06 LC 33
1068
House
Bill 1071
By:
Representative Scott of the
153rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-18-73 of the Official Code of Georgia Annotated, relating
to jurisdiction to enforce the inspection of public records,
attorneýs
fees and litigation expenses, and good faith reliance as defense to action, so
as to provide for the award of
attorneýs
fees to a person or entity bringing a successful action to enforce compliance
with the requirements relating to the inspection of public records; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-18-73 of the Official Code of Georgia Annotated, relating to
jurisdiction to enforce the inspection of public records,
attorneýs
fees and litigation expenses, and good faith reliance as defense to action, is
amended by striking subsection (b) and inserting in its place the
following:
∀(b)(1)
For purposes of this subsection, the term:
(A)
'Custodial party' means the person, agency, or other entity having custody of
records open to the public under this article.
(B)
'Requesting party' means the person, firm, corporation, or other entity bringing
an action against a custodial party to enforce compliance with the provisions of
this article.
(2)
In any action brought to enforce the provisions of this chapter in which the
court finds in favor of the requesting party, the court shall assess in favor of
the requesting party reasonable
attorneýs
fees and other litigation costs reasonably incurred.
(3)
In any action brought to enforce the provisions of this chapter in which the
court determines that
either
the
requesting party acted without substantial
justification
either in
not complying with this chapter or in
instituting the litigation, the court shall, unless it finds that special
circumstances exist, assess in favor of the
complaining
custodial
party reasonable
attorneýs
fees and other litigation costs reasonably incurred. Whether the position of
the
complaining
requesting
party was substantially justified shall be determined on the basis of the record
as a whole which is made in the proceeding for which fees and other expenses are
sought.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.