A BILL TO BE ENTITLED
AN ACT TO DIRECT LEGISLATIVE DRAFTING OFFICES AND STATE AGENCIES TO USE CERTAIN RESPECTFUL terms when referencing 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.  Preferred drafting language; people with disabilities.
(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 listed in Column A with the terms listed in Column B in any new statute or resolution and change those terms listed in Column A to the terms in Column B 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 shall draft statutes and resolutions to avoid language that:
(1)	Implies that the person as a whole is disabled, such as the mentally ill or the learning disabled;
(2)	Equates persons with their condition, such as epileptics, autistics, or quadriplegics;
(3)	Has negative overtones, such as afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound; or 
(4)	Is regarded as derogatory or demeaning, such as handicapped or mentally deficient.
The Legislative Services Office shall replace language that is perceived to be disrespectful 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.  Preferred drafting language; people with disabilities.
(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 listed in Column A with the terms listed in Column B in any new rule and change those terms listed in Column A to the terms in Column B 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 shall draft rules to avoid language that:
(1)	Implies that the person as a whole is disabled, such as the mentally ill or the learning disabled;
(2)	Equates persons with their condition, such as epileptics, autistics, or quadriplegics;
(3)	Has negative overtones, such as afflicted with cerebral palsy, suffering from multiple sclerosis, confined to a wheelchair or wheelchair bound; or 
(4)	Is regarded as derogatory or demeaning, such as handicapped or mentally deficient.
Agencies shall replace language that is perceived to be disrespectful 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.