North Carolina State Laws on Optical Images

State Archivist and Records Manager:

Jeffrey J. Crow, Director Div. of Archives & History

109 E. Jones St., Raleigh NC 27601-2807

919-733-7305 fax: 919-733-8807

State Archivist & Records Administrator

919-733-3952 fax: 919-733-1354

Larry Misenheimer, Deputy Ddirector

Acting State Electronic Records Officer

e-mail: lmisenheimer@ncsl.dcr.state.nc.us

North Carolina

State Public Records Law

North Carolina General Statutes

Chapter 132.

Public Records.

Last amended July 10, 1995

Effective October 1, 1995

Contents

Section Title

132-1.

"Public records" defined.

132-1.1.

Confidential communications by legal counsel to public board or

agency; State tax information.

132-1.2.

Confidential information.

132-1.3.

Settlements made by or on behalf of public agencies, public officials,

or public employees; public records.

132-1.4.

Criminal investigations; intelligence information records.

132-2.

Custodian designated.

132-3.

Destruction of records regulated.

132-4.

Disposition of records at end of official's term.

132-5.

Demanding custody.

132-5.1.

Regaining custody; civil remedies.

132-6.

Inspection and examination of records.

132-6.1.

Electronic data-processing records.

132-6.2.

Provisions for copies of public records; fees.

132-7.

Keeping records in safe places; copying or repairing; certified

copies.

132-8.

Assistance by and to Department of Cultural Resources.

132-8.1.

Records management program administered by Department of Cultural

Resources; establishment of standards, procedures, etc.; surveys.

132-8.2.

Selection and preservation of records considered essential; making or

designation of preservation duplicates; force and effect of duplicates

or copies thereof.

132-9.

Access to records.

132-10.

Qualified exception for geographical information systems.

§ 132-1. "Public records" defined.

(a) "Public record" or "public records" shall mean all documents,

papers, letters, maps, books, photographs, films, sound recordings,

magnetic or other tapes, electronic data-processing records,

artifacts, or other documentary material, regardless of physical form

or characteristics, made or received pursuant to law or ordinance in

connection with the transaction of public business by any agency of

North Carolina government or its subdivisions. Agency of North

Carolina government or its subdivisions shall mean and include every

public office, public officer or official (State or local, elected or

appointed), institution, board, commission, bureau, council,

department, authority or other unit of government of the State or of

any county, unit, special district or other political subdivision of

government.

(b) The public records and public information compiled by the agencies

of North Carolina government or its subdivisions are the property of

the people. Therefore, it is the policy of this State that the people

may obtain copies of their public records and public information free

or at minimal cost unless otherwise specifically provided by law. As

used herein, "minimal cost" shall mean the actual cost of reproducing

the public record or public information.

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§ 132-1.1. Confidential communications by legal counsel to public board or

agency; State tax information.

(a) Confidential Communications. - Public records, as defined in G.S.

132-1, shall not include written communications (and copies thereof)

to any public board, council, commission or other governmental body of

the State or of any county, municipality or other political

subdivision or unit of government, made within the scope of the

attorney-client relationship by any attorney-at-law serving any such

governmental body, concerning any claim against or on behalf of the

governmental body or the governmental entity for which such body acts,

or concerning the prosecution, defense, settlement or litigation of

any judicial action, or any administrative or other type of proceeding

to which the governmental body is a party or by which it is or may be

directly affected. Such written communication and copies thereof shall

not be open to public inspection, examination or copying unless

specifically made public by the governmental body receiving such

written communications; provided, however, that such written

communications and copies thereof shall become public records as

defined in G.S. 132-1 three years from the date such communication was

received by such public board, council, commission or other

governmental body.

(b) State Tax Information. - Tax information may not be disclosed

except as provided in G.S. 105-259, 153A-148.1, and 160A-208.1. As

used in this subsection, "tax information" has the same meaning as in

G.S. 105-259.

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§ 132-1.2. Confidential information.

Nothing in this Article shall be construed to require or authorize a

public agency to disclose any information which:

(1) Constitutes a "trade secret" as defined in G.S. 66-152(3);

(2) Is the property of a private "person" as defined in G.S.

