25 LC 47 3168
Senate Bill 12
By: Senators Ginn of the 47th, Robertson of the 29th, Summers of the 13th, Dixon of the
45th, Still of the 48th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated,
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relating to inspection of public records, so as to revise provisions related to documents and2
records in the possession of private persons or entities; to revise definitions; to revise3
provisions related to judicial enforcement of inspection requests; to provide for related4
matters; to provide an effective date; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to8
inspection of public records, is amended by revising subsection (b) of Code9
Section 50-18-70, relating to legislative intent and definitions, as follows:10
"(b) As used in this article, the term:11
(1) 'Agency' shall have the same meaning as in Code Section 50-14-1 and shall12
additionally include any association, corporation, or other similar organization that has13
a membership or ownership body composed primarily of counties, municipal14
corporations, or school districts of this state, their officers, or any combination thereof15
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and derives more than 33 1/3 percent of its general operating budget from payments from
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such political subdivisions.17
(1.1) 'Custodian' means the agency that has charge, custody, care, and control over a
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public record or a designated employee of such agency.19
(2) 'Public record' means all documents, papers, letters, maps, books, tapes, photographs,20
computer based or generated information, data, data fields, or similar material prepared21
and maintained or received by an agency or by a private person or entity in the22
performance of a service or function for or on behalf of an agency or when such23
documents that have been transferred to a private person or entity by an agency for24
storage or future governmental use."25
SECTION 2.26
Said article is further amended in Code Section 50-18-73, relating to jurisdiction to enforce27
article, attorney's fees and litigation expenses, and good faith reliance as defense to action,28
by revising subsection (a) as follows:29
"(a) The superior courts of this state shall have jurisdiction in law and in equity to entertain30
actions against persons or agencies having custody custodians of records open to the public31
under this article or their agency to enforce compliance with the provisions of this article. 32
Such actions may be brought by any person, firm, corporation, or other entity. In addition,33
the Attorney General shall have authority to bring such actions in his or her discretion as34
may be appropriate to enforce compliance with this article and to seek either civil or35
criminal penalties or both."36
SECTION 3.37
This Act shall become effective upon its approval by the Governor or upon its becoming law38
without such approval.39
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SECTION 4.
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All laws and parts of laws in conflict with this Act are repealed.41
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