Current Status Bill Number:606 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970402 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:jud6030.gfm Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Freedom of Information, public records, available for public inspection on continuous basis
Body Date Action Description Com Leg Involved
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Senate 19970402 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO MAKE RECORDS AVAILABLE UNDER THE FREEDOM OF INFORMATION ACT WITHIN FIFTEEN DAYS OF RECEIPT OF REQUEST AND TO PROVIDE THAT CERTAIN RECORDS ARE TO BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING ON A CONTINUOUS BASIS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-4-30 of the 1976 Code is amended to read:
"(a) Any person has a right to inspect or copy any public record of a public body, except as otherwise provided by Section 30-4-40, in accordance with reasonable rules concerning time and place of access.
(b) The public body may establish and collect fees not to exceed the actual cost of searching for or making copies of records. Fees charged by a public body must be uniform for copies of the same record or document. However, members of the General Assembly may receive copies of records or documents at no charge from public bodies when their request relates to their legislative duties. The records must be furnished at the lowest possible cost to the person requesting the records. Records must be provided in a form that is both convenient and practical for use by the person requesting copies of the records concerned, if it is equally convenient for the public body to provide the records in this form. Documents may be furnished when appropriate without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Fees may not be charged for examination and review to determine if the documents are subject to disclosure. Nothing in this chapter prevents the custodian of the public records from charging a reasonable hourly rate for making records available to the public nor requiring a reasonable deposit of these costs before searching for or making copies of the records.
(c) Each public body, upon written request for records made under this chapter, shall must 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 thereof is exempt from disclosure, the public body within the time period provided herein must notify in writing the person requesting the record that the public body is relying on a statutory exemption from disclosure to withhold all or part of the record. If the public body within the time provided herein fails to provide the record or notify the person requesting the record 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 record 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
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.
(d) The following records of public bodies are to be made available for public inspection and copying during the hours of operation of the public body without the requirement of a written request to inspect or copy the records:
(1) Minutes of the meetings of public bodies,
(2) Any report identified in Section 30-4-50(A)(8) the date of which is fourteen or fewer days earlier than the date of the oral request, and
(3) Any document identifying persons confined in any jail, detention center, or prison."
SECTION 2. This act takes effect upon approval by the Governor.