Georgia 2023-2024 Regular Session

Georgia House Bill HB165

Introduced
1/31/23  
Report Pass
2/16/23  
Introduced
1/31/23  
Engrossed
2/23/23  
Report Pass
2/16/23  
Refer
2/27/23  
Engrossed
2/23/23  
Report Pass
3/1/23  
Refer
2/27/23  
Enrolled
3/30/23  
Report Pass
3/1/23  
Chaptered
5/2/23  
Enrolled
3/30/23  
Chaptered
5/2/23  

Caption

State government; public disclosure not required relative to inspection of public records; include certain documents from Department of Natural Resources

Impact

The amendment to Code Section 50-18-72 reflects a significant shift in how public records, particularly those held by the DNR, are managed. By indicating that specific records may not be disclosed when they relate to historic resources, the legislation aims to safeguard these resources from potential dangers that could arise from public access. This could affect various stakeholders, including researchers, conservationists, and the general public, by limiting the availability of certain documents that were previously accessible.

Summary

House Bill 165 aims to amend existing legislation regarding the transparency of public records maintained by the Department of Natural Resources (DNR) in Georgia. Specifically, the bill seeks to exempt certain records related to historic resources from mandatory public disclosure if their release may pose a substantial risk of harm, theft, or destruction. This creates a balance between the public's right to access information and the need to protect sensitive resources from potential threats.

Sentiment

The sentiment around HB 165 appears to be largely supportive among those who understand the risks associated with disclosing information about historic resources. Proponents argue that protecting these resources from potential harm is a responsible decision, especially in light of rising concerns around preservation efforts. However, there may be concerns from transparency advocates who believe that limiting access to public records could undermine public accountability and the core democratic principle of openness in government.

Contention

Notable points of contention may arise concerning how broadly the DNR interprets what constitutes a 'substantial risk' to historic resources. Critics might argue that this provision could be misused to withhold information that is essential for public knowledge and oversight. There is also the apprehension that this could lead to potential abuses in transparency laws, where critical documentation about state resources could remain hidden from public scrutiny under the guise of protection.

Companion Bills

No companion bills found.

Previously Filed As

GA HB902

State government; fees that may be charged for the disclosure of certain public records; provide an exception

GA HB115

Natural Resources, Department of; certain notice upon registration of a vessel; provide

GA SB215

Public Records; personal information of public employees; protect from public disclosure

GA SB12

Inspection of Public Records; documents and records in the possession of private persons or entities; revise provisions

GA HB820

Board of Natural Resources; repeal a minimum and maximum allowable fee for motor vehicle emissions inspections

GA HB1146

Natural Resources, Department of; EPD to issue water permits to private companies in areas where no public service can be provided within a period of 12 months; require

GA HB244

Board of Natural Resources; effective date for certain rules and regulations; extend

GA SB185

Exempt certain public service worker documents from disclosure

GA SB176

Inspection of Public Records; the personal phone numbers, personal or governmental issued cell phone numbers, and home addresses; protect

GA SB505

Hospitals and Related Institutions; required publication by hospital of certain financial documents on its website; provisions; revise

Similar Bills

No similar bills found.