reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 29 - Mortgages and Other Liens › Chapter 15 - Miscellaneous Liens For Services, Damages, Storage Or Materials › Section 29-15-100. Lien on aircraft for labor performed, materials furnished, or contracts of indemnity provided.

(a) Every person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for his reasonable charges therefor, including reasonable charges for labor, for the use of tools, machinery and equipment, and for all accessories, materials, fuel, oils, lubricants, earned premiums, and other supplies furnished in connection with the servicing or furnishing of supplies or accessories, or providing contracts of indemnity for such aircraft. Such lien shall be dissolved unless the person claiming it shall file, within ninety days after such service, supplies, accessories or contracts of indemnity are furnished, in the office of the register of deeds or clerk of court of the county within which the aircraft was located at the time such service, supplies, accessories or contracts of indemnity were furnished, a statement, subscribed and sworn to by himself or by some person in his behalf, giving a just and true account of the demands claimed to be due to him, with all just credits, and also the name of the person to whom the service, supplies, accessories or contracts of indemnity were furnished, the name of the owner of the aircraft, if known, and a description of the aircraft sufficient for identification. Such statement shall be recorded by the register of deeds or clerk in a book kept by him for that purpose, for which he shall receive the same fees as for recording other papers of equal length.
(b) The lien on aircraft authorized by the provisions of subsection (a) may be enforced as provided in Sections 29-9-50 through 29-9-80 of the 1976 Code.
HISTORY: 1976 Act No. 739, Sections 1, 2.
Code Commissioner's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-10. Definitions.

(A) For the purposes of Sections 30-1-10 to 30-1-140 "public record" has the meaning as provided in Section 30-4-20(c). Nothing herein authorizes the Archives to make records open to the public in contravention of Sections 30-4-40, 30-4-50, and 30-4-70, respectively.
(B) "Public body" means any department of the State, any state board, commission, agency, and authority, any public or governmental body or political subdivision of the State, including counties, municipalities, townships, school districts, and special purpose districts, or any organization, corporation, or agency supported in whole or in part by public funds or expending public funds, including committees, subcommittees, advisory committees, and the like of any such body by whatever name known, and includes any quasi-governmental body of the State and its political subdivisions, including, without limitation, bodies such as the South Carolina Public Service Authority and the South Carolina Ports Authority.
(C) "Agency" means any state department, agency, or institution.
(D) "Subdivision" means any political subdivision of the State.
(E) "Archives" means the South Carolina Department of Archives and History.
(F) "Director" means the Director of the Department of Archives and History.
HISTORY: 1962 Code Section 1-581; 1973 (58) 350; 1985 Act No. 108, Section 2; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-20. Custodians of records; records officer.

The chief administrative officer of any agency or subdivision or any public body in charge of public records or creating, filing, or keeping public records is the legal custodian of these records and is responsible for carrying out the duties and responsibilities of this chapter which are assigned to public agencies, bodies, offices, or subdivisions. He may appoint a records officer to act on his behalf.
HISTORY: 1962 Code Section 1-582; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-30. Unlawful removing, defacing or destroying public records.

A person who unlawfully removes a public record from the office where it usually is kept or alters, defaces, mutilates, secretes, or destroys it is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars or imprisoned not more than thirty days. Magistrates and municipal courts have jurisdiction to try violations of this section.
HISTORY: 1962 Code Section 1-583; 1973 (58) 350; 1990 Act No. 546, Section 1; 1995 Act No. 2, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-40. Records shall be turned over to successor or to Archives.

A person having custody of public records, at the expiration of his term of office or employment, shall deliver to his successor, or if there is none, to the Archives, all public records in his custody.
HISTORY: 1962 Code Section 1-584; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-50. Penalty for failure to deliver records.

Fifteen days after receipt of a certified letter from the legal custodian of the record or the Director of the Archives, a person in possession of a public record who refuses or fails to deliver as required in this chapter the record to the requesting party is guilty of a misdemeanor and, upon conviction, is fined not exceeding five hundred dollars. In addition, the legal custodian of the public records or the Director of the Archives may apply by verified petition to the court of common pleas in the county of residence of the person withholding the records and the court shall upon proper showing issue orders for the return of the records to the lawful custodian or the Director of the Archives.
HISTORY: 1962 Code Section 1-585; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-70. Protection and restoration of records.

