South Carolina General Assembly
116th Session, 2005-2006

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Bill 4835


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A REQUEST MUST BE ANSWERED WITHIN THREE DAYS OF RECEIPT, AND TO PROVIDE THAT WHEN A REQUEST IS GRANTED THE DOCUMENTS MUST BE MADE AVAILABLE IMMEDIATELY.

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 pursuant to the provisions of this chapter, shall notify within fifteen three days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of any such a request notify the person making such the request of its determination and the specific reasons therefore for it if the request is denied. Such a This 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 immediately 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 three days allowed herein by this subsection, the request must be considered approved granted. If the public body is unable to search for and make the requested public record available within the three days allowed as provided by the provisions of this subsection, it shall state in writing, mailed or delivered personally to the person requesting the public record, the reason for the delay. Unless the person requesting the public record consents to extend the time for making the public record available for inspection and coping, the public body shall make the public record available within fifteen days (including Saturdays, Sundays, and legal public holidays) of the request."

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

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