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Records Management Division

CHAPTER 7

STATE PUBLICATIONS COMMITTEES

Part 1

General Provisions.
12-7-101. State agencies publication committee - Establishment.
12-7-102. Duties of publications committee.
12-7-103. Approval required.
12-7-104. Publications information required.
12-7-105. Requested material to be provided - Cooperation required.
12-7-106. Higher education and technical institutions publication committee - Establishment - Duties.
12-7-107. Approval Procedure.
12-7-108. Exceptions to Part.

Part 2

Use of Alkaline Paper.
12-7-201. Legislative findings and declarations.
12-7-202. State records and documents to be printed on alkaline paper.
12-7-203. Administration and enforcement - Approved list of alkaline papers.
12-7-204. County and municipal governments.
12-7-205. Rules and regulations.
12-7-206. Construction with § 20-6-103.


PART 1
GENERAL PROVISIONS


12-7-101. State agencies publication committee - Establishment.

Statute text
In order to control the cost and proliferation of publications and reports printed by state agencies, and to provide a permanent record of publications issued by state government, there is hereby created a publications committee which shall consist of the commissioner of finance and administration, the commissioner of general services, the director of the governor's information office, the comptroller of the treasury, one (1) member of the senate, one (1) member of the house appointed by the respective speakers and the secretary of state. The commissioner of finance and administration or the commissioner's representative, shall be the chair of this committee, and the secretary of state or the secretary of state's representative, shall be the secretary and as such shall keep a permanent and accurate record of the committee's proceedings. The members of this committee shall serve without additional compensation. The commissioners of finance and administration and general services, the secretary of state and the comptroller of the treasury are authorized to designate an alternate representative who shall have full authority to vote and participate in all other activities of the committee under this part. Such designations must be made in writing to the chair, with copy filed with the secretary of state. The committee shall have authority to issue regulations implementing provisions concerning designation in such a manner as to provide for maximum continuity of such representation.

History
[Acts 1976, ch. 694, § 1; 1979, ch. 296, § 1; T.C.A., § 12-1001; Acts 1990, ch. 1024, § 1.]

Annotations
Compiler's Notes. The state agencies publication committee, created by this section, terminates June 30, 2008. See §§ 4-29-112, 4-29-229. The higher education and technical institutions publications committee, created by this section and § 12-7-106, terminates June 30, 2008. See §§ 4-29-112, 4-29-229.

Section to Section References. This part is referred to in §§ 12-5-125, 12-6-110, 12-6-118. This section is referred to in § 4-29-229.

Comparative Legislation.State publications committees:

Va. Code § 2.1-464 et seq.

COLLATERAL REFERENCES

81A C.J.S. States §§ 132, 162.

12-7-102. Duties of publications committee.

Statute text
(a) It is the duty of the publications committee to establish rules and regulations to control the costs and quantity of all publications, and to promulgate rules and regulations governing the printing and distribution of state agency reports and publications issued by agencies and departments of the government of the state of Tennessee, excluding institutions of higher education, the judicial branch of state government, and those state institutions and facilities exempted from public purchase laws in § 12-3-103.

(b) The rules and regulations on distribution shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for in chapter 6 of this title, or otherwise by law or resolution enacted after May 25, 1984, but that all distributions must either be approved in general by the committee or be made upon request by the recipient.

(c) It also is the duty of the publications committee to establish a procedure for reviewing all publications as hereinafter defined, and to approve or disapprove the printing of existing publications and planned publications which come under the provisions of this part.

(d) The publications committee shall determine the need for existing and planned publications based upon agency's goals and purpose or statutory requirements, and the quantity and distribution of each approved publication.

(e) "Publications" includes any newsletter, stationery, greeting card, report or printed material produced for distribution outside the department or agency for which the report or printed material is printed, including those printed at facilities not operated by the state.

History
[Acts 1976, ch. 694, § 2; T.C.A., § 12-1002; Acts 1980, ch. 742, §§ 1, 2; 1982, ch. 563, § 4; 1984, ch. 798, § 5; 1990, ch. 1024, §§ 2, 3.]

Annotations
Section to Section References. This section is referred to in § 12-7-103.

12-7-103. Approval required.

