Article 1. Rights.
§ 168-1. Purpose and definition.
The State shall encourage and enable persons with disabilities to participate fully in the social and economic life of the State and to engage in remunerative employment. For purposes of this Article, the term “person with a disability” shall have the same meaning as set forth in G.S. 168A-3(7a) .
History. 1973, c. 493, s. 1; 2000-121, s. 33; 2005-450, s. 1.
Editor’s Note.
Session Laws 2008-83, s. 2, provides: “The UNC-CH Division TEACCH Autism Program (TEACCH), in consultation with the School of Government and the Autism Society of NC, shall develop a video to raise awareness of autism for those involved in government and public service, including information on recognizing the signs and symptoms of autism spectrum disorders, and contacts for further information on appropriate responses to individuals with autism.”
Session Laws 2009-264, s. 1, provides: “It is the intent of the General Assembly to refer to a person with a disability as a person first when directing the drafting of statutes and resolutions. The Legislative Services Office shall incorporate into its drafting training of legislative drafters the preference to avoid language that implies a person as a whole is disabled, equates a person with his or her condition, or is regarded as derogatory or demeaning. The Arc of North Carolina shall provide a list of nationally recognized descriptors to the Legislative Services Office to be used in this training.”
Session Laws 2009-264, s. 2, provides: “The General Statutes Commission shall recommend to the 2010 reconvened session of the 2009 General Assembly and to the 2011 Regular Session of the General Assembly any statutory changes and drafting policies needed to make the General Statutes and administrative rules refer to a person with a disability as a person first. The goal of such revisions shall be to avoid language that implies a person as a whole is disabled, equates a person with his or her condition, or is regarded as derogatory or demeaning. In making recommendations, the General Statutes Commission shall distinguish those instances where a word or phrase is required by federal law or regulation, is describing a medical diagnosis, or is referring to nonliving entities such as facilities, organizations, programs, services, or zone designations.”
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, rewrote the section.
Legal Periodicals.
For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980).
For comment on exclusionary zoning of community facilities, see 12 N.C. Cent. L.J. 167 (1980).
For note on employment discrimination against the handicapped, see 16 Wake Forest L. Rev. 836 (1980).
For note on AIDS and employment discrimination, see 23 Wake Forest L. Rev. 305 (1988).
CASE NOTES
Legislative Intent. —
The legislature intended to grant broad protection of basic rights to all persons with any type of disability, and additionally sought to grant particular protection to an especially disabled group, the “visually handicapped.” Burgess v. Joseph Schlitz Brewing Co., 39 N.C. App. 481, 250 S.E.2d 687, 1979 N.C. App. LEXIS 2528 , rev'd, 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
Liberal Construction. —
This Chapter is remedial statute, and should be construed broadly rather than narrowly to achieve its purposes. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
Disability, in the context of this Chapter, is a present, noncorrectable loss of function which substantially impairs a person’s ability to function normally. Pressman v. UNC, 78 N.C. App. 296, 337 S.E.2d 644, 1985 N.C. App. LEXIS 4308 (1985).
Application of Term “Visually Handicapped”. —
The General Assembly did not intend the narrow definition of “visually handicapped” in G.S. 111-11 to control the meaning of the term “visual disabilities” in this section; rather, the General Assembly intended that the definition in G.S. 111-11 would apply only when the specific term “visually handicapped” was used. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
The term “visual disability,” as used in this section, includes as its most serious gradation the “visually handicapped” as defined in G.S. 111-11 , but also includes person with visual impairments less serious than those encompassed by the term “visually handicapped.” Burgess v. Joseph Schlitz Brewing Co., 39 N.C. App. 481, 250 S.E.2d 687, 1979 N.C. App. LEXIS 2528 , rev'd, 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
Person who has eye disease but whose vision is functioning normally with glasses is not visually disabled within the meaning of this section, and thus is not a “handicapped person” who is granted a right of employment by G.S. 168-6 . Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
People Irritated by Tobacco Smoke. —
It is manifestly clear that the legislature did not intend to include within the meaning of “handicapped persons” those people with “any pulmonary problem,” however minor, nor all people who are harmed or irritated by tobacco smoke. GASP v. Mecklenburg County, 42 N.C. App. 225, 256 S.E.2d 477, 1979 N.C. App. LEXIS 2784 (1979).
A person suffering from occasional episodes of stress, depression and mental exhaustion is not a “handicapped person,” as defined by Chapter 168, suffering from a mental disability. Pressman v. UNC, 78 N.C. App. 296, 337 S.E.2d 644, 1985 N.C. App. LEXIS 4308 (1985).
