PUBLIC FACILITIES PRIVACY & SECURITY ACT.

View NCGA Bill Details2016 Extra Session 2
House Bill 2 (Public) Filed Wednesday, March 23, 2016
AN ACT TO PROVIDE FOR SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING FACILITIES IN SCHOOLS AND PUBLIC AGENCIES AND TO CREATE STATEWIDE CONSISTENCY IN REGULATION OF EMPLOYMENT AND PUBLIC ACCOMMODATIONS.
Intro. by Bishop, Stam, Howard, Steinburg.

Status:

Bill History:

H 2/S.L. 2016-3

Bill Summaries:

  • Summary date: Mar 24 2016 - More information

    AN ACT TO PROVIDE FOR SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING FACILITIES IN SCHOOLS AND PUBLIC AGENCIES AND TO CREATE STATEWIDE CONSISTENCY IN REGULATION OF EMPLOYMENT AND PUBLIC ACCOMMODATIONS. Enacted March 23, 2016. Effective March 23, 2016.


  • Summary date: Mar 23 2016 - More information

    House amendment #3 expands exceptions to new GS 143-760,  allowing access to multiple-occupancy bathroom or changing facilities by members of the opposite sex when that person is a child under the age of seven and is accompanied by a caretaker.

    House amendment #4 expands exceptions to new GS 95-25.1(c)(2) to include all economic development incentives awarded under GS 143B (exception was limited to incentives awarded under Part 2H of Article 10 of GS 143B, the One North Carolina fund). Also clarifies that prohibition against city and county regulations on contractors' employment and accommodations practices as a condition of bidding does not apply when otherwise required or allowed by state law (was, only when required by state law).


  • Summary date: Mar 23 2016 - More information

    Includes “whereas” clauses citing various sections of the North Carolina Constitution directing the General Assembly to give cities and counties powers and duties deemed advisable by the General Assembly and prohibiting local acts regulating labor, trade, mining, or manufacturing.

    Section 1.1 of the bill amends GS 115C-47 to add a new subdivision (63) requiring local boards of education to establish single-sex multiple occupancy bathroom and changing facilities for students under the requirements of a new GS 115C-521.2

    Section 1.2 of the bill amends GS Chapter 115C by adding a new section 115C-521.2 requiring local school boards establish in all public schools single-sex multiple occupancy bathroom and changing facilities for students based on their biological sex.  Subsection (a) defines three terms:  (1) biological sex is defined as being male or female as stated on a person’s birth certificate; (2) multiple occupancy bathroom or changing facility is defined as a facility used by more than one person where students may be in various states of undress, such as restrooms, locker rooms, or showers; and (3) single-occupancy bathroom or changing facility is a bathroom or changing facility used only by one person at a time.  Subsection (b) mandates all local boards of education to require all multiple occupancy bathroom or changing facilities used by students be designated for and used by students based on their biological sex.  Subsection (c) authorizes local boards of education to provide accommodations such as single occupancy bathrooms due to special circumstances, but prohibits an accommodation that would allow a student to use a multiple-occupancy bathroom or changing facility for the opposite sex.  Subsection (d) sets out seven exceptions to the statute which would allow access to multiple-occupancy bathroom or changing facilities by members of the opposite sex for the following purposes: (1) custodial; (2) maintenance or inspection; (3) medical assistance; (4) employees, authorized volunteers, or the student's parent or caregiver accompanying a student needing assistance; (5) other assistance in using the facility; (6) accompanying a person other than a student needing assistance; and (7) whenthe bathroom or changing facility has been temporarily designated for use by that person’s biological sex.

    Section 1.3 of the bill amends GS 143 by adding a new Article 81 requiring public agencies to establish single-sex multiple occupancy bathroom and changing facilities for use by persons based on their biological sex.  The new GS 143-760 defines five terms in subsection (a): (1) biological sex is defined as being male or female as stated on a person’s birth certificate; (2) executive branch agency is defined as all agencies, boards, offices, departments and institutions of the executive branch, including the University and Community College system; (3) multiple occupancy bathroom or changing facility is defined as a facility used by more than one person where persons may be in various states of undress, such as restrooms, locker rooms, or showers; (4) public agency is defined as executive branch agencies, Council of State agencies, units of local government and public authorities as defined in the local government budget and fiscal control act (GS 159-7(b)(15), (10)), local boards of education, the judicial and legislative branches, and any other political subdivisions of the state; and (5) single occupancy bathroom or changing facility is defined as a facility defined or designated to be used by only one person at a time.  Subsection (b) directs all public agencies to require all multiple occupancy bathroom or changing facilities be designated for and used by persons based on their biological sex.  Subsection (c) authorizes public agencies to provide accommodations such as single-occupancy bathrooms due to special circumstances, but prohibits an accommodation that would allow a person to use a multiple-occupancy bathroom or changing facility for the opposite sex.  Subsection (d) sets out five exceptions to the statute which would allow access to multiple-occupancy bathroom or changing facilities by members of the opposite sex for the following purposes: (1) custodial, (2) maintenance or inspection, (3) medical assistance, (4) accompanying a person needing assistance, and (5) when a facility has been temporarily designated for use by that person’s biological sex.

