Uniform Power of Attorney Act.
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SB 569 — Uniform Power of Attorney Act.
Last action — Signed by Gov. 7/20/2017
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 30, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
91 added · 95 removedPlain-language change summary
Senate Bill 569 underwent some changes during its review process. The latest version added 39 lines of new text, introducing specific provisions that were not present in the earlier draft. At the same time, 40 lines of text were removed, likely to streamline the bill or clarify its intentions. These adjustments are important because they can impact how the law will be implemented and enforced, affecting individuals or organizations that may be subject to its regulations.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 21 SENATE BILL 569 Judiciary Committee Substitute Adopted 4/19/17 Short Title:
Senators Daniel and Newton (Primary Sponsors).
Rules and Operations of the Senate April 3, 2017 A BILL TO BE ENTITLED AN ACT TO ADOPT THE UNIFORM POWER OF ATTORNEY ACT IN THIS STATE.
*S569-v-2**S569-v-1* General Assembly Of North Carolina Session 2017 (7) Internal Revenue Code.
Page 2 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (c) A power of attorney executed other than in this State is valid in this State if, when the power of attorney was executed, the execution complied with any of the following:
(b) If, after a principal executes a power of attorney, a 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.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, §§ 1171 through 1179 of the Social Senate Bill 569-Second569-First Edition Page 3 General Assembly Of North Carolina Session 2017 Security Act, 42 U.S.C.
Page 4 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (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.
Senate Bill 569-Second569-First Edition Page 5 General Assembly Of North Carolina Session 2017 (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:
(7) Account to the principal or a person designated by the principal in the power of attorney.
Page 6 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (a) The clerks of superior court of this State shall have original jurisdiction of proceedings under this Chapter.
Senate Bill 569-Second569-First Edition Page 7 General Assembly Of North Carolina Session 2017 (d) Venue of any proceeding brought under subsection (a) of this section, is proper in any of the following:
(c) The court may, for good cause shown, relieve an agent from liability for any breach of fiduciary duty under a power of attorney, or wholly or partly excuse an agent who has acted honestly and reasonably from liability for a breach of fiduciary duty under a power of attorney.
(d) An agent who commits a breach of fiduciary duty under a power of attorney is liable for the greater of the following:
(1) The amount required to restore the value of the property subject to the power of attorney and distributions from that property to what they would have been had the breach not occurred;occurred.
and (2) The profit the agent made by reason of the breach.
Page 8 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (f) An agent is liableaccountable for any profit made by the agent arising from dealings with property subject to the power of attorney, even absent a breach of fiduciary duty.
32C-3-302 shall be deemed to Senate Bill 569-Second569-First Edition Page 9 General Assembly Of North Carolina Session 2017 meet the requirements of this subsection but shall not be the sole means of meeting those requirements.
Page 10 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (7) The person has reasonable cause to question the authenticity or validity of the power of attorney or the appropriateness of its exercise by the agent.
TheUnless commondisplaced law,by includinga theprovision common law of agency, and principles of equity supplement this Chapter, except to the extentprinciples modifiedof bylaw thisand Chapterequity orshall anothersupplement provisionthis ofChapter. the General Statutes.
Senate Bill 569-Second569-First Edition Page 11 General Assembly Of North Carolina Session 2017 (1) An agent may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent that authority:
Page 12 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 "§ 32C-2-202.
Senate Bill 569-Second569-First Edition Page 13 General Assembly Of North Carolina Session 2017 (2) Sell;
Page 14 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following:
Senate Bill 569-Second569-First Edition Page 15 General Assembly Of North Carolina Session 2017 Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to do all of the following:
(12) Establish, modify, and terminate an ABLE account as defined under section 529A of the Internal Revenue Code with any State or financial institution selected by the agent and have the same authority over the ABLE account as Page 16 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 the agent has with regard to any other account with a bank or other financial institution.
(13) Pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity, including Senate Bill 569-Second569-First Edition Page 17 General Assembly Of North Carolina Session 2017 attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
Page 18 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (2) Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise.
Senate Bill 569-Second569-First Edition Page 19 General Assembly Of North Carolina Session 2017 (8) Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation.
Page 20 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (a) In this section, the term "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation including Social Security, Medicare, and Medicaid.
Senate Bill 569-Second569-First Edition Page 21 General Assembly Of North Carolina Session 2017 (b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to do all of the following:
Page 22 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 b.
An agent may petition the court for an order authorizing the agent to make a gift of the principal's propertyproperty, that is reasonable under the circumstances, including a gift that is in addition to, or that otherwise differs from, the gifts authorized by the power of attorney.
