suitable to be an adoptive parent, the replacement
preplacement assessment shall state the specific concerns which
support that determination. A specific concern is one that reasonably indicates
that placement of any minor, or a particular minor, in the home of the
individual would pose a significant risk of harm to the well‑being of the
minor."
SECTION 7. G.S. 59‑32 reads as rewritten:
"§ 59‑32. Definition of terms.
As used in this Chapter, except as
otherwise defined in Article 5 of this Chapter for purposes of that Article, unless
the context otherwise requires:the following definitions apply:
(01)(1) "Act"
means the Act. – The North Carolina Uniform Partnership Act and
refers to all provisions therein.
(1)(1a) "Bankrupt"
means bankrupt Bankrupt. – Bankrupt under the Federal Bankruptcy Act
or insolvent under any State insolvent act.
(2) "Business"
means every Business. – Every trade, occupation, or profession.
(3) "Conveyance"
means every Conveyance. – Every assignment, lease, mortgage, or
encumbrance.
(4) "Court"
means every Court. – Every court and judge having jurisdiction in
the case.
(4a) "Domestic
corporation" has Domestic corporation. – Has the same meaning
as in G.S. 55‑1‑40.
(4b) "Domestic limited
liability company" has Domestic limited liability company. – Has the
same meaning as the term "LLC" in G.S. 57D‑1‑03.
(4c) "Domestic limited
partnership" has Domestic limited partnership. – Has the same
meaning as in G.S. 59‑102.
(4d) "Domestic nonprofit
corporation" means a Domestic nonprofit corporation. – A corporation
as defined in G.S. 55A‑1‑40.
(4e) "Foreign
corporation" has Foreign corporation. – Has the same meaning as
in G.S. 55‑1‑40.
(4f) "Foreign limited
liability company" has Foreign limited liability company. – Has the
same meaning as the term "foreign LLC" in G.S. 57D‑1‑03.
(4g) "Foreign limited
liability partnership" means a Foreign limited liability
partnership. – A partnership that (i) is formed under laws other
than the laws of this State, State and has the status of a
limited liability partnership or registered limited liability partnership under
those laws.
(4h) "Foreign limited
partnership" has Foreign limited partnership. – Has the same
meaning as in G.S. 59‑102.
(4i) "Foreign
nonprofit corporation" means a Foreign nonprofit corporation. – A foreign
corporation as defined in G.S. 55A‑1‑40.
(5) "Person"
means individuals, Person. – Individuals, partnerships,
corporations, limited liability companies, and other associations.
(5a) "Principal
office" means the Principal office. – The office (in or out of this
State) where the principal executive offices of a registered limited liability
partnership or a foreign limited liability partnership are located, as
designated in its most recent annual report filed with the Secretary of State
or, if no annual report has yet been filed, in its application for registration
as a registered limited liability partnership or foreign limited liability
partnership.
(6) "Real
property" means land Real property. – Land and any interest or
estate in land.
(7) "Registered
limited liability partnership" means a Registered limited liability
partnership. – A partnership that is registered under G.S. 59‑84.2
and complies with G.S. 59‑84.3.
(8) "Service‑disabled
veteran" means a Service‑disabled veteran. – A veteran
with a disability that was incurred or aggravated during the veteran's service
in the Armed Forces of the United States.
(9) "Service‑disabled
veteran‑owned small business" means a Service‑disabled
veteran‑owned small business. – A business that satisfies both of all
the following requirements:
a. The business's net annual receipts do not exceed one million dollars ($1,000,000).
b. One or more service‑disabled veterans own more than fifty percent (50%) of the business.
(10) "Veteran"
means an Veteran. – An individual entitled to any benefits or rights
under the laws of the United States by reason of service in the Armed Forces of
the United States.
(11) "Veteran‑owned
small business" means a Veteran‑owned small business. – A business
that satisfies both of all the following requirements:
a. The business's net annual receipts do not exceed one million dollars ($1,000,000).
b. One or more veterans own more than fifty percent (50%) of the business."
SECTION 8. Article 7B of Chapter 120 of the General Statutes reads as rewritten:
"Article 7B.
"Research Legislative
Analysis Division.
"§ 120‑36.8. Certification of legislation required by federal law.
