HomeMy WebLinkAboutPublic Records; Amend Provisions
Augusta Richmand GA
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Le!!lslation Clerk's Office Members Committees Meetin!!s Home Senate
Georgia 1-/011se of Represen (({fives
UB 279 - Public records; amend provisions
Smith, Jr., Charlie (175tl1) Turnquest, Henrietta (73rd) Dukes, Winfred (l6Ist)
Status Summary HC: Judy SC: Judy FR: 01/28/99 LA: 03/26/99 Sent to 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 p'rivate
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.
Page Numbers: ! ~ ~ .1 ~
Code Sections - 50-18-71.2/50-18-74
Recorded Votes
Vote # SV99-134 ADOPTION OF AMENDMENT BY THE S 2/24/99
Vote # SV99-135 PASSAGE BY SUBSTITUTE 2/24/99
Vote # SV99-226 AGREE TO HOUSE AMENDMENT TO SE 3/09/99
Vote # HV99-900 PASS 02111/99
House Action Senate
1/28/99 Read 1st Time 2/12/99
1/29/99 Read 2nd Time 2/23/99
2/5/99 Favorably Reported 2/22/99
Sub Committee Amend/Sub Sub
2/11/99 Read 3rd Time 2/24/99
2/11/99 Passed! Adopted 2/24/99
FS Comm/Floor Amend/Sub CSFA
3/8/99 Amend/Sub Agreed To 3/9/99
3/26/99 Sent to Governor
Version by LC Number
As Introduced
HB 279/AP Amend/Sub Agreed 'To
HB279/SCSFA/3 S - Passed/Adopted (FS ) (CSFA )
HB279/SCSFA/3 S - Passed/Adopted (FS ) (CSFA )
HB279/SCSFA/3 Amend/Sub Agreed To
HB279/SCSFA/3 Amend/Sub Agreed To
LC 10 2761S H - Favorably Reponed (Sub)
LC 14 7236-EC As Introduced
LC 14 7266-ECS H - Passed/Adopted (FS)
lIB 279
HB 279/AP
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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
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 change certain exceptions to such
inspections; 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; to require provision of access to computer
records by electronic means under certain conditions; to
provide what fees may be charged for electronic access to
records; to provide that where inspection is refused the
custodian must make a binding explanation of the reasons for
denial; to define a criminal offense of knowing and willful
failure or refusal to provide access to records and provide
for punishment therefor; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 18 of Title 50 of the Official Code of
Georgia Annotated, relating to inspection of public records,
is amended in Code Section 50-18-70, relating to inspection
of public records in general, by striking subsection (a) and
inserting in its place a new subsection (a) to read as
follows:
II (a) As used in this article, the term 'public record'
shall mean all documents, papers, letters, maps, books,
tapes, photographs, computer based or generated
information, or similar material prepared and maintained
or received in the course of the operation of a public
office or agency. 'Public record' shall also mean such
items received or maintained by a private person or entity
on behalf of a public office or agency which are not
otherwise subject to protection from disclosure; provided,
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however, this Code section shall be construed to disallow
an agency's placing or causing such items to be placed in
the hands of a private person or entity for the purpose of
avoiding disclosure. Records received or maintained by a
private person, firm, corporation, or other private entity
in the performance of a service or function for or on
behalf of an agency, a public agency, or a public office
shall be sub;ect to disclosure to the same extent that
such records would be subject to disclosure if received or
maintained by such agency, public agency, or public
office. As used in this article, the term 'agency' or
'public agency' or 'public office' shall have the same
meaning and application as provided for in the definition
of the term 'agency' in paragraph (1) of subsection (a) of
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Code Section 50-14-1 and shall additionally include any
association, corporation, or other similar organization
which: (1) has a membership or ownership body composed
primarily of counties,municipal corporations, or school
districts of this state or their officers or any
combination thereof; and (2) derives a substantial portion
of its general operating budget from payments from such
political subdivisions."
SECTION 2.
