07 LC 29
2847S
The
House Committee on Judiciary offers the following substitute to HB
283:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 18 of Title 50 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 that certain requests may be
required to be in writing; to provide for the award of attorney´s fees to a
person or entity bringing a successful action to enforce compliance with the
requirements relating to the inspection of public records; to increase
punishment for violations of Article 4; 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.
Article
4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating
to inspection of public records, is amended by revising subsections (a) and (f)
of Code Section 50-18-70, relating to inspection of public records, 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 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."
"(f)(1)
The individual in control of such public record or records shall have a
reasonable amount of time to determine whether or not the record or records
requested are subject to access under this article and to permit inspection and
copying. In no event shall this time exceed three business days. Where
responsive records exist but are not available within three business days of the
request, a written description of such records, together with a timetable for
their inspection and copying, shall be provided within that period; provided,
however, that records not subject to inspection under this article need not be
made available for inspection and copying or described other than as required by
subsection (h) of Code Section 50-18-72, and no records need be made available
for inspection or copying if the public officer or agency in control of such
records shall have obtained, within that period of three business days, an order
based on an exception in this article of a superior court of this state staying
or refusing the requested access to such records.
(2)
An agency or public officer may adopt a uniform policy requiring that requests
for records made pursuant to this article be submitted in writing, except that
written requests shall not be required when a requesting party
requests:
(A)
An agenda, summary of matters acted upon, or minutes of an agency´s or
public officer´s most recent meeting; or
(B)
Any other records an agency or public officer determines, by ordinance,
resolution, or other official act of the agency, to be available without a
written request.
Where
requests are required to be in writing, the party requesting the records shall
be informed that the request shall be made in writing. The written request may
be delivered to an agency by mail, facsimile, courier, e-mail, or other delivery
in person. The agency or public officer shall prepare, and make available to
persons requesting records, forms upon which a person may make his or her
written request, but the person shall not be required to use an agency´s or
public officer´s form. The agency or public officer shall make a
reasonable effort to assist a person making a request for records, as needed,
including preparing the written request for the requesting party upon
request."
SECTION
2.
Said
article is further amended by revising subsection (b) of Code Section 50-18-73,
relating to jurisdiction to enforce the inspection of public records,
attorney´s fees and litigation expenses, and good faith reliance as defense
to action, as follows:
"(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 attorney´s 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 attorney´s 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
3.
Said
article is further amended by revising subsection (a) of Code Section 50-18-74,
relating to penalty for violations of Article 4, as follows:
"(a)
Any person knowingly and willfully violating the provisions of this article by
failing or refusing to provide access to records not subject to exemption from
this article or by failing or refusing to provide access to such records within
the time limits set forth in this article shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed
$100.00
$500.00."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.