Bill Text: NC S1180 | 2010 | Regular Session | Amended
Bill Title: Implement Gender Neutral Terms
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-05-18 - Ref To Com On Judiciary II [S1180 Detail]
Download: North_Carolina-2010-S1180-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 1
SENATE BILL 1180*
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Short Title: Implement Gender Neutral Terms. |
(Public) |
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Sponsors: |
Senators Hartsell; and Stevens. |
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Referred to: |
Judiciary II. |
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May 18, 2010
A BILL TO BE ENTITLED
AN ACT to substitute gender neutral terms for "businessman," "crewman," "enlisted man," "per man," "policeman," "workman," and, as appropriate, references to "man" where "man" is used to refer to a generic human being and not to a male individual, and to make technical corrections in the sections being amended.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 54B‑66(c) reads as rewritten:
"(c) In addition to any of the other penalties or
remedies provided by this Article, the willful omission, making, or concurrence
in making or publishing a written report, exhibit, or entry in a financial
statement on the books of the association, which contains a material statement
known to be false shall be deemed to be a Class 1 misdemeanor. For purposes of
this section, "material" shall mean "so substantial and
important as to influence a reasonable and prudent businessman business
person or investor."
SECTION 1.(b) G.S. 54C‑79(c) reads as rewritten:
"(c) In addition to any of the other penalties or
remedies provided by this Article, the willful omission, making, or concurrence
in making or publishing a written report, exhibit, or entry in a financial
statement on the books of the association, which contains a material statement known
to be false is deemed to be a Class 1 misdemeanor. For purposes of this
section, "material" shall mean "so substantial and important as
to influence a reasonable and prudent businessman business person
or investor."
SECTION 2. G.S. 105‑113.81(b) reads as rewritten:
"(b) Sales to Oceangoing Vessels. – Wholesalers and
importers of malt beverages and wine are not required to remit excise taxes on
malt beverages and wine sold and delivered for use on oceangoing vessels. An
oceangoing vessel is a ship that plies the high seas in interstate or foreign
commerce, in the transport of freight or passengers, or both, for hire
exclusively. To qualify for this exemption the beverages shall be delivered to
an officer or agent of the vessel for use on that vessel. Sales made to
officers, agents, crewmen,crew members, or passengers for their
personal use are not exempt."
SECTION 3. G.S. 127A‑152 reads as rewritten:
"§ 127A‑152. Placing name on muster roll wrongfully.
If any officer of the militia of the State shall knowingly or
willfully place, or cause to be placed, on any muster roll the name of any
person not regularly or lawfully enlisted, or the name of any enlisted man person
who is dead or who has been discharged, transferred, or has lost membership for
any cause whatsoever, or who has been convicted of any infamous crime, he the
officer shall be guilty of a Class 1 misdemeanor."
SECTION 4. G.S. 113‑28 reads as rewritten:
"§ 113‑28. Reimbursement of government for expense of emergency conservation work.
When and if, upon the sale of State lands or its products,
the Secretary determines that the State has derived a direct profit as a result
of work on the land sold, or on land the products of which are sold, done or to
be done, under a project carried on pursuant to an act of Congress entitled, "An
act for the relief of unemployment through the performance of useful public
work, and for other purposes"purposes," approved March
31, 1933, one half of such profit from such sale of land, or one half the
proceeds of the sale of such products, or such lesser amount as may be
sufficient, shall be applied to or toward reimbursing the United States
government for moneys expended by it under such act, for the work so done, to
the extent and at the rate of one dollar ($1.00) per man person per
day, for the time spent in such work, but not exceeding in the aggregate three
dollars ($3.00) per acre. The Secretary shall fix and determine the amount of
such profit or proceeds. Such one‑half part of such proceeds or profits,
as the case may be, shall be retained by the Department, or paid over to it by
any other authorized agency making the sale, to be so retained by such
Department until the account of the United States government, with respect to
such sale, becomes liquidated. Upon completion of the sale, the Department is
hereby authorized to settle with the proper federal authority an account fixing
the amount due the United States government and to pay over to it the amount so
fixed. The unexpended remainder, if any, of such one‑half part of such
profit or proceeds shall then be paid over or applied by said Department as now
authorized and directed by law. This section shall not be construed to
authorize the sale of State lands or products, but applies only to a sale now
or hereafter authorized by other provisions of law. This section is enacted to
procure a continuance of the emergency conservation work within the State,
under such act of Congress."
SECTION 5.(a) G.S. 106‑65.24 (1) and (7) read as rewritten:
"§ 106‑65.24. Definitions.
As used in this Article:
(1) "Animal" means all vertebrate and
invertebrate species, including but not limited to man humans and
other mammals, birds, fish, and shellfish.
…
(7) "Device" means any instrument or
contrivance (other than a firearm) which is intended for trapping, destroying,
repelling, or mitigating any pest or any other form of plant or animal life
(other than man humans and other than bacteria, virus, or other
microorganism on or in living man humans or other living
animals); but not including equipment used for the application of pesticides
when sold separately therefrom.
…."
SECTION 5.(b) G.S. 106‑65.45 reads as rewritten:
"§ 106‑65.45. Authority of the Board to adopt regulations.
