05 LC 28
2193
Senate
Bill 153
By:
Senators Adelman of the 42nd, Harp of the 29th, Moody of the 56th, Powell of the
23rd, Hamrick of the 30th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-18-70 of the O.C.G.A., 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 O.C.G.A., 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 such items 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 duties, activities, and
functions of such campus policemen 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 agency´s 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.