24 SB 429/FA 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 AS PASSED SENATE 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 SB 429/FA 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) Prior to the convening of a session of the General Assembly, the Governor, the26 President of the Senate, or any member of the General Assembly may request that the27 Office of Planning and Budget and the Department of Audits and Accounts prepare a small28 business impact analysis of any bill. Following the convening of a session of the General29 Assembly, a small business impact analysis for a bill may only be requested by the30 Governor, the President of the Senate, the Speaker of the House of Representatives, or the31 chairperson of a committee to which such bill has been assigned. A small business impact32 analysis shall estimate the economic costs and benefits that such bill may have on small33 businesses in the state and shall include, if any, the estimated impacts on:34 S. B. 429 - 2 - 24 SB 429/FA (1) The costs of providing goods and services;35 (2) The availability and cost of workers;36 (3) Industry competition or consumer choice; and37 (4) Potential costs of compliance.38 (b) A small business impact analysis requested pursuant to subsection (a) of this Code39 section shall be prepared and submitted by the director of the Office of Planning and40 Budget and the state auditor within 30 days after receipt of the request or, if requested41 during a session of the General Assembly, within ten days after receipt of such request. A42 copy of the small business impact analysis shall be submitted to:43 (1) The Governor;44 (2) The President of the Senate;45 (3) The Speaker of the House of Representatives;46 (4) The chairperson of the committee to which the bill that is the subject of the small47 business impact analysis is assigned in the house of the General Assembly in which the48 bill was introduced;49 (5) The sponsor of the bill that is the subject of the small business impact analysis;50 (6) The individual who requested the small business impact analysis, if such individual51 is not listed in paragraphs (1) through (5) of this subsection;52 (7) The Secretary of the Senate; and53 (8) The Clerk of the House of Representatives.54 (c)(1) If a bill that is the subject of a small business impact analysis prepared pursuant55 to subsection (a) of this Code section is amended or is proposed to be amended, the56 Office of Planning and Budget and Department of Audits and Accounts shall revise such57 small business impact analysis to account for the amended version of such bill upon the58 request of:59 S. B. 429 - 3 - 24 SB 429/FA (A) The Governor, the President of the Senate, or any member of the General 60 Assembly, if such request is made prior to the convening of a session of the General 61 Assembly; or 62 (B) The Governor, the President of the Senate, the Speaker of the House of 63 Representatives, or the chairperson of a committee to which such bill has been 64 assigned, if such request is made after the convening of a session of the General 65 Assembly.66 (2) A revised small business impact analysis requested pursuant to paragraph (1) of this67 subsection shall be prepared and submitted by the director of the Office of Planning and68 Budget and the state auditor in the same manner as the original small business impact69 analysis pursuant to subsection (b) of this Code section.70 (d)(1) The Office of Planning and Budget and the Department of Audits and Accounts71 may contract with a person or persons independent of state government to prepare any72 small business impact analysis or revised small business impact analysis requested73 pursuant to this Code section.74 (2) When preparing a small business impact analysis or revised small business impact75 analysis requested pursuant to this Code section, the Office of Planning and Budget, the76 Department of Audits and Accounts, and any person or persons contracted with under77 paragraph (1) of this subsection may consult with other units of state government, units78 of local government, and business, industry, and community stakeholders impacted by79 or having an interest in the bill that is the subject of such small business impact analysis.80 (e) Any small business impact analysis or revised small business impact analysis prepared81 for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the82 Senate or the Clerk of the House of Representatives and shall be read to the members of83 each respective house of the General Assembly at the third reading of such bill. In84 addition, a copy of each small business impact analysis or revised small business impact85 analysis prepared for a bill pursuant to this Code section shall be distributed to each86 S. B. 429 - 4 - 24 SB 429/FA member of the respective house of the General Assembly before which such bill is pending87 prior to any such bill being voted upon by such house of the General Assembly.88 28-5-59.89 Nothing in this article shall be construed to require any degree of formality of proof of90 compliance with any requirement of this article, and any enrolled bill shall be conclusively91 presumed to have been enacted in compliance