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2008-09 Legislative Watch
Special thanks to Tom Clyde, of Dow Lohnes PLLC and David Hudson, of Hull, Towill, Norman, Barrett & Salley, P.C., and all the public interest organizations that have an interest in open government, for their help in compiling this legislative watch.
| Bill No. |
Intent |
O.C.G.A. Title and Article to be affected |
Comment |
Analysis |
| H.B. 1342 |
A wholesale rewrite of the Open Records Act that expands the exceptions to disclosure and reduces the responsibility of government to share information with the public. |
O.C.G.A. 50-14-1 et seq.; O.C.G.A. 50-18-70 et seq. |
Would decrease access. |
The proposed legislation would damage the Open Records Act and dramatically undermine the public’s right to monitor the operation of its government.
The legislation would, in effect, “gut” the Open Records Act in the following ways (among many others):
The legislation would eliminate the government’s obligation to provide public records on a timely basis.
The legislation would raise the threat of criminal penalties against whistleblowers and those who received information from whistleblowers.
The legislation would prevent public inspection of broad new categories of records that currently assist the public in monitoring their own safety and that of their children.
There are numerous provisions in the legislation that are incomprehensible, internally inconsistent, and with no apparent prior basis in Georgia law. |
| S.B. 300 |
Would require state Department of Administrative Services to create a searchable web site with public information. |
O.C.G.A.
50-6-32 |
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| S.B. 391 |
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| S.B. 481 |
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Would decrease access. |
This bill is an offshoot of federal legislation that has been enbroiled in litigation about its first amendment implications. The limitation on public records is something we cannot support. |
| S.R. 970 |
Annual effort to require a constitutional amendment to weaken open government laws |
Georgia Constitution |
Would increase access. |
Would be a move forward for Georgia. |
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