GEORGIA PRESS ASSOCIATION LEGISLATIVE SUMMARY – 2009
March 19, 2009
1. NEW ITEMS OF ATTENTION / ACTION
1. NEW ITEMS OF ATTENTION / ACTION
2. ITEMS THIS SESSION THAT RESTRICT PUBLIC ACCESS OR ARE
HARMFUL TO THE PRESS
HARMFUL TO THE PRESS
HB 171 AN UNNECESSARILY BROAD EXPANSION OF AN EXEMPTION
TO THE OPEN RECORDS ACT FOR NAMES AND ADDRESSES
SUBMITTED TO A GOVERNMENT AGENCY.
See discussion that follows.
TO THE OPEN RECORDS ACT FOR NAMES AND ADDRESSES
SUBMITTED TO A GOVERNMENT AGENCY.
See discussion that follows.
HB 249 CLOSURE OF PUBLIC ACCESS TO “ALTERNATIVE
SB 129 INVESTMENTS” OF LARGE STATE RETIREMENT SYSTEMS
See discussion that follows.
SB 129 INVESTMENTS” OF LARGE STATE RETIREMENT SYSTEMS
See discussion that follows.
HB 293 ATTEMPT TO CLOSE PUBLIC ACCESS TO HOLDERS OF
PERMITS TO OPERATE GAMING MACHINES
See discussion that follows.
PERMITS TO OPERATE GAMING MACHINES
See discussion that follows.
SB 26 AMENDED
CLOSURE OF RECORDS WITH ACCOUNT INFORMATION AND
PERTAINING TO FIREFIGHTSERS
See discussion that follows.
CLOSURE OF RECORDS WITH ACCOUNT INFORMATION AND
PERTAINING TO FIREFIGHTSERS
See discussion that follows.
SB 79 AMENDED
ATTEMPT TO CLOSE PUBLIC ACCESS TO DFACS AND DHR
RECORDS ON CHILD FATALITIES AND NEAR FATALITIES
See discussion that follows.
ATTEMPT TO CLOSE PUBLIC ACCESS TO DFACS AND DHR
RECORDS ON CHILD FATALITIES AND NEAR FATALITIES
See discussion that follows.
SB 124: ATTEMPT TO COMPLETELY BAR ANY ACCESS TO SOCIAL
SECURITY NUMBERS
See discussion that follows:
SECURITY NUMBERS
See discussion that follows:
SB 143 ILL-CONCEIVED AND DAMAGING BILL THAT WOULD CLOSE
PUBLIC OVERSIGHT OF GOVERNMENT REAL ESTATE
ACQUISITIONS
See discussion that follows.
PUBLIC OVERSIGHT OF GOVERNMENT REAL ESTATE
ACQUISITIONS
See discussion that follows.
SB 207: CHANGES TO PUBLIC ACCESS TO JUVENILE HEARINGS AND
RECORDS.
See discussion that follows.
RECORDS.
See discussion that follows.
SR 520 CONSTITUTIONAL AMENDMENT PROTECTING OPEN
RECORDS AND MEETINGS
RECORDS AND MEETINGS
{File: 00156685.DOC}
II. HOUSE BILLS
HB 122: LOCAL GOVERNMENT DATABASE OF BUDGETS AND
EXPENDITURES
(By: Representatives Lindsey, Ramsey and Jacobs)
This bill would require every local government and school board with an
annual budget in excess of One Million ($1,000,000) Dollars to establish
by January 1, 2010 a website that discloses revenue, contracts and
expenditures in excess of One Thousand ($1,000) Dollars, and travel
expenses of government employees. The website would have to be
updated in a timely manner.
Analysis: This is similar to a current law that went into effect this year for
state government agencies and departments and requires disclosure of
similar contracts, expenditures, salaries and expenses.
This bill would create more transparency for local government and allow
easier public access to important information.
HB 127: ELECTRONIC RECORDING OF REAL ESTATE RECORDS
(By: Representatives Lindsey and Willard)
This bill would authorize the establishment of means and procedures for
recording real estate records electronically in the offices of the Superior
Court Clerks.
Analysis: Electronic recording of court documents creates considerable
efficiencies and maximizes public access when those records are
available via the Internet. This is positive legislation and has no adverse
impact on the ability of the public to inspect records that are filed and
maintained by the Clerk of Court.
HB 171 EXPANDED EXEMPTION IN THE OPEN RECORDS ACT
(By: Representative Manning)
This bill would require the redaction of every individual’s “name, home
address, home telephone number, personal email” on any documents
submitted to a local government.
Analysis: This would be an overly broad, cumbersome, and detrimental
amendment to the Open Records Act. Here are some of the reasons why:
{File: 00156685.DOC}
1. Without being able to know a person’s name, massive amounts
of government documents necessary for public oversight and review
would become meaningless. Even if names were allowed to remain on
the documents, without home addresses or other identifying information,
confusion between persons with similar names would be extensive.
