Senate amendment to the 2nd edition makes technical changes to the act's effective date provisions. Makes further technical changes.
GOVERNMENT TRANSPARENCY ACT OF 2021. (NEW)
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View NCGA Bill Details | 2021 |
AN ACT TO STRENGTHEN CONFIDENCE IN GOVERNMENT BY INCREASING ACCESSIBILITY TO CERTAIN PUBLIC PERSONNEL PERFORMANCE AND DISMISSAL RECORDS.Intro. by Sauls, Strickland.
Bill History:
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Tue, 9 Feb 2021 House: Filed
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Tue, 9 Feb 2021 House: Filed
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Wed, 10 Feb 2021 House: Passed 1st Reading
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Wed, 10 Feb 2021 House: Passed 1st Reading
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Tue, 16 Feb 2021 House: Reptd Fav
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Tue, 16 Feb 2021 House: Re-ref Com On State Government
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Tue, 16 Feb 2021 House: Reptd Fav
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Tue, 16 Feb 2021 House: Re-ref Com On State Government
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Wed, 10 Mar 2021 House: Reptd Fav
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Wed, 10 Mar 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 10 Mar 2021 House: Reptd Fav
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Wed, 10 Mar 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 14 Apr 2021 House: Reptd Fav
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Wed, 14 Apr 2021 House: Cal Pursuant Rule 36(b)
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Wed, 14 Apr 2021 House: Added to Calendar
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Wed, 14 Apr 2021 House: Passed 2nd Reading
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Wed, 14 Apr 2021 House: Passed 3rd Reading
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Wed, 14 Apr 2021 House: Reptd Fav
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Wed, 14 Apr 2021 House: Cal Pursuant Rule 36(b)
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Wed, 14 Apr 2021 House: Added to Calendar
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Wed, 14 Apr 2021 House: Passed 2nd Reading
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Wed, 14 Apr 2021 House: Passed 3rd Reading
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Thu, 15 Apr 2021 House: Regular Message Sent To Senate
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Thu, 15 Apr 2021 Senate: Regular Message Received From House
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Thu, 15 Apr 2021 Senate: Passed 1st Reading
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Thu, 15 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 15 Apr 2021 House: Regular Message Sent To Senate
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Thu, 15 Apr 2021 Senate: Regular Message Received From House
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Thu, 15 Apr 2021 Senate: Passed 1st Reading
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Thu, 15 Apr 2021 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 3 Jun 2021 Senate: Withdrawn From Com
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Thu, 3 Jun 2021 Senate: Withdrawn From Com
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Wed, 9 Jun 2021 Senate: Reptd Fav Com Substitute
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Wed, 9 Jun 2021 Senate: Com Substitute Adopted
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Wed, 9 Jun 2021 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 10 Jun 2021 Senate: Reptd Fav
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Mon, 14 Jun 2021 Senate: Amend Adopted A1
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Mon, 14 Jun 2021 Senate: Passed 2nd Reading
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Mon, 14 Jun 2021 Senate: Passed 3rd Reading
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Mon, 14 Jun 2021 Senate: Engrossed
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Tue, 15 Jun 2021 Senate: Regular Message Sent To House
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Tue, 15 Jun 2021 House: Regular Message Received For Concurrence in S Com Sub
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Wed, 16 Jun 2021 House: Cal Pursuant 36(b)
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Wed, 16 Jun 2021 House: Added to Calendar
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Wed, 16 Jun 2021 House: Failed Concur In S Com Sub
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Wed, 4 Aug 2021 House: Conf Com Appointed
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Mon, 9 Aug 2021 Senate: Conf Com Appointed
Bill Summaries:
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Bill H 64 (2021-2022)Summary date: Jun 14 2021 - View SummaryEducation, Elementary and Secondary Education, Higher Education, Employment and Retirement, Government, State Agencies, Community Colleges System Office, UNC System, State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Mental Health
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Bill H 64 (2021-2022)Summary date: Jun 9 2021 - View Summary
Senate committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following.
Amends GS 126-23 regarding required State personnel recordkeeping by each department, agency, institution, commission and bureau of the State, to require records to show the date and general description of the reasons for each promotion, demotion, dismissal, transfer, suspension, or separation (dismissals, suspensions, and demotions were previously separated and required stated disciplinary reasoning). No longer requires keeping records for suspension or demotion for disciplinary reasons of a copy of the written notice of the final decision of the head of the department setting forth the specific acts or omissions that are the basis of the dismissal. Adds that nothing in the statute authorizes the disclosure of any confidential information protected by HIPAA, the Americans With Disabilities Act, or other applicable law. Requires that for the general descriptions of the reason for each promotion, demotion, dismissal, transfer, suspension, or separation: (1) no general description can disclose information otherwise prohibited from disclosure by an applicable law; and (2) the general description must become part of the record upon the later of the expiration of the time period to file an appeal or a final decision being entered in that administrative appeals process. Amends GS 126-22 by amending the term employee to mean any current State employee, former State employee, or application for State employment subject to Article 7, The Privacy of State Employee Personnel Records. Amends the term employer, defined as any State department, university, divisions, bureau, commission, council or other agency subject to Article 7, by specifying that university includes the Board, the Board of Trustees, Chancellor, constituent institutions, and the President.
Makes identical changes to the personnel recordkeeping requirements by local boards of education, community colleges: GS 115C-320 and GS 115D-28.
Makes identical changes to that information that is considered public record for LME/MCOs, local governments, and water and sewer authorities, pursuant to the following governing statutes: GS 122C-158; GS 153A-98; GS 160A-168; and GS 162A-6.1. Further amends GS 122C-158 to make a public record the station to which an LME/MCO employee is currently assigned. Further amends GS 153A-98 to also make the statute applicable to employees subject to GS 153A-103 (number of employees in offices of sheriff and register of deeds); makes a conforming clarifying change to GS 153A-99. Amends GS 130A-45.9 by making those same changes to the public health authority employee information that is public record and also (1) requires the type of promotion, demotion, transfer, suspension, separation, or other change in position classification to be public record; (2) includes as public record the office or station to which the employee is currently assigned; and (3) makes organizational changes. Amends GS 131E-257.2 by making those same changes to the public hospital employee information that is public record and also requires the type of the promotion, demotion, transfer, suspension, separation, or other change in position classification to be public record.
Requires, by November 30, 2021, each employer affected by this act to adopt personnel policies to effectuate the act to allow its employees to challenge the wording of the general description of any promotion, demotion, transfer, suspension, separation, or dismissal occurring on or after December 1, 2021. This provision is effective when the act becomes law.
Effective December 1, 2021, and applies to promotions, demotions, transfers, suspensions, separations, and dismissals occurring on or after that date.
Amends the act's titles.
Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Government, State Agencies, Community Colleges System Office, UNC System, State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Mental Health
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Bill H 64 (2021-2022)Summary date: Feb 9 2021 - View Summary
Amends GS 143B-438.10, increasing the membership of the NCWorks Commission from 33 to 37 members. Adds the following State officials or their designees: the State official with primary responsibility for Adult Education and Family Literacy (Title II of the Workforce Innovation and Opportunity 20 Act, P.L. 113-128, as amended); and the State official with primary responsibility for Vocational Rehabilitation or Services for the Blind (Title IV of the Workforce Innovation and Opportunity Act, P.L. 113-128, as amended). Additionally, increases the Governor-appointed members representing business and industry in the State from 17 to 19, with two of the appointees' initial term ending October 31, 2021.
Senate committee substitute to the 1st edition changed the long title. Original title was AN ACT TO ADD MEMBERS TO THE MEMBERSHIP OF THE NCWORKS COMMISSION.