Okay, that's a lot of legal speak isn't it. This summed up says that statewide rules regarding business provide a more consistent economy and that they are prohibiting the General Assembly from enacting local acts regarding business in Section 24 of Article II of the North Carolina Constitution. So, what is Section 24 of Article II of the North Carolina Constitution?GENERAL ASSEMBLY OF NORTH CAROLINA SECOND EXTRA SESSION 2016SESSION LAW 2016-3HOUSE BILL 2AN 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.Whereas, the North Carolina Constitution directs the General Assembly to provide forthe organization and government of all cities and counties and to give cities and counties such powers and duties as the General Assembly deems advisable in Section 1 of Article VII of the North Carolina Constitution; andWhereas, the North Carolina Constitution reflects the importance of statewide lawsrelated to commerce by prohibiting the General Assembly from enacting local acts regulating labor, trade, mining, or manufacturing in Section 24 of Article II of the North Carolina Constitution; andWhereas, the General Assembly finds that laws and obligations consistent statewide forall businesses, organizations, and employers doing business in the State will improve intrastate commerce; andWhereas, the General Assembly finds that laws and obligations consistent statewide forall businesses, organizations, and employers doing business in the State benefit the businesses, organizations, and employers seeking to do business in the State and attracts new businesses, organizations, and employers to the State; Now, therefore,The General Assembly of North Carolina enacts:
So, Section 24 of Article II in the North Carolina Constitution says in part 1 that "The General Assembly shall not enact any local, private, or special act or resolution:" "(j) Regulating labor, trade, minding, or manufacturing;". So, again, what does this mean? It means that according to the NC's State Constitution the General Assembly can only create statewide laws for businesses and not laws for just one area of the state.Sec. 24. Limitations on local, private, and special legislation.(1) Prohibited subjects. The General Assembly shall not enact any local, private, or special act or resolution:(a) Relating to health, sanitation, and the abatement of nuisances;(b) Changing the names of cities, towns, and townships;(c) Authorizing the laying out, opening, altering, maintaining, or discontinuing of highways, streets, or alleys;(d) Relating to ferries or bridges;(e) Relating to non-navigable streams;(f) Relating to cemeteries;(g) Relating to the pay of jurors;(h) Erecting new townships, or changing township lines, or establishing or changing the lines of school districts;(i) Remitting fines, penalties, and forfeitures, or refunding moneys legally paid into the public treasury;(j) Regulating labor, trade, mining, or manufacturing;(k) Extending the time for the levy or collection of taxes or otherwise relieving any collector of taxes from the due performance of his official duties or his sureties from liability;(l) Giving effect to informal wills and deeds;(m) Granting a divorce or securing alimony in any individual case;(n) Altering the name of any person, or legitimating any person not born in lawful wedlock, or restoring to the rights of citizenship any person convicted of a felony.(2) Repeals. Nor shall the General Assembly enact any such local, private, or special act by the partial repeal of a general law; but the General Assembly may at any time repeal local, private, or special laws enacted by it.(3) Prohibited acts void. Any local, private, or special act or resolution enacted in violation of the provisions of this Section shall be void.(4) General laws. The General Assembly may enact general laws regulating the matters set out in this Section.
This part establishes a new section in the general statues, names it, and locates it so that it can be found.PART I. SINGLE-SEX MULTIPLE OCCUPANCY BATHROOM AND CHANGING FACILITIESSECTION 1.1. G.S. 115C-47 is amended by adding a new subdivision to read:"(63) To Establish Single-Sex Multiple Occupancy Bathroom and Changing Facilities. – Local boards of education shall establish single-sex multiple occupancy bathroom and changing facilities as provided in G.S. 115C-521.2."
Adds the following to the end of Article 37 of Chapter 115C of the General Statutes: (a) gives you the definitions that are used for this section: biological sex, multiple occupancy bathroom or changing facility, and single occupancy bathroom or changing facility. (b) states that local boards of education (public schools) shall require every multiple occupancy bathroom or changing facility (where a student would be surrounded by other students and possibly be in various states of undress) that is designated for student use to be designated for and used only bu students based on their biological sex. This means that the occupants of the Women's Restroom must all have been born as women and occupants of the Men's Restroom must have all been born as men. (c) This allows single occupancy bathroom or changing facilities to be used by anyone or for faculty facilities to be used in special circumstances. (d) Exceptions such as providing medical assistance, teacher access when necessary, cleaning, and temporary designation (such as when sports teems play and the opposing gender's locker room is provided for the away team to change).SECTION 1.2. Article 37 of Chapter 115C of the General Statutes is amended byadding a new section to read:"§ 115C-521.2. Single-sex multiple occupancy bathroom and changing facilities.(a) Definitions. – The following definitions apply in this section:(1) Biological sex. – The physical condition of being male or female, which is stated on a person's birth certificate.(2) Multiple occupancy bathroom or changing facility. – A facility designed or designated to be used by more than one person at a time where students may be in various states of undress in the presence of other persons. A multiple occupancy bathroom or changing facility may include, but is not limited to, a school restroom, locker room, changing room, or shower room.(3) Single occupancy bathroom or changing facility. – A facility designed or designated to be used by only one person at a time where students may be in various states of undress. A single occupancy bathroom or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex.(b) Single-Sex Multiple Occupancy Bathroom and Changing Facilities. – Local boards of education shall 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.*H2-v-4*(c) Accommodations Permitted. – Nothing in this section shall prohibit local boards of education from providing accommodations such as single occupancy bathroom or changing facilities or controlled use of faculty facilities upon a request due to special circumstances, but in no event shall that accommodation result in the local boards of education allowing a student to use a multiple occupancy bathroom or changing facility designated under subsection (b) of this section for a sex other than the student's biological sex.(d) Exceptions. – This section does not apply to persons entering a multiple occupancy bathroom or changing facility designated for use by the opposite sex:(1) For custodial purposes.(2) For maintenance or inspection purposes.(3) To render medical assistance.(4) To accompany a student needing assistance when the assisting individual is an employee or authorized volunteer of the local board of education or the student's parent or authorized caregiver.(5) To receive assistance in using the facility.(6) To accompany a person other than a student needing assistance.(7) That has been temporarily designated for use by that person's biological sex."
SECTION 1.3. Chapter 143 of the General Statutes is amended by adding a new Article to read:"Article 81."Single-Sex Multiple Occupancy Bathroom and Changing Facilities."§ 143-760. Single-sex multiple occupancy bathroom and changing facilities.(a) Definitions. – The following definitions apply in this section:(1) Biological sex. – The physical condition of being male or female, which is stated on a person's birth certificate.(2) Executive branch agency. – Agencies, boards, offices, departments, and institutions of the executive branch, including The University of North Carolina and the North Carolina Community College System.(3) Multiple occupancy bathroom or changing facility. – A facility designed or designated to be used by more than one person at a time where persons may be in various states of undress in the presence of other persons. A multiple occupancy bathroom or changing facility may include, but is not limited to, a restroom, locker room, changing room, or shower room.(4) Public agency. – Includes any of the following:a. Executive branch agencies.b. All agencies, boards, offices, and departments under the direction and control of a member of the Council of State.c. "Unit" as defined in G.S. 159-7(b)(15).d. "Public authority" as defined in G.S. 159-7(b)(10).e. A local board of education.f. The judicial branch.g. The legislative branch.h. Any other political subdivision of the State.(5) Single occupancy bathroom or changing facility. – A facility designed or designated to be used by only one person at a time where persons may be in various states of undress. A single occupancy bathroom or changing facility may include, but is not limited to, a single stall restroom designated as unisex or for use based on biological sex.(b) Single-Sex Multiple Occupancy Bathroom and Changing Facilities. – Public agencies shall require every multiple occupancy bathroom or changing facility to be designated for and only used by persons based on their biological sex.(c) Accommodations Permitted. – Nothing in this section shall prohibit public agencies from providing accommodations such as single occupancy bathroom or changing facilities upon a person's request due to special circumstances, but in no event shall that accommodation result in the public agency allowing a person to use a multiple occupancy bathroom or changing facility designated under subsection (b) of this section for a sex other than the person's biological sex.(d) Exceptions. – This section does not apply to persons entering a multiple occupancy bathroom or changing facility designated for use by the opposite sex:(1) For custodial purposes.Page 2 Session Law 2016-3 House Bill 2(2) For maintenance or inspection purposes.(3) To render medical assistance.(4) To accompany a person needing assistance.(4a) For a minor under the age of seven who accompanies a person caring for that minor.That has been temporarily designated for use by that person's biological sex."
Adds Article 81 to Chapter 143 of the General Statues which states the following: (a) definitions. (b) Public agencies (defined in a) are to require every multiple occupancy bathroom or changing facility to be used only by those of the corresponding biological sex. (c) single occupancy bathrooms or changing facilities can be provided or special accommodations can be made as long as they don't go against b. (d) exceptions such a maintenance, rendering assistance, or children under the age of seven accompanying their caregiver.
This limits local governments (counties, cities, etc.) from interfering with the contractor's employment practices (such as minimum wage, mandatory leave, etc.) under contract unless it is otherwise allowed by State law.PART II. STATEWIDE CONSISTENCY IN LAWS RELATED TO EMPLOYMENT AND CONTRACTINGSECTION 2.1. G.S. 95-25.1 reads as rewritten:"§ 95-25.1. Short title and legislativepurpose.purpose; local governments preempted.(a) This Article shall be known and may be cited as the "Wage and Hour Act."(b) The public policy of this State is declared as follows: The wage levels of employees, hours of labor, payment of earned wages, and the well-being of minors are subjects of concern requiring legislation to promote the general welfare of the people of the State without jeopardizing the competitive position of North Carolina business and industry. The General Assembly declares that the general welfare of the State requires the enactment of this law under the police power of the State.(c) The provisions of this Article supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to compensation of employees, such as the wage levels of employees, hours of labor, payment of earned wages, benefits, leave, or well-being of minors in the workforce. This subsection shall not apply to any of the following:(1) A local government regulating, compensating, or controlling its own employees.(2) Economic development incentives awarded under Chapter 143B of the General Statutes.(3) Economic development incentives awarded under Article 1 of Chapter 158 of the General Statutes.(4) A requirement of federal community development block grants. (5) Programs established under G.S. 153A-376 or G.S. 160A-456." SECTION 2.2. G.S. 153A-449(a) reads as rewritten:"(a) Authority. – A county may contract with and appropriate money to any person, association, or corporation, in order to carry out any public purpose that the county is authorized by law to engage in. A county may not require a private contractor under this section to abide byany restriction that the county could not impose on all employers in the county, such as payingminimum wage or providing paid sick leave to its employees,regulations or controls on the contractor's employment practices or mandate or prohibit the provision of goods, services, or accommodations to any member of the public as a condition of bidding on acontract.contract or a qualification-based selection, except as otherwise required or allowed by State law." SECTION 2.3. G.S. 160A-20.1(a) reads as rewritten:"(a) Authority. – A city may contract with and appropriate money to any person, association, or corporation, in order to carry out any public purpose that the city is authorized by law to engage in. A city may not require a private contractor under this section to abide byanyrestriction that the city could not impose on all employers in the city, such as paying minimumwage or providing paid sick leave to its employees,regulations or controls on the contractor's employment practices or mandate or prohibit the provision of goods, services, or accommodations to any member of the public as a condition of bidding on acontract.contract or aqualification-based selection, except as otherwise required or allowed by State law."
This updates the current section (Equal Employment Practices) to include "biological sex" instead of "sex" and adds section (c) which states that this article and any other articles of the General Statues override any local law about discriminatory rights for employment and public accommodations.PART III. PROTECTION OF RIGHTS IN EMPLOYMENT AND PUBLIC ACCOMMODATIONSSECTION 3.1. G.S. 143-422.2 reads as rewritten:"§ 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, biological sex or handicap by employers which regularly employ 15 or more employees.House Bill 2 Session Law 2016-3 Page 3(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) The General Assembly declares that the regulation of discriminatory practices in employment is properly an issue of general, statewide concern, such that this Article and other applicable provisions of the General Statutes supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement upon an employer pertaining to the regulation of discriminatory practices in employment, except such regulations applicable topersonnel employed by that body that are not otherwise in conflict with State law."
Adds the last sentence above stops people for being able to sue a government location or public business for following the public policy stated in this article.SECTION 3.2. G.S. 143-422.3 reads as rewritten:"§ 143-422.3. Investigations; conciliations.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. This Article does not create, and shall not be construed to create or support, a statutory or common law private right of action, and no person may bring any civil action based upon the public policy expressed herein."
Allows public accommodations for businesses to allow their public bathrooms or changing facilities to be limited based on biological sex without being seen as discrimination and stops individuals from being able to sue public businesses for designating their bathrooms or changing facilities based on biological sex.SECTION 3.3. Chapter 143 of the General Statutes is amended by adding a new Article to read:"Article 49B."Equal Access to Public Accommodations."§ 143-422.10. Short title.This Article shall be known and may be cited as the Equal Access to Public Accommodations Act."§ 143-422.11. Legislative declaration.(a) 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 accommodation free of discrimination because of race, religion, color, national origin, or biological sex, provided that designating multiple or single occupancy bathrooms or changing facilities according to biological sex, as defined in G.S. 143-760(a)(1), (3), and (5), shall not be deemed to constitute discrimination.(b) The General Assembly declares that the regulation of discriminatory practices in places of public accommodation is properly an issue of general, statewide concern, such that this Article and other applicable provisions of the General Statutes supersede and preempt any ordinance, regulation, resolution, or policy adopted or imposed by a unit of local government or other political subdivision of the State that regulates or imposes any requirement pertaining to the regulation of discriminatory practices in places of public accommodation."§ 143-422.12. Places of public accommodation – defined.For purposes of this Article, places of public accommodation 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."§ 143-422.13. Investigations; conciliations.The Human Relations Commission in the Department of Administration shall have the authority to receive, investigate, and conciliate complaints of discrimination in public accommodations. Throughout this process, the Human Relations Commission shall use its good offices to effect an amicable resolution of the complaints of discrimination. This Article does not create, and shall not be construed to create or support, a statutory or common law private right of action, and no person may bring any civil action based upon the public policy expressed herein."
Does not keep all the changes that this bill enacts as one entity. Allows the individual sections that are changed by this bill to be changed separately at a later date.PART IV. SEVERABILITYSECTION 4. If any provision of this act or its application is held invalid, theinvalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable. If any provision of this act is temporarily or permanently restrained or enjoined by judicial order, this act shall be enforced as though such restrained or enjoined provisions had notPage 4 Session Law 2016-3 House Bill 2
been adopted, provided that whenever such temporary or permanent restraining order or injunction is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.
States that this act is effective when passed and states that it was passed and approved at 9:57 pm on March 23, 2016.PART V. EFFECTIVE DATESECTION 5. This act is effective when it becomes law and applies to any actiontaken on or after that date, to any ordinance, resolution, regulation, or policy adopted or amended 8 on or after that date, and to any contract entered into on or after that date. The provisions ofSections 2.1, 2.2, 2.3, 3.1, 3.2, and 3.3 of this act supersede and preempt any ordinance, resolution, regulation, or policy adopted prior to the effective date of this act that purports to regulate a subject matter preempted by this act or that violates or is not consistent with this act, and such ordinances, resolutions, regulations, or policies shall be null and void as of the effective date of this act.In the General Assembly read three times and ratified this the 23rd day of March, 2016.s/ Daniel J. ForestPresident of the Senates/ Tim MooreSpeaker of the House of Representativess/ Pat McCroryGovernorApproved 9:57 p.m. this 23rd day of March, 2016
In summary this house bill states that government controlled facilities in North Carolina (public schools, courthouses, etc.) are required to limit multiple occupancy facilities where people may be undressed to biological sex and doesn't allow lawsuits to be brought on local facilities for following these guidelines. It also allows individual businesses who offer public access to such facilities to do the same without risk of lawsuit from the general public. There is also a limitation put on local governments that doesn't allow them to change the discrimination policy laid out by the state and stops them from forcing contractors to follow any local requirements (such as minimum wage, mandatory leave, etc.) that are different from the state requirements. This does not limit their ability to create a local minimum wage or require local businesses to provide mandatory benefits.
Now the question is why would I support this? Well, first off it allows businesses to decide how they wish their public multi-occupant facilities to be used (bathrooms, changing rooms, etc.). Secondly, it requires that public multi-occupant facilities are to be limited based on biological sex. While some see this as discrimination it is not. We were all born with a biological sexual orientation, therefore we are all covered in this equally. This does not limit single occupant facilities such as individual bathrooms, changing rooms, etc. This means that transgenders can be accommodated, but just cannot use a multi-occupant facility in a government facility that is not for their biological gender. Thirdly, this prohibits lawsuits being filed against the individual facilities that are following this law and sends any such complaints to a state human resources review instead. This doesn't mean that no action can be taken, just that you cannot sue based on this complaint in the North Carolina state court system.
Quite honestly, businesses and government agencies are not going to require a strip search to prove your gender when you enter a restroom. As long as transgenders (who typically try to blend in) do not try to make an issue of it they can use the restroom at the courthouse without incident. However, if someone who is obviously not of that gender enters a restroom they can be removed. At schools this may be a touchier issue, but as stated accommodations can be made. This bill is not intended to discriminate against transgenders but to protect against predators. As stated in a previous blog posting sexual predators outnumber transgenders and are a much bigger threat in this area. I don't mind a transgender woman trying to use the restroom and minding their own business, but I do mind a sexual predator hanging out in the ladies room and not being able to remove them. This should be common sense!
One person's rights end where another's begin. This is what I was taught and what I believe. I have the right to live and that right cannot be changed by someone wanting to kill me. My children have a right to privacy and safety and that cannot be changed by someone wanting to identify as another gender. Others have a right to privacy and safety as well, but not at the expense of another person's right to privacy and safety.
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