Current Status Bill Number:190 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Rose All Sponsors:Rose, Elliott Drafted Document Number:PT\1489DW.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Public funds, disclosure requirements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 11 SJ
referred to Committee
Senate 19941017 Prefiled, referred to Committee 11 SJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-35 SO AS TO PROVIDE THAT RECORDS OF A PRIVATE ORGANIZATION, FOUNDATION, COMMITTEE, AGENCY, OR BOARD THAT RECEIVES OR EXPENDS PUBLIC FUNDS ARE SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; AND TO AMEND SECTION 30-4-20 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE IN THE DEFINITION OF "PUBLIC BODY", A PRIVATE ORGANIZATION, FOUNDATION, COMMITTEE, AGENCY, OR BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 30-4-35. (A) A person has a right to inspect or copy any record, except as provided by Section 30-4-40, containing information on the receipt or expenditures of public funds in the possession or control of a private organization, foundation, committee, agency, or board. The entire record as maintained by the private entity is subject to a request under this section even though private funds have been intermingled with public funds.
(B) The procedures for disclosure set forth in Section 30-4-30 must be followed."
SECTION 2. Section 30-4-20(a) of the 1976 Code is amended to read:
"(a) `Public body' means any department of the State, any state board, commission, agency, and authority, any public or governmental body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including committees, subcommittees, advisory committees, and the like of any such body by whatever name known, and includes any quasi-governmental body of the State and its political subdivisions, including, without limitation, bodies such as the South Carolina Public Service Authority and the South Carolina State Ports Authority. Public body also includes a private organization, foundation, committee, agency, or board that receives or expends public funds. Committees of health care facilities, which are subject to this chapter, for medical staff disciplinary proceedings, quality assurance, peer review, including the medical staff credentialing process, specific medical case review, and self-evaluation, are not public bodies for the purpose of this chapter."
SECTION 3. This act takes effect upon approval by the Governor.