North Carolina 2023-2024 Session Status: Enacted Bipartisan · 38 R · 1 D cosponsors

HB 574 — Fairness in Women's Sports Act.

Last action — Veto Overridden

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 05, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 50 sponsors

    3 primary, 47 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (38 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

73 added · 164 removed

Plain-language change summary

The updated version of House Bill 574 has added more sponsors, which now includes Representatives Gillespie, Paré, and K. Baker alongside the original sponsor, Representative Balkcom. Additionally, it reflects a change in the referral path for the bill. These modifications are important because they show increased support for the bill from a broader range of lawmakers, which can help with its chances of passing.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 2 HOUSE BILL 574 Committee Substitute Favorable 4/19/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 574 Short Title:
Representatives Balkcom, Gillespie, Paré, and K.
Baker (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 6, 2023 A BILL TO BE ENTITLED AN ACT TO PROTECT OPPORTUNITIES FOR WOMEN AND GIRLS IN ATHLETICS.
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House April 6, 2023 A BILL TO BE ENTITLED AN ACT TO PROTECT OPPORTUNITIES FOR WOMEN AND GIRLS IN ATHLETICS.
5 PART I.
SECTION 1.
ATHLETIC ELIGIBILITY IN MIDDLE AND HIGH SCHOOL SECTION 1.(a) G.S.
G.S.
Athletic teams designated for females, women, or girls shall not be open to students of the male sex.
Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.
Athletic teams designated for males, men, or boys shall not be open to students of the female sex unless both of the following apply:
Athletic teams or sports designated for males, men, or boys shall not be open to students of the female sex unless there is no comparable female team for a particular sport and the sport is not a contact sport as defined by 34 C.F.R.
I.
§ 106.41(b).
There is no comparable female team for a particular sport.
II.
The sport is not wrestling.
A student who is subjected to retaliation or other adverse action by a public school unit, administering organization as defined in G.S.
A student who is subjected to retaliation or other adverse action by a publicschool unit,athleticassociation,orotherorganizationas aresult of reporting a violation of sub-subdivision e.
115C-407.50, or other organization as a result of reporting a violation of sub-subdivision e.
of this subdivision to an employee or representative of the public school unit, athletic association, or to any local, State, or federal agency with oversight of the public school unit shall have a cause of action for remedies provided for in sub-subdivision i.
of this subdivision to an employee or representative of the public school unit, administering organization, or to any local, State, or federal agency with oversight of the public *H574-v-2* General Assembly Of North Carolina Session 2023 school unit shall have a cause of action for remedies provided for in sub-subdivision i.
of this subdivision shall have a cause of action for remedies provided for in sub-subdivision i.
of *H574-v-1* General Assembly Of North Carolina Session 2023 this subdivision shall have a cause of action for remedies provided for in sub-subdivision i.
Any person who brings a cause of action pursuant to sub-subdivisions f.
Any person who brings a cause of action pursuant to sub-subdivisions e.
If the Board finds a school in violation, it shall report the identity of the school to the Joint Legislative Education Oversight Committee." SECTION 1.(b) G.S.
If the Board finds a school in violation, it shall report the identity of the school to the Joint Legislative Education Oversight Committee." SECTION 2.
G.S.
115C-12(23)." SECTION 1.(c) G.S.
115C-12(23)." SECTION 3.
G.S.
115C-12(23)." SECTION 1.(d) G.S.
115C-12(23)." SECTION 4.
G.S.
115C-12(23)." SECTION 1.(e) Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read:
115C-12(23)." SECTION 5.
"§ 115C-548.1.
Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-567.
(a) Any private church school or school of religious charter that is a member of an organization that administers interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with G.S.
(a) Any nonpublic school that is a member of an organization that administers interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with G.S.
(b) Any athletic team organized by a private church school or school of religious charter at themiddleorhigh school level that is not coveredbysubsection (a)ofthis section shall comply with G.S.
(b) Athletic teams organized by nonpublic schools at the middle or high school level that are not covered by subsection (a) of this section shall comply with G.S.
115C-12(23)." SECTION 1.(f) Article 39 of Chapter 115C of the General Statutes is amended by adding a new section to read:
115C-12(23)." SECTION 6.
"§ 115C-556.1.
This act is effective when it becomes law and applies beginning with the 2023-2024 school year.
Athletic teams.
Page 2 House Bill 574-First Edition
(a) Any qualified nonpublic school that is a member of an organization that administers interscholastic athletic activities pursuant to Article 29E of this Chapter shall comply with G.S.