(a) Every bill and
resolution introduced in the General Assembly proposing any change in the law
which purports to implement federal law or to be required or necessary for
compliance with federal law, or on which is conditioned the receipt of federal
funds shall have attached to it at the time of its consideration by the General
Assembly a certification prepared by the ResearchLegislative Analysis
Division, in consultation with the Bill Drafting and Fiscal Research
Divisions, identifying the federal law requiring passage of the bill or
resolution. The certification shall contain a statement setting forth the
reasons why the bill or resolution is required by federal law. If the bill or
resolution is not required by federal law or exceeds the requirements of federal
law, then the certification shall state the reasons for that opinion. No
comment or opinion shall be included in the certification with regard to the
merits of the measure for which the certification is prepared. However,
technical and mechanical defects may be noted.
(b) The sponsor of each bill
or resolution to which this section applies shall present a copy of the bill or
resolution with the request for certification to the Research Legislative
Analysis Division. Upon receipt of the request and the copy of the bill or
resolution, the Research Legislative Analysis Division shall
consult with the Bill Drafting and Fiscal Research Divisions, and may consult
with the Office of State Budget and Management or any State agency on
preparation of the certification as promptly as possible. The Research Legislative
Analysis Division shall prepare the certification and transmit it to the
sponsor within two weeks after the request is made, unless the sponsor agrees
to an extension of time.
(c) This certification shall be attached to the original of each proposed bill or resolution that is reported favorably by any committee of the General Assembly, but shall be separate from the bill or resolution and shall be clearly designated as a certification. A certification attached to a bill or resolution pursuant to this section is not a part of the bill or resolution and is not an expression of legislative intent proposed by the bill or resolution.
(d) If a committee of the
General Assembly reports favorably a proposed bill or resolution with an
amendment proposing any change in the law which purports to implement federal
law or to be required or necessary for compliance with federal law, the chair
of the committee shall obtain from the Research Legislative Analysis Division
and attach to the amended bill or resolution a certification as provided in
this section."
SECTION 9. Article 18A of Chapter 136 of the General Statutes is repealed.
SECTION 10. G.S. 150B‑1(d) reads as rewritten:
"(d) Exemptions from Rule Making. – Article 2A of this Chapter does not apply to the following:
…
(6) and Juvenile Justice The
Department of Public Safety, with respect to matters relating to executions
under Article 19 of Chapter 15 of the General Statutes and matters relating
solely to persons in its custody or under its supervision, including prisoners,
probationers, and parolees.
…."
SECTION 11. G.S. 150B‑21.11 reads as rewritten:
"§ 150B‑21.11. Procedure when Commission approves permanent rule.
When the Commission approves a
permanent rule, it must notify the agency that adopted the rule of the
Commission's approval, and deliver the approved rule to the Codifier of Rules.Regulatory
Reform
If the approved rule will increase or decrease expenditures or revenues of a unit of local government, the Commission must also notify the Governor of the Commission's approval of the rule and deliver a copy of the approved rule to the Governor by the end of the month in which the Commission approved the rule."
SECTION 12.(a) Section 16D.4(dd) of S.L. 2017‑57 reads as rewritten:
"SECTION 16D.4.(dd) In
developing and implementing the education and training required by subsections (a)
and (b) (bb) and (cc) of this section, the North Carolina Criminal
Justice Education and Training Standards Commission and the North Carolina
Sheriffs' Education and Training Standards Commission shall work with the
Division of Adult Correction and Juvenile Justice of the Department of Public
Safety."
SECTION 12.(b) Section 16D.4(tt) of S.L. 2017‑57 reads as rewritten:
"SECTION 16D.4.(tt)
Sections 16D.4(a) through 16D.4(s) of this act become effective December 1,
2019, and apply to offenses committed on or after that date. Sections 16D.4(t)
through 16D.4(x) of this act become effective October 1, 2017, and Sections
16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date.
Except as otherwise provided in this act, section, the remainder
of this act section is effective when it becomes law.
Prosecutions or delinquency proceedings initiated for offenses committed before
any particular section subsection of this section becomes
effective are not abated or affected by this act, and the statutes that are in
effect on the dates the offenses are committed remain applicable to those
prosecutions."
SECTION 13.(a) Section 7(b) of S.L. 2017‑206 is repealed.
SECTION 13.(b) Section 36.7(b) of S.L. 2017‑57 reads as rewritten:
"SECTION 36.7.(b) Reporting. – The following reports are required:
(1) By October 1, 2017, October
15, 2017, and every six months thereafter, each State agency shall report
on the status of agency capital projects to the Joint Legislative Commission on
Governmental Operations.
