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Records Bills of Interest
Several bills were filed during the 2009 session that would modify the existing public records laws. Below is a summary of each bill and an update on its status for 2010. Click on the bill number for the General Assembly's Web Page. Note: This information is provided as a service to NCAGIO members and is not meant to infer or imply in any way that NCAGIO supports or opposes either of the bills listed below.
- Open Government Handbook from the N.C. Attorney General's Office (PDF)
Last updated: Oct. 13, 2009
| Bill: | HB81 |
| Sponsors: | Cleveland (R14) |
| Title: | NOTICE OF SPECIAL/EMERGENCY MEETINGS |
| Status: | 07/27/2009 – Chaptered Session Laws |
| Comments: | This bill adds e-mail to the list of ways in which a local government can notify the media or others that have requested notification regarding the scheduling of an unscheduled meeting or an emergency meeting of a governing body. For unscheduled meetings, it also requires a governing body to post the notification on the door of the building or in an area otherwise accessible to the public in the building where the meeting will be held if that building is typically closed during the 48-hour period prior to the meeting. The bill requires public bodies that have Web sites to post their regular meeting schedule on the Web site and to post any notices of special meetings on the Web site if the Web site is maintained "by one or more of its employees." The House agreed to the Senate changes, which made the effective date to Oct. 1, 2009. |
| Bill: | HB193 |
| Sponsors: | Howard (R79); Stam (R37) |
| Title: | ELECTRONIC NOTICE OF PUBLIC HEARINGS |
| Status: | 03/04/2009 – House Committee On Judiciary I |
| Comments: | The bill, sponsored by Rep. Julia Howard (Davie) and Paul Stam (Wake), was reported favorably by the House Local Government II Committee on Feb. 4 but was withdrawn from the House Committee on Judiciary I in May. The bill attempted to rewrite what was local legislation passed in 2007 that applied to Cabarrus County and four towns in Wake County and make it a statewide bill. It would have enabled a local government to post notices of public meetings on its official Web site in lieu of purchasing costly advertisements in newspapers. If a local government operates a government access television channel, it would also be required to advertise notice of the public hearings on the channel. The bill was heard in the committee, but was withdrawn by the bill sponsor before it could be voted on due to expressed opposition by several members of the committee. |
| Bill: | HB644 |
| Sponsors: | Cleveland (R14); Burr (R67) |
| Title: | MISDEMEANOR/NOT PRODUCE PUBLIC RECORDS |
| Status: | 03/18/2009 – House Committee On Judiciary I |
| Comments: | This bill makes it a Class 2 misdemeanor if the custodian of public records does not "permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person ... [or] as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law." |
| Bill: | HB734 |
| Sponsors: | Allred (R64); Blust (R62); Cleveland (R14) |
| Title: | OPEN GOVERNMENT/NONDISCLOSURE PENALTIES |
| Status: | 03/23/2009 – House Committee On Judiciary I |
| Comments: | This bill requires a public agency to pay for the opposing party's attorneys' fees in a public records case in which a court compels the agency to release records. It also provides the court the discretion to impose a civil penalty of up to $50 per day when a "public officer or official (State or local) violated the public access requirements of this Chapter without good cause." The bill also authorizes the creation of an Open Government Unit within the Department of Justice that would provide training for public agencies, mediate public records disputes and study open meetings laws in other states, among other duties. The bill was not heard in committee. |
| Bill: | HB1134 |
| Sponsors: | Wainwright (D12); Ross (D38); Dickson (D44); Wilkins (D55) |
| Title: | OPEN GOVERNMENT ACT |
| Status: | 07/14/2009 – Senate Committee On Judiciary I |
| Comments: | This bill would require the payment of reasonable attorneys' fees if a local government loses an open records lawsuit, with a few exceptions, and would create an Open Government branch in the Attorney General's office that would serve as a moderator or mediator in public records disputes before they go to litigation if both sides agree. The government entity would be responsible for paying the fee for the cost of the moderation or mediation. The bill passed the House on July 13. The Senate did not consider the bill prior to adjournment, but it will be eligible for consideration during the 2010 short session. |
| Bill: | HB1263 |
| Sponsors: | Alexander, K. (D107); Mackey (D99) |
| Title: | KEEP RECORDINGS OF CLOSED SESSIONS |
| Status: | 04/09/2009 – House Committee On Local Government II |
| Comments: | Members of the Local Government II Committee discussed but took no action on this bill on May 13, sealing its fate for the biennium. The bill would have required cities or counties with populations of at least 50,000 to record audio of closed sessions. The recording could be withheld as long as the release of the recording would frustrate the purpose of the closed session. Currently, the law requires all local governments to keep a record of any closed session, but does not require sound to be recorded. The bill was not heard in committee and is not eligible for consideration during the 2010 short session. |
| Bill: | SB698 |
| Sponsors: | Boseman (D9) |
| Title: | CITY/COUNTY/SANITARY DISTRICT FEES/INTERNET |
| Status: | 08/07/2009 – Chaptered Session Laws |
| Comments: | A House committee substitute changed the nature of this bill to make it applicable only to the imposition of or an increase in fees "applicable solely to the construction of development." The governing board must provide notice at least seven days in advance before any meeting in which it has on the agenda the consideration of an imposition or increase in any fee. The bill also includes a mandatory "period of public comment." If the governing body has a Web site, it may post the notice on the Web site. The bill was amended on the House floor to change the effective date from Aug. 1, 2009, to Sept. 1, 2009. The Senate concurred with the House changes, and the bill has been signed into law. |