Bill Text: GA HB397 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State government; open meetings and records; revise provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-04-17 - Effective Date [HB397 Detail]
Download: Georgia-2011-HB397-Introduced.html
Bill Title: State government; open meetings and records; revise provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-04-17 - Effective Date [HB397 Detail]
Download: Georgia-2011-HB397-Introduced.html
11 LC 28
5571ER
House
Bill 397
By:
Representatives Powell of the
171st,
Bearden of the
68th,
Powell of the
29th,
Greene of the
149th,
Baker of the
78th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 50 of the Official Code of Georgia Annotated, relating to state
government, so as to comprehensively revise the provisions of law regarding open
meetings and open records; to provide definitions relating to open meetings; to
provide for the manner of closing meetings; to provide for open meetings; to
provide for remedies for improperly closing meetings; to provide for notice of
meetings; to provide for exceptions; to provide for certain privileges; to
provide for sanctions; to provide for related matters; to provide for
legislative intent regarding open records; to provide for definitions relating
to open records; to provide for applicability; to provide for procedures
regarding disclosure and enforcement of disclosure provisions; to provide for
fees and the amount and manner of collection thereof; to provide for exceptions
and exemptions; to provide for sanctions; to provide for related matters; to
conform certain cross references; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising Chapter 14, relating to open and public meetings, as
follows:
"CHAPTER
14
50-14-1.
(a)
As used in this chapter, the term:
(1)
'Agency' means:
(A)
Every state department, agency, board, bureau,
office,
commission, public corporation, and authority;
(B)
Every county, municipal corporation, school district, or other political
subdivision of this state;
(C)
Every department, agency, board, bureau,
office,
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, that 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.
(2)
'Meeting'
means:
(A)
The
the
gathering of a quorum of the members of the governing body of an agency
at which
official business or policy of the governing body is formulated, presented,
discussed, or voted upon;
(B)
The gathering
or
of any committee of
its
the
members of the
governing body of an agency or persons appointed by those members to serve in
their stead at which
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, or
voted upon; or
(C)
The gathering of or communications between more than two but less than a quorum
of the members of the governing body of an agency or persons appointed by those
members to serve in their stead if the primary purpose of that gathering is to
evade or avoid the quorum requirements for conducting a meeting while discussing
or conducting official
business.
The
assembling
together
gathering
of a quorum of the members of a governing body or committee for the purpose of
making inspections of physical facilities
or
property 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
training
outside the geographical jurisdiction of an agency
and
at which no
final
official
business of the agency is to be discussed
or official action is to be taken shall
not be deemed a 'meeting.'
(b)
Except as otherwise provided by law, all meetings as defined in subsection (a)
of this Code section shall be open to the public.
All votes at
any meeting shall be taken in public after due notice of the meeting and
compliance with the posting and agenda requirements of this chapter. Before any
gathering outside of the agency's geographical jurisdiction pursuant to
paragraph (2) of subsection (a) of this Code section, the agency shall comply
with the notice requirements of this Code section and shall not take votes or
conduct other business unless it complies with all of the requirements of this
chapter. 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 that any
or, if the
meeting was held in a manner not permitted by law, within 90 days from the date
the alleged violation was discovered if such date is not more than six months
after the date the contested action was taken.
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.
(c)
The public at all times shall be afforded access to meetings declared open to
the public pursuant to subsection (b) of this Code section.
Visual,
sound, and visual and sound recording
during open meetings shall be permitted.
(d)(1)
Every
agency
entity subject
to this chapter shall prescribe the time,
place, and dates of regular meetings of the
agency
entity. Such information shall be
available to the general public and a notice containing such information shall
be posted at
least one week in advance and maintained
in a conspicuous place available to the public at the regular
meeting
place of
the
an
agency or
committee meeting subject to this chapter as well as on the agency's website, if
any. Meetings shall be held in accordance
with a regular schedule, but nothing in this subsection shall preclude an agency
from canceling or postponing any regularly scheduled meeting.
(2)
Whenever
any meeting required to be open to the public is to be held at a time or place
other than at the time and place prescribed for regular meetings, the agency
shall give due notice thereof. 'Due notice' shall be the posting of a written
notice for at least 24 hours at the place of regular meetings and giving of
written
Written
or oral notice
shall be
given at least 24 hours in advance of
the
any
meeting to the legal organ in which notices of sheriff's sales are published in
the county where regular meetings are held or at the option of the agency to a
newspaper having a general circulation in said county at least equal to that of
the legal organ; provided, however,
that,
in counties where the legal organ is published less often than four times
weekly,
'due
notice'
sufficient
notice shall be the posting of a written
notice for at least 24 hours at the place of regular meetings and, upon written
request from any local broadcast or print media outlet whose place of business
and physical facilities are located in the county, notice by
telephone,
or
facsimile, or
e-mail to that requesting media outlet at
least 24 hours in advance of the called meeting.
Whenever
notice is given to a legal organ or other newspaper, that publication shall
immediately as practicable make the information available upon inquiry to any
member of the public.
(3)
When special circumstances occur and are so declared by an agency, that agency
may hold a meeting with less than 24 hours' notice upon giving such notice of
the meeting and subjects expected to be considered at the meeting as is
reasonable under the
circumstances,
including notice to said county legal organ or a newspaper having a general
circulation in the county at least equal to that of the legal organ, in which
event the reason for holding the meeting within 24 hours and the nature of the
notice shall be recorded in the minutes.
Whenever
notice is given to a legal organ or other newspaper, that publication shall
immediately make the information available upon inquiry to any member of the
public. Any oral notice required or permitted by this subsection may be given
by telephone.
(e)(1)
Prior to any meeting, the agency
or
committee holding such meeting shall make
available an agenda of all matters expected to come before the agency
or
committee 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)
A summary 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.
(B)
The
regular minutes of a meeting
of any
agency
subject to
this chapter shall be promptly recorded
and such records shall be open to public inspection once approved as official by
the agency or
its committee, but in no case later than
immediately following
the
its
next regular meeting
of the
agency; provided, however,
that
nothing contained in this chapter shall prohibit the earlier release of minutes,
whether approved by the agency or not. Said minutes shall,
as
at
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
The
name of each person voting 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.
(C)
Minutes shall also be recorded but not open to the public as to each issue
discussed in executive or closed session by the agency or committee. In the
case of such a closed meeting where matters subject to the attorney-client
privilege are discussed, the fact that an attorney-client discussion occurred
and its subject shall be identified, but the substance of the discussion shall
not be recorded in the minutes. Such minutes shall be kept and preserved for in
camera inspection by an appropriate court should a dispute arise as to the
propriety of any closed or executive session.
(f)
An agency with state-wide jurisdiction shall be authorized to conduct meetings
by telecommunications conference, provided that any such meeting is conducted in
compliance with this chapter.
50-14-2.
This
chapter shall not be construed so as to repeal in any way:
(1)
The attorney-client privilege recognized by state law to the extent that a
meeting otherwise required to be open to the public under this chapter may be
closed in order to consult and meet with legal counsel pertaining to pending or
potential litigation, settlement, claims, administrative proceedings, or other
judicial actions brought or to be brought by or against the agency or any
officer or employee or in which the agency or any officer or employee may be
directly involved; provided, however, the meeting may not be closed for advice
or consultation on whether to close a meeting; and
(2)
Those tax matters which are otherwise made confidential by state
law.
