INCREASED SECURITY/PRIVACY FOR NC LEGISLATORS.

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View NCGA Bill Details2023-2024 Session
House Bill 358 (Public) Filed Monday, March 13, 2023
AN ACT TO INCREASE THE SECURITY AND PRIVACY SURROUNDING NORTH CAROLINA LEGISLATORS AND TO APPROPRIATE FUNDS.
Intro. by Alexander.

Status: Ref to the Com on Appropriations, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 14 2023)
H 358

Bill Summaries:

  • Summary date: Mar 13 2023 - View Summary

    Effective December 1, 2023, enacts Article 17A to GS Chapter 120 (pertaining to the General Assembly). Names the article the North Carolina Legislative Privacy Act (Act). States the Act’s purpose as improving the security and privacy of NCGA legislators.  Clarifies that the Act is not intended to restrain a legislator from publicizing their own public information and that no government agency, business or other person has any obligation to protect the privacy of a legislator until receiving a request in writing from that legislator.  Directs that the Act should not be construed to impair free access to legislative voting records or bills and other legislative instruments filed by legislators in the course of carrying out each legislator’s legislative function. Specifies that the Act and any rules adopted pursuant to the Act should be construed broadly to favor the protection of the personal information of legislators and members of their immediate family.

    Defines personal information as a home address, home telephone number, mobile telephone number, pager number, personal email address, Social Security number, federal tax identification number, checking and savings account numbers, credit card numbers, and identity of children under the age of 18. Defines publicly post or publicly display as to publicly communicate to another or otherwise make available to the general public. Defines written request as written notice signed by a legislator or a representative of the legislator requesting a government agency, person, business, or association to refrain from posting or displaying publicly available content that includes the legislator's personal information.

    Also defines government agency, home address, immediate family, legislator, and publicly available content.

    Bars government agencies from publicly posting or displaying publicly available content that includes a legislator's personal information, provided that the government agency has received a written request from the legislator that it refrain from disclosing the legislator's personal information. After the written request is made, directs the removal of any personal information from publicly available content within five business days. Specifies that such information is also exempt from disclosure under State public records law unless it receives permission from the legislator to disclose the information. Permits a legislator to bring a lawsuit seeking injunctive or declaratory relief if a government agency fails to comply with the legislator’s request.  Creates a good faith exception for government agency employees who, in good faith, publish personal information prohibited from being published in the ordinary course of carrying out their public functions, if the agency has otherwise complied with the Act. 

    Bars any person, business, or association from publicly posting or displaying on the internet publicly available content that includes a legislator's personal information so long as the legislator has made a written request to the person, business, or association that it refrain from disclosing the personal information. Also bars any person, business, or association from soliciting, selling, or trading on the Internet a legislator's personal information with the intent to pose an imminent and serious threat to the health and safety of the legislator or the legislator's immediate family. Clarifies that the bar on public disclosure by these private parties includes, but is not limited to, Internet phone directories, Internet search engines, Internet data aggregators, and Internet service providers. After the written request is made, directs the private parties to remove any personal information from the Internet within 72 hours and to refrain from publicly sharing or transferring any personal information. Authorizes a legislator to bring a lawsuit seeking declaratory or injunctive relief against the private party and to obtain costs and attorneys’ fees if the court grants the relief sought.  

    Sets forth specifications for submission of the written request, including the requirement that the legislator specify exactly what personal information they would like kept private.  Specifies that the written request is valid until the legislator revokes the request or passes away. 

    Makes it a Class C felony for any person to knowingly and publicly post on the internet the personal information of a legislator or member of the legislator's immediate family if (1) the person knows  or reasonably should know that publicly posting the personal information poses an imminent and  serious threat to the health and safety of the legislator or member of the legislator's immediate family and (2) the violation of the Act is a proximate cause of bodily injury or death of the legislator or a member of the legislator's immediate family.

    Contains a severance clause.

    The above applies to public information that is made public or continues to remain public on or after December 1, 2023. 

    Amends GS 143B-911 (pertaining to the State Capitol Police) to enact new subsection authorizing the General Assembly Special Police to conduct a security assessment of an NCGA member’s primary residence, district office, or both, upon the request of an NCGA member. Specifies that the jurisdiction of the General Assembly Special Police related to the power of arrest is not affected by the new subsection.

    Effective July 1, 2023, appropriates $3.3 million dollars in nonrecurring funds for the 2023-24 fiscal year from the General Fund to the NCGA to be allocated to the General Assembly Special Police to be used at the request of a member of the NCGA to make security improvements to the member’s primary residence, district office, or both, in an amount not to exceed $15,000 per NCGA member.