North Carolina 2017-2018 Session Status: Enacted

SB 768 — People First Language 2018.

Last action — Signed by Gov. 6/22/2018

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 29, 2018. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • 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

258 added · 262 removed

Plain-language change summary

In the latest version of Senate Bill 768, the definition of "sexual contact" has been clarified and written in a more straightforward manner. The changes help to specify what constitutes sexual contact, making it easier for everyone to understand. This matters because clearer definitions can improve the enforcement of laws related to sexual offenses, ensuring that individuals are better protected and that legal proceedings are more efficient.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 768* Judiciary Committee Substitute Adopted 6/5/18 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 768* Short Title:
Senators Barringer, Harrington, and Krawiec (Primary Sponsors).
May 30, 2018 A BILL TO BE ENTITLED AN ACT TO UPDATE THE GENERAL STATUTES OF NORTH CAROLINA WITH PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" IN CERTAIN SECTIONS AND TO MAKE OTHER PEOPLE FIRST LANGUAGE AMENDMENTS AND TECHNICAL AMENDMENTS IN THOSE SECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Rules and Operations of the Senate May 30, 2018 A BILL TO BE ENTITLED AN ACT TO UPDATE THE GENERAL STATUTES OF NORTH CAROLINA WITH PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" IN CERTAIN SECTIONS AND TO MAKE OTHER PEOPLE FIRST LANGUAGE AMENDMENTS AND TECHNICAL AMENDMENTS IN THOSE SECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.
Autism occurs *S768-v-2* General Assembly Of North Carolina Session 2017 sometimes by itself and sometimes in conjunction with other brain-functioning disorders.
Autism occurs *S768-v-1* General Assembly Of North Carolina Session 2017 sometimes by itself and sometimes in conjunction with other brain-functioning disorders.
– An illness that so lessens the capacity of a person to use self-control, judgment, and discretion in the conduct of the person's affairs and social relations as to make it necessary or advisable for the person to be under treatment, care, supervision, guidance, or Page 2 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 control.
– An illness that so lessens the capacity of a person to use self-control, judgment, and discretion in the conduct of the person's affairs and social relations as to make it necessary or advisable for the person to be under treatment, care, supervision, guidance, or Page 2 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 control.
Senate Bill 768*-Second Edition Page 3 General Assembly Of North Carolina Session 2017 (7) "General guardian" means a General guardian.
Senate Bill 768*-First Edition Page 3 General Assembly Of North Carolina Session 2017 (7) "General guardian" means a General guardian.
Page 4 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 (3) The guardian of the person may give any consent or approval that may be necessaryto enable the ward to receive medical, legal, psychological, or other professional care, counsel, treatment, or service;
Page 4 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 (3) The guardian of the person may give any consent or approval that may be necessaryto enable the ward to receive medical, legal, psychological, or other professional care, counsel, treatment, or service;
If the ward is unable to comprehend the nature of the proposed procedure and its consequences and is unable to provide Senate Bill 768*-Second Edition Page 5 General Assembly Of North Carolina Session 2017 an informed consent, the clerk shall appoint an attorney to represent the ward in accordance with rules adopted by the Office of Indigent Defense Services.
If the ward is unable to comprehend the nature of the proposed procedure and its consequences and is unable to provide Senate Bill 768*-First Edition Page 5 General Assembly Of North Carolina Session 2017 an informed consent, the clerk shall appoint an attorney to represent the ward in accordance with rules adopted by the Office of Indigent Defense Services.
Page 6 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 Thepetitionerormovant shall inquireof theDepartment ofHealthand Human Services as to whether such an affidavit has been so filed and the Department's certified reply shall be submitted to and considered by the court.
Page 6 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 Thepetitionerormovant shall inquireof theDepartment ofHealthand Human Services as to whether such an affidavit has been so filed and the Department's certified reply shall be submitted to and considered by the court.
Senate Bill 768*-Second Edition Page 7 General Assembly Of North Carolina Session 2017 (2) "Remote testimony" means a Remote testimony.
Senate Bill 768*-First Edition Page 7 General Assembly Of North Carolina Session 2017 (2) "Remote testimony" means a Remote testimony.
Page 8 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 b.
Page 8 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 b.
(5) "Sexual contact" means (i) touching Sexual contact.
(5) "Sexual contact" meansSexual contact.
Touching the sexual organ, anus, breast, groin, or buttocks of any person, (ii) a person.
(i)touchingTouchingthe sexual organ,anus, breast, groin,orbuttocks of any person,person.
