A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 30-4-30, RELATING TO FEES FOR RECORDS THAT PUBLIC BODIES MAY ESTABLISH AND COLLECT UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE MEMBERS OF THE GENERAL ASSEMBLY MUST RECEIVE COPIES OF RECORDS OR DOCUMENTS AT NO CHARGE FOR REQUESTS RELATING TO THEIR LEGISLATIVE DUTIES.

 

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

 

SECTION 1.  Section 30-4-30(B) of the S.C. Code is amended to read:

 

    (B) The public body may establish and collect fees as provided for in this section. The public body may establish and collect reasonable fees not to exceed the actual cost of the search, retrieval, and redaction of records. The public body shall develop a fee schedule to be posted online. The fee for the search, retrieval, or redaction of records shall not exceed the prorated hourly salary of the lowest paid employee who, in the reasonable discretion of the custodian of the records, has the necessary skill and training to perform the request. Fees charged by a public body must be uniform for copies of the same record or document and may not exceed the prevailing commercial rate for the producing of copies. Copy charges may not apply to records that are transmitted in an electronic format. If records are not in electronic format and the public body agrees to produce them in electronic format, the public body may charge for the staff time required to transfer the documents to electronic format. However, members of the General Assembly maymust receive copies of records or documents at no charge from public bodies when their request relates to their legislative duties. The records must be furnished at the lowest possible cost to the person requesting the records. Records must be provided in a form that is both convenient and practical for use by the person requesting copies of the records concerned, if it is equally convenient for the public body to provide the records in this form. Documents may be furnished when appropriate without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Fees may not be charged for examination and review to determine if the documents are subject to disclosure. A deposit not to exceed twenty-five percent of the total reasonably anticipated cost for reproduction of the records may be required prior to the public body searching for or making copies of records.

 

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

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