07 LC 28
3343S/AP
House
Bill 101 (AS PASSED HOUSE AND SENATE)
By:
Representatives Houston of the
170th,
McCall of the
30th,
England of the
108th,
Roberts of the
154th,
and Maddox of the
172nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating
to public records that are not subject to disclosure, so as to provide that
agricultural or food system records, data, or information that are considered a
part of the critical infrastructure shall not be subject to disclosure; to
provide that records, data, or information collected, recorded, or otherwise
obtained for the purposes of the national animal identification system shall not
be subject to disclosure; to provide for exceptions; to provide definitions; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-18-72 of the Official Code of Georgia Annotated, relating to public
records that are not subject to disclosure, is amended by adding new paragraphs
(10.2) and (10.3) to subsection (a) to read as follows:
"(10.2)
Agricultural or food system records, data, or information that are considered by
the Georgia Department of Agriculture to be a part of the critical
infrastructure, provided that nothing in this paragraph shall prevent the
release of such records, data, or information to another state or federal agency
if the release of such records, data, or information is necessary to prevent or
control disease or to protect public health, safety, or welfare. As used in
this paragraph, the term 'critical infrastucture' shall have the same meaning as
in 42 U.S.C. Section 5195c(e). Such records, data, or information shall be
subject to disclosure only upon the order of a court of competent
jurisdiction;
(10.3)
Records, data, or information collected, recorded, or otherwise obtained that is
deemed confidential by the Georgia Department of Agriculture for the purposes of
the national animal identification system, provided that nothing in this
paragraph shall prevent the release of such records, data, or information to
another state or federal agency if the release of such records, data, or
information is necessary to prevent or control disease or to protect public
health, safety, or welfare. As used in this paragraph, the term 'national
animal identification program' means a national program intended to identify
animals and track them as they come into contact with or commingle with animals
other than herdmates from their premises of origin. Such records, data, or
information shall be subject to disclosure only upon the order of a court of
competent jurisdiction;".
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.