A person touching another person with their own sexual organ, anus, breast, groin, or buttocks, or (iii) a buttocks.
(ii) a A person touching another person with their own sexual organ, anus, breast, groin, or buttocks, orbuttocks.
A person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.
(iii) a A person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.
Senate Bill 768*-Second Edition Page 9 General Assembly Of North Carolina Session 2017 (1) By force and against the will of the other person;
Senate Bill 768*-First Edition Page 9 General Assembly Of North Carolina Session 2017 (1) By force and against the will of the other person;
– Notwithstanding any other provision of this section, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is a minor who is soliciting as a prostitute, that person shall be immune from prosecution under this section and instead shall be taken into temporary protective custody as an undisciplined juvenile pursuant to Article 19 of Chapter7BoftheGeneral Statutes.Pursuant totheprovisions ofG.S.
– Notwithstanding any other provision of this section, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is a minor who is soliciting as a prostitute, that person shall be immune from prosecution under this section and instead shall be taken into temporary protective custody as an undisciplined juvenile pursuant to Article 19 of Chapter7BoftheGeneral Statutes.Pursuant to theprovisions ofG.S.
… Page 10 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 (b) Any person who willfully performs any of the following acts commits the offense of promotingprostitutionofaminorormentallydisabledperson:personwhohasamentaldisability:
… Page 10 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 (b) Any person who willfully performs any of the following acts commits the offense of promotingprostitutionofaminorormentallydisabledperson:personwhohasamentaldisability:
– The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other Senate Bill 768*-Second Edition Page 11 General Assembly Of North Carolina Session 2017 electronic means sent to a person identified by a unique address or address number and received by that person.
– The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other Senate Bill 768*-First Edition Page 11 General Assembly Of North Carolina Session 2017 electronic means sent to a person identified by a unique address or address number and received by that person.
Page 12 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 a.
Page 12 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 a.
– An enduring pattern ofinner experience and behaviorthatdeviates markedlyfrom the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.
– An enduring pattern ofinner experience andbehaviorthatdeviates markedlyfrom the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.
14-27.33 (sexual battery), Senate Bill 768*-Second Edition Page 13 General Assembly Of North Carolina Session 2017 G.S.
14-27.33 (sexual battery), Senate Bill 768*-First Edition Page 13 General Assembly Of North Carolina Session 2017 G.S.
(a) In indictments for rape it is not necessaryto allege every matter required to be proved on the trial;
(a) In indictments for rape it is not necessaryto allege everymatter required to be proved on the trial;
but in the body of the indictment, after naming the person accused, the date of the offense, thecountyin which theoffenseof rape was allegedlycommitted,andtheaverment "with force and arms," as is now usual, it is sufficient in describing rape to allege that the accused person unlawfully, willfully, and feloniously did ravish and carnally know the victim, naming her,byforceand against herwillandconcludingas isnowrequiredbylaw.Anybillofindictment containing the averments and allegations herein named shall be in this section is good and sufficient in law as an indictment for rape in the first degree and will support a verdict of guilty of rape in the first degree, rape in the second degree, attempted rape rape, or assault on a female.
but in the body of the indictment, after naming the person accused, the date of the offense, thecountyin which theoffenseof rape was allegedlycommitted,and theaverment "with force and arms," as is now usual, it is sufficient in describing rape to allege that the accused person unlawfully, willfully, and feloniously did ravish and carnally know the victim, naming her,byforceand against herwillandconcludingasisnowrequiredbylaw.Anybillofindictment containing the averments and allegations herein named in this section shall be is good and sufficient in law as an indictment for rape in the first degree and will support a verdict of guilty of rape in the first degree, rape in the second degree, attempted rape rape, or assault on a female.
Any bill of indictment containing the averments and allegations herein named shall be in this section is good and sufficient in law as an indictment for the rape of a female child under the age of 13 years and all lesser included offenses.
Any bill of indictment containing the averments and allegations herein named in this section shall be is good and sufficient in law as an indictment for the rape of a female child under the age of 13 years and all lesser included offenses.
Page 14 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 (c) Ifthevictimisapersonwhoismentallydisabled,mentallyincapacitated,hasamental disabilityor who is mentallyincapacitated or physicallyhelpless helpless, it is sufficient to allege that the defendant unlawfully, willfully, and feloniously did carnally know and abuse a person who was mentally disabled, had a mental disability or who was mentally incapacitated or physically helpless, naming such the victim, and concluding as aforesaid.
