05 LC
25 4028
House
Resolution 411
By:
Representatives Porter of the
143rd,
Hugley of the
133rd,
Smyre of the
132nd,
Marin of the
96th,
Orrock of the
58th,
and others
A
RESOLUTION
Proposing
an amendment to the Constitution so as to provide that state and local
government records shall be available to any person for inspection and copying
and that meetings of state and local government bodies shall be open to the
public, except as otherwise provided by law under certain conditions; to provide
for the submission of this amendment for ratification or rejection; and for
other purposes.
BE
IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
I, Section I of the Constitution is amended by redesignating Paragraph XXVIII as
Paragraph XXIX and inserting a new Paragraph XXVIII to read as
follows:
"Paragraph XXVIII. Official records maintained by or on behalf of state or local government available for public inspection and copying; state and local government meetings open to the public. (a) Except with respect to records or portions thereof exempted by general law pursuant to this Paragraph or otherwise specifically made confidential by this Constitution, every person shall have the right to inspect or copy any record made or received in connection with the official business of the legislative, executive, and judicial branches of state government; each constitutional officer; counties, municipalities, consolidated governments, and local school districts; each department, agency, board, bureau, commission, or authority of any of the foregoing; any public-private partnership; any other government entity created pursuant to law or this Constitution; organizations with membership or ownership composed primarily of public entities; and private persons, corporations, or other organizations receiving, maintaining, storing, or otherwise in possession of records on behalf of any state or local government office or agency specified in this subparagraph.
(b) Except with respect to meetings or portions thereof exempted by general law pursuant to this Paragraph or otherwise specifically made confidential by this Constitution, all meetings of any governing body or board of any department, agency, bureau, commission, or authority of the executive branch of state government or of any county, municipality, consolidated government, school district, special district, or public-private partnership at which official acts are to be taken or at which official business of such body is to be transacted or discussed shall be open and noticed to the public; and meetings of the General Assembly shall be open to the public as provided in Article III, Section IV, Paragraph XI.
(c) Any law in force and effect on December 31, 2004, exempting certain government records or portions thereof from public inspection or disclosure or exempting certain government meetings or portions thereof from being open to the public contrary to the requirements of subparagraph (a) or (b) of this Paragraph shall continue in force and effect until such time as such law is specifically repealed by Act of the General Assembly or July 1, 2008, whichever first occurs; except that any such general law in force and effect on December 31, 2004, may be specifically continued in force and effect on and after July 1, 2008, by specific reenactment prior to July 1, 2008.
"Paragraph XXVIII. Official records maintained by or on behalf of state or local government available for public inspection and copying; state and local government meetings open to the public. (a) Except with respect to records or portions thereof exempted by general law pursuant to this Paragraph or otherwise specifically made confidential by this Constitution, every person shall have the right to inspect or copy any record made or received in connection with the official business of the legislative, executive, and judicial branches of state government; each constitutional officer; counties, municipalities, consolidated governments, and local school districts; each department, agency, board, bureau, commission, or authority of any of the foregoing; any public-private partnership; any other government entity created pursuant to law or this Constitution; organizations with membership or ownership composed primarily of public entities; and private persons, corporations, or other organizations receiving, maintaining, storing, or otherwise in possession of records on behalf of any state or local government office or agency specified in this subparagraph.
(b) Except with respect to meetings or portions thereof exempted by general law pursuant to this Paragraph or otherwise specifically made confidential by this Constitution, all meetings of any governing body or board of any department, agency, bureau, commission, or authority of the executive branch of state government or of any county, municipality, consolidated government, school district, special district, or public-private partnership at which official acts are to be taken or at which official business of such body is to be transacted or discussed shall be open and noticed to the public; and meetings of the General Assembly shall be open to the public as provided in Article III, Section IV, Paragraph XI.
(c) Any law in force and effect on December 31, 2004, exempting certain government records or portions thereof from public inspection or disclosure or exempting certain government meetings or portions thereof from being open to the public contrary to the requirements of subparagraph (a) or (b) of this Paragraph shall continue in force and effect until such time as such law is specifically repealed by Act of the General Assembly or July 1, 2008, whichever first occurs; except that any such general law in force and effect on December 31, 2004, may be specifically continued in force and effect on and after July 1, 2008, by specific reenactment prior to July 1, 2008.
(d)(1)
Any law in force and effect on December 31, 2004, exempting certain government
records or portions thereof from public inspection or disclosure or exempting
certain government meetings or portions thereof from being open to the public
contrary to the requirements of subparagraph (a) or (b) of this Paragraph which
law is not continued in force and effect pursuant to subparagraph (c) of this
Paragraph shall stand repealed on July 1, 2008.
(2)
Any law enacted on or after January 1, 2005, and prior to January 1, 2007, newly
exempting certain government records or portions thereof from public inspection
or disclosure or exempting certain government meetings or portions thereof from
being open to the public contrary to the requirements of subparagraph (a) or (b)
of this Paragraph shall stand repealed on January 1, 2007.
(e)(1)
The General Assembly may by general law approved by two-thirds of the members
elected to each house thereof amend any exemption which was continued in force
and effect pursuant to subparagraph (c) of this Paragraph or provide for
additional or different exemptions.
(2)
The General Assembly may subsequently repeal any exemption which was continued
in force and effect pursuant to subparagraph (c) of this Paragraph or any
additional or different exemption enacted pursuant to this
subparagraph
(f)
Any general law continuing an exemption in force and effect pursuant to
subparagraph (c) of this Paragraph or amending such an exemption or providing
for any additional or different exemption pursuant to subparagraph (e) of this
Paragraph shall state with specificity the public necessity justifying the
exemption and shall be no broader than necessary to accomplish the stated
purpose of the law.
(g) The General Assembly shall by general law provide for the implementation and enforcement of this Paragraph and matters related thereto, including without limitation the maintenance, control, destruction, disposal, and disposition of records made public pursuant to this Paragraph.
(h) Laws enacted pursuant to this Paragraph shall contain only exemptions from the requirements of subparagraph (a) or (b) of this Paragraph, provisions governing the enforcement of this Paragraph, or both.
(i) Any general law authorizing an exemption from the requirements of subparagraph (a) or (b) of this Paragraph shall be strictly construed to ensure that any infringement on the right to review records or attend meetings shall be minimal. The right to access government records and government meetings shall be construed broadly in favor of the public."
(g) The General Assembly shall by general law provide for the implementation and enforcement of this Paragraph and matters related thereto, including without limitation the maintenance, control, destruction, disposal, and disposition of records made public pursuant to this Paragraph.
(h) Laws enacted pursuant to this Paragraph shall contain only exemptions from the requirements of subparagraph (a) or (b) of this Paragraph, provisions governing the enforcement of this Paragraph, or both.
(i) Any general law authorizing an exemption from the requirements of subparagraph (a) or (b) of this Paragraph shall be strictly construed to ensure that any infringement on the right to review records or attend meetings shall be minimal. The right to access government records and government meetings shall be construed broadly in favor of the public."
SECTION
2.
The
above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot
submitting the above proposed amendment shall have written or printed thereon
the following:
|
"( ) YES
( ) NO
|
Shall
the Constitution of Georgia be amended so as to provide that state and local
government records shall be available to any person for inspection and copying
and that meetings of state and local government bodies shall be open to the
public, except as otherwise provided by law under certain
conditions?"
|
All
persons desiring to vote in favor of ratifying the proposed amendment shall vote
"Yes." All persons desiring to vote against ratifying the proposed amendment
shall vote "No." If such amendment shall be ratified as provided in said
Paragraph of the Constitution, it shall become a part of the Constitution of the
state.