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4Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990112Primary Sponsor: LeventisAll Sponsors: Leventis, Elliott, Branton, Rankin, ReeseDrafted Document Number: l:\s-res\ppl\001info.jjj.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJDate of Last Amendment: 20000427Subject: State Government business, information to Governor, General Assembly; furnishing of, AgenciesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000502 Introduced, read first time, 25 HJ referred to Committee Senate 20000428 Read third time, sent to House Senate 20000427 Unanimous consent for third reading on Friday, 20000428 Senate 20000427 Amended, read second time Senate 20000426 Committee report: Favorable with 11 SJ amendment Senate 19990112 Introduced, read first time, 11 SJ referred to Committee Senate 19981118 Prefiled, referred to Committee 11 SJ Versions of This Bill Revised on April 26, 2000 - Word format Revised on April 27, 2000 - Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 27, 2000
Introduced by Senators Leventis, Elliott, Branton, Rankin and Reese
S. Printed 4/27/00--S.
Read the first time January 12, 1999.
TO AMEND SECTION 1-3-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMEDIATELY FURNISHING INFORMATION ON THE AFFAIRS OR ACTIVITIES OF STATE GOVERNMENT TO THE GOVERNOR, SO AS TO PROVIDE THAT INFORMATION ALSO MUST BE IMMEDIATELY FURNISHED TO MEMBERS AND COMMITTEES OF THE GENERAL ASSEMBLY, TO DEFINE RESPONSIBLE OFFICIAL, AND TO PROVIDE THAT A RESPONSIBLE OFFICIAL MUST BE SUSPENDED FOR WILFULLY FAILING TO IMMEDIATELY FURNISH INFORMATION.
Amend Title To Conform
SECTION 1. Section l-3-10 of the 1976 Code is amended to read:
"Section 1-3-10. (A) For purposes of this section:
(1) 'Immediately' means a period not to exceed ten days unless otherwise agreed to by the requestor;
(2) 'Requestor' means the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the chairman of any standing committee of the Senate or House of Representatives;
(3) 'Responsible official' means the chief administrative officer or agency or department head of an entity, by whatever designation known. A responsible official shall be the person required to comply with any written request made pursuant to the provisions of this section.
The Notwithstanding any other provision of law, the responsible official of each departments department, bureaus bureau, divisions division, officers office, boards board, commissions commission, institutions institution, or any and other agencies agency or undertakings undertaking of the State, upon receipt of a written request from the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, or the chairman of any standing committee of the Senate or House of Representatives, shall must immediately furnish to the Governor requestor, in such form as he may require delineated in the written request, any information desired by him in relation to their regarding any of the respective affairs or activities of the entities governed by this section, except as provided in subsection (C). If the format requested does not exist, the responsible official, after notifying the requestor, must immediately suggest an alternative format or furnish the requestor any existing informational format which serves the requestor's purposes. Any person who obtains information pursuant to this section is subject to the rules and laws governing the confidentiality of the information. Information furnished pursuant to this section continues to be subject to the same rules and laws governing the confidentiality of the information which governed the information prior to the information being furnished to the requestor.
(C) The following information is exempt from disclosure under this section:
(1) Correspondence or work products of legal counsel and any other material that would violate an attorney-client relationship.
(2) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation.
(3) Information of a personal or medical nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. Information of a personal nature includes, but is not limited to, information as to gross receipts contained in applications for business licenses and information relating to public records which include the name, address, and telephone number or other such information of an individual or individuals who are handicapped or disabled when the information is requested for person-to-person commercial solicitation of handicapped persons solely by virtue of their handicap. This provision must not be interpreted to restrict access to information contained in public records.
(4) Records of law enforcement and public safety agencies not otherwise available by law that were compiled in the process of detecting and investigating crime if the disclosure of the information would harm the agency by:
(a) disclosing the identity of informants not otherwise known;
(b) the premature release of information to be used in a prospective law enforcement action;
(c) disclosing investigatory techniques not otherwise known outside the government; or
(d) endangering the life, health, or property of any person.
(5) Except as provided in subsection (B), matters specifically exempted from disclosure by statute or law.
(D) Information requested pursuant to this section must be used only for the requestor's use if the responsible official certifies that release of the information may have an effect upon pending business, personnel, or law enforcement actions. When negotiations are completed or the reason for secrecy no longer exists, the information requested is available for distribution.
(E) Within ten days of the receipt of the written request for information, the responsible official may petition for an in camera hearing before an administrative law judge to determine if the information is exempt from disclosure.
(1) The administrative law judge must hold the hearing within ten days of the receipt of the petition and issue a decision on the matter no later than five days after the hearing. The decision of the administrative law judge is not subject to review under Chapter 23 of Title 1.
(2) If the administrative law judge determines that the information is not exempt, the information must be provided to the requestor, and the responsible official must deliver it to the requestor within two days of the judge's decision.
(3) If the administrative law judge determines that the information is exempt, the body of the General Assembly from which the request originated, if applicable, may override the exemption by adopting a resolution to require the disclosure of the information to the requestor.
(4) Upon the filing of a written notice by the requestor setting forth the specific facts to the governing authority of an entity that a responsible official has wilfully or knowingly failed or refused to comply with the order of the administrative law judge to release the information or refused to comply with a resolution passed by a body of the General Assembly, the responsible official must be suspended without pay by the governing authority of the entity until such time as a hearing can be held subject to the provisions of Chapter 23 of Title 1; but in no event shall the suspension exceed ten days.
(5) Notwithstanding any other provision of law, no responsible official shall be terminated from employment or removed from office for a violation of this section, except as provided for in Section 2 of Article XV of the South Carolina Constitution."
SECTION 2. This act takes effect upon approval by the Governor.
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