* This summary has been updated to include Part VII, Education.

Part I. HB2 Repeal

Repeals SL 2016-3 (Public Facilities Privacy & Security Act, commonly known as House Bill 2) and SL 2016-99 (Restore State Claim for Wrongful Discharge, which amended House Bill 2).

Part II. Housing

Amends GS 41A-4, which delineates unlawful discriminatory housing practices, to refer to the protected status of another person as the basis for unlawful discrimination instead of listing specific protected classes (currently, race, color, religion, sex, national origin, handicapping condition, or familial status). Adds protected status to the defined terms in GS 41A-3 and defines the term to mean a person's race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Makes conforming changes to use a person's protected status language to replace specific classes of persons throughout GS 41A-4 and GS 41A-5 (concerning proof of a violation of GS 41A-4).

Amends GS 41A-6, which exempts from GS 41A-4 (except for subdivision (a)(6)) religious institutions and organizations operated by religions institutions or organizations that give preference to members of the same religion in a real estate transaction, so long as membership in that religion is not restricted by a protected status, other than religion (previously, specified race, color, sex, national origin, handicapping condition or familial status).

Part III. Employment

Amends GS 143-422.2 to establish that it is the public policy of the State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgment on account of race, religion, color, national origin, age, sex, sexual orientation, gender identity, disability, marital status, familial status, military or veteran status, or genetic information (previously, only protected race, religion, color, national origin, age, sex or handicap) by employers which regularly employ one or more employees (was, 15 or more employees).

Makes conforming changes to expand employment protections to those same classes added to GS 143-422.2 by this act, to GS 126.16 (Equal opportunity for employment and compensation by State departments and agencies and local political subdivisions) and GS 126-34.02(b) (concerning the appeal process for agency employment discrimination, harassment, and retaliation issues to be heard as contested cases).

Part IV. Public Accommodations

Enacts Article 49B to GS Chapter 143, Access to Public Accommodations, to be known as the Equal Access to Public Accommodations Act. Provides a legislative declaration that it is the public policy of the 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 accommodation free of discrimination because of race, religion, color, national origin, sex, sexual orientation, gender identity, disability, marital status, familial status, military or veteran status, or genetic information.

Establishes that it is not discrimination on the basis of sexual orientation or gender identity for a public accommodation to provide separate bathrooms or changing facilities based on gender. Mandates places of accommodation to provide access to facilities based on a person's gender identity. Defines places of public accommodation to have the same meaning as defined in GS 168A-3(8), but excludes any private club or other establishment that is not in fact open to the public.

Authorizes the Human Relations Commission (Commission) in the Department of Administration to receive, investigate, and conciliate complaints of discrimination in public accommodations, and directs the Commission to effect an amicable resolution. Provides that in the event the Commission cannot effect an amicable resolution of the charges of discrimination, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7 (State Fair Housing Act enforcement provisions).

V. Credit

Enacts GS 75-43 to prohibit discrimination by any person engaged in any form of lending money in this State, or to residents of this State, in the extension of credit on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows complainants concerning violations of this statute to file a grievance with the Human Relations Commission. Directs the Commission to effect an amicable resolution, and in the event the Commission cannot effect an amicable resolution, the complainant and the Commission can proceed with an enforcement action in accordance with GS 41A-7, as similarly provided in GS 143-422.13 enacted by this act. Makes a violation of this statute an unfair trade practice in violation of GS 75-1.1.

Part VI. Insurance

Amends GS 58-3-25 to prohibit discriminatory practices by insurers because of an individual's race, color, national or ethnic origin, religion, sex, marital status, familial status, sexual orientation, gender identity, disability, military or veteran status, or genetic information (previously, only protected race, color, national or ethnic origin).

Part VII. Education

Amends GS 115C-47 to require each local board of education to adopt a policy to establish that the local board of education and school personnel employed by the local board must not discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.

Amends GS 115C-218.45 to expand the basis on which a charter school must not limit admission to also include color, age, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information; removes creed and ancestry. Allows a charter school that serves only certain grade levels to limit admission based on age. 

Amends GS 115C-218.55 to prohibit a charter school from discriminating on the basis of national origin, race, color, religion, age, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, genetic information, or disability (was, only ethnicity, national origin, gender, or disability). Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.

Repeals GS 115C-521.2 which required local boards of education to require every multiple occupancy bathroom or changing facility that is designated for student use to be designated for and used only by students based on their biological sex.

Amends GS 115C-562.5 to prohibit a nonpublic school from discriminating on the basis of on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Allows any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice to file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.

Amends GS 115D-77 to expand upon the State Board of Community Colleges and local board of trustees nondiscrimination policy to also prohibit discrimination on the basis of color, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, and genetic information. Adds that the State Board and each board of trustees must give equal opportunity for employment and compensation of personnel at community colleges without regard to marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information, in addition to the already listed categories. 

Amends GS 116-11 to require the UNC Board of Governors to adopt a policy to provide that UNC and its affiliates and personnel employed by UNC and its affiliates must not discriminate on the basis of race, color, national origin, religion, age, disability, sex, marital status, familial status, sexual orientation, gender identity, military or veteran status, or genetic information. Requires that the policy include that any person who claims to have been injured by an unlawful discriminatory practice or who reasonably believes that he or she will be irrevocably injured by an unlawful discriminatory practice may file a complaint with the North Carolina Human Relations Commission. Requires the Commission to then work with the relevant parties to develop an amicable resolution to the charge of discrimination, and allows the complainant and the Commission to proceed with an enforcement action if the Commission is unable to effect an amicable resolution of the charges.

