GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 208

 

 

Short Title:        People First.

(Public)

Sponsors:

Senators Dorsett;  Albertson, Bingham, Brown, Clary, Dannelly, Forrester, Hoyle, Jenkins, Kinnaird, Malone, Preston, Purcell, Shaw, Stevens, and Tillman.

Referred to:

Rules and Operations of the Senate.

February 18, 2009

A BILL TO BE ENTITLED

AN ACT TO DIRECT LEGISLATIVE DRAFTING OFFICES AND STATE AGENCIES TO USE CERTAIN RESPECTFUL REFERENCE TO PEOPLE WITH DISABILITIES IN THE PREPARATION OF LEGISLATION AND RULES.

Whereas, the General Assembly recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes towards people with disabilities; and

Whereas, many of the terms currently used diminish the humanity and natural condition of having a disability; and

Whereas, certain terms are demeaning and create an invisible barrier to inclusion as equal community members; and

Whereas, the General Assembly finds it necessary to clarify preferred language for new and revised laws and rules by requiring the use of terminology that puts the person before the disability; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Article 7 of Chapter 120 of the General Statutes is amended by adding a new section to read:

"§ 120‑32.04.  People first in drafting.

(a)        The General Assembly directs the Legislative Services Office to avoid all references to the terms in Column A below. Drafters shall replace the terms referenced in Column A with the terms listed in Column B in any new statute or resolution, and change those references in drafts for any existing statute as those statutes are amended for other reasons. This section does not apply where a reference to a word or phrase in Column A is required by federal law or regulation.

Column A                                                                     Column B

Handicapped                                                                People with disabilities

Mentally retarded                                                         Intellectual disability

Afflicted with                                                                Someone who has/had

Crippled                                                                       Physical disability

Mentally disabled                                                          Mental illness

(b)        The Legislative Services Office is directed in drafting statutes and resolutions to avoid language that implies that the person as a whole is disabled (e.g., the mentally ill or the learning disabled), equates persons with their condition (e.g., epileptics, autistics, or quadriplegics), has negative overtones (e.g., afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound), or is regarded as derogatory or demeaning (e.g., handicapped or mentally deficient), and replace nonrespectful language by referring to persons with disabilities as persons first where appropriate.

(c)        No statute or resolution is invalid because it does not comply with this section."

SECTION 2.  Part 2 of Article 2A of Chapter 150B of the General Statutes is amended by adding a new section to read:

"§ 150B‑21.6A.  People first in drafting.

(a)        The General Assembly directs all agencies adopting rules to avoid all references to the terms in Column A below. Drafters shall replace the terms referenced in Column A with the terms listed in Column B in any new rule, and change those references in drafts for any existing rule as those rules are amended for other reasons. This section does not apply where a reference to a word or phrase in Column A is required by federal law or regulation or State statute.

Column A                                                                     Column B

Handicapped                                                                People with disabilities

Mentally retarded                                                         Intellectual disability

Afflicted with                                                                Someone who has/had

Crippled                                                                       Physical disability

Mentally disabled                                                          Mental illness

(b)        Agencies are directed in drafting rules to avoid language that implies that the person as a whole is disabled (e.g., the mentally ill or the learning disabled), equates persons with their condition (e.g., epileptics, autistics or quadriplegics), has negative overtones (e.g., afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound), or is regarded as derogatory or demeaning (e.g., handicapped or mentally deficient), and replace nonrespectful language by referring to persons with disabilities as persons first where appropriate.

(c)        No rule is invalid because it does not comply with this section."

SECTION 3.  This act is effective when it becomes law.