Page 14 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 (c) Ifthevictimisapersonwhoismentallydisabled,mentallyincapacitated,hasamental disabilityor who is mentallyincapacitated or physicallyhelpless helpless, it is sufficient to allege that the defendant unlawfully, willfully, and feloniously did carnally know and abuse a person who was mentally disabled, had a mental disability or who was mentally incapacitated or physically helpless, naming such the victim, and concluding as aforesaid.
Any bill of indictment containing the averments and allegations herein named shall be in this section is good and sufficient in law for the rape of a mentally disabled, mentally incapacitated or physically helpless person person who has a mental disability or who is mentally incapacitated or physically helpless and all lesser included offenses." SECTION 4.(j) G.S.
Any bill of indictment containing the averments and allegations herein named in this section shall be is good and sufficient in law for the rape of a mentally disabled, mentally incapacitated or physically helpless person person who has a mental disability or who is mentally incapacitated or physically helpless and all lesser included offenses." SECTION 4.(j) G.S.
Any bill of indictment containing the averments and allegations herein named shall be in this section is good and sufficient in law as an indictment for a first degree sex offense and will support a verdict of guilty of a sex offense in the first degree, a sex offense in the second degree, an attempt to commit a sex offense offense, or an assault.
Any bill of indictment containing the averments and allegations herein named in this section shall be is good and sufficient in law as an indictment for a first degree sex offense and will support a verdict of guilty of a sex offense in the first degree, a sex offense in the second degree, an attempt to commit a sex offense offense, or an assault.
Any bill of indictment containing the averments and allegations herein named shall be in this section is good and sufficient in law as an indictment for a sex offense against a child under the age of 13 years and all lesser included offenses.
Any bill of indictment containing the averments and allegations herein named in this section shall be is good and sufficient in law as an indictment for a sex offense against a child under the age of 13 years and all lesser included offenses.
Any bill of indictment containing the averments and allegations herein named shall be in this section is good and sufficient in law for a sex offense against a mentally disabled, mentally incapacitated or physicallyhelpless person person who has a mental disabilityor who is mentallyincapacitated or physically helpless and all lesser included offenses." SECTION 4.(k) G.S.
Any bill of indictment containing the averments and allegations herein named in this section shall be is good and sufficient in law for a sex offense against a mentally disabled, mentally incapacitated or physicallyhelpless person person who has a mental disabilityor who is mentallyincapacitated or physically helpless and all lesser included offenses." SECTION 4.(k) G.S.
(b) Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter 119 of Senate Bill 768*-Second Edition Page 15 General Assembly Of North Carolina Session 2017 Title 18 of the United States Code, when the interception mayprovide, or has provided, evidence of any offense that involves the commission of, or any conspiracy to commit, murder, kidnapping, hostage taking, robbery, extortion, bribery, rape, or any sexual offense, or when the interception may expedite the apprehension of persons indicted for the commission of these offenses.
(b) Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter 119 of Senate Bill 768*-First Edition Page 15 General Assembly Of North Carolina Session 2017 Title 18 of the United States Code, when the interception mayprovide, or has provided, evidence of any offense that involves the commission of, or any conspiracy to commit, murder, kidnapping, hostage taking, robbery, extortion, bribery, rape, or any sexual offense, or when the interception may expedite the apprehension of persons indicted for the commission of these offenses.
Page 16 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 The State Board shall mail notice of its intent to act pursuant to this subsection by certified mail, return receipt requested, directed to the professional educator's last known address.
Page 16 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 The State Board shall mail notice of its intent to act pursuant to this subsection by certified mail, return receipt requested, directed to the professional educator's last known address.
(e) Unless his the conduct is covered under someother provision oflaw providing greater punishment, any person who commits any aggravated assault or assault and battery on a handicappedpersonanindividualwithadisabilityisguiltyofaClassFfelony.
(e) Unless his the conduct is covered under someother provision oflawproviding greater punishment, any person who commits any aggravated assault or assault and battery on a handicappedpersonanindividualwithadisabilityisguiltyofaClassFfelony.
… Senate Bill 768*-Second Edition Page 17 General Assembly Of North Carolina Session 2017 (4) G.S.