OPINIONS OF ATTORNEY GENERAL
This Chapter can be criminally enforced even though no criminal penalty is prescribed, and can be civilly enforced even though no specific civil remedy is prescribed. See opinion of Attorney General to Honorable James B. Hunt, 45 N.C. Op. Att'y Gen. 131 (1975).
§ 168-2. Right of access to and use of public places.
Persons with disabilities have the same right as persons without disabilities to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and all other buildings and facilities, both publicly and privately owned, which serve the public.
History. 1973, c. 493, s. 1; 1991, c. 672, s. 4; c. 726, s. 23; 1991 (Reg. Sess., 1992), c. 959, s. 84; 1997-443, s. 11A.118(a); 2004-203, s. 61; 2005-450, s. 1; 2015-241, s. 12F.17; 2015-264, s. 87(a), (b).
Editor’s Note.
Session Laws 2015-241, s. 12F.17, repealed this section effective July 1, 2015. Session Laws 2015-246, s. 87(a), repealed Session Laws 2015-241, s. 12F.17, reenacting this section effective October 1, 2015.
Session Laws 2015-241, s. 1.1, provides: “This act shall be known as ‘The Current Operations and Capital Improvements Appropriations Act of 2015.’ ”
Session Laws 2015-241, s. 33.6, is a severability clause.
Effect of Amendments.
Session Laws 2004-203, s. 61, effective August 17, 2004, substituted “Commerce” for “Economic and Community Development” in the fourth sentence.
Session Laws 2005-450, s. 1, effective September 1, 2005, in the first sentence, substituted “Persons with disabilities” for “Handicapped persons” and “persons without disabilities” for “the able-bodied.”
Session Laws 2015-264, s. 87(b), effective October 1, 2015, deleted the last four sentences, pertaining to the ACCESS NORTH CAROLINA publication.
CASE NOTES
Application of Term “Visually Handicapped”. —
The General Assembly did not intend the narrow definition of “visually handicapped” in G.S. 111-11 to control the meaning of the term “visual disabilities” in G.S. 168-1 ; rather, the General Assembly intended that the definition in G.S. 111-11 would apply only when the specific term “visually handicapped” was used. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
§ 168-3. Right to use of public conveyances, accommodations, etc.
Persons with disabilities are entitled to accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes of transportation; hotels, lodging places, places of public accommodation, amusement or resort to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
History. 1973, c. 493, s. 1; 2005-450, s. 1.
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “Persons with disabilities” for “The handicapped and physically disabled.”
CASE NOTES
Application of Term “Visually Handicapped”. —
The General Assembly did not intend the narrow definition of “visually handicapped” in G.S. 111-11 to control the meaning of the term “visual disabilities” in G.S. 168-1 ; rather, the General Assembly intended that the definition in G.S. 111-11 would apply only when the specific term “visually handicapped” was used. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
§§ 168-4, 168-4.1. [Repealed]
Repealed by Session Laws 1985, c. 514, s. 1.
Cross References.
As to assistance dogs for mobility impaired persons, visually impaired persons, and hearing impaired persons, see now G.S. 168-4.2 through 168-4.6.
§ 168-4.2. May be accompanied by service animal.
- Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3 , and has the right to keep the service animal on any premises the person leases, rents, or uses. The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3 , stamped “NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION” and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3 .
- An animal in training to become a service animal may be taken into any of the places listed in G.S. 168-3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training. The trainer shall be liable for any damage caused by the animal while using a public conveyance or on the premises of a public facility or other place listed in G.S. 168-3 .
History. 1985, c. 514, s. 1; 1987, c. 401, s. 1; 1995, c. 276, s. 1; 1997-443, s. 11A.118(a); 2004-203, s. 62(a); 2005-450, s. 1.
Effect of Amendments.
Session Laws 2004-203, s. 62(a), effective August 17, 2004, rewrote the section heading, which read: “May be accompanied by assistance dog”; in the first paragraph, deleted “or” preceding “visual disability,” inserted “or person with a seizure disorder” preceding “has the right,” substituted “service animal” for “assistance dog” wherever it appears, substituted “under” for “pursuant to,” substituted “animal” for “dog,” substituted “service animal may accompany that animal’s trainer” for “trainer of the assistance dog may be accompanied by the dog,” and made punctuation and stylistic changes throughout.
