Bill Text: GA SB388 | 2009-2010 | Regular Session | Engrossed
Bill Title: State Printing; any state law authorizes a state officer/agency to publish any matter such publication made in printed and electronic format
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2010-06-03 - Effective Date [SB388 Detail]
Download: Georgia-2009-SB388-Engrossed.html
10 SB
388/FA/1
Senate
Bill 388
By:
Senators Butterworth of the 50th, Rogers of the 21st, Williams of the 19th,
Hawkins of the 49th, Moody of the 56th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 18 of Title 50 of the Official Code of Georgia
Annotated, relating to state printing and documents in general, so as to provide
that in general when any state law authorizes or directs a state officer or
agency to publish any matter, such publication may be made in printed or
electronic format; to provide a preference for electronic format; to provide for
definitions; to provide for exceptions; to provide for related matters; to
provide for conforming amendments to numerous specific provisions of the
Official Code of Georgia Annotated relating to publication of particular matters
so as to authorize print or electronic publication; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating
to state printing and documents in general, is amended by adding a new Code
section as follows:
"50-18-2.
(a)
As used in this Code section, the term:
(1)
'State agency' means any department, board, bureau, commission, authority,
council, or committee or any other state agency or instrumentality of the
executive or legislative branch of state government.
(2)
'State officer' means any officer of the executive or legislative branch of
state government.
(b)
When any other provision of state law authorizes or directs any state officer or
state agency to publish or provide for publication of any matter, such
publication shall be made in electronic format unless the state officer or
state agency determines that a printed format is necessary to achieve the
purpose of publication, except that:
(1)
When another provision of state law specifically provides for publication in
one or more newspapers, publication shall be in the newspaper or newspapers as
provided by such other provision of law; and
(2)
When any other provision of state law makes specific reference to this Code
section and requires publication in a specific manner notwithstanding the
provisions of this Code section, such other provision of law shall control over
this Code section.
(c)
Nothing in this Code section shall limit the applicability of Article 4 of this
chapter, relating to inspection of public records, when said article by its
terms is otherwise
applicable."
SECTION
2.
Each
of the following Code sections and parts of Code sections of the Official Code
of Georgia Annotated is amended by adding after the word "publish" the words "in
print or electronically":
(1)
Subsection (c) of Code Section 2-1-4, relating to anti-siphon devices for
irrigation systems;
(2)
Code Section 2-5-8, relating to issuance of registrations, licenses, or permits
by the Department of Agriculture;
(3)
Code Section 2-9-42.1, relating to publication of names and locations of
licensed grain dealers;
(4)
Paragraph (4) of Code Section 2-10-53, relating to powers and duties of the
Commissioner of Agriculture relative to farmers' markets;
(5)
Paragraph (5) of Code Section 2-11-25, relating to powers and duties of the
Commissioner of Agriculture relative to the 'Georgia Seed Law';
(6)
Subsection (a) of Code Section 2-15-12, relating to rules under the 'Georgia
Pacific White Shrimp Aquaculture Development Act of 2004';
(7)
Subsection (a) of Code Section 3-2-2, relating to promulgation of rules
regarding alcoholic beverages;
(8)
Code Section 4-4-60, relating to publication of an annual statement regarding
extermination of the cattle fever tick, screwworm, and other
parasites;
(9)
Code Section 7-1-74, relating to publication of the annual report of the
Department of Banking and Finance;
(10)
Paragraph (2) of Code Section 8-2-161, relating to rules governing the
installation of certain manufactured homes and mobile homes;
(11)
Paragraph (2) of subsection (d) of Code Section 8-3-206, relating to publication
of reports regarding the fair housing law;
(12)
Code Section 10-1-187, relating to rules regarding brake fluid;
(13)
Code Section 10-1-206, relating to publication of information regarding
antifreeze;
(14)
Code Section 10-4-31, relating to publication of information regarding
warehouses;
(15)
Subsection (b) of Code Section 10-5-25, relating to denial of registration of
securities offerings;
(16)
Paragraph (3) of subsection (a) of Code Section 10-5-71, relating to powers of
the Secretary of State as Commissioner of Securities;
(17)
Paragraph (3) of subsection (a) of Code Section 10-5A-20, relating to
investigations regarding commodity contracts and options;
(18)
Code Section 10-10-7, relating to publication of the annual report regarding the
state Seed-Capital Fund;
(19)
Subsection (a) of Code Section 11-9-526, relating to rules regarding secured
transactions filings;