66-152(2);

(3) Is disclosed or furnished to the public agency in connection

with the owner's performance of a public contract or in

connection with a bid, application, proposal, industrial

development project, or in compliance with laws, regulations,

rules, or ordinances of the United States, the State, or

political subdivisions of the State; and

(4) Is designated or indicated as "confidential" or as a "trade

secret" at the time of its initial disclosure to the public

agency.

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§ 132-1.3. Settlements made by or on behalf of public agencies, public

officials, or public employees; public records.

(a) Public records, as defined in G.S. 132-1, shall include all

settlement documents in any suit, administrative proceeding or

arbitration instituted against any agency of North Carolina government

or its subdivisions, as defined in G.S. 132-1, in connection with or

arising out of such agency's official actions, duties or

responsibilities, except in an action for medical malpractice against

a hospital facility. No agency of North Carolina government or its

subdivisions, nor any counsel, insurance company or other

representative acting on behalf of such agency, shall approve, accept

or enter into any settlement of any such suit, arbitration or

proceeding if the settlement provides that its terms and conditions

shall be confidential, except in an action for medical malpractice

against a hospital facility. No settlement document sealed under

subsection (b) of this section shall be open for public inspection.

(b) No judge, administrative judge or administrative hearing officer

of this State, nor any board or commission, nor any arbitrator

appointed pursuant to the laws of North Carolina, shall order or

permit the sealing of any settlement document in any proceeding

described herein except on the basis of a written order concluding

that (1) the presumption of openness is overcome by an overriding

interest and (2) that such overriding interest cannot be protected by

any measure short of sealing the settlement. Such order shall

articulate the overriding interest and shall include findings of fact

that are sufficiently specific to permit a reviewing court to

determine whether the order was proper.

132-1.1, the term "settlement documents," as used herein, shall

include all documents which reflect, or which are made or utilized in

connection with, the terms and conditions upon which any proceedings

described in this section are compromised, settled, terminated or

dismissed, including but not limited to correspondence, settlement

agreements, consent orders, checks, and bank drafts.

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§ 132-1.4. Criminal investigations; intelligence information records.

(a) Records of criminal investigations conducted by public law

enforcement agencies or records of criminal intelligence information

compiled by public law enforcement agencies are not public records as

defined by G.S. 132-1. Records of criminal investigations conducted by

public law enforcement agencies or records of criminal intelligence

information may be released by order of a court of competent

jurisdiction.

(b) As used in this section:

(1) "Records of criminal investigations" means all records or any

information that pertains to a person or group of persons that is

compiled by public law enforcement agencies for the purpose of

attempting to prevent or solve violations of the law, including

information derived from witnesses, laboratory tests,

surveillance, investigators, confidential informants,

photographs, and measurements.

(2) "Records of criminal intelligence information" means records

or information that pertain to a person or group of persons that

is compiled by a public law enforcement agency in an effort to

anticipate, prevent, or monitor possible violations of the law.

(3) "Public law enforcement agency" means a municipal police

department, a county police department, a sheriff's department, a

company police agency commissioned by the Attorney General

pursuant to G.S. 74E-1, et seq., and any State or local agency,

force, department, or unit responsible for investigating,

preventing, or solving violations of the law.

(4) "Violations of the law" means crimes and offenses that are

prosecutable in the criminal courts in this State or the United

States and infractions as defined in G.S. 14-3.1.

(5) "Complaining witness" means an alleged victim or other person

who reports a violation or apparent violation of the law to a

public law enforcement agency.

otherwise prohibited by law, the following information shall be public

records within the meaning of G.S. 132-1.

(1) The time, date, location, and nature of a violation or

apparent violation of the law reported to a public law

enforcement agency.

(2) The name, sex, age, address, employment, and alleged

violation of law of a person arrested, charged, or indicted.

(3) The circumstances surrounding an arrest, including the time

and place of the arrest, whether the arrest involved resistance,

possession or use of weapons, or pursuit, and a description of

any items seized in connection with the arrest.

