S*22 Session 112 (1997-1998)
S*0022(Rat #0504, Act #0423 of 1998) General Bill, By Leatherman
A BILL TO AMEND SECTION 30-4-40, 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 CERTAIN RECORDS AVAILABLE WHEN THE REQUESTOR APPEARS IN
PERSON TO INSPECT OR COPY THE RECORDS; TO AMEND SECTION 30-4-40, AS AMENDED,
RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION
ACT, SO AS TO PROVIDE THAT A PUBLIC BODY MAY, BUT IS NOT REQUIRED TO, EXEMPT
FROM DISCLOSURE CERTAIN INFORMATION, TO SPECIFY THAT DOCUMENTS INCIDENTAL TO
PROPOSED CONTRACTUAL ARRANGEMENTS AND PROPOSED SALES OR PURCHASES OF PROPERTY
ARE NOT EXEMPT FROM DISCLOSURE ONCE THE CONTRACT IS ENTERED INTO OR THE
PROPERTY IS SOLD OR PURCHASED, TO PROVIDE THAT A CONTRACT FOR THE SALE OR
PURCHASE OF REAL ESTATE REMAINS EXEMPT FROM DISCLOSURE UNTIL THE DEED IS
EXECUTED, WITH THIS EXEMPTION APPLYING ONLY TO THOSE CONTRACTS OF SALE OR
PURCHASE IN WHICH THE EXECUTION OF THE DEED OCCURS WITHIN TWELVE MONTHS FROM
THE DATE OF THE SALE OR PURCHASE, TO PROVIDE THAT CONFIDENTIAL PROPRIETARY
INFORMATION PROVIDED TO A PUBLIC BODY FOR ECONOMIC DEVELOPMENT OR CONTRACT
NEGOTIATION PURPOSES IS NOT REQUIRED TO BE DISCLOSED, TO SPECIFY THAT CERTAIN
PUBLIC EMPLOYEE RECORDS GATHERED BY A PUBLIC BODY DURING A SEARCH TO FILL AN
EMPLOYMENT POSITION ARE EXEMPT FROM DISCLOSURE, WITH CERTAIN EXCEPTIONS; TO
PROVIDE THAT DATA, RECORDS, OR INFORMATION OF A PROPRIETARY NATURE PRODUCED OR
COLLECTED BY OR FOR FACULTY OR STAFF OF STATE INSTITUTIONS OF HIGHER EDUCATION
UNDER CERTAIN CONDITIONS ARE EXEMPT FROM DISCLOSURE, AND TO EXEMPT FROM
DISCLOSURE THE IDENTITY, OR INFORMATION TENDING TO REVEAL THE IDENTITY, OF ANY
INDIVIDUAL WHO IN GOOD FAITH MAKES A COMPLAINT OR DISCLOSES INFORMATION WHICH
ALLEGES A VIOLATION OR POTENTIAL VIOLATION OF LAW OR REGULATION TO A STATE
REGULATORY AGENCY; 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 REPORT DISCLOSING CERTAIN
INFORMATION INVOLVING A CRIME OR AN ALLEGED CRIME; AND 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 OR OTHER MATTERS COVERED BY
ATTORNEY-CLIENT PRIVILEGE, TO DEFINE THE TERM "SPECIFIC PURPOSE", TO PROVIDE
THAT WHEN THE EXECUTIVE SESSION IS HELD PURSUANT TO SECTION 30-4-70(a)(1) OR
30-4-70 (a)(5), 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", TO
PROVIDE THAT NO ACTION MAY BE TAKEN IN EXECUTIVE SESSION EXCEPT TO ADJOURN OR
RETURN TO PUBLIC SESSION; 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.-AMENDED TITLE
01/14/97 Senate Introduced and read first time SJ-92
01/14/97 Senate Referred to Committee on Judiciary SJ-92
03/19/97 Senate Committee report: Favorable with amendment
Judiciary SJ-10
03/25/97 Senate Amended SJ-9
03/25/97 Senate Read second time SJ-9
03/25/97 Senate Ordered to third reading with notice of amendments SJ-9
01/20/98 Senate Read third time and sent to House SJ-21
01/21/98 House Introduced and read first time HJ-9
01/21/98 House Referred to Committee on Judiciary HJ-9
04/08/98 House Committee report: Favorable with amendment
Judiciary HJ-42
04/15/98 House Amended HJ-69
04/15/98 House Requests for debate-Rep(s). Robinson, Davenport,
Hinson, Spearman, Littlejohn, Allison, J. Hines,
Young-Brickell, Knotts, Cave, Woodrum, Riser, J.
