Bill Summary for S 364 (2023-2024)

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Summary date: 

Mar 23 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 364 (Public) Filed Thursday, March 23, 2023
AN ACT TO AMEND THE STATE HUMAN RESOURCES ACT TO PROHIBIT COMPELLED SPEECH WHEN AN INDIVIDUAL SEEKS STATE GOVERNMENT OR COMMUNITY COLLEGE EMPLOYMENT, TO DEMONSTRATE THE GENERAL ASSEMBLY'S INTENT THAT STATE AND COMMUNITY COLLEGE EMPLOYEES RECOGNIZE THE EQUALITY AND RIGHTS OF ALL PERSONS, AND TO PROHIBIT STATE GOVERNMENT AND COMMUNITY COLLEGE WORKPLACES FROM PROMOTING CERTAIN CONCEPTS THAT ARE CONTRARY TO THAT INTENT.
Intro. by Daniel, Johnson, Overcash.

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Bill summary

Enacts new GS 126-14.5 requiring State agencies, departments, and institutions to refrain from soliciting or requiring an applicant for employment: (1) to endorse or opine about beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action as a condition of employment and (2) to describe the applicant's actions in support of, or in opposition to, the beliefs, affiliations, ideals, or principles identified above. Specifies that this does not infringe on an applicant's ability to voluntarily opine or speak on any matter. Prohibits applications for employment from inquiring into matters prohibited as compelled speech. Specifies that this does not: (1) prohibit discussion with or questions to an applicant about the applicant's resume, (2) affect the ability of the prospective employing agency from complying with applicable federal or State law, or (3) apply to speech protected by the First Amendment.

Amends GS 126-5 to make new GS 126-14.5 applicable to all exempt and nonexempt State employees in the executive, legislative, and judicial branches.