|
23 -,Al,935
<br />EXHIBIT B TO COMPANY PERFORMANCE AGMEMENT
<br />Provisions of N.C. General Statutes Addressing Public Records, Confidential Information, and Economic Development Projects
<br />§ 132 -1. "Public records" defined
<br />(a) "Public tecuid" or - public tecuNs` shall mean all ducwnenls,
<br />papers, letters. maps. books, photographs, films, sound recordings,
<br />magnetic or other tapes, electronic data - processing records, artifacts, or
<br />other documentary material, regardless of physical form or
<br />characteristics, made or received pursuant to law or ordinance in
<br />connection with the transaction of public business by any agency of
<br />Nonh Carolina government or its subdivisions. Agency of North Carolina
<br />government or its subdivisions shall mean and include every public
<br />office, public officer or official (Stale or local, elected or appointed).
<br />Institution, board, commission, bureau, council, cepanment, authority or
<br />other unit of government of the State or of any county, unit, special
<br />district or other political subdivision of government.
<br />(b) The public records and public information compiled by the
<br />agencies of Nodh Carolina government or its subdivisions are the
<br />property of the people...
<br />§ 132 -1.1. State tax information
<br />to) State and Local Tax Information. — Tax information may
<br />not be disclosed except as provided in G.S. 105 -259. As used in this
<br />subsection, "tax information' has the same meaning as in G.S. 105 -259.
<br />Local lax records that contain information about a taxpayer's income or
<br />receipts may not be disclosed except as provided in G.S. 153A -148.1
<br />and G.S. 160A- 208.1.
<br />§ 132 -1.2. Confidential information.
<br />Nothing in this Chapter shall be construed to require or authorize a
<br />public agency or its subdivision to disclose any information that:
<br />(1) Meets all of the following conditions:
<br />a. Constitutes a "trade secret" as defined in G.S. 66- 152(3).
<br />b. Is the property of a private "person' as defined in G.S.
<br />56- 152(2).
<br />c. Is disclosed or furnished to the public agency in connection
<br />with the owners performance of a public contract or in
<br />connection with a bid. application. proposal, industrial
<br />development project, or in compliance with laws
<br />regulations. rules, or ordinances of the United States, the
<br />State, or political subdivisions of the State.
<br />d. Is designated or indicated as "confidential" or as a "trade
<br />secret" at the time of its initial disclosure to the public
<br />agency.
<br />§ 66 -152. Definitions (Trade Secrets Protection Act)
<br />As used in this Article, unless the context requires otherwise:
<br />(2) "Person" means an individual corporation, government,
<br />governmental subdivision or agency, business trust. estate, trust.
<br />partnership, association, joint venture, or any other legal or
<br />commercial entity.
<br />l3) "Race secret means business or technical information. Including
<br />but not limited to a formula, pattern, program. device, compilation
<br />of information, method, technique, or process that:
<br />a. Derives independent actual or potential commercial value
<br />from not being generally known or readily ascertainable
<br />through independent development or reverse engineering
<br />by persons who can obtain economic value from its
<br />disclosure or use; and
<br />b. Is the subject of edons that are reasonable under the
<br />circumstances to maintain its secrecy.
<br />The existence of a trade secret shall not be negated merely
<br />because the information comprising the trade secret has also been
<br />developed, used, or owned independently by more than one person, or
<br />licensed to other persons.
<br />§ 132 -1.8. Economic development incentives
<br />(a) Assumptions and Melhodelogles. - Subject to the
<br />movisions of this Chapter regarding confidential information and the
<br />withholding of public records relating to the proposed expansion or
<br />location of specific business or industrial projects when the release of
<br />[hose records v,cold husuate the purpose for which they were created,
<br />whenever a public agency or its subdivision performs a cost - benefit
<br />analysis or similar assessment with respect to economic development
<br />incentives offered to a specific business or industrial project, the agency
<br />or its subdivision must describe in detail the assumptions and
<br />methodologies used in completing the analysis or assessment. This
<br />description is a public record and is subject to all provisions of this
<br />Chapter and other law regarding public records.
<br />(b) Disclosure of Public Records Requirements — Whenever
<br />an agency or its subdivision first proposes, negotiates, or accepts an
<br />application for economic development incentives with respect to a
<br />specific industrial or business project, the agency or subdivision must
<br />disclose that any information obtained by the agency or subdivision is
<br />subject to laws regarding disclosure of public records. In addition, the
<br />agency or subdivision must fully and accurately describe the instances in
<br />which confidential information may be withheld from disclosure. the types
<br />of information that qualify as confidential information, and the methods
<br />for ensuring that confidential information is not disclosed."
<br />§ 132 -6. Inspection and examination of records
<br />(a) Every custodian of public records shall permit any record in
<br />the custodian's custody to be Inspected and examined at reasonable
<br />times and under reasonable supervision by any person, and shall, as
<br />promptly as possible, furnish copies thereof upon payment of any fees as
<br />may be prescribed by law.. .
<br />(c) No request to inspect, examine, or obtain copies of public
<br />records shall be denied on the grounds that confidential information is
<br />commingled with the requested nonconfidential information. It it is
<br />necessary to separate confidential from nonconfidential information in
<br />order to permit the inspection, examination, or copying of the public
<br />records, the public agency shall bear the cost of such separation. --
<br />(d) Notwithstanding the provisions of subsections (a) and (b) of
<br />this section, public records relating to the proposed expansion or location
<br />of specific business or industrial projects may be withheld so long as
<br />their inspection, examination or copying would frustrate the purpose for
<br />which such public records were created; provided, however, that nothing
<br />herein shall be construed to permit the withholding of public records
<br />relating to general economic development policies or activities.
<br />Once the State, a local government, or the specific business has
<br />announced a commitment by the business to expand or locate a specific
<br />project in this State or a final decision not to do so and the business has
<br />communicated that commitment or decision to the State or local
<br />government agency involved with the project, the provisions of this
<br />subsection allowing public records to be withheld by the agency no
<br />longer apply.
<br />Once the provisions of this subsection no longer apply, the agency
<br />shall disclose as soon as practicable, and within 25 business days,
<br />public records requested for the announced project that are not
<br />otherwise made confidential by law.
<br />An announcement that a business or industrial project has
<br />committed to expand or locate in the Slate shall not require disclosure of
<br />local government records relating to the project if the business has not
<br />selected a specific location within the State for the project. Once a
<br />specific location for the project has been determined, local government
<br />records must be disclosed. upon request, in accordance with the
<br />provisions of this section. For purposes of this section. "local government
<br />records" include records maintained by the State that relate to a local
<br />government's efforts to attract the project."
<br />§ 132 -9. Access to records
<br />(b) In an action to compel disclosure of public records which
<br />have been withheld pursuant to the provisions of G.S. 132 -6 concerning
<br />public records relating to the proposed expansion or location of particular
<br />businesses and industrial projects, the burden shall be on the custodian
<br />withholding the records to Show that disclosure would frustrate the
<br />purpose of attracting that particular business or industrial project.
<br />
|