Examples of records which would become meaningless without the
identities of persons who submitted them: Applications for public
employment or appointment, contract bids or proposals, and ad valorem
tax filings, to name a few.
2. The burden on local governments to redact documents before
they are made available for public inspection would be extensive, time
consuming, and expensive.
3. Personal privacy interests do not exist when one has routine
dealings with government agencies. This was established in the case of
Doe v. Sears, 245 Ga. 83 (1980) when the Georgia Supreme Court denied
that there is a privacy interest that would prevent the disclosure of the
names and addresses of persons who were delinquent on their rent to a
public housing authority.
4. If the concern is that information submitted to local governments
will be used for commercial solicitation, then access to the records should
be modeled after O.C.G.A. §50-18-72(4.1) which has a regimen limiting
access to motor vehicle accident reports, but which allows access for
news gathering and research.
HB 227: SECRECY FOR CERTAIN VOTERS IN DOMESTIC VIOLENCE
SITUATIONS
(By: Representatives Dempsey, Keen, Sims, Carter and Willard)
Under current law, the list of persons who vote in public elections are
available for public inspection under O.C.G.A. § 21-2-225.1. Date of birth,
social security number and driver’s license information, and the location
where the person “applied” to vote may be kept confidential. This bill
would allow persons who are protected by restraining orders or protective
orders against family violence, or who reside in a family violence shelter to
apply to have their addresses remain confidential.
Analysis: The State law prohibits the disclosure of the location of a family
violence shelter. This is an impediment to those persons registering to
vote and participating in elections who actually have a legal residence at a
shelter.
{File: 00156685.DOC}
However, this legislation is even broader and would allow secrecy for a
voter’s address simply because the voter is protected by a restraining
order or a protective order against family violence. Such orders are
issued routinely where the address of the protected person is not at all
confidential.
The identity and addresses of voters who participate in voting is an
important tool in safeguarding the integrity of the election process. Any
closure of those records should take place under the most narrow of
circumstances where there is an overriding public interest. Therefore, in
regard to restraining orders or protective orders, the legislation should be
changed to provide that persons protected by such orders will have this
voter information kept secret only where they can show that as a part of
the restraining or protective order the person’s address has been kept
confidential.
After discussing this bill in more detail with legal counsel for the Georgia
Secretary of State, it was learned that a voter who requests the protection
of this statute will still have to provide a mailing address as a part of the
voter registration records. That mailing address should be available
should anyone seek to contact the voter with a question about voting
irregularities. Furthermore, the number of persons who might avail
themselves of the address confidentiality of this statute will be quite
limited. In light of the public purpose of the legislation to protect women
who need to keep their physical addresses confidential, the bill seems to
be a reasonable measure and is not opposed by GPA.
HB 249: STATE RETIREMENT SYSTEM INVESTMENTS/RESTRICTION ON
ACCESS TO RECORDS
(Representatives Martin, Smith, Stephens, Loudermilk and Maxwell)
This legislation allows the Georgia Public Retirement Systems which are
of a certain large size to invest in alternative investments including
leveraged buy-out funds, workout funds, debt funds, venture capital funds,
warrants, options, recapitalizations and others.
Of particular interest to the press are provisions that allow the Retirement
Systems to keep confidential the following types of information:
information provided to the retirement fund by the issuer of the investment;
and allows the release of the following information only a year after the
records were created: the name of the alternative investment, the date of
the investment, the aggregate money invested, and returns on the
investments. The Retirement Systems are also allowed to keep
confidential pre-investment reviews and analyses provided by the
Retirement System or the alternative investment company.
{File: 00156685.DOC}
Analysis: In light of revelations in the last year of neglect, abuse and
criminality in various investments, it is hard to imagine a compelling case
to add the secrecy contemplated in this legislation. One wonders why the
Retirement Systems would consider investing in an entity that is not willing
to make public all the details of what it has to offer, or why the public
should not be able to know what the Retirement Systems have invested in
when the investments occur, the amounts invested, and the actual and
expected returns.
A different case can be made for the evaluation of investments generated
by the Retirement Systems themselves. This would be in the nature of
proprietary work product and should well be kept confidential for a period
of time during which this information could be used by competing
investors. However, these documents should be available for a “look
back” should the press or the public want to evaluate the performance and
judgment of the Retirement Systems.
HB 293: LICENSING STATUTES FOR AMUSEMENT/GAMING MACHINES -
SECRECY FOR LICENSE HOLDERS
(Representatives Lindsey, Lucas, Ehrhart, Barnard and Oliver)
This bill re-writes many of the provisions of current Georgia law defining
how amusement game machines can be permitted and not violate the law
concerning gambling devices. Of particular interest to the press is the last
page of this 25-page bill where it is proposed that “records that show the
names and addresses of persons and entities who hold a location permit
for one or more bona fide coin operated amusement machines” shall be
exempt from disclosure to the public under the Open Records Act.
Analysis: This is a horrible provision. The reason we have such extensive
legislation in Georgia concerning such machines is the potential for their
abuse and misuse as gambling devices. There is absolutely no public
interest in allowing the holders of such permits or licenses to be kept
secret from the public. If there is any activity of government that warrants
complete transparency and public oversight, this is it.
