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2006 SPECIAL SESSION I

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SB 5011 Public-Private Transportation Act, & Public-Private Educa. Facilities & Infrastructure Act; records.

Introduced by: R. Edward Houck | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

Public-Private Transportation Act of 1995 and Public-Private Education Facilities and Infrastructure Act of 2002; disclosure of procurement records.  Exempts from disclosure memoranda, staff evaluations or other records generated by or for the responsible public entity for the evaluation and negotiation of proposals where (i) if such records were made public prior to their disclosure as required by the § 56-573.1:1 or 56-575.17, the financial interest or bargaining position of the public or private entity would be adversely affected, and (ii) the basis for the determination required in clause (i) is documented in writing by the responsible public entity. In addition, the bill authorizes a responsible public entity and any independent review panel appointed to review information and advise the responsible public entity to hold closed meetings to discuss or consider records exempted from disclosure.  Finally, the bill allows procurement records under the PPTA to be withheld, even after a comprehensive agreement has been entered into, if the process of bargaining of other interim agreements related to the qualifying transportation facility or all phases or aspects of the comprehensive agreement is not complete.  The provisions of the bill expire on July 1, 2007.  


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