Current Status Bill Number:3999 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970410 Primary Sponsor:Wilkins All Sponsors:Wilkins and Knotts Drafted Document Number:pt\1054dw.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Freedom of Information, public records, crime incident reports, employee records, executive sessions
Body Date Action Description Com Leg Involved
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House 19980121 Co-Sponsor added (Rule 5.2) by Rep. Knotts
House 19970410 Introduced, read first time, 25 HJ
referred to Committee
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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.