The governor could have greater freedom to close his Cabinet meetings to the media under an amendment to a bill dealing with the Freedom of Information Act approved this week by the Senate.

Since taking office, Gov. Mark Sanford has opened two of three Cabinet meetings after protests from news organizations. He barred reporters from all but the last few minutes of his first meeting, saying the presence of the media stifles honest conversations.

But Sanford's spokesman said the governor believes the amendment identifies the Cabinet as a public body and plans to allow the media to attend future meetings.

"Given that the governor has decided to open his Cabinet meetings, it's probably a moot point," Sanford spokesman Will Folks said.

Sen. John Hawkins, R-Spartanburg, said he doesn't think the governor is required under FOI law to open his Cabinet meetings because the Cabinet has no legal authority to take actions. Under the amendment, the governor would have to open the meeting if the Cabinet were convened to undertake some legal action or vote, he said.

"We're trying to comply with the spirit of the FOI law, which I don't think was ever intended to require him to open Cabinet meetings. He's made that decision to do it, but he is not required to, I believe, under current law," Hawkins said. "(President) George Bush doesn't have to open up his Cabinet meetings. I don't know why Mark Sanford should have to, either."

The amendment reads: "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."

Media attorney Jay Bender said it appears the Senate is trying to create a loophole for the governor to close Cabinet meetings.

"I think the law already requires the meetings to be open to the public because, at a minimum, the Cabinet is an advisory committee for the governor," Bender said. "I would look on this as an effort to justify secret meetings, with that executive order provision in there."

South Carolina state agencies are not run by executive order, Bender said. Their authority is established by statute.

The amendment approved by the Senate is part of a bill created in the wake of last year's scandals at the state Commerce Department. It requires state agencies to disclose details of agreements once deals are completed.

But it would allow the State Ports Authority to keep secret rates negotiated with customers.