hb218_LC_19_6453_a_2.html
05 LC 19 6453
House Bill 218
By: Representatives Stephens of the 164th, Horne of the 71st, and Cheokas of the 134th

A BILL TO BE ENTITLED
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; or
(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.
(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."

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.