(20)
Paragraph (3) of Code Section 12-3-93, relating to duties of the Department of
Natural Resources under the 'Georgia Natural Areas Act';
(21)
Paragraph (5) of subsection (a) of Code Section 12-4-1, relating to powers and
duties of the Environmental Protection Division as to mineral and geological
resources;
(22)
Paragraph (7) of subsection (a) of Code Section 12-4-73, relating to powers and
duties of the Environmental Protection Division as to surface
mining;
(23)
Code Section 12-5-1, relating to publication of findings of the Water Resources
Center of the Georgia Institute of Technology;
(24)
Paragraph (2) of Code Section 12-5-211, relating to powers and duties of the
Department of Natural Resources with respect to development and utilization of
coastal and offshore resources;
(25)
Subsection (d) of Code Section 12-5-582, relating to model ordinances for the
Metropolitan North Georgia Water Planning District;
(26)
Subsection (d) of Code Section 12-5-583, relating to plans for the Metropolitan
North Georgia Water Planning District;
(27)
Subsection (c) of Code Section 12-5-584, relating to additional plans for the
Metropolitan North Georgia Water Planning District;
(28)
Paragraph (6) of subsection (a) of Code Section 12-6-5, relating to powers and
duties of the State Forestry Commission;
(29)
Paragraph (10) of subsection (a) of Code Section 12-8-97, relating to the
hazardous site inventory under the 'Georgia Hazardous Site Response
Act';
(30)
Paragraph (9) of Code Section 15-5-24, relating to powers and duties of the
Administrative Office of the Courts;
(31)
Subsection (a) of Code Section 15-11-19, relating to the Council of Juvenile
Court Judges;
(32)
Paragraph (2) of subsection (b) of Code Section 17-12-6, relating to assistance
by the Georgia Public Defender Standards Council to public
defenders;
(33)
Paragraph (6) of subsection (a) of Code Section 19-6-53, relating to powers and
duties of the Georgia Child Support Commission;
(34)
Subsection (d) of Code Section 20-1A-10, relating to regulation and functioning
of early care and education programs;
(35)
Paragraph (1) of subsection (e) of Code Section 20-2-161, relating to the
Quality Basic Education Formula for funding of public schools;
(36)
Subsections (d) and (e) of Code Section 20-2-881, relating to the health
insurance plan for public school teachers;
(37)
Subsections (d) and (e) of Code Section 20-2-911, relating to the health
insurance plan for public school employees;
(38)
Code Section 20-3-241, relating to operations reports by the Georgia Student
Finance Commission;
(39)
Code Section 20-3-294, relating to operations reports by the Georgia Higher
Education Assistance Corporation;
(40)
Code Section 20-3-328, relating to operations reports by the Georgia Student
Finance Authority;
(41)
Paragraph (1) of subsection (c) of Code Section 20-3-423, relating to the
selection committee for North Georgia College scholarships;
(42)
Paragraphs (3) and (4) of Code Section 21-2-31, relating to duties of the State
Election Board;
(43)
Paragraphs (2), (6), (13), (19), and (20) of subsection (b) of Code Section
21-5-6, relating to powers and duties of the State Ethics
Commission;
(44)
Subsection (h) of Code Section 21-5-71, relating to registration and regulation
of lobbyists;
(45)
Paragraph (7) of subsection (b) of Code Section 26-2-232, relating to powers and
duties of the Commissioner of Agriculture under the 'Georgia Dairy Act of
1980';
(46)
Paragraph (1) of subsection (e) of Code Section 26-4-29, relating to powers and
duties of the State Board of Pharmacy;
(47)
Paragraph (6) of Code Section 27-1-6, relating to powers and duties of the
Department of Natural Resources relative to game and fish;
(48)
Code Section 27-2-41, relating to regulations regarding game and fish licenses,
permits, and stamps;
(49)
Code Section 27-4-262, relating to rules and regulations regarding
aquaculture;
(50)
Code Section 28-5-122, relating to publication of state grant
programs;
(51)
Paragraph (6) of subsection (a) of Code Section 31-10-5, relating to powers and
duties of the state registrar regarding vital records;
(52)
Subsection (h) of Code Section 31-22-2, relating to licensure of clinical
laboratories;
(53)
Subsection (a) of Code Section 32-2-41.2, relating to benchmarks and value
engineering studies of road construction projects;
(54)
Code Section 32-2-66, relating to qualification of transportation
contractors;
(55)
Subsection (b) of Code Section 33-21A-4, relating to reimbursement for emergency
health care services by medicaid care management organizations;
(56)
Paragraph (5) of subsection (a) of Code Section 34-2-6, relating to powers and
duties of the Commissioner of Labor;
(57)
Code Section 34-8-76, relating to powers and duties of the Commissioner of Labor
with respect to prevention and reduction of unemployment;
(58)
Subsection (b) of Code Section 34-9-61, relating to publication of certain
materials by the State Board of Workers' Compensation;
(59)
Subsection (b) of Code Section 34-9-205, relating to medical fees under the
workers' compensation law;
(60)