Session Laws 2005-450, s. 1, effective September 1, 2005, designated the prior existing provisions as subsection (a) and rewrote that subsection; and added subsection (b).
Legal Periodicals.
For comment, “The Dog Days in American Public Schools: Observations and Suggestions Regarding the Laws, Challenges and Amazing Benefits of Allowing Service Animals to Accompany Children with Special Needs to School,” see 35 Campbell L. Rev. 149 (2012).
§ 168-4.3. Training and registration of service animal.
The Department of Health and Human Services, shall adopt rules for the registration of service animals and shall issue registrations to a person with a disability who makes application for registration of an animal that serves as a service animal or to a person who is training an animal as a service animal.
The rules adopted regarding registration shall require that the animal be trained or be in training as a service animal. The rules shall provide that the certification and registration need not be renewed while the animal is serving or training with the person applying for the registration. No fee may be charged the person for the application, registration, tag, or replacement in the event the original is lost. The Department of Health and Human Services may, by rule, issue a certification or accept the certification issued by the appropriate training facilities.
History. 1985, c. 514, s. 1; 1987, c. 401, s. 2; 1997-443, s. 11A.118(a); 2004-203, s. 62(b); 2005-450, s. 1.
Effect of Amendments.
Session Laws 2004-203, s. 62(b), effective August 17, 2004, rewrote the section heading, which read: “Training and registration of assistance dog”; in the first sentence, substituted “service animals” for “assistance dogs,” deleted “or” following “a mobility impaired,” inserted “, or a person with a seizure disorder” following “mobility impaired person,” substituted “an animal” for “a dog”; substituted “a service animal” for “an assistance dog” in the first and second sentences; and substituted “animal” for “dog” three times in the second sentence.
Session Laws 2005-450, s. 1, effective September 1, 2005, rewrote the section.
§ 168-4.4. Responsibility for service animal.
Neither a person with a disability who is accompanied by a service animal, nor a person who is training a service animal, may be required to pay any extra compensation for the animal. The person has all the responsibilities and liabilities placed on any person by any applicable law when that person owns or uses any animal, including liability for any damage done by the animal.
History. 1985, c. 514, s. 1; 2004-203, s. 62(c); 2005-450, s. 1.
Effect of Amendments.
Session Laws 2004-203, s. 62(c), effective August 17, 2004, rewrote the section heading, which read: “Responsibility for assistance dog”; deleted “or” following “hearing impaired person,” inserted “or person with a seizure disorder” following “mobility impaired person,” substituted “a service animal” for “an assistance dog,” and substituted “animal” for “dog” wherever it appears.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “Neither a person with a disability who is accompanied by a service animal, nor a person who is training a service animal, may be” for “The visually impaired person, hearing impaired person, mobility impaired person, or person with a seizure disorder who is accompanied by a service animal may not be” in the first sentence.
§ 168-4.5. Penalty.
It is unlawful to disguise an animal as a service animal or service animal in training. It is unlawful to deprive a person with a disability or a person training a service animal of any rights granted the person pursuant to G.S. 168-4.2 through G.S. 168-4.4 , or of any rights or privileges granted the general public with respect to being accompanied by animals or to charge any fee for the use of the service animal. Violation of this section shall be a Class 3 misdemeanor.
History. 1985, c. 514, s. 1; 1987, ch. 401, s. 3; 1993, c. 539, s. 1120; 1994, Ex. Sess., c. 24, s. 14(c); 2005-450, s. 1.
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, rewrote the section.
§ 168-4.6. Donation of dogs for training.
Dogs impounded by a local dog warden that are not redeemed shall be donated to a nonprofit agency engaged in the training of service dogs, upon the agency’s request.
History. 1985, c. 514, s. 1; 2005-450, s. 1.
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “service dogs” for “assistance dogs.”
§ 168-5. [Repealed]
Repealed by Session Laws 2005-450, s. 1, effective September 1, 2005.
§ 168-6. [Repealed]
Repealed by Session Laws 1985, c. 571, s. 3.
Cross References.
For the Handicapped Persons Protection Act, see now 168A-1 et seq.
§§ 168-7, 168-7.1. [Repealed]
Repealed by Session Laws 1985, c. 514, s. 1.
Cross References.
As to assistance dogs for mobility impaired persons, visually impaired persons, and hearing impaired persons, see now G.S. 168-4.2 through 168-4.6.
§ 168-8. Right to habilitation and rehabilitation services.