50-14-3.
This
chapter shall not apply to the following:
(1)
Staff meetings held for investigative purposes under duties or responsibilities
imposed by law;
(2)
The deliberations and voting of the State Board of Pardons and Paroles; and in
addition said board may close a meeting held for the purpose of receiving
information or evidence for or against clemency or in revocation proceedings if
it determines that the receipt of such information or evidence in open meeting
would present a substantial risk of harm or injury to a witness;
(3)
Meetings of the Georgia Bureau of Investigation or any other law enforcement
agency in the state, including grand jury meetings;
(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, 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;. It
shall not be a violation of this chapter for an agency to decide in such a
closed meeting to authorize negotiations to purchase property, to authorize
entering into a contract to purchase property subject to a subsequent public
vote, or to authorize the entering of an option to purchase real estate subject
to approval at a later public vote. No vote to acquire real estate shall be
binding on an agency until a vote is taken in an open meeting where the identity
of the property and the terms of the acquisition are disclosed before the
vote;
(5)
Meetings of the governing authority of a public hospital or any committee
thereof when discussing the granting, restriction, or revocation of staff
privileges or the granting of abortions under state or federal law;
(6)
Meetings when discussing or deliberating upon the appointment, employment,
compensation, hiring, disciplinary action or dismissal, or periodic evaluation
or rating of a public officer or employee
but not
when receiving evidence
or
interviewing a director, chief executive, chief administrator, or other official
with a similar role or title. This exception shall not apply to the receipt of
documents or statements or hearing
argument on charges filed to determine disciplinary action or dismissal of a
public officer or employee
or considering
or discussing matters of policy regarding the employment or hiring practices of
the agency. The vote on any matter
covered by this paragraph shall be taken in public and minutes of the meeting as
provided in this chapter shall be made available. Meetings by an agency to
discuss or take action on the filling of a vacancy in the membership of the
agency itself shall at all times be open to the public as provided in this
chapter;
(7)
Adoptions and proceedings related thereto;
(8)
Meetings of the board of trustees or the investment committee of any public
retirement system created by Title 47 when such board or committee is discussing
matters pertaining to investment securities trading or investment portfolio
positions and composition; and
(9)
Meetings
when discussing
Portions of
meetings during which the contents of any
records that are exempt from public inspection or disclosure pursuant to
paragraph
(15) of subsection (a) of Code Section 50-18-72, when discussing any information
a record of which would be exempt from public inspection or disclosure under
said paragraph, or when reviewing or discussing any security plan under
consideration pursuant to paragraph (10) of subsection (a) of Code Section
15-16-10
Article 4 of
Chapter 18 of this title are
discussed.
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 closure, 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
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 (a)
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 subject 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.
50-14-5.
(a)
The superior courts of this state shall have jurisdiction to enforce compliance
with the provisions of this chapter, including the power to grant injunctions or
other equitable relief. In addition to any action that may be brought by any
person, firm, corporation, or other entity, the Attorney General shall have
authority to bring enforcement actions, either civil or criminal, in his or her
discretion as may be appropriate to enforce compliance with this
chapter.
(b)
In any action brought to enforce the provisions of this chapter in which the
court determines that an agency acted without substantial justification in not
complying with this chapter, the court shall, unless it finds that special
circumstances exist, assess in favor of the complaining party reasonable
attorney's fees and other litigation costs reasonably incurred. Whether the
position of the complaining party was substantially justified shall be
determined on the basis of the record as a whole which is made in the proceeding
for which fees and other expenses are sought.
(c)
Any agency or person who provides access to information in good faith reliance
on the requirements of this chapter shall not be liable in any action on account
of having provided access to such information.
50-14-6.
Any
person knowingly and willfully conducting or participating in a meeting in
violation of this chapter shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed
$500.00
$1,000.00.
Alternatively, a fine may be imposed by the court in any civil action brought
pursuant to this chapter against any person who knowingly and willfully violates
the terms of this chapter in an amount not to exceed $1,000.00 for the first
violation. A fine not to exceed $2,500.00 per violation may be imposed for each
additional violation that the violator commits within a 12 month period from the
date that the first fine was imposed. It shall be a defense to any criminal
action under this Code section that a person has acted in good faith in his or
her actions."
SECTION
2.
Said
title is further amended by revising Article 4 of Chapter 18, relating to
inspection of public records, as follows:
"ARTICLE
4
50-18-70.
(a)
The General
Assembly finds that it is essential to a free, open, and democratic society that
the records of its government be open to inspection by the public. This article
shall be broadly construed to allow the inspection of governmental records and
its exceptions interpreted narrowly to exclude only those portions of records
addressed by an exception.
(b)
As used in this article, the
term:
(1)
'Agency' means every state or local department, agency, board, bureau, office,
commission, public corporation, and authority; district; county; municipal
corporation; hospital authority; other political subdivision of any kind of
state or local government; and qualifying nonprofit organization. The term
'agency' shall not include political or governmental bodies that are within the
judicial or legislative branch.
(2)
'public
record' shall mean
'Public
document' means 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
in the
possession of an agency or in the possession of a private person or entity when
such documents have been transferred to it by an agency for storage or future
governmental use or have been generated pursuant to a formal or informal
agreement with an agency to provide a governmental service that might otherwise
be provided by an 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, 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 subject 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 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.
(3)
'Qualifying nonprofit organization' means any nonprofit organization subject to
Chapter 14 of this title under subparagraph (a)(1)(E) of Code Section
50-14-1.
(b)
All public records of an agency as defined in subsection (a) of this Code
section, except those which by order of a court of this state or by law are
prohibited or specifically exempted from being open to inspection by the general
public, shall be open for a personal inspection by any citizen of this state at
a reasonable time and place; and those in charge of such records shall not
refuse this privilege to any citizen.
(c)
Any computerized index of a county real estate deed records shall be printed for
purposes of public inspection no less than every 30 days and any correction made
on such index shall be made a part of the printout and shall reflect the time
and date that said index was corrected.
(d)
No public officer or agency shall be required to prepare reports, summaries, or
compilations not in existence at the time of the request.
(e)
In a pending proceeding under Chapter 13 of this title, the 'Georgia
Administrative Procedure Act,' or under any other administrative proceeding
authorized under Georgia law, a party may not access public records pertaining
to the subject of the proceeding pursuant to this article without the prior
approval of the presiding administrative law judge, who shall consider such open
record request in the same manner as any other request for information put forth
by a party in such a proceeding. This subsection shall not apply to any
proceeding under Chapter 13 of this title, relating to the revocation,
suspension, annulment, withdrawal, or denial of a professional education
certificate, as defined in Code Section 20-2-200, or any personnel proceeding
authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of
Title 20.
(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 subject to inspection under this article need not be
made available 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 inspection or copying if the public officer or agency 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 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, subject to
reasonable security restrictions preventing access to nonrequested or
nonavailable records.
50-18-71.