(2) By October 1, 2017, October
15, 2017, and quarterly thereafter, each State agency shall report on the
status of agency capital projects to the Fiscal Research Division of the
General Assembly and to the Office of State Budget and Management."
part II. Technical corrections to the North Carolina Uniform power of attorney act
SECTION 14.(a) G.S. 32C‑1‑108(b) reads as rewritten:
"(b) If, after a
principal executes a power of attorney, the clerk of superior court appoints a
guardian of the principal's estate, or general guardian or other fiduciary
charged with the management of some or all of the principal's property, the
agent is accountable to the guardian or the fiduciary as well as to the
principal. The power of attorney is not terminated and the agent's authority
continues unless limited, suspended, suspended or terminated by
the clerk of superior court in accordance with this Chapter. pursuant
to G.S. 32C‑1‑116(a)(2) or terminated by the guardian of the
principal's estate or general guardian pursuant to G.S. 32C‑1‑110(a)(7)
or G.S. 32C‑1‑110(b)(5)."
SECTION 14.(b) G.S. 32C‑1‑116 reads as rewritten:
"§ 32C‑1‑116. Judicial relief.
(a) The clerks of superior court of this State shall have original jurisdiction of proceedings under this Chapter. Except as provided in subdivision (4) of this subsection, the clerk of superior court's jurisdiction is exclusive. The following proceedings are included:
…
(2) To terminate a power of
attorney or to limit, suspend, suspend or terminate the authority
of an agent where a guardian of the estate or a general guardian has been
appointed.
…
(b) Without otherwise limiting the jurisdiction of the superior court division of the General Court of Justice, the clerk of superior court shall not have jurisdiction under this subsection over the following actions:
(1) To modify or amend a power of attorney instrument.
(2) By or against creditors or debtors of an agent or principal.
(3) Involving claims for monetary damages, including claims for breach of fiduciary duty, fraud, and negligence.
(4) To set aside a power of attorney based on undue influence or lack of capacity.
(5) For the recovery of property transferred or conveyed by an agent on behalf of a principal with intent to hinder, delay, or defraud the principal's creditors.
(c) Proceedings brought
under the provisions of subsection (a) of this section shall be commenced as
prescribed for in in, and shall be conducted in accordance with, estate
proceedings under G.S. 28A‑2‑6 and may be brought by the
following persons:
(1) The principal or the agent.
(2) A general guardian, guardian of the principal's estate, or guardian of the principal's person.
(3) The personal representative of the estate of a deceased principal.
(4) A person authorized to make health care decisions for the principal.
(5) Any other interested person, including a person asked to accept a power of attorney.
…
(e) Nothing in this section shall
affect affects the right of a person to file an action in the
Superior Court Division of the General Court of Justice for declaratory relief
under Article 26 of Chapter 1 of the General Statutes.
…."
SECTION 15.(a) G.S. 32C‑1‑109(c) reads as rewritten:
"(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record in one of the following manners:
(1) After a personal
examination of the principal, by two individuals who are either a physician, a
licensed psychologist, or both, that the principal is incapacitated within the
meaning of G.S. 32C‑1‑102(5)a.G.S. 32C‑1‑102(6)a.
(2) By an attorney‑at‑law,
a judge, or an appropriate governmental official that the principal is
incapacitated within the meaning of G.S. 32C‑1‑102(5)b.G.S. 32C‑1‑102(6)b.
Notwithstanding the subsequent capacity of the principal to manage property or business affairs, a power of attorney which becomes effective under this subsection shall remain effective until its termination pursuant to G.S. 32C‑1‑110(a) or the agent's authority terminates pursuant to G.S. 32C‑1‑110(b)."
SECTION 15.(b) G.S. 32C‑1‑116(f) reads as rewritten:
"(f) Upon motion by the
principal, the clerk of superior court shall dismiss a petition filed under
subsection (a) of this section, unless the clerk of superior court determines
the principal is incapacitated within the meaning of G.S. 32C‑1‑102(5).G.S. 32C‑1‑102(6)."
SECTION 16. G.S. 32C‑1‑110 reads as rewritten:
"§ 32C‑1‑110. Termination of power of attorney.attorney
or agent's authority.
…
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
…
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. If the previous power of attorney has been registered in an office of the register of deeds in this State, it shall be revoked pursuant to subdivision (g)(1) of this section.
