House Bill 101

Chair's Name: Tom McCall

Committee: Agriculture & Consumer Affairs

House Sponsor: Penny Houston 

HB 101 extends privacy to two additional categories of sensitive information by protecting them from open records requests.  Agricultural or food system records, data, or information that are considered by the Georgia Department of Agriculture to be a part of critical infrastructure will be protected, as well as information provided for the national animal identification system. However, this information can be released in instances where it is necessary to protect public health, safety, or welfare.

The committee substitute received a Do Pass recommendation from the Agriculture & Consumer Affairs Committee and comes to the House Floor under the Structured Rule.

Chairman McCall�s Opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

This bill adds two new paragraphs, 10.2 and 10.3, at the end of subsection(a) of 50-18-72.  This code section relates to certain public records kept by the Georgia Department of Agriculture (The Department) that are not subject to disclosure.  Paragraph 10.2 exempts certain agricultural or food system records, data or information that is considered by The Department to be a part of the critical infrastructure, which has the same meaning as 42 U.S.C. Section 5195c(e).  Paragraphs 10.3 exempts certain records, data or information collected by the Department for the purposes of a national animal identification system, which is a voluntary program to identify animals and track them as they come into contact with animals other than herdmates from their premisis of origin.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Concerns over open record request thwarting the voluntary aspects of the animal identification program

THIS LEGISLATION:

�         Reduces the Size of Government

Does away with open records request for certain records kept by Department of Agriculture

�         Increases Personal Responsibility

Increases volunteer animal identification program participation