(4) The contents of "911" and other emergency telephone calls

received by or on behalf of public law enforcement agencies,

except for such contents that reveal the name, address, telephone

number, or other information that may identify the caller,

victim, or witness.

(5) The contents of communications between or among employees of

public law enforcement agencies that are broadcast over the

public airways.

(6) The name, sex, age, and address of a complaining witness.

(d) A public law enforcement agency shall temporarily withhold the

name or address of a complaining witness if release of the information

is reasonably likely to pose a threat to the mental health, physical

health, or personal safety of the complaining witness or materially

compromise a continuing or future criminal investigation or criminal

intelligence operation. Information temporarily withheld under this

subsection shall be made available for release to the public in

accordance with G.S. 132-6 as soon as the circumstances that justify

withholding it cease to exist. Any person denied access to information

withheld under this subsection may apply to a court of competent

jurisdiction for an order compelling disclosure of the information. In

such action, the court shall balance the interests of the public in

disclosure against the interests of the law enforcement agency and the

alleged victim in withholding the information. Actions brought

pursuant to this subsection shall be set down for immediate hearing,

and subsequent proceedings in such actions shall be accorded priority

by the trial and appellate courts.

(e) If a public law enforcement agency believes that release of

information that is a public record under subdivisions (c)(1) through

(c)(5) of this section will jeopardize the right of the State to

prosecute a defendant or the right of a defendant to receive a fair

trial or will undermine an ongoing or future investigation, it may

seek an order from a court of competent jurisdiction to prevent

disclosure of the information. In such action the law enforcement

agency shall have the burden of showing by a preponderance of the

evidence that disclosure of the information in question will

jeopardize the right of the State to prosecute a defendant or the

right of a defendant to receive a fair trial or will undermine an

ongoing or future investigation. Actions brought pursuant to this

subsection shall be set down for immediate hearing, and subsequent

proceedings in such actions shall be accorded priority by the trial

and appellate courts.

(f) Nothing in this section shall be construed as authorizing any

public law enforcement agency to prohibit or prevent another public

agency having custody of a public record from permitting the

inspection, examination, or copying of such public record in

compliance with G.S. 132-6. The use of a public record in connection

with a criminal investigation or the gathering of criminal

intelligence shall not affect its status as a public record.

(g) Disclosure of records of criminal investigations and criminal

intelligence information that have been transmitted to a district

attorney or other attorney authorized to prosecute a violation of law

shall be governed by this section and Chapter 15A of the General

Statutes.

(h) Nothing in this section shall be construed as requiring law

enforcement agencies to disclose the following:

(1) Information that would not be required to be disclosed under

Chapter 15A of the General Statutes; or

(2) Information that is reasonably likely to identify a

confidential informant.

(i) Law enforcement agencies shall not be required to maintain any

tape recordings of "911" or other communications for more than 30 days

from the time of the call, unless a court of competent jurisdiction

orders a portion sealed.

(j) When information that is not a public record under the provisions

of this section is deleted from a document, tape recording, or other

record, the law enforcement agency shall make clear that a deletion

has been made. Nothing in this subsection shall authorize the

destruction of the original record.

(k) The following court records are public records and may be withheld

only when sealed by court order: arrest and search warrants that have

been returned by law enforcement agencies, indictments, criminal

summons, and nontestimonial identification orders.

(l) Records of investigations of alleged child abuse shall be governed

by G.S. 7A-675.

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§ 132-2. Custodian designated.

The public official in charge of an office having public records shall

be the custodian thereof.

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§ 132-3. Destruction of records regulated.

(a) Prohibition. - No public official may destroy, sell, loan, or

otherwise dispose of any public record, except in accordance with G.S.

121-5, without the consent of the Department of Cultural Resources.

Whoever unlawfully removes a public record from the office where it is

usually kept, or alters, defaces, mutilates or destroys it shall be

guilty of a Class 3 misdemeanor and upon conviction only fined not

less than ten dollars ($10.00) nor more than five hundred dollars

($500.00).

