Current Status Bill Number:295 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970204 Primary Sponsor:McConnell All Sponsors:McConnell and Ford Drafted Document Number:res1253.gfm Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Freedom of Information, public employee records concerning evaluations not exempt on basis of invasion of privacy
Body Date Action Description Com Leg Involved
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Senate 19970204 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 30-4-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT CERTAIN PUBLIC EMPLOYEE RECORDS CONCERNING EVALUATIONS AND DISCIPLINARY MATTERS CAN NOT BE EXEMPT FROM DISTRIBUTION ON THE BASIS IT WOULD CONSTITUTE AN UNREASONABLE INVASION OF PERSONAL PRIVACY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-4-40(a)(2) of the 1976 Code is amended to read:
"(2) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. Information of a personal nature shall include includes, but not be is not 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 used 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 2. This act takes effect upon approval by the Governor.