GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 685

Short Title:  Human Relations Council Change.	(Public)
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Sponsors: Representatives Stamey; and H. Hunter.
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Referred to:  Commerce.
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March 20, 1989

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE NAME OF THE NORTH CAROLINA HUMAN RELATIONS COUNCIL TO THE NORTH CAROLINA HUMAN RELATIONS COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  Part 9 of Article 9 of Chapter 143B of the General Statutes reads as rewritten:
          "Part 9. North Carolina Human Relations Commission. 
"§ 143B-391. North Carolina Human Relations Commission
– creation; powers and duties.
There is hereby created the North Carolina Human Relations  Commission of the Department of Administration. The North Carolina Human Relations Commission shall have the following functions and duties:
(1)	To study problems concerning human relations;
(2)	To promote equality of opportunity for all citizens;
(3)	To promote understanding, respect, and goodwill among all citizens;
(4)	To provide channels of communication among the races;
(5)	To encourage the employment of qualified people without regard to race;
(6)	To encourage youths to become better trained and qualified for employment;
(7)	To receive on behalf of the Department of Administration and  to recommend expenditure of gifts and grants from public and private donors;
(8)	To enlist the cooperation and assistance of all State and local government officials in the attainment of the objectives of the commission;
(9)	To assist local good neighborhood councils and biracial human relations committees in promoting activities related to the functions of the commission enumerated above;
(10)	To advise the Secretary of Administration upon any matter the Secretary may refer to it; and
(11)	To administer the provisions of the State Fair Housing Act as outlined in Chapter 41A of the General Statutes.
"§ 143B-392.  North Carolina Human Relations Commission – members; selection; quorum; compensation.
(a)	The Human Relations Commission of the Department of Administration shall consist of 20 members. The Governor shall appoint one member from each of the 11 congressional districts, plus five members at large, including the chairperson. The Speaker of the North  Carolina House of Representatives shall appoint two members to the commission. The Lieutenant Governor shall appoint two members to the commission. The terms of four of the members appointed by the Governor shall expire June 30, 1988. The terms of four of the members appointed by the Governor shall expire June 30, 1987. The terms of four of the members appointed by the Governor shall expire June 30, 1986. The terms of four of the members appointed by the Governor shall expire June 30, 1985. The terms of the members appointed by the Speaker of the North Carolina House of Representatives shall expire June 30, 1986. The terms of the members appointed by the Lieutenant Governor shall expire June 30, 1986. At the end of the respective terms of office of the initial members of the commission, the appointment of their successors shall be for terms of four years. No member of the commission shall serve more than two consecutive terms. A member having served two consecutive terms shall be eligible for reappointment one year after the expiration of his second term. Any appointment to fill a vacancy on the commission created by the resignation, dismissal, death, or disability of a member shall be filled in the manner of the original appointment for the unexpired term.
(b)	Members of the commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(c)	A majority of the commission shall constitute a quorum for the transaction of business.
(d)	All clerical and support services required by the commission shall be supplied by the Secretary of the Department of Administration."
Sec. 2.  G.S 41A-3 reads as rewritten:
"§ 41A-3. Definitions.
For the purposes of this Chapter, the following definitions apply:
(1)	The ‘Commission ' means the North Carolina Human Relations Commission;
(2)	‘Family' includes a single individual;
(3)	‘Financial institution' means any banking corporation or trust company, savings and loan association, credit union, insurance company, or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds;
(4)	‘Housing accommodation' means any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals;
(5)	‘Person' means any individual, association, corporation, political subdivision, partnership, labor union, legal representative, mutual company, joint stock company, trust, trustee in bankruptcy, unincorporated organization, or other legal or commercial entity, the State, or governmental entity or agency;
(6)	‘Real estate broker or salesman' means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who holds himself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these persons;
(7)	‘Real estate transaction' means the sale, exchange, rental, or lease of real property;
(8)	‘Real property' means a building, structure, real estate, land, tenement, leasehold, interest in real estate cooperatives, condominium, and hereditament, corporeal and incorporeal, or any interest therein."
Sec. 3.  G.S. 41A-7 reads as rewritten:
"§ 41A-7.  Enforcement.
(a)	Any person who claims to have been injured by an unlawful discriminatory housing practice or who reasonably believes that he will be irrevocably injured by an unlawful discriminatory housing practice may file a complaint with the North Carolina Human Relations Commission. Complaints shall be in writing, shall state the facts upon which the allegation of an unlawful discriminatory housing practice is based, and shall contain such other information and be in such form as the commission requires. commission employees shall assist complainants in reducing complaints to writing and shall assist in setting forth the information in the complaint as may be required by the commission. Within 10 days after receipt of the complaint, the Director of the commission shall furnish a copy of the complaint to the person who allegedly committed or is about to commit the unlawful discriminatory housing practice.