(g) A principal may
revokerevokes a power of attorney in one of the following manners:
(1) If the power of attorney
has been registered in an office of the register of deeds in this State, it
shall be revoked by registration in that office by of an
instrument of revocation revocation, including a subsequent power of
attorney that provides that the previous power of attorney is revoked or all
other powers of attorney are revoked, executed and acknowledged by the
principal while the principal is not incapacitated with proof of service on the
agent in the manner prescribed for service under Rule 5 of the North Carolina
Rules of Civil Procedure.
(2) If the power of attorney
has not been registered in an office of the register of deeds in this State, it
may shall be revoked by one of the following methods:
a. A subsequent written
revocatory document document, including a subsequent power of
attorney that provides that the previous power of attorney is revoked or all
other powers of attorney are revoked, executed and acknowledged while not
incapacitated.
b. Being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it, by the principal or by another person in the principal's presence and at the principal's direction, while the principal is not incapacitated.
(h) A guardian of the principal's estate or general guardian terminates a power of attorney that has been registered in an office of the register of deeds in this State by registering in that office an instrument of revocation executed and acknowledged by such guardian and with proof of service on the agent in the manner prescribed for service under Rule 5 of the North Carolina Rules of Civil Procedure."
SECTION 17. G.S. 32C‑1‑112 reads as rewritten:
"§ 32C‑1‑112. Reimbursement and compensation of agent.
(a) If the terms of the power of attorney specify the amount or the way the compensation is to be determined, the agent is entitled to the compensation as specified.
(b) If the terms of the power of attorney do not specify the amount or the way the compensation is to be determined, and the principal thereafter becomes incapacitated, then subsequent to the principal's incapacity the agent is entitled to receive reasonable compensation as determined by the clerk of superior court in accordance with G.S. 32‑59.
(c) Unless the power of attorney otherwise provides, an agent is entitled upon request to the clerk of superior court pursuant to G.S. 32‑59 to be reimbursed for expenses properly incurred on behalf of the principal."
SECTION 18.(a) G.S. 32C‑1‑114 reads as rewritten:
"§ 32C‑1‑114. Agent's duties.
…
(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment has no affirmative duty to exercise the powers or to continue to exercise the powers granted to the agent by the power of attorney, but if the agent exercises any of the granted powers, the agent shall, in the exercise of such powers, do all of the following:
(1) Act loyally for the principal's benefit.
…
(7) Account to the principal or a person designated
by the principal in the power of attorney.
…
(h) Except as otherwise
provided in the power of attorney, an agent is not required to disclose
receipts, disbursements, or transactions conducted on behalf of the principal
unless ordered by a court or requested by the principal, principal or
a person designated by the principal in the power of attorney, a guardian
of the estate, general guardian, or, upon the death of the principal, by the
personal representative or successor in interest of the principal's
estate."
SECTION 18.(b) G.S. 32C‑3‑301 reads as rewritten:
"§ 32C‑3‑301. Statutory form power of attorney.
As a nonexclusive method to grant a power of attorney, a document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this Chapter:
"NORTH CAROLINA
STATUTORY SHORT FORM POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN CHAPTER 32C OF THE NORTH CAROLINA GENERAL STATUTES, WHICH EXPRESSLY PERMITS THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY DESIRED BY THE PARTIES CONCERNED.
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the North Carolina Uniform Power of Attorney Act.
This power of attorney does not authorize the agent to make health care decisions for you.
…
"IMPORTANT INFORMATION FOR AGENT
Agent's Duties
…
Unless the Additional Provisions and Exclusions in this power of attorney state otherwise, you must also:
(1) Act loyally for the principal's benefit;
…
(5) Cooperate with any person that has authority to
make health care decisions for the principal to do what you know the principal
reasonably expects, or if you do not know the principal's expectations, to act
in the principal's best interest;interest; and
(6) Attempt to preserve the principal's estate plan
if you know the plan and preserving the plan is consistent with the principal's
best interest; andinterest.
(7) Account
to the principal (or a person designated by the principal (if any)) in the
Additional Provisions and Exclusions.
…."
SECTION 19. G.S. 32C‑4‑403 reads as rewritten:
"§ 32C‑4‑403. Effect on existing powers of attorney.
(a) Except as otherwise provided in this Chapter, the following apply on January 1, 2018.
(1) This Chapter applies to a power of attorney created before, on, or after January 1, 2018, unless there is clear indication of a contrary intent in the terms of a power of attorney or unless application of a particular provision of this Chapter would substantially impair rights of a party.
(2) This Chapter applies to a judicial proceeding concerning a power of attorney commenced on or after January 1, 2018.