… Senate Bill 768*-First Edition Page 17 General Assembly Of North Carolina Session 2017 (4) G.S.
Page 18 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 a.
Page 18 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 a.
Senate Bill 768*-Second Edition Page 19 General Assembly Of North Carolina Session 2017 After hearing the evidence, argument of counsel, and instructions of the court, the jury shall deliberate and render a sentence recommendation to the court, based upon all of the following matters:
Senate Bill 768*-First Edition Page 19 General Assembly Of North Carolina Session 2017 After hearing the evidence, argument of counsel, and instructions of the court, the jury shall deliberate and render a sentence recommendation to the court, based upon all of the following matters:
Page 20 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 (5) The defendant acted under duress or under the domination of another person.
Page 20 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 (5) The defendant acted under duress or under the domination of another person.
Such this State.
this State.
This information shall not be deemed is not a public record within the meaning of Chapter 132 of the General Statutes where it names the company divulging such the information, but the Commission may make public such the information to show aggregate statistics in respect to the experience of the State as a whole.
Such This information shall not be deemed is not a public record within the meaning of Chapter 132 of the General Statutes where it names the company divulging such the information, but the Commission may make public such the information to show aggregate statistics in respect to the experience of the State as a whole.
139-5, fire district, volunteer or paid fire department, rescue squads, squad, city or county Senate Bill 768*-Second Edition Page 21 General Assembly Of North Carolina Session 2017 parks and recreation commissions, commission, area mental health boards, board, area mental health, mental retardation developmental disabilities, and substance abuse authority as described in G.S.
139-5, fire district, volunteer or paid fire department, rescue squads, squad, city or county Senate Bill 768*-First Edition Page 21 General Assembly Of North Carolina Session 2017 parks and recreation commissions, commission, area mental health boards, board, area mental health, mental retardation developmental disabilities, and substance abuse authority as described in G.S.
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Page 22 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 "§ 153A-247.
Page 22 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 "§ 153A-247.
(a) Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for benefits for charges of hospitals or physicians, the policy shall provide for payments of benefits for charges made for medical care rendered in or by dulylicensed State tax-supported Senate Bill 768*-Second Edition Page 23 General Assembly Of North Carolina Session 2017 institutions, including charges for medical care of cerebral palsy, other orthopedic and crippling disabilities, mental and nervous diseases or disorders, mental retardation, intellectual disability, alcoholism and drug or chemical dependency, and respiratoryillness, on a basis no less favorable than the basis which would apply had the medical care been rendered in or by any other public or private institution or provider.
(a) Whenever any policy of insurance governed by Articles 1 through 64 of this Chapter provides for benefits for charges of hospitals or physicians, the policyshall provide for payments of benefits for charges made for medical care rendered in or by dulylicensed State tax-supported Senate Bill 768*-First Edition Page 23 General Assembly Of North Carolina Session 2017 institutions, including charges for medical care of cerebral palsy, other orthopedic and crippling disabilities, mental and nervous diseases or disorders, mental retardation, intellectual disability, alcoholism and drug or chemical dependency, and respiratoryillness, on a basis no less favorable than the basis which would apply had the medical care been rendered in or by any other public or private institution or provider.
Page 24 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 The following provisions of this Chapter are applicable to HMOs that are subject to this Article:
Page 24 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 The following provisions of this Chapter are applicable to HMOs that are subject to this Article:
other health impairments, specific learning disability, or other disability as may be Senate Bill 768*-Second Edition Page 25 General Assembly Of North Carolina Session 2017 required to be included under IDEA.
other health impairments, specific learning disability, or other disability as may be Senate Bill 768*-First Edition Page 25 General Assembly Of North Carolina Session 2017 required to be included under IDEA.
Page 26 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 e.
Page 26 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 e.
This definition shall does not apply to children with disabilities who were (i) enrolled in a particular local school administrative unit on the last day of school for the 2006-2007 school year,or(ii) enrolledin and attendingaschool in aparticular local school administrative unit on August 1, 2007, for the 2007-2008 school year for as long as they live within and are continuously enrolled in that local school administrative unit.
