05 LC 28
2470S
The
House Committee on Judiciary offers the following substitute to SB
153:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating
to inspection of public records, so as to make the records of educational
facilities that employ campus policemen and that relate to such police duties,
activities, and functions open to inspection in the same manner as other records
of public agencies; 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.
Code
Section 50-18-70 of the Official Code of Georgia Annotated, relating to
inspection of public records, is amended by striking subsection (a) and
inserting in lieu thereof a new subsection (a) to read as follows:
"(a)
As used in this article, the term 'public record' shall mean all documents,
papers, letters, maps, books, tapes, photographs, computer based or generated
information, or similar material prepared and maintained or received in the
course of the operation of a public office or agency.
'Public
record' shall also mean all law enforcement records received or maintained by an
educational facility, as defined in Code Section 20-8-1, that, pursuant to
Chapter 8 of Title 20, employs campus policemen, that relate to the
investigation of criminal conduct and crimes as defined under Georgia law and
which are not otherwise subject to protection from disclosure under this
article. 'Public record' shall also mean
such items received or maintained by a private person or entity on behalf of a
public office or agency which are not otherwise subject to protection from
disclosure; provided, however, this Code section shall be construed to disallow
an
agencýs
placing or causing such items to be placed in the hands of a private person or
entity for the purpose of avoiding disclosure. Records received or maintained
by a private person, firm, corporation, or other private entity in the
performance of a service or function for or on behalf of an agency, a public
agency, or a public office shall be subject to disclosure to the same extent
that such records would be subject to disclosure if received or maintained by
such agency, public agency, or public office. As used in this article, the term
'agency' or 'public agency' or 'public office' shall have the same meaning and
application as provided for in the definition of the term 'agency' in paragraph
(1) of subsection (a) of Code Section 50-14-1 and shall additionally include any
association, corporation, or other similar organization which: (1) has a
membership or ownership body composed primarily of counties, municipal
corporations, or school districts of this state or their officers or any
combination thereof; and (2) derives a substantial portion of its general
operating budget from payments from such political
subdivisions."
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.