The legal custodian of public records shall protect them against deterioration, mutilation, theft, loss, or destruction and shall keep them secure in vaults or rooms having proper ventilation and fire protection in such arrangement as to be easily accessible for convenient use. They must be kept in the buildings in which they are ordinarily used except in cases where they may be transferred for retention or disposal in accord with Sections 30-1-10 to 30-1-140 or for special public display by the appropriate authority. The director may order the removal of public records from any facility which does not meet records storage standards approved by regulations promulgated by the Archives. If public records of long term or archival value are in danger of loss due to negligence, deterioration, theft, or unauthorized disposal or destruction, the director may order that the records be transferred to suitable storage for the purpose of security microfilming or other necessary preservation measures. Records must be maintained, copied, or repaired, renovated, rebound, or restored in accordance with standards required by regulation and approved by the department if they are worn, mutilated, damaged, difficult to read, or in danger of loss at the expense of the public body having custody or responsibility if these records are of long term or archival value as determined under the provisions of this chapter.
HISTORY: 1962 Code Section 1-587; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-80. Records management program.

A records management program directed to the application of efficient and economical management methods and relating to the creation, utilization, maintenance, retention, preservation, and disposal of public records must be established and administered by the Archives. It is the duty of that department to establish and develop standards, procedures, techniques, and schedules for effective management of public records, to make continuing surveys of recordmaking and recordkeeping operations, to recommend improvements in current records management practices, including the use of space, equipment, and supplies in creating, maintaining, and servicing records, to institute and maintain a training and information program in all phases of records and information management to bring approved and current practices, methods, procedures, and devices for the efficient and economical management of records to the attention of all agencies and subdivisions. The head of each agency, the governing body of each subdivision, and every public records custodian shall cooperate with the Archives in complying with the provisions of this chapter and to establish and maintain an active, continuing program for the economical and efficient management of the records of the agency or subdivision.
HISTORY: 1962 Code Section 1-588; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-90. Archives shall assist in creating, filing and preserving records; inventories and schedules.

(A) The Archives may examine the condition of public records and give advice and assistance to public officials in the solutions of their problems in creating, filing, preserving, and making available the public records in their custody. When requested by the Archives, agencies and subdivisions must assist the Archives in preparing an inclusive inventory of records in their custody and establishing records schedules mandating a time period for the retention of each series of records. These schedules must be approved by the governing body of each subdivision or the executive officer of each agency or body having custody of the records and by the Director of the Archives.
(B) In addition, general schedules for records series common to agencies and subdivisions may be issued by the Archives. Agencies and subdivisions must be allowed to opt out of these general schedules and proceed pursuant to the provisions of subsection (A) in the establishment of specific records schedules.
(C) The Archives has express authority to review all public records for appraisal and scheduling purposes, including those records designated as closed, confidential, and restricted by law. However, in certain cases the department may waive its authority to review certain records after its approval of procedures developed by the executive officer or public official in charge of the records to provide the department with information needed for appraisal and scheduling purposes.
(D) No records of long term or enduring value created, including those filed, kept, or stored electronically, or those records converted from paper to magnetic, optical, film, or other media in the transaction of public business may be disposed of, destroyed, or erased without an approved records schedule. All records disposals that are carried out in accordance with duly approved records schedules must be documented and reported in accordance with procedures developed by the Archives.
HISTORY: 1962 Code Section 1-589; 1973 (58) 350; 1990 Act No. 546, Section 1; 2003 Act No. 47, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-110. Destruction or other disposition of records.

The director may approve the destruction or other disposition of accessioned records of any agency or subdivision which are in the custody of the department and which, after due appraisal according to archival principles, are determined not to be of archival or continuing administrative, legal, or fiscal value.
HISTORY: 1962 Code Section 1-591; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-120. Inventorying, repairing and microfilming records.

