(a) A State-owned railroad company shall submit an annual report to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Transportation Oversight Committee. The report shall include the following:
(1) The information required under G.S. 124-3.
(2) A copy of the strategic plan and the capital investment plan required under G.S. 124-16.
(3) Any failures to meet strategic objectives and what corrective actions were taken under G.S. 124-16(b).
(4) Anticipated dividends for the next three fiscal years.
(5) A description of the State-owned railroad company's business, subsidiaries, and markets in which it operates.
(6) A list of the properties owned by the State-owned railroad company.
(7) A list of the directors and executive officers of the State-owned railroad company and a description of the background and experience of each.
(8) A description of the State-owned railroad company's code of ethics and conflicts of interest policy.
(9) A summary of the fees paid to an accounting firm during the year.
(10) A list of the compensation paid to directors and officers of the State-owned railroad company.
(11) A description of the State-owned railroad company's disagreements with its accountants if there has been a change in accountants.
(12) A description of any transactions between the State-owned railroad company and its directors, officers, and their family members.
(b) Upon the request of the Governor or any committee of the General Assembly, a State-owned railroad company shall provide all additional information and data within its possession or ascertainable from its records. The State-owned railroad company shall not be deemed to have waived any attorney-client privilege when complying with this subsection. At the time a State-owned railroad company provides information under this section, it shall indicate whether the information is confidential. Confidential information shall be subject to subsection (c) of this section.
(c) Confidential information includes (i) information related to a proposed specific business transaction where inspection, examination, or copying of the records would frustrate the purpose for which the records were created, or (ii) information that is subject to confidentiality obligations of a railroad company. Confidential information is exempt from Chapter 132 of the General Statutes and shall not be subject to a request under G.S. 132-6(a). (2000-146, s. 3; 2013-360, s. 34.14(d).)
§ 124-18: Repealed by Session Laws 2019-231, s. 4.4(b), effective July 1, 2019.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1931–2021 · leading case:
Howard v. . Howard, 158 S.E. 101 (N.C. 1931).
Howard v. . Howard, 158 S.E. 101 (N.C. 1931).
“The same reasoning applies to sections 124-17 and 124-18, chapter 232 of the Laws of 1912.”
SELC v. N.C. R.R. (N.C. 2021).
· cites it 31× “In 2019, the Governor sent a letter to the Railroad asking to be provided with the information required by N.C.G.S. § 124-17, additional information relating to the actions that had been taken at board meetings, and the contents of trackage rights agreements and requesting that,…”
S. Env't Law Ctr. v. N.C. R.R. Co. (N.C. 2021).
· cites it 31× “In 2019, the Governor sent a letter to the Railroad asking to be provided with the information required by N.C.G.S. § 124-17, additional information relating to the actions that had been taken at board meetings, and the contents of trackage rights agreements and requesting that,…”
S. Envtl. Law Ctr. v. Saylor, 2019 NCBC 59 (N.C. Bus. Ct. 2019).
· cites it 11× “) Section 124-17 also provides that “[u]pon the request of the Governor or any committee of the General Assembly, [the NCRR] shall provide all additional information and data within its possession or ascertainable from its records.”
S. Envtl. Law Ctr. v. N.C. R.R. Co., 2020 NCBC 61 (N.C. Bus. Ct. 2020).
· cites it 2× “G.S. § 124-17(b). 25. The NCRR maintains a close relationship with the North Carolina Department of Transportation (the “NCDOT”), with NCRR officials regularly meeting to discuss policy and development priorities.”
— N.C. Gen. Stat. § 124-17(a) — 3 cases
SELC v. N.C. R.R. (N.C. 2021).
“In 2019, the Governor sent a letter to the Railroad asking to be provided with the information required by N.C.G.S. § 124-17, additional information relating to the actions that had been taken at board meetings, and the contents of trackage rights agreements and requesting that,…”
S. Env't Law Ctr. v. N.C. R.R. Co. (N.C. 2021).
“In 2019, the Governor sent a letter to the Railroad asking to be provided with the information required by N.C.G.S. § 124-17, additional information relating to the actions that had been taken at board meetings, and the contents of trackage rights agreements and requesting that,…”
S. Envtl. Law Ctr. v. Saylor, 2019 NCBC 59 (N.C. Bus. Ct. 2019).
“) Section 124-17 also provides that “[u]pon the request of the Governor or any committee of the General Assembly, [the NCRR] shall provide all additional information and data within its possession or ascertainable from its records.”
— N.C. Gen. Stat. § 124-17(b) — 4 cases
SELC v. N.C. R.R. (N.C. 2021).
“In 2019, the Governor sent a letter to the Railroad asking to be provided with the information required by N.C.G.S. § 124-17, additional information relating to the actions that had been taken at board meetings, and the contents of trackage rights agreements and requesting that,…”
S. Env't Law Ctr. v. N.C. R.R. Co. (N.C. 2021).
“In 2019, the Governor sent a letter to the Railroad asking to be provided with the information required by N.C.G.S. § 124-17, additional information relating to the actions that had been taken at board meetings, and the contents of trackage rights agreements and requesting that,…”
S. Envtl. Law Ctr. v. Saylor, 2019 NCBC 59 (N.C. Bus. Ct. 2019).
“) Section 124-17 also provides that “[u]pon the request of the Governor or any committee of the General Assembly, [the NCRR] shall provide all additional information and data within its possession or ascertainable from its records.”
S. Envtl. Law Ctr. v. N.C. R.R. Co., 2020 NCBC 61 (N.C. Bus. Ct. 2020).
“G.S. § 124-17(b). 25. The NCRR maintains a close relationship with the North Carolina Department of Transportation (the “NCDOT”), with NCRR officials regularly meeting to discuss policy and development priorities.”
— N.C. Gen. Stat. § 124-17(c) — 1 case
S. Envtl. Law Ctr. v. Saylor, 2019 NCBC 59 (N.C. Bus. Ct. 2019).
“) Section 124-17 also provides that “[u]pon the request of the Governor or any committee of the General Assembly, [the NCRR] shall provide all additional information and data within its possession or ascertainable from its records.”
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