with the requirements of this article."92 SECTION 2-2.93 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended94 in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or95 repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,96 by revising subsections (a), (b), and (f) as follows:97 "(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules98 or general statements of policy, the agency shall:99 (1) Give at least 30 days' notice of its intended action.100 The notice shall include an exact copy of the proposed rule and a synopsis of the101 proposed rule. The synopsis shall be distributed with and in the same manner as the102 proposed rule. The synopsis shall contain a statement of the purpose and the main103 features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis104 also shall indicate the differences between the existing rule and the proposed rule. The105 notice shall also include the exact date on which the agency shall consider the adoption106 of the rule and shall include the time and place in order that interested persons may107 present their views thereon. The notice shall also contain a citation of the authority108 pursuant to which the rule is proposed for adoption and, if the proposal is an amendment109 or repeal of an existing rule, the rule shall be clearly identified. There shall be included110 with the notice an economic analysis of the impact of the proposed rule. The Office of111 S. B. 429 - 5 - 24 SB 429/FA Planning and Budget or other designee of the Governor shall create standards and shall112 provide training to agencies on the drafting of economic analyses. Such economic113 analysis shall include the following:114 (A) An estimate, and identification when possible, of the number of individuals and115 businesses subject to the proposed rule;116 (B) The projected reporting, record keeping, and other administrative costs and time117 required for compliance with the proposed rule, including the types of professional118 skills necessary for preparation of any documentation, records, or reports required by119 the proposed rule;120 (C) A statement of the probable effect of the rule on impacted individuals and121 businesses; and122 (D) Such other provisions or information to assess the economic impact of the123 proposed rule as may be required by the Office of Planning and Budget or other124 designee of the Governor.125 The notice shall be mailed to all persons who have requested in writing that they be126 placed upon a mailing list which shall be maintained by the agency for advance notice127 of its rule-making proceedings and who have tendered the actual cost of such mailing as128 from time to time estimated by the agency and to the Office of Planning and Budget or129 other designee of the Governor;130 (2) Afford to all interested persons reasonable opportunity to submit data, views, or131 arguments, orally or in writing. In the case of substantive rules, opportunity for oral132 hearing must be granted if requested by 25 persons who will be directly affected by the133 proposed rule, by a governmental subdivision, or by an association having not less134 than 25 members. The agency shall consider fully all written and oral submissions135 respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so136 by an interested person either prior to adoption or within 30 days thereafter, shall issue137 S. B. 429 - 6 - 24 SB 429/FA a concise statement of the principal reasons for and against its adoption and incorporate 138 therein its reason for overruling the consideration urged against its adoption;139 (3) In the formulation and adoption of any rule which will have an economic impact on140 businesses in the state, reduce the economic impact of the rule on small businesses which141 are independently owned and operated, are not dominant in their field, and142 employ 100 300 employees or less fewer by implementing one or more of the following143 actions when it is legal and feasible in meeting the stated objectives of the statutes which144 are the basis of the proposed rule:145 (A) Establish differing reduced compliance or reporting requirements or and differing146 timetables for small businesses;147 (B) Clarify, consolidate, or simplify the compliance and reporting requirements under148 the rule for small businesses;149 (C) Establish performance rather than design standards for small businesses; or150 (D) Exempt small businesses from any or all requirements of the rules;151 (4) In the formulation and adoption of any rule which places administrative burdens on152 charitable organizations in this state, including, but not limited to, any rule that would153 require any new or expanded filing or reporting requirements or that would limit the154 ability of charitable organizations to solicit or collect funds, the agency or official shall:155 (A) Absent the showing of a compelling state interest, not impose any annual filing or156 reporting requirements on an organization regulated or specifically exempted from157 regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of158 1988,' that are more burdensome than the requirements authorized by applicable law,159 and any such filing or reporting requirements shall be