(A) The Archives may execute a program of inventorying, repairing, and microfilming for security purposes the public records of the agencies and subdivisions which it determines have permanent value, and of providing safe storage of microfilm copies of those records.
(B) The legal custodian of public records may have records in his custody removed from his office to be microfilmed by the department for preservation purposes, provided the filming does not interfere with the transaction of public business.
HISTORY: 1962 Code Section 1-592; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-130. Microfilming or photocopying records; preservation or disposition of copies.

Any custodian of public records as defined by Sections 30-1-10 through 30-1-140 is authorized to photocopy, microfilm, or reproduce on film or by electrostatic method any part of the records kept by the office concerned unless otherwise prohibited by law or withheld from reproduction in the public interest. These copies may be used only in equipment or systems which accurately reproduce and preserve the original record in all details in a durable form. Each agency or subdivision shall preserve these photocopies, electrostatic copies, or films in conveniently accessible files and shall provide for preserving, examining, and using them. If the records are of permanent value to the agency or subdivision concerned or are determined to be of archival value by the Archives, one master copy of each record filmed must meet standards approved by the Archives and be deposited there. Custodians of public records may destroy the original records from which the photographs, microphotographs, films, or electrostatic copies have been made, or any part of them if the records are of no value to the agency concerned, and the Archives certifies that the records may be destroyed through this procedure or retention schedules approved by the Archives. The records microfilmed or reproduced and approved for destruction must be reported to the Archives in such manner as it may direct.
HISTORY: 1962 Code Section 1-593; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-140. Penalties for refusal or neglect to perform duty respecting records.

A public official or custodian of public records who refuses or wilfully neglects to perform any duty required of him by Sections 30-1-10 through 30-1-140, including the transfer of records to storage facilities approved by the Archives, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five thousand dollars.
HISTORY: 1962 Code Section 1-594; 1973 (58) 350; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-170. Use of loose-leaf record books.

All officers of the State and of counties and municipalities who are required to keep books of record may make use of loose-leaf record books for these purposes. The loose-leaf record book used must be one that can be locked and sealed when the book has been filled to its capacity with the proper pages of records, and the key to the book must always remain in the custody of the official in charge of the books of record.
HISTORY: 1962 Code Section 1-57; 1952 Code Section 1-57; 1942 Code Section 8893-1; 1940 (41) 1736; 1941 (42) 262, 295; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 1 - Public Records, Reports And Official Documents › Section 30-1-180. Inclusion of Eastern (Greek) Orthodox Church where names of major religions used.

Where the names of major religious faiths, Protestants, Catholics, and Jews, are used in resolutions, acts, or official papers of the State, or any of its political subdivisions, the name of the Eastern (Greek) Orthodox Church must be included.
HISTORY: 1962 Code Section 1-81; 1956 (49) 1658; 1990 Act No. 546, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-20. Privacy policies and procedures required of all state entities.

All state agencies, boards, commissions, institutions, departments, and other state entities, by whatever name known, must develop privacy policies and procedures to ensure that the collection of personal information pertaining to citizens of the State is limited to such personal information required by any such agency, board, commission, institution, department, or other state entity and necessary to fulfill a legitimate public purpose.
HISTORY: 2002 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-30. Definitions.

For purposes of this act, the following terms have the following meanings:
(1) "Personal information" means information that identifies or describes an individual including, but not limited to, an individual's photograph or digitized image, social security number, date of birth, driver's identification number, name, home address, home telephone number, medical or disability information, education level, financial status, bank account numbers, account or identification number issued by or used, or both, by any federal or state governmental agency or private financial institution, employment history, height, weight, race, other physical details, signature, biometric identifiers, and any credit records or reports.
"Personal information" does not mean information about boating accidents, vehicular accidents, driving violations, boating violations, or driver status, or names and addresses from any registration documents filed with the Department of Revenue as a business address which also may be a personal address.
(2) "Legitimate public purpose" means a purpose or use which falls clearly within the statutory charge or mandates of an agency, board, commission, institution, department, or other state entity.
(3) "Commercial solicitation" means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. "Commercial solicitation" does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities;
(c) selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or
(d) contacting persons for political purposes using information on file with state or local voter registration offices.
(4) "Medical information" includes, but is not limited to, blood samples and test results obtained and kept by the Department of Health and Environmental Control pursuant to Section 44-37-30.
HISTORY: 2002 Act No. 225, Section 1; 2003 Act No. 20, Section 1; 2003 Act No. 69, Section 3.II.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-40. Display of privacy policy on web site; access to personal information disclosure; criminal justice and judicial agency exception.