(b)	A complaint under subsection (a) shall be filed within 180 days after the alleged unlawful discriminatory housing practice occurred. A respondent may file an answer to the complaint against him within 10 days after receiving a copy of the complaint. With the leave of the commission, which shall be granted whenever it would be reasonable and fair to do so, the complaint and the answer may be amended at any time. Complaints and answers shall be verified.
(c)	Whenever another agency of the State or any other unit of government of the State has jurisdiction over the subject matter of any complaint filed under this section, and such agency or unit of government has legal authority equivalent to or greater than the authority under this Chapter to investigate or act upon the complaint, the commission shall be divested of jurisdiction over such complaint. The commission shall, within 30 days, notify the agency or unit of government of the apparent unlawful discriminatory housing practice, and request that the complaint be investigated in accordance with such authority.
(d)	Complaints may be resolved at any time by informal conference,  conciliation, or persuasion. Nothing said or done in the course of such informal procedure may be made public by the commission or used as evidence in a subsequent proceeding under this Chapter without the written consent of the person concerned.
(e)	Upon receipt of a complaint, the commission shall investigate the  complaint to ascertain the facts relating to the alleged unlawful discriminatory housing practice. If the complaint is not resolved before the investigation is complete, upon completion of the investigation, the commission shall determine whether or not there are reasonable grounds to believe that an unlawful discriminatory housing practice has occurred. The commission shall make a determination within 90 days after receiving the complaint, unless the commission determines that good cause exists for further delay.
(f)	If the commission finds no reasonable ground to believe that an unlawful discriminatory housing practice has occurred or is about to occur it shall dismiss the complaint and issue to the complainant a right-to-sue letter which will enable him to bring a civil action in superior court.
(g)	If the commission finds reasonable grounds to believe that an unlawful discriminatory housing practice has occurred or is about to occur it shall proceed to try to eliminate or correct the discriminatory housing practice by informal conference, conciliation, or persuasion.
(h)	If the commission is unable to resolve the alleged unlawful discriminatory housing practice it may declare that conciliation efforts have failed. Upon making such a declaration, the commission may:
(1)	Dismiss the complaint and issue to the complainant a right-to- sue letter which will enable him to bring a civil action in superior court; or
(2)	Commence a civil action in superior court, in its own name, or in its own name on behalf of the complainant.  In such an action, the commission shall be represented by an attorney employed by the commission, and G.S. 114-2 shall not apply.
(i)	If after 130 days after a complaint has been filed the commission has failed to resolve the complaint or issue a right-to-sue letter, the commission shall, upon written request of the complainant, issue a right-to-sue letter to the complainant. Issuance of a letter under this subsection shall not prevent the commission from commencing a civil action under subsection (h)(2) of this section which action shall be consolidated with any action filed by the complainant.
(j)	The court may grant relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff, actual and punitive damages, and may award court costs, and reasonable attorney's fees to the prevailing party, other than a State agency or commission; Provided, however, that a prevailing respondent may be awarded court costs and reasonable attorney's fees only upon a showing that the case is frivolous, unreasonable, or without foundation.
If the action is brought by the commission on behalf of a complainant, the court may award actual and punitive damages to the complainant.  The court may award punitive damages to a prevailing plaintiff or complainant only if it is shown that the defendant committed a violation of this Chapter with intent to discriminate.
(k)	Parties to a civil action brought pursuant to this Chapter shall have the right to a jury trial as provided for by the North Carolina Rules of Civil Procedure."
Sec. 4.  G.S. 41A-8 reads as rewritten:
"§ 41A-8.  Investigation; subpoenas.
(a)	In conducting an investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation: Provided, however, that the  commission first complies with the provisions of the Fourth Amendment to  the United States Constitution relating to unreasonable searches and seizures.
(b)	The commission may issue subpoenas to compel access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the  general court of justice.
(c)	Upon written application to the commission, a respondent shall be  entitled to the issuance of a reasonable number of subpoenas subject to the same limitations as subpoenas issued by the commission. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request.
(d)	In case of contumacy or refusal to obey a subpoena, the commission or the respondent may petition for its enforcement in the superior court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business."
Sec. 5.  G.S. 41A-9 reads as rewritten:
"§ 41A-9.  Statute of limitation.
A civil action brought pursuant to this Chapter shall be commenced within 180 days after the filing of a complaint with the commission."
Sec. 6.  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."
Sec. 7.   This act shall become effective October 1, 1989.