Government Transparency Act of 2025.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 299

Short Title: Government Transparency Act of 2025. (Public)
Sponsors: Senators Sanderson and B. Newton (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 18, 2025
*S299-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO STRENGTHEN CONFIDENCE IN GOVER NMENT BY INCREASING 2
ACCESSIBILITY TO CER TAIN PUBLIC PERSONNE L PERFORMANCE AND 3
DISMISSAL RECORDS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1.(a) G.S. 126-23 reads as rewritten: 6
"§ 126-23. Certain records to be kept by State agencies open to inspection. 7
(a) Each department, agency, institution, commission and bureau of the State shall 8
maintain a record of each of its employees, showing the following information with respect to 9
each such employee: 10
… 11
(10) Date Subject to subsection (g) of this section, date and general description of 12
the reasons for each promotion of the following with that department, agency, 13
institution, commission, or bureau.bureau: 14
a. Promotion. 15
b. Demotion. 16
c. Transfer. 17
d. Suspension. 18
e. Separation. 19
f. Dismissal. 20
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 21
disciplinary reasons taken by the department, agency, institution, commission, 22
or bureau. If the disciplinary action was a dismissal, bureau, a copy of the 23
written notice of the final decision of the head of the department setting forth 24
the specific acts or omissions that are the basis of the dismissal. 25
(12) The office or station to which the employee is currently assigned. 26
… 27
(f) Nothing in this section shall be construed to authorize the disclosure of any 28
confidential information protected by the Health Insurance Portability and Accountability Act of 29
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (A DA), 104 Stat. 30
327, or other applicable law. 31
(g) The following shall apply to the general descriptions as required by subdivision 32
(a)(10) of this section: 33
(1) No general description shall disclose information otherwise prohibited from 34
disclosure by an appl icable law but shall be listed as "description of action 35
prohibited by applicable law." 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 299-First Edition
(2) The general description for each promotion, demotion, transfer, suspension, 1
separation, or dismissal shall become part of the record maintained under 2
subsection (a) of this section upon the later of the expiration of the time period 3
to file an appeal under any applicable administrative appeals process or a final 4
decision being entered in that administrative appeals process." 5
SECTION 1.(b) G.S. 126-22(b) reads as rewritten: 6
"(b) For purposes of this Article the following definitions apply: 7
(1) "Employee" means any current State employee, former State employee, or 8
applicant for State employment.employment subject to this Article. 9
(2) "Employer" means any State department, university, division, bureau, 10
commission, council, or other agency subject to Article 7 of this Chapter.this 11
Article. The term "university" shall include all of the following, as defined in 12
G.S. 116-2: 13
a. The Board. 14
b. The Board of Trustees. 15
c. Chancellor. 16
d. Constituent institutions. 17
e. The President. 18
…." 19
SECTION 2. G.S. 115C-320 reads as rewritten: 20
"§ 115C-320. Certain records open to inspection. 21
(a) Each local board of education shall maintain a record of each of its employees, 22
showing the following information with respect to each employee: 23
… 24
(10) Date Subject to subsection (e) of this section, date and general description of 25
the reasons for each promotion of the following with that local board of 26
education.education: 27
a. Promotion. 28
b. Demotion. 29
c. Transfer. 30
d. Suspension. 31
e. Separation. 32
f. Dismissal. 33
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 34
disciplinary reasons taken by the local board of education. If the disciplinary 35
action was a dismissal, education, a copy of the written notice of the final 36
decision of the local board education setting forth the specific acts or 37
omissions that are the basis of the dismissal. 38
(12) The office or station to which the employee is currently assigned. 39
… 40
(d) Nothing in this section shall be construed to authorize the disclosure of any 41
confidential information protected by the Health Insurance Portability and Accountability Act of 42
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 43
327, or other applicable law. 44
(e) The following shall apply to the general descriptions as required by subdivision 45
(a)(10) of this section: 46
(1) No general description shall disclose information otherwise prohibited from 47
disclosure by an applicable law but shall be listed as "description of action 48
prohibited by applicable law." 49
(2) The general description for each promotion, demotion, transfer, su spension, 50
separation, or dismissal shall become part of the record maintained under 51
General Assembly Of North Carolina Session 2025
Senate Bill 299-First Edition Page 3
subsection (a) of this section upon the later of the expiration of the time period 1
to file an appeal under any applicable administrative appeals process or a final 2
decision being entered in that administrative appeals process." 3
SECTION 3. G.S. 115D-28 reads as rewritten: 4
"§ 115D-28. Certain records open to inspection. 5
(a) Each board of trustees shall maintain a record of each of its employees, showing the 6
following information with respect to each employee: 7