HB 340: MODIFICATIONS TO ADVERTISEMENTS FOR NON-JUDICIAL
FORECLOSURE ON REAL ESTATE
(Representatives Kaiser, Ashe, Hill, Sims and Dempsey)
This legislation would require foreclosure advertisements to identify not
only the owner of the property but also the occupant, and to contain in
bold type the address of the property to be foreclosed. The advertisement
{File: 00156685.DOC}
would also have to contain information to show any transfer of the
mortgage/security deed to any new owner other than the original lender.
Analysis: These seem to be worthwhile additions to the foreclosure notice
advertisements.
HB 460: PUBLIC NOTICE REQUIRED FOR SECTION 8 RENTAL PROPERTIES
(By: Representatives Glanton, May, Jerguson, Dawkins-Haigler and
Hugley)
Federal housing assistance to low income persons is primarily in two
forms: public housing projects and Section 8 housing vouchers. In the
latter, instead of providing an apartment for a qualified family, a rent
voucher is provided to the family and they rent a house, condominium or
apartment from private owners.
This bill will require the owners of property who seek to offer the property
for participation in the Section 8 housing program to run a notice for two
weeks in the legal organ newspaper specifying the housing units and
addresses of the properties for which Section 8 qualification is sought.
Analysis: Newspapers favor giving members of the public information
about all governmental programs, and this is no exception. The only
difficulty the bill may have is that the Section 8 program is heavily
regulated by the federal government. There may be a lurking federal
preemption challenge to this legislation.
HB 544: INTRA-GOVERNMENTAL SHARING OF JUVENILE IFORMATION
(By: Representatives Willard and Oliver)
This bill would allow governmental entities to exchange with each other all
information regarding the assessment, treatment, intervention or
rehabilitation of a child. The exchange of information is not to be used in a
Court proceeding involving the prosecution of such a child. The bill also
provides that it does not change the public or private nature of any
information exchange.
Analysis: Facilitating the exchange of information between governmental
entities is a positive legislative goal. This bill would not change the status
of public access to such information.
HB 616
(By: Representative Manning)
This is the House counterpart of SB 207. See SB 207 for summary and
analysis.
{File: 00156685.DOC}
HB 684 MAJOR REWRITE OF GEORGIA SUNSHINE LAWS
(By: Representatives Chambers, Scott and Oliver)
This bill is Chairman Jill Chambers’ major rewrite of the existing
Open Records and Open Meetings Acts. It was introduced too late in
the current session to be passed this year. It will require detailed
consideration before the next General Assembly session, and likely
will be subject to Committee hearings before the General Assembly
reconvenes in January 2010.
{File: 00156685.DOC}
III. SENATE BILLS
SB 26: OPEN RECORDS EXEMPTION FOR FIREFIGHTERS
(By: Senators Shafer, Mullis, Murphy, Douglas and Smith)
This bill would add firefighters to the list of public employees for whom
records must be redacted that would reveal a home address or telephone
number, social security number, or insurance or medical information.
Analysis: O.C.G.A. § 50-18-72(a)(13) already requires redaction of this
type of information for revenue officials, law enforcement officers, judges,
and crime lab employees. While the bill is too broad in excluding home
addresses and telephone numbers, since the law already gives these
exemptions to other public employees, it would not serve GPA to oppose
this new exemption.
SB 26 AMENDED:
The House Judiciary Committee has amended SB 26 to also exclude
from public disclosure in O.C.G.A. § 50-18-72(a)(11.3)(A) “utility or
other account numbers, information such as passwords used to
access information on persons or individual accounts, ….” The
House amendment will exclude access to home addresses,
telephone numbers and social security numbers for “firefighters”
and “emergency medical technicians and paramedics” as part of the
exemption in O.C.G.A. § 50-18-72(a)(13).
SB 79: MODIFICATIONS TO ACCESS TO CHILD ABUSE RECORDS
(Senators Harp, Unterman, Williams, Hamrick and Adelman)
Current law at O.C.G.A. § 49-5-40 restricts access to records concerning
child abuse and child fatalities and near fatalities. This legislation clarifies
the language concerning access to those records by government
agencies. It does allow any adult to obtain information that will confirm
whether or not child abuse was confirmed or unconfirmed in a case of
fatality or near fatality.
Analysis: This legislation does not change in any significant way public
access to child abuse investigation records. However, the public interest
would be served by a major overhaul of access to child abuse records
which would allow a court to order disclosure when the public interest in
{File: 00156685.DOC}
openness outweighs any public interest in keeping the records
confidential.
SB 79: AMENDED AND PASSED BY THE SENATE
(Senators Harp, Unterman, Williams, Hamrick and Adelman)
This legislation concerns access to records of child abuse, and the
particular records where there has been a child fatality or near fatality.
This legislation would allow access to the records by the appropriate
governmental agencies and courts pursuant to subpoena.
