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No events on calendar for this bill.
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Ref To Com On Rules and Operations of the SenateSenate | 2021-09-07Vetoed 09/03/2021Senate | 2021-09-03Pres. To Gov. 8/27/2021Senate | 2021-08-27RatifiedSenate | 2021-08-26Ordered EnrolledSenate | 2021-08-25Concurred In H Com SubSenate | 2021-08-25Placed On Cal For 08/25/2021Senate | 2021-08-24Regular Message Received For Concurrence in H Com SubSenate | 2021-08-24Regular Message Sent To SenateHouse | 2021-08-20Passed 3rd ReadingHouse | 2021-08-19Passed 2nd ReadingHouse | 2021-08-19Amend Failed A1House | 2021-08-19Added to CalendarHouse | 2021-08-19Cal Pursuant Rule 36(b)House | 2021-08-19Reptd Fav Com SubstituteHouse | 2021-08-19Serial Referral To Rules, Calendar, and Operations of the House StrickenHouse | 2021-08-18Re-ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the HouseHouse | 2021-08-04Withdrawn From ComHouse | 2021-08-04Ref To Com On Rules, Calendar, and Operations of the HouseHouse | 2021-05-13Passed 1st ReadingHouse | 2021-05-13Regular Message Received From SenateHouse | 2021-05-12Regular Message Sent To HouseSenate | 2021-05-12EngrossedSenate | 2021-05-11Passed 3rd ReadingSenate | 2021-05-11Passed 2nd ReadingSenate | 2021-05-11Amend Adopted A1Senate | 2021-05-11Reptd FavSenate | 2021-05-10Re-ref Com On Rules and Operations of the SenateSenate | 2021-05-06Com Substitute AdoptedSenate | 2021-05-06Reptd Fav Com SubstituteSenate | 2021-05-06Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the SenateSenate | 2021-05-05Withdrawn From ComSenate | 2021-05-05Ref To Com On Rules and Operations of the SenateSenate | 2021-04-07Passed 1st ReadingSenate | 2021-04-07FiledSenate | 2021-04-06
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CHARITABLE DONATIONS
CORPORATIONS
NONPROFIT
PRESENTED
PRIVACY
PUBLIC
PUBLIC RECORDS
RATIFIED
REVENUE DEPT.
TAX RETURNS
TAXATION
VETOED
RECORDS
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120
131E
131F
132
138
163
55A
58 (Chapters); 120-87
131E-214.14
131F-6
132-1.1
138A-34
14-234.1
163-278.5
55A-16-05
55A-16-24
58-3-6 (Sections)
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No counties specifically cited.
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S636: Donor Privacy. Latest Version
Session: 2021 - 2022
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SENATE BILL 636
RATIFIED BILL
AN ACT to protect the privacy of charitable donors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 55A‑16‑05 reads as rewritten:
§ 55A‑16‑05. Limitations on use of membership list.
(a) Without consent of the board of directors, a membership list or any part thereof shall not be obtained or used by any person for any purpose unrelated to a member's interest as a member. Without limiting the generality of the foregoing, and without the consent of the board, a membership list or any part thereof shall not be:be used for any of the following:
(1) Used to To solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the corporation;corporation.
(2) Used for For any commercial purpose; orpurpose.
(3) Sold to Sale or purchased purchase by any person.
(b) The identity of any person donating monies or other tangible goods to the nonprofit corporation shall not be disclosed by the nonprofit corporation if the person has notified the nonprofit corporation, in writing prior to or at the time of the donation, not to disclose the person's identity. This subsection shall not apply to disclosures required by State or federal law, criminal investigations, or orders of the court.
(c) The court, in an action brought under subsection (b) of this section, may award reasonable attorneys' fees to the prevailing party.
SECTION 2. G.S. 132‑1.1 is amended by adding a new subsection to read:
(i) Nonprofit Donor Information. – Except as specifically required by State or federal law or authorized by the person donating monies or other tangible goods, the identity of any person donating monies or other tangible goods to a nonprofit corporation is confidential. The court, in an action brought under this subsection, may award reasonable attorneys' fees to the prevailing party.
SECTION 3.(a) G.S. 55A‑16‑24 is amended by adding a new subsection to read:
(c) G.S. 132‑1.1(i) shall apply to any attachments or other information submitted in association with the Internal Revenue Service Form 990 or Form 990‑EZ required under subsection (a) of this section that identifies donors.