(3) This Chapter applies to a judicial proceeding concerning a power of attorney commenced before January 1, 2018, unless the court finds that application of a provision of this Chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that the particular provision of this Chapter does not apply and the superseded law applies.
(4) A rule of construction or
presumption provided by this Chapter Chapter, including the rule of G.S. 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 in the terms of a power of attorney or unless the application
of the rule of construction or presumption would substantially impair rights of
a party created under North Carolina law in effect prior to January 1, 2018, in
which case the rule of construction or presumption does not apply and the
superseded rule of construction or presumption applies.
(b) If a right is acquired, extinguished, or banned upon the expiration of a prescribed period that commenced under law of this State other than this Chapter before January 1, 2018, that statute continues to apply to the right even if it has been repealed or superseded.
(c) References to prior
statutes and in powers of attorney, whether executed on or after
the adoption of this Chapter shall be deemed to refer to the corresponding
provisions this Chapter unless application of the rule of construction would
substantially impair substantial rights of a party.
(d) Notwithstanding the provisions of this Chapter, the powers conferred by former G.S. 32A‑2 shall apply to a Statutory Short Form Power of Attorney that was created in accordance with former G.S. 32A‑1 prior to January 1, 2018."
SECTION 20.(a) G.S. 90‑21.13(c) reads as rewritten:
"(c) The following persons, in the order indicated, are authorized to consent to medical treatment on behalf of a patient who is comatose or otherwise lacks capacity to make or communicate health care decisions:
(1) A guardian of the patient's person, or a general guardian with powers over the patient's person, appointed by a court of competent jurisdiction pursuant to Article 5 of Chapter 35A of the General Statutes; provided that, if the patient has a health care agent appointed pursuant to a valid health care power of attorney, the health care agent shall have the right to exercise the authority to the extent granted in the health care power of attorney and to the extent provided in G.S. 32A‑19(a) unless the Clerk has suspended the authority of that health care agent in accordance with G.S. 35A‑1208(a).
(2) A health care agent appointed pursuant to a valid health care power of attorney, to the extent of the authority granted.
(3) An agent, with powers to
make health care decisions for the patient, appointed by the patient
pursuant to Chapter 32C of the General Statutes, patient, to the
extent of the authority granted.
(4) The patient's spouse.
(5) A majority of the patient's reasonably available parents and children who are at least 18 years of age.
(6) A majority of the patient's reasonably available siblings who are at least 18 years of age.
(7) An individual who has an established relationship with the patient, who is acting in good faith on behalf of the patient, and who can reliably convey the patient's wishes."
SECTION 20.(b) G.S. 90‑322(b) reads as rewritten:
"(b) If a person's condition has been determined to meet the conditions set forth in subsection (a) of this section and no instrument has been executed as provided in G.S. 90‑321, then life‑prolonging measures may be withheld or discontinued upon the direction and under the supervision of the attending physician with the concurrence of the following persons, in the order indicated:
(1) A guardian of the patient's person, or a general guardian with powers over the patient's person, appointed by a court of competent jurisdiction pursuant to Article 5 of Chapter 35A of the General Statutes; provided that, if the patient has a health care agent appointed pursuant to a valid health care power of attorney, the health care agent shall have the right to exercise the authority to the extent granted in the health care power of attorney and to the extent provided in G.S. 32A‑19(b) unless the Clerk has suspended the authority of that health care agent in accordance with G.S. 35A‑1208(a).
(2) A health care agent appointed pursuant to a valid health care power of attorney, to the extent of the authority granted.
(3) An agent, with powers to
make health care decisions for the patient, appointed by the patient
pursuant to Chapter 32C of the General Statutes, patient, to the
extent of the authority granted.
(4) The patient's spouse.
(5) A majority of the patient's reasonably available parents and children who are at least 18 years of age.
(6) A majority of the patient's reasonably available siblings who are at least 18 years of age.
(7) An individual who has an established relationship with the patient, who is acting in good faith on behalf of the patient, and who can reliably convey the patient's wishes.
If none of the above is reasonably available then at the discretion of the attending physician the life‑prolonging measures may be withheld or discontinued upon the direction and under the supervision of the attending physician."
SECTION 21. The Revisor of Statutes shall cause to be printed, as annotations to the published General Statutes, all explanatory comments of the drafters of this Part as the Revisor may deem appropriate.
part III. Effective date
SECTION 22. Except as otherwise provided, this act is effective when it becomes law.