Of particular interest to the press and the public is a provision that would
restrict access to records showing the results of investigations of child
fatalities or near fatalities by a government agency charged with child
protection. As amended and passed by the Senate, the legislation would
not allow disclosure of the identities of the child or persons involved in the
care of the child.
Analysis: Closing access to identifying information where there has been
a child fatality or a near fatality places almost insurmountable hurdles to
any type of public oversight of the work of a child protective agency
(DFACS or DHR) in regard to a child that is killed or has been certified by
a physician to have suffered a “near fatality.” This is especially onerous
where there has been a fatality, and there is no ongoing need to protect
the identify of the deceased child. Moreover, this takes away access that
exists under current law.
As to situations where there has been a “near fatality,” it is submitted that
at the very least there should be a provision in the law to allow public
access upon a court determination that public interest in access to the
documents outweighs any interest that would be served by keeping the
documents secret.
SB 124: A BILLTO CLOSE OPEN RECORD ACCESS TO SOCIAL SECURITY
NUMBERS
(Senators Heath, Butterworth, Staten, Murphy and Jackson)
Currently the Open Records Act provides that social security information
“may” be redacted from records produced under the Act, and it also
provides access to social security numbers by the media when they sign a
statement under oath that they are gathering the information as a
representative of a news media organization in connection with news
gathering and reporting. This legislation will make redaction of social
security numbers mandatory, and will remove the news media exception.
{File: 00156685.DOC}
Analysis: This is “meat cleaver” legislation when a “scalpel” would do. No
one is in favor of making records available to the public that could lead to
identity theft. On the other hand, access to and coordination of social
security numbers is an important tool in public oversight and investigation
by the media. Some very important investigative reporting in the past has
been facilitated by the media’s ability to collate and corroborate with social
security numbers.
Furthermore, any legislation permitting redaction should make clear that
the cost of doing so must be borne by the agency that makes the
redactions.
Allowing news media access on the submission of an oath that the
information is being used only for news gathering and reporting purposes
should be preserved. If public policy arguments can be made that
additional restrictions need to be put on the access and use of that
information by the media, that should be considered and discussed with
an open mind.
SB 129: This is the Senate counterpart to HB 249. See HB 249 for summary and
analysis.
SB 143: A BILL TO RESTRICT PUBLIC ACCESS TO REAL ESTATE
ACQUISITION MEETINGS
(Senators Brown, Rogers, Staton, Seay and Golden)
The exemption in the current Open Meetings Act for discussions of the
acquisition of real estate was put in the law to allow government agencies
to discuss properties they might like to acquire without tipping off the
prospective seller in advance. It was feared that if the seller knew that the
interested buyer was a governmental entity, the seller might raise the
price. It was never the intent of this exemption to shield discussion of the
acquisition of real estate where the buyer and seller knew the identity of
each other and were dealing at arm’s length.
This bill, if enacted into law, will put a shroud of secrecy over real estate
negotiations precisely in those situations where the buyer and seller do
know of each other and there is no reason whatsoever to bar the citizens
from knowing what is taking place. This battle has been waged for several
years now on the side of openness by the Georgia Attorney General, and
those efforts have resulted in meetings being opened where the
governmental body decides to vote to sign a contract or to sign an option
{File: 00156685.DOC}
or to continue negotiations where the buyer and seller are both known to
each other.
Analysis: This is a terrible piece of legislation for those who believe that
the citizens of our state should be able to monitor the purchasing of real
estate by governmental entities. The potential for mischief or harm to the
public interest from real state acquisitions is far reaching. Consider for
example purchasing property to locate a waste dump or purchasing
property from persons who are closely aligned with persons on the
governmental body. Acquiring property can be one of the most important
and costly functions undertaken by government, and every effort should
be made to keep it open rather than closed.
SB 207: CHANGES TO PUBLIC ACCESS TO JUVENILE HEARINGS AND
RECORDS
(By: Senator Wiles)
• This bill changes the presumption from current law where juvenile
hearings are presumed to be closed, to a presumption that juvenile
hearings will be open to the public unless otherwise provided.
• The public is not allowed access to adoption proceedings
• The juvenile court may close a hearing if it makes a finding that all
or a part should be closed due to (i) the nature of a sexual offense
being considered; or (ii) upon consideration of the age of the child,
the nature of allegations, and the effect of publicity on family
reunification.
• Also a Court may refuse to admit a person if it finds that the
presence of that person would be against the interest of the child,
the fact finding process or the interest of justice.
• The bill further provides that the juvenile court “shall request” the
media not release identifying information on a child or family
members involved in an open hearing.
• The use of cameras and recording devices are still the subject of a
motion to the Court and prior approval.
• The files of a juvenile case are made closed to the public except
upon order of the Court.
• The bill further provides that the Court may seal records which
would identify the victim of a sexual offense.
{File: 00156685.DOC}
Analysis:
(1) Overall this is a very positive step for allowing public access to,
knowledge of, and oversight of the workings of the juvenile justice system.