(a)
In all
cases where an interested member of the public has a right to inspect or take
extracts or make copies from any public records, instruments, or documents, any
such person shall have the right of access to the records, documents, or
instruments for the purpose of making photographs or reproductions of the same
while in the possession, custody, and control of the lawful custodian thereof,
or his authorized deputy. Such work shall be done under the supervision of the
lawful custodian of the records, who shall have the right to adopt and enforce
reasonable rules governing the work. The work shall be done in the room where
the records, documents, or instruments are kept by law. While the work is in
progress, the custodian may charge the person making the photographs or
reproductions of the records, documents, or instruments at a rate of
compensation to be agreed upon by the person making the photographs and the
custodian for his services or the services of a deputy in supervising the
work
All public
documents shall be open for personal inspection, except those which by order of
a court of this state or by law are specifically exempted from disclosure.
Records shall be maintained by agencies consistent with the record retention
requirements of Article 5 of this
chapter.
(b)(1)
Where fees
for certified copies or other copies or records are specifically authorized or
otherwise prescribed by law, such specific fee shall
apply
Agencies shall
produce all records for inspection within three business days of receipt of a
written request upon the director, chairperson, or chief executive officer,
however denominated, of an agency, the senior official at any satellite office
of an agency, a clerk specifically designated by an agency as the custodian of
agency records, or a duly designated open records officer of an agency. In
those instances where some, but not all, records can be produced within three
business days, an agency shall make available within that period those records
that can be located and
produced.
(2)
Each agency may designate in writing one or more open records officers upon whom
requests for inspection or copying of records may be delivered in addition to
delivery of requests to the director, chairperson, or chief executive officer,
however denominated, of every such agency. Each agency may immediately provide
notice to any person upon request, orally or in writing, of those open records
officers. The three-day period for response to a request under this article to
inspect, copy, or produce records shall not begin to run until a request is made
in writing upon either a duly designated open records officer or director,
chairperson, or chief executive officer, however denominated, of every such
agency.
(c)(1)
Where no
fee is otherwise provided by law, the agency may charge and collect a uniform
copying fee not to exceed 25¢ per
page
An agency may
impose a reasonable charge for the search, retrieval, redaction, and production
or copying costs for the production of records pursuant to this article. Where
fees for certified copies or other copies or records are specifically authorized
or otherwise prescribed by law, such specific fee shall apply when certified
copies or other records to which a specific fee may apply are sought. In all
other instances, the charge for the search, retrieval, or redaction of records
shall not exceed the prorated hourly salary of the lowest paid full-time
employee who, in the discretion of the custodian of the records, has the
necessary skill and training to perform the request; provided, however, that no
charge shall be made for the first quarter hour, and an agency shall utilize the
most economical means reasonably calculated to identify responsive, nonexcluded
documents.
(2)
Charges for the redaction of records may only be imposed where redaction is
necessary to protect the confidentiality or privacy of information regarding
private individuals or entities.
(3)
In addition to a charge for the search, retrieval, or redaction of records, an
agency may charge a fee for the copying of records or data, not to exceed
25¢ per page or, in the case of electronic records, the actual cost of
media on which the records or data are produced.
(4)
Whenever any person has requested to inspect or copy a public record and does
not pay the cost for search, retrieval, redaction, or copying of such records
when such charges have been lawfully estimated and agreed to pursuant to this
article, and regardless of whether the requester inspects or accepts copies of
the records, an agency, except for a qualifying nonprofit organization, is
authorized to collect such charges in any manner authorized by law for the
collection of taxes, fees, or assessments.
(d)
In
addition, a reasonable charge may be collected for search, retrieval, and other
direct administrative costs for complying with a request under this Code
section. The hourly charge shall not exceed the salary of the lowest paid
full-time employee who, in the discretion of the custodian of the records, has
the necessary skill and training to perform the request; provided, however, that
no charge shall be made for the first quarter
hour
In any
instance where an agency cannot produce records within three business days of
receipt of the request, or will seek costs for the search, retrieval, redaction,
or copying of records or is withholding all or part of a requested record, the
agency shall write the requester within this time period and inform the
requester when the records will be available for inspection or copying, estimate
the costs, as provided in this article, for production of the records, and state
the specific legal authority exempting such record or records from disclosure by
Code section, subsection, and paragraph. In instances where an agency will seek
costs for production of the records in excess of $10.00, an agency may defer
search and retrieval of the records until the requester agrees to pay the
estimated costs, and in any instance in which the estimated costs for production
of the records exceeds $500.00, an agency may insist on prepayment of the costs
prior to beginning search, retrieval, review, or production of the records.
Whenever any person who has requested to inspect or copy a public record has not
paid, when due, the cost for search, retrieval, redaction, or copying of such
records, an agency shall not be required to produce further records to such
person until the costs for the prior production of records have been
paid.
(e)
An agency
shall utilize the most economical means available for providing copies of public
records
Records that
are sought as part of or for use in any ongoing civil or administrative
litigation shall be subject to the rules governing production of documents in
such litigation and shall not be subject to this article. This subsection shall
not apply to any proceeding under Chapter 13 of this title, relating to the
revocation, suspension, annulment, withdrawal, or denial of a professional
education certificate, as defined in Code Section 20-2-200, or any
personnel proceeding authorized under Article 25 or Part 7 or 11 of Article 17
of Chapter 2 of Title 20.
(f)
Where
information requested is maintained by computer, an agency may charge the public
its actual cost of a computer disk or tape onto which the information is
transferred and may charge for the administrative time involved as set forth in
subsection (d) of this Code section
Agencies shall
produce for inspection and copying printouts of data or selected data fields
from data bases that the agency maintains using the computer programs or
subroutines that the agency has in its possession. An agency shall not be
required to create new programs, subroutines, functions, or formats to produce
such data and shall not be required to produce the programs or subroutines
necessary to read the data in electronic format if a computer printout that
complies with this subsection is provided. Any person or entity may request
that data or electronic records or information be produced in the format in
which such data or electronic records are kept by the agency, and in such
instance, the data or electronic records may be downloaded onto suitable
electronic media by the agency. Except as otherwise provided by law, no public
officer or agency shall be required to prepare reports, summaries, or
compilations not in existence at the time of the request or to answer questions
or interrogatories propounded by a
requester.
(g)
Whenever
any person has requested one or more copies of a public record and such person
does not pay the copying charges and charges for search, retrieval, or other
direct administrative costs in accordance with the provisions of this Code
section:
(1)
A county or a department, agency, board, bureau, commission, authority, or
similar body of a county is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or assessments owed to the
county;
(2)
A municipal corporation or a department, agency, board, bureau, commission,
authority, or similar body of a municipal corporation is authorized to collect
such charges in any manner authorized by law for the collection of taxes, fees,
or assessments owed to the municipal corporation;
(3)
A consolidated government or a department, agency, board, bureau, commission,
authority, or similar body of a consolidated government is authorized to collect
such charges in any manner authorized by law for the collection of taxes, fees,
or assessments owed to the consolidated government;
(4)
A county school board or a department, agency, board, bureau, commission,
authority, or similar body of a county school board is authorized to collect
such charges in any manner authorized by law for the collection of taxes, fees,
or assessments owed to the county;
(5)
An independent school board or a department, agency, board, bureau, commission,
authority, or similar body of an independent school board is authorized to
collect such charges in any manner authorized by law for the collection of
taxes, fees, or assessments owed to the municipal corporation; and
(6)
A joint or regional authority or instrumentality which serves one or more
counties and one or more municipal corporations, two or more counties, or two or
more municipal corporations is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or assessments owed to the
county if a county is involved with the authority or instrumentality or in any
manner authorized by law for the collection of taxes, fees, or assessments owed
to the municipal corporation if a municipal corporation is involved with the
authority or instrumentality.