(A) Any state agency, board, commission, institution, department, or other state entity which hosts, supports, or provides a link to page or site accessible through the world wide web must clearly display its privacy policy and the name and telephone number of the agency, board, commission, institution, department, or other state entity person responsible for administration of the policy.
(B) Where personal information is authorized to be collected by an entity covered by this section, the entity must at the time of collection advise the citizen to whom the information pertains that the information is subject to public scrutiny or release.
(C) Subsection (B) does not apply to criminal justice or judicial agencies, or both.
HISTORY: 2002 Act No. 225, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-50. Obtaining personal information from state agency, local government, or other political subdivision for commercial solicitation; penalty.

(A) A person or private entity shall not knowingly obtain or use personal information obtained from a state agency, a local government, or other political subdivision of the State for commercial solicitation directed to any person in this State.
(B) Each state agency, local government, and political subdivision of the State shall provide a notice to all requestors of records pursuant to this chapter and to all persons who obtain records pursuant to this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.
(C) All state agencies, local governments, and political subdivisions of the State shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.
(D) A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
HISTORY: 2002 Act No. 225, Section 1; 2003 Act No. 20, Section 2; 2017 Act No. 67 (H.3352), Section 6, eff May 19, 2017.
Effect of Amendment
2017 Act No. 67, Section 6, amended the section, extending the prohibition against knowingly obtaining or using personal information to information obtained from local governments and political subdivisions of the State.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-300. Findings of General Assembly.

The General Assembly finds:
(1) The social security number can be used as a tool to perpetuate fraud against an individual and to acquire sensitive personal, financial, medical, and familial information, the release of which could cause great financial or personal harm to the individual. While the social security number was intended to be used solely for the administration of the federal Social Security System, over time this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes.
(2) Although there are legitimate reasons for state and local government entities to collect social security numbers and other personal identifying information from individuals, government entities should collect the information only for legitimate purposes or when required by law. An entity that provides employee benefits has a legitimate need to collect and use social security numbers and personal identifying information as part of its administration and provision of employee benefits programs.
(3) When state and local government entities possess social security numbers or other personal identifying information, the governments should minimize the instances this information is disseminated either internally within government or externally with the general public.
HISTORY: 2008 Act No. 190, Section 3.B, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-320. Disclosure of social security numbers and identifying information.

Social security numbers and identifying information may be disclosed:
(1) to another governmental entity or its agents, employees, or contractors, if disclosure is necessary for the receiving entity to perform its duties and responsibilities, including a debt collected pursuant to the Setoff Debt Collection Act, Section 12-56-10, and the Governmental Enterprise Accounts Receivable Collections program, Section 12-4-580. The receiving governmental entity and its agents, employees, and contractors shall maintain the confidential and exempt status of those numbers;
(2) pursuant to a court order, warrant, or subpoena;
(3) for public health purposes;
(4) on certified copies of vital records issued by the director of the Department of Health and Environmental Control as the state registrar, pursuant to Section 44-63-30 and authorized officials pursuant to Section 44-63-40. The state registrar may disclose personal identifying information other than social security number on an uncertified vital record;
(5) on a recorded document in the official records of the county;
(6) on a document filed in the official records of the courts; and
(7) to an employer for employment verification or in the course of administration or provision of employee benefit programs, claims, and procedures related to employment including, but not limited to, termination from employment, retirement from employment, injuries suffered during the course of employment, and other such claims, benefits, and procedures.
HISTORY: 2008 Act No. 190, Section 3.B, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-340. Petition for compliance; liability of register of deeds or clerk of court.

