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HB 278 - State agencies; certain meetings; agenda and affidavit

Smith, Jr., Charlie (175th)	Turnquest, Henrietta (73rd)	Dukes, Winfred (161st)

Status Summary	HC:	Judy	SC:	Judy	FR:	01/28/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the definition of the term "meeting"; to require that an agency holding a meeting shall make available an agenda of all matters expected to come before the agency at such meeting; and for other purposes.

Code Sections - 50-14-4

HB 278                                            HB 278/CSFA 
 
      H. B. No. 278 (COMMITTEE SUBSTITUTE)(AM) 
      By:  Representatives Smith of the 175th, Turnquest of the 
      73rd and Dukes of the 161st 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 14 of Title 50 of the Official Code of 
  1- 2  Georgia Annotated, relating to open and public meetings, so 
  1- 3  as to change the definitions of the terms "agency" and 
  1- 4  "meeting";  to require that an agency holding a meeting 
  1- 5  shall make available an agenda of all matters expected to 
  1- 6  come before the agency at such meeting; to provide for the 
  1- 7  posting of such agenda and the distribution thereof; to 
  1- 8  provide that failure to include on the agenda an item which 
  1- 9  becomes necessary to address during the course of a meeting 
  1-10  shall not preclude considering and acting upon such item; to 
  1-11  provide that when any meeting of an agency is closed to the 
  1-12  public, the chairperson or other person presiding over such 
  1-13  meeting shall execute and file with the official minutes of 
  1-14  the meeting a notarized affidavit stating under oath that 
  1-15  the subject matter of the meeting or the closed portion 
  1-16  thereof was devoted to matters within the exceptions 
  1-17  authorized for closed meetings and identifying the specific 
  1-18  relevant exception; to repeal conflicting laws; and for 
  1-19  other purposes. 
 
  1-20       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-21                           SECTION 1. 
 
  1-22  Chapter 14 of Title 50 of the Official Code of Georgia 
  1-23  Annotated, relating to open and public meetings, is amended 
  1-24  by striking in their entirety paragraphs (1) and (2) of 
  1-25  subsection (a) of Code Section 50-14-1, relating to the 
  1-26  requirement that certain government meetings be open to the 
  1-27  public, and inserting in lieu thereof new paragraphs (1) and 
  1-28  (2) to read as follows: 
 
  1-29      "(1) 'Agency' means: 
 
  1-30        (A) Every state department, agency, board, bureau, 
  1-31        commission, public corporation, and authority; 
 
  1-32        (B) Every county, municipal corporation, school 
  1-33        district, or other political subdivision of this 
  1-34        state; 
 
 
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  2- 1        (C) Every department, agency, board, bureau, 
  2- 2        commission, authority, or similar body of each such 
  2- 3        county, municipal corporation, or other political 
  2- 4        subdivision of the state; 
 
  2- 5        (D) Every city, county, regional, or other authority 
  2- 6        established pursuant to the laws of this state; and 
 
  2- 7        (E) Any nonprofit organization to which there is a 
  2- 8        direct allocation of tax funds made by the governing 
  2- 9        authority of any agency as defined in this paragraph 
  2-10        and which allocation constitutes more than 33 1/3 
  2-11        percent of the funds from all sources of such 
  2-12        organization; provided, however, this subparagraph 
  2-13        shall not include hospitals, nursing homes, dispensers 
  2-14        of pharmaceutical products, or any other type 
  2-15        organization, person, or firm furnishing medical or 
  2-16        health services to a citizen for which they receive 
  2-17        reimbursement from the state whether directly or 
  2-18        indirectly; nor shall this term include a subagency or 
  2-19        affiliate of such a nonprofit organization from or 
  2-20        through which the allocation of tax funds is made. 
 
  2-21      (2) 'Meeting' means the gathering of a quorum of the 
  2-22      members of the governing body of an agency or of any 
  2-23      committee of its members created by such governing body, 
  2-24      whether standing or special, pursuant to schedule, call, 
  2-25      or notice of or from such governing body or committee or 
  2-26      an authorized member, at a designated time and place at 
  2-27      which any public matter, official business, or policy of 
  2-28      the agency is to be discussed or presented or at which 
  2-29      official action is to be taken or, in the case of a 
  2-30      committee, recommendations on any public matter, 
  2-31      official business, or policy to the governing body are 
  2-32      to be formulated, presented, or discussed.  The 
  2-33      assembling together of a quorum of the members of a 
  2-34      governing body or committee for the purpose of making 
  2-35      inspections of physical facilities under the 
  2-36      jurisdiction of such agency or for the purposes of 
  2-37      meeting with the governing bodies, officers, agents, or 
  2-38      employees of other agencies at places outside the 
  2-39      geographical jurisdiction of an agency and at which no 
  2-40      final official action is to be taken shall not be deemed 
  2-41      a 'meeting.'" 
 
