North Carolina House Representatives Brody, Millis, Yarborough, Boswell, and Pittman today filed the Athletic Associations Accountability Act (HB 328) which paves the way for North Carolina to file an IRS complaint against the NCAA and ACC after the non-profit sports organizations pulled championships over the state’s privacy protection law, commonly known as HB2. The bill’s author, Representative Mark Brody, R-Union County, is calling on the IRS to review the nonprofit status of NCAA and the Atlantic Coast Conference, based out of Greensboro, for boycotting NC and lobbying against HB2. The bill also requires more transparency from NC Universities concerning verbal and cast votes by the nonprofits when issues are directly effecting citizens of the state after North Carolina Chancellors refused to publicly disclose how they voted on the relocation of championship events last fall.
Brody announced his intentions to file the bill via a Facebook message on Sunday evening. He posted, “I believe the NCAA and the ACC have stepped out of bounds and, to the best of my ability, will never allow the General Assembly to relinquish its legislative authority over the internal affairs of the State or succumb to economic extortion to and from either the NCAA or the ACC.”
In an interview with WSOC-TV, Rep Brody on Monday evening he stressed the legislation is just the first step in the review process. “If the IRS determines that the NCAA & ACC violated their non-profit status, I can’t say or confirm one way or another if North Carolina will file a lawsuit against them. We don’t know. We’ll have to wait to see what the IRS decision might be.”
The NCAA and ACC pulled several 2016 & 2017 championships in September over concerns that House Bill 2 is discriminatory after the Obama administration interpreted transgender bathrooms and locker room access was tied to Title IX. It is unclear how the organizations will react to President Trump’s reversal last month of the DOJ & DOE transgender school mandate. They refused comment on the bill today and have not backed down from their promise to pull additional championship events if HB2 is not repealed in this month.
HB2 requires transgender people to use restrooms in public buildings that correspond to the sex on their birth certificates and requires government facilities to offer reasonable accommodations to meet the needs of an individual seeking a restroom. The bill also blocks local municipalities from passing local non-discrimination and minimum wage ordinances.
Representative Brody said, “The NCAA and the ACC have allegedly engaged in excessive lobbying activities that exceeded their respective charters by using economic retaliation against NC for the purpose of forcing the General Assembly to adopt social legislation that is not connected to their core mission.” Tonight Dr. Michael Bitzer, a political expert with Catawba College told WSOC-TV that this bill could be seen as a warning shot directed at the sports organizations. Lawmakers can take retaliatory action if boycotts continue.”