Any affected individual may petition the court for an order directing compliance with this section. Liability may not accrue to a register of deeds or clerk of court or to his agents for claims or damages that arise from a social security number or other identifying information on the public record.
HISTORY: 2008 Act No. 190, Section 3.B, eff December 31, 2008.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-500. Definitions.

Section effective July 1, 2024.
For the purposes of this article:
(1) "Personal contact information" means the home address or personal cellular telephone number of the eligible requesting party.
(2) "Eligible requesting party" means an active or former law enforcement officer who has filed a formal request under the provision of this article.
(3) "Law enforcement officer" means an active or former federal, state, or local certified law enforcement officer or corrections officer.
HISTORY: 2023 Act No. 56 (S.252), Section 1, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 2 - Family And Personal Identifying Information Privacy Protection › Section 30-2-700. Definitions.

Section effective July 1, 2024.
For the purpose of this article:
(1) "Personal contact information" means the home address or personal cellular telephone number of the eligible requesting party.
(2) "Eligible requesting party" means an active or a former judge who has filed a formal request under the provisions of this article.
HISTORY: 2023 Act No. 56 (S.252), Section 3, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-15. Findings and purpose.

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.
HISTORY: 1987 Act No. 118, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-45. Information concerning safeguards and off-site consequence analyses; regulation of access; vulnerable zone defined.

(A) The director of each agency that is the custodian of information subject to the provisions of 42 U.S.C. 7412(r)(7)(H), 40 CFR 1400 "Distribution of Off-site Consequence Analysis Information", or 10 CFR 73.21 "Requirements for the protection of safeguards information", must establish procedures to ensure that the information is released only in accordance with the applicable federal provisions.
(B) The director of each agency that is the custodian of information, the unrestricted release of which could increase the risk of acts of terrorism, may identify the information or compilations of information by notifying the Attorney General in writing, and shall promulgate regulations in accordance with the Administrative Procedures Act, Sections 1-23-110 through 1-23-120(a) and Section 1-23-130, to regulate access to the information in accordance with the provisions of this section.
(C) Regulations to govern access to information subject to subsections (A) and (B) must at a minimum provide for:
(1) disclosure of information to state, federal, and local authorities as required to carry out governmental functions; and
(2) disclosure of information to persons who live or work within a vulnerable zone.
For purposes of this section, "vulnerable zone" is defined as a circle, the center of which is within the boundaries of a facility possessing hazardous, toxic, flammable, radioactive, or infectious materials subject to this section, and the radius of which is that distance a hazardous, toxic, flammable, radioactive, or infectious cloud, overpressure, radiation, or radiant heat would travel before dissipating to the point it no longer threatens serious short-term harm to people or the environment.
Disclosure of information pursuant to this subsection must be by means that will prevent its removal or mechanical reproduction. Disclosure of information pursuant to this subsection must be made only after the custodian has ascertained the person's identity by viewing photo identification issued by a federal, state, or local government agency to the person and after the person has signed a register kept for the purpose.
HISTORY: 2002 Act No. 339, Section 30.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-55. Disclosure of fiscal impact on public bodies offering economic incentives to business; cost-benefit analysis required.

A public body as defined by Section 30-4-20(a), or a person or entity employed by or authorized to act for or on behalf of a public body, that undertakes to attract business or industry to invest or locate in South Carolina by offering incentives that require the expenditure of public funds or the transfer of anything of value or that reduce the rate or alter the method of taxation of the business or industry or that otherwise impact the offeror fiscally, must disclose, upon request, the fiscal impact of the offer on the public body and a governmental entity affected by the offer after:
(a) the offered incentive or expenditure is accepted, and
(b) the project has been publicly announced or any incentive agreement has been finalized, whichever occurs later.
The fiscal impact disclosure must include a cost-benefit analysis that compares the anticipated public cost of the commitments with the anticipated public benefits. Notwithstanding the requirements of this section, information that is otherwise exempt from disclosure under Section 30-4-40(a)(1), (a)(5)(c), and (a)(9) remains exempt from disclosure.
HISTORY: 2003 Act No. 86, Section 3.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-65. Cabinet meetings subject to chapter provisions; cabinet defined.