Brown, Breeland & McMahand HJ-73
04/16/98 House Requests for debate removed-Rep(s). Robinson,
Spearman, Davenport & Woodrum HJ-23
04/16/98 House Read second time HJ-49
04/16/98 House Roll call Yeas-105 Nays-0 HJ-50
04/16/98 House Unanimous consent for third reading on next
legislative day HJ-50
04/17/98 House Read third time and returned to Senate with
amendments HJ-7
04/21/98 Senate Recommitted to Committee on Judiciary SJ-11
04/29/98 Senate Recalled from Committee on Judiciary SJ-9
04/30/98 Senate House amendment amended SJ-21
04/30/98 Senate Returned to House with amendments SJ-21
05/06/98 House Point of order- Senate amendments not printed and
on member's desks for 24 hours HJ-16
05/07/98 House Non-concurrence in Senate amendment HJ-21
05/12/98 Senate Senate insists upon amendment and conference
committee appointed Sens.McConnell, Courtney,
Ford SJ-14
05/12/98 House Conference committee appointed Reps. Klauber,
Young & Hawkins HJ-29
06/04/98 House Conference report received and adopted HJ-185
06/04/98 Senate Conference report received and adopted SJ-205
06/04/98 House Ordered enrolled for ratification HJ-207
06/10/98 Ratified R 504
06/12/98 Signed By Governor
06/12/98 Effective date 06/12/98
07/07/98 Copies available
07/07/98 Act No. 423
(A423, R504, S22)
AN ACT 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
CERTAIN RECORDS AVAILABLE WHEN THE REQUESTOR
APPEARS IN PERSON TO INSPECT OR COPY THE RECORDS; TO
AMEND SECTION 30-4-40, AS AMENDED, RELATING TO
MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM
OF INFORMATION ACT, SO AS TO PROVIDE THAT A PUBLIC
BODY MAY, BUT IS NOT REQUIRED TO, EXEMPT FROM
DISCLOSURE CERTAIN INFORMATION, TO SPECIFY THAT
DOCUMENTS INCIDENTAL TO PROPOSED CONTRACTUAL
ARRANGEMENTS AND PROPOSED SALES OR PURCHASES OF
PROPERTY ARE NOT EXEMPT FROM DISCLOSURE ONCE THE
CONTRACT IS ENTERED INTO OR THE PROPERTY IS SOLD OR
PURCHASED, TO PROVIDE THAT A CONTRACT FOR THE SALE
OR PURCHASE OF REAL ESTATE REMAINS EXEMPT FROM
DISCLOSURE UNTIL THE DEED IS EXECUTED, WITH THIS
EXEMPTION APPLYING ONLY TO THOSE CONTRACTS OF SALE
OR PURCHASE IN WHICH THE EXECUTION OF THE DEED
OCCURS WITHIN TWELVE MONTHS FROM THE DATE OF THE
SALE OR PURCHASE, TO PROVIDE THAT CONFIDENTIAL
PROPRIETARY INFORMATION PROVIDED TO A PUBLIC BODY
FOR ECONOMIC DEVELOPMENT OR CONTRACT NEGOTIATION
PURPOSES IS NOT REQUIRED TO BE DISCLOSED, TO SPECIFY
THAT CERTAIN PUBLIC EMPLOYEE RECORDS GATHERED BY
A PUBLIC BODY DURING A SEARCH TO FILL AN EMPLOYMENT
POSITION ARE EXEMPT FROM DISCLOSURE, WITH CERTAIN
EXCEPTIONS; TO PROVIDE THAT DATA, RECORDS, OR
INFORMATION OF A PROPRIETARY NATURE PRODUCED OR
COLLECTED BY OR FOR FACULTY OR STAFF OF STATE
INSTITUTIONS OF HIGHER EDUCATION UNDER CERTAIN
CONDITIONS ARE EXEMPT FROM DISCLOSURE, AND TO
EXEMPT FROM DISCLOSURE THE IDENTITY, OR INFORMATION
TENDING TO REVEAL THE IDENTITY, OF ANY INDIVIDUAL
WHO IN GOOD FAITH MAKES A COMPLAINT OR DISCLOSES
INFORMATION WHICH ALLEGES A VIOLATION OR POTENTIAL
VIOLATION OF LAW OR REGULATION TO A STATE
REGULATORY AGENCY; 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 REPORT