This
subsection shall apply whether or not the person requesting the copies has
appeared to receive the copies
Requests to
inspect or copy electronic messages, whether in the form of e-mail, text
message, or other format, shall contain information about the messages that is
reasonably calculated to allow the recipient of the request to locate the
messages sought, including, if known, the name, title, or office of the specific
person or persons whose electronic messages are sought and, to the extent
possible, the specific data bases to be searched for such
messages.
(h)
In lieu of providing separate printouts or copies of records or data, an agency
may provide access to records through a website accessible by the
public.
(i)
Any computerized index of county real estate deed records shall be printed for
purposes of public inspection no less than every 30 days, and any correction
made on such index shall be made a part of the printout and shall reflect the
time and date that such index was corrected.
(j)(1)
Notwithstanding any other provision of this article, an exhibit tendered to the
court as evidence in a criminal or civil trial shall not be open to public
inspection without approval of the judge assigned to the case.
(2)
Except as provided in paragraph (4) of this subsection, in the event inspection
is not approved by the court, in lieu of inspection of such an exhibit, the
custodian of such an exhibit shall, upon request, provide one or more of the
following representations of the exhibit:
(A)
A photograph;
(B)
A photocopy;
(C)
A facsimile; or
(D)
Another reproduction.
(3)
The provisions of this article regarding fees for production of a record shall
apply to exhibits produced according to this subsection.
(4)
Any physical evidence that is used as an exhibit in a criminal or civil trial to
show or support an alleged violation of Part 2 of Article 3 of Chapter 12 of
Title 16 shall not be open to public inspection except as provided in subsection
(a) of this Code section. If the judge approves inspection of such physical
evidence, the judge shall designate, in writing, the facility owned or operated
by an agency of state or local government where such physical evidence may be
inspected. If the judge permits inspection, such property or material shall not
be photographed, copied, or reproduced by any means. Any person who violates
the provisions of this subsection shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than one nor
more than 20 years or by a fine of not more than $100,000.00, or
both.
50-18-71.1.
(a)
Notwithstanding any other provision of this article, an exhibit tendered to the
court as evidence in a criminal or civil trial shall not be open to public
inspection without approval of the judge assigned to the case or, if no judge
has been assigned, approval of the chief judge or, if no judge has been
designated chief judge, approval of the judge most senior in length of service
on the court.
(b)
Except as provided in subsection (d) of this Code section, in the event
inspection is not approved by the court, in lieu of inspection of such an
exhibit, the custodian of such an exhibit shall, upon request, provide one or
more of the following representations of the exhibit:
(1)
A photograph;
(2)
A photocopy;
(3)
A facsimile; or
(4)
Another reproduction.
(c)
The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71
shall apply to fees, costs, and charges for providing a photocopy of such an
exhibit. Fees for providing a photograph, facsimile, or other reproduction of
such an exhibit shall not exceed the cost of materials or supplies and a
reasonable charge for time spent producing the photograph, facsimile, or other
reproduction, in accordance with subsections (d) and (e) of Code Section
50-18-71.
(d)
Any physical evidence that is evidence of a violation of Part 2 of Article 3 of
Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial,
shall not be open to public inspection except as provided in subsection (a) of
this Code section. If the judge approves inspection of such physical evidence,
the judge shall designate, in writing, the location where such physical evidence
may be inspected, which location shall be in a facility owned or operated by an
agency of state or local government. If the judge permits inspection, such
property or material shall not be photographed, copied, or reproduced by any
means. Any person who violates the provisions of this subsection shall be
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than 20 years and by a fine of not
more than $100,000.00, or both.
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 records are made available by electronic
means.
50-18-72.
(a)
Public disclosure shall not be required for records that are:
(1)
Specifically required by federal statute or regulation to be kept
confidential;
(2)
Medical or veterinary records and similar files, the disclosure of which would
be an invasion of personal privacy;
(3)
Except as otherwise provided by law, records compiled for law enforcement or
prosecution purposes to the extent that production of such records would
disclose the identity of a confidential source, disclose confidential
investigative or prosecution material which would endanger the life or physical
safety of any person or persons, or disclose the existence of a confidential
surveillance or investigation;
(4)
Records of law enforcement, prosecution, or regulatory agencies in any pending
investigation or prosecution of criminal or unlawful activity, other than
initial police arrest reports and initial incident reports; provided, however,
that an investigation or prosecution shall no longer be deemed to be pending
when all direct litigation involving said investigation and prosecution has
become final or otherwise terminated;
(4.1)(5)
Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the
submission of a written statement of need by the requesting
party, such
statement to be provided to the custodian
of records and to set forth the need for the report pursuant to this Code
section; provided, however, that any person or entity whose name or identifying
information is contained in a Georgia Uniform Motor Vehicle Accident Report
shall be entitled, either personally or through a lawyer or other
representative, to receive a copy of such report; and provided, further, that
Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk
for inspection or copying by any person absent a written statement showing the
need for each such report pursuant to the requirements of this Code section.
For the purposes of this subsection, the term 'need' means that the natural
person or legal entity who is requesting in person or by representative to
inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A)
Has a personal, professional, or business connection with a party to the
accident;
(B)
Owns or leases an interest in property allegedly or actually damaged in the
accident;
(C)
Was allegedly or actually injured by the accident;
(D)
Was a witness to the accident;
(E)
Is the actual or alleged insurer of a party to the accident or of property
actually or allegedly damaged by the accident;
(F)
Is a prosecutor or a publicly employed law enforcement officer;
(G)
Is alleged to be liable to another party as a result of the
accident;
(H)
Is an attorney stating that he or she needs the requested reports as part of a
criminal
case,
or an investigation of a potential claim involving contentions that a roadway,
railroad crossing, or intersection is unsafe;
(I)
Is gathering information as a representative of a news media
organization;
(J)
Is conducting research in the public interest for such purposes as accident
prevention, prevention of injuries or damages in accidents, determination of
fault in an accident or accidents, or other similar purposes; provided, however,
this subparagraph
will
shall
apply only to accident reports on accidents that occurred more than 30 days
prior to the request and which shall have the name, street address, telephone
number, and driver's license number redacted; or
(K)
Is a governmental official, entity, or agency, or an authorized agent thereof,
requesting reports for the purpose of carrying out governmental functions or
legitimate governmental duties;
(5)(6)
Records
that
consist
consisting
of confidential evaluations submitted to, or examinations prepared by, a
governmental agency and prepared in connection with the appointment or hiring of
a public officer or employee;
(7)
and
records
Records
consisting of material obtained in investigations related to the suspension,
firing, or investigation of complaints against public officers or employees
until ten days after the same has been presented to the agency or an officer for
action or the investigation is otherwise concluded or terminated, provided that
this paragraph shall not be interpreted to make such investigatory records
privileged;
(6)(A)(8)
Real estate appraisals, engineering or feasibility estimates, or other records
made for or by the state or a local agency relative to the acquisition of real
property until such time as the property has been acquired or the proposed
transaction has been terminated or abandoned;
and
(B)(9)
Engineers'
cost estimates and pending,
Pending,
rejected, or deferred bids or proposals
and cost
estimates related thereto until such time
as the final award of the contract is made or the project is terminated or
abandoned.