The Board of Agriculture is hereby authorized to adopt
regulations to implement and carry out the purposes of this Article so as to
protect the environment from detrimental importation, rearing, sale, and/or
release of insects, parasites, predators and other biological organisms in
North Carolina, and to protect organisms that are beneficial to man people
and/or his their environment. No viable biological organism shall
be brought into North Carolina, reared, collected, propagated or offered for
sale or released except under such conditions as are prescribed by regulations
adopted under the provisions of this Article."
SECTION 5.(c) G.S. 106‑121(5), (6), and (8) read as rewritten:
"§ 106‑121. Definitions and general consideration.
For the purpose of this Article:
…
(5) The term "device," except when used in subdivision (15) of this section and in G.S. 106‑122, subdivision (10), 106‑130, subdivision (6), 106‑134, subdivision (3) and 106‑137, subdivision (3) means instruments, apparatus and contrivances, including their components, parts and accessories, intended
a. For use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man humans or other
animals; or
b. To affect the structure or any function of the body
of man humans or other animals.
(6) The term "drug" means
a. Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and
b. Articles intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man humans or
other animals; and
c. Articles (other than food) intended to affect the
structure or any function of the body of man humans or other
animals; and
d. Articles intended for use as a component of any
article specified in paragraphs a, b or c;a., b., or c.; but does
not include devices or their components, parts, or accessories.
…
(8) The term "food" means
a. Articles used for food or drink for man humans
or other animals,
b. Chewing gum, and
c. Articles used for components of any such article."
SECTION 5.(d) The introductory language to G.S. 106‑134.1(a) reads as rewritten:
"(a) A drug intended for use by man which:humans
that:".
SECTION 5.(e) G.S. 106‑193 reads as rewritten:
"§ 106‑193. Unwholesome products not classified; health officer notified.
Any person employed, licensed, or designated shall neither
classify nor certify as to the grade or other classification of any farm
product which, in his that person's judgment, is unwholesome or
unfit for food of man humans or other animal.animals.
If, in the performance of his official duties, he that person
discovers any farm product which is unwholesome or unfit for food of man humans
or for other animal animals for which it is intended, he the
person shall promptly report the fact to a health officer of the State or
of any county or municipality thereof."
SECTION 5.(f) G.S. 106‑305 reads as rewritten:
"§ 106‑305. Proclamation of infected feedstuff quarantine.
Upon the recommendation of the Commissioner of Agriculture,
it shall be lawful for the Governor to issue his a proclamation
forbidding the importation into this State of any feedstuff or any other
article or material dangerous to livestock and poultry as a carrier of
infectious or contagious disease from any area outside the State. This shall
also include any and all materials imported for manufacturing purposes or for
any other use, which have been tested by any state or federal agency competent
to make such tests and found to contain living infectious and contagious organisms
known to be injurious to the health of man,humans, livestock and
poultry."
SECTION 5.(g) G.S. 106‑338 reads as rewritten:
"§ 106‑338. Quarantine; removal or sale; sale and use of milk.
The owner or owners of an animal affected with tuberculosis shall
keep said the animal isolated and quarantined in such a manner as
to prevent the spread of the disease to the other animals or man.to
humans. SaidThe affected animals must not be moved from the
place where quarantined or sold, or otherwise disposed of except upon
permission of the State Veterinarian, and then only in accordance with his the
State Veterinarian's instructions. The milk from said the
affected animals must not be sold, and if used shall be first boiled or
properly pasteurized."
SECTION 5.(h) G.S. 106‑549.81(1) reads as rewritten:
"(1) "Animal" means any member of the
animal kingdom except man. a human."
SECTION 5.(i) G.S. 106‑707 reads as rewritten:
"§ 106‑707. Short title and purpose.
This Article shall be known as "The North Carolina Biologics
Law of 1981." The purpose of the law is to provide for the production and
sale of biologics for the prevention or treatment of disease in animals other
than man humans and to establish controls for the sale and use of
biologics in North Carolina."
SECTION 5.(j) G.S. 106‑708(1) and (2) read as rewritten:
"§ 106‑708. Definitions.
For purposes of this Article, the following words, terms and phrases are defined as follows:
(1) "Animal" means all birds and mammals,
other than man, humans, to which biologics may be administered.
(2) "Biologics" means preparations made from
living organisms and their products, including serums, vaccines, antigensantigens,
and antitoxins whichthat are used for the treatment or prevention
of diseases in animals other than humans, or in the diagnosis of diseases.
.…"
SECTION 5.(k) G.S. 113A‑3 reads as rewritten:
"§ 113A‑3. Declaration of State environmental policy.
The General Assembly of North Carolina, recognizing the
profound influence of man's human activity on the natural
environment, and desiring, in its role as trustee for future generations, to
assure that an environment of high quality will be maintained for the health
and well‑being of all, declares that it shall be the continuing policy of
the State of North Carolina to conserve and protect its natural resources and
to create and maintain conditions under which man human beings and
nature can exist in productive harmony. Further, it shall be the policy of the
State to seek, for all of its citizens, safe, healthful, productive and
aesthetically pleasing surroundings; to attain the widest range of beneficial
uses of the environment without degradation, risk to health or safety; and to
preserve the important historic and cultural elements of our common
inheritance."