DISCLOSING CERTAIN INFORMATION INVOLVING A CRIME OR
AN ALLEGED CRIME; AND 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 OR OTHER MATTERS COVERED BY
ATTORNEY-CLIENT PRIVILEGE, TO DEFINE THE TERM
"SPECIFIC PURPOSE", TO PROVIDE THAT WHEN THE
EXECUTIVE SESSION IS HELD PURSUANT TO SECTION
30-4-70(a)(1) OR 30-4-70(a)(5), 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", TO PROVIDE
THAT NO ACTION MAY BE TAKEN IN EXECUTIVE SESSION
EXCEPT TO ADJOURN OR RETURN TO PUBLIC SESSION; 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:
Records to be made available
SECTION 1. Section 30-4-30 of the 1976 Code is amended by adding:
"(d) The following records of a public body must be made available for
public inspection and copying during the hours of operations of the public
body without the requestor being required to make a written request to
inspect or copy the records when the requestor appears in person:
(1) minutes of the meetings of the public body for the preceding six
months;
(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 for the preceding three months."
Body not required to exempt from disclosure
SECTION 2. That portion of Section 30-4-40(a) of the 1976 Code, as
amended by Act 458 of 1996, which precedes item (1), is further amended
to read:
"A public body may but is not required to exempt from disclosure the
following information:"
Contractual document exempt - exceptions
SECTION 3. 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:
(a) these documents are not exempt from disclosure once a contract
is entered into or the property is sold or purchased except as otherwise
provided in this section;
(b) a contract for the sale or purchase of real estate shall remain
exempt from disclosure until the deed is executed, but this exemption
applies only to those contracts of sale or purchase where the execution of
the deed occurs within twelve months from the date of sale or purchase;
(c) confidential proprietary information provided to a public body
for economic development or contract negotiations purposes is not
required to be disclosed."
Employment materials exempt - exceptions
SECTION 4. Section 30-4-40(a) of the 1976 Code, as last amended by
an act of 1998 bearing ratification number 356, is further amended by
adding an appropriately numbered item to read:
"( ) All materials, regardless of form, gathered by a public body
during a search to fill an employment position, except that materials
relating to not fewer than the final three applicants under consideration for
a position must be made available for public inspection and copying. In
addition to making available for public inspection and copying the
materials described in this item, the public body must disclose, upon
request, the number of applicants considered for a position. For the
purpose of this item 'materials relating to not fewer than the final three
applicants' do not include an applicant's income tax returns, medical
records, social security number, or information otherwise exempt from
disclosure by this section."