Said article is further amended in said Code Section
50-18-70 by striking subsection (f) and inserting in its
place new subsections (f) and (g) to read as follows:
"(f) The individual in control of such public record or
records shall have a reasonable amount of time to
determine whether or not the record or records requested
are subject to access under this article and to permit
inspection and copying. In no event shall this time
exceed three business days. Where responsive records exist
but are not available within three business days of the ,
request, a written description of such records, together
with a timetable for their inspection and copying, shall
be provided within that period; provided, however, that
records not sub1ect to inspection under this article need
not be made ava1lable for inspection and copying or
described other than as required by subsection (h) of Code
Section 50-18-72 and no records need be made available
for inspect10n or copying if the public officer or age cy
in control of such records shall have obtained, within
that period of three business days, an order based on an
exception in this article of a superior court of this
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state staying or refusing the requested access to such
records.
(g) At the request of the person, firm, corporation, or
other entity requesting such records, records maintained
by computer shall be made available where practicable by
electronic means, inclUding Internet access, subiect to
reasonable security restrictions preventing access to
nonrequested or nonavailable records."
SECTION 3.
Said article is further amended by striking Code Section
50-18-71.2, relating to notice of estimated copying costs,
and inserting in its place a new Code section to read as
follows:
"50-18-71.2..
Any agency receiving a request for public records shall be
required to notify the party making the request of the
estimated cost of the copying, search, retrieval, and
other administrative fees authorized by Code Section
50-18-71 as a condition of compliance with the provisions
of this article prior to fUlfilling the request as a
condition for the assessment of any fee; provided,
however, that no new fees other than those directly
attributable to providing access shall be assessed where
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records are made available by electronic means."
SECTION 4.
Said article is further amended by adding between paragraphs
(11) and (12) of subsect~on (a) of Code Section 50-18-72,
relating to exceptions to disclosure of public records, a
new paragraph to read as follows:
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"(11.1) Records that would reveal an
address, telephone number, social secur
or place of birth, names of parents, or
medical information; provided, however,
records may be disclosed where the item
paragraph are redacted;".
SECTION 4. 1 .
Said article is further amended in Code Section 50-18-72,
relating to exemptions from and construction of the public
records law, by adding a new subsection (h) to read as
follows:
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"(h) Within the three business days applicable to respbnse
to a request for access to records under this article, the
public officer or agency having control of such record or
records, if access to such record or records .is,denied in
whole or in part, shall specify in writing the specific
legal authority exempting such record or records from
disclosure, by Code section, subsection, and paragraph.
No addition to or amendment of such designation shall be
permitted thereafter or in any proceeding to enforce the
terms of this article; provided, however, that such
designation may be amended or supplemented one time within
five days of discovery of an error in such designation or
within five days of the institution of an action to
enforce this chapter, whichever is sooner; provided,
further, that the right to amend or supplement based upon
discovery of an error,may be exercised on only one
occasion. In the event that such designation includes
provisions not relevant to the subject matter of the
request, costs and reasonable attorney's fees may be
awarded pursuant to Code Section 50-18-73."
SECTION 5.
Said article is further amended by striking "Reserved." from
Code Section 50-18-74 and enacting a new Code Section
50-18-74 to read as follows:
"50-18-74..
(a) Any person knowingly and willfully violating the
provisions of this article by failing or refusing to
provide access to records not subject to exemption from
this article or by failing or refusing to provide access
to such records within the time limits set forth in this
article shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed
$100.00.
(b) A prosecution under this Code section may only be
4n/99 10:17 AM
HB 279 - Public records; amend provisions - Fulltext
hup:/llegnetl1999 _ OO/leglfulltex t1hb279.i
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commenced by issuance of a. citation in the same manner as
an arrest warrant for ~ peace officer pursuant to Code
Section 17-4,-40, which citation shall be personally served
upon the accused. The defendant shall not be arrested
prior to the time of trial, except that a defendant who
fails to appear for arraignment or trial may thereafter be
arrested pursuant to a bench warrant and required to post
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.
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HB 278 - State agencies; cenain m...s; agenda and affidavit. Fulltext
http://legneIl1999_00Ileglfulltextlhb278.
