24 LC 50 0919S
The House Committee on Budget and Fiscal Affairs Oversight offers the following
substitute to SB 429:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 28 and 50 of the Official Code of Georgia Annotated, relating to the General1
Assembly and state government, respectively, so as to provide for procedures and processes2
concerning the enactment of legislation and the adoption of rules and regulations; to provide3
a definition; to provide for the preparation and submission of small business impact analyses4
for bills introduced during sessions of the General Assembly; to provide for contracting; to5
provide for the revision of small business impact analyses; to provide for legislative6
construction; to conform terminology; to provide for related matters; to provide a short title;7
to provide an effective date; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
PART I10
SECTION 1-1.11
This Act shall be known and may be cited as the "Small Business Protection Act of 2024."12
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PART II13
SECTION 2-1.14
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is15
amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:16
"ARTICLE 3B17
28-5-57.18
As used in this article, the term 'small business' means a business that is independently19
owned and operated, is not dominant in its field, and employs 300 or fewer employees.20
28-5-58.21
(a) Prior to the convening of a session of the General Assembly, the Governor, the22
President of the Senate, or any member of the General Assembly may request that the23
Office of Planning and Budget and the Department of Audits and Accounts prepare a small24
business impact analysis of any bill. Following the convening of a session of the General25
Assembly, a small business impact analysis for a bill may only be requested by the26
Governor, the President of the Senate, the Speaker of the House of Representatives, or the27
chairperson of a committee to which such bill has been assigned. A small business impact28
analysis shall estimate the economic costs and benefits that such bill may have on small29
businesses in the state and shall include, if any, the estimated impacts on:30
(1) The costs of providing goods and services;31
(2) The availability and cost of workers;32
(3) Industry competition or consumer choice; and33
(4) Potential costs of compliance.34
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(b) If unable to provide a complete written small business impact analysis, the Office of35
Planning and Budget and the Department of Audits and Accounts shall provide a written36
explanation of the impact in general terms and need not quantify the specific impact.37
(c) A small business impact analysis requested pursuant to subsection (a) of this Code38
section shall be prepared and submitted by the director of the Office of Planning and39
Budget and the state auditor within 30 days after receipt of the request or, if requested40
during a session of the General Assembly, within ten days after receipt of such request. A41
copy of the small business impact analysis shall be submitted to:42
(1) The Governor;43
(2) The President of the Senate;44
(3) The Speaker of the House of Representatives;45
(4) The chairperson of the committee to which the bill that is the subject of the small46
business impact analysis is assigned in the house of the General Assembly in which the47
bill was introduced;48
(5) The sponsor of the bill that is the subject of the small business impact analysis;49
(6) The individual who requested the small business impact analysis, if such individual50
is not listed in paragraphs (1) through (5) of this subsection;51
(7) The Secretary of the Senate; and52
(8) The Clerk of the House of Representatives.53
(d)(1) If a bill that is the subject of a small business impact analysis prepared pursuant54
to subsection (a) of this Code section is amended or is proposed to be amended, the55
Office of Planning and Budget and Department of Audits and Accounts shall revise such56
small business impact analysis to account for the amended version of such bill upon the57
request of:58
(A) The Governor, the President of the Senate, or any member of the General59
Assembly, if such request is made prior to the convening of a session of the General60
Assembly; or61
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(B) The Governor, the President of the Senate, the Speaker of the House of62
Representatives, or the chairperson of a committee to which such bill has been63
assigned, if such request is made after the convening of a session of the General64
Assembly.65
(2) A revised small business impact analysis requested pursuant to paragraph (1) of this66
subsection shall be prepared and submitted by the director of the Office of Planning and67
Budget and the state auditor in the same manner as the original small business impact68
analysis pursuant to subsection (c) of this Code section.69
(e)(1) The Office of Planning and Budget and the Department of Audits and Accounts70
may contract with a person or persons independent of state government to prepare any71
small business impact analysis or revised small business impact analysis requested72
pursuant to this Code section.73
(2) When preparing a small business impact analysis or revised small business impact74
analysis requested pursuant to this Code section, the Office of Planning and Budget, the75
Department of Audits and Accounts, and any person or persons contracted with under76
paragraph (1) of this subsection may consult with other units of state government, units77
of local government, and business, industry, and community stakeholders impacted by78
