GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S D SENATE BILL DRS15154-MC-50 Short Title: Make Legislators' Docs Public Records. (Public) Sponsors: Senator Everitt (Primary Sponsor). Referred to: *DRS15154 -MC-50* A BILL TO BE ENTITLED 1 AN ACT TO MAKE LEGISLATORS ' DOCUMENTS PUBLIC RECORDS. 2 The General Assembly of North Carolina enacts: 3 SECTION 1. Section 27.7 of S.L. 2023-134, with the exception of subsection (d), 4 and Section 27.9 of S.L. 2023-134 are repealed. 5 SECTION 2. G.S. 120-130 reads as rewritten: 6 "§ 120-130. Drafting and information requests to legislative employees. 7 (a) A drafting request made to a legislative employee from a legislator is confidential. 8 Neither The legislative employee may not reveal the identity of the legislator making the request 9 nor, except to the extent necessary to answer the request, reveal the existence of the request may 10 be revealed to any person who is not a legislative employee without the consent of the legislator. 11 (b) An information request made to a legislative employee from a legislator is 12 confidential. Neither The legislative employee may not reveal the identity of the legislator 13 making the request nor, except to the extent necessary to answer the request, reveal the existence 14 of the request may be revealed to any person who is not a legislative employee without the 15 consent of the legislator. Notwithstanding the preceding sentences of this subsection, the periodic 16 publication by the Fiscal Research Division of the Legislative Services Office of a list of 17 information requests is not prohibited, if the identity of the legislator making the request is not 18 revealed. 19 (c) Any supporting documents submitted or caused to be submitted to a legislative 20 employee by a legislator in connection with a drafting or information request are confidential. 21 Except to the extent necessary to answer the request, neither the document nor copies of it, nor 22 the identity of the person, firm, or association producing it, may be provided to any person who 23 is not a legislative employee without the consent of the legislator. 24 (d) Drafting or information requests or supporting documents are not "public records" as 25 defined by G.S. 132-1." 26 SECTION 3. G.S. 120-131, as amended by Section 1 of this act, reads as rewritten: 27 "§ 120-131. Documents produced by legislative employees. 28 (a) Documents prepared by legislative employees upon the request of legislators are 29 confidential. Except as provided in subsection (b) of this section, the legislative employee may 30 not reveal the existence of the document may not be revealed nor may the legislative employee 31 provide a copy of the document be provided to any person who is not a legislative employee 32 without the consent of the legislator. 33 (b) A document prepared by a legislative employee upon the request of a legislator 34 becomes available to the public when the document is a: 35 (1) Bill or resolution and it has been introduced; 36 FILED SENATE Mar 19, 2025 S.B. 331 PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 Page 2 DRS15154-MC-50 (2) Proposed amendment or committee substitute for a bill or resolution and it has 1 been offered at a committee meeting or on the floor of a house; 2 (3) Proposed conference committee report and it has been offered at a joint 3 meeting of the conference committees; or 4 (4) Bill, resolution, memorandum, written analysis, letter, or other document 5 resulting from a drafting or information request and it has been distributed at 6 a legislative commission or standing committee or subcommittee meeting not 7 held in executive session, closed session, or on the floor of a house. 8 A document prepared by a legislative employee upon the request of any legislator, that pursuant 9 to this Article does not become available to the public, is not a "public record," as defined by 10 G.S. 132-1. 11 …." 12 SECTION 4. G.S. 120-132, as amended by Section 1 of this act, reads as rewritten: 13 "§ 120-132. Testimony by legislative employees. 14 (a) Except as provided in subsections (b) and (c) of this section, no present or former 15 legislative employee may disclose any documents or information that the individual, while 16 employed or retained by the State, may have acquired: 17 (1) In a standing, select, or conference committee or subcommittee of either house 18 of the General Assembly or a legislative commission;commission. 19 (2) On the floor of either house of the General Assembly, in any office of a 20 legislator, or at any other location of the State legislative buildings and 21 grounds as defined in G.S. 120-32.1(d);G.S. 120-32.1(d). 22 (3) As a result of communications that are confidential under G.S. 120-130 and 23 G.S. 120-131. 24 (b) A present or former legislative employee may disclose information or documents 25 acquired under subsection (a) of this section that would be reflected in the official public record 26 or was that were otherwise publicly disseminated. 27 (c) Subject to G.S. 120-9, G.S. 120-133, and the common law of legislative privilege and 28 legislative immunity, the presiding judge may compel disclosure of information or documents 29 acquired by the legislative employee under subsection (a) of this section if in the judge's opinion, 30 the disclosure is necessary to a proper administration of justice." 31 SECTION 5. This act is effective when it becomes law. 32