115C-12(23).
(b) Any athletic team organized by a qualified nonpublic school at the middle or high school level that is not covered by subsection (a) of this section shall comply with G.S.
115C-12(23) if the team is playing a team from any school required to follow G.S.
115C-12(23)." Page 2 House Bill 574-Second Edition General Assembly Of North Carolina Session 2023 PART II.
ATHLETIC ELIGIBILITY IN HIGHER EDUCATION SECTION 2.(a) G.S.
115D-5 is amended by adding a new subsection to read:
"(z) The State Board of Community Colleges shall monitor community colleges for compliance with Article 38 of Chapter 116 of the General Statutes.
Show all 86 changed rows (46 more)
Previous
Latest
If the State Board determines that acommunitycollege is in violationofArticle 38,it shall reporttheidentityof the community college to the Joint Legislative Education Oversight Committee." SECTION 2.(b) Chapter 116 of the General Statutes is amended by adding a new Article to read:
"Article 38.
"Biological Sex-Specific Athletic Teams.
"§ 116-400.
Definitions.
The following definitions apply in this Article:
(1) Institution of higher education.
– A constituent institution of The University of North Carolina, a community college under the jurisdiction of the State Board of Community Colleges, or a private college or university located in North Carolina.
(2) Intercollegiate athletic program.
– A sport program played at the collegiate level for which eligibility requirements for participation by a student are established by a national association for the promotion or regulation of intercollegiate athletics, including the National Collegiate Athletic Association (NCAA), the National Association of Intercollegiate Athletics (NAIA), and the National Junior College Athletic Association (NJCAA).
(3) Intramural athletics.
– Recreational sports organized by a constituent institution of The University of North Carolina or a community college under the jurisdiction of the State Board of Community Colleges.
"§ 116-401.
Designation of athletic teams.
(a) All intramural athletic teams and teams that are part of an intercollegiate athletic program of an institution of higher education shall comply with the following:
(1) Each team shall be expressly designated by the biological sex of the team participants as one of the following:
a.
Males, men, or boys.
b.
Females, women, or girls.
c.
Coed or mixed.
(2) Athletic teams designated for females, women, or girls shall not be open to students of the male sex.
(3) Athleticteamsdesignatedformales,men,orboysshallnotbeopentostudents of the female sex unless both of the following apply:
a.
There is no comparable female team for a particular sport.
b.
The sport is not boxing or wrestling.
(b) For the purposes of this section, sex shall be recognized based solely on a person's reproductive biology and genetics at birth.
"§ 116-402.
Cause of action;
remedies.
(a) A student who is deprived of an athletic opportunity or suffers or is likely to suffer from any direct or indirect harm as a result of a violation of this Article may assert that violation as a cause of action for remedies provided for in subsection (d) of this section.
(b) A student who is subjected to retaliation or other adverse action by an institution of higher education, athletic association, or other organization as a result of reporting a violation of this Article to an employee or representative of the institution of higher education, athletic association, or to any local, State, or federal agency with oversight of the institution shall have a cause of action for remedies provided for in subsection (d) of this section.
House Bill 574-Second Edition Page 3 General Assembly Of North Carolina Session 2023 (c) Anyinstitution of higher education or its representatives or employees who suffer any direct or indirect harm for complying with the requirements of this Article shall have a cause of action for remedies provided for in subsection (d) of this section.
(d) Any person who brings a cause of action pursuant to this Article may obtain appropriate relief, including the following:
(1) Injunctive relief, protective order, writ of mandamus or prohibition, or declaratory relief to prevent any violation of this Article.
(2) Actual damages, including for psychological, emotional, or physical harm, reasonable attorney fees, and costs.
(e) All civil actions under this Article must be initiated within two years from the date that the harm occurred.
"§ 116-403.
Monitoring compliance with this Article.
The Board of Governors shall monitor constituent institutions for compliance with this Article.
If the Board of Governors determines that a constituent institution is in violation of this Article, it shall report the identity of the constituent institution to the Joint Legislative Education Oversight Committee." PART III.
SEVERABILITY CLAUSE AND EFFECTIVE DATE SECTION 3.(a) If any provision of this act or its application is held invalid, the invalidity 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.
SECTION 3.(b) This act is effective when it becomes law and applies beginning with the 2023-2024 school year.
Page 4 House Bill 574-Second Edition
⬇ Download PDF
View plain text versions (6)