Statute text
(a) No publication, coming within the jurisdiction of the publications committee as provided by § 12-7-102, shall be printed unless it has been approved in accordance with rules promulgated by the publications committee. Rules of the publications committee shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(b) The publications committee shall require any publication printed to include the number of copies printed.

(c) The publications committee shall not approve any publication which purports to contain a citation to or a reproduction of a duly promulgated agency rule (as defined by the Uniform Administrative Procedures Act, § 4-5-102) prior to receiving a written statement from the secretary of state or the secretary of state's representative verifying the fact that the rule so cited or reproduced has been duly promulgated and is currently in effect.

(d) A printing authorization number shall be assigned to each publication which has been approved as required by this section. The printing authorization number shall be affixed to the publication adjacent to the identification of the agency responsible for the publication. No printing facility operated by the state shall print any publication, coming within the jurisdiction of the publications committee as provided by § 12-7-102, unless the printing authorization number has been affixed as required by this subsection. No contract shall be entered into, nor requisition issued, nor acted upon, by any state department or agency, including, but not limited to, the division of purchasing, for printing of any publication, coming within the jurisdiction of the publications committee as provided by § 12-7-102, at any facility unless the printing authorization number has been affixed as required by this subsection. All state contracts or grant agreements, including, but not limited to, all contracts for personal, professional and consultant services entered into under §§ 12-4-109 and 12-4-110, which involve or may involve the printing of any publication, coming within the jurisdiction of the publications committee as provided by § 12-7-102, shall contain a provision whereby the contractor or grantee agrees that no publication shall be printed unless a printing authorization number has been obtained and affixed as required by this section.

(e) Whenever any department, institution or agency of the state government contracts for the printing of a publication coming within the jurisdiction of the publications committee as provided by § 12-7-102, and such publication has not been approved in accordance with rules promulgated by the publications committee, such contract shall be void and of no effect.

History
[Acts 1976, ch. 694, § 3; T.C.A., § 12-1003; Acts 1980, ch. 455, § 1; 1982, ch. 563, §§ 5, 6; 1983, ch. 80, §§ 1, 2.]

12-7-104. Publications information required.

Statute text
The publications committee shall, as a minimum, keep the following information on each approved publication:

(1) Name of publication;

(2) Department producing publication;

(3) Purpose and brief description of publication contents;

(4) Number of copies authorized to be printed;

(5) A general list of distribution; and

(6) Estimated cost of preparation and printing.

History
[Acts 1976, ch. 694, § 4; T.C.A., § 12-1004; Acts 1990, ch. 1024, § 4.]

12-7-105. Requested material to be provided - Cooperation required.

Statute text
It is the duty of all departments, institutions or agencies of state government to furnish to the publications committee all material requested from the committee regarding publications and reports.

History
[Acts 1976, ch. 694, § 5; T.C.A., § 12-1005.]

12-7-106. Higher education and technical institutions publication committee - Establishment - Duties.

(a) To control publications of higher education institutions and technical institutes, there is hereby established a publications committee which shall consist of the executive director of the Tennessee higher education commission, or the executive director's designee, the president of the University of Tennessee system, or the president's designee, and the chancellor of the state board of regents, or the chancellor's designee. This committee shall review publications of higher education institutions and technical institutes to determine the necessity of the publications, and shall promulgate rules and regulations governing the printing of such publications by higher education institutions and technical institutes. The rules and regulations shall include a provision stipulating that there shall be no automatic distribution of reports or publications, except the distribution provided for in chapter 6 of this title, or otherwise by law or resolution enacted after May 25, 1984, but that all distributions must either be approved in general by the committee or be made upon request by the recipient. The publications committee shall require each higher education institution and technical institute to keep, as a minimum, the following information on each approved publication:

(1) Name of publication;

(2) Department producing publication;

(3) Purpose and brief description of publication's contents;

(4) Number of copies authorized to be printed;

(5) A general list of distribution; and

(6) Estimated cost of printing and distribution.

(b) The publications committee shall require any publication printed at facilities not operated by the state or higher education institution or technical institute to include the printer's name, address, and the number of copies printed.

(c) The publications committee shall not approve any publication which purports to contain a citation to or a reproduction of a duly promulgated agency rule (as defined by the Uniform Administrative Procedures Act, § 4-5-102) prior to receiving a written statement from the secretary of state or the secretary of state's representative verifying the fact that the rule so cited or reproduced has been duly promulgated and is currently in effect.

