Current Status Bill Number:4664 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980218 Primary Sponsor:Klauber All Sponsors:Klauber, Webb, Sharpe, Leach, Trotter, Witherspoon, Baxley, Riser, McCraw, Cato, Phillips, Hamilton and Cromer Drafted Document Number:pt\1713dw.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Freedom of Information, proprietary information produced by staff at state college, exempt from disclosure
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980218 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT CERTAIN PROPRIETARY INFORMATION PRODUCED BY OR FOR FACULTY OR STAFF OF A STATE INSTITUTION OF HIGHER LEARNING AS THE RESULT OF RESEARCH ON CERTAIN ISSUES WHERE THE INFORMATION HAS NOT BEEN PUBLICLY RELEASED, PUBLISHED, COPYRIGHTED, OR PATENTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding:
"(12)(A) Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's financial or administrative records."
SECTION 2. This act takes effect upon approval by the Governor.