Records Not Open to Inspection by the General Public; Limited Access

1. Law
2. Georgia Code
3. Handicapped Persons
4. Georgia Achieving a Better Life Experience (Able)
5. Records Not Open to Inspection by the General Public; Limited Access

1. The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
   1. Completed participation applications, executed participation agreements, and ABLE account numbers;
   2. All wiring or automated clearing-house transfer of funds instructions regarding participation agreements;
   3. ABLE account transactions, IP addresses used to initiate transactions, and analysis statements received or prepared by or for the corporation;
   4. All bank routing and account numbers in the possession of the corporation and any record or document containing such numbers;
   5. All proprietary computer software in the possession or under the control of the corporation; and
   6. All security codes and procedures related to physical, electronic, or other access to any ABLE account or the trust fund, its systems, and its software.
2. For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public:
   1. Investment trade tickets; and
   2. Bank statements.
3. The restrictions of subsections (a) and (b) of this Code section shall not apply to access:
   1. Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the corporation is a party;
   2. In prosecutions or other court actions to which the State of Georgia or the corporation is a party;
   3. Given to federal or state regulatory or law enforcement agencies;
   4. Given to any person or entity in connection with an ABLE account to which such person or entity is an account contributor or given to any person in connection with an ABLE account of which such person is a beneficiary; or
   5. Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this chapter.

(Code 1981, §30-9-16, enacted by Ga. L. 2016, p. 588, § 1/HB 768.)

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