05 LC 29
1833S
The
House Committee on Judiciary offers the following substitute to HB
684:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia
Annotated, relating to inspection of public records, so as to provide that
certain requests may be required to be in writing; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating
to inspection of public records, is amended by striking subsection (f) of Code
Section 50-18-70, relating to inspection of public records, and inserting in its
place the following:
"(f)(1)
The individual in control of such public record or records shall have a
reasonable amount of time to determine whether or not the record or records
requested are subject to access under this article and to permit inspection and
copying. In no event shall this time exceed three business days. Where
responsive records exist but are not available within three business days of the
request, a written description of such records, together with a timetable for
their inspection and copying, shall be provided within that period; provided,
however, that records not subject to inspection under this article need not be
made available for inspection and copying or described other than as required by
subsection (h) of Code Section 50-18-72, and no records need be made available
for inspection or copying if the public officer or agency in control of such
records shall have obtained, within that period of three business days, an order
based on an exception in this article of a superior court of this state staying
or refusing the requested access to such records.
(2)
An agency or public officer may require that requests for records made pursuant
to this article be submitted in writing, except that written requests shall not
be required when a requesting party requests:
(A)
An agenda, summary of matters acted upon, or minutes of an
agencýs
or public
officeŕs
most recent meeting; or
(B)
Any other records an agency or public officer determines, by ordinance,
resolution, or other official act of the agency, to be available without a
written request.
Where
requests are required to be in writing, the party requesting the records shall
be informed that the request shall be made in writing. The written request may
be delivered to an agency by mail, facsimile, courier, e-mail, or other delivery
in person. The agency or public officer shall prepare, and make available to
persons requesting records, forms upon which a person may make his or her
written request, but the person shall not be required to use an
agencýs
or public
officeŕs
form. The agency or public officer shall make a reasonable effort to assist a
person making a request for records, as
needed."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.