South Carolina Legislature


 

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H*4202
Session 108 (1989-1990)


H*4202(Rat #0680, Act #0555 of 1990)  General Bill, By Vaughn, B.O. Baker, 
D. Blackwell, M.J. Cooper, Fair, Haskins, D.A. Moss, I.K. Rudnick and J.J. Snow
 A Bill to amend Section 30-4-30, as amended, Code of Laws of South Carolina,
 1976, relating to the inspection and copying of public records under the
 Freedom of Information Act and the fees a public body may collect for making
 copies of these records, so as to provide that fees charged by a public body
 must be uniform for copies of the same record or document, except that 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.-amended title

   10/25/89  House  Prefiled
   10/25/89  House  Referred to Committee on Judiciary
   01/09/90  House  Introduced and read first time HJ-41
   01/09/90  House  Referred to Committee on Judiciary HJ-41
   03/07/90  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   03/08/90  House  Amended HJ-30
   03/08/90  House  Read second time HJ-31
   03/08/90  House  Unanimous consent for third reading on next
                     legislative day HJ-31
   03/09/90  House  Read third time and sent to Senate HJ-3
   03/13/90  Senate Introduced and read first time SJ-25
   03/13/90  Senate Referred to Committee on Judiciary SJ-25
   05/03/90  Senate Committee report: Favorable with amendment
                     Judiciary SJ-23
   05/09/90  Senate Amended SJ-25
   05/09/90  Senate Read second time SJ-25
   05/15/90  Senate Amended SJ-12
   05/15/90  Senate Read third time and returned to House with
                     amendments SJ-12
   05/30/90  House  Concurred in Senate amendment and enrolled HJ-34
   06/05/90         Ratified R 680
   06/06/90         Signed By Governor
   06/06/90         Effective date 06/06/90
   06/06/90         Act No. 555
   07/02/90         Copies available



(A555, R680, H4202)

AN ACT TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT FEES CHARGED BY A PUBLIC BODY MUST BE UNIFORM FOR COPIES OF THE SAME RECORD OR DOCUMENT, EXCEPT THAT 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.

Be it enacted by the General Assembly of the State of South Carolina:

Authorized copying fees revised

SECTION 1. Section 30-4-30(b) of the 1976 Code is amended to read:

"(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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 6th day of June, 1990.




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