… 8
(10) Date Subject to subsection (e) of this section, date and general description of 9
the reasons for each promotion of the following with that community 10
college.college: 11
a. Promotion. 12
b. Demotion. 13
c. Transfer. 14
d. Suspension. 15
e. Separation. 16
f. Dismissal. 17
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 18
disciplinary reasons taken by the community college. If the disciplinary action 19
was a dismissal, college, a copy of the written notice of the final decision of 20
the board of trustees setting forth the specific acts or omissions that are the 21
basis of the dismissal. 22
(12) The office or station to which the employee is currently assigned. 23
… 24
(d) Nothing in this section shall be construed to authorize the disclosure of any 25
confidential information protected by the Health Insurance Portability and Accountability Act of 26
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 27
327, or other applicable law. 28
(e) The following shall apply to the general descriptions as required by subdivision 29
(a)(10) of this section: 30
(1) No general description shall disclose information otherwise prohibited from 31
disclosure by an applicable law but shall be listed as "description of action 32
prohibited by applicable law." 33
(2) The general description for each promotion, demotion, transfer, suspension, 34
separation, or dismissal shall become part of the record maintained under 35
subsection (a) of this section upon the later of the expiration of the time period 36
to file an appeal under any applicable administrative appeals process or a final 37
decision being entered in that administrative appeals process." 38
SECTION 4. G.S. 122C-158 reads as rewritten: 39
"§ 122C-158. Privacy of personnel records. 40
… 41
(b) The following information with respect to each employee is a matter of public record: 42
… 43
(10) Date Subject to subsection (j) of this section, date and general description of 44
the reasons for each promotion of the following with that area 45
authority.authority: 46
a. Promotion. 47
b. Demotion. 48
c. Transfer. 49
d. Suspension. 50
e. Separation. 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 299-First Edition
f. Dismissal. 1
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 2
disciplinary reasons taken by the area authority. If the disciplinary action was 3
a dismissal, authority, a copy of the written notice of the final decision of the 4
area authority setting forth the specific acts or omissions that are the basis of 5
the dismissal. 6
(12) The office or station to which the employee is currently assigned. 7
… 8
(i) Nothing in this section shall be construed to authorize the disclosure of any 9
confidential information protected by the Health Insurance Portability and Accountability Act of 10
1996 (HIPAA), 110 Stat. 1936, the Amer icans with Disabilities Act of 1990 (ADA), 104 Stat. 11
327, or other applicable law. 12
(j) The following shall apply to the general descriptions as required by subdivision 13
(b)(10) of this section: 14
(1) No general description shall disclose information otherwise prohibited from 15
disclosure by an applicable law but shall be listed as "description of action 16
prohibited by applicable law." 17
(2) The general description for each promotion, demotion, transfer, suspension, 18
separation, or dismissal shall become part of the record maintained under 19
subsection (b) of this section upon the later of the expiration of the time period 20
to file an appeal under any applicable administrative appeals process or a final 21
decision being entered in that administrative appeals process." 22
SECTION 5. G.S. 130A-45.9 reads as rewritten: 23
"§ 130A-45.9. Confidentiality of personnel information. 24
… 25
(b) The following information with respect to each employee of a public health authority 26
is a matter of public record: 27
(1) name; Name. 28
(2) age; Age. 29
(3) date Date of original employment or appointment; appointment. 30
(4) beginning Beginning and ending dates, dates. 31
(5) position title, Current position and title. 32
(6) position descriptions, Position description. 33
(7) Current salary and total compensation of current and former positions; 34
positions. For the purposes of this subdivision, the term "total compensation" 35
includes pay, benefits, incentives, bonuses, and deferred and all other forms 36
of compensation paid by the employing entity. 37
(8) the The terms of any contract by which the employee is employed whether 38
written or oral, past and current, to the extent that the authority has the written 39
contract or a record of the oral contract in its possession, possession. 40
(9) and date Date and type of the most recent each promotion, demotion, transfer, 41
suspension, separation, or other change in position classification. 42
(10) Subject to subsection ( e) of this section, date and general description of the 43
reasons for each of the following with that public health authority: 44
a. Promotion. 45
b. Demotion. 46
c. Transfer. 47
d. Suspension. 48
e. Separation. 49
f. Dismissal. 50
General Assembly Of North Carolina Session 2025
Senate Bill 299-First Edition Page 5
(11) For each dismissal for disciplinary reasons taken by the public health 1
authority, a copy of the written notice of the final decision of the public health 2
authority setting forth the specific acts or omissions that are the basis of the 3
dismissal. 4
(12) The office or station to which the employee is currently assigned. 5
(13) In addition, the following information with respect to each licensed medical 6
