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HB 279 - Public records; amend provisions

Smith, Jr., Charlie (175th)	Turnquest, Henrietta (73rd)	Dukes, Winfred (161st)

Status Summary	HC:	Judy	SC:	Judy	FR:	01/28/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for conditions of disclosure of records received or maintained by private persons or private entities performing services for public entities; to change provisions relating to the time and manner in which custodians of records must respond to requests for inspection; and for other purposes.

Code Sections - 50-18-71.2/ 50-18-74

HB 279                                              HB 279/AP 
 
      H. B. No. 279 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Smith of the 175th, Turnquest of the 
      73rd and Dukes of the 161st 
 
 
                        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 change certain exceptions to such 
  1- 4  inspections; to provide for conditions of disclosure of 
  1- 5  records received or maintained by private persons or private 
  1- 6  entities performing services for public entities; to change 
  1- 7  provisions relating to the time and manner in which 
  1- 8  custodians of records must respond to requests for 
  1- 9  inspection; to require provision of access to computer 
  1-10  records by electronic means under certain conditions; to 
  1-11  provide what fees may be charged for electronic access to 
  1-12  records; to provide that where inspection is refused the 
  1-13  custodian must make a binding explanation of the reasons for 
  1-14  denial; to define a criminal offense of knowing and willful 
  1-15  failure or refusal to provide access to records and provide 
  1-16  for punishment therefor; to provide for related matters; to 
  1-17  provide an effective date; to repeal conflicting laws; and 
  1-18  for other purposes. 
 
  1-19       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-20                           SECTION 1. 
 
  1-21  Article 4 of Chapter 18 of Title 50 of the Official Code of 
  1-22  Georgia Annotated, relating to inspection of public records, 
  1-23  is amended in Code Section 50-18-70, relating to inspection 
  1-24  of public records in general, by striking subsection (a) and 
  1-25  inserting in its place a new subsection (a) to read as 
  1-26  follows: 
 
  1-27    "(a) As used in this article, the term 'public record' 
  1-28    shall mean all documents, papers, letters, maps, books, 
  1-29    tapes, photographs, computer based or generated 
  1-30    information, or similar material prepared and maintained 
  1-31    or received in the course of the operation of a public 
  1-32    office or agency.  'Public record' shall also mean such 
  1-33    items received or maintained by a private person or entity 
  1-34    on behalf of a public office or agency which are not 
  1-35    otherwise subject to protection from disclosure; provided, 
 
 
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  2- 1    however, this Code section shall be construed to disallow 
  2- 2    an agency's placing or causing such items to be placed in 
  2- 3    the hands of a private person or entity for the purpose of 
  2- 4    avoiding disclosure.  Records received or maintained by a 
  2- 5    private person, firm, corporation, or other private entity 
  2- 6    in the performance of a service or function for or on 
  2- 7    behalf of an agency, a public agency, or a public office 
  2- 8    shall be subject to disclosure to the same extent that 
  2- 9    such records would be subject to disclosure if received or 
  2-10    maintained by such agency, public agency, or public 
  2-11    office.  As used in this article, the term 'agency' or 
  2-12    'public agency' or 'public office' shall have the same 
  2-13    meaning and application as provided for in the definition 
  2-14    of the term 'agency' in paragraph (1) of subsection (a) of 
  2-15    Code Section 50-14-1 and shall additionally include any 
  2-16    association, corporation, or other similar organization 
  2-17    which: (1) has a membership or ownership body composed 
  2-18    primarily of counties, municipal corporations, or school 
  2-19    districts of this state or their officers or any 
  2-20    combination thereof; and (2) derives a substantial portion 
  2-21    of its general operating budget from payments from such 
  2-22    political subdivisions." 
 
  2-23                           SECTION 2. 
 
  2-24  Said article is further amended in said Code Section 
  2-25  50-18-70 by striking subsection (f) and inserting in its 
  2-26  place new subsections (f) and (g) to read as follows: 
 
  2-27    "(f) The individual in control of such public record or 
  2-28    records shall have a reasonable amount of time to 
  2-29    determine whether or not the record or records requested 
  2-30    are subject to access under this article and to permit 
  2-31    inspection and copying.  In no event shall this time 
  2-32    exceed three business days. Where responsive records exist 
  2-33    but are not available within three business days of the 
  2-34    request, a written description of such records, together 
  2-35    with a timetable for their inspection and copying, shall 
  2-36    be provided within that period; provided, however, that 
  2-37    records not subject to inspection under this article need 
  2-38    not be made available for inspection and copying or 
  2-39    described other than as required by subsection (h) of Code 
  2-40    Section 50-18-72, and no records need be made available 
  2-41    for inspection or copying if the public officer or agency 
  2-42    in control of such records shall have obtained, within 
  2-43    that period of three business days, an order based on an 
  2-44    exception in this article of a superior court of this 
 
 
 
                                 -2- 
 
 
 
  3- 1    state staying or refusing the requested access to such 
  3- 2    records. 
 