narrowly tailored to achieve such160 compelling state interest. The requirements of this subparagraph shall not apply to the161 state's direct spending programs; and162 S. B. 429 - 7 - 24 SB 429/FA (B) Email the notice provided for in paragraph (1) of this subsection to each 163 chairperson of any standing committee in each house as shown on the General164 Assembly's public website.165 For purposes of this paragraph, the term 'charitable organization' means a nonprofit166 charitable organization which is exempt from taxation under the provisions of167 Section 501(c)(3) of the United States Internal Revenue Code; and168 (5) In the formulation and adoption of any rule, an agency shall choose an alternative169 that does not impose excessive regulatory costs on any regulated person or entity which170 costs could be reduced by a less expensive alternative that fully accomplishes the stated171 objectives of the statutes which are the basis of the proposed rule.172 (b) If any agency finds that an imminent peril to the public health, safety, or welfare,173 including but not limited to, summary processes such as quarantines, contrabands, seizures,174 and the like authorized by law without notice, requires adoption of a rule upon fewer175 than 30 days' notice and states in writing its reasons for that finding, it may proceed without176 prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable177 to adopt an emergency rule. Any such rule adopted relative to a public health emergency178 shall be submitted as promptly as reasonably practicable to the House of Representatives179 and Senate Committees on Judiciary, provided that any such rule adopted relative to a state180 of emergency by the State Election Board shall be submitted as soon as practicable but not181 later than 20 days prior to the rule taking effect. Any emergency rule adopted by the State182 Election Board pursuant to the provisions of this subsection may be suspended upon the183 majority vote of the House of Representatives or Senate Committees on Judiciary within184 ten days of the receipt of such rule by the committees. The rule may be effective for a185 period of not longer than 120 days but the adoption of an identical rule under186 paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided,187 however, that such a rule adopted pursuant to discharge of responsibility under an188 executive order declaring a state of emergency or disaster exists as a result of a public189 S. B. 429 - 8 - 24 SB 429/FA health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of190 the emergency or disaster and for a period of not more than 120 days thereafter."191 "(f)(1) In the event a standing committee to which a notice is assigned as provided in192 subsection (e) of this Code section files an objection objects to a proposed rule prior to193 its adoption and the agency adopts the proposed rule over the objection, the rule may be194 considered by the branch of the General Assembly whose committee objected to its195 adoption by the introduction of a resolution for the purpose of overriding the rule at any196 time within the first 30 days of the next regular session of the General Assembly. It shall197 be the duty of any agency which adopts a proposed rule over such objection so to notify198 the presiding officers of the Senate and the House of Representatives, the chairpersons199 of the Senate and House committees to which the rule was referred, and the legislative200 counsel within ten days after the adoption of the rule. In the event the resolution is201 adopted by such branch of the General Assembly, it shall be immediately transmitted to202 the other branch of the General Assembly. It shall be the duty of the presiding officer of203 the other branch of the General Assembly to have such branch, within five days after the204 receipt of the resolution, to consider the resolution for the purpose of overriding the rule. 205 In the event the resolution is adopted by two-thirds of the votes of each branch of the206 General Assembly, the rule shall be void on the day after the adoption of the resolution207 by the second branch of the General Assembly. In the event the resolution is ratified by208 less than two-thirds of the votes of either branch, the resolution shall be submitted to the209 Governor for his or her approval or veto. In the event of his or her the Governor's veto,210 or if no resolution is introduced for the purpose of overriding the rule, or if the resolution211 introduced is not approved by at least a majority of the vote of each branch of the General212 Assembly, the rule shall remain in effect adopted and shall become or remain effective213 in accordance with the provisions of Code Section 50-13-6. In the event of his or her214 approval the Governor's approval of the resolution, the rule shall be void on the day after215 the date of his or her approval.216 S. B. 429 - 9 - 24 SB 429/FA (2) In the event each standing committee to which a notice is assigned as provided in 217 subsection (e) of this Code section files an objection objects to a proposed rule prior to218 its adoption by a two-thirds' vote of the members of the committee who were voting219 members on the tenth