(A) The Governor's cabinet meetings are subject to the provisions of this chapter only when the Governor's cabinet is convened to discuss or act upon a matter over which the Governor has granted to the cabinet, by executive order, supervision, control, jurisdiction, or advisory power.
(B) For purposes of this chapter, "cabinet" means the directors of the departments of the executive branch of state government appointed by the Governor pursuant to the provisions of Section 1-30-10(B)(1)(i) when they meet as a group and a quorum is present.
HISTORY: 2003 Act No. 86, Section 6.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-90. Minutes of meetings of public bodies.

(a) All public bodies shall keep written minutes of all of their public meetings. Such minutes shall include but need not be limited to:
(1) The date, time and place of the meeting.
(2) The members of the public body recorded as either present or absent.
(3) The substance of all matters proposed, discussed or decided and, at the request of any member, a record, by an individual member, of any votes taken.
(4) Any other information that any member of the public body requests be included or reflected in the minutes.
(b) The minutes shall be public records and shall be available within a reasonable time after the meeting except where such disclosures would be inconsistent with Section 30-4-70 of this chapter.
(c) All or any part of a meeting of a public body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic or video reproduction, except when a meeting is closed pursuant to Section 30-4-70 of this chapter, provided that in so recording there is no active interference with the conduct of the meeting. Provided, further, that the public body is not required to furnish recording facilities or equipment.
HISTORY: 1978 Act No. 593, Section 10; 2001 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-100. Injunctive relief; costs and attorney's fees.

(A) A citizen of the State may apply to the circuit court for a declaratory judgment, injunctive relief, or both, to enforce the provisions of this chapter in appropriate cases if the application is made no later than one year after the date of the alleged violation or one year after a public vote in public session, whichever comes later. Upon the filing of the request for declaratory judgment or injunctive relief related to provisions of this chapter, the chief administrative judge of the circuit court must schedule an initial hearing within ten days of the service on all parties. If the hearing court is unable to make a final ruling at the initial hearing, the court shall establish a scheduling order to conclude actions brought pursuant to this chapter within six months of initial filing. The court may extend this time period upon a showing of good cause. The court may order equitable relief as it considers appropriate, and a violation of this chapter must be considered to be an irreparable injury for which no adequate remedy at law exists.
(B) If a person or entity seeking relief under this section prevails, he may be awarded reasonable attorney's fees and other costs of litigation specific to the request. If the person or entity prevails in part, the court may in its discretion award him reasonable attorney's fees or an appropriate portion of those attorney's fees.
HISTORY: 1978 Act No. 593, Section 11; 1987 Act No. 118, Section 8; 2017 Act No. 67 (H.3352), Section 4, eff May 19, 2017.
Effect of Amendment
2017 Act No. 67, Section 4, amended the section, providing time constraints within which determinative hearings on the requests for relief must be made.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-110. Hearings regarding disclosure; appropriate relief; civil fine for violation.

(A) A public body may file a request for hearing with the circuit court to seek relief from unduly burdensome, overly broad, vague, repetitive, or otherwise improper requests, or where it has received a request but it is unable to make a good faith determination as to whether the information is exempt from disclosure.
(B) If a request for disclosure may result in the release of records or information exempt from disclosure under Section 30-4-40(a)(1), (2), (4), (5), (9), (14), (15), or (19), a person or entity with a specific interest in the underlying records or information shall have the right to request a hearing with the court or to intervene in an action previously filed.
(C) If a person or entity seeking relief under this section prevails, the court may order:
(1) equitable relief as he considers appropriate;
(2) actual or compensatory damages; or
(3) reasonable attorney's fees and other costs of litigation specific to the request, unless there is a finding of good faith. The finding of good faith is a bar to the award of attorney's fees and costs.
(D) If a court determines that records are not subject to disclosure, the determination constitutes a finding of good faith on the part of the public body or public official, and acts as a complete bar against the award of attorney's fees or other costs to the prevailing party should the court's determination be reversed on appeal.
(E) If the person or entity prevails in part, he may be awarded reasonable attorney's fees or other costs of litigation specific to the request, or an appropriate portion thereof, unless otherwise barred.
(F) If the court finds that the public body has arbitrarily and capriciously violated the provisions of this chapter by refusal or delay in disclosing or providing copies of a public record, it may, in addition to actual or compensatory damages or equitable relief, impose a civil fine of five hundred dollars.
HISTORY: 1978 Act No. 593, Section 12; 2017 Act No. 67 (H.3352), Section 5, eff May 19, 2017.
Effect of Amendment
2017 Act No. 67, Section 5, rewrote the section, removing criminal penalties, and providing rights and remedies of public bodies from whom requests are made and persons with specific interests in exempt information for which disclosure is sought.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-160. Sale of Social Security number or driver's license photograph or signature.

