Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB429 Introduced / Bill

Filed 01/30/2024

                    24 LC 55 0151
Senate Bill 429
By: Senators Dolezal of the 27th, Gooch of the 51st, Kennedy of the 18th, Robertson of the
29th, Anavitarte of the 31st and others 
A BILL TO BE ENTITLED
AN ACT
To amend Titles 28, 31, and 50 of the Official Code of Georgia Annotated, relating to the
1
General Assembly, health, and state government, respectively, so as to provide for2
procedures and processes concerning the enactment of legislation and the adoption of rules3
and regulations; to provide definitions; to provide for the preparation and submission of4
small business impact analyses for bills introduced during sessions of the General Assembly;5
to provide for contracting; to provide for the revision of small business impact analyses; to6
provide for legislative construction; to revise procedures concerning the adoption of7
administrative rules; to revise procedures within the General Assembly concerning objections8
to proposed administrative rules; to provide for effective dates for adopted administrative9
rules; to provide for periodic review and sunset of administrative rules; to conform10
cross-references; to provide for related matters; to provide a short title; to provide an11
effective date; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
S. B. 429
- 1 - 24 LC 55 0151
PART I
14
SECTION 1-1.15
This Act shall be known and may be cited as the "Small Business Protection Act of 2024."16
PART II17
SECTION 2-1.18
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is19
amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:20
"ARTICLE 3B
21
28-5-57.22
As used in this article, the term 'small business' means a business that is independently23
owned and operated, is not dominant in its field, and employs 300 or fewer employees.24
28-5-58.25
(a)  The Governor, the President of the Senate, or any member of the General Assembly26
may request that the Office of Planning and Budget and the Department of Audits and27
Accounts prepare a small business impact analysis for any bill introduced during a session28
of the General Assembly.  Such small business impact analysis shall estimate the economic29
costs and benefits that such bill may have on small businesses in the state and shall include,30
if any, the estimated impacts on:31
(1)  The costs of providing goods and services;32
(2)  The availability and cost of workers;33
(3)  Industry competition or consumer choice; and34
S. B. 429
- 2 - 24 LC 55 0151
(4)  Potential costs of compliance.35
(b)  A small business impact analysis requested pursuant to subsection (a) of this Code36
section shall be prepared and submitted by the director of the Office of Planning and37
Budget and the state auditor within 30 days after receipt of the request or, if requested38
during a session of the General Assembly, within ten days after receipt of such request.  A39
copy of the small business impact analysis shall be submitted to:40
(1)  The Governor;41
(2)  The President of the Senate;42
(3)  The Speaker of the House of Representatives;43
(4)  The chairperson of the committee to which the bill that is the subject of the small44
business impact analysis is assigned in the house of the General Assembly in which the45
bill was introduced;46
(5)  The sponsor of the bill that is the subject of the small business impact analysis;47
(6)  The individual who requested the small business impact analysis, if such individual48
is not listed in paragraphs (1) through (5) of this subsection;49
(7)  The Secretary of the Senate; and50
(8)  The Clerk of the House of Representatives.51
(c)(1)  If a bill that is the subject of a small business impact analysis prepared pursuant52
to subsection (a) of this Code section is amended or is proposed to be amended, the53
Office of Planning and Budget and the Department of Audits and Accounts shall, upon54
request by the Governor, the President of the Senate, or any member of the General55
Assembly, revise such small business impact analysis to account for the amended version56
of such bill.57
(2)  A revised small business impact analysis requested pursuant to paragraph (1) of this58
subsection shall be prepared and submitted by the director of the Office of Planning and59
Budget and the state auditor in the same manner as the original small business impact60
analysis pursuant to subsection (b) of this Code section.61
S. B. 429
- 3 - 24 LC 55 0151
(d)(1)  The Office of Planning and Budget and the Department of Audits and Accounts62
may contract with a person or persons independent of state government to prepare any63
small business impact analysis or revised small business impact analysis requested64
pursuant to this Code section.65
(2)  When preparing a small business impact analysis or revised small business impact66
analysis requested pursuant to this Code section, the Office of Planning and Budget, the67
Department of Audits and Accounts, and any person or persons contracted with under68
paragraph (1) of this subsection may consult with other units of state government, units69
of local government, and business, industry, and community stakeholders impacted by70
or having an interest in the bill that is the subject of such small business impact analysis.71
(e)  Any small business impact analysis or revised small business impact analysis prepared72