It has long been a needed reform to have the presumption that juvenile
hearings should be open as with other proceedings involving violations of
the law. Juvenile crime, including gang violence, is of utmost concern to
the public, and the proceedings of juvenile Court should not be conducted
away from public scrutiny.
(2) The provision in the act that the juvenile Court shall request the media
not to release the identity of children or family members is of questionable
wisdom. First of all it would be a request only and not binding on the
media. Secondly, in some circumstances there would be no public
interest in keeping the juvenile’s identity secret, and thus it would not
serve any legitimate purpose to have the Court make a request in such a
case.
(3) It is unfortunate that the bill continues the approach of keeping all
juvenile Court records closed to the public. This is especially
questionable since the public will be allowed access to the hearings
themselves. Insofar as the records, a better approach would be to make
the records open to the public unless the Court makes a finding that the
public interest in keeping the records closed outweighs the public interest
in allowing access to the files.
SR 520 CONSTITUTIONAL AMENDMENT TO REQUIRE SUPER MAJORITY TO
CLOSE RECORDS AND MEETINGS
(By: Senator Adelman)
This bill proposes a constitutional amendment to be voted on by the
citizens of Georgia. It would amend the constitution to provide that
records and meetings of governmental bodies, political subdivisions
and agencies, and corporations performing a public purpose shall be
open to the public. Any legislative exceptions would have to be
passed by 2/3 vote of the House and the Senate.
Analysis: It would be a great benefit to the people of Georgia to have
open government enshrined as a principle in our State Constitution.
Also the 2/3 vote to create exceptions to open government would
mean that exceptions would be created only when there is a
compelling public interest sufficient to outweigh the core value of
open records and open meetings.
II. HOUSE BILLS
HB 122: LOCAL GOVERNMENT DATABASE OF BUDGETS AND
EXPENDITURES
(By: Representatives Lindsey, Ramsey and Jacobs)
This bill would require every local government and school board with an
annual budget in excess of One Million ($1,000,000) Dollars to establish
by January 1, 2010 a website that discloses revenue, contracts and
expenditures in excess of One Thousand ($1,000) Dollars, and travel
expenses of government employees. The website would have to be
updated in a timely manner.
Analysis: This is similar to a current law that went into effect this year for
state government agencies and departments and requires disclosure of
similar contracts, expenditures, salaries and expenses.
This bill would create more transparency for local government and allow
easier public access to important information.
HB 127: ELECTRONIC RECORDING OF REAL ESTATE RECORDS
(By: Representatives Lindsey and Willard)
This bill would authorize the establishment of means and procedures for
recording real estate records electronically in the offices of the Superior
Court Clerks.
Analysis: Electronic recording of court documents creates considerable
efficiencies and maximizes public access when those records are
available via the Internet. This is positive legislation and has no adverse
impact on the ability of the public to inspect records that are filed and
maintained by the Clerk of Court.
HB 171 EXPANDED EXEMPTION IN THE OPEN RECORDS ACT
(By: Representative Manning)
This bill would require the redaction of every individual’s “name, home
address, home telephone number, personal email” on any documents
submitted to a local government.
Analysis: This would be an overly broad, cumbersome, and detrimental
amendment to the Open Records Act. Here are some of the reasons why:
{File: 00156685.DOC}
1. Without being able to know a person’s name, massive amounts
of government documents necessary for public oversight and review
would become meaningless. Even if names were allowed to remain on
the documents, without home addresses or other identifying information,
confusion between persons with similar names would be extensive.
Examples of records which would become meaningless without the
identities of persons who submitted them: Applications for public
employment or appointment, contract bids or proposals, and ad valorem
tax filings, to name a few.
2. The burden on local governments to redact documents before
they are made available for public inspection would be extensive, time
consuming, and expensive.
3. Personal privacy interests do not exist when one has routine
dealings with government agencies. This was established in the case of
Doe v. Sears, 245 Ga. 83 (1980) when the Georgia Supreme Court denied
that there is a privacy interest that would prevent the disclosure of the
names and addresses of persons who were delinquent on their rent to a
public housing authority.
4. If the concern is that information submitted to local governments
will be used for commercial solicitation, then access to the records should
be modeled after O.C.G.A. §50-18-72(4.1) which has a regimen limiting
access to motor vehicle accident reports, but which allows access for
news gathering and research.
HB 227: SECRECY FOR CERTAIN VOTERS IN DOMESTIC VIOLENCE
SITUATIONS
(By: Representatives Dempsey, Keen, Sims, Carter and Willard)
Under current law, the list of persons who vote in public elections are
available for public inspection under O.C.G.A. § 21-2-225.1. Date of birth,
social security number and driver’s license information, and the location
where the person “applied” to vote may be kept confidential. This bill
would allow persons who are protected by restraining orders or protective
orders against family violence, or who reside in a family violence shelter to
apply to have their addresses remain confidential.
Analysis: The State law prohibits the disclosure of the location of a family
violence shelter. This is an impediment to those persons registering to
vote and participating in elections who actually have a legal residence at a
shelter.