A person with a disability shall be entitled to such habilitation and rehabilitation services as available and needed for the development or restoration of their capabilities to the fullest extent possible. Such services shall include, but not be limited to, education, training, treatment and other services to provide for adequate food, clothing, housing and transportation during the course of education, training and treatment. A person with a disability shall be entitled to these rights subject only to the conditions and limitations established by law and applicable alike to all persons.
History. 1973, c. 493, s. 1; 2005-450, s. 1.
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “A person with a disability” for “Handicapped persons” in the first and last sentences.
CASE NOTES
Application of Term “Visually Handicapped”. —
The General Assembly did not intend the narrow definition of “visually handicapped” in G.S. 111-11 to control the meaning of the term “visual disabilities” in G.S. 168-1 ; rather, the General Assembly intended that the definition in G.S. 111-11 would apply only when the specific term “visually handicapped” was used. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
§ 168-9. Right to housing.
Each person with a disability who is a citizen shall have the same right as any other citizen to live and reside in residential communities, homes, and group homes, and no person or group of persons, including governmental bodies or political subdivisions of the State, shall be permitted, or have the authority, to prevent any person with a disability who is a citizen from living and residing in residential communities, homes, and group homes on the same basis and conditions as any other citizen. Nothing herein shall be construed to conflict with provisions of Chapter 122C of the General Statutes.
History. 1975, c. 635; 1985, c. 589, s. 61; 2005-450, s. 1.
Editor’s Note.
Session Laws 2005-450, s. 1, appeared to be amending “168.9,” rather than “168-9.” This apparently is a typographical error and the amendment was given effect in this section at the direction of the Revisor of Statutes.
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “person with a disability who is a” for “handicapped” twice; and deleted “on the basis of his or her handicap” preceding “from living and residing.”
Legal Periodicals.
For comment on exclusionary zoning of community facilities, see 12 N.C. Cent. L.J. 167 (1980).
CASE NOTES
Application of Term “Visually Handicapped”. —
The General Assembly did not intend the narrow definition of “visually handicapped” in G.S. 111-11 to control the meaning of the term “visual disabilities” in G.S. 168-1 ; rather, the General Assembly intended that the definition in G.S. 111-11 would apply only when the specific term “visually handicapped” was used. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
§ 168-10. Eliminate discrimination in treatment of persons with disabilities.
Each person with a disability shall have the same consideration as any other person for individual accident and health insurance coverage, and no insurer, service corporation, multiple employer welfare arrangement, or health maintenance organization subject to Chapter 58 of the General Statutes solely on the basis of the person’s disability, shall deny such coverage or benefits. The availability of coverage or benefits shall not be denied solely because of the disability; however, any such insurer may charge the appropriate premiums or fees for the risk insured on the same basis and conditions as insurance issued to other persons, in accordance with actuarial and underwriting principles and other coverage provisions prescribed in Chapter 58 of the General Statutes. No insurer, service corporation, multiple employer welfare arrangement, or health maintenance organization subject to Chapter 58 of the General Statutes shall be prohibited from excluding by waiver or otherwise, any preexisting conditions from coverage as prescribed in G.S. 58-51-15(a)(2)b.
History. 1977, c. 894, ss. 1, 2; 1991, c. 720, s. 80; 1999-219, s. 3.1; 2005-450, s. 1.
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “persons with disabilities” for “handicapped and disabled” in the section heading; substituted “disability” for “handicap” twice; and substituted “person with a disability” for “handicapped person” in the first sentence.
CASE NOTES
Application of Term “Visually Handicapped”. —
The General Assembly did not intend the narrow definition of “visually handicapped” in G.S. 111-11 to control the meaning of the term “visual disabilities” in G.S. 168-1 ; rather, the General Assembly intended that the definition in G.S. 111-11 would apply only when the specific term “visually handicapped” was used. Burgess v. Joseph Schlitz Brewing Co., 298 N.C. 520 , 259 S.E.2d 248, 1979 N.C. LEXIS 1376 (1979).
§§ 168-11 through 168-13.
Reserved for future codification purposes.
Article 2. Vocational Rehabilitation.
§ 168-14. Vocational rehabilitation services for deaf persons.
The Department of Health and Human Services shall promote the employment of deaf persons in this State. The Department shall assist deaf persons whose disability limits employment opportunities in obtaining gainful employment commensurate with their abilities and in maintaining such employment.
The Department, in furtherance of these objectives, shall maintain statistics regarding trades and occupations in which deaf persons are employed.