(d) A printing authorization number shall be assigned to each publication which has been approved as required by this section. The printing authorization number shall be affixed to the publication adjacent to the identification of the higher education institution or technical institute responsible for the publication. No printing facility operated by a higher education institution or technical institute shall print any publication unless the printing authorization number has been affixed as required by this subsection. No contract shall be entered into, no requisition issued, or acted upon, by any higher education institution or technical institute for printing of any publication at any facility unless the printing authorization number has been affixed as required by this subsection. All contracts or grant agreements entered into by a higher education institution or technical institute which involve or may involve the printing of a publication shall contain a provision whereby the contractor or grantee agrees that no publication shall be printed unless a printing authorization number has been obtained and affixed as required by this section.

History
[Acts 1976, ch. 694, § 6; T.C.A., § 12-1006; Acts 1980, ch. 455, § 2; 1982, ch. 563, §§ 7-9; 1984, ch. 798, § 6; 1998, ch. 581, § 2;2002, ch. 758, § 3.]

Annotations
Compiler's Notes. The higher education and technical institutions publication committee created by this section and § 12-7-101, terminates June 30, 2008. See §§ 4-29-112, 4-29-229.

Amendments. The 2002 amendment, in the first sentence of (a), inserted "and" following " president's designee," and deleted ", and the commissioner of education or the commissioner's designee "following "chancellor's designee ". Effective Dates. Acts 2002, ch. 758,§ 4. July 1, 2002

Section to Section References. This section is referred to in § 4-29-229.

12-7-107. Approval procedure.

Statute text
The approval procedure established by the publications committee created by this part may allow one-time approval of a publication which is printed on a periodic basis and which conforms to the format, design, and purpose of the publication as originally presented to the appropriate committee for approval without requiring review and approval of subsequent issues of the publication.

History
[Acts 1976, ch. 694, § 7; T.C.A., § 12-1007.]

12-7-108. Exceptions to Part.

Statute text
The requirements of this part do not apply to any student newspaper publication or annuals and/or yearbooks.

History
[Acts 1976, ch. 694, § 8; T.C.A., § 12-1008.]



PART 2
USE OF ALKALINE PAPER


12-7-201. Legislative findings and declarations.

Statute text
The general assembly finds and declares that the use of alkaline paper for the publication of state records and documents of enduring value is a social and moral imperative to preserve our collective knowledge and heritage for the future. To this end, the general assembly declares it to be the public policy of the state of Tennessee to utilize alkaline paper in the printing and/or publication of permanent state records and documents whenever feasible.

History [Acts 1995, ch. 114, § 2.]


12-7-202. State records and documents to be printed on alkaline paper.

Statute text
Each department, board, commission, agency or other entity of state government, including state institutions of higher education, shall use alkaline paper that meets or exceeds the American National Standards Institute standard for permanent paper for printed library materials (ANSI Z39.48), as approved by the state publications committee, for the printing or publication of all permanent state records or documents.

History [Acts 1995, ch. 114, § 3.]

Annotations
Section to Section References.
This section is referred to in § 12-7-203.

12-7-203. Administration and enforcement - Approved list of alkaline papers.

Statute text
The state publications committee, established at part 1 of this chapter, is charged with the responsibility of administering and enforcing the provisions of this part. The state publications committee shall provide to each department, board, commission, agency or other entity of state government an approved list of alkaline papers that meet or exceed the standard for permanent paper established in § 12-7-202.

History
[Acts 1995, ch. 114, § 4.]

12-7-204. County and municipal governments.

Statute text
The general assembly further urges and encourages all county governments, municipal governments and other local governmental entities to utilize alkaline paper that meets the ANSI Z39.48 standard when such governments print and/or publish public records and documents of enduring value.

History
[Acts 1995, ch. 114, §7.]

12-7-205. Rules and regulations.

Statute text
The state publications committee is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, complied in title 4, chapter 5.

History
[Acts 1995, ch. 114, § 6.]

12-7-206. Construction with § 20-6-103.

Statute text
Nothing in the provisions of this part shall be construed to supersede § 20-6-103. To the extent that this part is in conflict with § 20-06-03, the provisions of § 20-6-103 shall control.

History
[Acts 1995, ch. 114, § 5.]


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