for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the73
Senate or the Clerk of the House of Representatives and shall be read to the members of74
each respective house of the General Assembly at the third reading of such bill.  In75
addition, a copy of each small business impact analysis or revised small business impact76
analysis prepared for a bill pursuant to this Code section shall be distributed to each77
member of the respective house of the General Assembly before which such bill is pending78
prior to any such bill being voted upon by such house of the General Assembly.79
28-5-59.80
Nothing in this article shall be construed to require any degree of formality of proof of81
compliance with any requirement of this article, and any enrolled bill shall be conclusively82
presumed to have been enacted in compliance with the requirements of this article."83
SECTION 2-2.84
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended85
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or86
S. B. 429
- 4 - 24 LC 55 0151
repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,
87
by revising subsections (a), (b), and (f) as follows:88
"(a)  Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules89
or general statements of policy, the agency shall:90
(1)  Give at least 30 days' notice of its intended action.91
The notice shall include an exact copy of the proposed rule and a synopsis of the92
proposed rule.  The synopsis shall be distributed with and in the same manner as the93
proposed rule.  The synopsis shall contain a statement of the purpose and the main94
features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis95
also shall indicate the differences between the existing rule and the proposed rule.  The96
notice shall also include the exact date on which the agency shall consider the adoption97
of the rule and shall include the time and place in order that interested persons may98
present their views thereon.  The notice shall also contain a citation of the authority99
pursuant to which the rule is proposed for adoption and, if the proposal is an amendment100
or repeal of an existing rule, the rule shall be clearly identified.  There shall be included
101
with the notice an economic analysis of the impact of the proposed rule.  The Office of102
Planning and Budget or other designee of the Governor shall create standards and shall103
provide training to agencies on the drafting of economic analyses.  Such economic104
analysis shall include the following:105
(A)  An estimate, and identification when possible, of the number of individuals and106
businesses subject to the proposed rule;107
(B)  The projected reporting, record keeping, and other administrative costs and time108
required for compliance with the proposed rule, including the types of professional109
skills necessary for preparation of any documentation, records, or reports required by110
the proposed rule;111
(C) A statement of the probable effect of the rule on impacted individuals and112
businesses; and113
S. B. 429
- 5 - 24 LC 55 0151
(D) Such other provisions or information to assess the economic impact of the114
proposed rule as may be required by the Office of Planning and Budget or other115
designee of the Governor.116
The notice shall be mailed to all persons who have requested in writing that they be117
placed upon a mailing list which shall be maintained by the agency for advance notice118
of its rule-making proceedings and who have tendered the actual cost of such mailing as119
from time to time estimated by the agency and to the Office of Planning and Budget or120
other designee of the Governor;121
(2)  Afford to all interested persons reasonable opportunity to submit data, views, or122
arguments, orally or in writing.  In the case of substantive rules, opportunity for oral123
hearing must be granted if requested by 25 persons who will be directly affected by the124
proposed rule, by a governmental subdivision, or by an association having not less125
than 25 members.  The agency shall consider fully all written and oral submissions126
respecting the proposed rule.  Upon adoption of a rule, the agency, if requested to do so127
by an interested person either prior to adoption or within 30 days thereafter, shall issue128
a concise statement of the principal reasons for and against its adoption and incorporate129
therein its reason for overruling the consideration urged against its adoption;130
(3)  In the formulation and adoption of any rule which will have an economic impact on131
businesses in the state, reduce the economic impact of the rule on small businesses which132
are independently owned and operated, are not dominant in their field, and133
employ 100 300 employees or less fewer by implementing one or more of the following134
actions when it is legal and feasible in meeting the stated objectives of the statutes which135
are the basis of the proposed rule:136
(A)  Establish differing reduced compliance or reporting requirements or and differing137
timetables for small businesses;138
(B)  Clarify, consolidate, or simplify the compliance and reporting requirements under139
the rule for small businesses;140
S. B. 429
- 6 - 24 LC 55 0151
(C)  Establish performance rather than design standards for small businesses; or
141
(D)  Exempt small businesses from any or all requirements of the rules;142
(4)  In the formulation and adoption of any rule which places administrative burdens on143