Action History

  1. Veto Overridden

  2. Placed on Today's Calendar

  3. Veto Overridden

  4. Ch. SL 2023-109

  5. Withdrawn From Cal

  6. Placed On Cal For 08/16/2023

  7. Withdrawn From Cal

  8. Placed On Cal For 08/15/2023

  9. Withdrawn From Cal

  10. Placed On Cal For 08/07/2023

  11. Withdrawn From Cal

  12. Placed On Cal For 07/20/2023

  13. Withdrawn From Cal

  14. Placed On Cal For 07/19/2023

  15. Placed On Cal For 07/12/2023

  16. Vetoed 07/05/2023

  17. Received from the Governor

  18. Pres. To Gov. 6/27/2023

  19. Ratified

  20. Cal Pursuant 36(b)

  21. Added to Calendar

  22. Concurred In S Com Sub

  23. Ordered Enrolled

  24. Regular Message Sent To House

  25. Regular Message Received For Concurrence in S Com Sub

  26. Passed 2nd Reading

  27. Passed 3rd Reading

  28. Reptd Fav

  29. Reptd Fav Com Substitute

  30. Com Substitute Adopted

  31. Re-ref Com On Rules and Operations of the Senate

  32. Withdrawn From Com

  33. Re-ref to Education/Higher Education. If fav, re-ref to Rules and Operations of the Senate

  34. Regular Message Sent To Senate

  35. Regular Message Received From House

  36. Passed 1st Reading

  37. Ref To Com On Rules and Operations of the Senate

  38. Reptd Fav Com Substitute

  39. Re-ref Com On Rules, Calendar, and Operations of the House

  40. Reptd Fav

  41. Cal Pursuant Rule 36(b)

  42. Added to Calendar

  43. Passed 2nd Reading

  44. Passed 3rd Reading

  45. Passed 1st Reading

  46. Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  47. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 47 co-sponsors · 129 not signed on · 12 voted No

Sponsors (3)

Co-sponsors (47)

Not signed on (129)

129 members have not signed on to this bill.

Show all 129 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur

Passed 92 Yea · 23 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 5700
Unaffiliated 631505
Republican 22100
U 1000
Total 912305
% of votes cast 76%19%0%4%
How each member voted (119)
Member Party Vote
Avila — Yea
Bishop — Yea
Bradford — Yea
Dobson — Yea
Farmer-Butterfield — Nay
Fisher — Nay
Floyd — Yea
Fraley — Yea
Gill — Nay
L.Bell — Yea
C.Graham — Yea
G.Graham — Yea
R.Johnson — Yea
R.Moore — Yea
Queen — Yea
B.Richardson — Yea
J.Bell — Yea
Brawley — Yea
B.Brown — Yea
Baskerville — Yea
Boles — Yea
Bumgardner — Yea
Burr — Yea
Cleveland — Yea
Conrad — Yea
Daughtry — Yea
Dollar — Yea
Earle — Yea
Elmore — Yea
Goodman — Yea
Hamilton — Yea
Hanes — Yea
Hunter — Yea
Salmon — Yea
Terry — Yea
Wray — Yea
L.Johnson — Yea
Jones — Yea
Malone — Yea
S.Martin — Yea
T.Moore(Speaker) — Yea
R.Turner — Yea
D.Hall — Nay
L.Hall — Nay
Jackson — Nay
G.Martin — Nay
B.Turner — Nay
R.Brown — Nay
Bryan — Not Voting
Catlin — Not Voting
Collins — Not Voting
Faircloth — Yea
Glazier — Nay
Hager — Yea
Hardister — Yea
Holley — Nay
Holloway — Yea
Horn — Yea
Hurley — Yea
Insko — Nay
Jeter — Yea
Jordan — Yea
Langdon — Yea
Lewis — Yea
McElraft — Yea
McNeill — Yea
Pendleton — Nay
Presnell — Yea
Saine — Yea
Speciale — Yea
Szoka — Yea
West — Yea
Yarborough — Yea
Lucas — Yea
Luebke — Nay
McGrady — Yea
Michaux — Not Voting
Millis — Yea
Schaffer — Nay
Stam — Yea
Steinburg — Yea
Whitmire — Yea
Zachary — Not Voting
Becky Carney Democratic Yea
Cecil Brockman Democratic Nay
Dante Pittman Democratic Yea
Eric Ager Democratic Nay
Gale Adcock Democratic Nay
Garland E. Pierce Democratic Nay
Gladys A. Robinson Democratic Yea
Graig Meyer Democratic Nay
Joyce Waddell Democratic Yea
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Nay
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
Tricia Ann Cotham Republican Nay
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Second Reading

