GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 15
Judiciary II Committee Substitute Adopted 4/25/01

Short Title:	Penalties/Unauth. Disclosure Employee Info.	()	
Sponsors:	     	
Referred to:	     	
January 29, 2001

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE PENALTY FOR THE MISUSE OF CONFIDENTIAL PERSONNEL INFORMATION BY A LEGISLATOR AND TO CREATE A CRIMINAL PENALTY FOR THE UNAUTHORIZED DISCLOSURE OF PUBLIC SCHOOL AND COMMUNITY COLLEGE EMPLOYEES' CONFIDENTIAL PERSONNEL INFORMATION.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 126‑27 reads as rewritten:
"§ 126‑27.  Penalty for permitting access to confidential file by unauthorized person.
(a)	Any public official or employee who shall knowingly and willfully permit any person not authorized under G.S. 126-24 to have access to or custody or possession of any portion of a personnel file designated as confidential by this  Article shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00).
(b)	Any member of the General Assembly who violates subsection (a) of this section with the intent to harass or intimidate a State employee shall be guilty of a Class A1 misdemeanor."
SECTION 2.  Article 21A of Chapter 115C of the General Statutes is amended to add a new section to read:
"§ 115C-322.  Penalty for permitting access to confidential file by unauthorized person.
(a)	Any public official or employee who shall knowingly and willfully permit any person not authorized under G.S. 115C-321 to have access to or custody or possession of any portion of a personnel file designated as confidential by this Article shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00).
(b)	Any member of the General Assembly who violates subsection (a) of this section with the intent to harass or intimidate a public school employee shall be guilty of a Class A1 misdemeanor."
SECTION 3.  Article 2A of Chapter 115D of the General Statutes is amended to add a new section to read:
"§ 115D-30.1. Penalty for permitting access to confidential file by unauthorized person.
(a)	Any public official or employee who shall knowingly and willfully permit any person not authorized under G.S. 115D-29 to have access to or custody or possession of any portion of a personnel file designated as confidential by this Article shall be guilty of a Class 3 misdemeanor and upon conviction shall only be fined in the discretion of the court but not in excess of five hundred dollars ($500.00).
(b)	Any member of the General Assembly who violates subsection (a) of this section with the intent to harass or intimidate a community college employee shall be guilty of a Class A1 misdemeanor."
SECTION 4.  This act becomes effective December 1, 2001, and applies to offenses committed on and after that date.