(b) Revenue Records. - Notwithstanding subsection (a) of this section

and G.S. 121-5, when a record of the Department of Revenue has been

copied in any manner, the original record may be destroyed upon the

order of the Secretary of Revenue. If a record of the Department of

Revenue has not been copied, the original record shall be preserved

for at least three years. After three years the original record may be

destroyed upon the order of the Secretary of Revenue.

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§ 132-4. Disposition of records at end of official's term.

Whoever has the custody of any public records shall, at the expiration

of his term of office, deliver to his successor, or, if there be none,

to the Department of Cultural Resources, all records, books, writings,

letters and documents kept or received by him in the transaction of

his official business; and any such person who shall refuse or neglect

for the space of 10 days after request made in writing by any citizen

of the State to deliver as herein required such public records to the

person authorized to receive them shall be guilty of a Class 1

misdemeanor.

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§ 132-5. Demanding custody.

Whoever is entitled to the custody of public records shall demand them

from any person having illegal possession of them, who shall forthwith

deliver the same to him. If the person who unlawfully possesses public

records shall without just cause refuse or neglect for 10 days after a

request made in writing by any citizen of the State to deliver such

records to their lawful custodian, he shall be guilty of a Class 1

misdemeanor.

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§ 132-5.1. Regaining custody; civil remedies.

(a) The Secretary of the Department of Cultural Resources or his

designated representative or any public official who is the custodian

of public records which are in the possession of a person or agency

not authorized by the custodian or by law to possess such public

records may petition the superior court in the county in which the

person holding such records resides or in which the materials in

issue, or any part thereof, are located for the return of such public

records. The court may order such public records to be delivered to

the petitioner upon finding that the materials in issue are public

records and that such public records are in the possession of a person

not authorized by the custodian of the public records or by law to

possess such public records. If the order of delivery does not receive

compliance, the petitioner may request that the court enforce such

order through its contempt power and procedures.

(b) At any time after the filing of the petition set out in subsection

(a) or contemporaneous with such filing, the public official seeking

the return of the public records may by ex parte petition request the

judge or the court in which the action was filed to grant one of the

following provisional remedies:

(1) An order directed at the sheriff commanding him to seize the

materials which are the subject of the action and deliver the

same to the court under the circumstances hereinafter set forth;

(2) A preliminary injunction preventing the sale, removal,

disposal or destruction of or damage to such public records

pending a final judgment by the court.

grant a preliminary injunction upon receipt of an affidavit from the

petitioner which alleges that the materials at issue are public

records and that unless one of said provisional remedies is granted,

there is a danger that such materials shall be sold, secreted, removed

out of the State or otherwise disposed of so as not to be forthcoming

to answer the final judgment of the court respecting the same; or that

such property may be destroyed or materially damaged or injured if not

seized or if injunctive relief is not granted.

(d) The aforementioned order of seizure or preliminary injunction

shall issue without notice to the respondent and without the posting

of any bond or other security by the petitioner.

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§ 132-6. Inspection and examination of records.

(a) Every custodian of public records shall permit any record in the

custodian's custody to be inspected and examined at reasonable times

and under reasonable supervision by any person, and shall, as promptly

as possible, furnish copies thereof upon payment of any fees as may be

prescribed by law. As used herein, "custodian" does not mean an agency

that holds the public records of other agencies solely for purposes of

storage or safekeeping or solely to provide data processing.

(b) No person requesting to inspect and examine public records, or to

obtain copies thereof, shall be required to disclose the purpose or

motive for the request.

shall be denied on the grounds that confidential information is

commingled with the requested nonconfidential information. If it is

necessary to separate confidential from nonconfidential information in

order to permit the inspection, examination, or copying of the public

records, the public agency shall bear the cost of such separation on

the following schedule:

State agencies after June 30, 1996;

Municipalities with populations of 10,000 or more, counties with

populations of 25,000 or more, as determined by the 1990 U.S. Census,

and public hospitals in those counties, after June 30, 1997;

Municipalities with populations of less than 10,000, counties with

populations of less than 25,000, as determined by the 1990 U.S.