Legislation Clerk's Office Members Committees Meetings Home Senate
Georgia HOllse of Representatives
HB 278 - State agencies; certain meetings; agenda and affidavit
Smith, Jr., Charlie (175th) Turnquest, Henrietta (73rd) Dukes, Winfred (16Ist)
Status Summary HC: Judy SC: Judy FR: 01/28/99 LA: 03/26/99 Sent to Governor
First Reader Summary
A BILL to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so
as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda
of all matters expected to come before the agency at such meeting; and for other purposes.
Page Numbers: ! ~ ~ i
Code Sections - 50-14-4
Recorded Votes
Vote # SV99-133 PASSAGE 2/24/99
Vote # HV99-897 Campbe 02/11/99
Vote # HV99-898 Richar 02/11/99
Vote # HV99-899 PASS 02/11199
House Action
1/28/99 Read 1st Time
1/29/99 Read 2nd Time
2/5/99 Favorably Reported
Sub Committee Amend/Sub
2/11/99 Read 3rd Time 2/24/99
2/11199 Passed/Adopted 2/24/99
CSFA Comm/Floor Amend/Sub
3/26/99 ' Sent to Governor
Senate
2/12/99
2/23/99
2/22/99
VersJon by LC Number
As Introduced
HB 278/CSF A H - Passed! Adopted (CSF A)
LC 10 2694-EC As Introduced
LC 1027628 H - Favorably Reported (Sub)
HB 278
HB 278/CSFA
H. B. No. 278 (COMMITTEE SUBSTITUTE) (AM)
By: Representatives Smith of the 175th, Turnquest of the
73rd and Dukes of the 161st
A BILL TO BE ENTITLED
AN ACT
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HB 278 - State agencies; ceiuin m...s; agenda and affidavit - Fulltext
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http://legnetlI999_00/leglfulltextlhb278.
To amend Chapter 14 of Title 50 of the Official Code of
Georgia Annotated, relating to open and public meetings, so
as to change the definitions of the terms "agency" and
"meeting"; to require that an agency holding a meeting
shall make available an agenda of all matters expected to
come before the agency at such meeting; to provide for the
posting of such agenda and the distribution thereof; to
provide that failure to include on the agenda an item which
becomes necessary to address during the course of a meeting
shall not preclude considering and acting upon such item; to
provide that when any meeting of an agency is closed to the
public, the chairperson or other person presiding over such
meeting shall execute and file with the official minutes of
the meeting a notarized a~fidavit stating under oath that
the,subject .matter of the meeting or the closed portion,
thereof was devoted to matters within the exceptions
authorized for closed meetings and identifying the specific
relevant exception; .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 strik~ng in their entirety paragraphs (1) and (2) of
subsection (a) of Code Section 50-14-1, relating to the
requirement that certain government meetings be open to 4he
public, and inserting in lieu thereof new paragraphs (1) and
(2) to read as follows:
"(1) 'Agency' means:
'(A) Every state department, agency, board, bureau,
commission, public corporation, and authority;
(B) Every county, municipal corporation, school
district, or other political subdivision of this
state;
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(C) Every department, agency, board, bureau,
commission, authority, or similar body of each such
county, municipal corporation, or other political
subdivision of the state;
(D) Every city, county, regional, or other authority
established pursuant to the laws of this state; and
(E) Any nonprofit organization to which there is a
direct allocation of tax funds made by the governing
authority of any agency as defined in this paragraph
and which allocation constitutes more than 33 1/3
percent of the funds from all sources of such
organization; provided, however, this subparagraph
shall not include hospitals, nursing homes, dispensers
of pharmaceutical products, or any other type
organization, person, or firm furnishing medical or
health services to a citizen for which they receive
reimbursement from the state whether directly or
indirectly; nor shall this term-- include a subagency or
affiliate of such a nonprofit organization from or
through which the allocation of tax funds is made.