day of the current session, after having given public notice of the220 time, place, and purpose of such vote at least 48 hours in advance, as well as the221 opportunity for members of the public including the promulgating agency, to have a222 reasonable time to comment on the proposed committee action at the hearing, the223 effectiveness of such rule shall be stayed until the next legislative session at which time224 the rule may be considered by the General Assembly by the introduction of a resolution225 in either branch of the General Assembly for the purpose of overriding the rule at any226 time within the first 30 days of the next regular session of the General Assembly not be227 adopted by the promulgating agency and shall instead be deemed withdrawn by the228 promulgating agency unless such agency, within the first 15 days of the next regular229 session of the General Assembly, transmits written notification to the chairpersons of the230 objecting committees that such agency does not intend to withdraw such rule but instead231 intends to adopt such rule following adjournment sine die of that regular session. Such232 notification shall include a detailed statement setting forth the basis for and necessity of233 the proposed rule, an explanation of how the adoption of the proposed rule is within the234 authority of the promulgating agency, any alternatives to the proposed rule considered235 by the promulgating agency, and the potential costs or adverse effects of the proposed236 rule, as well as the identification of those likely to bear such costs or adverse effects. A237 resolution objecting to the intended adoption of the proposed rule may be introduced in238 either branch of the General Assembly after the fifteenth day but before the thirtieth day239 of the regular session in which the notice of intent not to withdraw the proposed rule was240 given by the promulgating agency in accordance with this paragraph. In the event the241 resolution is adopted by the branch of the General Assembly in which it was introduced,242 it shall be immediately transmitted to the other branch of the General Assembly. It shall243 S. B. 429 - 10 - 24 SB 429/FA be the duty of the presiding officer of the other branch of the General Assembly to have 244 such branch, within five days after the receipt of the resolution, to consider the resolution245 for the purpose of overriding objecting to the intended adoption of the proposed rule. 246 In the event the resolution is adopted by two-thirds of the votes of each branch of the247 General Assembly, the proposed rule shall be void on the day after the adoption of the248 resolution by the second branch of the General Assembly shall be disapproved and shall249 not be adopted by the promulgating agency. In the event the resolution is ratified by less250 than two-thirds of the votes of either branch, the resolution shall be submitted to the251 Governor for his or her approval or veto. In the event of his or her the Governor's veto,252 the rule shall remain in effect or if no resolution is introduced objecting to the proposed253 rule, or if the resolution introduced is not approved by at least a majority of the vote of254 each branch of the General Assembly, the proposed rule shall automatically become255 adopted the day following adjournment sine die of that regular session and shall become256 effective in accordance with the provisions of Code Section 50-13-6. In the event of his257 or her the Governor's approval of the resolution, the proposed rule shall be void on the258 day after the date of his or her approval disapproved and shall not be adopted by the259 promulgating agency. If after the thirtieth legislative day of the legislative session of260 which the challenged rule was to be considered the General Assembly has not considered261 an override of the challenged rule pursuant to this subsection, the rule shall then262 immediately take effect."263 SECTION 2-3.264 Said title is further amended by revising Code Section 50-13-6, relating to rules not effective265 until 20 days after filed with the Secretary of State, maintenance of record of the rules,266 exceptions, and rules governing manner and form of filing, as follows:267 "50-13-6.268 S. B. 429 - 11 - 24 SB 429/FA (a) Each rule adopted after July 1, 1965, shall not become effective until the expiration269 of 20 days after the rule is filed in the office of the Secretary of State Except for emergency270 rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule that is adopted271 shall not become effective unless it is filed with the office of the Secretary of State and272 such rule, if filed with the office of the Secretary of State between January 1 and June 30273 of a calendar year, shall become effective on July 1 of that year or, if filed with the office274 of the Secretary of State between July 1 and December 31 of a calendar year, shall become275 effective on January 1 of the immediately succeeding calendar year. Each rule so filed276 shall contain a citation of the authority pursuant to which it was adopted and, if an277 amendment or repeal of an existing rule, shall clearly identify the original rule.278 (b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:279 (1) Not become effective unless and until such emergency rule is approved by the280 Governor. Such an approved emergency rule may be effective for a period of not longer281 than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of282 subsection (a) of Code Section 50-13-4 is not precluded; provided, however, that such an283 approved emergency rule adopted pursuant to a discharge of responsibility under an284 executive order declaring that a state of emergency or disaster exists as a result of a285 public health emergency, as defined in Code Section 38-3-3, shall be effective for the286 duration of the emergency or disaster and for a period of not more than 120 days287 thereafter; and288 (2) Be filed, along with a copy of the finding as required by subsection (b) of Code289 Section 50-13-4 and the Governor's approval of such emergency rule, with the office of290 the Secretary of State within four days after its adoption.291 (b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of292 filing and shall maintain a record of the rules for public inspection.293 (c) The 20 day filing period is subject to the following exceptions:294 S. B. 429 - 12 - 24 SB 429/FA (1) Where a statute or the terms of the rule require a date which is later than the 20 day295 period, then the later date is the effective date; and296 (2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may297 become effective immediately upon adoption or within a period of less than 20 days. The298 emergency rule, with a copy of the finding as required by subsection (b) of Code299 Section 50-13-4, shall be filed with the office of the Secretary of State within four300 working days after its adoption.301 (d) The Secretary of State shall prescribe rules governing the manner and form in which302 regulations shall be prepared for filing. The Secretary may refuse to accept for filing any303 rule that does not conform to such requirements."304 SECTION 2-4.305 Said title is further amended by adding a new Code section to read as follows:306 "50-13-25.307 (a) Not later than December 31, 2024, the Office of Planning and Budget or other designee308 of the Governor shall establish and publish a schedule for the review of the rules and309 regulations of all agencies, subject to the provisions of this chapter, on a seven-year cycle.310 In establishing such schedule, the Office of Planning and Budget or other designee of the311 Governor shall take into consideration the volume of rules that will be subject to review312 in any given year and the ability of the public to provide meaningful input into such313 reviews. An agency that has been through a review under this Code section previously and,314 in the intervening years since such last review, has not increased the number of its rules and315 regulations by more than 10 percent shall be exempt from review under this Code section316 during that cycle.317 (b) The Office of Planning and Budget or other designee of the Governor shall notify in318 December of the immediately preceding year each agency whose rules and regulations are319 subject to review in a given calendar year of the upcoming review period. All rules and320 S. B. 429 - 13 - 24 SB 429/FA regulations of an agency that are scheduled for review under this Code section shall stand321 automatically repealed on December 31 of the review year unless the rules and regulations322 are continued or repromulgated pursuant to this Code section.323 (c) In the year of review, each agency shall undertake an analysis of each of its rules and324 regulations and shall create a written report of the results of such analysis. Such analysis325 shall consider:326 (1) Whether the benefits sought to be achieved by the rule or regulation are being327 realized and are in compliance with current law;328 (2) Whether such benefits justify the costs of implementing and complying with the329 provisions of the rule or regulation; and330 (3) Whether there are less restrictive and less costly alternatives to accomplish the331 desired benefits or results.332 The Office of Planning and Budget or other designee of the Governor shall develop and333 provide to each agency a standardized process and forms for such analysis and shall make334 such process and forms available on the Office of Planning and Budget's public website not335 later than October 1, 2024. Such analysis shall be completed not later than September 1336 of the year of review. Such analysis shall be published on the agency's public website upon337 its completion and shall be submitted to the Office of Planning and Budget or other338 designee of the Governor for review.339 (d) As a part of the rules and regulations analysis process, each agency shall solicit public340 input on the impact, cost, and effectiveness of its rules and regulations. The public shall341 be notified of the opportunity to provide such input in a manner designed to obtain the342 widest possible public notification of interested parties, as well as by mailing such notice343 to all persons who have requested in writing that they be placed upon the mailing list344 maintained by the agency for advance notice of its rule-making proceedings. The