11 LC
35 2097
Senate
Bill 159
By:
Senators Mullis of the 53rd, Chance of the 16th, Rogers of the 21st, Gooch of
the 51st, Miller of the 49th and others
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)
A local governing body, county, municipal corporation, consolidated government,
school district, or other political subdivision of this state;
(C)
A department, agency, board, bureau, commission, public corporation, authority,
or similar body of an entity listed in subparagraph (B) of this
paragraph;
(D)
A city, county, regional, or other authority established by the laws of this
state;
(E)
Any public body corporate and politic established by the laws of this state;
or
(F)
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
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.