Bill Summary – FastDemocracy

H.B. 304
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                           Mar 15, 2021
                                     SESSION 2021                                     HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                   HOUSE BILL DRH40187-MM-6
     Short Title:   Protect Personal Info/LEOs, Judges, DAs.                                   (Public)
     Sponsors:      Representatives McNeill, Hardister, Faircloth, and Miller (Primary Sponsors).
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO REQUIRE CITIES AND COUNTIES TO REMOVE PERSONAL
     INFORMATION FROM WEBSITES MAINTAINED BY COUNTIES AND CITIES
     WHEN REQUESTED BY CERTAIN LAW ENFORCEMENT PERSONNEL,
     PROSECUTORS, AND JUDICIAL OFFICERS AND TO CLARIFY CERTAIN
     PERSONNEL RECORDS OF LAW ENFORCEMENT OFFICERS.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 7 of Chapter 153A of the General Statutes is amended by
 adding a new section to read:
 "§ 153A-148.2. Removal of personal information from public websites; law enforcement
             personnel and others.
     (a)     Each county shall develop and make available a process by which any official listed
 in this subsection may request that the county remove that individual's personal information,
 including address and phone number, from any website maintained by the county and available
 to the general public. The request to remove personal information may also include a request to
 remove the personal information of the individual's spouse. The following individuals may
 request the removal of personal information from a county's website:
             (1)     A federal, State, or local law enforcement officer.
             (2)     A State judge, justice, or magistrate.
             (3)     A district attorney or assistant district attorney.
             (4)     A prosecutor employed by the North Carolina Department of Justice.
             (5)     A United States Attorney or Assistant United States Attorney.
             (6)     A federal judge.
     (b)     The request must be in writing and include all of the following:
             (1)     The name of the individual making the request.
             (2)     Information indicating the individual is eligible to make the request.
             (3)     The specific information to be removed.
     (c)     The county must remove the information if properly requested under this section. The
 information removed from the website shall not be placed on the website again unless the county
 receives a written revocation from the individual who made the original request.
     (d)     Neither the request to remove the information nor the revocation of the request is a
 public record as defined by G.S. 132-1, and the county shall keep the request and any revocation
 confidential. Information removed from the website continues to be a public record if it would
 otherwise be subject to disclosure under Chapter 132 of the General Statutes.
     (e)     A county and its officers, officials, employees, and agents, both past and present, in
 their official and individual capacity, shall be immune and held harmless from liability in any
                                    *DRH40187-MM-6*
     General Assembly Of North Carolina                                                      Session 2021
 action brought by or on behalf of any person injured or harmed by the action or inaction, in good
 faith, of the county or its officers, officials, employees, and agents in implementing the provisions
 of this section. However, if the actions of an officer, official, employee, or agent which result in
 harm were not within the course and scope of the duties of the officer, official, employee, or
 agent, the officer, official, employee, or agent may be subject to liability as an individual to the
 extent permitted by the laws of this State."
              SECTION 2. Article 9 of Chapter 160A of the General Statutes is amended by
 adding a new section to read:
 "§ 160A-208.2. Removal of personal information from public websites; law enforcement
              personnel and others.
     (a)      Each city shall develop and make available a process by which any official listed in
 this subsection may request that the city remove that individual's personal information, including
 address and phone number, from any website maintained by the city and available to the general
 public. The request to remove personal information may also include a request to remove the
 personal information of the individual's spouse. The following individuals may request the
 removal of personal information from a city's website:
              (1)     A federal, State, or local law enforcement officer.
              (2)     A State judge, justice, or magistrate.
              (3)     A district attorney or assistant district attorney.
              (4)     A prosecutor employed by the North Carolina Department of Justice.
              (5)     A United States Attorney or Assistant United States Attorney.
              (6)     A federal judge.
     (b)      The request must be in writing and include all of the following:
              (1)     The name of the individual making the request.
              (2)     Information indicating the individual is eligible to make the request.
              (3)     The specific information to be removed.
     (c)      The city must remove the information if properly requested under this section. The
 information removed from the website shall not be placed on the website again unless the city
 receives a written revocation from the individual who made the original request.
     (d)      Neither the request to remove the information nor the revocation of the request is a
 public record as defined by G.S. 132-1, and the city shall keep the request and any revocation
 confidential. Information removed from the website continues to be a public record if it would
 otherwise be subject to disclosure under Chapter 132 of the General Statutes.
     (e)      A city and its officers, officials, employees, and agents, both past and present, in their
 official and individual capacity, shall be immune and held harmless from liability in any action
 brought by or on behalf of any person injured or harmed by the action or inaction, in good faith,
 of the city or its officers, officials, employees, and agents in implementing the provisions of this
 section. However, if the actions of an officer, official, employee, or agent which result in harm
 were not within the course and scope of the duties of the officer, official, employee, or agent, the
 officer, official, employee, or agent may be subject to liability as an individual to the extent
 permitted by the laws of this State."
              SECTION 3. G.S. 153A-98(c4) reads as rewritten:
     "(c4) Even if considered part of an employee's personnel file, the The following information
 regarding any sworn law enforcement officer employed by the county shall not be disclosed to
 an employee or any other person, unless disclosed in accordance with G.S. 132-1.4, or in
 accordance with G.S. 132-1.10, or for the personal safety of that sworn law enforcement officer
 or any other person residing in the same residence:
              (1)     Information that might identify concerning the residence of a sworn law
                      enforcement officer.
              (2)     Emergency contact information.
              (3)     Any identifying information as defined in G.S. 14-113.20."
     Page 2                                                                            DRH40187-MM-6
     General Assembly Of North Carolina                                                 Session 2021
            SECTION 4. G.S. 160A-168(c4) reads as rewritten:
     "(c4) Even if considered part of an employee's personnel file, the The following information
 regarding any sworn law enforcement officer employed by the city shall not be disclosed to an
 employee or any other person, unless disclosed in accordance with G.S. 132-1.4, or in accordance
 with G.S. 132-1.10, or for the personal safety of that sworn law enforcement officer or any other
 person residing in the same residence:
            (1)     Information that might identify concerning the residence of a sworn law
                    enforcement officer.
            (2)     Emergency contact information.
            (3)     Any identifying information as defined in G.S. 14-113.20."
            SECTION 5. The process required by Sections 1 and 2 of this act shall be developed
 and implemented by October 1, 2021.
            SECTION 6. This act is effective when it becomes law.
     DRH40187-MM-6                                                                             Page 3
Statutes affected: 
Filed: 153A-98, 160A-168
Edition 1: 153A-98, 160A-168
Edition 2: 153A-98, 160A-168
Edition 3: 153A-98, 160A-168