Part VIII. Human Relations Commission

Amends GS 143B-391 by expanding the North Carolina Human Relations Commission’s duties to also include administering the provisions of  the new Equal Access to Public Accommodations Act; GS 143-422.3 (concerning investigating charges of discrimination received from the Equal Employment Opportunity Commission); GS 143-422.13 (concerning investigating complaints of discrimination in public accommodations); GS 75-43 (concerning investigating discrimination by lenders); GS 115C-47(64) (concerning investigating discrimination by a local board of education or school personnel); GS 115C-218.55 (concerning investigating discrimination by a charter school); GS 115C-562.5 (concerning investigating discrimination by a nonpublic school); GS 115D-77 (concerning investigating discrimination by a community college); and GS 116-11 (concerning investigating discrimination by  the UNC system).

Part IX. Appropriation

Appropriates $788,076 in recurring funds from the General Fund to the Department of Administration, Human Relations Commission for 2017‑18. Requires that $545,407 from those funds be used for operating expenses, and $242,669 be used to fund four specified new positions. Effective July 1, 2017.

Part X. Increase Punishment for Certain Crimes that Involve Sexual Assaults

Enacts new GS 15A-1340.16E, which increases the punishment for specified crimes if the crime is committed in a changing facility that is designated for the opposite sex. A changing facility is defined as a facility designed or designated to be used by a person in various states of undress and that is open to the public or located in a place of public accommodation as defined in GS 168A-3(8); the term includes a restroom, locker room, changing room, or shower room. The minimum term of imprisonment is increased by 84 months, and the maximum term of imprisonment is the maximum term that corresponds to the minimum term after it is increased by 84 months when the felony is a violation of GS 14-27.21 (first degree forcible rape) or a violation of GS 14-27.26 (first degree forcible sexual offense). The minimum term of imprisonment is increased by 60 months and the maximum term of imprisonment is the maximum term that corresponds to the minimum term after it is increased by 60 months if the felony is a violation of GS 14-27.22 (second degree forcible rape) or a violation of GS 14-27.27 (second degree forcible sexual offense). The minimum term of imprisonment is increased by 36 months and the maximum term of imprisonment is the maximum term that corresponds to the minimum term after it is increased by 36 months if the felony is a violation of GS 14-202.1 (taking indecent liberties with children) or GS 14-202.4 (taking indecent liberties with a student). Sets out information that must be included in the indictment. Requires the State to prove the issue beyond a reasonable doubt during the same trial in which the defendant is tried for the felony. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issue above then a jury must be impaneled to determine that issue.

Amends GS 14-27.33 by making it a Class I felony to commit sexual battery while in a changing facility that is designated for the opposite sex. Makes conforming changes.

Part X is effective December 1, 2017. 

Under current law, GS 136-189.11(d)(2)a requires 30% of the specified funds subject to the Transportation Investment Strategy to be used for Regional Impact Projects, and sets out criteria that must be used for selection of those Regional Impact Projects. This act changes the prioritization criteria used in selecting the Regional Impact Projects to require 10% to be based on the rankings identified by the Division Engineers, and 20% to be based on the rankings identified by the Metropolitan Planning Organizations and the Rural Transportation Organizations (previously, 30% was based on local input; the remaining 70% based on quantitative criteria is not changed). 

Similarly, current law, GS 136-89.11(d)(3)a, requires 30% of the specified funds subject to the Transportation Investment Strategy to be allocated in equal share to each of the Department of Transportation's divisions to be used for Division Need Projects. This act changes the criteria used for prioritizing the selection of Division Need Projects to require 15% to be based on the rankings identified by the Department's Division Engineers, 35% to be based on the rankings identified by the Metropolitan Planning Organizations and the Rural Transportation Planning Organizations (previously, 50% based on local input; the remaining 50% based on quantitative criteria is not changed). 

Makes technical changes to GS 136-189.11(d)(2)a, (3)a, and (4)b to refer to the Department's Division Engineers instead of the Department's Transportation Division Engineers.

Enacts GS 143C-5-6 to Article 5 of GS Chapter 143C (Enactment of the State Budget) to mandate that every special provision contained in the Current Operations Appropriations Act indicate the name of the member(s) who requested that provision.

Appropriates $2.4 million for each of the 2017-18 and 2018-19 fiscal years from the General Fund to the Department of Public Instruction for the purpose of providing a grant of $300,000 per year to each of the eight regional educational training centers. Directs the centers to provide quality professional development training for educators in the public schools. Names the eight centers as: Northeast Regional Educational Service Alliance, the Southeast Regional Educational Service Alliance, the Western Regional Educational Service Alliance, the Northwest Regional Educational Service Alliance, the Piedmont Triad Education Consortium, the Central Carolina Regional Educational Service Alliance, the Southwest Regional Educational Service Alliance, and the Sandhills Regional Educational Service Alliance. Effective July 1, 2018.