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GA HB397

Bill

Status

Passed

4/17/2012

Primary Sponsor

Glenn Baker

Click for details

Origin

House of Representatives

2011-2012 Regular Session

AI Summary

  • Comprehensively revises Georgia's Open Meetings Act (Chapter 14, Title 50) by expanding the definition of "meeting," adding specific exclusions (e.g., facility inspections, training seminars, social gatherings, travel to meetings), defining "executive session," and requiring meeting notices be posted at least one week in advance and on agency websites

  • Strengthens open meeting requirements by mandating that all votes occur in public, requiring minutes to identify persons making and seconding motions with individual vote records, requiring minutes of executive sessions specifying each issue discussed, and allowing teleconference participation under limited circumstances including emergencies and health reasons

  • Overhauls the Open Records Act (Article 4, Chapter 18, Title 50) by adding a legislative intent clause favoring open government, consolidating and reorganizing 47 categories of records exempt from disclosure, reducing the per-page copying fee from 25¢ to 10¢, and establishing detailed procedures for electronic records requests and production

  • Increases penalties for violations of both open meetings and open records laws from fines of $100–$500 to up to $1,000 for a first offense and $2,500 for subsequent violations within 12 months, with both criminal fines and civil penalties available, while adding a good faith defense to criminal charges

  • Establishes new procedures for records requests, including allowing agencies to designate open records officers, requiring agencies to accept requests by e-mail or fax, permitting prepayment for requests exceeding $500, and extending the challenge period for improperly closed meetings to 90 days from discovery of the violation (capped at six months)

Legislative Description

State government; open meetings and records; revise provisions

Last Action

Effective Date

4/17/2012

Committee Referrals

Judiciary3/7/2012
Judiciary3/1/2011

Full Bill Text

No bill text available