SECTION 3.(b) G.S. 58‑3‑6 is amended by adding a new subsection to read:
(g) G.S. 132‑1.1(i) shall apply to any attachments or other information submitted in association with the Internal Revenue Service Form 990 or Form 990‑EZ required under subsection (c) of this section that identifies donors.
SECTION 3.(c) G.S. 131E‑214.14 is amended by adding a new subsection to read:
(c) Donor Information. – G.S. 132‑1.1(i) shall apply to any attachments or other information submitted in association with the Internal Revenue Service Form 990 or Form 990‑EZ required under subsection (a) of this section that identifies donors.
SECTION 3.(d) G.S. 131F‑6 is amended by adding a new subsection to read:
(c) Donor Information. – G.S. 132‑1.1(i) shall apply to any attachments or other information submitted in association with the Internal Revenue Service Form 990 or Form 990‑EZ required under subsection (a) of this section that identifies donors.
SECTION 4. G.S. 163‑278.5 reads as rewritten:
§ 163‑278.5. Scope of Article; severability.
(a) The provisions of this Article apply to primaries and elections for North Carolina offices and to North Carolina referenda and do not apply to primaries and elections for federal offices or offices in other States or to non‑North Carolina referenda. Any provision in this Article that regulates a non‑North Carolina entity does so only to the extent that the entity's actions affect elections for North Carolina offices or North Carolina referenda.
(b) The provisions of this Article are severable. If any provision is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the Article that can be given effect without the invalid provision.
(c) This section applies to Articles and [Article] Article 22M of the General Statutes this Chapter to the same extent that it applies to this Article.
(d) G.S. 132‑1.1(i) shall not apply to any disclosure of donor information required by this Article or Article 22M of this Chapter.
SECTION 5.(a) G.S. 138A‑34 reads as rewritten:
§ 138A‑34. Use of information for private gain.
(a) A public servant or legislative employee shall not use or disclose nonpublic information gained in the course of, or by reason of, the public servant's or legislative employee's official responsibilities in a way that would affect a personal financial interest of the public servant or legislative employee, a member of the public servant's or legislative employee's extended family, or a person or governmental unit with whom or business with which the public servant or legislative employee is associated.
(b) A public servant or legislative employee shall not improperly use or improperly disclose any confidential information.
(c) No public servant shall use or disclose in any way confidential information gained in the course of the public servant's official activities or by reason of the public servant's official position in violation of G.S. 132‑1.1(i).
SECTION 5.(b) G.S. 120‑87 reads as rewritten:
§ 120‑87. Disclosure of confidential information.
(a) No legislator shall use or disclose in any way confidential information gained in the course of the legislator's official activities or by reason of the legislator's official position that could result in financial gain for: (i) the legislator; (ii) a business with which the legislator is associated; (iii) a nonprofit corporation or organization with which the legislator is associated; (iv) a member of the legislator's immediate family; or (v) any other person.
(b) Repealed by Session Laws 2006‑201, s. 4, effective January 1, 2007.
(c) No legislator shall use or disclose in any way confidential information gained in the course of the legislator's official activities or by reason of the legislator's official position in violation of G.S. 132‑1.1(i).
SECTION 5.(c) G.S. 14‑234.1 reads as rewritten:
§ 14‑234.1. Misuse of confidential information.
(a) It is unlawful for any officer or employee of the State or an officer or an employee of any of its political subdivisions, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information which was made known to him in his official capacity and which has not been made public, to commit any of the following acts:
(1) Acquire a pecuniary interest in any property, transaction, or enterprise or gain any pecuniary benefit which may be affected by such information or official action; or
(2) Intentionally aid another to do any of the above acts.
(a1) It is unlawful for any officer or employee of the State or an officer or employee of any of its political subdivisions to use or disclose in any way confidential information gained in the course of their official capacity in violation of G.S. 132‑1.1(i).
(b) Violation of this section is a Class 1 misdemeanor.
SECTION 5.(d) This section becomes effective October 1, 2021, and applies to offenses committed on or after that date.
SECTION 6. Except as otherwise provided, this act becomes effective October 1, 2021.
In the General Assembly read three times and ratified this the 26th day of August, 2021.
s/ Ralph Hise
Presiding Officer of the Senate
s/ Donna McDowell White
Presiding Officer of the House of Representatives
___________________________________________
Roy Cooper
Governor
Approved __________.m. this ______________ day of ___________________, 2021