provider employed by or having privileges to practice in a public health 7
facility shall be a matter of public record: educational history and 8
qualifications, date and jurisdiction or original and current licensure; and 9
information relating to medical board certifications or other qualifications of 10
medical specialists. For the purposes of this subsection, the term "total 11
compensation" includes pay, benefits, incentives, bonuses, and de ferred and 12
all other forms of compensation paid by the employing entity. 13
… 14
(d) Nothing in this section shall be construed to authorize the disclosure of any 15
confidential information protected by the Health Insurance Portability and Accountability Act of 16
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 17
327, or other applicable law. 18
(e) The following shall apply to the general descriptions as required by subdivision 19
(b)(10) of this section: 20
(1) No general description shall disclose information otherwise prohibited from 21
disclosure by an applicable law but shall be listed as "description of action 22
prohibited by applicable law." 23
(2) The general description for each promotion, demotion, transfer, sus pension, 24
separation, or dismissal shall become part of the record maintained under 25
subsection (b) of this section upon the later of the expiration of the time period 26
to file an appeal under any applicable administrative appeals process or a final 27
decision being entered in that administrative appeals process." 28
SECTION 6. G.S. 131E-257.2 reads as rewritten: 29
"§ 131E-257.2. Privacy of employee personnel records. 30
… 31
(b) The following information with respect to each public hospital employee is a matter 32
of public record: 33
(1) Name. 34
(2) Age. 35
(3) Date of original employment. 36
(4) Current position title. 37
(5) Date of the most recent and type for each promotion, demotion, transfer, 38
suspension, separation or other change in position classification. 39
(6) The office to which the employee is currently assigned. 40
(7) Subject to subsection ( j) of this section, date and general description of the 41
reasons for each of the following with that public hospital: 42
a. Promotion. 43
b. Demotion. 44
c. Transfer. 45
d. Suspension. 46
e. Separation. 47
f. Dismissal. 48
(8) For each dismissal for disciplinary reasons taken by the public hospital, a copy 49
of the written notice of the final decision of the public hospital setting forth 50
the specific acts or omissions that are the basis of the dismissal. 51
General Assembly Of North Carolina Session 2025
Page 6 Senate Bill 299-First Edition
(9) In addition, the following information with respect to For each licensed 1
medical provider employed by or having privileges to practice in a public 2
hospital shall be a matter of public record: hospital, the following information: 3
educational history and qualif ications, date and jurisdiction or original and 4
current licensure; and information relating to medical board certifications or 5
other qualifications of medical specialists. 6
… 7
(i) Nothing in this section shall be construed to authorize the disclosure of any 8
confidential information protected by the Health Insurance Portability and Accountability Act of 9
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 10
327, or other applicable law. 11
(j) The following shall apply to the general descriptions as required by subdivision (b)(7) 12
of this section: 13
(1) No general description shall disclose information otherwise prohibited from 14
disclosure by an applicable law but shall be listed as "description of action 15
prohibited by applicable law." 16
(2) The general description for each promotion, demotion, transfer, suspension, 17
separation, or dismissal shall become part of the record maintained under 18
subsection (b) of this section upon the later of the expiration of the time period 19
to file an appeal under any applicable administrative appeals process or a final 20
decision being entered in that administrative appeals process." 21
SECTION 7.(a) G.S. 153A-98 reads as rewritten: 22
"§ 153A-98. Privacy of employee personnel records. 23
… 24
(a1) This section shall apply to all employees subject to G.S. 153A-103. 25
(b) The following information with respect to each county employee is a matter of public 26
record: 27
… 28
(10) Date Subject to subsection (h) of this section, date and general description of 29
the reasons for each promotion of the following with that county.county: 30
a. Promotion. 31
b. Demotion. 32
c. Transfer. 33
d. Suspension. 34
e. Separation. 35
f. Dismissal. 36
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 37
disciplinary reasons taken by the county. If the disciplinary action was a 38
dismissal, county, a copy of the written notice of the final decision of the 39
county setting forth the specific acts or omissions that are the basis of the 40
dismissal. 41
(12) The office to which the employee is currently assigned. 42
… 43
(g) Nothing in this section shall be construed to authorize the disclosure of any 44
confidential information protected by the Health Insurance Portability and Accountability Act of 45
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 46
327, or other applicable law. 47
(h) The following shall apply to the general descriptions as required by subdivision 48
(b)(10) of this section: 49
General Assembly Of North Carolina Session 2025
Senate Bill 299-First Edition Page 7
(1) No general description shall disclose inform ation otherwise prohibited from 1
