South Carolina General Assembly
113th Session, 1999-2000

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Bill 4494


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 19, 2000

H. 4494

Introduced by Reps. Klauber, Hawkins, McGee and Simrill

S. Printed 4/19/00--H.

Read the first time January 27, 2000.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4494), to amend Section 30-4-30, as amended, 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Section 30-4-100(a) of the 1976 Code is amended to read:

"(a) Any citizen of the State may apply to the circuit court for either or both a declaratory judgment and injunctive relief to enforce the provisions of this chapter in appropriate cases as long as such application is made no later than one year following the date on which the alleged violation occurs or one year after a public vote in public session, whichever comes later. The court may order equitable relief as it considers appropriate, and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists. Trials on the merits in contested suits for declaratory judgment or injunctive relief filed pursuant to this Chapter must be given precedence over other non-jury matters for trial, but such cases may not be called for trial until 120 days after the filing of the summons and complaint unless a shorter period of time is agreed to in writing by all parties to the suit."

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

Amend title to read:

TO AMEND SECTION 30-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INJUNCTIVE RELIEF ENFORCEMENT, ATTORNEY'S FEES AND COSTS REGARDING CASES BROUGHT UNDER THE PROVISIONS OR THE FREEDOM OF INFORMATION ACT, SO AS TO GIVE PRECEDENCE TO CONTESTED CASES ON THE MERITS OVER NON-JURY MATTERS FOR TRIAL.

Majority favorable. Minority unfavorable.

JAMES H. HARRISON FLETCHER NATHANIEL

For Majority. SMITH, JR.

For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

EXPLANATION OF IMPACT:

The Judicial Department states that this proposed legislation would require additional court time to conduct expedited hearings on any denial of records under the Freedom of Information Act. The total number of cases that may come before the courts is undeterminable, based upon the court information available. If the number of cases exceeds what the current pool of circuit court judges can absorb, additional judges would be needed. The cost associated with one additional judge and staff (administrative assistant, court reporter and law clerk) is approximately $303,593 for personal services and associated operating expenses and $26,620 of non-recurring cost for automation and furniture. The addition of new judges would also require more courtroom space, an expense borne by county government.

Approved By:

Les Boles

Office of State Budget

A BILL

TO AMEND SECTION 30-4-30, AS AMENDED, 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 AUTHORIZE AN EXPEDITED HEARING BEFORE A CIRCUIT JUDGE IF THE PUBLIC BODY DISAPPROVES RELEASING REQUESTED RECORD AND PROVIDE FOR THE PAYMENT OF COURT COSTS AND ATTORNEY FEES IF THE REQUESTOR IS SUCCESSFUL IN CIRCUIT COURT.

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

SECTION 1. Section 30-4-30 of the 1976 Code, as last amended by Act 423 of 1998, is amended by adding:

"(e) If a public body disapproves a request for a record under the provisions of this section, the requestor may seek and must be granted an expedited hearing before a circuit judge on the question of the release of the record. If the requestor is successful in circuit court, he is entitled to court costs and attorney fees which must be paid by the public body."

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

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