GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 248*
Second Edition Engrossed 3/17/11
Short Title: Update Archaic Disability Terms. |
(Public) |
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Sponsors: |
Senators Hartsell; and Atwater. |
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Referred to: |
Health Care. |
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March 8, 2011
A BILL TO BE ENTITLED
AN ACT to update certain terminology in reference to persons with disabilities, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1-255 reads as rewritten:
"§ 1-255. Who may apply for a declaration.
Any person interested as or through an executor,
administrator, trustee, guardian or other fiduciary, creditor, devisee,
legatee, heir, next of kin, or cestui que trust, in the administration of a
trust, or of the estate of a decedent, an infant, lunatic, or insolvent,a
minor, an incompetent person, or an insolvent person, may have a
declaration of rights or legal relations in respect thereto:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or
(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
(4) To determine the apportionment of the federal estate tax, interest and penalties under the provisions of Article 27 of Chapter 28A."
SECTION 2. Rule 601 of the North Carolina Rules of Evidence, as contained in G.S. 8C-1, reads as rewritten:
"Rule 601. General rule of competency; disqualification of witness.
(a) General rule. - Every person is competent to be a witness except as otherwise provided in these rules.
(b)
Disqualification of witness in general. - A person is disqualified to testify
as a witness when the court determines that he the person is (1)
incapable of expressing himself or herself concerning the matter as to
be understood, either directly or through interpretation by one who can understand
him,him or her, or (2) incapable of understanding the duty of a
witness to tell the truth.
(c)
Disqualification of interested persons. - Upon the trial of an action, or the
hearing upon the merits of a special proceeding, a party or a person interested
in the event, or a person from, through or under whom such a party or
interested person derives his or her interest or title by assignment or
otherwise, shall not be examined as a witness in his or her own behalf
or interest, or in behalf of the party succeeding to his or her title or
interest, against the executor, administrator or survivor of a deceased person,
or the committee of a lunatic,guardian of an incompetent person,
or a person deriving his or her title or interest from, through or under
a deceased or incompetent person or lunatic, by assignment or
otherwise, concerning any oral communication between the witness and the
deceased person or lunatic.or incompetent person. However, this
subdivision shall not apply when:
(1) The executor,
administrator, survivor, committee guardian, or person so
deriving title or interest is examined in his or her own behalf
regarding the subject matter of the oral communication.
(2) The testimony of
the lunatic or deceased or incompetent person is given in
evidence concerning the same transaction or communication.
(3) Evidence of the
subject matter of the oral communication is offered by the executor,
administrator, survivor, committee guardian or person so deriving
title or interest.
Nothing in this subdivision shall preclude testimony as to the identity of the operator of a motor vehicle in any case."
SECTION 3. G.S. 14-113 reads as rewritten:
"§ 14-113. Obtaining money by false representation of
physical defect.disability.
It shall be unlawful for any person to falsely represent
himself or herself in any manner whatsoever as blind, deaf, dumb, or
crippled unable to speak, or otherwise physically defective disabled
for the purpose of obtaining money or other thing of value or of making sales
of any character of personal property. Any person so falsely representing
himself or herself as blind, deaf, dumb, crippled or otherwise physically
defective, and securing aid or assistance on account of such
representation, shall be deemed guilty of a Class 2 misdemeanor."
SECTION 4. G.S. 43-12 reads as rewritten:
"§ 43-12. Effect of decree; approval of judge.
Every decree rendered as hereinbefore provided shall bind the
land and bar all persons and corporations claiming title thereto or interest therein;
quiet the title thereto, and shall be forever binding and conclusive upon and
against all persons and corporations, whether mentioned by name in the
order of publication, or included under the general description, "to whom
it may concern"; and every such decree so rendered, or a duly certified
copy thereof, as also the certificate of title issued thereon to the person or
corporation therein named as owner, or to any subsequent transferee or
purchaser, shall be conclusive evidence that such person or corporation is the
owner of the land therein described, and no other evidence shall be required in
any court of this State of his his, her, or its right or title
thereto. It shall not be an exception to such conclusiveness that the a
person is an infant, lunatic a minor, is incompetent, or is
under any disability, but such person may have recourse upon the indemnity fund
hereinafter provided for, for any loss he the person may suffer
by reason of being so concluded. Notwithstanding the provisions of G.S. 43-10,
such decrees shall not be binding on and include the State of North Carolina or
any of its agencies unless the State of North Carolina is made a party to the
proceeding and notice of said proceeding and copy of petition, etc., are served
upon the State of North Carolina as provided in this Chapter. Such decrees
shall, in addition to being signed by the clerk of the court, be approved by
the judge of the superior court, who shall review the whole proceeding and have
power to require any reformation of the process, pleading, decrees or
entries."
SECTION 5. On the next occasion that the State Banking Commission amends 04 NCAC 03D .0301, the Commission shall revise the definition of "fiduciary" so that it no longer contains the word "lunatics."
SECTION 6. This act is effective when it becomes law.