This definition shall does not apply to children with disabilities who were (i) enrolled in a particular local school administrative unit on the last day of school for the 2006-2007 school year,or(ii)enrolledin and attendingaschool in aparticular local school administrative unit on August 1, 2007, for the 2007-2008 school year for as long as they live within and are continuously enrolled in that local school administrative unit.
Upon the death of any inmate of an institution maintained by the State, or a city, county county, or other political subdivision of the State, for the care of the sick, mentallyill or mentally Senate Bill 768*-Second Edition Page 27 General Assembly Of North Carolina Session 2017 retarded, individuals with a sickness, mental illness, or intellectual disability, the administrator of the institution in which the death occurs is empowered to may authorize a postmortem examination of the deceased person.
Upon the death of any inmate of an institution maintained by the State, or a city, county county, or other political subdivision of the State, for the care of the sick, mentallyill or mentally Senate Bill 768*-First Edition Page 27 General Assembly Of North Carolina Session 2017 retarded, individuals with a sickness, mental illness, or intellectual disability, the administrator of the institution in which the death occurs is empowered to may authorize a postmortem examination of the deceased person.
bodies claimed by the Lifeguardianship Council of the AssociationforRetardedCitizensofNorthCarolina;
bodies claimed by the Lifeguardianship Council of the AssociationforRetardedCitizensofNorthCarolina;TheArcofNorthCarolina, Inc.;
TheArcofNorthCarolina, Inc.;
(a) Any person, including officers, employees employees, and agents of the State or of any unit of local government in the State, undertakers doing business within the State, hospitals, nursinghomeshomes, or otherinstitutions, havingphysical possession of adeadbodyshall make reasonable efforts to contact relatives of the deceased or other persons who may wish to claim the body for final disposition.
(a) Any person, including officers, employees employees, and agents of the State or of any unit of local government in the State, undertakers doing business within the State, hospitals, nursinghomes homes, or otherinstitutions, havingphysical possession of adeadbodyshall make reasonable efforts to contact relatives of the deceased or other persons who may wish to claim the body for final disposition.
The recipient to which the Commission ofAnatomydeliversthe bodyshall payall expenses forthe embalming and delivery of the body, and for body and the reasonable expenses arising from efforts to notify relatives or others.
The recipient to which the Commission ofAnatomydeliversthe bodyshall payall expenses forthe embalming anddelivery of the body, and for body and the reasonable expenses arising from efforts to notify relatives or others.
It shall make a study of the problems relating to the care of the physically handicapped individuals with a physical disability with a special reference to those whose physical handicap Page 28 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 disability renders them incapable of self-support and shall inquire into the methods of meeting and handling this problem in other states.
It shall make a study of the problems relating to the care of the physically handicapped individuals with a physical disability with a special reference to those whose physical handicap Page 28 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 disability renders them incapable of self-support and shall inquire into the methods of meeting and handling this problem in other states.
(d) Theprovisionsofthissectionshall Thissectiondoesnotapplytosheltered workshops or to Adult Development Activity Programs or to private residential facilities for the mentally retarded and developmentally disabled or to Developmental Day Care Centers or to any the following:
(d) The provisions of this section shall This section does not apply to the following:
(1) Sheltered workshops.
(1) sheltered workshops or to Sheltered workshops.
(2) Adult development activity programs.
(2) Adult Development Activity Programs or to Adult development activity programs.
(3) Private residential facilities for individuals with an intellectual or developmental disability.
(3) private residential facilities for the mentally retarded and developmentally disabled or to Private residential facilities for individuals with an intellectual or developmental disability.
(4) Developmental day care centers.
(4) Developmental Day Care Centers or to Developmental day care centers.
(5) Any nonprofit corporation or organization whose sole use of public funds is to provide hospital services or operate as a volunteer fire department, rescue squad, or ambulance squad, or which operates as a junior college, college college, or university duly accredited by the southern regional accrediting association.
(5) any Any nonprofit corporation or organization whose sole use of public funds is to provide hospital services or operate as a volunteer fire department, rescue squad, or ambulance squad, or which operates as a junior college, college college, or university duly accredited by the southern regional accrediting association.
