SB189: SB189 Department of Community Affairs; to develop and maintain a publicly accessible data base of legal notices; provide

25 LC 47 3349 Senate Bill 189 By: Senators Williams of the 25th, Anderson of the 24th, Davenport of the 17th, Rhett of the 33rd and Esteves of the 35th A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to1 general provisions related to the Department of Community Affairs, so as to provide for the2 department to develop and maintain a publicly accessible data base of legal notices that are3 otherwise required by law to be published in a newspaper; to pr ovide that such data base4 shall be an additional, mandatory, manner of posting legal notices; to make such data base5 contingent upon appropriation; to provide requirements for such data base; to authorize fees;6 to provide that posting on such data base shall serve as an alt ernative to other publication7 requirements in certain circumstances; to provide a definition; to authorize rules and8 regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 8 of Title 50 of the Official Code of Georgia Annotated , relating to general12 provisions related to the Department of Community Affairs, is a mended by adding a new13 Code section to read as follows:14 S. B. 189 - 1 - 25 LC 47 3349 "50-8-19.15 (a) Subject to appropriation by the General Assembly, the department shall develop and16 operate a publicly accessible online data base of legal notices required by law to be17 published in either a legal organ or other newspaper of general circulation.18 (b) Posting legal notices on such data base shall be mandatory and in addition to any other19 required public notice. Except as provided for in this subsect ion, posting of such legal20 notices on such data base shall not be in lieu of publication r equirements otherwise21 provided by law. No posting on the data base provided for in this subsection shall operate22 to serve as any form of notice required by Code Section 28-1-14.23 (c) The data base provided for in subsection (a) of this Code section shall:24 (1) Be designed to allow for legal notices to be uploaded using commonly accessible25 electronic file formats;26 (2) Allow for the online payment of reasonable publication fees that shall not exceed27 $25.00 per legal notice;28 (3) Post in a secure and unalterable format an uploaded legal notice within 24 hours of29 the uploading of such notice;30 (4) Allow the public to search for and view posted legal notic es in an internet based31 format that is also easily accessible and readable from mobile devices;32 (5) Allow for the establishment of accounts that can receive notifications of the posting33 of certain legal notices designated by the account holder; provided, however, that the34 department may charge additional fees for such service; and35 (6) Provide a mechanism for users to obtain certified copies of posted legal notices.36 (d) Notwithstanding any other law to the contrary, in the even t that the legal organ of a37 county does not maintain an office within such county to administer the publication of legal38 notices, when a person is otherwise required by law to publish a legal notice in such39 county's legal organ, posting such public notice on the data ba se provided for in this40 subsection shall serve as lawful publication of such notice and m a y s e r v e i n l i e u o f41 S. B. 189 - 2 - 25 LC 47 3349 publication in the legal organ and shall satisfy any and all legal requirements of adequate42 notice to the public; provided, however, that such posting on the data base occurs no later43 than the publication date otherwise provided by law.44 (e) In the event that an error is made in the text or publicat ion date of a legal notice45 required to be published in a legal organ or other newspaper of general circulation, and a46 correct version of such notice is posted on the data base provi ded for in this subsection47 within the time provided by law, posting on such data base shall satisfy any and all legal48 requirements of adequate notice to the public.49 (f)(1) For the purpose of this paragraph, the term 'archival n otice' means any notice50 posted on the data base provided for in this subsection for a period of over one year.51 (2) The department is authorized to establish and collect reas onable fees related the52 search and retrieval of archival notices.53 (g) The department is authorized to adopt rules and regulations related to this Code section54 and the data base required herein."55 SECTION 2.56 All laws and parts of laws in conflict with this Act are repealed.57 S. B. 189 - 3 -