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

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.