Census, and public hospitals in those counties, after June 30, 1998;

Political subdivisions and their agencies that are not otherwise

covered by this schedule, after June 30, 1998.

(d) Notwithstanding the provisions of subsections (a) and (b) of this

section, public records relating to the proposed expansion or location

of specific business or industrial projects in the State may be

withheld so long as their inspection, examination or copying would

frustrate the purpose for which such public records were created;

provided, however, that nothing herein shall be construed to permit

the withholding of public records relating to general economic

development policies or activities.

(e) The application of this Chapter is subject to the provisions of

Article 1 of Chapter 121 of the General Statutes, the North Carolina

Archives and History Act.

(f) Notwithstanding the provisions of subsection (a) of this section,

the inspection or copying of any public record which, because of its

age or condition could be damaged during inspection or copying, may be

made subject to reasonable restrictions intended to preserve the

particular record.

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§ 132-6.1. Electronic data-processing records.

(a) After June 30, 1996, no public agency shall purchase, lease,

create, or otherwise acquire any electronic data-processing system for

the storage, manipulation, or retrieval of public records unless it

first determines that the system will not impair or impede the

agency's ability to permit the public inspection and examination, and

to provide electronic copies of such records. Nothing in this

subsection shall be construed to require the retention by the public

agency of obsolete hardware or software.

(b) Every public agency shall create an index of computer databases

compiled or created by a public agency on the following schedule:

(1) State agencies by July 1, 1996;

(2) Municipalities with populations of 10,000 or more, counties

with populations of 25,000 or more, as determined by the 1990

U.S. Census, and public hospitals in those counties, by July 1,

1997;

(3) Municipalities with populations of less than 10,000, counties

with populations of less than 25,000, as determined by the 1990

U.S. Census, and public hospitals in those counties, by July 1,

1998;

(4) Political subdivisions and their agencies that are not

otherwise covered by this schedule, after June 30, 1998.

The index shall be a public record and shall include, at a minimum,

the following information with respect to each database listed

therein: a list of the data fields; a description of the format or

record layout; information as to the frequency with which the database

is updated; a list of any data fields to which public access is

restricted; a description of each form in which the database can be

copied or reproduced using the agency's computer facilities; and a

schedule of fees for the production of copies in each available form.

Electronic databases compiled or created prior to the date by which

the index must be created in accordance with this subsection may be

indexed at the public agency's option. The form, content, language,

and guidelines for the index and the databases to be indexed shall be

developed by the Division of Archives and History in consultation with

officials at other public agencies.

computer database that the public agency has not otherwise created or

is not otherwise required to be created. Nothing in this section

requires a public agency to disclose its software security, including

passwords.

(d) The following definitions apply in this section:

(1) Computer database. - A structured collection of data or

documents residing in a database management program or

spreadsheet software.

(2) Computer hardware. - Any tangible machine or device utilized

for the electronic storage, manipulation, or retrieval of data.

(3) Computer program. - A series of instructions or statements

that permit the storage, manipulation, and retrieval of data

within an electronic data-processing system, together with any

associated documentation. The term does not include the original

data, or any analysis, compilation, or manipulated form of the

original data produced by the use of the program or software.

(4) Computer software. - Any set or combination of computer

programs. The term does not include the original data, or any

analysis, compilation, or manipulated form of the original data

produced by the use of the program or software.

(5) Electronic data-processing system. - Computer hardware,

computer software, or computer programs or any combination

thereof, regardless of kind or origin.

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§ 132-6.2. Provisions for copies of public records; fees.

(a) Persons requesting copies of public records may elect to obtain

them in any and all media in which the public agency is capable of

providing them. No request for copies of public records in a

particular medium shall be denied on the grounds that the custodian

has made or prefers to make the public records available in another

medium. The public agency may assess different fees for different

media as prescribed by law.

