SB 12: 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) already makes most government records open to public inspection, but questions have arisen about who is responsible for retrieving records when a private company or contractor is holding them on behalf of a government agency, such as a vendor storing files or performing outsourced services. This bill addresses that gap. It adds a definition of 'custodian' or 'lawful custodian', meaning the agency (or a designated employee of that agency) that has charge, custody, care, and control of a public record. It then amends the right of access provisions (O.C.G.A. § 50-18-71) so that all record requests must go through a custodian, and requires that custodian to retrieve records that a private person or entity is holding on behalf of an agency, or that were transferred to a private party for storage or future government use. Private holders must produce those records when asked, as long as the request falls within the applicable document retention period or a retention agreement. A custodian is not required to retrieve records held by a different agency. The law would take effect as soon as the Governor signs it or it otherwise becomes law without his signature.

• Adds a legal definition of 'custodian' or 'lawful custodian' as the agency or designated employee with charge and control over a public record.
• Requires that all requests to inspect or copy public records be directed to a custodian rather than to whoever happens to hold the records.
• Requires a custodian to retrieve public records held by a private person or entity that is performing a service for, or storing records on behalf of, a government agency.
• Requires private persons or entities to hand over such records to the custodian upon request, within the applicable retention period or retention agreement.
• Clarifies that a custodian has no duty to retrieve records held by a different government agency or public entity.
• Sets the effective date as the date the Governor signs the bill, or the date it becomes law without his signature.

Government agencies and their designated records custodians, private companies and contractors that store or manage public records or perform outsourced government functions, and members of the public, journalists, and organizations that file open records requests with Georgia state or local agencies.

When agencies outsource work or storage to private vendors, it can be unclear who must produce those records under an open records request. This bill assigns that responsibility to a named custodian, which could make it harder for private contractors to withhold or delay records tied to public business.

• Section 1 adds a new definition to O.C.G.A. § 50-18-70 identifying the 'custodian' or 'lawful custodian' as the agency, or a designated employee, with charge, custody, care, and control of a public record.
• Section 2 revises O.C.G.A. § 50-18-71(a) so that all records requests must be directed to a custodian.
• Section 2 also requires the custodian to retrieve records prepared, maintained, received, or transferred to a private person or entity for a government service, function, or storage purpose, with private holders required to produce them upon request.
• Section 2 limits this duty by specifying a custodian need not retrieve records held by another agency or public entity, and requests must fall within the statutory retention period or a retention agreement.
• Section 3 sets the effective date as the date of gubernatorial approval or the date the bill becomes law without approval.
• Section 4 repeals conflicting laws.

1. 2025-05-14Effective Date
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-47)Primary sponsor
• Randy Robertson (R, SD-29)
• Carden Summers (R, SD-13)
• Clint Dixon (R, SD-45)
• Shawn Still (R, SD-48)
• Bill Cowsert (R, SD-46)
• Ben Watson (R, SD-1)
• Blake Tillery (R, SD-19)
• Bo Hatchett (R, SD-50)
• John Albers (R, SD-56)
• Matt Brass (R, SD-6)
• Kay Kirkpatrick (R, SD-32)
• Russ Goodman (R, SD-8)
• Steve Gooch (R, SD-51)
• Sam Watson (R, SD-11)
• Emanuel Jones (D, SD-10)
• Kenya Wicks (D, SD-34)
• Brandon Beach (R, SD-21)
• Chuck Payne (R, SD-54)
• Victor Anderson (R, HD-10)

1. PassedSenate voteFebruary 21, 2025

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

   PASSAGE BY SUBSTITUTE: Senate Vote #80

2. PassedHouse voteApril 4, 2025

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

   PASSAGE: House Vote #432

3. PassedSenate voteApril 4, 2025

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

   AGREE TO HOUSE SUBSTITUTE: Senate Vote #490

• open records
• public records law
• government transparency
• government contractors
• Georgia Open Records Act