Committee advances bill to clarify which public agency must respond to open-records requests

The House Governmental Affairs full committee advanced Senate Bill 12, a measure to clarify that open-records requests must be made to the government entity that created or expended public funds rather than to private contractors, committee members heard.

The bill (LC473644S) was presented to the committee as a clarification prompted by a recent state supreme court decision involving records connected to Georgia Tech. The sponsor said the intent is to protect businesses from burdensome requests sent to private contractors and to make clear that the public custodian is the government entity that holds records because it spent tax dollars.

The sponsor, identified in the transcript as Senator (sponsor), said the measure would not change what information is accessible to the press or public but would “clarify that an open records request is made to the government agency which has those records.” The sponsor told the committee that local government associations and many trade groups — including the Association County Commissioners of Georgia (ACCG), the Georgia Municipal Association (GMA), the Georgia Chamber and the Metro Atlanta Chamber — support the bill. The sponsor said the Georgia Press Association and the First Amendment Foundation were at least neutral on the proposal.

Committee members asked how a layperson would know which government entity to contact when several agencies or contractors are involved. Representative Roberts asked whether the bill could allow agencies to delay responses while pointing a requester to the correct custodian. The sponsor said a requester would typically contact the local government or call to determine which agency is responsible, and that the bill does not change those practical steps.

Representative Sanchez asked whether multiple agencies could be considered custodians when several entities hold the same records. Legislative Council staff confirmed that more than one government agency can be a custodian and that requesters may direct a request to any agency that holds responsive records.

The committee moved and seconded the bill and approved it by voice vote. Committee members said the bill will be carried to the House floor; the committee record reflects a voice vote with no numerical tally recorded.

The bill’s text and the LC number were cited during the presentation; committee members asked technical questions about custody and process but no amendments were offered during the committee meeting.

Votes at a glance: committee voice vote to advance SB 12; motion carried and the bill will be carried to the floor.