    Section 2.1 of the bill amends GS 95-25.1 by adding a new subsection (c), which provides that the North Carolina Wage and Hour Act preempts and supersedes any ordinance, regulation, resolution, or policy adopted by a unit of local government or political subdivision of the state that regulates or imposes requirements on employers relating to employee compensation.  Examples of such local measures include those pertaining to wage levels and payments, hours of labor, benefits, leave, or minors in the work place.  Exempts the following from the above legislation: (1) local government regulation, compensation, or control of its own employees; (2) economic development incentives awarded under the One North Carolina Fund (Part 2H of Article 1 of Chapter 134B) and the Local Development Act of 1925 (Article 1 of Chapter 158); (3) requirements of federal community development block grants; and (4) city and county community development programs under GS 160A-456 and GS 153A-376.  

    Section 2.2 of the bill amends GS 153A-449(a) to prohibit a county from requiring a private contractor to abide by any regulations or controls on the contractor’s employment practices or mandating or prohibiting the contractor's provision of goods, services, or accommodations to any member of the public as a condition of bidding on a contract or submitting a proposal under a qualifications based selection solicitation unless otherwise required by state law. Deletes language that previously provided that a county could not require a private contractor to comply with any restriction that it could also not impose on all employees in the county. 

    Section 2.3 of the bill amends GS 160A-20.1(a) to prohibit a city from requiring a private contractor to abide by any regulations or controls on the contractor’s employment practices or mandating or prohibiting the contractor's provision of goods, services, or accommodations to any member of the public as a condition of bidding on a contract or submitting a proposal under a qualifications based selection solicitation unless otherwise required by state law. Deletes language that previously provided that a city could not require a private contractor to comply with any restriction that it could also not impose on all employees in the city.

    Section 3.1 of the bill amends GS 143-422.2 by adding a new subsection (c) under which the Equal Employment Practices Act (Article 49A of Chapter 143) preempts and supersedes any ordinance, regulation, resolution, or policy adopted by a unit of local government or political subdivision of the state that regulate or impose requirements on employers relating to regulating discriminatory practices in employment except when those regulations apply to personnel employed by the local government or political subdivision’s not otherwise in conflict with state law. Makes conforming and organizational changes. Section 3.2 of the bill amends GS 143-422.3 adding language that provides that the Equal Employment Practices Act (Article 49A of Chapter 143) and the above new subsection (c) does not create a statutory or common law private right of action.

    Section 3.3 of the bill amends GS 143 by creating a new Article 49B, the Equal Access to Public Accommodations Act (Act).  The Act declares that the public policy of the state is to protect the rights of all individuals to enjoy public accommodations without being discriminated against on the basis of race, religion, color, national origin, or biological sex, and provides that complying with the requirements to establish multiple- or single-occupancy bathrooms or changing facilities according to biological sex does not constitute discrimination. Adds further language that provides that this Act and other General Statutes preempt and supersede any ordinance, regulation, resolution, or policy adopted by a unit of local government or political subdivision of the state that regulates or imposes requirements relating to discriminatory practices in places of public accommodation.  The new GS 143-422.12 specified that the definition of public accommodation under GS 168A-3(8) applies to the article; under GS 168A-3(8), places of public accommodation include any place, facility, store, other establishment, hotel, or motel which supplies goods or services on the premises to the public or which solicits or accepts the patronage or trade of any person.  The definition of places of public accommodation does not include private clubs or other establishments not actually open to the public.  The new GS 143-13 authorizes the Human Relations Commission in the Department of Administration to receive, investigate, and conciliate complaints of discrimination in public accommodations, and provides that no statutory or common law private right of action is created by the Article.

    Section 4 of the bill includes a severability clause.

    Section 5 of the bill makes the bill effective when it becomes law and applies to all ordinances, resolutions, regulations, or policies adopted or amended on or after that date, and to any contract entered into on or after that date.  Sections 2.1, 2.2, 2.3, 3.1, 3.2, and 3.3 preempt and supersede all ordinances, resolutions, regulations, or policies adopted prior to the act’s effective date, making all such ordinances, resolutions, regulations, or policies null and void as of the effective date of the act.


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