Bill Text: NC S248 | 2011-2012 | Regular Session | Chaptered
Bill Title: Update Archaic Disability Terms
Spectrum: Bipartisan Bill
Status: (Passed) 2011-04-07 - Ch. SL 2011-29 [S248 Detail]
Download: North_Carolina-2011-S248-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-29
SENATE BILL 248
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.
In the General Assembly read three times and ratified this the 4th day of April, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Dale R. Folwell
Speaker Pro Tempore of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 10:35 a.m. this 7th day of April, 2011
