Bill Summary for S 801 (2025-2026)

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Summary date: 

Apr 21 2026

Bill Information:

View NCGA Bill Details2025-2026 Session
Senate Bill 801 (Public) Filed Tuesday, April 21, 2026
AN ACT TO EXEMPT FROM PUBLIC RECORDS REQUIREMENTS THE DISCLOSURE OF IDENTIFICATION AND LOCATION INFORMATION OF CURRENT AND FORMER SPECIAL OPERATIONS FORCES PERSONNEL AND THEIR DEPENDENTS, TO EXPAND THE ADDRESS CONFIDENTIALITY PROGRAM TO COVER THOSE PERSONS, TO ENACT THE CIVIL LIABILITY FOR DOXING ACT, AND TO APPROPRIATE FUNDS TO EFFECTUATE THE PURPOSES OF THIS ACT.
Intro. by McInnis, Lazzara, Britt.

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Bill summary

Section 1.

Enacts GS 132-1.15, exempting the identification and location information held by a state agency of current or former special operations personnel (protected person) from disclosure when the protected person submits: a written request to exempt the member's identification and location information from public disclosure to the State agency that has custody of the identification and location and a written statement that they have made reasonable efforts to protect the identification and location information from being accessible through other means available to the public. Directs the heads of each State agency to ensure that current and archived and location information is removed as soon as practicable from the State agency website in conforming with new GS 132-1.15. Contains findings and five defined terms, including special operations personnel and identification and location information or information (home addresses, telephone numbers and birth dates of protected persons, their spouses and dependents, and the names and locations of schools attended by the spouses of current and former special operations personnel and schools or daycare facilities attended by dependents of current and former special operations personnel). Specifies that the provisions of Section 1 apply to identification and location information as defined in new GS 132-1.15, as enacted by the act, held by a custodian before, on, or after the effective date of the act.

Section 2.

Enacts Article 11, “Address Confidentiality Program,” (Program) to GS Chapter 114, which establishes the Program in the Office of the Attorney General (OAG) to protect program participants from disclosure of certain publicly available information as provided in GS Chapter 15C (the address confidentiality program under that GS chapter). Contains nine definitions in new GS 114-75. Provides for Program application and Program authorization card. Instructs the Attorney General (AG) to certify the applicant as a program participant upon the filing of a properly completed application. Allows for renewal of a certification, as described in new GS 114-76. Provides for notice to the AG when a program participant changes their name, address or phone number in GS 114-77. Provides for civil penalties not exceeding $500 and for loss of certification in the Program if an applicant provides false information when applying for certification or renewal in GS 114-78.

Requires the AG to cancel the certification of a program participant under the four described circumstances in new GS 114-79, including when the participant files a request for withdrawal, or mail sent to the program participant by the AG is returned as undeliverable. Exempts cancellations from the provisions of Article 3 of the APA. Provides for notice of cancellation and the maintenance of document records of program participants. Specifies that a person that ceases to be a program participant is responsible for notifying persons who use the substitute address designated by the AG as the program participant's address that the designated substitute address is no longer the individual's address.

Instructs that the program participant, not the AG, is responsible for requesting that State agencies use the address designated by the AG as the participant’s substitute address in new GS 114-80. Requires State agencies to accept the substitute address on the Program authorization card when presented with a current and valid card.  Provides for agency waivers. Requires boards of elections to use a program participant’s actual address for election purposes but to keep the address confidential from the public. Directs the AG to issue a list to the county, city, or town assessor or tax collector a list containing the names and actual addresses of program participants residing in that county, city, or town. Instructs that the list can be used only for the purposes of listing, appraising, or assessing taxes on motor vehicles and collecting property taxes on motor vehicles in the county, city, or town. Provides confidentiality of the list as described. Prohibits the AG’s substitute list from being used for (1) listing, appraising, or assessing taxes on property and collecting taxes on property or (2) as an address by any register of deeds on recorded documents or for the purpose of indexing land. Instructs local school administrative units to use a program participant’s actual address for purposes related to school admission or assignment. Specifies that a program participant’s actual address or phone number is not a public record.

Prohibits the AG from disclosing a program participant’s address or telephone number in GS 114-81 except under the four described circumstances, including for law enforcement purposes, direction of a court order, or agency request under GS 15C-8 or agency program verification. Provides for immediate notice to the program participant if disclosure is made pursuant to court order or by agency request. If, at the time of application, the applicant is either subject to a court order or actively involved in a legal proceeding pertaining to divorce, child support or child custody, requires the AG to notify the issuing or presiding court of the substitute address. Prohibits a person from knowingly obtaining a program participant’s actual address from the AG and an employee of the OAG from knowingly disclosing a program participant’s actual address under the circumstances described. Makes either of these violations a Class 1 misdemeanor with a fine not to exceed $2,500. Provides for limitation of liability for liability in any action brought by or on behalf of any person injured or harmed by the actions or inactions of these entities and individuals in implementing Chapter GS 114 (appears to intend to refer to new Article 11), except of their actions resulting in harm were not within the course and scope of their duties. Authorizes the AG to adopt rules implementing same. Creates five-day mailbox rule in new GS 114-84 for notices or papers served upon program participants by mail whenever State laws provide a program participant a legal right to act within a prescribed period of days or less.

Section 3.

Effective October 1, 2026, enacts new Article 54, “Civil Liability for Doxing” to GS Chapter 1, making doxing special operations personnel unlawful. Sets forth eleven defined terms in new GS 1-670. Specifies, in new GS 1-671, circumstances in which a person may be held civilly liable for publishing an individual's identification and location information: (1) the individual publishes the information without the express consent of the special operations personnel with intent or knowledge that the information will be used to harm that person or that they do so with reckless disregard that the publication of that information will cause harm and (2) the publication causes the individual to suffer injury, as described. Lists ten instances where a person is not civilly liable for reporting such information including, reporting criminal activity, in connection with the exercise of the freedom of speech or the press, when required to do so by court order, in compliance with the listed federal laws, in a consumer alert or public notice, within a government agency or other government entity under the circumstances described, and on behalf of a State agency under exigent circumstances if the information was provided in a manner legally permitted under federal or State law.

Specifies that it is not a defense that the identification and location information at issue was voluntarily given to the publisher, has been previously publicly disclosed, or is readily discoverable through research or investigation. Clarifies that new GS 1-671 is not intended to allow actions to be brought for constitutionally protected activity or to conflict with the described federal civil rights and common carrier laws. Provides for standing, damages, temporary restraining orders, and venue. Authorizes suit against the publisher of the personal identifying information and any person who knowingly benefits, financially or by receiving anything of value, from participation in a venture that the person knew or should have known has engaged in an act in violation of new Article 54. Contains a severability clause.

Section 4.

Effective July 1, 2026, appropriates $150,000 from the General Fund to DOJ for the 2026-27 year to extend coverage under GS Chapter 15C to special operations personnel under GS 132-1.15, as enacted by the act. Requires the AG to provide annual reports to the specified NCGA committee and division starting on or before March 1, 2027.

Section 5.

Effective July 1, 2026, appropriates $150,000 from the General Fund to the Department of Military and Veterans’ Affairs for the 2026-27 year to inform servicemembers, veterans, and the general public about the protections available under the act.

Section 6.

Effective July 1, 2026, appropriates $250,000 from the General Fund to the Department of Information Technology for the 2026-27 year to provide technical assistance to State agencies and local political subdivisions of the State that may be required for their compliance with the provisions of the act.