The provisions of this subparagraph shall apply whether the bid or proposal is
received or prepared by the Department of Transportation pursuant to Article 4
of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of
Title 32, by a municipality pursuant to Article 4 of Chapter 4 of Title 32, or
by a governmental entity pursuant to Article 2 of Chapter 91 of Title
36;
(7)(10)
Notwithstanding
any other provision of this article, an agency shall not be required to release
those portions of records
Records
which
would
identify persons applying for or under consideration for employment or
appointment as
director,
chief
executive,
chief administrator, or other official with a similar role or title
as head of an agency
as that
term is defined in paragraph (1) of subsection (a) of Code Section
50-14-1, or of a unit of the University
System of Georgia; provided, however, that at least 14 calendar days prior
to the meeting at which final action or vote is to be taken on the position,
the agency
shall release all documents
which came
into its possession with respect to as many
as
concerning as
many as three persons under consideration
whom the agency has determined to be the best qualified for the position
and from
among whom the agency intends to fill the
position
shall be
subject to inspection and copying. Prior
to the release of these documents, an agency may allow such a person to decline
being considered further for the position rather than have documents pertaining
to
the
such
person released. In that event, the agency shall release the documents of the
next most qualified person under consideration who does not decline the
position. If an agency has conducted its hiring or appointment process
open to the
public
in a manner
consistent with Chapter 14 of this title,
it shall not be required to delay 14 days to take final action on the position.
The agency shall not be required to release such records
with
respect to
of
other applicants or persons under consideration, except at the request of any
such person. Upon request, the hiring agency shall furnish the number of
applicants and the composition of the list by such factors as race and sex.
The agency shall not be allowed to avoid the provisions of this paragraph by the
employment of a private person or agency to assist with the search or
application process;
(8)(11)
Related to the provision of staff services to individual members of the General
Assembly by the Legislative and Congressional Reapportionment Office, the Senate
Research Office, or the House Research Office, provided that this exception
shall not have any application
with
respect to records related to the
provision of staff services to any committee or subcommittee or to any records
which are or have been previously publicly disclosed by or pursuant to the
direction of an individual member of the General Assembly;
(9)(12)
Records that are of historical research value which are given or sold to public
archival institutions, public libraries, or libraries of a unit of the Board of
Regents of the University System of Georgia when the owner or donor of such
records wishes to place restrictions on access to the records. No restriction
on access, however, may extend more than 75 years from the date of donation or
sale. This exemption shall not apply to any records prepared in the course of
the operation of state or local governments of the State of
Georgia;
(10)(13)
Records that contain information from the Department of Natural Resources
inventory and register relating to the location and character of a historic
property or of historic properties as those terms are defined in Code Sections
12-3-50.1 and 12-3-50.2 if the Department of Natural Resources through its
Division of Historic Preservation determines that disclosure will create a
substantial risk of harm, theft, or destruction to the property or properties or
the area or place where the property or properties are located;
(10.1)(14)
Records of farm water use by individual farms as determined by water-measuring
devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided,
however, that compilations of such records for the 52 large watershed basins as
identified by the eight-digit United States Geologic Survey hydrologic code or
an aquifer that do not reveal farm water use by individual farms shall be
subject to disclosure under this article;
(10.2)(15)
Agricultural or food system records, data, or information that are considered by
the
Georgia
Department of Agriculture to be a part of the critical infrastructure, provided
that nothing in this paragraph shall prevent the release of such records, data,
or information to another state or federal agency if the release of such
records, data, or information is necessary to prevent or control disease or to
protect public health, safety, or welfare. As used in this paragraph, the term
'critical infrastructure' shall have the same meaning as in 42 U.S.C. Section
5195c(e). Such records, data, or information shall be subject to disclosure
only upon the order of a court of competent jurisdiction;
(10.3)(16)
Records, data, or information collected, recorded, or otherwise obtained that is
deemed confidential by the
Georgia
Department of Agriculture for the purposes of the national animal identification
system, provided that nothing in this paragraph shall prevent the release of
such records, data, or information to another state or federal agency if the
release of such records, data, or information is necessary to prevent or control
disease or to protect public health, safety, or welfare. As used in this
paragraph, the term 'national animal identification program' means a national
program intended to identify animals and track them as they come into contact
with or commingle with animals other than herdmates from their premises of
origin. Such records, data, or information shall be subject to disclosure only
upon the order of a court of competent jurisdiction;
(11)(17)
Records that contain
site
specific
site-specific
information regarding the occurrence of rare species of plants or animals or the
location of sensitive natural habitats on public or private property if the
Department of Natural Resources determines that disclosure will create a
substantial risk of harm, theft, or destruction to the species or habitats or
the area or place where the species or habitats are located; provided, however,
that the owner or owners of private property upon which rare species of plants
or animals occur or upon which sensitive natural habitats are located shall be
entitled to such information pursuant to this article;
(11.1)
An individual's social security number and insurance or medical information in
personnel records, which may be redacted from such records;
(11.2)(18)
Records that
would
reveal the names, home addresses, telephone numbers, security codes, e-mail
addresses, or any other data or information developed, collected, or received by
counties or municipalities in connection with neighborhood watch or public
safety notification programs or with the installation, servicing, maintaining,
operating, selling, or leasing of burglar alarm systems, fire alarm systems, or
other electronic security systems; provided, however, that initial police
reports and initial incident reports shall remain subject to disclosure pursuant
to paragraph (4) of this subsection;
(11.3)(19)(A)
An
Records that
reveal an individual's social security
number, mother's birth name, credit card information, debit card information,
bank account information, account number,
including
a utility account number, password used to
access his or her account,
Internet
account information, financial data or
information,
and
insurance or medical information in all records,
unlisted
telephone number if so designated in a public record, personal e-mail address or
cellular telephone number,
and,
if technically feasible at reasonable cost, day and month of birth, which shall
be redacted prior to disclosure of any record requested pursuant to this
article; provided, however, that such information shall not be redacted from
such records if the person or entity requesting such records requests such
information in a writing signed under oath by such person or a person legally
authorized to represent such entity which states that such person or entity is
gathering information as a representative of a news media organization for use
in connection with news gathering and reporting; and provided, further, that
such access shall be limited to social security numbers and day and month of
birth; and provided, further, that this news media organization exception
for access
to social security numbers and day and month of birth and the other protected
information set forth in this subparagraph
shall not apply to
teachers,
employees of a public school, or public employees as set forth
in paragraph
(13.1)
(20)
of this subsection.
For
purposes of this subparagraph, the term 'public employee' means any nonelected
employee of the State of Georgia or its agencies, departments, or commissions or
any county or municipality or its agencies, departments, or
commissions.