  3- 3    (g) At the request of the person, firm, corporation, or 
  3- 4    other entity requesting such records, records maintained 
  3- 5    by computer shall be made available where practicable by 
  3- 6    electronic means, including Internet access, subject to 
  3- 7    reasonable security restrictions preventing access to 
  3- 8    nonrequested or nonavailable records." 
 
  3- 9                           SECTION 3. 
 
  3-10  Said article is further amended by striking Code Section 
  3-11  50-18-71.2, relating to notice of estimated copying costs, 
  3-12  and inserting in its place a new Code section to read as 
  3-13  follows: 
 
  3-14    "50-18-71.2. 
 
  3-15    Any agency receiving a request for public records shall be 
  3-16    required to notify the party making the request of the 
  3-17    estimated cost of the copying, search, retrieval, and 
  3-18    other administrative fees authorized by Code Section 
  3-19    50-18-71 as a condition of compliance with the provisions 
  3-20    of this article prior to fulfilling the request as a 
  3-21    condition for the assessment of any fee; provided, 
  3-22    however, that no new fees other than those directly 
  3-23    attributable to providing access shall be assessed where 
  3-24    records are made available by electronic means." 
 
  3-25                           SECTION 4. 
 
  3-26  Said article is further amended by adding between paragraphs 
  3-27  (11) and (12) of subsection (a) of Code Section 50-18-72, 
  3-28  relating to exceptions to disclosure of public records, a 
  3-29  new paragraph to read as follows: 
 
  3-30      "(11.1) Records that would reveal an individual's home 
  3-31      address, telephone number, social security number, date 
  3-32      or place of birth, names of parents, or insurance or 
  3-33      medical information; provided, however, that such 
  3-34      records may be disclosed where the items listed in this 
  3-35      paragraph are redacted;". 
 
  3-36                          SECTION 4.1. 
 
  3-37  Said article is further amended in Code Section 50-18-72, 
  3-38  relating to exemptions from and construction of the public 
  3-39  records law, by adding a new subsection (h) to read as 
  3-40  follows: 
 
 
 
                                 -3- 
 
 
 
  4- 1    "(h) Within the three business days applicable to response 
  4- 2    to a request for access to records under this article, the 
  4- 3    public officer or agency having control of such record or 
  4- 4    records, if access to such record or records is denied in 
  4- 5    whole or in part, shall specify in writing the specific 
  4- 6    legal authority exempting such record or records from 
  4- 7    disclosure, by Code section, subsection, and paragraph. 
  4- 8    No addition to or amendment of such designation shall be 
  4- 9    permitted thereafter or in any proceeding to enforce the 
  4-10    terms of this article; provided, however, that such 
  4-11    designation may be amended or supplemented one time within 
  4-12    five days of discovery of an error in such designation or 
  4-13    within five days of the institution of an action to 
  4-14    enforce this chapter, whichever is sooner; provided, 
  4-15    further, that the right to amend or supplement based upon 
  4-16    discovery of an error may be exercised on only one 
  4-17    occasion.  In the event that such designation includes 
  4-18    provisions not relevant to the subject matter of the 
  4-19    request, costs and reasonable attorney's fees may be 
  4-20    awarded pursuant to Code Section 50-18-73." 
 
  4-21                           SECTION 5. 
 
  4-22  Said article is further amended by striking "Reserved." from 
  4-23  Code Section 50-18-74 and enacting a new Code Section 
  4-24  50-18-74 to read as follows: 
 
  4-25    "50-18-74. 
 
  4-26    (a) Any person knowingly and willfully violating the 
  4-27    provisions of this article by failing or refusing to 
  4-28    provide access to records not subject to exemption from 
  4-29    this article or by failing or refusing to provide access 
  4-30    to such records within the time limits set forth in this 
  4-31    article shall be guilty of a misdemeanor and upon 
  4-32    conviction shall be punished by a fine not to exceed 
  4-33    $100.00. 
 
  4-34    (b) A prosecution under this Code section may only be 
  4-35    commenced by issuance of a citation in the same manner as 
  4-36    an arrest warrant for a peace officer pursuant to Code 
  4-37    Section 17-4-40, which citation shall be personally served 
  4-38    upon the accused.  The defendant shall not be arrested 
  4-39    prior to the time of trial, except that a defendant who 
  4-40    fails to appear for arraignment or trial may thereafter be 
  4-41    arrested pursuant to a bench warrant and required to post 
  4-42    a bond for his or her future appearance." 
 
 
 
 
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  5- 1                           SECTION 6. 
 
  5- 2  This Act shall become effective July 1, 1999. 
 
  5- 3                           SECTION 7. 
 
  5- 4  All laws and parts of laws in conflict with this Act are 
  5- 5  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5-