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H 3163 - Changes the current Freedom of Information Act law

Tracking Level: Of Interest
Sponsor: Bill Taylor (R)
Last Action: 3/20/2013 - House - Recommitted to Committee on Judiciary
House Committee: Judy
Assigned To:
FOIANext Bill
Staff: Staff contact: Warren Harley (wharley@masc.sc)

Staff Analysis of the Legislation

02.26.2013 The House Judiciary committee gave this bill a favorable report with amendments. The amendments remove the FOIA exemption for legislators. It also allows a public body to charge for electronic records if they are printed or copied.The amendment also provides that if a deposit is required for the public record, the time to provide the record does not start until the deposit has been paid.
02.19.2013 The House Judiciary committee adjourned debate on this bill.
02.07.2013 The House Judiciary Special Laws subcommittee gave this bill a favorable report with amendments. The amendments do the following:
  • Allow the public body to establish and collect reasonable fees not to exceed the actual cost of the search, retrieval, and redaction of records and the public body must develop a fee schedule to be posted on line 
  • The fee for the search, retrieval, or redaction of records shall not exceed the prorated hourly salary of the lowest paid employee who performs the request
  • The fee schedule must list the salary level of the representative of the public body designated to respond to requests and the hourly rate for the search, retrieval, or redaction of records based on the designated employee's salary level
  • The public body has ten days (excepting Saturdays, Sundays, and legal public holidays) to respond to request
  • Creates the Office of Freedom of Information Act Review and allows disputes between public body and person making FOIA request to be heard in the Office of Freedom of Information Act Review. This office is under the Administrative Law Court.

01.31.2013 The House Judiciary Special Laws subcommittee carried this bill over until next week.
01.17.2013 The House Judiciary Special Laws subcommittee carried this bill over until next week.
Summary of the bill as introduced: Changes the time period to answer a request, the cost to answer the request, and increases fines for violation.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text

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Municipal Association of South Carolina
1411 Gervais St., PO Box 12109, Columbia, SC 29211
Phone: 803.799.9574, Fax: 803.933.1299, mail@masc.sc