32C-2-201(a)32C-2-201(a). that is reasonable under the circumstances.
DESIGNATION OF AGENT Senate Bill 569-Second569-First Edition Page 23 General Assembly Of North Carolina Session 2017 I,________________________________, name the following person as my agent:
If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.) (_____) Real Property (_____) Tangible Personal Property (_____) Stocks and Bonds (_____) Commodities and Options (_____) Banks and Other Financial Institutions (_____) Operation of Entityor Business (_____) Insurance and Annuities (_____) Estates, Trusts, and Other Beneficial Interests (_____) Claims and Litigation (_____) Personal and FamilyMaintenance (_____) Benefits from Governmental Programs or Civil or Military Service (_____) Retirement Plans (_____) Taxes (_____) Digital Assets (_____) All Preceding Subjects Page 24 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 2 GRANT OF SPECIFIC AUTHORITY (OPTIONAL) 5 My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:
MEANING AND EFFECT Senate Bill 569-Second569-First Edition Page 25 General Assembly Of North Carolina Session 2017 2 The meaning and effect of this power of attorney shall for all purposes be determined by the law of the State of North Carolina.
Page 26 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 (c) The principal lacked the understanding and capacity to make and communicate decisions regarding his estate and person at the time the power of attorney was executed.
Sworn to or affirmed and subscribed before me this day by __________________________ .
While no particular phrasing is required for a limited power of attorney for transactions involving the purchase, sale, or financing of real property or tangible personal property related to real property, the following form may be used to create a limited power of attorney for Senate Bill 569-Second569-First Edition Page 27 General Assembly Of North Carolina Session 2017 transactions involving the purchase, sale, or financing of designated real property or tangible personal property related to the designated real property.
Show all 47 changed lines (7 more)
RELIANCE ON THIS POWER OF ATTORNEY Page 28 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
In applying and construing this Chapter, consideration mayshall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
(1) This Chapter applies to a power of attorney created before, on, or after the effective date of this Chapter unless there is clear indication of a contrary Senate Bill 569-Second569-First Edition Page 29 General Assembly Of North Carolina Session 2017 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.
If the principal is not a resident of Page 30 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 North Carolina, the power of attorney or a certified copy of the power of attorney may be recorded in any county in the State wherein the principal owns real property or has a significant business reason for registering in the county.
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 Senate Bill 569-Second569-First Edition Page 31 General Assembly Of North Carolina Session 2017 authority to the extent granted in the health care power of attorney and to the extent provided in G.S.
Page 32 Senate Bill 569-Second569-First Edition General Assembly Of North Carolina Session 2017 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.
Senate Bill 569-Second569-First Edition Page 33
Show all 47 changed rows (7 more)
Action History
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Signed by Gov. 7/20/2017
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Ch. SL 2017-153
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Ratified
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Pres. To Gov. 6/29/2017
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Concurred In H/Com Sub
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Ordered Enrolled
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Passed 2nd Reading
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Passed 3rd Reading
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Special Message Sent To Senate
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Special Message Received For Concurrence in H Com Sub
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Placed On Cal For 06/28/2017
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Reptd Fav Com Substitute
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Cal Pursuant Rule 36(b)
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Placed On Cal For 06/27/2017
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Withdrawn From Com
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Re-ref Com On Judiciary I
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Passed 1st Reading
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Ref To Com On Rules, Calendar, and Operations of the House
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Regular Message Sent To House
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Regular Message Received From Senate
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Amend Adopted A2
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Passed 3rd Reading
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Engrossed
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Passed 2nd Reading
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Amend Adopted A1
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Withdrawn From Cal
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Placed On Cal For 04/25/2017
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Reptd Fav
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Placed On Cal For 04/24/2017
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Reptd Fav Com Substitute
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Com Substitute Adopted
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Re-ref Com On Rules and Operations of the Senate
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Withdrawn From Com
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Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- Warren Daniel · Primary
- Newton · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 177 not signed on
Sponsors (1)
- Warren Daniel Republican
Co-sponsors (1)
- Newton
Not signed on (177)
177 members have not signed on to this bill.