charitable organizations in this state, including, but not limited to, any rule that would144
require any new or expanded filing or reporting requirements or that would limit the145
ability of charitable organizations to solicit or collect funds, the agency or official shall
:146
(A)  Absent the showing of a compelling state interest, not impose any annual filing or147
reporting requirements on an organization regulated or specifically exempted from148
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of149
1988,' that are more burdensome than the requirements authorized by applicable law,150
and any such filing or reporting requirements shall be narrowly tailored to achieve such151
compelling state interest.  The requirements of this subparagraph shall not apply to the152
state's direct spending programs; and153
(B) Email the notice provided for in paragraph (1) of this subsection to each154
chairperson of any standing committee in each house as shown on the General155
Assembly's public website.156
For purposes of this paragraph, the term 'charitable organization' means a nonprofit157
charitable organization which is exempt from taxation under the provisions of158
Section 501(c)(3) of the United States Internal Revenue Code; and159
(5)  In the formulation and adoption of any rule, an agency shall choose an alternative160
that does not impose excessive regulatory costs on any regulated person or entity which161
costs could be reduced by a less expensive alternative that fully accomplishes the stated162
objectives of the statutes which are the basis of the proposed rule.163
(b)  If any agency finds that an imminent peril to the public health, safety, or welfare,164
including but not limited to, summary processes such as quarantines, contrabands, seizures,165
and the like authorized by law without notice, requires adoption of a rule upon fewer166
than 30 days' notice and states in writing its reasons for that finding, it may proceed without167
S. B. 429
- 7 - 24 LC 55 0151
prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable
168
to adopt an emergency rule.  Any such rule adopted relative to a public health emergency169
shall be submitted as promptly as reasonably practicable to the House of Representatives170
and Senate Committees on Judiciary, provided that any such rule adopted relative to a state171
of emergency by the State Election Board shall be submitted as soon as practicable but not172
later than 20 days prior to the rule taking effect.  Any emergency rule adopted by the State173
Election Board pursuant to the provisions of this subsection may be suspended upon the174
majority vote of the House of Representatives or Senate Committees on Judiciary within175
ten days of the receipt of such rule by the committees.  The rule may be effective for a
176
period of not longer than 120 days but the adoption of an identical rule under177
paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided,178
however, that such a rule adopted pursuant to discharge of responsibility under an179
executive order declaring a state of emergency or disaster exists as a result of a public180
health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of181
the emergency or disaster and for a period of not more than 120 days thereafter."182
"(f)(1)  In the event a standing committee to which a notice is assigned as provided in183
subsection (e) of this Code section files an objection objects to a proposed rule prior to184
its adoption and the agency adopts the proposed rule over the objection, the rule may be185
considered by the branch of the General Assembly whose committee objected to its186
adoption by the introduction of a resolution for the purpose of overriding the rule at any187
time within the first 30 days of the next regular session of the General Assembly.  It shall188
be the duty of any agency which adopts a proposed rule over such objection so to notify189
the presiding officers of the Senate and the House of Representatives, the chairpersons190
of the Senate and House committees to which the rule was referred, and the legislative191
counsel within ten days after the adoption of the rule.  In the event the resolution is192
adopted by such branch of the General Assembly, it shall be immediately transmitted to193
the other branch of the General Assembly.  It shall be the duty of the presiding officer of194
S. B. 429
- 8 - 24 LC 55 0151
the other branch of the General Assembly to have such branch, within five days after the
195
receipt of the resolution, to consider the resolution for the purpose of overriding the rule. 196
In the event the resolution is adopted by two-thirds of the votes of each branch of the197
General Assembly, the rule shall be void on the day after the adoption of the resolution198
by the second branch of the General Assembly.  In the event the resolution is ratified by199
less than two-thirds of the votes of either branch, the resolution shall be submitted to the200
Governor for his or her approval or veto.  In the event of his or her
 the Governor's veto,201
or if no resolution is introduced for the purpose of overriding the rule, or if the resolution202
introduced is not approved by at least a majority of the vote of each branch of the General203
Assembly, the rule shall remain in effect adopted and shall become or remain effective204
