H 3999 Session 112 (1997-1998)
H 3999 General Bill, By Wilkins and Knotts
A BILL TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE INSPECTION OR COPYING OF PUBLIC RECORDS AND THE AVAILABILITY
OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE THE
PROCEDURE FOR MAKING RECORDS AVAILABLE AND TO REQUIRE CERTAIN PUBLIC RECORDS
TO BE MADE AVAILABLE FOR PUBLIC INSPECTION ON A CONTINUOUS BASIS.-SHORT TITLE
04/10/97 House Introduced and read first time HJ-117
04/10/97 House Referred to Committee on Judiciary HJ-117
01/21/98 House Member(s) added as co-sponsor(s): Rep(s) Knotts HJ-13
A BILL
TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE INSPECTION OR
COPYING OF PUBLIC RECORDS AND THE AVAILABILITY
OF PUBLIC RECORDS UNDER THE FREEDOM OF
INFORMATION ACT, SO AS TO REVISE THE PROCEDURE
FOR MAKING RECORDS AVAILABLE AND TO REQUIRE
CERTAIN PUBLIC RECORDS TO BE MADE AVAILABLE FOR
PUBLIC INSPECTION ON A CONTINUOUS BASIS; TO AMEND
SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS
EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF
INFORMATION ACT, SO AS TO SPECIFY THAT CERTAIN
PUBLIC EMPLOYEE RECORDS CONCERNING
EVALUATIONS, DISCIPLINARY MATTERS, AND THOSE
USED RELATING TO INDIVIDUALS SELECTED FOR
INTERVIEWS AND UTILIZED IN CONNECTION WITH
APPLICATIONS FOR PUBLIC EMPLOYMENT ARE NOT
EXEMPT FROM DISTRIBUTION ON THE BASIS IT WOULD
CONSTITUTE AN UNREASONABLE INVASION OF
PERSONAL PRIVACY, AND TO SPECIFY THAT DOCUMENTS
CONCERNING CONTRACTUAL ARRANGEMENTS OF SALES
OR PROPOSED SALES OR PURCHASES OF PROPERTY MUST
BE MADE AVAILABLE WHEN THE TRANSACTION TO
WHICH THE DOCUMENTS RELATE IS ENTERED INTO OR
THE PROPERTY IS SOLD OR PURCHASED; TO AMEND
SECTION 30-4-50, AS AMENDED, RELATING TO
INFORMATION DECLARED PUBLIC INFORMATION UNDER
THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE
"INCIDENT" AS THE ONLY TYPE OF REPORTS DISCLOSING
CERTAIN INFORMATION INVOLVING A CRIME OR
ALLEGED CRIME; TO AMEND SECTION 30-4-70, RELATING
TO MEETINGS THAT MAY BE CLOSED TO THE PUBLIC
PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO
AS TO SPECIFY THAT AN EXECUTIVE SESSION FOR
RECEIPT OF LEGAL ADVICE IS PERMITTED ONLY WHEN
THE LEGAL ADVICE RELATES TO A PENDING,
THREATENED, OR POTENTIAL CLAIM, TO DEFINE THE
TERM "SPECIFIC PURPOSE", TO PROVIDE THAT WHEN THE
EXECUTIVE SESSION IS HELD PURSUANT TO SECTION
30-4-70(a)(1), THE IDENTITY OF THE INDIVIDUAL BEING
DISCUSSED DOES NOT HAVE TO BE DISCLOSED TO
SATISFY THE REQUIREMENT THAT THE SPECIFIC PURPOSE
OF THE EXECUTIVE SESSION IS STATED, TO DELETE THE
DEFINITION OF "FORMAL ACTION", AND TO PROVIDE
THAT MEMBERS OF PUBLIC BODIES MAY NOT COMMIT
THE BODY TO A COURSE OF ACTION BY A VOTE OR BY
POLLING OF MEMBERS IN EXECUTIVE SESSION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 30-4-30(c) of the 1976 Code is amended to
read:
"(c) Each public body, upon written request for records made under
this chapter, shall within fifteen days (excepting Saturdays, Sundays,
and legal public holidays) of the receipt of any such
the request notify the person making such request of its
determination and the reasons therefor make available for
inspection or copying the records identified in the request. If
the public body claims that a public record or any part of it is exempt
from disclosure, the public body within the time period provided in
this subsection must notify in writing the requester of the records that
the public body is relying on a statutory exemption from disclosure
to withhold all or part of a requested record. If the public body
within the time provided in this subsection fails to provide the
records or notify the requester that the public body is asserting an
exemption from disclosure of the requested records, the public body
may not claim that any portion of the requested records is exempt
from public inspection and copying. In its notice that an exemption
is being claimed the public body must state the specific statutory
provision relied upon to withhold a record or any portion thereof
from public inspection or copying. In the unusual circumstance
where it is necessary for the public body to search for and collect the
requested records or if it is necessary for the public body to examine
voluminous records to satisfy the request, the public body may in
writing notify the requester that the public body intends to make a
determination regarding its response to the request within ten days
(excepting Saturdays, Sundays, and legal public holidays) from the
date of the writing and by providing the notice not relinquishing the
authority to claim an exemption from disclosure during the ten-day
period extended hereunder. Such a determination shall
constitute the final opinion of the public body as to the public
availability of the requested public record and, if the request is
granted, the record must be furnished or made available for
inspection or copying. If written notification of the determination of
the public body as to the availability of the requested public record
is neither mailed nor personally delivered to the person requesting the
document within the fifteen days allowed herein, the request must be
considered approved."
