Bill Text: NC S474 | 2017-2018 | Regular Session | Amended
Bill Title: A Common Sense Repeal of HB2
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-30 - Ref To Com On Rules and Operations of the Senate [S474 Detail]
Download: North_Carolina-2017-S474-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 474
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Short Title: A Common Sense Repeal of HB2. |
(Public) |
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Sponsors: |
Senator Tarte (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate |
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March 30, 2017
A BILL TO BE ENTITLED
AN ACT providing for the common sense repeal of House Bill 2 and adopting the federal law classifications for nondiscrimination in housing and employment.
The General Assembly of North Carolina enacts:
SECTION 1. HB2 Repealed. – S.L. 2016‑99 and S.L. 2016‑3 are repealed.
SECTION 2. Effect and Declaration. – Effective when this bill becomes law, access to multiple occupancy bathrooms, to showers, and to changing facilities shall be governed under the law in the same manner as was effective before January 1, 2015, because people have a right to privacy in public accommodations.
SECTION 3. Employment and Public Accommodations. – Article 49A of Chapter 143 of the General Statutes reads as rewritten:
"Equal Employment Practices.and
Equal Access to Public Accommodations Act.
"§ 143‑422.1. Short title.
This Article shall be known and may
be cited as the Equal Employment Practices Act.and Equal Access to
Public Accommodations Act.
"§ 143‑422.2. Legislative declaration.
(a) It is the public policy of this State to protect
and safeguard the right and opportunity of all persons to seek, obtain and hold
employment without discrimination or abridgement on account of race,
religion, color, national origin, age, sex or handicap race, sex, sexual
orientation, national origin, citizenship, religion, age, veteran status,
genetic information, pregnancy, handicap, or disability by employers which
regularly employ 15 or more employees.
(b) It is recognized that the practice of denying employment opportunity and discriminating in the terms of employment foments domestic strife and unrest, deprives the State of the fullest utilization of its capacities for advancement and development, and substantially and adversely affects the interests of employees, employers, and the public in general.
(c) Repealed.
(d) It is the public policy of this State to protect and safeguard the right and opportunity of all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations free of discrimination because of race, sex, sexual orientation, national origin, citizenship, religion, age, veteran status, genetic information, pregnancy, handicap, or disability.
(e) If a person's bona fide religious beliefs are contrary to the requirements of this section, then the person is exempt from the requirements.
(f) For purposes of this Article, "place of public accommodations" has the same meaning as defined in G.S. 168A‑3(8), but shall exclude any private club or other establishment not, in fact, open to the public.
"§ 143‑422.3. Investigations; conciliations.
(a) The Human Relations Commission in the Department of Administration shall have the authority to receive charges of discrimination from the Equal Employment Opportunity Commission pursuant to an agreement under Section 709(b) of Public Law 88‑352, as amended by Public Law 92‑261, and investigate and conciliate charges of discrimination. Throughout this process, the agency shall use its good offices to effect an amicable resolution of the charges of discrimination.
(b) The Human Relations Commission in the Department of Administration shall have the authority to receive, investigate, and conciliate complaints of discrimination in places of public accommodations. Throughout this process, the Human Relations Commission shall use its good offices to effect an amicable resolution of the complaints of discrimination."
SECTION 4.1. Housing/Protections. – G.S. 41A‑4 reads as rewritten:
"§ 41A‑4. Unlawful discriminatory housing practices.
(a) It is an unlawful discriminatory housing practice for any person in a real estate transaction, because of race, color, religion, sex, sexual orientation, national origin, citizenship, disability, handicapping condition, genetic information, pregnancy, veteran status, or familial status to:
…
(b1) It is an unlawful discriminatory housing practice for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction, or in the terms and conditions of such a transaction, because of race, color, religion, sex, sexual orientation, national origin, citizenship, disability, handicapping condition, genetic information, pregnancy, veteran status, or familial status. As used in this subsection, "residential real estate related transaction" means:
…
(c) It is an unlawful discriminatory housing practice for a person to induce or attempt to induce another to enter into a real estate transaction from which such person may profit:
(1) By representing that a change has occurred, or may or will occur in the composition of the residents of the block, neighborhood, or area in which the real property is located with respect to race, color, religion, sex, sexual orientation, national origin, citizenship, disability, handicapping condition, genetic information, pregnancy, veteran status, or familial status of the owners or occupants; or
…
(d) It is an unlawful discriminatory housing practice to deny any person who is otherwise qualified by State law access to or membership or participation in any real estate brokers' organization, multiple listing service, or other service, organization, or facility relating to the business of engaging in real estate transactions, or to discriminate in the terms or conditions of such access, membership, or participation because of race, color, religion, sex, sexual orientation, national origin, citizenship, disability, handicapping condition, genetic information, pregnancy, veteran status, or familial status.
…
(g) It is an unlawful discriminatory housing practice to discriminate in land‑use decisions or in the permitting of development based on race, color, religion, sex, sexual orientation, national origin, citizenship, disability, handicapping condition, genetic information, pregnancy, veteran status, familial status, or, except as otherwise provided by law, the fact that a development or proposed development contains affordable housing units for families or individuals with incomes below eighty percent (80%) of area median income. It is not a violation of this Chapter if land‑use decisions or permitting of development is based on considerations of limiting high concentrations of affordable housing.
(h) Notwithstanding any other provision of this section, if a person's bona fide religious beliefs are contrary to the requirements of this section, then the person is exempt from the requirements."
SECTION 4.2. Housing/Violations. – G.S. 41A‑5 reads as rewritten:
"§ 41A‑5. Proof of violation.
(a) It is a violation of this Chapter if:
(1) A person by his act or failure to act intends to discriminate against a person. A person intends to discriminate if, in committing an unlawful discriminatory housing practice described in G.S. 41A‑4 he was motivated in full, or in any part at all, by race, color, religion, sex, sexual orientation, national origin, citizenship, disability, handicapping condition, genetic information, pregnancy, veteran status, or familial status. An intent to discriminate may be established by direct or circumstantial evidence. However, if a person's bona fide religious beliefs are contrary to the requirements of this Chapter, then the person is exempt from the requirements.
(2) A person's act or failure
to act has the effect, regardless of intent, of discriminating, as set forth in
G.S. 41A‑4, against a person of a particular race, color, religion,
sex, sexual orientation, national origin, citizenship, disability, handicapping
condition, genetic information, pregnancy, veteran status, or familial
status. However, it is not a violation of this Chapter if a person whose action
or inaction has an unintended discriminatory effect, proves that his or her action
or inaction was motivated and justified by business necessity.business
necessity or a bona fide religious belief.
…."
SECTION 5. Effective Date. – This act is effective when it becomes law.
