Bill Summary for H 304 (2021-2022)

Summary date: 

Mar 15 2021

Bill Information:

View NCGA Bill Details2021
House Bill 304 (Public) Filed Monday, March 15, 2021
AN ACT TO REQUIRE CITIES AND COUNTIES TO REMOVE PERSONAL INFORMATION FROM WEBSITES MAINTAINED BY COUNTIES AND CITIES WHEN REQUESTED BY CERTAIN LAW ENFORCEMENT PERSONNEL, PROSECUTORS, PUBLIC DEFENDERS, AND JUDICIAL OFFICERS AND TO CLARIFY CERTAIN PERSONNEL RECORDS OF LAW ENFORCEMENT OFFICERS.
Intro. by McNeill, Hardister, Faircloth, Miller.

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Bill summary

Enacts GS 153A-148.2 and GS 160A-208.2 to require counties and cities to develop and make available a process by which any named official can request that the county or city remove that individual's personal information from any website maintained by that county or city and available to the general public. Allows for the request to include removal of personal information of the individual's spouse. Limits the right to request removal of personal information to: (1) a federal, State, or local law enforcement officer; (2) a State judge, justice, or magistrate; (3) a district attorney or assistant district attorney; (4) a prosecutor employed by the NC Department of Justice; (5) a US Attorney or Assistant US Attorney; and (6) a federal judge. Details required content of written requests. Requires the county or city to remove the information if properly requested, and prohibits placing the information on the website again without written revocation from the individual. Deems the request or revocation not public record. Specifies that information removed from the website continues to be public record if it would otherwise be subject to disclosure under GS Chapter 132. Grants civil immunity to counties and cities and their officers, officials, employees and agents, past and present, acting within the course and scope of their duties and pursuant to the statute. 

Requires counties and cities to develop and implement the above described process by October 1, 2021.

Amends GS 153A-98 and GS 160A-168 to prohibit counties and cities from disclosing county or city law enforcement officer employee's information concerning the officer's residence (previously prohibited from disclosing information that might identify the residence; previously specified the disclosures were prohibited even if considered part of an employee's personnel file).

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