(B)
This paragraph shall have no application to:
(i)
The disclosure of information contained in the records or papers of any court or
derived therefrom including without limitation records maintained pursuant to
Article 9 of Title 11;
(ii)
The disclosure of information to a court, prosecutor, or publicly employed law
enforcement officer, or authorized agent thereof, seeking records in an official
capacity;
(iii)
The disclosure of information to a public employee of this state, its political
subdivisions, or the United States who is obtaining such information for
administrative purposes, in which case, subject to applicable laws of the United
States, further access to such information shall continue to be subject to the
provisions of this paragraph;
(iv)
The disclosure of information as authorized by the order of a court of competent
jurisdiction upon good cause shown to have access to any or all of such
information upon such conditions as may be set forth in such order;
(v)
The disclosure of information to the individual in respect of whom such
information is maintained, with the authorization thereof, or to an authorized
agent thereof; provided, however, that the agency maintaining such information
shall require proper identification of such individual or such individual's
agent, or proof of authorization, as determined by such agency;
(vi)
The disclosure of the day and month of birth and mother's birth name of a
deceased individual;
(vii)
The disclosure by an agency of credit or payment information in connection with
a request by a consumer reporting agency as that term is defined under the
federal Fair Credit Reporting Act (15 U.S.C. Section 1681, et
seq.);
(viii)
The disclosure by an agency of information in its records in connection with the
agency's discharging or fulfilling of its duties and responsibilities,
including, but not limited to, the collection of debts owed to the agency or
individuals or entities whom the agency assists in the collection of debts owed
to the individual or entity;
(ix)
The disclosure of information necessary to comply with legal or regulatory
requirements or for legitimate law enforcement purposes; or
(x)
The disclosure of the date of birth within criminal records.
(C)
Records and information disseminated pursuant to this paragraph may be used only
by the authorized recipient and only for the authorized purpose. Any person who
obtains records or information pursuant to the provisions of this paragraph and
knowingly and willfully discloses, distributes, or sells such records or
information to an unauthorized recipient or for an unauthorized purpose shall be
guilty of a misdemeanor of a high and aggravated nature and upon conviction
thereof shall be punished as provided in Code Section 17-10-4. Any person
injured thereby shall have a cause of action for invasion of privacy. Any
prosecution pursuant to this paragraph shall be in accordance with the procedure
in subsection (b) of Code Section 50-18-74.
(D)
In the event that the custodian of public records protected by this paragraph
has good faith reason to believe that a pending request for such records has
been made fraudulently, under false pretenses, or by means of false swearing,
such custodian shall apply to the superior court of the county in which such
records are maintained for a protective order limiting or prohibiting access to
such records.
(E)
This paragraph shall supplement and shall not supplant, overrule, replace, or
otherwise modify or supersede any provision of statute, regulation, or law of
the federal government or of this state as now or hereafter amended or enacted
requiring, restricting, or prohibiting access to the information identified in
subparagraph (A) of this paragraph and shall constitute only a regulation of the
methods of such access where not otherwise provided for, restricted, or
prohibited;
(20)
Records concerning public employees that reveal the home address, home telephone
number, social security number, insurance or medical information, mother's birth
name, credit card information, debit card information, bank account information,
account number, utility account number, password used to access his or her
account, financial data or information other than compensation by a government
agency, unlisted telephone number if so designated in a public record, and, if
technically feasible at reasonable cost, day and month of birth about public
employees or which identify the immediate family members or dependents. For the
purposes of this paragraph, the term 'public employee' means any officer or
employee of the State of Georgia or its agencies, departments, or commissions;
any county or municipality or its agencies, departments, or commissions; or
other political subdivision of the state. Public employees shall also include
teachers in public and charter schools and nonpublic schools. This paragraph
shall not apply to public records that do not specifically identify public
employees by their jobs, titles, or offices;
(12)(21)
Public records containing information that would disclose or might lead to the
disclosure of any component in the process used to execute or adopt an
electronic signature, if such disclosure would or might cause the electronic
signature to cease being under the sole control of the person using it. For
purposes of this paragraph, the term 'electronic signature' has the same meaning
as that term is defined in Code Section 10-12-2;
(13)
Records that would reveal the home address or telephone number, social security
number, or insurance or medical information of employees of the Department of
Revenue, law enforcement officers, firefighters as defined in Code Section
25-4-2, judges, emergency medical technicians and paramedics, scientists
employed by the Division of Forensic Sciences of the Georgia Bureau of
Investigation, correctional employees, and prosecutors or identification of
immediate family members or dependents thereof;
(13.1)
Records that reveal the home address, the home telephone number, the e-mail
address, or the social security number of or insurance or medical information
about public employees or teachers and employees of a public school. For the
purposes of this paragraph, the term 'public school' means any school which is
conducted within this state and which is under the authority and supervision of
a duly elected county or independent board of education. Public disclosure
shall also not be required for records that reveal the home address, the home
telephone number, the e-mail address, or the social security number of or
insurance or medical information about employees or teachers of a nonpublic
school;
(13.2)
Records that are kept by the probate court pertaining to guardianships and
conservatorships except as provided in Code Section 29-9-18;
(14)(22)
Acquired
Records
acquired by an agency for the purpose of
establishing or implementing, or assisting in the establishment or
implementation of, a carpooling or ridesharing program,
to the
extent such records would reveal the name, home address, employment address,
home telephone number, employment telephone number, or hours of employment of
any individual or would otherwise identify any individual who is participating
in, or who has expressed an interest in participating in, any such program. As
used in this paragraph, the term 'carpooling or ridesharing program' means and
includes,
including,
but
is
not limited to, the formation of carpools, vanpools, or buspools, the provision
of transit routes, rideshare research, and the development of other demand
management strategies such as variable working hours and
telecommuting;
(15)(23)(A)
Records, the disclosure of which would compromise security against sabotage or
criminal or terrorist acts and the nondisclosure of which is necessary for the
protection of life, safety, or public property, which shall be limited to the
following:
(i)
Security plans and vulnerability assessments for any public utility, technology
infrastructure, building, facility, function, or activity in effect at the time
of the request for disclosure or pertaining to a plan or assessment in effect at
such time;
(ii)
Any plan for protection against terrorist or other
attacks,
which plan
that
depends for its effectiveness in whole or in part upon a lack of general public
knowledge of its details;
(iii)
Any document relating to the existence, nature, location, or function of
security devices designed to protect against terrorist or other
attacks,
which devices
that
depend for their effectiveness in whole or in part upon a lack of general public
knowledge;
and
(iv)
Any plan, blueprint, or other material which if made public could compromise
security against sabotage, criminal, or terroristic
acts;
and
(v)
Records of any government sponsored programs providing training regarding
government security measures.
(B)
In the event of litigation challenging nondisclosure pursuant to this paragraph
by an agency of a document covered by this paragraph, the court may review the
documents in question in camera and may condition, in writing, any disclosure
upon such measures as the court may find to be necessary to protect against
endangerment of life, safety, or public property.
(C)
As used in
divisions
division
(i) and
(iv) of subparagraph (A) of this
paragraph, the term 'activity' means deployment or surveillance strategies,
actions mandated by changes in the federal threat level, motorcades, contingency
plans, proposed or alternative motorcade routes, executive and dignitary
protection, planned responses to criminal or terrorist actions, after-action
reports still in use, proposed or actual plans and responses to bioterrorism,
and proposed or actual plans and responses to requesting and receiving the
National Pharmacy Stockpile;
(16)(24)
Unless the request is made by the accused in a criminal case or by his or her
attorney, public records of an emergency 9-1-1 system, as defined in paragraph
(3) of Code Section 46-5-122, containing information which would reveal the
name, address, or telephone number of a person placing a call to a public safety
answering
point.