in accordance with the provisions of Code Section 50-13-6.  In the event of his or her205
approval the Governor's approval of the resolution, the rule shall be void on the day after206
the date of his or her approval.207
(2)  In the event each standing committee to which a notice is assigned as provided in208
subsection (e) of this Code section files an objection objects to a proposed rule prior to209
its adoption by a two-thirds' vote of the members of the committee who were voting210
members on the tenth day of the current session, after having given public notice of the211
time, place, and purpose of such vote at least 48 hours in advance, as well as the212
opportunity for members of the public including the promulgating agency, to have a213
reasonable time to comment on the proposed committee action at the hearing, the214
effectiveness of such rule shall be stayed until the next legislative session at which time215
the rule may be considered by the General Assembly by the introduction of a resolution216
in either branch of the General Assembly for the purpose of overriding the rule at any217
time within the first 30 days of the next regular session of the General Assembly not be218
adopted by the promulgating agency and shall instead be deemed withdrawn by the219
promulgating agency unless such agency, within the first 15 days of the next regular220
session of the General Assembly, transmits written notification to the chairpersons of the221
S. B. 429
- 9 - 24 LC 55 0151
objecting committees that such agency does not intend to withdraw such rule but instead222
intends to adopt such rule following adjournment sine die of that regular session.  Such223
notification shall include a detailed statement setting forth the basis for and necessity of224
the proposed rule, an explanation of how the adoption of the proposed rule is within the225
authority of the promulgating agency, any alternatives to the proposed rule considered226
by the promulgating agency, and the potential costs or adverse effects of the proposed227
rule, as well as the identification of those likely to bear such costs or adverse effects.  A228
resolution objecting to the intended adoption of the proposed rule may be introduced in229
either branch of the General Assembly after the fifteenth day but before the thirtieth day230
of the regular session in which the notice of intent not to withdraw the proposed rule was231
given by the promulgating agency in accordance with this paragraph. In the event the232
resolution is adopted by the branch of the General Assembly in which it was introduced,233
it shall be immediately transmitted to the other branch of the General Assembly.  It shall234
be the duty of the presiding officer of the other branch of the General Assembly to have235
such branch, within five days after the receipt of the resolution, to consider the resolution236
for the purpose of overriding objecting to the intended adoption of the proposed rule. 237
In the event the resolution is adopted by two-thirds of the votes of each branch of the238
General Assembly, the proposed rule shall be void on the day after the adoption of the239
resolution by the second branch of the General Assembly shall be disapproved and shall240
not be adopted by the promulgating agency.  In the event the resolution is ratified by less241
than two-thirds of the votes of either branch, the resolution shall be submitted to the242
Governor for his or her approval or veto.  In the event of his or her the Governor's veto,243
the rule shall remain in effect or if no resolution is introduced objecting to the proposed244
rule, or if the resolution introduced is not approved by at least a majority of the vote of245
each branch of the General Assembly, the proposed rule shall automatically become246
adopted the day following adjournment sine die of that regular session and shall become247
effective in accordance with the provisions of Code Section 50-13-6.  In the event of his248
S. B. 429
- 10 - 24 LC 55 0151
or her the Governor's approval of the resolution, the proposed rule shall be void on the249
day after the date of his or her approval disapproved and shall not be adopted by the250
promulgating agency.  If after the thirtieth legislative day of the legislative session of251
which the challenged rule was to be considered the General Assembly has not considered252
an override of the challenged rule pursuant to this subsection, the rule shall then253
immediately take effect."254
SECTION 2-3.255
Said title is further amended by revising Code Section 50-13-6, relating to rules not effective256
until 20 days after filed with the Secretary of State, maintenance of record of the rules,257
exceptions, and rules governing manner and form of filing, as follows:258
"50-13-6.259
(a)  Each rule adopted after July 1, 1965, shall not become effective until the expiration260
of 20 days after the rule is filed in the office of the Secretary of State Except for emergency261
rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule that is adopted262
shall not become effective unless it is filed with the office of the Secretary of State and263
such rule, if filed with the office of the Secretary of State between January 1 and June 30264
of a calendar year, shall become effective on July 1 of that year or, if filed with the office265
of the Secretary of State between July 1 and December 31 of a calendar year, shall become266
