Current Status Bill Number:4455 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980120 Primary Sponsor:R. Smith All Sponsors:R. Smith, Robinson, Tripp, Beck, Hamilton, McLeod, Leach, Sharpe, Easterday, Vaughn, Davenport, Mason, Haskins, Felder, Wilder, Cato, Riser, Stoddard, Quinn, Bauer, Littlejohn, Lanford, Kelley, Clyburn, Cromer Drafted Document Number:pt\1607dw.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Freedom of Information, compensation paid to persons by public bodies not exempt from disclosure
Body Date Action Description Com Leg Involved
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House 19980121 Co-Sponsor added (Rule 5.2) by Rep. Cromer
House 19980121 Co-Sponsor added (Rule 5.2) by Rep. Clyburn
House 19980120 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
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 DELETE THE EXCEPTIONS FOR COMPENSATION PAID TO A PERSON BY PUBLIC BODIES; AND TO AMEND SECTION 30-4-50, AS AMENDED, RELATING TO MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO ADD ALL COMPENSATION PAID TO A PERSON BY A PUBLIC BODY.
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 Act 458 of 1996, Part II, Section 31D, is further amended to read:
"(a) The following matters are exempt from disclosure under the provisions of this chapter:
(1) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; and work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation.
(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, 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. This provision must not be interpreted to restrict access by the public and press to information contained in public records.
(3) Records of law enforcement and public safety agencies not otherwise available by law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:
(A) Disclosing identity of informants not otherwise known;
(B) The premature release of information to be used in a prospective law enforcement action;
(C) Disclosing investigatory techniques not otherwise known outside the government;
(D) By endangering the life, health, or property of any person.
(4) Matters specifically exempted from disclosure by statute or law.
(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property.
(6) All compensation paid by public bodies except as follows:
(A) For those persons receiving compensation of fifty thousand dollars or more annually, for all part-time employees, for any other persons who are paid honoraria or other compensation for special appearances, performances, or the like, and for employees at the level of agency or department head, the exact compensation of each person or employee;
(B) For classified and unclassified employees, including contract instructional employees, not subject to item (A) above who receive compensation between, but not including, thirty thousand dollars and fifty thousand dollars annually, the compensation level within a range of four thousand dollars, such ranges to commence at thirty thousand dollars and increase in increments of four thousand dollars;
(C) For classified employees not subject to item (A) above who receive compensation of thirty thousand dollars or less annually, the salary schedule showing the compensation range for that classification including longevity steps, where applicable;
(D) For unclassified employees, including contract instructional employees, not subject to item (A) above who receive compensation of thirty thousand dollars or less annually, the compensation level within a range of four thousand dollars, such ranges to commence at two thousand dollars and increase in increments of four thousand dollars.
(E) For purposes of this subsection (6), "agency head" or "department head" means any person who has authority and responsibility for any department of any institution, board, commission, council, division, bureau, center, school, hospital, or other facility that is a unit of a public body. (Reserved)
(7) Correspondence or work products of legal counsel for a public body and any other material that would violate attorney-client relationships.
(8) Memoranda, correspondence, and working papers in the possession of individual members of the General Assembly or their immediate staffs; however, nothing herein may be construed as limiting or restricting public access to source documents or records, factual data or summaries of factual data, papers, minutes, or reports otherwise considered to be public information under the provisions of this chapter and not specifically exempted by any other provisions of this chapter.
(9) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body to attract business or industry to invest within South Carolina.
(10) Any standards used or to be used by the South Carolina Department of Revenue for the selection of returns for examination, or data used or to be used for determining such standards, if the commission determines that such disclosure would seriously impair assessment, collection, or enforcement under the tax laws of this State.
(11) Information relative to the identity of the maker of a gift to a public body if the maker specifies that his making of the gift must be anonymous and that his identity must not be revealed as a condition of making the gift. For the purposes of this item, 'gift to a public body' includes, but is not limited to, gifts to any of the state-supported colleges or universities and museums. With respect to the gifts, only information which identifies the maker may be exempt from disclosure. If the maker of any gift or any member of his immediate family has any business transaction with the recipient of the gift within three years before or after the gift is made, the identity of the maker is not exempt from disclosure.
(12) (Repealed)"
SECTION 2. Section 30-4-50(A) of the 1976 Code, as last amended by Act 44 of 1993, is amended by adding:
"(10) all compensation paid to a person by a public body."
SECTION 3. This act takes effect upon approval by the Governor.