GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 438

Short Title:  Confidential Info. Protected.	(Public)
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Sponsors: Senator Walker.
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Referred to:  Judiciary II.
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO ALLOW THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES TO PROTECT CERTAIN CONFIDENTIAL INFORMATION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 104E of the General Statutes is amended by adding a new section to read:
"§ 104E-29.  Confidential information protected.
(a)	The following information received or prepared by the Department in the course of carrying out its duties and responsibilities under this Chapter is confidential information and shall not be subject to disclosure under G.S. 132-6:
(1)	Information which the Department determines is entitled to confidential treatment as business information, including but not limited to trade secrets or commercial or financial information.  The Department shall not make a determination that information is entitled to confidential treatment under this subdivision unless the person submitting the information specifically requests that the Department make such determination.
(2)	Information requested from or provided by a federal or State agency under a claim of confidentiality.
(3)	Information compiled in anticipation of enforcement or criminal proceedings, but only to the extent disclosure could reasonably be expected to interfere with the institution of such proceedings.
(b)	Confidential information may be disclosed to officers, employees, or authorized representatives of federal or State agencies if such disclosure is necessary to carry out a proper function of the Department or the requesting agency or when relevant in any proceeding under this Chapter.
(c)	Except as provided in subsection (b) of this section or as otherwise provided by law, any officer or employee of the Department who knowingly discloses information designated as confidential under this section shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than two years or both and shall be removed from office or discharged from employment.
(d)	As used in this section, the term ‘trade secret' has the same meaning as in G.S. 66-152."
Sec. 2.  G.S. 130A-304 reads as rewritten:
"§ 130A-304. Confidential information protected.
(a)	The following information received or prepared by the Department in the course of carrying out its duties and responsibilities under this Article is confidential information and shall not be subject to disclosure under G.S. 132-6:
(1)	Information which the Department determines is entitled to confidential treatment as business information, including but not limited to trade secrets or commercial or financial information.  The Department shall not make a determination that information is entitled to confidential treatment under this subdivision unless the person submitting the information specifically requests that the Department make such determination.
(2)	Information requested from or provided by a federal or State agency under a claim of confidentiality.
(3)	Information compiled in anticipation of enforcement or criminal proceedings, but only to the extent disclosure could reasonably be expected to interfere with the institution of such proceedings.
(b)	Confidential information may be disclosed to officers, employees, or authorized representatives of federal or State agencies if such disclosure is necessary to carry out a proper function of the Department or the requesting agency or when relevant in any proceeding under this Chapter. 
(c)	Except as provided in subsection (b) of this section or as otherwise provided by law, any officer or employee of the Department who knowingly discloses information designated as confidential under this section shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than two years or both and shall be removed from office or discharged from employment.
(d)	As used in this section, the term ‘trade secret' has the same meaning as in G.S. 66-152."
Sec. 3.  This act is effective upon ratification.