(A) This chapter does not allow the Department of Motor Vehicles to sell, provide, or otherwise furnish to a private party Social Security numbers in its records, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card.
(B) Photographs, signatures, and digitized images from a driver's license or personal identification card are not public records.
HISTORY: 1999 Act No. 100, Part II, Section 53.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 4 - Freedom Of Information Act › Section 30-4-165. Privacy of driver's license information.

(A) The Department of Motor Vehicles may not sell, provide, or furnish to a private party a person's height, weight, race, social security number, photograph, or signature in any form that has been compiled for the purpose of issuing the person a driver's license or special identification card. The department shall not release to a private party any part of the record of a person under fifteen years of age who has applied for or has been issued a special identification card.
(B) A person's height, weight, race, photograph, signature, and digitized image contained in his driver's license or special identification card record are not public records.
(C) Notwithstanding another provision of law, a private person or private entity shall not use an electronically-stored version of a person's photograph, social security number, height, weight, race, or signature for any purpose, when the electronically-stored information was obtained from a driver's license record.
HISTORY: 1999 Act No. 33, Section 1.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 5 - Recording Generally › Section 30-5-5. Qualifications for eligibility to serve as register of deeds; quo warranto actions to determine eligibility.

(A) In order to be eligible to serve or continue to serve as the register of deeds, a person must:
(1) be a citizen of the United States and of this State;
(2) be a qualified elector of the applicable county;
(3) have:
(a) a four-year bachelor's degree from an accredited post-secondary institution; or
(b) at least four years' experience:
(i) in the fields of law, real estate, or accounting; or
(ii) as an employee in a register of deeds office in this State; or
(iii) as a register of deeds in this State; and
(c) for an appointed register of deeds, a person must comply with any county requirements not conflicting with the qualifications in this section and the Constitution of South Carolina; and
(4) not have a pattern of failing to properly record in the time and manner prescribed in Section 30-5-90.
(B) A quo warranto action may be brought in accordance with Section 15-63-60 to determine a person's eligibility to seek the position of register of deeds or continue to serve as register of deeds.
HISTORY: 2022 Act No. 213 (S.1031), Section 1, eff June 22, 2022.
Editor's Note
2022 Act No. 213, Sections 3, 4, provide as follows:
"SECTION 3. Section 30-5-5(A)(3)(a) and (b), as added by this act, do not apply to a person who holds the office of register of deeds on the effective date of this act and during his tenure in office.
"SECTION 4. If a quo warranto action is brought in accordance with Section 15-63-60 alleging (a) a register of deeds has a pattern of failing to record in the time and manner prescribed in Section 30-5-90, and (b) the pattern of failing to record occurred only prior to the effective date of this act, then the register of deeds may assert as an affirmative defense to the action that, on the date the action is filed and for thirty consecutive days thereafter, no properly delivered and executed document remains unrecorded in the office for more than thirty days after its receipt."
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 5 - Recording Generally › Section 30-5-10. . Performance of register of deeds' duties by clerk of court in certain counties.