(b) Persons requesting copies of public records may request that the

copies be certified or uncertified. The fees for certifying copies of

public records shall be as provided by law. Except as otherwise

provided by law, no public agency shall charge a fee for an

uncertified copy of a public record that exceeds the actual cost to

the public agency of making the copy. For purposes of this subsection,

"actual cost" is limited to direct, chargeable costs related to the

reproduction of a public record as determined by generally accepted

accounting principles and does not include costs that would have been

incurred by the public agency if a request to reproduce a public

record had not been made. Notwithstanding the provisions of this

subsection, if the request is such as to require extensive use of

information technology resources or extensive clerical or supervisory

assistance by personnel of the agency involved, or if producing the

record in the medium requested results in a greater use of information

technology resources than that established by the agency for

reproduction of the volume of information requested, then the agency

may charge, in addition to the actual cost of duplication, a special

service charge, which shall be reasonable and shall be based on the

actual cost incurred for such extensive use of information technology

resources or the labor costs of the personnel providing the services,

or for a greater use of information technology resources that is

actually incurred by the agency or attributable to the agency. If

anyone requesting public information from any public agency is charged

a fee that the requester believes to be unfair or unreasonable, the

requester may ask the Information Resource Management Commission to

mediate the dispute.

make or submit such requests in writing. Custodians of public records

shall respond to all such requests as promptly as possible. If the

request is granted, the copies shall be provided as soon as reasonably

possible. If the request is denied, the denial shall be accompanied by

an explanation of the basis for the denial. If asked to do so, the

person denying the request shall, as promptly as possible, reduce the

explanation for the denial to writing.

(d) Nothing in this section shall be construed to require a public

agency to respond to requests for copies of public records outside of

its usual business hours.

(e) Nothing in this section shall be construed to require a public

agency to respond to a request for a copy of a public record by

creating or compiling a record that does not exist. If a public

agency, as a service to the requester, voluntarily elects to create or

compile a record, it may negotiate a reasonable charge for the service

with the requester. Nothing in this section shall be construed to

require a public agency to put into electronic medium a record that is

not kept in electronic medium.

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§ 132-7. Keeping records in safe places; copying or repairing; certified

copies.

Insofar as possible, custodians of public records shall keep them in

fireproof safes, vaults, or rooms fitted with noncombustible materials

and in such arrangement as to be easily accessible for convenient use.

All public records should be kept in the buildings in which they are

ordinarily used. Record books should be copied or repaired, renovated

or rebound if worn, mutilated, damaged or difficult to read. Whenever

any State, county, or municipal records are in need of repair,

restoration, or rebinding, the head of such State agency, department,

board, or commission, the board of county commissioners of such

county, or the governing body of such municipality may authorize that

the records in need of repair, restoration, or rebinding be removed

from the building or office in which such records are ordinarily kept,

for the length of time required to repair, restore, or rebind them.

Any public official who causes a record book to be copied shall attest

it and shall certify on oath that it is an accurate copy of the

original book. The copy shall then have the force of the original.

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§ 132-8. Assistance by and to Department of Cultural Resources.

The Department of Cultural Resources shall have the right to examine

into the condition of public records and shall give advice and

assistance to public officials in the solution of their problems of

preserving, filing and making available the public records in their

custody. When requested by the Department of Cultural Resources,

public officials shall assist the Department in the preparation of an

inclusive inventory of records in their custody, to which shall be

attached a schedule, approved by the head of the governmental unit or

agency having custody of the records and the Secretary of Cultural

Resources, establishing a time period for the retention or disposal of

each series of records. Upon the completion of the inventory and

schedule, the Department of Cultural Resources shall (subject to the

availability of necessary space, staff, and other facilities for such

purposes) make available space in its Records Center for the filing of

semicurrent records so scheduled and in its archives for noncurrent

records of permanent value, and shall render such other assistance as

needed, including the microfilming of records so scheduled.

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§ 132-8.1. Records management program administered by Department of

Cultural Resources; establishment of standards, procedures, etc.; surveys.