notice345 shall include a date by which public input shall be submitted for consideration which shall346 be not less than 30 days after the date the notice is published. Such notice shall be347 S. B. 429 - 14 - 24 SB 429/FA published not later than March 1 of the review year. In addition, the agency shall conduct348 at least two public hearings to receive public comment on its rules and regulations. Such349 public hearings shall be held in a manner designed to maximize public input and shall be350 completed not later than July 1 of the review year.351 (e) Agencies that desire to continue their rules and regulations in effect shall not simply352 repromulgate the rules and regulations without critical review of the necessity,353 effectiveness, and cost of such rules and regulations; without considering possible less354 onerous, less costly, and more effective alternatives to such rules and regulations; and355 without determining whether such rules or regulations are actually necessary.356 (f) Any rule or regulation that an agency desires to continue or repromulgate shall be357 repromulgated in the same manner as for new rules and regulations under this chapter. 358 Any continuation or repromulgation of a rule or regulation shall reduce or maintain the359 current regulatory burden and costs of such rule or regulation and shall not increase such360 burden or costs."361 PART III362 SECTION 3-1.363 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code364 Section 31-6-21.1, relating to procedures for rule making by the Department of Community365 Health, by revising subsections (c) and (f) as follows:366 "(c) Any rule or part thereof to which an objection is made by both committees within the367 30 day objection period under subsection (b) of this Code section shall not be adopted by368 the department and shall be invalid if so adopted. A rule or part thereof thus prohibited369 from being adopted shall be deemed to have been withdrawn by the department unless the370 department, within the first 15 days of the next regular session of the General Assembly,371 transmits written notification to each member of the objecting committees that the372 S. B. 429 - 15 - 24 SB 429/FA department does not intend to withdraw that rule or part thereof but intends to adopt the 373 specified rule or part effective the day following adjournment sine die of that regular374 session. A resolution objecting to such intended adoption may be introduced in either375 branch of the General Assembly after the fifteenth day but before the thirtieth day of the376 session in which occurs the notification of intent not to withdraw a rule or part thereof. In377 the event the resolution is adopted by the branch of the General Assembly in which the378 resolution was introduced, it shall be immediately transmitted to the other branch of the379 General Assembly. It shall be the duty of the presiding officer of the other branch to have380 that branch, within five days after receipt of the resolution, consider the resolution for381 purposes of objecting to the intended adoption of the rule or part thereof. Upon such382 resolution being adopted by two-thirds of the vote of each branch of the General Assembly,383 the rule or part thereof objected to in that resolution shall be disapproved and not adopted384 by the department. If the resolution is adopted by a majority but by less than two-thirds of385 the vote of each such branch, the resolution shall be submitted to the Governor for his or386 her approval or veto. In the event of a veto, or if no resolution is introduced objecting to387 the rule, or if the resolution introduced is not approved by at least a majority of the vote of388 each such branch, the rule shall automatically become adopted the day following389 adjournment sine die of that regular session. In the event of the Governor's approval of the390 resolution, the rule shall be disapproved and not adopted by the department."391 "(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)392 of this Code section but shall be subject to the requirements of subsection (b) of Code393 Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of394 any department emergency rules, where those emergency rules are intended to cover395 matters which had been dealt with by the department's nonemergency rules but such396 nonemergency rules have been objected to by both legislative committees under this Code397 section, the emergency rules concerning those matters may not again be adopted except for398 S. B. 429 - 16 - 24 SB 429/FA one 120 day period. No emergency rule or part thereof which is adopted by the department 399 shall be valid unless adopted in compliance with this subsection."400 SECTION 3-2.401 Said title is further amended in Code Section 50-13A-20, relating to applicability of402 provisions, by revising paragraph (3) of subsection (b) as follows:403 "(3) Code Section 50-13-6, except for paragraph (2) of subsection (c)(b);"404 PART IV405 SECTION 4-1.406 This Act shall become effective upon its approval by the Governor or upon its becoming law407 without such approval.408 SECTION 4-2.409 All laws and parts of laws in conflict with this Act are repealed.410 S. B. 429 - 17 -