Bill Summary for H 374 (2021-2022)

Summary date: 

Mar 23 2021

Bill Information:

View NCGA Bill Details2021
House Bill 374 (Public) Filed Tuesday, March 23, 2021
AN ACT TO MAKE LEGISLATORS' DOCUMENTS PUBLIC RECORDS.
Intro. by Everitt, Farkas.

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Bill summary

Makes clarifying changes to existing provisions of GS 120-130, specifically prohibiting a legislative employee from revealing the identity of a legislator who has made a drafting or information request, nor revealing the existence of the request, to any person who is not a legislative employee without the consent of the legislator. Eliminates the provisions that deemed drafting or information requests or supporting documents to not be public records under GS Chapter 132. Makes identical changes to existing provisions of GS 120-131 regarding the confidentiality of documents prepared by legislative employees at the request of a legislator. Similarly eliminates the provisions that deemed documents prepared by legislative employees at the request of a legislator which do not become available to the public not public records under GS Chapter 132.

Expands GS 120-132 to prohibit present and former legislative employees from disclosing documents, in addition to information, that the individual acquired while employed or retained by the State in the described contexts, unless disclosure reflects official public records or otherwise publicly disseminated information or documents. Authorizes a judge to compel disclosure of documents acquired by a legislative employee (currently limited to information) if necessary to the administration of justice, subject to legislative privilege and immunity laws. 

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