2010 Legislative Watch

Special thanks to Tom Clyde, of Dow Lohnes PLLC, David Hudson, of Hull Barrett Attorneys, Robin Rhodes of the Georgia Press Association, 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. 249 Would exempt information pertaining to Georgia Firefighters' Pension Fund O.C.G.A. 50-18-72 Would decrease access. Another narrow and unnecessary exemption to the open records act.
 H.B. 1303

Would require stronger notice procedures for emergency meetings

O.C.G.A. 50-14-1 (d)

 

Would increase access.

 A welcome effort to try to tighten the requirements for public agency's emergency meetings, which all too often deny meaningful public access.
H.B. 1322 Would expand existing open records exemptions O.C.G.A. 50-18-72 Would decrease access.

We do not need any more excemptions in the open records act.  The general rule clearly in our State is openness and each additional exemption moves us further away from this premise.  The existing privacy exception in the Open Records Act gives GBI sufficient legal authority if it needs to turn Hustler away.  There is no need for additional legislation and crime scene/autopsy photos are frequently critical to legitimate reporting.

 H.B. 1086 Would exempt the personal information of employees or teachers of a nonpublic school O.C.G.A. 50-18-72 Would decrease access.

The open records act does not apply to non public entities, so the proposed language seems incongruous.

H.B. 1374 Would allow unedited video of public meetings to take place of post meeting agenda and minutes O.C.G.A. 50-14-1(e) Would not necessarily increase access.

Agendas and minutes serve valuable roles to enable public access.  Available video, in addition to agendas and minutes, would enhance public access. 

 H.B. 1386 Would add new exemption to open meetings act to allow closure to discuss service delivery agreements between public agencies and private companies. O.C.G.A. 50-14-3 Would decrease access. Would be a major setback to the public's right to know.
S.B. 124 Would  make readaction of social security numbers mandatory, and remove the news media exception for access to social security numbers O.C.G.A. 50-18-72(a)(11.1)(11.3A) Would decrease access. Would eliminate ability to do investigative reporting such as analysis of school bus drivers with DUI histories

S.B. 314

Would cause unsolicited distribution to printed material to be a misdemeanor O.C.G.A. 16-7-43 Constitutionally restricts free speech, expression, and free press rights  
S.B. 475

Would close access to any law enforcement video or
recordings (including 911 recordings) where a person is shown in
"physical pain or distress" or if disclosure would cause "emotional
distress" to a victim or family member

O.C.G.A. 50-18-72(a)(4)(16) Would decrease access.

Decimates any chance to see these tapes or
recordings.  Overrides well established Georgia law for over a century that
public interest in a crime overrides any claim of personal privacy.

S.B. 506 Would allow no access to criminal investigation material if files are transferred to another agency. O.C.G.A. 50-18-72(a)(4) Would decrease access.

Criminal investigative material should be released once the agency completes its investigation.  This bill would allow a pending investigation to be eternally pending.

S.B. 530 Would allow public agencies to address individuals who file "too many" open records requests and who do not pay for estimated fees. O.C.G.A. 50-18-70 Would decrease access.

"Nuisance" related open government bills are contrary to the public interest.  Very few citizens abuse the process.  An open society has to tolerate the occasional misuse of the open records process.

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