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2010 Legislative Watch
Special thanks to Tom Clyde, of Dow Lohnes PLLC, David Hudson, of Hull Barrett Attorneys, Robin Rohdes 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. 1304 |
Would re-define emergency public meeting requirements. |
O.C.G.A. 50-14-1 |
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| 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. |
| 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 |
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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 |
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| 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. |
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