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Bill 3999

                    Current Status

Bill Number:                      3999
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010424
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison
Drafted Document Number:          l:\council\bills\skb\18367som01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20020404
Subject:                          Administrative procedures, Freedom of 
                                  Information; request for public records; 
                                  Courts, Administrative Law Judge


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020409  Introduced, read first time,           11 SJ
                  referred to Committee
House   20020405  Read third time, sent to Senate
House   20020404  Amended, read second time, 
                  unanimous consent for third reading 
                  on Friday, 20020405
------  20020403  Scrivener's error corrected
House   20020402  Committee report: Favorable with       25 HJ
                  amendment
House   20010424  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 2, 2002 - Word format
Revised on April 3, 2002 - Word format
Revised on April 4, 2002 - Word format

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 4, 2002

    H. 3999

S. Printed 4/4/02--H.

Read the first time April 24, 2001.

TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITIONS FOR "AGENCY" AND "CONTESTED CASE" TO INCLUDE A PERSON CHALLENGING THE DENIAL BY A PUBLIC BODY OF THE RELEASE OF A PUBLIC RECORD UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO ADD JURISDICTION TO HEAR PROCEEDINGS BROUGHT WHEN A PERSON CHALLENGES THE DENIAL OF A REQUEST TO RELEASE PUBLIC RECORDS; TO AMEND SECTION 30-4-30, AS AMENDED, RELATING TO THE FREEDOM OF INFORMATION ACT AND THE PUBLIC'S RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO PROVIDE A SHORTER TIME FRAME FOR REQUESTS TO BE ANSWERED, TO PROVIDE THAT THE FAILURE TO RESPOND BARS THE ASSERTION OF A CLAIM OF EXEMPTION FROM DISCLOSURE EXCEPT IN LIMITED CIRCUMSTANCES, TO PROVIDE THAT WHEN A REQUEST IS GRANTED THE DOCUMENTS MUST BE MADE AVAILABLE IMMEDIATELY, AND TO PROVIDE THAT A REQUESTER WHOSE REQUEST FOR RECORDS IS DENIED MAY FILE A CONTESTED CASE PROCEEDING BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION AND, IF THE JUDGE RULES THE REQUEST MUST BE GRANTED, BE AWARDED ATTORNEY'S FEES AND COSTS FOR THE PROCEEDING BEFORE THE DIVISION; AND TO AMEND SECTION 30-4-100, RELATING TO THE COURT'S JURISDICTION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION TO HEAR CERTAIN CASES.

    Amend Title To Conform

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

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

    "(c)    Each public body, upon written request for records made under this chapter, shall within fifteen ten days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of any such request notify the person making such request of its determination and the specific reasons therefor if the request is denied. Such a The determination shall constitute constitutes the final opinion of the public body as to the public availability of the requested public record and, if the request is granted, the record must be furnished or made available for inspection or copying. If written notification of the determination of the public body as to the availability of the requested public record is neither mailed nor personally delivered to the person requesting the document public record within the fifteen ten days allowed herein, the request must be considered approved granted."

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

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