Paragraph (3) of subsection (b) of Code Section 34-11-8, relating to the chief
inspector of boilers and pressure vessels;
(61)
Paragraph (9) of subsection (a) of Code Section 35-3-33, relating to powers and
duties of the Georgia Crime Information Center;
(62)
Paragraphs (2) and (4) of Code Section 35-6A-7, relating to functions and
authority of the Criminal Justice Coordinating Council;
(63)
Subsection (a) of Code Section 37-2-7, relating to formulation and publication
of the state plan for disability services;
(64)
Subsection (d) of Code Section 37-5-6, relating to plans for providing
comprehensive community services to developmentally disabled
individuals;
(65)
Subsection (d) of Code Section 40-6-315, relating to standards for motorcycle
headgear;
(66)
Subsection (b) of Code Section 40-6-352, relating to standards for moped
headgear;
(67)
Subsection (d) of Code Section 40-8-78, relating to standards for automotive
glazing materials;
(68)
Subsection (a) of Code Section 40-16-5, relating to authority of the
commissioner of driver services;
(69)
Subsection (a) of Code Section 42-2-8, relating to authority of the commissioner
of corrections;
(70)
Paragraph (9) of Code Section 43-11A-7, relating to powers of the Georgia Board
of Examiners of Licensed Dietitians;
(71)
Paragraph (3) of subsection (a) and subsection (e) of Code Section 43-17-11,
relating to enforcement of the law relating to charitable
solicitations;
(72)
Paragraph (9) of Code Section 43-33-10, relating to authority of the State Board
of Physical Therapy;
(73)
Subsection (e) of Code Section 43-41-10, relating to disciplinary actions under
the State Licensing Board for Residential and General Contractors;
(74)
Paragraph (4) of Code Section 43-47-6, relating to powers and duties of the
State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle
Parts Dealers;
(75)
Code Section 45-6-3, relating to annual reports of public officers of the
state;
(76)
Paragraph (5) of subsection (b) of Code Section 45-10-93, relating to powers and
duties of the Joint Legislative Ethics Committee;
(77)
Code Section 45-13-27, relating to the Secretary of State's official directory
of state and county officials and officers;
(78)
Paragraph (6) of Code Section 45-13-41, relating to objects and purposes of the
Georgia Archives;
(79)
Subsections (d) and (e) of Code Section 45-18-15, relating to administration of
the state employees' health benefit plan;
(80)
Code Section 45-22-9, relating to publication of lists of hazardous substances
under the 'Public Employee Hazardous Chemical Protection and Right to Know Act
of 1988';
(81)
Subsections (a) and (b) of Code Section 48-2-7, relating to powers and duties of
the state revenue commissioner;
(82)
Subsection (a) of Code Section 48-2-12, relating to rules and regulations of the
state revenue commissioner;
(83)
Subsection (c) of Code Section 48-5-346, relating to disapproval of county tax
digests;
(84)
Paragraph (2) of subsection (b) of Code Section 48-7-112, relating to income tax
refunds, credits, and setoffs;
(85)
Paragraph (4) of Code Section 49-4-33, relating to duties of the Department of
Human Services with respect to the Old-Age Assistance Act;
(86)
Paragraph (5) of Code Section 49-4-53, relating to duties of the Department of
Human Services with respect to the 'Aid to the Blind Act';
(87)
Paragraph (4) of Code Section 49-4-82, relating to duties of the Department of
Human Services with respect to aid to disabled persons;
(88)
Paragraph (3) of subsection (c) of Code Section 49-4-183, relating to
administration of the 'Temporary Assistance for Needy Families
Act';
(89)
Subsection (n) of Code Section 49-4A-8, relating to commitment of children to
the custody of the Department of Juvenile Justice;
(90)
Subsection (b) of Code Section 49-5-12, relating to licensing and regulation of
child welfare agencies;
(91)
Code Section 49-5-19, relating to the annual report on the operations of county
departments of family and children services;
(92)
Paragraph (4) of subsection (d) of Code Section 49-5-132, relating to the
Governor's Office for Children and Families;
(93)
Subsection (j) of Code Section 49-5-273, relating to creation and operation of
the PeachCare program;
(94)
Paragraph (6) of Code Section 49-6-21, relating to powers and duties of the
Council on Aging;
(95)
Subsection (b) of Code Section 50-5-60.4, relating to use of mulch on public
lands;
(96)
Paragraph (1) of subsection (d) of Code Section 50-5-67, relating to procedures
for bidding of state contracts;
(97)
Paragraphs (4) and (5) of Code Section 50-7-8, relating to certain powers of the
Board of Economic Development;
(98)
Paragraph (4) of subsection (b) of Code Section 50-8-7, relating to planning,
technical assistance, and information activities of the Department of Community
Affairs;
(99)
Paragraph (2) of Code Section 50-8-141, relating to functions of the Office of
Rural Development;
(100)
Code Section 50-12-84, relating to the annual report of the Commission on Women;
and
(101)
Subsection (a) of Code Section 50-25-7.10, relating to publication of the annual
state information technology report.
