GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2008-182

HOUSE BILL 2391

AN ACT authorizing the division of motor vehicles to consider recommendations from the clerk of court in determining whether to revoke the drivers license of a person adjudicated incompetent under the guardianship laws, as recommended by the Study commission on Aging.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-17.1(a) reads as rewritten:

"(a)      The Commissioner, upon receipt of notice that any person has been legally adjudicated incompetent or has been involuntarily committed to an institution for the treatment of alcoholism or drug addiction, shall forthwith make inquiry into the facts for the purpose of determining whether such person is competent to operate a motor vehicle. If a person has been adjudicated incompetent under Chapter 35A of the General Statutes, in making an inquiry into the facts, the Commissioner shall consider the clerk of court's recommendation regarding whether the incompetent person should be allowed to retain his or her driving privilege. Unless the Commissioner is satisfied that such person is competent to operate a motor vehicle with safety to persons and property, he shall revoke such person's driving privilege. Provided that if such person requests, in writing, a hearing, he shall retain his license until after the hearing, and if the revocation is sustained after such hearing, the person whose driving privilege has been revoked under the provisions of this section, shall have the right to a review by the review board as provided in G.S. 20-9(g)(4) upon written request filed with the Division."

SECTION 2.  This act becomes effective October 1, 2008, and applies to persons adjudicated incompetent under Chapter 35A of the General Statutes on or after that date.

In the General Assembly read three times and ratified this the 8^th day of July, 2008.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 3:11 p.m. this 4^th day of August, 2008