Staff Analysis of the Legislation
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SB 135 amends Article 2 of Chapter 6 of Title 15 of the O.C.G.A. to designate the clerk of superior court the sole custodian of the original records filed with the court, regardless of the method or system used to store or archive such records, and to authorize the clerk of superior court to contract with any entity for the maintenance and storage of such records. All requests for access to or copies of records shall go through the clerk.
The bill requires two back up methods for records and provides that public disclosure not be required for records that are held by the Georgia Superior Court Clerks Cooperative Authority or held by any other private or public entity for and on the behalf of a clerk of superior court; provided, however, that the records may be obtained from the clerk of superior court unless otherwise exempted from disclosure. SB 135 includes language repealing the sunset provision in subsection (k) of O.C.G.A. Code Section 9-11-4.1, relating to certified process servers. |
