Senate Bill 12
By: Senators Ginn of the 47th, Robertson of the 29th, Summers of the 13th, Dixon of the
45th, Still of the 48th and others
AS PASSED
A BILL TO BE ENTITLED
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 revise provisions related to public records
in the possession of private persons or entities; to revise definitions; 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 in subsection (b) of Code Section 50-18-70, relating
to legislative intent and definitions, by adding a new paragraph to read as follows:
<ins>"(1.1) 'Custodian' or 'lawful custodian' means the agency that has charge, custody, care,
and control over a public record or an employee of such agency who is designated as the
custodian of such agency's records."
</ins>
SECTION 2.
Said article is further amended in Code Section 50-18-71, relating to right of access, timing,
fees, denial of requests, and impact of electronic records, by revising subsection (a) as
follows:
"(a)(1) All public records shall be open for personal inspection and copying, except those
which by order of a court of this state or by law are specifically exempted from
disclosure. Records shall be maintained by agencies to the extent and in the manner
required by Article 5 of this chapter.
<ins>(2)(A) All requests to inspect or copy public records under this article shall be made
upon a custodian.
(B) Upon receiving a request to inspect or copy public records under this article, a
custodian shall comply with the requirements of this Code section, including, but not
limited to, the requirement to retrieve public records prepared and maintained or
received by a private person or private entity in the performance of a service or function
for or on behalf of an agency or transferred to a private person or private entity by an
agency for storage or future governmental use; provided, however, that a custodian
shall have no obligation to retrieve public records held by another agency or any other
public entity. Such private persons or private entities shall be required to produce such
public records to a custodian upon request from such custodian so long as such request
is made within the period of time as prescribed by the statutory document retention
guideline or a period of time as defined in an agreement between the private person or
private entity and the agency, whichever comes later."
</ins> 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.