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H 3191 - Creates the Office of Freedom of Information Act Review with in Administrative Law Court

Tracking Level: Priority
Sponsor: Weston Newton (R)
Last Action: 3/17/2016 - Scrivener's error corrected
House Committee:
Assigned To:
FOIANext Bill

Staff Analysis of the Legislation

03.15.2016 The Senate Judiciary Committee gave this bill a favorable report as amended by the subcommittee. There was a minority report placed on the bill.
03.01.2016 The Senate Judiciary Committee carried this bill over.
02.16.2016 The Senate Judiciary Committee carried this bill over.
02.09.2016 The Senate Judiciary Committee carried this bill over.
02.03.2016 A Senate Judiciary subcommittee gave this bill a favorable report with an amendment. The amendment provides that an appeal from the Administrative Law Court automatically halts the the FOIA production requirement. The amendment also clarifies that a public body has the ability to appeal an action to the Office of FOIA review, it adds greater flexibility to the final documentation production time and protects public bodies from FOIA requests that seek personal information for commercial solicitation.
01.21.2016 A Senate Judiciary subcommittee met and heard testimony on this bill but did not take action.
05.20.2015 A Senate Judiciary subcommittee adjourned debate on this bill.
05.13.2015 A Senate Judiciary subcommittee carried this bill over.
05.06.2015 A Senate Judiciary subcommittee carried this bill over.
02.10.2015 The House Judiciary Committee gave this bill a favorable report with amendments. The amendments set attorney's fees, remove two hours of free time for records retrieval that was included in the previous versions, and specifies that the 30 day production deadline doesn't start running until the 25 percent deposit has been paid by the party submitting a request. 
02.04.2015 The House Judiciary Constitutional Laws subcommittee gave this bill a favorable report.
Summary of the bill as introduced: Creates the Office of Freedom of Information Act Review within Administrative Law Court and reduces the time in which a public body has to respond to requests from 15 days to ten days.

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Session 121 - (2015-2016)Printer Friendly
(pdf format)
H 3191 General Bill, By Newton, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Finlay, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy and Clary
Summary: Create the Office of Freedom Act Review
    A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-665 SO AS TO CREATE THE OFFICE OF FREEDOM OF INFORMATION ACT REVIEW WITHIN THE ADMINISTRATIVE LAW COURT, TO PROVIDE FOR THE ADMINISTRATION, FUNCTIONS, AND RELATED PROCEDURES OF THE OFFICE, ITS HEARING OFFICERS, AND APPEALS FROM DECISIONS OF THE OFFICE; TO AMEND SECTION 30-4-30, RELATING TO THE RIGHT TO INSPECT OR COPY PUBLIC RECORDS, SO AS TO EXPAND THE RIGHT TO INCLUDE RECEIPT OF EXISTING ELECTRONIC TRANSMISSIONS OF PUBLIC RECORDS, TO REVISE THE MANNER IN WHICH RELATED FEES AND CHARGES MAY BE ESTABLISHED AND COLLECTED, TO REDUCE THE TIME IN WHICH A PUBLIC BODY MUST RESPOND WITH NOTICE OF ITS FINAL DETERMINATION CONCERNING A RECORDS REQUEST FROM FIFTEEN TO TEN DAYS, TO PROVIDE TWO SETS OF TIME LIMITS WITHIN WHICH RECORDS SUBSEQUENTLY MUST BE FURNISHED OR MADE AVAILABLE FOR INSPECTION OR COPYING BASED ON WHETHER THE DOCUMENTS ARE LESS OR MORE THAN TWO YEARS OLD, TO INCLUDE AMONG THOSE RECORDS THAT MUST BE AVAILABLE FOR COPYING AND INSPECTION WITHOUT WRITTEN REQUEST DURING NORMAL BUSINESS HOURS ALL DOCUMENTS PRODUCED BY THE PUBLIC BODY OR ITS AGENT THAT WERE DISTRIBUTED TO OR REVIEWED BY ANY MEMBER OF THE PUBLIC BODY DURING A PUBLIC MEETING FOR THE PRECEDING SIX-MONTH PERIOD, AND TO PROVIDE THAT A PUBLIC BODY MAY COMPLY WITH REQUIREMENTS FOR MAKING CERTAIN RECORDS AVAILABLE FOR COPYING AND INSPECTION WITHOUT WRITTEN REQUEST DURING NORMAL BUSINESS HOURS BY MAKING THE RECORDS AVAILABLE ON A PUBLICLY AVAILABLE INTERNET WEBSITE; TO AMEND SECTION 30-4-100, RELATING TO REMEDIES AVAILABLE FOR VIOLATIONS, SO AS TO INCLUDE HEARINGS BEFORE THE OFFICE OF FREEDOM OF INFORMATION ACT REVIEW TO SEEK SPECIFIC ENFORCEMENT, TO CHALLENGE THE REASONABLENESS OF FEES, AND TO SEEK RELIEF FROM UNDULY BURDENSOME, OVERLY BROAD, AND OTHERWISE IMPROPER REQUESTS TO PUBLIC BODIES; AND TO AMEND SECTION 30-4-110, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO REMOVE EXISTING CRIMINAL PENALTIES, TO PROVIDE A PRIVATE CAUSE OF ACTION FOR A VIOLATION, AND TO PROVIDE FOR THE AWARD OF DAMAGES AND ATTORNEY FEES.
View full text          View Vote History          View Fiscal Impact
12/18/14House Prefiled
12/18/14House Referred to Committee on Judiciary
01/13/15House Introduced and read first time (House Journal-page 141)
01/13/15House Referred to Committee on Judiciary (House Journal-page 141)
02/11/15House Committee report: Favorable with amendment Judiciary (House Journal-page 59)
02/17/15House Debate adjourned until Wed., 2-18-15 (House Journal-page 8)
02/18/15House Amended (House Journal-page 11)
02/18/15House Read second time (House Journal-page 11)
02/18/15House Roll call Yeas-90 Nays-16 (House Journal-page 26)
02/19/15House Read third time and sent to Senate (House Journal-page 11)
02/19/15 Scrivener's error corrected
02/24/15Senate Introduced and read first time (Senate Journal-page 10)
02/24/15Senate Referred to Committee on Judiciary (Senate Journal-page 10)
04/24/15Senate Referred to Subcommittee: Campsen (ch), Bright, Scott, Allen, Young
01/19/16Senate Referred to Subcommittee: Campsen (ch), Malloy, Bright, Allen, Young
03/16/16Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary (Senate Journal-page 8)
03/17/16 Scrivener's error corrected



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