Show all 177 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 1 |
| Republican | 9 | 0 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 2 |
| Total | 46 | 0 | 0 | 4 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| McKissick | — | Yea |
| Meredith | — | Yea |
| Randleman | — | Yea |
| Tarte | — | Yea |
| Ballard | — | Yea |
| Barefoot | — | Yea |
| Brock | — | Yea |
| Foushee | — | Yea |
| D.Davis | — | Yea |
| J.Jackson | — | Yea |
| Smith | — | Yea |
| VanDuyn | — | Yea |
| Brown | — | Yea |
| J.Davis | — | Yea |
| B.Jackson | — | Yea |
| Barringer | — | Yea |
| Bishop | — | Yea |
| Bryant | — | Yea |
| Curtis | — | Yea |
| Dunn | — | Yea |
| Edwards | — | Yea |
| Gunn | — | Yea |
| Harrington | — | Yea |
| Horner | — | Yea |
| Krawiec | — | Yea |
| Newton | — | Yea |
| Tucker | — | Yea |
| Pate | — | Yea |
| Rabin | — | Yea |
| Tillman | — | Yea |
| Wade | — | Yea |
| Wells | — | Yea |
| Woodard | — | Not Voting |
| Amanda P. Cook | Democratic | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Not Voting |
| Jay J. Chaudhuri | Democratic | Not Voting |
| Joyce Waddell | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Carl Ford | Republican | Not Voting |
| Danny Earl Britt, Jr. | Republican | Yea |
| Michael V. Lee | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 72 | 0 | 0 | 4 |
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 27 | 0 | 0 | 1 |
| U | 0 | 0 | 0 | 1 |
| Total | 114 | 0 | 0 | 6 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| McGrady | — | Yea |
| Michaux | — | Not Voting |
| Millis | — | Yea |
| Presnell | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Zachary | — | Yea |
| Autry | — | Yea |
| Boles | — | Yea |
| Boswell | — | Yea |
| Burr | — | Yea |
| Dulin | — | Yea |
| Faircloth | — | Yea |
| Fisher | — | Yea |
| Floyd | — | Yea |
| Fraley | — | Yea |
| Garrison | — | Yea |
| Gill | — | Yea |
| Hurley | — | Yea |
| G.Adcock | — | Yea |
| L.Bell | — | Yea |
| DuaneHall | — | Yea |
| C.Graham | — | Yea |
| G.Graham | — | Yea |
| Jackson | — | Yea |
| G.Martin | — | Yea |
| R.Moore | — | Yea |
| B.Richardson | — | Yea |
| W.Richardson | — | Yea |
| B.Turner | — | Yea |
| J.Bell | — | Yea |
| BertJones | — | Yea |
| Brawley | — | Yea |
| Beasley | — | Yea |
| Black | — | Yea |
| Bradford | — | Yea |
| Bumgardner | — | Yea |
| Cleveland | — | Yea |
| Collins | — | Yea |
| Earle | — | Yea |
| Farmer-Butterfield | — | Yea |
| Goodman | — | Yea |
| Hanes | — | Yea |
| Holley | — | Yea |
| Hunter | — | Yea |
| Insko | — | Yea |
| Lucas | — | Yea |
| Terry | — | Yea |
| Wray | — | Yea |
| DestinHall | — | Yea |
| K.Hall | — | Yea |
| Johnson | — | Yea |
| Malone | — | Yea |
| S.Martin | — | Yea |
| T.Moore(Speaker) | — | Yea |
| Stone | — | Yea |
| R.Turner | — | Yea |
| BrendenJones | — | Not Voting |
| Conrad | — | Yea |
| Dobson | — | Yea |
| Dollar | — | Yea |
| Elmore | — | Yea |
| Grange | — | Yea |
| Hardister | — | Yea |
| Henson | — | Yea |
| Horn | — | Yea |
| Jordan | — | Yea |
| Lewis | — | Not Voting |
| McElraft | — | Yea |
| McNeill | — | Yea |
| Murphy | — | Yea |
| Rogers | — | Yea |
| Saine | — | Yea |
| Speciale | — | Yea |
| Steinburg | — | Not Voting |
| Williams | — | Yea |
| Amos L. Quick, III | Democratic | Yea |
| Becky Carney | Democratic | Yea |
| Cecil Brockman | Democratic | Yea |
| Cynthia Ball | Democratic | Yea |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Graig Meyer | Democratic | Yea |
| Joe John | Democratic | Yea |
| Marcia Morey | Democratic | Yea |
| Mary Belk | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Carl Ford | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John M. Blust | Republican | Yea |
| John Sauls | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Kelly E. Hastings | Republican | Not Voting |
| Kevin Corbin | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mike Clampitt | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Ted Davis, Jr. | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Not Voting |
Subjects
Frequently asked questions
- Who sponsors SB 569?
- SB 569 is sponsored by Warren Daniel (Republican) and Newton.
- What is the current status of SB 569?
- This bill has been enacted into law. Introduced March 30, 2017. Enacted.
- Where can I track SB 569?
- Track SB 569 free on One Click Politics — get push/email alerts when it moves.
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