Georgia House of Representatives - 1995/1996 Sessions

HB 1105 - Open records; applicability to General Assembly; exceptions

Page Numbers - 1/ 2/ 3

Code Sections - 50-18-70

1. Kaye  37th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/12/96  Read 1st Time                                                                
              2/13/96  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 1105                                            LC 24 0226






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 4 of Chapter 18 of Title 50 of the Official
  1- 2  Code of Georgia Annotated, relating to inspection of public
  1- 3  records, so as to provide that the General Assembly is
  1- 4  subject to the open records Act; to preserve certain
  1- 5  exceptions; to provide for related matters; to repeal
  1- 6  conflicting laws; and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Article 4 of Chapter 18 of Title 50 of the Official Code of
  1- 9  Georgia Annotated, relating to inspection of public records,
  1-10  is amended by striking Code Section 50-18-70, relating to
  1-11  inspection of public records, and inserting in lieu thereof
  1-12  the following:

  1-13    "50-18-70. (Index)

  1-14    (a) As used in this article, the term 'public record'
  1-15    shall mean all documents, papers, letters, maps, books,
  1-16    audiotapes, videotapes tapes, photographs, computer based
  1-17    or generated information, or similar material prepared and
  1-18    maintained or received in the course of the operation of a
  1-19    public office or agency.  'Public records' shall
  1-20    specifically include any audiotapes or videotapes of
  1-21    proceedings on the floor of the House or Senate during a
  1-22    regular or special session of the General Assembly
  1-23    maintained by any agency or any other entity which
  1-24    receives state funding.  'Public records' shall also mean
  1-25    such items received or maintained by a private person or
  1-26    entity on behalf of a public office or agency which are
  1-27    not otherwise subject to protection from disclosure.
  1-28    Provided, further, this Code section shall be construed to
  1-29    disallow an agency's placing or causing such items to be
  1-30    placed in the hands of a private person or entity for the
  1-31    purpose of avoiding disclosure.  As used in this article,
  1-32    the term 'agency' or 'public agency' or 'public office'
  1-33    shall have the same meaning and application as provided



                                 -1- (Index)

                                                  LC 24 0226

  2- 1    for in the definition of the term 'agency' in paragraph
  2- 2    (1) of subsection (a) of Code Section 50-14-1 and shall
  2- 3    additionally include the General Assembly, subject to the
  2- 4    exceptions for individual members stated in this article,
  2- 5    and any association, corporation, or other similar
  2- 6    organization which: (1) has a membership or ownership body
  2- 7    composed primarily of counties, municipal corporations, or
  2- 8    school districts of this state or their officers or any
  2- 9    combination thereof; and (2) derives a substantial portion
  2-10    of its general operating budget from payments from such
  2-11    political subdivisions.

  2-12    (b) All public records of an agency as defined in
  2-13    subsection (a), except those which by order of a court of
  2-14    this state or by law are prohibited or specifically
  2-15    exempted from being open to inspection by the general
  2-16    public, shall be open for a personal inspection by any
  2-17    citizen of this state at a reasonable time and place; and
  2-18    those in charge of such records shall not refuse this
  2-19    privilege to any citizen.

  2-20    (c) Any computerized index of a county real estate deed
  2-21    records shall be printed for purposes of public inspection
  2-22    no less than every 30 days and any correction made on such
  2-23    index shall be made a part of the printout and shall
  2-24    reflect the time and date that said index was corrected.

  2-25    (d) No public officer or agency shall be required to
  2-26    prepare reports, summaries, or compilations not in
  2-27    existence at the time of the request.

  2-28    (e) In a pending proceeding under Chapter 13 of this
  2-29    title, the 'Georgia Administrative Procedure Act,' or
  2-30    under any other administrative proceeding authorized under
  2-31    Georgia law, a party may not access public records
  2-32    pertaining to the subject of the proceeding pursuant to
  2-33    this article without the prior approval of the presiding
  2-34    administrative law judge, who shall consider such open
  2-35    record request in the same manner as any other request for
  2-36    information put forth by a party in such a proceeding.
  2-37    This subsection shall not apply to any proceeding under
  2-38    Chapter 13 of this title, relating to the revocation,
  2-39    suspension, annulment, withdrawal, or denial of a
  2-40    professional education certificate, as defined in Code
  2-41    Section 20-2-200, or any personnel proceeding authorized
  2-42    under Part 7 and Part 11 of Article 17 and Article 25 of
  2-43    Chapter 2 of Title 20.



                                 -2- (Index)

                                                  LC 24 0226

  3- 1    (f) The individual in control of such public record or
  3- 2    records shall have a reasonable amount of time to
  3- 3    determine whether or not the record or records requested
  3- 4    are subject to access under this article. In no event
  3- 5    shall this time exceed three business days."

                         SECTION 2.

  3- 6  All laws and parts of laws in conflict with this Act are
  3- 7  repealed.







































                                 -3- (Index)