Such,
which information may be redacted from
such records if necessary to prevent the disclosure of the identity of a
confidential source, to prevent disclosure of material which would endanger the
life or physical safety of any person or persons, or to prevent the disclosure
of the existence of a confidential surveillance or investigation;
(17)(25)
Records of athletic or recreational programs, available through the state or a
political subdivision of the state, that include information identifying a child
or children 12 years of age or under by name, address, telephone number, or
emergency contact, unless such identifying information has been
redacted;
(18)(26)
Records of the State Road and Tollway Authority which would reveal the financial
accounts or travel history of any individual who is a motorist upon
such
any
toll
project.
Such financial records shall include but not be limited to social security
number, home address, home telephone number, e-mail address, credit or debit
card information, and bank account information but shall not include the user's
name;
(19)(27)
Records maintained by public postsecondary educational institutions in this
state and associated foundations of such institutions that contain personal
information concerning donors or potential donors to such institutions or
foundations; provided, however, that the name of any donor and the amount of
donation made by such donor shall be subject to disclosure if such donor or any
entity in which such donor has a substantial interest transacts business with
the public postsecondary educational institution to which the donation is made
within three years of the date of such donation. As used in this paragraph, the
term 'transact business' means to sell or lease any personal property, real
property, or services on behalf of oneself or on behalf of any third party as an
agent, broker, dealer, or representative in an amount in excess of $10,000.00 in
the aggregate in a calendar year and the term 'substantial interest' means the
direct or indirect ownership of more than 25 percent of the assets or stock of
an entity;
(20)(28)
Records of the Metropolitan Atlanta Rapid Transit Authority or of any other
transit system that is connected to that system's
TransCard,
or
SmartCard, or
successor or similar system which would
reveal the financial records or travel history of any individual who is a
purchaser of a TransCard or SmartCard or similar fare medium. Such financial
records shall include, but not be limited to, social security number, home
address, home telephone number, e-mail address, credit or debit card
information, and bank account information but shall not include the user's
name;
(21)(29)
Building mapping information produced and maintained pursuant to Article 10 of
Chapter 3 of Title 38;
(22)(30)
Notwithstanding the provisions of paragraph (4) of this subsection, any physical
evidence or investigatory materials that are evidence of an alleged violation of
Part 2 of Article 3 of Chapter 12 of Title
16,
which
and
are in the possession, custody, or control of law enforcement, prosecution, or
regulatory agencies;
or
(23)(31)
Records that are expressly exempt from public inspection pursuant to Code
Sections 47-1-14 and
47-7-127.;
(32)
Records consisting of trade secrets submitted with a bid or proposal to an
agency if, in the independent good faith determination of the agency receiving
the bid, the records or parts of records that have been marked as trade secrets
by a bidder qualify as trade secrets under Chapter 10 of Title 13. The agency
shall notify the requester and the bidder or bidders whose documents may be
produced of the agency's determination within three business days of receipt of
a written or electronic request for production of the documents. The agency
shall withhold release of the records for ten business days after notice of its
determination, during which period the bidder or bidders may file an action in
superior court to enjoin release of the records or obtain a declaratory judgment
as to whether the records contain trade secrets;
(b)
This article shall not be applicable to:
(1)(33)
Any trade secrets obtained from a person or business entity which are of a
privileged or confidential nature and required by law
or
regulation to be submitted to a government
agency;
or
to
(34)
data,
Data,
records, or information of a proprietary nature, produced or collected by or for
faculty or staff of state institutions of higher learning, or other governmental
agencies, in the conduct of, or as a result of, study or research on commercial,
scientific, technical, or scholarly issues, whether sponsored by the institution
alone or in conjunction with a governmental body or private concern, where such
data, records, or information has not been publicly released, published,
copyrighted, or patented;
(2)(35)
Any data, records, or information developed, collected, or received by or on
behalf of faculty, staff, employees, or students of an institution of higher
education or any public or private entity supporting or participating in the
activities of an institution of higher education in the conduct of, or as a
result of, study or research on medical, scientific, technical, scholarly, or
artistic issues, whether sponsored by the institution alone or in conjunction
with a governmental body or private entity, until such information is published,
patented, otherwise publicly disseminated, or released to an agency whereupon
the request must be made to the agency. This
subsection
applies
paragraph
shall apply to, but is not limited to,
information provided by participants in research, research notes and data,
discoveries, research projects, methodologies, protocols, and creative works;
or
(36)
Any record that would not be subject to disclosure, or the disclosure of which
would jeopardize the receipt of federal funds, under 20 U.S.C. Section 1232g or
regulations promulgated thereunder;
(3)(37)
Unless otherwise provided by law,
contract,
bid, or proposal, records consisting of
questions, scoring keys, and other
materials,
constituting a test that derives value from being unknown to the test taker
prior to
administration,
which is to be administered by
an agency,
including, but not limited to, any public school, any unit of the Board of
Regents of the University System of Georgia, any public technical
school, the State Board of Education, the
Office of Student Achievement, the Professional Standards Commission, or a local
school system, if reasonable measures are taken by the owner of the test to
protect security and confidentiality; provided, however, that the State Board of
Education may establish procedures whereby a person may view, but not copy, such
records if viewing will not, in the judgment of the board, affect the result of
administration of such test. These limitations shall not be interpreted by any
court of law to include or otherwise exempt from inspection the records of any
athletic association or other nonprofit entity promoting intercollegiate
athletics.;
(c)(1)
All public records of hospital authorities shall be subject to this article
except for those otherwise excepted by this article or any other provision of
law.
(2)(38)
All state
officers and employees shall have a privilege to refuse to
disclose
Records
disclosing the identity or personally
identifiable information of any person participating in research on commercial,
scientific, technical, medical, scholarly, or artistic issues conducted by the
Department of Community Health, the Department of Behavioral Health and
Developmental Disabilities, or a state institution of higher education whether
sponsored by the institution alone or in conjunction with a governmental body or
private
entity.
Personally identifiable information shall mean any information which if
disclosed might reasonably reveal the identity of such person including but not
limited to the person's name, address, and social security number. The identity
of such informant shall not be admissible in evidence in any court of the state
unless the court finds that the identity of the informant already has been
disclosed
otherwise.;
(d)(39)
This
article shall not be applicable to any application submitted to or
any
Any
permanent records maintained by a judge of the probate court pursuant to Code
Section 16-11-129, relating to weapons carry licenses, or pursuant to any
other requirement for maintaining records relative to the possession of
firearms.
This subsection shall not preclude law enforcement agencies from
obtaining,
except to the extent that such records
relating to licensing and possession of firearms
are sought by
law enforcement agencies as provided by
law.;
(e)
This article shall not be construed to repeal:
(1)(40)
The
Records
containing communications subject to the
attorney-client privilege
recognized
by state law to the extent that
a record
pertains to the requesting or giving of legal advice or the disclosure of facts
concerning or pertaining to
they
involve pending or potential litigation,
settlement, claims, administrative proceedings, or other judicial actions
brought or to be brought by or against the agency or any officer or
employee;
provided, however,
attorney-client.
Attorney-client
information,
however, may be obtained in a proceeding
under Code Section 50-18-73 to prove justification or lack thereof in refusing
disclosure of documents under this Code section provided the judge of the court
in which said proceeding is pending shall first determine by an in camera
examination that such disclosure would be relevant on that issue;
(2)(41)
The
confidentiality of
Confidential
attorney work product;
or
(3)(42)
State laws
making certain
Records
containing tax matters
or tax
information that is
confidential.
under state or
federal law;
(f)(1)
As used in this article, the term:
(A)
'Computer program' means a set of instructions, statements, or related data
that, in actual or modified form, is capable of causing a computer or computer
system to perform specified functions.
