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SB 409 - Public Record Disclosure - certain exceptions

Brush, B. Joseph (24th)	Marable, Richard O (52nd)	Cable, Susan Watt (27th)

Status Summary	SC:	Rules	HC:		FR:	02/04/00	LA:	02/04/00	S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of disclosure of public records, so as to provide an exception with respect to any test or examination used by a public body to evaluate student performance or employee aptitude; to repeal conflicting laws; and for other purposes.

SB 409 00                                          LC 19 4513 
 
      SENATE BILL 409 
 
      By:  Senators Brush of the 24th, Marable of the 52nd and 
           Cable of the 27th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 50-18-72 of the Official Code of 
  1- 2  Georgia Annotated, relating to exceptions from the 
  1- 3  requirements of disclosure of public records, so as to 
  1- 4  provide an exception with respect to any test or examination 
  1- 5  used by a public body to evaluate student performance or 
  1- 6  employee aptitude; to repeal conflicting laws; and for other 
  1- 7  purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Code Section 50-18-72 of the Official Code of Georgia 
  1-11  Annotated, relating to exceptions from the requirements of 
  1-12  disclosure of public records, is amended by striking in 
  1-13  their entirety paragraphs (12) and (13) of subsection (a) 
  1-14  and inserting in lieu thereof the following: 
 
  1-15      "(12) Public records containing information that would 
  1-16      disclose or might lead to the disclosure of any 
  1-17      component in the process used to execute or adopt an 
  1-18      electronic signature, if such disclosure would or might 
  1-19      cause the electronic signature to cease being under the 
  1-20      sole control of the person using it.  For purposes of 
  1-21      this paragraph, the term 'electronic signature' has the 
  1-22      same meaning as that term is defined in Code Section 
  1-23      10-12-3; or 
 
  1-24      (13) Records that would reveal the home address or 
  1-25      telephone number, social security number, or insurance 
  1-26      or medical information of law enforcement officers, 
  1-27      judges, scientists employed by the Division of Forensic 
  1-28      Sciences of the Georgia Bureau of Investigation, 
  1-29      correctional employees, and prosecutors or 
  1-30      identification of immediate family members or dependents 
  1-31      thereof; or 
 
  1-32      (14) Any test or examination used, administered, or 
  1-33      prepared by any public body for purposes of evaluation 
  1-34      of any student or any student's performance, or any 
 
 
                                 -1- 
 
 
 
  2- 1      employee or employment seeker's qualifications or 
  2- 2      aptitude for employment, retention, or promotion.  As 
  2- 3      used in this paragraph, the term 'test or examination' 
  2- 4      shall include: (A) any scoring key for any such test or 
  2- 5      examination; and (B) any other document which would 
  2- 6      jeopardize the security of the test or examination. 
  2- 7      Nothing contained in this paragraph shall prohibit the 
  2- 8      release of test scores or results as provided by law, or 
  2- 9      limit access to individual records as provided by law. 
  2-10      The subject of such employment tests shall be entitled 
  2-11      to review and inspect all records relative to his or her 
  2-12      performance on such employment tests.  When, in the 
  2-13      reasonable opinion of such public body, any such test or 
  2-14      examination no longer has any potential for future use, 
  2-15      and the security of future tests or examinations will 
  2-16      not be jeopardized, the test or examination shall be 
  2-17      made available to the public." 
 
  2-18                           SECTION 2. 
 
  2-19  All laws and parts of laws in conflict with this Act are 
  2-20  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-