Passed 38 Yea · 9 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 28502
Democratic 4200
Republican 6201
Total 38903
% of votes cast 76%18%0%6%
How each member voted (50)
Member Party Vote
Apodaca — Yea
Barringer — Not Voting
Bingham — Yea
Curtis — Yea
Harrington — Not Voting
Hartsell — Yea
D.Davis — Yea
Smith-Ingram — Yea
VanDuyn — Yea
Brown — Yea
J.Davis — Yea
B.Jackson — Yea
Barefoot — Yea
Brock — Yea
Gunn — Yea
Krawiec — Yea
McKissick — Yea
Woodard — Yea
Newton — Yea
Tucker — Yea
J.Jackson — Nay
Smith — Nay
Bryant — Nay
Foushee — Nay
Meredith — Yea
Pate — Yea
Rabin — Yea
Rucho — Yea
Tarte — Yea
Tillman — Yea
Wade — Nay
Wells — Yea
Randleman — Yea
Soucek — Yea
Stein — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Nay
Gladys A. Robinson Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Nay
Bill Rabon Republican Not Voting
Carl Ford Republican Nay
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Nay
Warren Daniel Republican Yea

Official roll call →

Subjects

civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 574?
HB 574 is sponsored by Carson Smith (Republican), Amber M. Baker (Democratic), Jennifer Balkcom (Republican), Karl E. Gillespie (Republican), Erin Paré (Republican), Jay Adams (Republican), Dean Arp (Republican), Brian Biggs (Republican), Hugh Blackwell (Republican), Bradford, Mark Brody (Republican), Celeste C. Cairns (Republican), Allen Chesser (Republican), Cleveland, Crutchfield, Ted Davis, Jr. (Republican), Jimmy Dixon (Republican), Fontenot, Hardister, Kelly E. Hastings (Republican), Julia C. Howard (Republican), Chris Humphrey (Republican), Frank Iler (Republican), Neal Jackson (Republican), Keith Kidwell (Republican), Donnie Loftis (Republican), Lowery, Jeffrey C. McNeely (Republican), Charles W. Miller (Republican), Mills, Ben T. Moss, Jr. (Republican), Ray Pickett (Republican), Joseph Pike (Republican), Mark Pless (Republican), Larry W. Potts (Republican), A. Reece Pyrtle, Jr. (Republican), Reeder, Dennis Riddell (Republican), Saine, Sasser, Mitchell S. Setzer (Republican), Phil Shepard (Republican), Sossamon, Larry C. Strickland (Republican), Bill Ward (Republican), Donna McDowell White (Republican), David Willis (Republican), Matthew Winslow (Republican), Jeff Zenger (Republican), and Jake Johnson (Republican).
What is the current status of HB 574?
This bill has been enacted into law. Introduced April 05, 2023. Enacted.
Where can I track HB 574?
Track HB 574 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 574

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 574

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →