GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 941*
     

 
Short Title:	County Antidiscrimination Ordinances.	()	
Sponsors:	Representatives Insko and Hackney.	
Referred to:	Judiciary I.	
April 2, 2001

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE CITIES AND COUNTIES IN NORTH CAROLINA WITH POPULATIONS OF ONE HUNDRED THOUSAND TO ENACT ORDINANCES PROHIBITING DISCRIMINATION.

The General Assembly of North Carolina enacts:
SECTION 1.  Article 23 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-451.  Ordinances prohibiting discrimination.
(a)	A county may adopt an ordinance designed to prohibit discrimination in employment, housing, and public accommodations. The bases of discrimination which may be prohibited include, but are not limited to, race, color, religion, gender, national origin, age, disability, marital status, familial status, and veteran status.
(b)	Any county that has adopted an ordinance under this section may, in that ordinance, adopt procedures and delegate powers to a Human Relations Commission ('Commission') which are necessary and proper for carrying out and enforcing the ordinance. To assist in the enforcement of the ordinance, the Commission has, but is not limited to, the following powers:
(1)	Receiving and reviewing complaints that allege a violation of the ordinance has occurred, is occurring, or is about to occur.
(2)	Conducting investigations into the basis of complaints. In this regard, the Commission may issue subpoenas compelling the production of documents or compelling witnesses, or both, to appear before the Commission to give testimony and to take depositions and serve interrogatories in accordance with the North Carolina Rules of Civil Procedure. In the event any person refuses to comply with a subpoena or discovery request, the Commission may apply to the superior court for an order to compel compliance with the subpoena or discovery request. Information and records discovered by the Commission during an investigation or conciliation may be maintained in confidence by the Commission and are not subject to the provisions of G.S. 132-6 and G.S. 132-9 until and unless they are offered into evidence in a judicial proceeding authorized by this section and an ordinance.
(3)	Applying to the superior court for mandatory or prohibitory injunctive relief, or both, pursuant to Rule 65 of the North Carolina Rules of Civil Procedure if it determines, after a preliminary investigation, that prompt judicial action is necessary to carry out the purposes of the ordinance.
(4)	Making a determination of whether or not there is reasonable cause to believe that an unlawful discriminatory practice has occurred, is occurring, or is about to occur.
(5)	Dismissing complaints in such cases as the Commission determines that reasonable cause does not exist.
(6)	Issuing a right-to-sue letter to any complaining party where the Commission has failed to make a determination on the issue of reasonable cause in a timely manner; determines that reasonable cause does not exist; where conciliation efforts have failed; and where the Commission has made a determination that there is probable cause to believe that discrimination took place.
(7)	Attempting to conciliate a resolution of the complaint between the parties.
(8)	Entering into conciliation agreements in such instances where conciliation efforts have been successful.
(9)	Administrative cause determinations.
The county may, in enacting an ordinance, delegate the powers of the Commission under this section and the ordinance to an administrative department of the county.
(c)	The ordinance may provide that complainants who receive a right-to-sue letter from the Commission may bring a civil action in superior court against the respondent within one year of the issuance of the right-to-sue letter. The ordinance shall provide that in a civil action filed which seeks damages from the respondent, either the complainant or the respondent may request, and upon request, is entitled to a jury trial. The superior court judge or jury, as appropriate, shall be authorized to impose mandatory and prohibitory injunctive relief; compensatory damages; and, unless otherwise prohibited by law, punitive damages; and any other appropriate relief, provided that:
(1)	Punitive damages may be ordered only if the fact finder finds that the respondent engaged in a practice made unlawful under the ordinance with malice or with reckless indifference to the protected rights of the complainant; and
(2)	In cases involving unlawful employment practices, the fact finder may order reinstatement or hiring, with back pay.
In any action brought in the superior court pursuant to the ordinance, the court may allow the prevailing party reasonable costs and attorneys' fees from the other party or parties. Attorneys' fees, however, may not be awarded to the Commission, and a prevailing respondent may be awarded court costs and reasonable attorneys' fees only upon a showing that the case is frivolous, unreasonable, or without foundation.
(d)	The governing body of any city or county within the State that has adopted an ordinance may enter into work-sharing agreements with the State and the federal government.
(e)	If an ordinance is adopted by a county, the ordinance shall apply to any part of the county not within a municipally incorporated city, town, or village in the county. The governing board of a city, town, or village within the county adopting an ordinance may, by resolution, permit an ordinance adopted by the county to be applicable within its corporate boundaries. A city, town, or village may, by resolution, withdraw its permission. If it does so, it shall give written notice to the county of its withdrawal of permission. Thirty days after the date the county receives the permission withdrawal notice, the ordinance ceases to be applicable within the city, town, or village.
(f)	This section applies to cities and counties with a population of 100,000 or more, as determined by the most recent federal decennial census."
SECTION 2.  This act is effective when it becomes law.