HB 910 - Court records & county documents; storage within state; provisions

First Reader Summary

A BILL to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that certain court records shall be stored within the State of Georgia; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county documents shall be stored within the State of Georgia; and for other purposes.

Rogers, Carl (20th) Tolbert, Scott (25th) Shaw, Jay (176th)
Hecht, Greg K (97th) Lewis, Walter Jeffrey (14th) Whitaker, Ben N (7th)
Status Summary HC: Judy SC: LA: 03/28/97 H - Recommitted (Sub)
Page Numbers - 1/ 2/ 3
Code Sections - 15-1-10
House Action Senate
3/6/97 Read 1st Time
3/7/97 Read 2nd Time
3/13/97 Favorably Reported
Sub Committee Amend/Sub
3/28/97 Recommitted

HB 910                                            LC 22 2760S 
 
                _________________________ offers the following 
      substitute to HB 910: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 15 of the Official Code of Georgia Annotated, 
  1- 2  relating to courts, so as to provide that certain court 
  1- 3  records shall be stored within the State of Georgia; to 
  1- 4  provide for the cost of transporting such records to respond 
  1- 5  to a request for inspection in certain circumstances; to 
  1- 6  amend Chapter 9 of Title 36 of the Official Code of Georgia 
  1- 7  Annotated, relating to county property generally, so as to 
  1- 8  provide that certain county documents shall be stored within 
  1- 9  the State of Georgia; to provide for the costs of retrieval 
  1-10  and the time period for retrieving such records for 
  1-11  inspection in certain circumstances; to provide for an 
  1-12  effective date; to repeal conflicting laws; and for other 
  1-13  purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Title 15 of the Official Code of Georgia Annotated, relating 
  1-17  to courts, is amended by striking in its entirety Code 
  1-18  Section 15-1-10, relating to removal of court records, and 
  1-19  inserting in lieu thereof a new Code Section 15-1-10 to read 
  1-20  as follows: 
 
  1-21    "15-1-10. 
 
  1-22    (a) No records or papers of any court shall be removed out 
  1-23    of the county, except in cases of invasion whereby the 
  1-24    same may be endangered or by order of the court. 
 
  1-25    (b) Notwithstanding any other provision of this Code 
  1-26    section, records over ten years old may be stored in 
  1-27    accordance with the provisions of subsection (b) of Code 
  1-28    Section 15-6-86." 
 
  1-29                           SECTION 2. 
 
  1-30  Said title is further amended by striking in its entirety 
  1-31  subsection (b) of Code Section 15-6-86, relating to location 
  1-32  of clerk's office and storage of records, and inserting in 
  1-33  lieu thereof a new subsection (b) to read as follows: 
 
 
                                 -1- 
 
 
 
  2- 1    "(b) In the event that space at the courthouse or other 
  2- 2    place where the office of the clerk is located is 
  2- 3    inadequate to ensure the safe storage of records, the 
  2- 4    clerk, after obtaining written permission from the 
  2- 5    governing authority of the county and from the superior 
  2- 6    court judge of the circuit in which the county is located 
  2- 7    or the chief judge in those circuits having more than one 
  2- 8    judge, may cause the records to be stored at some other 
  2- 9    place at a data storage and retrieval facility within the 
  2-10    State of Georgia. The clerk shall give public notice of 
  2-11    the place of storage by posting notice at the courthouse. 
  2-12    If documents are stored outside the county where the 
  2-13    documents were created, the government entity shall bear 
  2-14    all costs of transporting such documents back to the 
  2-15    county of origin for purposes of responding to requests 
  2-16    under Article 4 of Chapter 18 of Title 50, relating to 
  2-17    inspections of public records." 
 
  2-18                           SECTION 3. 
 
  2-19  Chapter 9 of Title 36 of the Official Code of Georgia 
  2-20  Annotated, relating to county property generally, is amended 
  2-21  by striking in its entirety paragraph (2) of subsection (c) 
  2-22  of Code Section 36-9-5, and inserting in lieu thereof a new 
  2-23  paragraph (2) to read as follows: 
 
  2-24      "(2) A county officer, the county board of tax 
  2-25      assessors, or any other officer of the county having the 
  2-26      responsibility or custody of any county documents set 
  2-27      forth in paragraph (1) of this subsection shall, at 
  2-28      night or when the county office is closed, keep such 
  2-29      county documents: 
 
  2-30        (A) In a fireproof safe or vault; 
 
  2-31        (B) In fireproof cabinets; 
 
  2-32        (C) On microfilm, pursuant to the standards set forth 
  2-33        in Article 6 of Chapter 18 of Title 50, only if a 
  2-34        security copy has been sent to the Georgia State 
  2-35        Archives; or 
 
  2-36        (D) At a location not more than 25 miles from the 
  2-37        courthouse data storage and retrieval facility 
  2-38        approved by the county governing authority within the 
  2-39        State of Georgia and in a building or facility which 
  2-40        is in compliance with the fire safety standards 
  2-41        applicable to archives and record centers as 
  2-42        established by the National Fire Protection 
 
 
 
                                 -2- 
 
 
 
  3- 1        Association in Standard No. 232, as such standard was 
  3- 2        adopted on May 18, 1972.  If documents are stored 
  3- 3        outside the county where the documents were created, 
  3- 4        the government entity shall bear all costs of 
  3- 5        transporting such documents back to the county of 
  3- 6        origin for purposes of responding to requests under 
  3- 7        Article 4 of Chapter 18 of Title 50, relating to 
  3- 8        inspections of public records.  Such documents shall 
  3- 9        be made available to the requester within three 
  3-10        business days of the request at no cost for retrieval 
  3-11        to the requester." 
 
  3-12                           SECTION 4. 
 
  3-13  This Act shall become effective on July 1, 1997. 
 
  3-14                           SECTION 5. 
 
  3-15  All laws and parts of laws in conflict with this Act are 
  3-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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