(A) In every county in the State other than Aiken, Anderson, Beaufort, Berkeley, Charleston, Cherokee, Chesterfield, Clarendon, Colleton, Dorchester, Georgetown, Greenville, Horry, Jasper, Kershaw, Lancaster, Lexington, Oconee, Orangeburg, Pickens, Richland, Spartanburg, and Sumter the duties prescribed by law for the register of deeds must be performed by the clerk of court who has all the powers and emoluments given the register of deeds in Aiken, Anderson, Beaufort, Berkeley, Charleston, Cherokee, Chesterfield, Clarendon, Colleton, Dorchester, Georgetown, Greenville, Horry, Jasper, Kershaw, Lancaster, Lexington, Oconee, Orangeburg, Pickens, Richland, Spartanburg, and Sumter counties.
(B) The registers of deeds in Berkeley and Dorchester counties are elected for terms of four years and until a successor is elected in the general election and qualifies.
HISTORY: 1962 Code Section 60-7; 1952 Code Section 60-7; 1942 Code Section 3629; 1932 Code Section 3629; Civ. C. '22 Section 2173; Civ. C. '12 Section 1349; Civ. C. '02 Section 945; 1779 (7) 296; 1839 (11) 115; 1882 (18) 682; 1896 (22) 122; 1908 (25) 1020; 1973 (58) 803, 833; 1975 (59) 147; 1978 Act No. 458, Section 1; 1980 Act No. 329, Section 1; 1985 Act No. 123, Section 1; 1986 Act No. 541, Section 1; 1987 Act No. 153, Section 1; 1987 Act No. 186, Section 1; 1993 Act No. 5, Section 1; 1994 Act No. 294, Section 1; 1996 Act No. 417, Section 1; 1999 Act No. 8, Section 1; 2000 Act No. 272, Section 1; 2001 Act No. 75, Section 1; 2005 Act No. 140, Section 1; 2006 Act No. 299, Section 1, eff May 31, 2006; 2008 Act No. 221, Section 1, eff upon approval (became law without the Governor's signature on May 15, 2008); 2010 Act No. 127, Section 1, eff February 24, 2010; 2013 Act No. 12, Section 1, eff April 23, 2013.
Code Commissioner's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
Effect of Amendment
The 2006 amendment added Colleton County.
The 2008 amendment added Clarendon county.
The 2010 amendment made subsection (A) and (B) designations and in subsection (A) added Lancaster county.
The 2013 amendment, in subsection (A), added two references to Cherokee county.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 5 - Recording Generally › Section 30-5-12. . Appointment of register of deeds for certain counties.

(A) The governing bodies of Anderson, Beaufort, Cherokee, Chesterfield, Clarendon, Colleton, Georgetown, Horry, Jasper, Kershaw, Lancaster, Oconee, Orangeburg, and Pickens counties shall appoint the register of deeds for its county under terms and conditions as it may agree upon.
(B) The governing body of Georgetown County may appoint a register of deeds only after advertising the information concerning the appointment for two weeks before action is taken in a newspaper of general circulation in the county.
HISTORY: 1987 Act No. 153, Section 2; 1993 Act No. 5, Section 2; 1994 Act No. 294, Section 2; 1996 Act No. 417, Section 2; 1999 Act No. 8, Section 2; 2000 Act No. 272, Section 2; 2001 Act No. 75, Section 2; 2005 Act No. 140, Section 2; 2006 Act No. 299, Section 2, eff May 31, 2006; 2008 Act No. 221, Section 1, eff upon approval (became law without the Governor's signature on May 15, 2008); 2010 Act No. 127, Section 2, eff February 24, 2010; 2013 Act No. 12, Section 2, eff April 23, 2013.
Code Commissioner's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
Effect of Amendment
The 2006 amendment added Colleton County.
The 2008 amendment added Clarendon county.
The 2010 amendment made subsection (A) and (B) designations and in subsection (A) added Lancaster county.
The 2013 amendment, in subsection (A), added the reference to Cherokee county.
2023 South Carolina Code of Laws › Title 30 - Public Records › Chapter 5 - Recording Generally › Section 30-5-15. Duties of clerk of court for state tax liens to be performed by register of deeds.

Notwithstanding any other provision of law, in those counties which have a register of deeds, the duties of the clerk of court for the county pertaining to the indexing and filing of state tax liens are hereby devolved upon the register of deeds for the county and the register of deeds shall index and file such liens in his office in the same manner as required of the clerk of court by law.
HISTORY: 1978 Act No. 594, Section 1.
Code Commissioner's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.