{File: 00156685.DOC}
However, this legislation is even broader and would allow secrecy for a
voter’s address simply because the voter is protected by a restraining
order or a protective order against family violence. Such orders are
issued routinely where the address of the protected person is not at all
confidential.
The identity and addresses of voters who participate in voting is an
important tool in safeguarding the integrity of the election process. Any
closure of those records should take place under the most narrow of
circumstances where there is an overriding public interest. Therefore, in
regard to restraining orders or protective orders, the legislation should be
changed to provide that persons protected by such orders will have this
voter information kept secret only where they can show that as a part of
the restraining or protective order the person’s address has been kept
confidential.
After discussing this bill in more detail with legal counsel for the Georgia
Secretary of State, it was learned that a voter who requests the protection
of this statute will still have to provide a mailing address as a part of the
voter registration records. That mailing address should be available
should anyone seek to contact the voter with a question about voting
irregularities. Furthermore, the number of persons who might avail
themselves of the address confidentiality of this statute will be quite
limited. In light of the public purpose of the legislation to protect women
who need to keep their physical addresses confidential, the bill seems to
be a reasonable measure and is not opposed by GPA.
HB 249: STATE RETIREMENT SYSTEM INVESTMENTS/RESTRICTION ON
ACCESS TO RECORDS
(Representatives Martin, Smith, Stephens, Loudermilk and Maxwell)
This legislation allows the Georgia Public Retirement Systems which are
of a certain large size to invest in alternative investments including
leveraged buy-out funds, workout funds, debt funds, venture capital funds,
warrants, options, recapitalizations and others.
Of particular interest to the press are provisions that allow the Retirement
Systems to keep confidential the following types of information:
information provided to the retirement fund by the issuer of the investment;
and allows the release of the following information only a year after the
records were created: the name of the alternative investment, the date of
the investment, the aggregate money invested, and returns on the
investments. The Retirement Systems are also allowed to keep
confidential pre-investment reviews and analyses provided by the
Retirement System or the alternative investment company.
{File: 00156685.DOC}
Analysis: In light of revelations in the last year of neglect, abuse and
criminality in various investments, it is hard to imagine a compelling case
to add the secrecy contemplated in this legislation. One wonders why the
Retirement Systems would consider investing in an entity that is not willing
to make public all the details of what it has to offer, or why the public
should not be able to know what the Retirement Systems have invested in
when the investments occur, the amounts invested, and the actual and
expected returns.
A different case can be made for the evaluation of investments generated
by the Retirement Systems themselves. This would be in the nature of
proprietary work product and should well be kept confidential for a period
of time during which this information could be used by competing
investors. However, these documents should be available for a “look
back” should the press or the public want to evaluate the performance and
judgment of the Retirement Systems.
HB 293: LICENSING STATUTES FOR AMUSEMENT/GAMING MACHINES -
SECRECY FOR LICENSE HOLDERS
(Representatives Lindsey, Lucas, Ehrhart, Barnard and Oliver)
This bill re-writes many of the provisions of current Georgia law defining
how amusement game machines can be permitted and not violate the law
concerning gambling devices. Of particular interest to the press is the last
page of this 25-page bill where it is proposed that “records that show the
names and addresses of persons and entities who hold a location permit
for one or more bona fide coin operated amusement machines” shall be
exempt from disclosure to the public under the Open Records Act.
Analysis: This is a horrible provision. The reason we have such extensive
legislation in Georgia concerning such machines is the potential for their
abuse and misuse as gambling devices. There is absolutely no public
interest in allowing the holders of such permits or licenses to be kept
secret from the public. If there is any activity of government that warrants
complete transparency and public oversight, this is it.
HB 340: MODIFICATIONS TO ADVERTISEMENTS FOR NON-JUDICIAL
FORECLOSURE ON REAL ESTATE
(Representatives Kaiser, Ashe, Hill, Sims and Dempsey)
This legislation would require foreclosure advertisements to identify not
only the owner of the property but also the occupant, and to contain in
bold type the address of the property to be foreclosed. The advertisement
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would also have to contain information to show any transfer of the
mortgage/security deed to any new owner other than the original lender.
Analysis: These seem to be worthwhile additions to the foreclosure notice
advertisements.
HB 460: PUBLIC NOTICE REQUIRED FOR SECTION 8 RENTAL PROPERTIES
(By: Representatives Glanton, May, Jerguson, Dawkins-Haigler and
Hugley)
Federal housing assistance to low income persons is primarily in two
forms: public housing projects and Section 8 housing vouchers. In the
latter, instead of providing an apartment for a qualified family, a rent
voucher is provided to the family and they rent a house, condominium or
apartment from private owners.
This bill will require the owners of property who seek to offer the property
for participation in the Section 8 housing program to run a notice for two
weeks in the legal organ newspaper specifying the housing units and
addresses of the properties for which Section 8 qualification is sought.
