Bill Text: NC S649 | 2017-2018 | Regular Session | Amended
Bill Title: Public Records Access - NC Residents Only
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-04-05 - Ref To Com On Rules and Operations of the Senate [S649 Detail]
Download: North_Carolina-2017-S649-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 649
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Short Title: Public Records Access - NC Residents Only. |
(Public) |
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Sponsors: |
Senators Daniel, Brock, Hise (Primary Sponsors); and Rabin. |
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Referred to: |
Rules and Operations of the Senate |
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April 5, 2017
A BILL TO BE ENTITLED
AN ACT TO provide that access to north carolina public records are for north carolina residents.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 132‑1(b) reads as rewritten:
"(b) The public records
and public information compiled by the agencies of North Carolina government or
its subdivisions are the property of the people. residents of this
State. Therefore, it is the policy of this State that the people residents
of this State may obtain copies of their public records and public
information free or at minimal cost unless otherwise specifically provided by
law. As used herein, "minimal cost" shall mean the actual cost of
reproducing the public record or public information."
SECTION 2. G.S. 132‑1.4(d) reads as rewritten:
"(d) A public law
enforcement agency shall temporarily withhold the name or address of a
complaining witness if release of the information is reasonably likely to pose
a threat to the mental health, physical health, or personal safety of the
complaining witness or materially compromise a continuing or future criminal
investigation or criminal intelligence operation. Information temporarily
withheld under this subsection shall be made available for release to the public
in accordance with G.S. 132‑6 as soon as the circumstances that
justify withholding it cease to exist. Any person resident of this
State denied access to information withheld under this subsection may apply
to a court of competent jurisdiction for an order compelling disclosure of the
information. In such action, the court shall balance the interests of the
public in disclosure against the interests of the law enforcement agency and
the alleged victim in withholding the information. Actions brought pursuant to
this subsection shall be set down for immediate hearing, and subsequent
proceedings in such actions shall be accorded priority by the trial and
appellate courts."
SECTION 3. G.S. 132‑1.9(c) and (d) read as rewritten:
"(c) Trial Preparation
Material Prepared in Anticipation of a Legal Proceeding. – Any person resident
of this State who is denied access to a public record that is also claimed
to be trial preparation material that was prepared in anticipation of a legal
proceeding that has not yet been commenced may petition the court pursuant to
G.S. 132‑9 for determination as to whether the public record is
trial preparation material that was prepared in anticipation of a legal
proceeding.
(d) During a Legal Proceeding. –
…
(3) Any person resident
of this State who is denied access to a public record that is also claimed
to be trial preparation material and who is not a party to the pending legal
proceeding to which such record pertains, and who is not acting in concert with
or as an agent for any party to the pending legal proceeding, may petition the
court pursuant to G.S. 132‑9 for a determination as to whether the
public record is trial preparation material."
SECTION 4. G.S. 132‑6 reads as rewritten:
"§ 132‑6. Inspection and examination of records.
(a) Every custodian of
public records shall permit any record in the custodian's custody to be
inspected and examined at reasonable times and under reasonable supervision by
any person, resident of this State and shall, as promptly as
possible, furnish copies thereof upon payment of any fees as may be prescribed
by law. As used herein, "custodian" does not mean an agency that
holds the public records of other agencies solely for purposes of storage or
safekeeping or solely to provide data processing.
(a1) Notwithstanding subsection (a) of this section, the public records maintained by the clerk of court and register of deeds of every county shall be open to inspection and copying by any person. The access granted under this subsection is subject to the requirements and conditions of this Chapter.
(b) No person resident
of this State requesting to inspect and examine public records, or to
obtain copies thereof, shall be required to disclose the purpose or motive for
the request.
…."
SECTION 5. G.S. 132‑6.2 reads as rewritten:
"§ 132‑6.2. Provisions for copies of public records; fees.
(a) Persons Residents
of this State requesting copies of public records may elect to obtain them
in any and all media in which the public agency is capable of providing them.
No request for copies of public records in a particular medium shall be denied
on the grounds that the custodian has made or prefers to make the public
records available in another medium. The public agency may assess different
fees for different media as prescribed by law.
(b) Persons Residents
of this State requesting copies of public records may request that the
copies be certified or uncertified. The fees for certifying copies of public
records shall be as provided by law. Except as otherwise provided by law, no
public agency shall charge a fee for an uncertified copy of a public record
that exceeds the actual cost to the public agency of making the copy. For
purposes of this subsection, "actual cost" is limited to direct, chargeable
costs related to the reproduction of a public record as determined by generally
accepted accounting principles and does not include costs that would have been
incurred by the public agency if a request to reproduce a public record had not
been made. Notwithstanding the provisions of this subsection, if the request is
such as to require extensive use of information technology resources or
extensive clerical or supervisory assistance by personnel of the agency
involved, or if producing the record in the medium requested results in a
greater use of information technology resources than that established by the
agency for reproduction of the volume of information requested, then the agency
may charge, in addition to the actual cost of duplication, a special service
charge, which shall be reasonable and shall be based on the actual cost
incurred for such extensive use of information technology resources or the
labor costs of the personnel providing the services, or for a greater use of
information technology resources that is actually incurred by the agency or
attributable to the agency. If anyone requesting public information from any
public agency is charged a fee that the requester believes to be unfair or
unreasonable, the requester may ask the State Chief Information Officer or his
designee to mediate the dispute.
(c) Persons Residents
of this State requesting copies of computer databases may be required to
make or submit such requests in writing. Custodians of public records shall
respond to all such requests as promptly as possible. If the request is
granted, the copies shall be provided as soon as reasonably possible. If the
request is denied, the denial shall be accompanied by an explanation of the
basis for the denial. If asked to do so, the person denying the request shall,
as promptly as possible, reduce the explanation for the denial to writing.
(d) Nothing in this section shall be construed to require a public agency to respond to requests for copies of public records outside of its usual business hours.
(e) Nothing in this section shall be construed to require a public agency to respond to a request for a copy of a public record by creating or compiling a record that does not exist. If a public agency, as a service to the requester, voluntarily elects to create or compile a record, it may negotiate a reasonable charge for the service with the requester. Nothing in this section shall be construed to require a public agency to put into electronic medium a record that is not kept in electronic medium."
SECTION 6. G.S. 132‑9(a) reads as rewritten:
"§ 132‑9. Access to records.
(a) Any person Any
resident of this State who is denied access to public records for purposes
of inspection and examination, or who is denied copies of public records, may
apply to the appropriate division of the General Court of Justice for an order
compelling disclosure or copying, and the court shall have jurisdiction to
issue such orders if the person has complied with G.S. 7A‑38.3E.
Actions brought pursuant to this section shall be set down for immediate
hearing, and subsequent proceedings in such actions shall be accorded priority
by the trial and appellate courts."
SECTION 7. This act becomes effective October 1, 2017, and applies to requests to inspect and requests to copy made on or after that date.
