South Carolina Freedom of Information Act
The South Carolina Freedom of Information Act is a series of laws designed to guarantee that the public has access to public records of governmental bodies in South Carolina.
The South Carolina Open Meetings Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: South Carolina FOIA procedures
Recent news
- See also: South Carolina transparency headlines
Transparency blocking
- SCRA Chairman Calls for Investigation into CEO 2010-12-03 20:45:03
- Details hard to find at S.C. State 2010-11-24 11:47:18
- Where did the money go? 2010-11-24 11:18:26
More transparency blocking news from across the country.
Litigation
- SC officials charged with violating FOIA 2010-10-22 14:24:13
- FOI case in Anderson moves forward 2009-06-17 12:15:02
- Businessman adds lawsuit against Anderson County 2009-06-17 12:08:13
More FOIA litigation news from across the country.
Legislation
- Roll-Call Voting Bill Fizzles in Senate 2010-08-25 12:12:00
- SC Audits and information 2009-06-17 12:05:45
More FOIA legislation news from across the country.
Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in South Carolina. For more information go the page or go to South Carolina sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Quality Towing Inc. v. City of Myrtle Beach | 2001 |
| Weston v. Carolina Research and Development Foundation | 1991 |
Proposed changes
- See sample transparency legislation at the Sunshine Standard
2011
We do not currently have any legislation for South Carolina in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
2010
Here are a list of 30 random bills from South Carolina from 2010. For a full list, please see South Carolina transparency legislation.
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2009
House Bill 3537
House Bill 3537 [1] seeks to require South Carolina school districts to pay for random performance audits meant to ensure that district spending is consistent with stated district goals. This bill was inspired by a controversy in Spartenburg District 7 where the board secretly decided to pay a country club $325,000 so that district golf teams could play there. [2]
South Carolina's transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked South Carolina #30 in the nation with an overall percentage of 50.50%. [3]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave South Carolina 59 points out of a possible 100, a letter grade of "F", and a ranking of 15 out of the 50 states.[4]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked South Carolina's law as the 16th best in the country, giving it a letter grade of "C".[5]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The declared legal intention of the law states:"The General Assembly finds that it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy. Toward this end, provisions of this chapter must be construed so as to make it possible for citizens, or their representatives, to learn and report fully the activities of their public officials at a minimum cost or delay to the persons seeking access to public documents or meetings."[6]
What records are covered?
South Carolina's definition of records includes all records, no matter their physical characteristics, that were "prepared, owned, used, in the possession of, or retained by a public body."[7]
Exemptions
Notable exceptions include but are not limited to:
- "income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration, and circulation of library materials which contain names or other personally identifying details" [7]
- Examinations
- Security information
- Trade secrets
- Law enforcement records
- Proposed contracts and land purchases/sales
- Attorney-Client information where the public agency acts as a client
- "Memoranda, correspondence, and working papers in the possession of individual members of the General Assembly or their immediate staffs" [8]
- Donor identities
- Applicant information
- Personal information of individuals who have made complaints
- Autopsy photos
Deliberative process
What agencies are covered?
South Carolina's definition of agencies includes all branches of government at both the state and local levels as well as any organization that is supported by any public funds. [7]
Legislature
The legislature falls under the definition of public body found at South Carolina FOIA 30-4-20 and is subject to the South Carolina Freedom of Information Act.
Privatized governmental agencies
In South Carolina, private entities which receive or expend public funds or perform a public function are considered public bodies and subject to the South Carolina Freedom of Information Act.[9]
Public universities
Status: Presumed Open Popular Exemptions Research Donors Examinations Course Materials [10]
The definition of public body presumably includes public universities within the state. However, testing and exam material are explicitly exempted under South Carolina FOIA 30-4-40.
Who may request records?
Anyone may request public documents in South Carolina. The law states that, "any person has a right to inspect or copy any public record of a public body." [11]
Must a purpose be stated?
South Carolina does not require a statement of purpose but does restrict the use of records implying the potential for requests of purpose.
How can records be used?
South Carolina law prohibits the use of police reports, information about disabled individuals and employee information for commercial purposes. [12][13]
Time allowed for response
- 15 days
South Carolina law allows for 15 business days to respond to records requests. [14]
Fees for records
Copy costs:
South Carolina law allows for the charging of fees to include the cost of duplication. [15]
Search fees:
South Carolina also allows public agencies to charge a reasonable hourly fee for the cost of search. However, the fee is not to include the cost of determining if the record is exempt or non-exempt.[16]
Role of the Attorney General
Besides issuing advisory opinions in regards to the state's open records law, the State Attorney General plays no active litigative role in the enforcement of the right of the public to access governmental records.
Open meetings
The South Carolina Open Meetings Law states that, with some exceptions, all meetings of public bodies must be open to the public.
Notable requests
See also
- South Carolina FOIA procedures
- South Carolina transparency headlines
- South Carolina transparency advocates
- South Carolina transparency legislation
- Private agency, public dollars-South Carolina
- South Carolina Open Meetings Law
External links
- South Carolina Freedom of Information Act
- Open Government Guide to South Carolina
- Past articles on South Carolina
- South Carolina Press Association Guide to FOIA
References
- ↑ Text and Status of HB3537
- ↑ Audits and information, Go Upstate, February 16, 2009
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ South Carolina Code of Laws, section 30-4-15.
- ↑ 7.0 7.1 7.2 South Carolina FOIA 30-4-20
- ↑ South Carolina FOIA 30-4-40
- ↑ Private agency, public dollars-South Carolina
- ↑ South Carolina FOIA 30-4-40
- ↑ South Carolina Code of Laws, 30-4-30
- ↑ South Carolina FOIA 30-4-40
- ↑ South Carolina FOIA 30-4-50
- ↑ South Carolina Code of Laws, 30-4-30
- ↑ South Carolina Code of Laws, 30-4-30
- ↑ South Carolina Code of Laws, 30-4-30
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State of South Carolina Columbia (capital) |
|---|---|
| Transparency |
Freedom of Information Act | Transparency Checklist | Government corruption reports | Transparency Legislation | Open Records procedures | Transparency Advocates | Transparency blogs | State budget | Taxpayer-funded lobbying associations | |
| Divisions |
State |
List of Counties |
List of Cities |
List of Towns |
List of School Districts | |
| Government |
South Carolina State Constitution | Executive | House of Representatives | Senate | |
| Judiciary |
South Carolina Supreme Court | Court of Appeals | Judicial selection process | Judicial news | Judicial activist organizations | |
| Ballot Measures |
Ballot measures | List of 2008 ballot measures | Amending the constitution | History of direct democracy | Campaign finance requirements | |
