Georgia 2025-2026 Regular Session

Georgia Senate Bill SB12 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 47 3644S
2		-	Senate Bill 12
3		-	By: Senators Ginn of the 47th, Robertson of the 29th, Summers of the 13th, Dixon of the
4		-	45th, Still of the 48th and others
5		-	AS PASSED
	2	+	The House Committee on Governmental Affairs offers the following substitute to SB 12:
6	3		A BILL TO BE ENTITLED
7	4		AN ACT
8		-	To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated,
9		-	1
	5	+	To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated,1
10	6		relating to inspection of public records, so as to revise provisions related to public records2
11	7		in the possession of private persons or entities; to revise definitions; to provide for related3
12	8		matters; to provide an effective date; to repeal conflicting laws; and for other purposes.4
13	9		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
14	10		SECTION 1.6
15	11		Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to7
16	12		inspection of public records, is amended in subsection (b) of Code Section 50-18-70, relating8
17	13		to legislative intent and definitions, by adding a new paragraph to read as follows:9
18		-	"(1.1) 'Custodian' or 'lawful custodian' means the agency that has charge, custody, care,
19		-	10
	14	+	"(1.1) 'Custodian' or 'lawful custodian' means the agency that has charge, custody, care,10
20	15		and control over a public record or an employee of such agency who is designated as the11
21	16		custodian of such agency's records."12
22		-	S. B. 12
	17	+	S. B. 12 (SUB)
23	18		- 1 - 25 LC 47 3644S
24		-	SECTION 2.
25		-	13
	19	+	SECTION 2.13
26	20		Said article is further amended in Code Section 50-18-71, relating to right of access, timing,14
27	21		fees, denial of requests, and impact of electronic records, by revising subsection (a) as15
28	22		follows:16
29		-	"(a)(1)
30		-	All public records shall be open for personal inspection and copying, except those17
	23	+	"(a)(1) All public records shall be open for personal inspection and copying, except those17
31	24		which by order of a court of this state or by law are specifically exempted from18
32	25		disclosure. Records shall be maintained by agencies to the extent and in the manner19
33	26		required by Article 5 of this chapter.20
34	27		(2)(A) All requests to inspect or copy public records under this article shall be made21
35	28		upon a custodian.22
36	29		(B) Upon receiving a request to inspect or copy public records under this article, a23
37	30		custodian shall comply with the requirements of this Code section, including, but not24
38	31		limited to, the requirement to retrieve public records prepared and maintained or25
39	32		received by a private person or private entity in the performance of a service or function26
40	33		for or on behalf of an agency or transferred to a private person or private entity by an27
41	34		agency for storage or future governmental use; provided, however, that a custodian28
42	35		shall have no obligation to retrieve public records held by another agency or any other29
43	36		public entity. Such private persons or private entities shall be required to produce such30
44	37		public records to a custodian upon request from such custodian so long as such request31
45	38		is made within the period of time as prescribed by the statutory document retention32
46	39		guideline or a period of time as defined in an agreement between the private person or33
47	40		private entity and the agency, whichever comes later."34
48	41		SECTION 3.35
49	42		This Act shall become effective upon its approval by the Governor or upon its becoming law36
50	43		without such approval.37
51		-	S. B. 12
	44	+	S. B. 12 (SUB)
52	45		- 2 - 25 LC 47 3644S
53		-	SECTION 4.
54		-	38
	46	+	SECTION 4.38
55	47		All laws and parts of laws in conflict with this Act are repealed.39
56		-	S. B. 12
	48	+	S. B. 12 (SUB)
57	49		- 3 -