SECTION
3.
Each
of the following Code sections and parts of Code sections of the Official Code
of Georgia Annotated is amended by inserting immediately before the
word"publication" the words "print or electronic":
(1)
Paragraph (2) of Code Section 12-2-3, relating to objectives of the Department
of Natural Resources;
(2)
Subsection (i) of Code Section 12-2-4, relating to powers and duties of the
Department of Natural Resources;
(3)
Paragraph (7) of Code Section 12-3-53, relating to the state
archeologist;
(4)
Paragraph (19) of Code Section 31-10-1, relating to definitions applicable to
vital statistics;
(5)
Code Section 31-12A-9, relating to educational programs under the 'Georgia
Smokefree Air Act of 2005';
(6)
Paragraph (7) of subsection (a) of Code Section 43-50-21, relating to powers and
duties of the State Board of Veterinary Medicine;
(7)
Subsection (a) of Code Section 45-13-45, relating to powers of the Secretary of
State with respect to management of the Division of Archives and
History;
(8)
Paragraph (2) of subsection (b) of Code Section 48-2-15, relating to
confidentiality of state tax information;
(9)
Subsection (a) of Code Section 48-7-60, relating to confidentiality of income
tax information;
(10)
Subsection (e) of Code Section 49-5-220, relating to the State Plan for the
Coordinated System of Care for severely emotionally disturbed children or
adolescents; and
(11)
Paragraph (1) of Code Section 49-5-221, relating to definitions applicable to
the State Plan for the Coordinated System of Care for severely emotionally
disturbed children or adolescents.
SECTION
4.
Code
Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office
of Legislative Counsel, is amended by revising subsection (e) as
follows:
"(e)
The legislative counsel shall provide for the compiling, indexing, editing, and
publication of the Georgia Laws containing the Acts and resolutions of the
General Assembly and other appropriate materials. Except as otherwise
provided in
this subsection
authorized in
Code Section 50-18-2, such Acts and
resolutions shall be published in hardbound volumes suitable for retention as
permanent records
as well as
in softbound volumes or pamphlets suitable for prompt distribution of newly
enacted laws to public officers, attorneys, and the public; and following each
session of the General Assembly, a copy of such softbound Georgia Laws shall be
furnished to the clerk of superior court of each county within 30 days after the
last date on which the Governor may approve or veto bills enacted at that
session of the General Assembly. In the
case of any special session of the General Assembly, however, the separate
publication and distribution of the Acts and resolutions enacted at that special
session may be omitted, and in such case the Acts and resolutions enacted at the
special session shall be published and distributed together with those enacted
at the subsequent regular session. Distribution of the Georgia Laws shall be
carried out by the Secretary of State as provided for in Code Section 45-13-22;
and the Secretary of State shall notify the legislative counsel of the numbers
of volumes required to carry out such distribution."
SECTION
5.
Code
Section 45-13-22 of the Official Code of Georgia Annotated, relating to
distribution of the Georgia Laws and journals of the House and Senate, is
amended by striking the words "the hard-bound volumes and soft-bound volumes of
the" in subsection (b), by striking the second sentence of subsection (c), and
by revising subsection (a) as follows:
"(a)
It shall be the duty of the Secretary of State to distribute the Acts and
resolutions of the General Assembly of Georgia. The Secretary of State shall
notify the legislative counsel of the numbers of
soft-bound
and hard-bound Georgia Laws needed for
distribution.
Hard-bound and soft-bound
volumes; and
the Georgia Laws shall be distributed as
provided in this Code section. The Secretary of State shall make distribution
of the
bound
volumes of the journals of the House and
Senate. The Secretary of State shall notify the Clerk of the House and the
Secretary of the Senate of the numbers of journals needed for distribution.
Distribution shall be as provided in this Code section.
As authorized
under Code Section 50-18-2, the Georgia Laws and the journals may be published
in electronic or printed format; and in the event of publication in electronic
format, the provisions of this Code section relative to distribution of volumes
of such publications shall be deemed to refer to distribution of electronic
format publications."
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.