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03 LC 29 1019
House Bill 1019
By: Representatives Oliver of the 56th, Post 2, Bordeaux of the 125th, and Moraitakis of the 42nd, Post 4
By: Representatives Oliver of the 56th, Post 2, Bordeaux of the 125th, and Moraitakis of the 42nd, Post 4
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To enact the "Georgia Sunshine in Litigation Act"; to amend
Article 9 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,
relating to general provisions of the "Georgia Civil Practice Act," so as to
limit the restriction of information obtained through discovery when such
information is relevant to the protection of public health, welfare, or safety;
to provide for standing to contest the restriction of information in a civil
action; to prohibit certain agreements between the parties in a civil action
restricting disclosure of certain information relevant to the protection of
public health, welfare, or safety; to provide for the disclosure of information
relevant to a civil action to authorized federal or state agencies; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia
Sunshine in Litigation Act."
SECTION 2.
Article 9 of Chapter 11 of Title 9 of the Official Code of
Georgia Annotated, relating to general provisions of the "Georgia Civil Practice
Act," is amended by striking Code Sections 9_11_71 through 9_11_73 which are
reserved and inserting in their respective places the
following:
"9_11_71.
Reserved.
(a) A court shall enter an order under subsection (c) of Code Section
9_11_26 restricting the disclosure of information obtained through discovery or
an order restricting access to court records in a civil case only after making
particularized findings of fact that such order would not restrict the
disclosure of information which is relevant to the protection of public health,
welfare, or safety.
(b) No order entered in accordance with the provisions of subsection (a) of this Code section shall continue in effect after the entry of final judgment in a civil case, the dismissal of the case, or such other conclusion of the case unless at or after such time the court makes a separate particularized finding of fact that such order would not prevent the disclosure of information which is relevant to the protection of public health, welfare, or safety.
(c) The party who is the proponent for the entry of an order, as provided under this Code section, shall have the burden of proof in obtaining such an order.
(d) Any substantially affected person including, but not limited to, representatives of news media, shall have standing to contest such an order or request for such an order. Such substantially affected person may contest such order or request for such order by motion in the court in which the action is pending.
9_11_72.
Reserved.
(a) No settlement agreement, consent order, or any other dispositive
document or order filed with a court or subject to enforcement by any other
document filed with the court may contain any provision restricting the
disclosure of information which is relevant to the protection of public health,
welfare, or safety.
(b) Any substantially affected person including, but not limited to, representatives of news media, shall have standing to seek any settlement agreement, consent order, or other dispositive document or order filed with a court under seal that may be found to be in violation of subsection (a) of this Code section. Such substantially affected person may contest such order or request such order by motion in the court in which the action is pending. In the event of such motion, the court shall review the document in question and disclose any such information which is relevant to the protection of public health, welfare, or safety.
(c) No final disposition of a pending action not subject to further enforcement by a court, such as a full and final settlement with a dismissal with prejudice, shall be conditioned upon an agreement by the parties restricting the disclosure of information which is relevant to the protection of public health, welfare, or safety.
9_11_73.
Reserved.
No agreement between or among parties in a civil action filed in a court of
this state may contain a provision that prohibits or otherwise restricts a party
from disclosing any information relevant to such civil action to any federal or
state agency with authority to enforce laws regulating an activity relating to
such
information."
"9_11_71.
(b) No order entered in accordance with the provisions of subsection (a) of this Code section shall continue in effect after the entry of final judgment in a civil case, the dismissal of the case, or such other conclusion of the case unless at or after such time the court makes a separate particularized finding of fact that such order would not prevent the disclosure of information which is relevant to the protection of public health, welfare, or safety.
(c) The party who is the proponent for the entry of an order, as provided under this Code section, shall have the burden of proof in obtaining such an order.
(d) Any substantially affected person including, but not limited to, representatives of news media, shall have standing to contest such an order or request for such an order. Such substantially affected person may contest such order or request for such order by motion in the court in which the action is pending.
9_11_72.
(b) Any substantially affected person including, but not limited to, representatives of news media, shall have standing to seek any settlement agreement, consent order, or other dispositive document or order filed with a court under seal that may be found to be in violation of subsection (a) of this Code section. Such substantially affected person may contest such order or request such order by motion in the court in which the action is pending. In the event of such motion, the court shall review the document in question and disclose any such information which is relevant to the protection of public health, welfare, or safety.
(c) No final disposition of a pending action not subject to further enforcement by a court, such as a full and final settlement with a dismissal with prejudice, shall be conditioned upon an agreement by the parties restricting the disclosure of information which is relevant to the protection of public health, welfare, or safety.
9_11_73.
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.