SECTION 5.(1) G.S. 143‑444 reads as rewritten:
"§ 143‑444. Determinations.
The Board is authorized:
(1) To declare as a pest any form of plant or animal
life or virus which is injurious to plants, man,humans, domestic
animals, articles, or substances;
(2) To determine whether pesticides are highly toxic to
man;humans; and
(3) To determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of G.S. 143‑443(a)(4)."
SECTION 6.(a) G.S. 113‑315.34(d) reads as rewritten:
"(d) The Secretary of Commerce is authorized to
appoint such number of employees of the Authority as hethe Secretary
may think proper as special policemen,police officers, who, when
so appointed, shall have within the jurisdiction of the Authority all the
powers of policemenpolice officers of incorporated towns. Special
policemenpolice officers may arrest persons who violate State law
or a rule adopted by the Authority. Employees appointed as such special policemenpolice
officers shall take the general oath of office prescribed by G.S. 11‑11."
SECTION 6.(b) G.S. 143B‑461(d) reads as rewritten:
"(d) The Executive Director of the Authority is
authorized to appoint such number of employees of the Authority as hethe
Executive Director may think proper as special policemen, police
officers, who, when so appointed, shall have all the powers of policemen
police officers of incorporated towns. Such policemen police
officers shall have the power of arrest of persons committing violations of
State law or any reasonable rules, regulations and ordinances lawfully adopted
by the Authority as herein authorized. Employees appointed as such special policemen
police officers shall take the general oath of office prescribed by G.S. 11‑11."
SECTION 6.(c) G.S. 160A‑285 reads as rewritten:
"§ 160A‑285. Powers and duties of policemen.
As a peace officer, a policeman police officer
shall have within the corporate limits of the city all of the powers invested
in law‑enforcement officers by statute or common law. He The
police officer shall also have power to serve all civil and criminal
process that may be directed to him that officer by any officer
of the General Court of Justice and may enforce the ordinances and regulations
of the city as the council may direct."
SECTION 6.(d) G.S. 160A‑286 reads as rewritten:
"§ 160A‑286.
Extraterritorial jurisdiction of policemen. police officers.
In addition to their authority within the corporate limits,
city policemen police officers shall have all the powers invested
in law‑enforcement officers by statute or common law within one mile of
the corporate limits of the city, and on all property owned by or leased to the
city wherever located.
Any police officer pursuing an offender outside the
corporate limits or extraterritorial jurisdiction of the city shall be entitled
to all of the privileges, immunities, and benefits to which he the
officer would be entitled if acting within the city, including coverage
under the workers' compensation laws."
SECTION 6.(e) The terms "policeman" and "policemen" are changed to "police officer" and "police officers", in G.S. 20‑125, 20‑130, 105‑367, 120‑32.2, 160A‑281, and 160A‑284.
SECTION 7.(a) G.S. 23‑10(2) reads as rewritten:
"(2) Wages due to workmen,workers,
clerks, traveling or city salesmen, salespersons, or servants,
which have been earned within three months before registration of said deed of
trust or deed of assignment, and".
SECTION 7.(b) G.S. 95‑110.3 reads as rewritten:
"§ 95‑110.3. Definitions.
(a) The term "Commissioner" shall mean the
North Carolina Commissioner of Labor or his the Commissioner's authorized
representative.
…
(f) The term "inclined stairway chair lift"
shall mean a hoisting and lowering mechanism with one or more chairs or a
platform for one or more wheelchairs installed on a stairway for the purpose of
transporting a physically disabled person. person who is physically
disabled.
(g) The term "inclined or vertical wheelchair
lift" shall mean a powered platform‑elevating device used to
transport a physically disabled person person who is physically
disabled and in a wheelchair.
(h) The term "manlift" shall mean platforms or brackets and accompanying handholds, mounted on, or attached to, an endless belt operating vertically in one direction only and being supported by, and driven through, pulleys at the top and bottom and intended primarily for the conveyance of persons.
…
(n) The term "special equipment" shall mean
any permanently or semi‑permanently located device, manually or power‑operated,
used for moving or lifting person or persons and materials but not considered
as an elevator, escalator, dumbwaiter, moving walk, personnel hoist, inclined
stairway chair lift, inclined or vertical wheelchair lift, or manlift. Special
equipment shall include, but not be limited to, manhoists, lift bridges,
elevators which are used only for handling building materials and workmen workers
during construction, and stage and orchestra lifts."
SECTION 7.(c) G.S. 163‑278.6(12) reads as rewritten:
"(12) The term "labor union" means any union,
organization, combination or association of employees or workmen workers
formed for the purposes of securing by united action favorable wages, improved
labor conditions, better hours of labor or work‑related benefits, or for
handling, processing or righting grievances by employees against their
employers, or for representing employees collectively or individually in
dealings with their employers. The term includes any unions to which Article
10, Chapter 95 of the General Statutes applies."
SECTION 8. This act is effective when it becomes law.