(B)
'Computer software' means one or more computer programs, existing in any form,
or any associated operational procedures, manuals, or other
documentation.
(2)(43)
This
article shall not be applicable to
Records
consisting of any computer program or
computer software used or maintained in the course of operation of a public
office or
agency.;
provided, however, that data generated, kept, or received by an agency shall be
subject to inspection and copying as provided in this article; or
(44)
Any record that would not be subject to discovery or be admissible in evidence
under 23 U.S.C. Section 409.
(g)(b)
This Code section shall be interpreted narrowly so as to exclude from disclosure
only that portion of a public record to which an exclusion is directly
applicable. It shall be the duty of the agency having custody of a record to
provide all other portions of a record for public inspection or
copying.
(h)
Within the three business days applicable to response 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 article, 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.
50-18-73.
(a)
The superior courts of this state shall have jurisdiction in law and in equity
to entertain actions against persons or agencies having custody of records open
to the public under this article to enforce compliance with the provisions of
this article. Such actions may be brought by any person, firm, corporation, or
other entity. In addition, the Attorney General shall have authority to bring
such
actions,
either civil or criminal, in his or her
discretion as may be appropriate to enforce compliance with this article
and to seek
either civil or criminal penalties or
both.
(b)
In any action brought to enforce the provisions of this chapter in which the
court determines that either party acted without substantial justification
either in not complying with this chapter or in instituting the litigation, the
court shall, unless it finds that special circumstances exist, assess in favor
of the complaining party reasonable attorney's fees and other litigation costs
reasonably incurred. Whether the position of the complaining party was
substantially justified shall be determined on the basis of the record as a
whole which is made in the proceeding for which fees and other expenses are
sought.
(c)
Any agency or person who provides access to information in good faith reliance
on the requirements of this chapter shall not be liable in any action on account
of having
provided access to such information
such
decision.
50-18-74.
(a)
Any person or
entity 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 knowingly
and willingly failing or refusing to
provide access to such records within the time limits set forth in this
article, or by
knowingly and willingly attempting to frustrate the access to records by
intentionally making records difficult to obtain or
review shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine
not to exceed
$1,000.00 of the first violation. Alternatively, a fine may be imposed by the
court in any civil or criminal action brought pursuant to this article against
any person who knowingly and willfully violates the terms of this article in an
amount not to exceed
$100.00
$1,000.00 for
the first violation. A fine not to exceed $2,500.00 per violation may be
imposed for each additional violation that the violator commits within a 12
month period from the date the first fine was imposed. In addition, persons or
entities who destroy records for the purpose of preventing their disclosure
under this article may be subject to prosecution under Code Section
45-11-1.
(b)
A
prosecution under this Code section may only be commenced by issuance of a
citation in the same manner as an arrest warrant for a 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
It shall be a
defense to any criminal action under this Code section that a person has acted
in good faith in his or her
actions.
50-18-75.
Communications
between the Office of Legislative Counsel and the following persons shall be
privileged and confidential: members of the General Assembly, the Lieutenant
Governor, and persons acting on behalf of such public officers; and such
communications, and records and work product relating to such communications,
shall not be subject to inspection or disclosure under this article or any other
law or under judicial process; provided, however, that this privilege shall not
apply where it is waived by the affected public officer or officers. The
privilege established under this Code section is in addition to any other
constitutional, statutory, or common law privilege.
50-18-76.
No
form, document, or other written matter which is required by law or rule or
regulation to be filed as a vital record under the provisions of Chapter 10 of
Title 31, which contains information which is exempt from disclosure under Code
Section 31-10-25, and which is temporarily kept or maintained in any file or
with any other documents in the office of the judge or clerk of any court prior
to filing with the Department of Community Health shall be open to inspection by
the general public, even though the other papers or documents in such file may
be open to inspection.
50-18-77.
The
procedures and fees provided for in this article shall not apply to public
records, including records that are exempt from disclosure pursuant to Code
Section 50-18-72, which are requested in writing by a state or federal grand
jury, taxing authority, law enforcement agency, or prosecuting attorney in
conjunction with an ongoing administrative, criminal, or tax investigation. The
lawful custodian shall provide copies of such records to the requesting agency
unless such records are privileged or disclosure to such agencies is
specifically restricted by law."
SECTION
3.
Code
Section 15-16-10 of the Official Code of Georgia Annotated, relating to duties
of sheriffs, is amended by revising paragraph (10) of subsection (a) as
follows:
"(10)
To develop and implement a comprehensive plan for the security of the county
courthouse and any courthouse annex. Prior to the implementation of any
security plan, the plan shall be submitted to the chief judge of the superior
court of the circuit wherein the courthouse or courthouse annex is located for
review. The chief judge shall have 30 days to review the original or any
subsequent security plan. The chief judge may make modifications to the
original or any subsequent security plan. The sheriff shall provide to the
county governing authority the estimated cost of any security plan and a
schedule for implementation 30 days prior to adoption of any security plan. A
comprehensive plan for courthouse security shall be considered a confidential
matter of public security. Review of a proposed security plan by the governing
authority shall be excluded from the requirements of Code Section 50-14-1 and
any such review shall take place as provided in Code Section 50-14-3. Such
security plan shall also be excluded from public disclosure pursuant to
paragraph
(15)
(23)
of subsection (a) of Code Section 50-18-72. The sheriff shall be the official
custodian of the comprehensive courthouse security plan and shall determine who
has access to such plan and any such access and review shall occur in the
sheriff's office or at a meeting of the county governing authority held as
provided in paragraph (9) of Code Section 50-14-3; provided, however, that the
sheriff shall make the original security plan available upon request for
temporary, exclusive review by any judge whose courtroom or chambers is located
within the courthouse or courthouse annex or by any commissioner of the county
in which the courthouse or courthouse annex is located. The sheriff shall be
responsible to conduct a formal review of the security plan not less than every
four years."
SECTION
4.
Code
Section 38-3-152 of the Official Code of Georgia Annotated, relating to creation
and operation of building mapping information system, availability to government
agencies, rules and regulations, federal funding sources, exemption of
information from public disclosure, recommendations for training guidelines, and
limitations, is amended by revising subsection (f) as follows:
"(f)
Information provided to the agency under this article shall be exempt from
public disclosure to the extent provided in paragraph
(21)
(29)
of subsection (a) of Code Section 50-18-72."
SECTION
5.
Code
Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of
records of applications for licenses and information on licensees and furnishing
of information, is amended by revising subsection (b) as follows:
"(b)
The records maintained by the department on individual drivers are exempt from
any law of this state requiring that such records be open for public inspection;
provided, however, that initial arrest reports, incident reports, and the
records pertaining to investigations or prosecutions of criminal or unlawful
activity shall be subject to disclosure pursuant to paragraph (4) of subsection
(a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor
Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph
(4.1)
(5)
of subsection (a) of Code Section 50-18-72. The department shall not make
records or personal information available on any driver except as otherwise
provided in this Code section or as otherwise specifically required by 18 U.S.C.
Section 2721."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.