The Department shall attempt to employ deaf persons in its vocational rehabilitation services for deaf persons and shall have at least one deaf person so employed.
History. 1975, c. 412, s. 2; 1997-443, s. 11A.118(a).
Editor’s Note.
Session Laws 1975, c. 412, s. 3, provided: “The intent of this act is to transfer the Bureau of Labor for the Deaf from the Department of Labor to the Department of Human Resources as a Type I transfer as defined in G.S. 143A-6(a) .” Section 1 of the 1975 act repealed G.S. 95-70 to 95-72, which formerly provided for the Bureau of Labor for the Deaf.
§§ 168-15 through 168-19.
Reserved for future codification purposes.
Article 3. Family Care Homes.
§§ 168-20 through 168-22. [Repealed]
Repealed by Session Laws 2020-25, s. 49(b), effective June 19, 2020.
History. S. 168-20; 1981, c. 565, s. 1; 2005-450, s. 1; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (b), 51(a), (b), (d); repealed by 2020-25, s. 49(b), effective June 19, 2020. s. 168-21; 1981, c. 565, s. 1; 1985, c. 589, s. 62; 1995, c. 535, s. 36; 2002-159, s. 24; 2005-450, s. 1; 2018-47, s. 13; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (b), 51(a), (b), (d); repealed by 2020-25, s. 49(b), effective June 19, 2020. s. 168-22; 1981, c. 565, s. 1; 1993 (Reg. Sess., 1994), c. 619, s. 1; 1999-219, s. 3.2; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (b), 51(a), (b), (d); repealed by 2020-25, s. 49(b), effective June 19, 2020.
Editor’s Note.
Former G.S. 168-20 pertained to public policy. Former G.S. 168-21 pertained to definitions. Former G.S. 168-22 pertained to family care home; zoning and other purposes.
Session Laws 2019-111, s. 2.8, is a severability clause.
Session Laws 2019-111, s. 2.6(j), provided for the delayed repeal of Article 3 of Chapter 168, effective January 1, 2021. That provision was amended by Session Laws 2020-3, s. 4.33(a), to change the delayed effective date to August 1, 2021. Session Laws 2019-111, s. 2.6(j), and Session Laws 2020-3, s. 4.33 were repealed by Session Laws 2020-25, ss. 49(a), 51(d), effective June 19, 2020.
Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), provides, in part: “Part II of this act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date.” Session Laws 2020-25, s. 51(a), (d), repealed Session Laws 2019-111, s. 3.2, and Session Laws 2020-3, s. 4.33, effective June 19, 2020.”
Session Laws 2020-3, s. 5, is a severability clause.
Session Laws 2020-25, s. 51(b), provides: “Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of:
“(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or
“(2) July 1, 2021.”
Effect of Amendments.
Session Laws 2005-450, s. 1, effective September 1, 2005, substituted “persons with disabilities” for “handicapped persons.”
Legal Periodicals.
For survey of 1981 property law, see 60 N.C.L. Rev. 1420 (1982).
§ 168-23. Certain private agreements void.
Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property which would permit residential use of property but prohibit the use of the property as a family care home as defined in G.S. 160D-907 is void as against public policy to the extent of the prohibition and shall be given no legal or equitable force or effect.
History. 1981, c. 565, s. 1; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (c), 51(a), (b), (d).
Editor’s Note.
Session Laws 2019-111, s. 2.6(j), as amended by Session Laws 2020-3, s. 4.33(a), provided for the delayed repeal of Article 3 of Chapter 168, effective August 1, 2021, and applicable to local government development regulation decisions made on or after that date. Session Laws 2020-25, ss. 49(a) and 51(d), repealed Session Laws 2019-111, s. 2.6(j) and 2020-3, s. 4.33(a), effective June 19, 2020.
Session Laws 2019-111, s. 2.8, is a severability clause.
Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), provides, in part: “Part II of this act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date.” Session Laws 2020-25, s. 51(a), (d), repealed Session Laws 2019-111, s. 3.2, and Session Laws 2020-3, s. 4.33, effective June 19, 2020.”
Session Laws 2020-3, s. 5, is a severability clause.
Session Laws 2020-25, s. 51(b), provides: “Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of:
“(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or
“(2) July 1, 2021.”
Effect of Amendments.
Session Laws 2020-25, s. 49(c), effective June 19, 2020, substituted “as defined in G.S. 160D-907 is void” for “shall, to the extent of such prohibition, be void” and added “to the extent of the prohibition.”