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HB 278 - Slate agencies; certain m...s; agenda and affidavit _ Fulllext
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hup:/IIegnetll999 _ OO/leglfulltextlhb278.:
(2) 'Meeting. means the gathering of a quorum of the
members of the governing body of an agency or of any
committee of its members created by such governing body,
whether standing or special, pursuant to schedule, call,
or notice of or from such governing body or committee or
an authorized member, at a designated time and place at
which any public matter, official business~ or policy of
the agency is to be discussed or presented or at which
official action is to be taken or, in the case of a
committee, recommendations on any public matter,
official business, or policy to the governing body are
to be formulated,-presented, or discussed. The
assembling together of a quorum of the members of a'
governing body or committee for the purpose of making
inspections of physical facilities under the '
jurisdiction of such agency or for the purposes of
meeting with the governing bodies, officers, agents, or
employees of other agencies at places outside the
geographical jurisdiction of an agency and at which no
final official action is to be taken shall not be deemed
. a 'meeting. '"
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SECTION 2.
Said chapter is further amended by striking in its entirety
subsection (e) of Code Section 50-14-1, relating to the
requirement that certain government meetings be open to the
public, and inserting in lieu thereof a new subsection (e)
to read as follow:
II (e) (1) Prior to any meeting, the agency holding such
meeting shall make available an agenda of all matters
expected to come before the agency at such meeting. The
agenda shall be available upon request and shall be
posted at the meeting site, as far in advance of the
meeting as reasonably possible, but shall not be
required to be available more than two weeks prior to
the meeting and shall be posted, at a minimum, at some
time during the two week period immediately prior to the
meeting. Failure to include on the agenda an item which
becomes necessary to address during the course of a
meeting shall not preclude considering and acting upon
such item.
(2) A summary ~A 23gAQ2 of the subjects acted on and
those members present at a meeting of any agency shall
be written and made available to the public for
inspection within two business days of the adjournment
of a meeting of any agency. The minutes of a meeting of
any agency shall be promptly recorded and such records
shall be open to public inspection once approved as
official by the agency, but in no case later than
immediately following the next regular meeting of the
agency; provided, however, nothing contained in this
chapter shall prohibit the earlier release of minutes,
whether approved by the agency or not. Said minutes
shall, as a minimum, include the names of the members
present at the meeting, a description of each motion or
other proposal made, and a record of all votes. In the
case of a roll-call vote the name of each person voting
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HB 278 - State agencies; cenain m...s; agenda and affidavit - Fulltext
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http://legnetl1999_00lleglfulltextlhb278
for or against a proposal shall be recorded and in all
other cases it shall be presumed that the action taken
was approved by each person in attendance unless the
minutes reflect the name of the persons voting against
the proposal or abstaining."
SECTION 3.
Said chapter is further amended by striking in its entirety
Code Section 50-14-4, relating to procedure when meetings of
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agencies are closed, and inserting in lieu thereof a new
Code Section 50-14-4 to read as follows:
"50-14-4..
(a) When any meeting of an agency is closed to the public
pursuant to any provision of this chapter, the specific
reasons for such closure shall be entered upon the
official minutes, the meeting shall not be closed to the
public except by a majority vote of a quorum present for
the meeting, the minutes shall reflect the names of the
members present and the names of those voting for clospre,
and that part of the ,minutes shall .be made available to
the public as any other minutes. Where a meeting of an
agency is devoted in part to matters within the exceptions
gQ~ fgr~a ia taiggaAptQr provided by law, any portion of
the meeting not subject to any such exception, privilege,
or confidentiality shall be open to the public,and the
minutes of such portions not subject to any.such exception
shall be taken, recorded, and open to public inspection as
provided in subsection (e) of Code Section 50-14-1.
(b) When any meeting of an agency is closed to the public
pursuant to subsection la) of this Code section, the
chairperson or other person presiding over such meeting
shall execute and file with the official minutes of the
meeting a notarized affidavit stating under oath that the
sub;ect matter of the meeting or the closed portion
thereof was devoted to matters within the exceptions
provided by law and identifying the specific relevant
exception."
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.