Analysis: Newspapers favor giving members of the public information
about all governmental programs, and this is no exception. The only
difficulty the bill may have is that the Section 8 program is heavily
regulated by the federal government. There may be a lurking federal
preemption challenge to this legislation.
HB 544: INTRA-GOVERNMENTAL SHARING OF JUVENILE IFORMATION
(By: Representatives Willard and Oliver)
This bill would allow governmental entities to exchange with each other all
information regarding the assessment, treatment, intervention or
rehabilitation of a child. The exchange of information is not to be used in a
Court proceeding involving the prosecution of such a child. The bill also
provides that it does not change the public or private nature of any
information exchange.
Analysis: Facilitating the exchange of information between governmental
entities is a positive legislative goal. This bill would not change the status
of public access to such information.
HB 616
(By: Representative Manning)
This is the House counterpart of SB 207. See SB 207 for summary and
analysis.
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HB 684 MAJOR REWRITE OF GEORGIA SUNSHINE LAWS
(By: Representatives Chambers, Scott and Oliver)
This bill is Chairman Jill Chambers’ major rewrite of the existing
Open Records and Open Meetings Acts. It was introduced too late in
the current session to be passed this year. It will require detailed
consideration before the next General Assembly session, and likely
will be subject to Committee hearings before the General Assembly
reconvenes in January 2010.
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III. SENATE BILLS
SB 26: OPEN RECORDS EXEMPTION FOR FIREFIGHTERS
(By: Senators Shafer, Mullis, Murphy, Douglas and Smith)
This bill would add firefighters to the list of public employees for whom
records must be redacted that would reveal a home address or telephone
number, social security number, or insurance or medical information.
Analysis: O.C.G.A. § 50-18-72(a)(13) already requires redaction of this
type of information for revenue officials, law enforcement officers, judges,
and crime lab employees. While the bill is too broad in excluding home
addresses and telephone numbers, since the law already gives these
exemptions to other public employees, it would not serve GPA to oppose
this new exemption.
SB 26 AMENDED:
The House Judiciary Committee has amended SB 26 to also exclude
from public disclosure in O.C.G.A. § 50-18-72(a)(11.3)(A) “utility or
other account numbers, information such as passwords used to
access information on persons or individual accounts, ….” The
House amendment will exclude access to home addresses,
telephone numbers and social security numbers for “firefighters”
and “emergency medical technicians and paramedics” as part of the
exemption in O.C.G.A. § 50-18-72(a)(13).
SB 79: MODIFICATIONS TO ACCESS TO CHILD ABUSE RECORDS
(Senators Harp, Unterman, Williams, Hamrick and Adelman)
Current law at O.C.G.A. § 49-5-40 restricts access to records concerning
child abuse and child fatalities and near fatalities. This legislation clarifies
the language concerning access to those records by government
agencies. It does allow any adult to obtain information that will confirm
whether or not child abuse was confirmed or unconfirmed in a case of
fatality or near fatality.
Analysis: This legislation does not change in any significant way public
access to child abuse investigation records. However, the public interest
would be served by a major overhaul of access to child abuse records
which would allow a court to order disclosure when the public interest in
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openness outweighs any public interest in keeping the records
confidential.
SB 79: AMENDED AND PASSED BY THE SENATE
(Senators Harp, Unterman, Williams, Hamrick and Adelman)
This legislation concerns access to records of child abuse, and the
particular records where there has been a child fatality or near fatality.
This legislation would allow access to the records by the appropriate
governmental agencies and courts pursuant to subpoena.
Of particular interest to the press and the public is a provision that would
restrict access to records showing the results of investigations of child
fatalities or near fatalities by a government agency charged with child
protection. As amended and passed by the Senate, the legislation would
not allow disclosure of the identities of the child or persons involved in the
care of the child.
Analysis: Closing access to identifying information where there has been
a child fatality or a near fatality places almost insurmountable hurdles to
any type of public oversight of the work of a child protective agency
(DFACS or DHR) in regard to a child that is killed or has been certified by
a physician to have suffered a “near fatality.” This is especially onerous
where there has been a fatality, and there is no ongoing need to protect
the identify of the deceased child. Moreover, this takes away access that
exists under current law.
As to situations where there has been a “near fatality,” it is submitted that
at the very least there should be a provision in the law to allow public
access upon a court determination that public interest in access to the
documents outweighs any interest that would be served by keeping the
documents secret.
SB 124: A BILLTO CLOSE OPEN RECORD ACCESS TO SOCIAL SECURITY
NUMBERS
(Senators Heath, Butterworth, Staten, Murphy and Jackson)
Currently the Open Records Act provides that social security information
“may” be redacted from records produced under the Act, and it also
provides access to social security numbers by the media when they sign a
statement under oath that they are gathering the information as a
representative of a news media organization in connection with news
gathering and reporting. This legislation will make redaction of social
security numbers mandatory, and will remove the news media exception.
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Analysis: This is “meat cleaver” legislation when a “scalpel” would do. No
one is in favor of making records available to the public that could lead to
identity theft. On the other hand, access to and coordination of social
security numbers is an important tool in public oversight and investigation
by the media. Some very important investigative reporting in the past has
been facilitated by the media’s ability to collate and corroborate with social
security numbers.