SECTION 2. Section 30-4-30 of the 1976 Code is amended by
adding:
"(d) The following records of public bodies are to be made
available for public inspection and copying during the hours of
operations of the public body without the requester being required to
make a written request to inspect or copy the records:
(1) minutes of the meetings of public bodies;
(2) all reports identified in Section 30-4-50(A)(8) for at least the
fourteen-day period before the current day; and
(3) documents identifying persons confined in any jail,
detention center, or prison."
SECTION 3. Section 30-4-40(a)(2) of the 1976 Code, as last
amended by Act 404 of 1994, is further amended to read:
"(2) Information of a personal nature where the public disclosure
thereof of it would constitute unreasonable invasion
of personal privacy. Information of a personal nature shall
include includes, but not be limited to, information as to
gross receipts contained in applications for business licenses and
information relating to public records which include the name,
address, and telephone number or other such information of
an individual or individuals who are handicapped or disabled when
the information is requested for person-to-person commercial
solicitation of handicapped persons solely by virtue of their handicap.
Records of performance evaluations of public employees, records
of disciplinary actions regarding public employees, and records
relating to individuals selected for interviews and utilized by a public
body in connection with applications for public employment are not
exempt from disclosure on grounds that public disclosure of them
would constitute an unreasonable invasion of personal privacy.
This provision must not be interpreted to restrict access by the public
and press to information contained in public records."
SECTION 4. Section 30-4-40(a)(5) of the 1976 Code is amended
to read:
"(5) Documents of and documents incidental to proposed
contractual arrangements and documents of and documents incidental
to proposed sales or purchases of property; however, these
documents are not exempt from disclosure once a contract is entered
into or the property is sold or purchased."
SECTION 5. Section 30-4-50(A)(8) of the 1976 Code, as last
amended by Act 269 of 1992, is further amended to read:
"(8) incident reports which disclose the nature, substance,
and location of any crime or alleged crime reported as having been
committed. Where an a incident report
contains information exempt as otherwise provided by law, the law
enforcement agency may delete that information from the
incident report."
SECTION 6. Section 30-4-70(a)(2) of the 1976 Code is amended
to read:
"(2) Discussion of negotiations incident to proposed contractual
arrangements and proposed sale or purchase of property, the receipt
of legal advice where the legal advice relates to a pending,
threatened, or potential claim, settlement of legal claims, or the
position of the public agency in other adversary situations involving
the assertion against said agency of a claim."
SECTION 7. Section 30-4-70(a)(6) of the 1976 Code is amended
to read:
"(6)(b) Prior to going into executive session the
public agency shall vote in public on the question and when
such the vote is favorable, the presiding
officer shall announce the specific purpose of the executive session.
As used in this subsection, 'specific purpose' means the explicit,
precise, and exact matter to be discussed in executive session.
However, when the executive session is held pursuant to Section
30-4-70(a)(1), the identity of the individual being discussed need not
be disclosed to satisfy the requirement that the specific purpose of the
executive session be stated. No formal action may be taken
in executive session. As used in this item "formal action"
means a recorded vote committing the body concerned to a specific
course of action. No vote may be taken in executive session,
and the members of a public body may not commit the public body
to a course of action by a polling of members in executive
session."
SECTION 8. Subsections (b), (c), and (d) of Section 30-4-70 of
the 1976 Code are redesignated (c), (d) and (e), respectively.
SECTION 9. This act takes effect upon approval by the Governor.
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