effective on January 1 of the immediately succeeding calendar year.  Each rule so filed267
shall contain a citation of the authority pursuant to which it was adopted and, if an268
amendment or repeal of an existing rule, shall clearly identify the original rule.269
(b)  Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:270
(1)  Not become effective unless and until such emergency rule is approved by the271
Governor.  Such an approved emergency rule may be effective for a period of not longer272
than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of273
subsection (a) of Code Section 50-13-4 is not precluded; provided, however, that such an274
S. B. 429
- 11 - 24 LC 55 0151
approved emergency rule adopted pursuant to a discharge of responsibility under an275
executive order declaring that a state of emergency or disaster exists as a result of a276
public health emergency, as defined in Code Section 38-3-3, shall be effective for the277
duration of the emergency or disaster and for a period of not more than 120 days278
thereafter; and279
(2)  Be filed, along with a copy of the finding as required by subsection (b) of Code280
Section 50-13-4 and the Governor's approval of such emergency rule, with the office of281
the Secretary of State within four days after its adoption.282
(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of283
filing and shall maintain a record of the rules for public inspection.284
(c)  The 20 day filing period is subject to the following exceptions:285
(1)  Where a statute or the terms of the rule require a date which is later than the 20 day286
period, then the later date is the effective date; and287
(2)  Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may288
become effective immediately upon adoption or within a period of less than 20 days.  The289
emergency rule, with a copy of the finding as required by subsection (b) of Code290
Section 50-13-4, shall be filed with the office of the Secretary of State within four291
working days after its adoption.292
(d)  The Secretary of State shall prescribe rules governing the manner and form in which293
regulations shall be prepared for filing.  The Secretary may refuse to accept for filing any294
rule that does not conform to such requirements."295
SECTION 2-4.296
Said title is further amended by adding a new Code section to read as follows:297
"50-13-25.298
(a)  Not later than December 31, 2024, the Office of Planning and Budget or other designee299
of the Governor shall establish and publish a schedule for the review of the rules and300
S. B. 429
- 12 - 24 LC 55 0151
regulations of all agencies, subject to the provisions of this chapter, on a seven-year cycle.301
In establishing such schedule, the Office of Planning and Budget or other designee of the302
Governor shall take into consideration the volume of rules that will be subject to review303
in any given year and the ability of the public to provide meaningful input into such304
reviews.  An agency that has been through a review under this Code section previously and,305
in the intervening years since such last review, has not increased the number of its rules and306
regulations by more than 10 percent shall be exempt from review under this Code section307
during that cycle.308
(b)  The Office of Planning and Budget or other designee of the Governor shall notify in309
December of the immediately preceding year each agency whose rules and regulations are310
subject to review in a given calendar year of the upcoming review period.  All rules and311
regulations of an agency that are scheduled for review under this Code section shall stand312
automatically repealed on December 31 of the review year unless the rules and regulations313
are continued or repromulgated pursuant to this Code section.314
(c)  In the year of review, each agency shall undertake an analysis of each of its rules and315
regulations and shall create a written report of the results of such analysis.  Such analysis316
shall consider:317
(1)  Whether the benefits sought to be achieved by the rule or regulation are being318
realized and are in compliance with current law;319
(2)  Whether such benefits justify the costs of implementing and complying with the320
provisions of the rule or regulation; and321
(3)  Whether there are less restrictive and less costly alternatives to accomplish the322
desired benefits or results.323
The Office of Planning and Budget or other designee of the Governor shall develop and324
provide to each agency a standardized process and forms for such analysis and shall make325
such process and forms available on the Office of Planning and Budget's public website not326
later than October 1, 2024.  Such analysis shall be completed not later than September 1327
S. B. 429
- 13 - 24 LC 55 0151
of the year of review.  Such analysis shall be published on the agency's public website upon328
its completion and shall be submitted to the Office of Planning and Budget or other329
designee of the Governor for review.330
(d)  As a part of the rules and regulations analysis process, each agency shall solicit public331
input on the impact, cost, and effectiveness of its rules and regulations.  The public shall332
be notified of the opportunity to provide such input in a manner designed to obtain the333
widest possible public notification of interested parties, as well as by mailing such notice334
