The Governor vetoed the act on 09/03/21. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/53016/0/S636-BD-NBC-9162.
Bill Summaries: S 636 DONOR PRIVACY.
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Tracking:
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Bill S 636 (2021-2022)Summary date: Sep 3 2021 - View Summary
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Bill S 636 (2021-2022)Summary date: Aug 19 2021 - View Summary
House committee substitute to the 3rd edition makes the following changes.
Amends new GS 132-1.1(i), which deems confidential the identity of any person donating monies or other tangible goods to the nonprofit corporation, to except instances in which the person donating monies or other tangible goods specifically authorizes otherwise.
Revises new subsection (c) of GS 138A-34 to more specifically prohibit public servants from using or disclosing confidential information gained in the course of the public servant's official activities or by reason of their official position in violation of GS 132-1.1(i), as amended.
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Bill S 636 (2021-2022)Summary date: May 11 2021 - View Summary
Senate amendment to the 2nd edition makes the following changes. Amends GS 55A-16-05(b) to prohibit the identity of any person donating monies or other tangible goods to the nonprofit corporation from being disclosed by the nonprofit corporation if the person has notified the nonprofit corporation, in writing prior to or at the time of the donation, not to disclose the person's identity (previously prohibited releasing the information without the person's consent).
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Bill S 636 (2021-2022)Summary date: May 6 2021 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Revises proposed GS 55A-16-05(b) to prohibit the disclosure of the identity of any person donating (rather than giving) monies or other tangible goods to a nonprofit corporation by the nonprofit corporation without the consent of the person (previously did not make the prohibition specific disclosure by nonprofit corporations; required the consent of the nonprofit's board of directors; applied to gifts made for furthering a charitable purpose of the nonprofit corporation). Adds that the provision excludes disclosures required by State or federal law, criminal investigations, or court orders. Adds a new subsection (c) to permit a court to award reasonable attorneys' fees to a prevailing party in an action brought under new subsection (b).
Makes similar changes to proposed GS 132-1.1(i) to deem the identity of any person donating (rather than giving) monies or other tangible goods to a nonprofit corporation confidential (no longer applicable to gifts made to further a charitable purpose). Adds authority for a court to award reasonable attorneys' fees to a prevailing party in an action brought under new subsection (i).
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Bill S 636 (2021-2022)Summary date: Apr 7 2021 - View Summary
Amends GS 55A-16-05 to prohibit the disclosure of the identity of any person giving monies or other tangible goods to a nonprofit corporation for furthering a charitable purpose of the nonprofit without the consent of the nonprofit's board of directors. Makes technical and clarifying changes.
Adds to the public records laws of GS Chapter 132, enacting GS 132-1.1(i) to deem the identity of any person giving monies or other tangible goods to a nonprofit corporation for furthering a charitable purpose of the nonprofit confidential, except as specifically required by State or federal law. Amends GS 55A-16-24 to make new GS 132-1.1(i) applicable to any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations that identify donors. Amends GS 58-3-6 to make new GS 132-1.1(i) applicable to any any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations who issue charitable annuities that identify donors. Amends GS 131E-214.14 to make new GS 132-1.1(i) applicable to any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations regarding patient data that identify donors. Amends GS 131F-6 to make new GS 132-1.1(i) applicable to any attachments or other information submitted in association with specified required IRS forms of nonprofit corporations regarding licensure to solicit contributions that identify donors.
Amends GS 163-278.5 to make new GS 132-1.1(i) not applicable to required donor disclosures under Article 22A (Regulating Contributions and Expenditures in Political Campaigns) or Article 22M (Legal Expense Funds).
Amends GS 138A-34 to prohibit public servants from using or disclosing information gained in the course of their official duties or by reason of the public servant's official position in violation of new GS 132-1.1(i).
Amends GS 120-87 to prohibit legislators from using or disclosing confidential information gained in the course of their official activities or by reason of the legislator's official position in violation of new GS 132-1.1(i).
Amends GS 14-234.1, making it a Class 1 misdemeanor for officers or employees of the State or political subdivisions of the State to use or disclose confidential information gained in the course of their official capacity in violation of GS 132-1.1(i).
Effective October 1, 2021.