25 LC 49 2218S
The Senate Committee on Judiciary offered the following
substitute to SB 12:
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated,1
relating to inspection of public records, so as to revise provisions related to public records2
in the possession of private persons or entities; to revise definitions; to provide for related3
matters; to provide an effective date; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to7
inspection of public records, is amended in subsection (b) of Code Section 50-18-70, relating8
to legislative intent and definitions, by adding a new paragraph to read as follows:9
"(1.1) 'Custodian' or 'lawful custodian' means the agency that has charge, custody, care,10
and control over a public record or an employee of such agency who is designated as the11
custodian of agency records."12
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SECTION 2.13
Said article is further amended in Code Section 50-18-71, relating to relating to right of14
access, timing, fees, denial of requests, and impact of electronic records, by revising15
subsection (a) as follows:16
"(a)(1) All public records shall be open for personal inspection and copying, except those17
which by order of a court of this state or by law are specifically exempted from18
disclosure. Records shall be maintained by agencies to the extent and in the manner19
required by Article 5 of this chapter.20
(2)(A) All requests to inspect or copy public records under this article shall be made21
upon a custodian.22
(B) Upon receiving a request to inspect or copy public records under this article, a23
custodian shall comply with the requirements of this Code section, including, but not24
limited to, the requirement to retrieve public records prepared and maintained or25
received by a private person or entity in the performance of a service or function or on26
behalf of an agency or transferred to a private person or entity by an agency for storage27
or future governmental use. Such private persons or entities shall be required to28
produce such public records to a custodian upon request from such custodian."29
SECTION 3.30
This Act shall become effective upon its approval by the Governor or upon its becoming law31
without such approval.32
SECTION 4.33
All laws and parts of laws in conflict with this Act are repealed.34
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