AN ACT TO UPDATE STATUTES RELATING TO THE PROVISION OF SERVICES WITH PEOPLE FIRST LANGUAGE BY CHANGING THE PHRASE "MENTAL RETARDATION" TO "INTELLECTUAL DISABILITY" OR "INTELLECTUAL OR OTHER DEVELOPMENTAL DISABILITY" AND TO MAKE FURTHER PEOPLE FIRST LANGUAGE, TECHNICAL, AND CLARIFYING AMENDMENTS IN THOSE STATUTES, AND ALSO TO AMEND THE MEMBERSHIP OF THE GENERAL STATUTES COMMISSION TO REPEAL THE APPOINTING AUTHORITY OF THE CHARLOTTE SCHOOL OF LAW, WHICH HAS CLOSED, TO PROVIDE FOR THE TERMS OF MEMBERS TO BEGIN ON SEPTEMBER 1 RATHER THAN JUNE 1, AND TO HARMONIZE TWO PROVISIONS DEALING WITH VACANCIES AND HOLDOVER MEMBERS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. SL 2019-76. Enacted July 1, 2019. Parts I and II are effective October 1, 2019, except as otherwise provided in those parts. The remainder is effective July 1, 2019, except as otherwise provided.
Summary date: Jul 8 2019 - More information
Summary date: Jun 20 2019 - More information
House amendment to the 2nd edition makes the following changes.
Adds new Part II-A. Amends GS 164-14 to decrease the membership of the General Statutes Commission (Commission) from 14 to 13 members, eliminating one member appointed by the dean of the Charlotte School of Law. Makes technical changes to eliminate provisions providing for the terms of original members. Provides that member appointments are for two-year terms beginning September 1 of the year when the appointments are to become effective and expiring August 31 two years thereafter (currently, terms begin June 1 of the year when the appointments are to become effective and expire May 31 two years thereafter). Eliminates the requirement that appointments must be made no later than May 31 of the year when appointments are to become effective. Eliminates existing language concerning vacancies and instead provides that the original appointing authority must appoint a new member to fill a vacancy for the duration of the unexpired term when a vacancy occurs for any reason (currently, provides for the Governor to appoint new members in cases where original appointments or subsequent vacancies were not timely filled). Adds new provision to specify that the new vacancy provisions do not apply when a member is continuing to serve until the appointment of a successor has been made and reported to the secretary of the Commission, despite the expiration of the member's term. Makes conforming changes. Extends the terms of current members of the Commission to August 31 of the year in which they would otherwise expire.
Makes conforming changes to limit the act's effective date and applicability provisions to Parts I and II of the act. Makes conforming changes to the act's long title.
Summary date: Jun 17 2019 - More information
House committee substitute to the 1st edition makes the following changes.
Amends GS 131E-146 to substitute the term substance use disorder for substance abuse. Deletes proposed changes to GS 131E-184(h), instead maintaining capitalization of the term Legacy Care Facilities; removes the corresponding changes to the definition of the term under GS 131E-146.
Summary date: Apr 8 2019 - More information
Amends GS 122C-3 which includes the definitions of terms used in GS Chapter 122C (the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985) by deleting the terms mental retardation and mentally retarded with accompanying behavior disorder, and adds the term intellectual disability, meaning a developmental disability characterized by significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested before age 22 (which is substantively the same as the previous definition of mental retardation). Makes changes throughout GS Chapter 122C to replace the term mental retardation with intellectual disability or intellectual or other developmental disability; State facility for the mentally retarded with State developmental center; mentally ill with client who has a mental illness; developmentally disabled individual with an individual who has a developmental disability; and related changes. Makes additional technical and clarifying changes and makes language gender neutral. Makes clarifying changes in GS 122C-263 by deleting unnecessary language.
Makes the same updates to the terms above as they are used in the following statutes and also updates conditions to refer to individuals as having the condition instead of being the condition (for example replaces emotionally disturbed children with children with serious emotional disturbances): GS 7B-2502, GS 14-32.2, GS 90-106, GS 58-55-35, GS 108A-101, GS 131D-10.4, GS 131D-31, GS 131E-154.2, GS 131E-176, 131E-186, GS 131E-214.1, GS 136-18, GS 143-64.02, GS 143-117, GS 143-117.1, GS 148-19, GS 148-22, GS 153A-221, GS 153A-248, and GS 159-48.
Further amends GS 90-106 by making additional organizational and clarifying changes, changes to this statute apply to offenses committed on or after January 1, 2020. Further amends GS 58-55-35 by amending the definition of skilled nursing facility by setting out a definition instead of referring to the definition found in another statute, changes to this statute apply to contracts entered into on or after October 1, 2019.
Provides that the act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability.
Effective October 1, 2019, and applies to proceedings commenced or services rendered on or after that date.
© 2020 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.