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SB 299

AN ACT RELATING TO CRIMINAL OFFENSES -- CUSTODIAL LAW ENFORCEMENT SEXUAL PENETRATION

2025 Regular Session Introduced by Jonathon Acosta and 9 co-sponsors

The bill would expand public access to personnel records, including promotions, demotions, transfers, and disciplinary dismissals, for state and certain public entities.

02/25/2025 Committee recommended measure be held for further study
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Bill Summary · SB 299

SB 299 — Government Transparency Act of 2025

Status: Withdrawn from Committee
Introduced: February 10, 2025
Classification: Bill

Purpose

SB 299 (Government Transparency Act of 2025) would expand public access to certain personnel records held by State agencies and several public institutions (K–12 local boards of education, community colleges, and area mental health authorities). The stated intent is to increase government transparency by making disciplinary actions and personnel changes more accessible to the public.

Key provisions

  • Requires each State department, agency, institution, commission, bureau, local board of education, community college board of trustees, and area authority to maintain employee records that include:
    • Dates and a general description of the reasons for promotions, demotions, transfers, suspensions, separations, and dismissals.
    • For any disciplinary dismissal, a copy of the written notice of the final decision by the employing authority that sets forth the specific acts or omissions forming the basis for the dismissal.
  • Defines when the “general description” becomes public: it is to be included in the public record upon the later of (a) expiration of the period to file an administrative appeal, or (b) entry of a final decision in the applicable administrative appeals process.
  • Expands the statutory definitions in the covered records context so that “employee” can include current employees, former employees, and applicants; clarifies the meaning of “employer” for covered entities.
  • Preserves confidentiality required by other laws: nothing in the bill authorizes disclosure of information protected by HIPAA, the ADA, or other applicable laws.
  • Cross-references and amends multiple North Carolina statutes governing public-record access for State agencies (G.S. 126-23), public school employee records (G.S. 115C-320), community colleges (G.S. 115D-28), and area authority personnel records (G.S. 122C-158), aligning their personnel‑record disclosure rules.

Who would be affected

  • State agencies and institutions, local school boards, community colleges, and area mental-health authorities — as record holders and data publishers.
  • Current and former public employees and applicants — whose personnel actions and, in some cases, disciplinary dismissal notices would become publicly available under the bill’s timing rules.
  • Members of the public, media, and researchers — who would gain easier access to records about personnel actions and dismissals.

Privacy limits and safeguards

  • The bill preserves statutory privacy protections; it does not authorize disclosure of information expressly protected under HIPAA, ADA, or other applicable laws.
  • The “general description” required is limited in scope (not necessarily a full investigative file), and public release is delayed until appeal processes conclude or final administrative decisions are issued.

Procedural / timeline notes

  • Introduced February 10, 2025.
  • According to the provided status, SB 299 was withdrawn from committee (no enactment).
  • If enacted, many disclosure changes would take effect as statutory amendments to the cited code sections; the bill also stages public release to respect ongoing administrative appeal processes.

Potential impacts (summary)

  • Transparency: greater public visibility into personnel decisions and disciplinary dismissals for covered public employers.
  • Administrative burden: agencies would need processes to compile, redact where appropriate, and publish new categories of records; timing and appeal‑related release triggers add procedural steps.
  • Privacy and legal risk: tension between transparency and employee privacy; agencies must continue to withhold information protected by other statutes (HIPAA, ADA) and be careful in redactions to avoid unlawful disclosures.
  • Behavior effects: could influence how agencies document and litigate personnel actions, and may affect employees’ willingness to apply for or remain in public positions.

For organizations tracking this measure: confirm the bill number and jurisdiction before relying on this summary (multiple states use “SB 299” for unrelated measures). This summary reflects the North Carolina “Government Transparency Act of 2025” provisions as provided.

Compiled from official sources — confirm details with the bill’s official record.

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