South Carolina S 6: Independent Reapportionment Commission
Status: Referred to Committee on Judiciary (as of 2019-01-08)
State: South Carolina · Session: 2019-2020 · Bill: S 6
Sponsors: Harpootlian, Kimpson, McElveen, McLeod, Setzler
Bill Text
2025-2026 Bill 6 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 6 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO PROVIDE FOR A TIMELINE OF FIVE DAYS FOR PROVIDING RECORDS WITH CERTAIN RESPONSES, TO PROVIDE THAT THE APPROPRIATE COURT CAN BE PETITIONED FOR ADDIITIONAL TIME TO RESPOND, AND TO PROVIDE THAT A FAILURE TO RESPOND TO A REQUEST IS DEEMED A DENIAL AND A VIOLATION OF THIS CHAPTER. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 30-4-30 of the S.C. Code is amended to read: Section 30-4-30. (A)(1) A person has a right to inspect, copy, or receive an electronic transmission of any public record of a public body, except as otherwise provided by Section 30-4-40, or other state and federal laws, in accordance with reasonable rules concerning time and place of access. This right does not extend to individuals serving a sentence of imprisonment in a state or county correctional facility in this State, in another state, or in a federal correctional facility; however, this may not be construed to prevent those individuals from exercising their constitutionally protected rights, including, but not limited to, their right to call for evidence in their favor in a criminal prosecution under the South Carolina Rules of Criminal Procedure. (2) A public body is not required to create an electronic version of a public record when one does not exist to fulfill a records request. (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 may 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. (C) Each public body, upon written request for records made under this chapter, shall promptly, but in all cases within ten five days (excepting Saturdays, Sundays, and legal public holidays) of the receipt of the request, provide the requested records to the requester or make one of the following responses in writing: (1) The requested records are being entirely withheld. Such response shall identify with reasonable particularity the volume and subject matter of withheld records, and cite, regarding each category of withheld records, the specific Code section that authorizes the withholding of the records. (2) The requested records are being provided in part and are being withheld in part. Such response shall identify with reasonable particularity the subject matter of withheld portions, and cite, as to each category of withheld records, the specific Code section that authorizes the withholding of the records. (3) The requested records could not be found or do not exist. However, if the public body that received the request knows that another public body has
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