05 HB
218/CSFA
House
Bill 218 (COMMITTEE SUBSTITUTE) (AM)
By:
Representatives Stephens of the
164th,
Horne of the
71st,
Cheokas of the
134th,
and Parrish of the
156th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-14-3 of the Official Code of Georgia Annotated, relating
to proceedings excluded from the provisions of Chapter 14 of Title 50, so as to
provide a new exclusion from such provisions; to amend Code Section 50-18-72 of
the Official Code of Georgia Annotated, relating to public records exempted from
inspection by members of the general public, so as to provide an exemption for
certain records of an agency engaged in a program of economic development; to
provide for disclosure of such records under certain conditions; 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 50-14-3 of the Official Code of Georgia Annotated, relating to
proceedings excluded from the provisions of Chapter 14 of Title 50, is amended
by striking paragraph (9) and inserting in lieu thereof a new paragraph (9) to
read as follows:
"(9)
Meetings when discussing any records that are exempt from public inspection or
disclosure pursuant to paragraph (15)
or paragraph
(18) of subsection (a) of Code Section
50-18-72 or when discussing any information a record of which would be exempt
from public inspection or disclosure under said
paragraph."
SECTION
2.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to public
records exempted from inspection by members of the general public, is amended in
subsection (a) by striking the word "or" at the end of paragraph (16), by
substituting "; or" for the period at the end of paragraph (17), and by
inserting at the end thereof a new paragraph (18) to read as
follows:
"(18)(A)
Records of an agency engaged in a program of economic development that
would:
(i)
Identify or reveal private persons, businesses, any other agency or entities
contacted or being solicited by the agency in carrying out the development
functions of the agency;
(ii)
Reveal the terms of any agreement or proposed agreement being negotiated by and
between an agency and any private persons, businesses, any other agency or
entities in carrying out such program; or
(iii)
Contain data, records, or information of a proprietary nature, produced or
collected by or for the agency or other governmental agencies, in the conduct of
or as a result of, study or research on commercial, economic, or marketing
aspects of the economic development program.
(B)
For the purposes of this paragraph, a program of economic development is one
established by an agency for the purpose of maintaining, supporting, or
expanding the economic or employment base of the jurisdiction that establishes
the program.
(C)
Records not subject to disclosure pursuant to subparagraph (A) of this paragraph
shall become subject to public disclosure once the agency, person, business, or
entity publicly announces that the entity or business that is the subject of
negotiations will be retained, expanded, or located in the jurisdiction or that
negotiations to do so have been terminated or abandoned.
(D) Nothing in this paragraph shall be construed to exempt any records
necessary for or related to:
(i)
The exercise of local government zoning powers pursuant to Chapter 66 of Title
36;
(ii)
An application for a permit required by the Environmental Protection Division of
the Department of Natural Resources pursuant to Title 12; or
(iii)
The development or implementation of any comprehensive plan required by Article
1 of Chapter 70 of Title 36.
Furthermore,
nothing in this paragraph shall be construed to exclude hearings or meetings to
discuss any such zoning decisions, permit applications, or comprehensive plans
from the requirements of Chapter 14 of Title
50."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.