Bill Text: GA SB159 | 2011-2012 | Regular Session | Comm Sub

---

Bill Title: Trade Practices; clarify certain information; economic development project; conducted by private person shall not constitute public information

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-01-09 - Senate Recommitted [SB159 Detail]

Download: Georgia-2011-SB159-Comm_Sub.html

---

11 LC 21 1216S

The Senate Economic Development Committee offered the following substitute to SB 159:

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 10-1-767 of the Official Code of Georgia Annotated, relating to applicability of article relative to trade secrets, so as to clarify that certain information generated as a result of an economic development project conducted by a private person or entity shall not constitute public information; to provide for exceptions; 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.

Code Section 10-1-767 of the Official Code of Georgia Annotated, relating to applicability of article relative to trade secrets, is amended by adding a new subsection to read as follows:

"(c)(1) As used in this subsection, the term 'government agency' means:

(A) A state department, agency, board, bureau, commission, public corporation, or authority;

(B) Any state body corporate and politic established by the laws of this state; or

(C) A nonprofit organization that receives a direct allocation of tax funds when such funds constitute more than 33 1/3 percent of the funds received by such organization from all sources; provided, however, a nonprofit organization shall not be considered a government agency if such nonprofit organization is a dispenser of pharmaceutical products, hospital, nursing home, or other health care facility or any subagency or affiliate of such a nonprofit organization.

(2) Except as provided in this paragraph, information relating to a private person or entity's economic development project, as designated by a government agency, shall not be subject to any mandatory public disclosure requirement, and no document or record containing information about such private economic development project shall constitute a matter of public record. No meeting of a government agency discussing matters related to an economic development project of a private person or entity shall be a public meeting or be required to be opened to the public. At the time that a private person or entity responsible for an economic development project announces to the general public that the project or business related thereto, will be retained, expanded, or located in this state or that such proposed project has been terminated, then records containing the identity of the private person or entity and the terms and conditions of such project shall be a matter of public record. Nothing contained in this paragraph shall prohibit a government agency from entering into an agreement, consistent with the requirements of this paragraph, with a private person or entity prohibiting or authorizing public disclosure of information relating to an economic development project."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.