| 12 | 13 | | A BILL TO BE ENTITLED 1 |
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| 13 | 14 | | AN ACT TO MAKE LEGISLATORS ' DOCUMENTS PUBLIC RECORDS. 2 |
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| 14 | 15 | | The General Assembly of North Carolina enacts: 3 |
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| 15 | 16 | | SECTION 1. Section 27.7 of S.L. 2023-134, with the exception of subsection (d), 4 |
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| 16 | 17 | | and Section 27.9 of S.L. 2023-134 are repealed. 5 |
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| 17 | 18 | | SECTION 2. G.S. 120-130 reads as rewritten: 6 |
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| 18 | 19 | | "§ 120-130. Drafting and information requests to legislative employees. 7 |
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| 19 | 20 | | (a) A drafting request made to a legislative employee from a legislator is confidential. 8 |
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| 20 | 21 | | Neither The legislative employee may not reveal the identity of the legislator making the request 9 |
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| 21 | 22 | | nor, except to the extent necessary to answer the request, reveal the existence of the request may 10 |
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| 22 | 23 | | be revealed to any person who is not a legislative employee without the consent of the legislator. 11 |
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| 23 | 24 | | (b) An information request made to a legislative employee from a legislator is 12 |
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| 24 | 25 | | confidential. Neither The legislative employee may not reveal the identity of the legislator 13 |
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| 25 | 26 | | making the request nor, except to the extent necessary to answer the request, reveal the existence 14 |
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| 26 | 27 | | of the request may be revealed to any person who is not a legislative employee without the 15 |
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| 27 | 28 | | consent of the legislator. Notwithstanding the preceding sentences of this subsection, the periodic 16 |
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| 28 | 29 | | publication by the Fiscal Research Division of the Legislative Services Office of a list of 17 |
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| 29 | 30 | | information requests is not prohibited, if the identity of the legislator making the request is not 18 |
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| 30 | 31 | | revealed. 19 |
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| 31 | 32 | | (c) Any supporting documents submitted or caused to be submitted to a legislative 20 |
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| 32 | 33 | | employee by a legislator in connection with a drafting or information request are confidential. 21 |
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| 33 | 34 | | Except to the extent necessary to answer the request, neither the document nor copies of it, nor 22 |
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| 34 | 35 | | the identity of the person, firm, or association producing it, may be provided to any person who 23 |
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| 35 | 36 | | is not a legislative employee without the consent of the legislator. 24 |
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| 36 | 37 | | (d) Drafting or information requests or supporting documents are not "public records" as 25 |
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| 37 | 38 | | defined by G.S. 132-1." 26 |
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| 38 | 39 | | SECTION 3. G.S. 120-131, as amended by Section 1 of this act, reads as rewritten: 27 |
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| 39 | 40 | | "§ 120-131. Documents produced by legislative employees. 28 |
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| 40 | 41 | | (a) Documents prepared by legislative employees upon the request of legislators are 29 |
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| 41 | 42 | | confidential. Except as provided in subsection (b) of this section, the legislative employee may 30 |
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| 42 | 43 | | not reveal the existence of the document may not be revealed nor may the legislative employee 31 |
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| 43 | 44 | | provide a copy of the document be provided to any person who is not a legislative employee 32 |
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| 44 | 45 | | without the consent of the legislator. 33 |
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| 45 | 46 | | (b) A document prepared by a legislative employee upon the request of a legislator 34 |
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| 46 | 47 | | becomes available to the public when the document is a: 35 |
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| 49 | 54 | | (2) Proposed amendment or committee substitute for a bill or resolution and it has 1 |
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| 50 | 55 | | been offered at a committee meeting or on the floor of a house; 2 |
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| 51 | 56 | | (3) Proposed conference committee report and it has been offered at a joint 3 |
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| 52 | 57 | | meeting of the conference committees; or 4 |
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| 53 | 58 | | (4) Bill, resolution, memorandum, written analysis, letter, or other document 5 |
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| 54 | 59 | | resulting from a drafting or information request and it has been distributed at 6 |
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| 55 | 60 | | a legislative commission or standing committee or subcommittee meeting not 7 |
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| 56 | 61 | | held in executive session, closed session, or on the floor of a house. 8 |
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| 57 | 62 | | A document prepared by a legislative employee upon the request of any legislator, that pursuant 9 |
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| 58 | 63 | | to this Article does not become available to the public, is not a "public record," as defined by 10 |
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| 59 | 64 | | G.S. 132-1. 11 |
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| 60 | 65 | | …." 12 |
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| 61 | 66 | | SECTION 4. G.S. 120-132, as amended by Section 1 of this act, reads as rewritten: 13 |
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| 62 | 67 | | "§ 120-132. Testimony by legislative employees. 14 |
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| 63 | 68 | | (a) Except as provided in subsections (b) and (c) of this section, no present or former 15 |
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| 64 | 69 | | legislative employee may disclose any documents or information that the individual, while 16 |
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| 65 | 70 | | employed or retained by the State, may have acquired: 17 |
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| 66 | 71 | | (1) In a standing, select, or conference committee or subcommittee of either house 18 |
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| 67 | 72 | | of the General Assembly or a legislative commission;commission. 19 |
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| 68 | 73 | | (2) On the floor of either house of the General Assembly, in any office of a 20 |
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| 69 | 74 | | legislator, or at any other location of the State legislative buildings and 21 |
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| 70 | 75 | | grounds as defined in G.S. 120-32.1(d);G.S. 120-32.1(d). 22 |
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| 71 | 76 | | (3) As a result of communications that are confidential under G.S. 120-130 and 23 |
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| 72 | 77 | | G.S. 120-131. 24 |
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| 73 | 78 | | (b) A present or former legislative employee may disclose information or documents 25 |
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| 74 | 79 | | acquired under subsection (a) of this section that would be reflected in the official public record 26 |
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| 75 | 80 | | or was that were otherwise publicly disseminated. 27 |
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| 76 | 81 | | (c) Subject to G.S. 120-9, G.S. 120-133, and the common law of legislative privilege and 28 |
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| 77 | 82 | | legislative immunity, the presiding judge may compel disclosure of information or documents 29 |
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| 78 | 83 | | acquired by the legislative employee under subsection (a) of this section if in the judge's opinion, 30 |
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| 79 | 84 | | the disclosure is necessary to a proper administration of justice." 31 |
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| 80 | 85 | | SECTION 5. This act is effective when it becomes law. 32 |
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