Furthermore, any legislation permitting redaction should make clear that
the cost of doing so must be borne by the agency that makes the
redactions.
Allowing news media access on the submission of an oath that the
information is being used only for news gathering and reporting purposes
should be preserved. If public policy arguments can be made that
additional restrictions need to be put on the access and use of that
information by the media, that should be considered and discussed with
an open mind.
SB 129: This is the Senate counterpart to HB 249. See HB 249 for summary and
analysis.
SB 143: A BILL TO RESTRICT PUBLIC ACCESS TO REAL ESTATE
ACQUISITION MEETINGS
(Senators Brown, Rogers, Staton, Seay and Golden)
The exemption in the current Open Meetings Act for discussions of the
acquisition of real estate was put in the law to allow government agencies
to discuss properties they might like to acquire without tipping off the
prospective seller in advance. It was feared that if the seller knew that the
interested buyer was a governmental entity, the seller might raise the
price. It was never the intent of this exemption to shield discussion of the
acquisition of real estate where the buyer and seller knew the identity of
each other and were dealing at arm’s length.
This bill, if enacted into law, will put a shroud of secrecy over real estate
negotiations precisely in those situations where the buyer and seller do
know of each other and there is no reason whatsoever to bar the citizens
from knowing what is taking place. This battle has been waged for several
years now on the side of openness by the Georgia Attorney General, and
those efforts have resulted in meetings being opened where the
governmental body decides to vote to sign a contract or to sign an option
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or to continue negotiations where the buyer and seller are both known to
each other.
Analysis: This is a terrible piece of legislation for those who believe that
the citizens of our state should be able to monitor the purchasing of real
estate by governmental entities. The potential for mischief or harm to the
public interest from real state acquisitions is far reaching. Consider for
example purchasing property to locate a waste dump or purchasing
property from persons who are closely aligned with persons on the
governmental body. Acquiring property can be one of the most important
and costly functions undertaken by government, and every effort should
be made to keep it open rather than closed.
SB 207: CHANGES TO PUBLIC ACCESS TO JUVENILE HEARINGS AND
RECORDS
(By: Senator Wiles)
• This bill changes the presumption from current law where juvenile
hearings are presumed to be closed, to a presumption that juvenile
hearings will be open to the public unless otherwise provided.
• The public is not allowed access to adoption proceedings
• The juvenile court may close a hearing if it makes a finding that all
or a part should be closed due to (i) the nature of a sexual offense
being considered; or (ii) upon consideration of the age of the child,
the nature of allegations, and the effect of publicity on family
reunification.
• Also a Court may refuse to admit a person if it finds that the
presence of that person would be against the interest of the child,
the fact finding process or the interest of justice.
• The bill further provides that the juvenile court “shall request” the
media not release identifying information on a child or family
members involved in an open hearing.
• The use of cameras and recording devices are still the subject of a
motion to the Court and prior approval.
• The files of a juvenile case are made closed to the public except
upon order of the Court.
• The bill further provides that the Court may seal records which
would identify the victim of a sexual offense.
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Analysis:
(1) Overall this is a very positive step for allowing public access to,
knowledge of, and oversight of the workings of the juvenile justice system.
It has long been a needed reform to have the presumption that juvenile
hearings should be open as with other proceedings involving violations of
the law. Juvenile crime, including gang violence, is of utmost concern to
the public, and the proceedings of juvenile Court should not be conducted
away from public scrutiny.
(2) The provision in the act that the juvenile Court shall request the media
not to release the identity of children or family members is of questionable
wisdom. First of all it would be a request only and not binding on the
media. Secondly, in some circumstances there would be no public
interest in keeping the juvenile’s identity secret, and thus it would not
serve any legitimate purpose to have the Court make a request in such a
case.
(3) It is unfortunate that the bill continues the approach of keeping all
juvenile Court records closed to the public. This is especially
questionable since the public will be allowed access to the hearings
themselves. Insofar as the records, a better approach would be to make
the records open to the public unless the Court makes a finding that the
public interest in keeping the records closed outweighs the public interest
in allowing access to the files.
SR 520 CONSTITUTIONAL AMENDMENT TO REQUIRE SUPER MAJORITY TO
CLOSE RECORDS AND MEETINGS
(By: Senator Adelman)
This bill proposes a constitutional amendment to be voted on by the
citizens of Georgia. It would amend the constitution to provide that
records and meetings of governmental bodies, political subdivisions
and agencies, and corporations performing a public purpose shall be
open to the public. Any legislative exceptions would have to be
passed by 2/3 vote of the House and the Senate.
Analysis: It would be a great benefit to the people of Georgia to have
open government enshrined as a principle in our State Constitution.
Also the 2/3 vote to create exceptions to open government would
mean that exceptions would be created only when there is a
compelling public interest sufficient to outweigh the core value of
open records and open meetings.
