Bill Text: GA SB388 | 2009-2010 | Regular Session | Engrossed

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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

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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

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.