to all persons who have requested in writing that they be placed upon the mailing list335
maintained by the agency for advance notice of its rule-making proceedings.  The notice336
shall include a date by which public input shall be submitted for consideration which shall337
be not less than 30 days after the date the notice is published.  Such notice shall be338
published not later than March 1 of the review year.  In addition, the agency shall conduct339
at least two public hearings to receive public comment on its rules and regulations.  Such340
public hearings shall be held in a manner designed to maximize public input and shall be341
completed not later than July 1 of the review year.342
(e)  Agencies that desire to continue their rules and regulations in effect shall not simply343
repromulgate the rules and regulations without critical review of the necessity,344
effectiveness, and cost of such rules and regulations; without considering possible less345
onerous, less costly, and more effective alternatives to such rules and regulations; and346
without determining whether such rules or regulations are actually necessary.347
(f)  Any rule or regulation that an agency desires to continue or repromulgate shall be348
repromulgated in the same manner as for new rules and regulations under this chapter. 349
Any continuation or repromulgation of a rule or regulation shall reduce or maintain the350
current regulatory burden and costs of such rule or regulation and shall not increase such351
burden or costs."352
S. B. 429
- 14 - 24 LC 55 0151
PART III
353
SECTION 3-1.354
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code355
Section 31-6-21.1, relating to procedures for rule making by the Department of Community356
Health, by revising subsections (c) and (f) as follows:357
"(c)  Any rule or part thereof to which an objection is made by both committees within the358
30 day objection period under subsection (b) of this Code section shall not be adopted by359
the department and shall be invalid if so adopted.  A rule or part thereof thus prohibited360
from being adopted shall be deemed to have been withdrawn by the department unless the361
department, within the first 15 days of the next regular session of the General Assembly,362
transmits written notification to each member of the objecting committees that the363
department does not intend to withdraw that rule or part thereof but intends to adopt the364
specified rule or part effective the day
 following adjournment sine die of that regular365
session.  A resolution objecting to such intended adoption may be introduced in either366
branch of the General Assembly after the fifteenth day but before the thirtieth day of the367
session in which occurs the notification of intent not to withdraw a rule or part thereof.  In368
the event the resolution is adopted by the branch of the General Assembly in which the369
resolution was introduced, it shall be immediately transmitted to the other branch of the370
General Assembly.  It shall be the duty of the presiding officer of the other branch to have371
that branch, within five days after receipt of the resolution, consider the resolution for372
purposes of objecting to the intended adoption of the rule or part thereof.  Upon such373
resolution being adopted by two-thirds of the vote of each branch of the General Assembly,374
the rule or part thereof objected to in that resolution shall be disapproved and not adopted375
by the department.  If the resolution is adopted by a majority but by less than two-thirds of376
the vote of each such branch, the resolution shall be submitted to the Governor for his or377
her approval or veto.  In the event of a veto, or if no resolution is introduced objecting to378
S. B. 429
- 15 - 24 LC 55 0151
the rule, or if the resolution introduced is not approved by at least a majority of the vote of
379
each such branch, the rule shall automatically become adopted the day following380
adjournment sine die of that regular session.  In the event of the Governor's approval of the381
resolution, the rule shall be disapproved and not adopted by the department."382
"(f)  Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)383
of this Code section but shall be subject to the requirements of subsection (b) of Code384
Section 50-13-4 and subsection (b) of Code Section 50-13-6
.  Upon the first expiration of385
any department emergency rules, where those emergency rules are intended to cover386
matters which had been dealt with by the department's nonemergency rules but such387
nonemergency rules have been objected to by both legislative committees under this Code388
section, the emergency rules concerning those matters may not again be adopted except for389
one 120 day period.  No emergency rule or part thereof which is adopted by the department390
shall be valid unless adopted in compliance with this subsection."391
SECTION 3-2.392
Said title is further amended in Code Section 50-13A-20, relating to applicability of393
provisions, by revising paragraph (3) of subsection (b) as follows:394
"(3)  Code Section 50-13-6, except for paragraph (2) of subsection (c)(b);"395
PART IV396
SECTION 4-1.397
This Act shall become effective upon its approval by the Governor or upon its becoming law398
without such approval.399
SECTION 4-2.400
All laws and parts of laws in conflict with this Act are repealed.401
S. B. 429
- 16 -