A records management program for the application of efficient and

economical management methods to the creation, utilization,

maintenance, retention, preservation, and disposal of official records

shall be administered by the Department of Cultural Resources. It

shall be the duty of that Department, in cooperation with and with the

approval of the Department of Administration, to establish standards,

procedures, and techniques for effective management of public records,

to make continuing surveys of paper work operations, and to recommend

improvements in current records management practices including the use

of space, equipment, and supplies employed in creating, maintaining,

and servicing records. It shall be the duty of the head of each State

agency and the governing body of each county, municipality and other

subdivision of government to cooperate with the Department of Cultural

Resources in conducting surveys and to establish and maintain an

active, continuing program for the economical and efficient management

of the records of said agency, county, municipality, or other

subdivision of government.

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§ 132-8.2. Selection and preservation of records considered essential;

making or designation of preservation duplicates; force and effect of

duplicates or copies thereof.

In cooperation with the head of each State agency and the governing

body of each county, municipality, and other subdivision of

government, the Department of Cultural Resources shall establish and

maintain a program for the selection and preservation of public

records considered essential to the operation of government and to the

protection of the rights and interests of persons, and, within the

limitations of funds available for the purpose, shall make or cause to

be made preservation duplicates or designate as preservation

duplicates existing copies of such essential public records.

Preservation duplicates shall be durable, accurate, complete and

clear, and such duplicates made by a photographic, photostatic,

microfilm, micro card, miniature photographic, or other process which

accurately reproduces and forms a durable medium for so reproducing

the original shall have the same force and effect for all purposes as

the original record whether the original record is in existence or

not. A transcript, exemplification, or certified copy of such

preservation duplicate shall be deemed for all purposes to be a

transcript, exemplification, or certified copy of the original record.

Such preservation duplicates shall be preserved in the place and

manner of safekeeping prescribed by the Department of Cultural

Resources.

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§ 132-9. Access to records.

(a) Any person who is denied access to public records for purposes of

inspection and examination, or who is denied copies of public records,

may apply to the appropriate division of the General Court of Justice

for an order compelling disclosure or copying, and the court shall

have jurisdiction to issue such orders. Actions brought pursuant to

this section shall be set down for immediate hearing, and subsequent

proceedings in such actions shall be accorded priority by the trial

and appellate courts.

(b) In an action to compel disclosure of public records which have

been withheld pursuant to the provisions of G.S. 132-6 concerning

public records relating to the proposed expansion or location of

particular businesses and industrial projects, the burden shall be on

the custodian withholding the records to show that disclosure would

frustrate the purpose of attracting that particular business or

industrial project.

successfully compels the disclosure of public records, the court may,

in its discretion, allow the prevailing party to recover reasonable

attorneys' fees if:

(1) The court finds that the agency acted without substantial

justification in denying access to the public records; and

(2) The court finds that there are no special circumstances that

would make the award of attorneys' fees unjust. Any attorneys'

fees assessed against a public agency under this section shall be

charged against the operating expenses of the agency; provided,

however, that the court may order that all or any portion of any

attorneys' fees so assessed be paid personally by any public

employee or public official found by the court to have knowingly

or intentionally committed, caused, permitted, suborned, or

participated in a violation of this Article. No order against any

public employee or public official shall issue in any case where

the public employee or public official seeks the advice of any

attorney and such advice is followed.

(d) If the court determines that an action brought pursuant to this

section was filed in bad faith or was frivolous, the court may, in its

discretion, assess a reasonable attorney's fee against the person or

persons instituting the action and award it to the public agency as

part of the costs.

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§ 132-10. Qualified exception for geographical information systems.

Geographical information systems databases and data files developed

and operated by counties and cities are public records within the

meaning of this Chapter. The county or city shall provide public

access to such systems by public access terminals or other output

devices. Upon request, the county or city shall furnish copies, in

documentary or electronic form, to anyone requesting them at

reasonable cost. As a condition of furnishing an electronic copy,

whether on magnetic tape, magnetic disk, compact disk, or

photo-optical device, a county or city may require that the person

obtaining the copy agree in writing that the copy will not be resold

or otherwise used for trade or commercial purposes. For purposes of

this section, publication or broadcast by the news media shall not

constitute a resale or use of the data for trade or commercial

purposes and use of information without resale by a licensed

professional in the course of practicing the professional's profession

shall not constitute use for a commercial purpose.