disclosure by an applicable law but shall be listed as "description of action 2
prohibited by applicable law." 3
(2) The general description for each promotion, demotion, transfer, suspension, 4
separation, or dismissal shall beco me part of the record maintained under 5
subsection (b) of this section upon the later of the expiration of the time period 6
to file an appeal under any applicable administrative appeals process or a final 7
decision being entered in that administrative appeals process." 8
SECTION 7.(b) G.S. 153A-99(b) reads as rewritten: 9
"(b) Definitions. For the purposes of this section: 10
(1) "County employee" or "employee" means any person employed by a county 11
or any department or program thereof that is supported, in whole or in part, by 12
county funds;funds but shall not include employees subject to G.S. 153A-103; 13
(2) "On duty" means that time period when an employee is engaged in the duties 14
of his or her employment; and 15
(3) "Workplace" means any place where an employee engages in his or her job 16
duties." 17
SECTION 8. G.S. 160A-168 reads as rewritten: 18
"§ 160A-168. Privacy of employee personnel records. 19
… 20
(b) The following information with respect to each city employee is a matter of public 21
record: 22
… 23
(10) Date Subject to subsection (h) of this section, date and general description of 24
the reasons for each promotion of the following with that 25
municipality.municipality: 26
a. Promotion. 27
b. Demotion. 28
c. Transfer. 29
d. Suspension. 30
e. Separation. 31
f. Dismissal. 32
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 33
disciplinary reasons taken by the municipality. If the disciplinary action was 34
a dismissal, municipality, a copy of the written notice of the final decision of 35
the municipality setting forth the specific acts or omissions that are the basis 36
of the dismissal. 37
(12) The office to which the employee is currently assigned. 38
… 39
(g) Nothing in this section shall be construed to authorize the disclosure of any 40
confidential information protected by the Health Insurance Portability and Accountability Act of 41
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 42
327, or other applicable law. 43
(h) The following shall apply to the general descriptions as required by subdivision 44
(b)(10) of this section: 45
(1) No general description shall disclose information otherwise prohibited from 46
disclosure by an applicable law but shall be listed as "description of action 47
prohibited by applicable law." 48
(2) The general description for each promotion, demotion, transfer, sus pension, 49
separation, or dismissal shall become part of the record maintained under 50
subsection (b) of this section upon the later of the expiration of the time period 51
General Assembly Of North Carolina Session 2025
Page 8 Senate Bill 299-First Edition
to file an appeal under any applicable administrative appeals process or a final 1
decision being entered in that administrative appeals process." 2
SECTION 9. G.S. 162A-6.1 reads as rewritten: 3
"§ 162A-6.1. Privacy of employee personnel records. 4
… 5
(b) The following information with respect to each authority employee is a matter of 6
public record: 7
… 8
(10) Date Subject to subsection (j) of this section, date and general description of 9
the reasons for each promotion of the following with that authority.authority: 10
a. Promotion. 11
b. Demotion. 12
c. Transfer. 13
d. Suspension. 14
e. Separation. 15
f. Dismissal. 16
(11) Date and type of For each dismissal, suspension, or demotion dismissal for 17
disciplinary reasons taken by the authority. If the disciplinary action was a 18
dismissal, authority, a copy of the written notice of the final decision of the 19
authority setting forth the specific acts or omissions that are the basis of the 20
dismissal. 21
(12) The office to which the employee is currently assigned. 22
… 23
(i) Nothing in this section shall be construed to authorize the disclosure of any 24
confidential information protected by the Health Insurance Portability and Accountability Act of 25
1996 (HIPAA), 110 Stat. 1936, the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 26
327, or other applicable law. 27
(j) The following shall apply to the general descriptions as required by subdivision 28
(b)(10) of this section: 29
(1) No general description shall disclose information otherwise prohibited from 30
disclosure by an applicable law but shall be listed as "description of action 31
prohibited by applicable law." 32
(2) The general description fo r each promotion, demotion, transfer, suspension, 33
separation, or dismissal shall become part of the record maintained under 34
subsection (b) of this section upon the later of the expiration of the time period 35
to file an appeal under any applicable administrative appeals process or a final 36
decision being entered in that administrative appeals process." 37
SECTION 10.(a) No later than November 30, 2025, each employer affected by this 38
act shall adopt personnel policies to effectuate this act to permit all of its employees to challenge 39
the wording of the general description of any promotion, demotion, transfer, suspension, 40
separation, or dismissal occurring on or after December 1, 2025. 41
SECTION 10.(b) This section is effective when it becomes law. 42
SECTION 11. Except as otherwise provided, this act becomes effective December 43
1, 2025, and applies to promotions, demotions, transfers, suspensions, separations, and dismissals 44
occurring on or after that date. 45