 
 
 
 
 
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  3- 1                           SECTION 2. 
 
  3- 2  Said chapter is further amended by striking in its entirety 
  3- 3  subsection (e) of Code Section 50-14-1, relating to the 
  3- 4  requirement that certain government meetings be open to the 
  3- 5  public, and inserting in lieu thereof a new subsection (e) 
  3- 6  to read as follow: 
 
  3- 7      "(e)(1) Prior to any meeting, the agency holding such 
  3- 8      meeting shall make available an agenda of all matters 
  3- 9      expected to come before the agency at such meeting. The 
  3-10      agenda shall be available upon request and shall be 
  3-11      posted at the meeting site, as far in advance of the 
  3-12      meeting as reasonably possible, but shall not be 
  3-13      required to be available more than two weeks prior to 
  3-14      the meeting and shall be posted, at a minimum, at some 
  3-15      time during the two week period immediately prior to the 
  3-16      meeting. Failure to include on the agenda an item which 
  3-17      becomes necessary to address during the course of a 
  3-18      meeting shall not preclude considering and acting upon 
  3-19      such item. 
 
  3-20      (2) A summary An agenda of the subjects acted on and 
  3-21      those members present at a meeting of any agency shall 
  3-22      be written and made available to the public for 
  3-23      inspection within two business days of the adjournment 
  3-24      of a meeting of any agency. The minutes of a meeting of 
  3-25      any agency shall be promptly recorded and such records 
  3-26      shall be open to public inspection once approved as 
  3-27      official by the agency, but in no case later than 
  3-28      immediately following the next regular meeting of the 
  3-29      agency; provided, however, nothing contained in this 
  3-30      chapter shall prohibit the earlier release of minutes, 
  3-31      whether approved by the agency or not.  Said minutes 
  3-32      shall, as a minimum, include the names of the members 
  3-33      present at the meeting, a description of each motion or 
  3-34      other proposal made, and a record of all votes.  In the 
  3-35      case of a roll-call vote the name of each person voting 
  3-36      for or against a proposal shall be recorded and in all 
  3-37      other cases it shall be presumed that the action taken 
  3-38      was approved by each person in attendance unless the 
  3-39      minutes reflect the name of the persons voting against 
  3-40      the proposal or abstaining." 
 
  3-41                           SECTION 3. 
 
  3-42  Said chapter is further amended by striking in its entirety 
  3-43  Code Section 50-14-4, relating to procedure when meetings of 
 
 
 
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  4- 1  agencies are closed, and inserting in lieu thereof a new 
  4- 2  Code Section 50-14-4 to read as follows: 
 
  4- 3    "50-14-4. 
 
  4- 4    (a) When any meeting of an agency is closed to the public 
  4- 5    pursuant to any provision of this chapter, the specific 
  4- 6    reasons for such closure shall be entered upon the 
  4- 7    official minutes, the meeting shall not be closed to the 
  4- 8    public except by a majority vote of a quorum present for 
  4- 9    the meeting, the minutes shall reflect the names of the 
  4-10    members present and the names of those voting for closure, 
  4-11    and that part of the minutes shall be made available to 
  4-12    the public as any other minutes.  Where a meeting of an 
  4-13    agency is devoted in part to matters within the exceptions 
  4-14    set forth in this chapter provided by law, any portion of 
  4-15    the meeting not subject to any such exception, privilege, 
  4-16    or confidentiality shall be open to the public, and the 
  4-17    minutes of such portions not subject to any such exception 
  4-18    shall be taken, recorded, and open to public inspection as 
  4-19    provided in subsection (e) of Code Section 50-14-1. 
 
  4-20    (b) When any meeting of an agency is closed to the public 
  4-21    pursuant to subsection (a) of this Code section, the 
  4-22    chairperson or other person presiding over such meeting 
  4-23    shall execute and file with the official minutes of the 
  4-24    meeting a notarized affidavit stating under oath that the 
  4-25    subject matter of the meeting or the closed portion 
  4-26    thereof was devoted to matters within the exceptions 
  4-27    provided by law and identifying the specific relevant 
  4-28    exception." 
 
  4-29                           SECTION 4. 
 
  4-30  All laws and parts of laws in conflict with this Act are 
  4-31  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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