Bill Summary for S 636 (2021-2022)

Summary date: 

Apr 7 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 636 (Public) Filed Tuesday, April 6, 2021
AN ACT TO PROTECT THE PRIVACY OF CHARITABLE DONORS.
Intro. by Sanderson, Steinburg, Krawiec.

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Bill 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. 

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