SB12: SB12 Inspection of Public Records; documents and records in the possession of private persons or entities; revise provisions

Georgia's Open Records Act (O.C.G.A. § 50-18-70 et seq.) requires most government records to be open for public inspection. This bill adds a new definition of 'custodian' or 'lawful custodian' to mean the agency in charge of a record, or the employee designated to handle that agency's records, clarifying who is responsible for responding to records requests. The bill also rewrites part of the law on how records requests must be handled (O.C.G.A. § 50-18-71). It confirms that requests go to the custodian, and that the custodian must retrieve records that a private person or company prepared, maintained, received, or was given for storage while performing work for or on behalf of a government agency. The custodian does not have to retrieve records held by a different agency. Private parties must hand over such records within the time set by the state's record retention rules or any agreement with the agency, whichever is later. The law would take effect as soon as the Governor signs it or it otherwise becomes law.

• Adds a formal definition of 'custodian' or 'lawful custodian' as the agency, or its designated employee, that has charge and control of a public record.
• Confirms that open records requests must be directed to the custodian of the records being sought.
• Requires custodians to retrieve public records held by private persons or companies that performed a government service or received records for storage on an agency's behalf.
• Clarifies that a custodian does not have to retrieve records held by a different agency or public entity.
• Sets a deadline for private parties to turn over such records: whichever is later, the state's document retention schedule or a separate agreement with the agency.

State and local government agencies and their designated records custodians, private companies and individuals who perform services for government agencies or store government records, and members of the public or press who file open records requests.

People requesting public records would gain a clearer path to get records even when a private contractor, not the government agency itself, is physically holding them. Contractors would face a defined deadline for turning those records over, reducing ambiguity about who must respond to a records request.

• Section 1 adds paragraph (1.1) to O.C.G.A. § 50-18-70(b), defining 'custodian' or 'lawful custodian' as the agency or designated employee with charge and control of a record.
• Section 2 revises O.C.G.A. § 50-18-71(a) to require requests to be made upon a custodian and to require custodians to retrieve records held by private persons or entities performing agency work.
• Section 2 limits custodians' retrieval duty by exempting records held by other agencies or public entities.
• Section 2 sets the deadline for private parties to produce records as the later of the statutory retention period or any agreement with the agency.
• Section 3 makes the law effective upon the Governor's signature or upon becoming law without signature.
• Section 4 repeals conflicting laws.

1. 2025-05-14Effective Date 2025-05-14
2. 2025-05-14Act 276
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-10Senate Sent to Governor (Senate)
5. 2025-04-04Senate Agreed House Amend or Sub (Senate)
6. 2025-04-04House Passed/Adopted By Substitute (House)
7. 2025-04-04House Third Readers (House)
8. 2025-04-02House Withdrawn, Recommitted (House)

• Frank Ginn (R, SD-047)Primary sponsor
• Randy Robertson (R, SD-029)
• Carden Summers (R, SD-013)
• Clint Dixon (R, SD-045)
• Shawn Still (R, SD-048)
• Bill Cowsert (R, SD-046)
• Ben Watson (R, SD-001)
• Blake Tillery (R, SD-019)
• Bo Hatchett (R, SD-050)
• John Albers (R, SD-056)
• Matt Brass (R, SD-006)
• Kay Kirkpatrick (R, SD-032)
• Russ Goodman (R, SD-008)
• Steve Gooch (R, SD-051)
• Sam Watson (R, SD-011)
• Emanuel Jones (D, SD-010)
• Kenya Wicks (D, SD-034)
• Brandon Beach (R, SD-021)
• Chuck Payne (R, SD-054)
• Victor Anderson (R, HD-010)

1. PassedSenate voteFebruary 21, 2025

   49 yea, 0 nay (5 not voting, 2 absent)

   Passage By Substitute: Senate Vote #80

2. PassedHouse voteApril 4, 2025

   167 yea, 1 nay (1 not voting, 11 absent)

   Passage: House Vote #432

3. PassedSenate voteApril 4, 2025

   53 yea, 1 nay (1 not voting, 1 absent)

   Agree To House Substitute: Senate Vote #490

• open records
• public records law
• government transparency
• government contractors