Data, records, etc., exempt from disclosure
SECTION 5. Section 30-4-40(a) of the 1976 Code, as last amended by
an act of 1998 bearing ratification number 356, is further amended by
adding an appropriately numbered item to read:
"( )(A) Data, records, or information of a proprietary nature,
produced or collected by or for faculty or staff of state institutions of
higher education in the conduct of or as a result of study or research on
commercial, scientific, technical, or scholarly issues, whether sponsored
by the institution alone or in conjunction with a governmental body or
private concern, where the data, records, or information has not been
publicly released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received
by or on behalf of faculty, staff, employees, or students of a state
institution of higher education or any public or private entity supporting
or participating in the activities of a state institution of higher education
in the conduct of or as a result of study or research on medical, scientific,
technical, scholarly, or artistic issues, whether sponsored by the institution
alone or in conjunction with a governmental body or private entity until
the information is published, patented, otherwise publicly disseminated,
or released to an agency whereupon the request must be made to the
agency. This item applies to, but is not limited to, information provided
by participants in research, research notes and data, discoveries, research
projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's
financial or administrative records."
Identity of person alleging violation of law exempt from
disclosure
SECTION 6. Section 30-4-40(a) of the 1976 Code, as last amended by
an act of 1998 bearing ratification number 356, is further amended by
adding an appropriately numbered item to read:
"( ) The identity, or information tending to reveal the identity, of
any individual who in good faith makes a complaint or otherwise
discloses information, which alleges a violation or potential violation of
law or regulation, to a state regulatory agency."
"Incident" removed from disclosure requirement in incident reports
SECTION 7. Section 30-4-50(A)(8) of the 1976 Code, as last amended
by Act 269 of 1992, is further amended to read:
"(8) reports which disclose the nature, substance, and location of any
crime or alleged crime reported as having been committed. Where a
report contains information exempt as otherwise provided by law, the law
enforcement agency may delete that information from the report."
Executive sessions - qualified legal advice exempted as reason
for
SECTION 8. Section 30-4-70 of the 1976 Code, as last amended by
an act of 1998 bearing ratification number 356, is further amended to
read:
"Section 30-4-70. (a) A public body may hold a meeting closed to
the public for one or more of the following reasons:
(1) Discussion of employment, appointment, compensation,
promotion, demotion, discipline, or release of an employee, a student, or
a person regulated by a public body or the appointment of a person to a
public body; however, if an adversary hearing involving the employee or
client is held, the employee or client has the right to demand that the
hearing be conducted publicly. Nothing contained in this item shall
prevent the public body, in its discretion, from deleting the names of the
other employees or clients whose records are submitted for use at the
hearing.
(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 or other matters covered by the attorney-client privilege,
settlement of legal claims, or the position of the public agency in other
adversary situations involving the assertion against the agency of a claim.
(3) Discussion regarding the development of security personnel or
devices.
(4) Investigative proceedings regarding allegations of criminal
misconduct.
(5) Discussion of matters relating to the proposed location,
expansion, or the provision of services encouraging location or expansion
of industries or other businesses in the area served by the public body.
(b) Before going into executive session the public agency shall vote
in public on the question and when the vote is favorable, the presiding
officer shall announce the specific purpose of the executive session. As
used in this subsection, 'specific purpose' means a description of the
matter to be discussed as identified in items (1) through (5) of subsection
(a) of this section. However, when the executive session is held pursuant
to Sections 30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual
or entity being discussed is not required to be disclosed to satisfy the
requirement that the specific purpose of the executive session be stated.
No action may be taken in executive session except to (a) adjourn or (b)
return to public session. 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.
(c) No chance meeting, social meeting, or electronic communication
may be used in circumvention of the spirit of requirements of this chapter
to act upon a matter over which the public body has supervision, control,
jurisdiction, or advisory power.
(d) This chapter does not prohibit the removal of any person who
wilfully disrupts a meeting to the extent that orderly conduct of the
meeting is seriously compromised.
(e) Sessions of the General Assembly may enter into executive
sessions authorized by the Constitution of this State and rules adopted
pursuant thereto."
Time effective
SECTION 9. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1998. |