– Any State department, institution, agency, or any political subdivision of the Senate Bill 768*-Second Edition Page 29 General Assembly Of North Carolina Session 2017 State or any person that contracts with a State department, institution, agency, or political subdivision of the State for the delivery of public services, including, but not limited to, education, health, social services, recreation, and rehabilitation.
– Any State department, institution, agency, or any political subdivision of the State or any person that contracts with a State department, institution, agency, Senate Bill 768*-First Edition Page 29 General Assembly Of North Carolina Session 2017 or political subdivision of the State for the delivery of public services, including, but not limited to, education, health, social services, recreation, and rehabilitation.
"Physical or mental impairment" means (i) any Physical or mental impairment.
"Physical or mental impairment" meansPhysical or mental impairment.
Any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, caused by bodily injury, birth defect defect, or illness, affecting a body system, including, but not limited to, neurological;
(i) any Any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, caused by bodily injury, birth defect defect, or illness, affecting a body system, including, but not limited to, neurological;
hemic andlymphatic;
hemic and lymphatic;
or(ii) anymentaldisorder, such as mental retardation, organic brain syndrome, mental illness, specific learning disabilities, and other developmental disabilities, but (iii) endocrine.
orendocrine.
Any mental or psychological disorder such as intellectual disability,organicbrainsyndrome,emotionalormentalillness, and specific learning disability.
(ii) any Any mental disorder, such as mental retardation, intellectual disabilities, organic brain syndrome, mental illness, specific learning disabilities, and other developmental disabilities,disabilities.
"Physical or mental impairment" excludes (A) (i) sexual preferences;
but (iii) "Physical or mental impairment" excludes (A) (i) sexual preferences;
and (C) (iii) any Page 30 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 disorder, condition condition, or disfigurement which is temporary in nature, lasting six months or fewer, and leaving no residual impairment.
and (C) (iii) any disorder, condition condition, or disfigurement which is temporary in nature, lasting six months or fewer, and leaving no residual impairment.
A disorder, condition, or disfigurement that is episodic or in remission is a physical or mental impairment if it would substantially limit a major life activity when active.
A disorder, condition, or disfigurement that is Page 30 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 episodic or in remission is a physical or mental impairment if it would substantially limit a major life activity when active.
"Is regarded as having an impairment" means (i) has Is regarded as having an impairment.
"Is regarded as having an impairment" meansIs regarded as having an impairment.
Hasaphysicalormentalimpairmentthatdoesnot substantially limit major life activities but that is treated as constituting such a limitation;
(i) has Has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation;limitation.
(ii) has limitation.
Has a physical or mental impairment that substantially limits major life activities because of the attitudes of others;
(ii) has Has a physical or mental impairment that substantially limits major life activities because of the attitudes of others;
or (iii) has others.
orothers.
Has none of the impairments defined in paragraph sub-subdivision a.
(iii) has Has none of the impairments defined in paragraph sub-subdivision a.
With regard to employment, a person with a disability who can satisfactorilyperform the duties of the job in question, with or without reasonable accommodation, (i) provided that the person with a disability shall not be held to standards of performance different from other employees similarly employed, and (ii) further provided that the disabling condition does not create an unreasonable risk to the safety Senate Bill 768*-Second Edition Page 31 General Assembly Of North Carolina Session 2017 or health of the person with a disability, other employees, the employer's customers, or the public;public.
With regard to employment, a person with a disability who can satisfactorilyperform the duties of the job in question, with or without reasonable accommodation, (i) provided that the person with a disability shall not be held to standards of performance different from other employees similarly employed, and (ii) further provided that the disabling condition does not create an unreasonable risk to the safety or health of the person with a disability, other employees, the employer's customers, or the public;public.
b.
Senate Bill 768*-First Edition Page 31 General Assembly Of North Carolina Session 2017 b.
Reasonable Page 32 Senate Bill 768*-Second Edition General Assembly Of North Carolina Session 2017 accommodations does do not require efforts which would impose an undue hardship on the entity involved.
Reasonable accommodations does do not require efforts which would impose an undue hardship on the entity involved.
(11) "Undue hardship" means a Undue hardship.
Page 32 Senate Bill 768*-First Edition General Assembly Of North Carolina Session 2017 (11) "Undue hardship" means a Undue hardship.
Senate Bill 768*-Second Edition Page 33
Senate Bill 768*-First Edition Page 33
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Action History

