10 LC
37 1016S (SCS)
Senate
Bill 143
By:
Senators Brown of the 26th, Rogers of the 21st, Staton of the 18th, Seay of the
34th, Golden of the 8th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating
to open and public meetings, so as to change certain provisions relating to
meetings to be open to the public, limitation on action to contest agency
action, recording, notice of time and place, access to minutes, and
telecommunications conferences; to change certain provisions relating to
excluded proceedings; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
14 of Title 50 of the Official Code of Georgia Annotated, relating to open and
public meetings, is amended by revising subsection (b) of Code Section 50-14-1,
relating to meetings to be open to the public, limitation on action to contest
agency action, recording, notice of time and place, access to minutes, and
telecommunications conferences, as follows:
"(b)
Except as otherwise provided by law, all meetings as defined in subsection (a)
of this Code section shall be open to the public. Any resolution, rule,
regulation, ordinance, or other official action of an agency adopted, taken, or
made at a meeting which is not open to the public as required by this chapter
shall not be binding. Any action contesting a resolution, rule, regulation,
ordinance, or other formal action of an agency based on an alleged violation of
this provision must be commenced within 90 days of the date such contested
action was
taken,
provided;
provided, however, that for purposes of any action contesting an alleged
violation of this provision with respect to final official approval or
disapproval of the acquisition of real estate, the period within which such an
action may be brought shall not commence until minutes of the meeting at which
the alleged violation occurred have been made public; and provided,
further, that any action under this
chapter contesting a zoning decision of a local governing authority shall be
commenced within the time allowed by law for appeal of such zoning
decision."
SECTION
2.
Said
chapter is further amended by revising paragraph (4) of Code Section 50-14-3,
relating to excluded proceedings, as follows:
"(4)
Meetings when any agency is discussing the future acquisition of real estate,
except that such meetings shall be subject to the requirements of this chapter
for the giving of the notice of such a meeting to the public and preparing the
minutes of such a meeting; provided, however,
that
the disclosure of such portions of the minutes as would identify real estate to
be acquired may be delayed until such time as the
acquisition
of the real estate has been completed, terminated, or abandoned or court
proceedings with respect thereto
initiated;
parties have
entered into a binding agreement as to the material terms of the real estate
acquisition. The exclusion provided by this paragraph shall not apply to the
taking of final official action to approve or disapprove such
acquisition;"
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.