  1. Signed by Gov. 6/22/2018

  2. Ch. SL 2018-47

  3. Special Message Sent To Senate

  4. Special Message Received For Concurrence in H Amend

  5. Placed on Today's Calendar

  6. Concurred In H Amend S768v2

  7. Ordered Enrolled

  8. Ratified

  9. Pres. To Gov. 6/14/2018

  10. Reptd Fav

  11. Cal Pursuant Rule 36(b)

  12. Added to Calendar

  13. Amend Adopted A1

  14. Passed 2nd Reading

  15. Passed 3rd Reading

  16. Passed 2nd Reading

  17. Passed 3rd Reading

  18. Special Message Sent To House

  19. Special Message Received From Senate

  20. Passed 1st Reading

  21. Ref To Com On Judiciary I

  22. Reptd Fav

  23. Reptd Fav Com Substitute

  24. Com Substitute Adopted

  25. Re-ref Com On Rules and Operations of the Senate

  26. Withdrawn From Com

  27. Ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  28. Passed 1st Reading

  29. Ref To Com On Rules and Operations of the Senate

  30. Filed

Sponsors

  • Krawiec · Cosponsor
  • Harrington · Primary
  • Barringer · Primary

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

  • Harrington
  • Barringer

Co-sponsors (1)

  • Krawiec

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Passed 44 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 28005
Republican 9001
Total 44006
% of votes cast 88%0%0%12%
How each member voted (50)
Member Party Vote
McKissick — Yea
Randleman — Yea
Tarte — Yea
Ballard — Yea
Barefoot — Not Voting
Barrett — Yea
Curtis — Not Voting
Foushee — Not Voting
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
J.Davis — Not Voting
Barringer — Yea
Bishop — Yea
Dunn — Yea
Edwards — Yea
Fitch — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Not Voting
Rabin — Yea
Tillman — Yea
Wade — Yea
Wells — Yea
Woodard — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
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

Official roll call →

Second Reading

Passed 109 Yea · 2 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 68206
Democratic 13002
Republican 27001
U 1000
Total 109209
% of votes cast 91%2%0%8%
How each member voted (120)
Member Party Vote
Lucas — Yea
McElraft — Yea
Michaux — Yea
Muller — Yea
Presnell — Nay
Szoka — Yea
Terry — Yea
Wray — Yea
Yarborough — Yea
Zachary — Yea
Autry — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Dulin — Yea
Faircloth — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
Henson — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
T.Moore(Speaker) — Yea
R.Turner — Yea
S.Martin — Not Voting
Stone — Not Voting
Cleveland — Not Voting
Collins — Not Voting
Dollar — Yea
Elmore — Yea
Grange — Not Voting
Hardister — Yea
Horn — Yea
Hurley — Yea
Jordan — Yea
Lewis — Yea
McGrady — Yea
McNeill — Yea
Murphy — Yea
Rogers — Yea
Saine — Yea
Speciale — Nay
Steinburg — Yea
Williams — Not Voting
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
BrendenJones — Yea
Beasley — Yea
Black — Yea
Boles — Yea
Bradford — Yea
Bumgardner — Yea
Earle — Yea
Farmer-Butterfield — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Hunter — Yea
Insko — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Not Voting
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Not Voting
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 Not Voting
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
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 Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 768?
SB 768 is sponsored by Krawiec, Harrington, and Barringer.
What is the current status of SB 768?
This bill has been enacted into law. Introduced May 29, 2018. Enacted.
Where can I track SB 768?
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