or having an interest in the bill that is the subject of such small business impact analysis.79
(f) Any small business impact analysis or revised small business impact analysis prepared80
for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the81
Senate or the Clerk of the House of Representatives and shall be read to the members of82
each respective house of the General Assembly at the third reading of such bill. In83
addition, a copy of each small business impact analysis or revised small business impact84
analysis prepared for a bill pursuant to this Code section shall be distributed to each85
member of the respective house of the General Assembly before which such bill is pending86
prior to any such bill being voted upon by such house of the General Assembly.87
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28-5-59.88
Nothing in this article shall be construed to require any degree of formality of proof of89
compliance with any requirement of this article, and any enrolled bill shall be conclusively90
presumed to have been enacted in compliance with the requirements of this article."91
SECTION 2-2.92
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended93
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or94
repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,95
by revising subsection (a) as follows:96
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules97
or general statements of policy, the agency shall:98
(1) Give at least 30 days' notice of its intended action.99
The notice shall include an exact copy of the proposed rule and a synopsis of the100
proposed rule. The synopsis shall be distributed with and in the same manner as the101
proposed rule. The synopsis shall contain a statement of the purpose and the main102
features of the proposed rule, and, in the case of a proposed amendatory rule, the synopsis103
also shall indicate the differences between the existing rule and the proposed rule. The104
notice shall also include the exact date on which the agency shall consider the adoption105
of the rule and shall include the time and place in order that interested persons may106
present their views thereon. The notice shall also contain a citation of the authority107
pursuant to which the rule is proposed for adoption and, if the proposal is an amendment108
or repeal of an existing rule, the rule shall be clearly identified. The notice shall be109
mailed to all persons who have requested in writing that they be placed upon a mailing110
list which shall be maintained by the agency for advance notice of its rule-making111
proceedings and who have tendered the actual cost of such mailing as from time to time112
estimated by the agency;113
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(2) Afford to all interested persons reasonable opportunity to submit data, views, or114
arguments, orally or in writing. In the case of substantive rules, opportunity for oral115
hearing must be granted if requested by 25 persons who will be directly affected by the116
proposed rule, by a governmental subdivision, or by an association having not less117
than 25 members. The agency shall consider fully all written and oral submissions118
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so119
by an interested person either prior to adoption or within 30 days thereafter, shall issue120
a concise statement of the principal reasons for and against its adoption and incorporate121
therein its reason for overruling the consideration urged against its adoption;122
(3) In the formulation and adoption of any rule which will have an economic impact on123
businesses in the state, reduce the economic impact of the rule on small businesses which124
are independently owned and operated, are not dominant in their field, and125
employ 100 300 employees or less fewer by implementing one or more of the following126
actions when it is legal and feasible in meeting the stated objectives of the statutes which127
are the basis of the proposed rule:128
(A) Establish differing reduced compliance or reporting requirements or and differing129
timetables for small businesses;130
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under131
the rule for small businesses;132
(C) Establish performance rather than design standards for small businesses; or133
(D) Exempt small businesses from any or all requirements of the rules;134
(4) In the formulation and adoption of any rule which places administrative burdens on135
charitable organizations in this state, including, but not limited to, any rule that would136
require any new or expanded filing or reporting requirements or that would limit the137
ability of charitable organizations to solicit or collect funds, the agency or official shall:138
(A) Absent the showing of a compelling state interest, not impose any annual filing or139
reporting requirements on an organization regulated or specifically exempted from140
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regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of141
1988,' that are more burdensome than the requirements authorized by applicable law,142
and any such filing or reporting requirements shall be narrowly tailored to achieve such143
compelling state interest. The requirements of this subparagraph shall not apply to the144
state's direct spending programs; and145
(B) Email the notice provided for in paragraph (1) of this subsection to each146
chairperson of any standing committee in each house as shown on the General147
Assembly's public website.148
For purposes of this paragraph, the term 'charitable organization' means a nonprofit149
charitable organization which is exempt from taxation under the provisions of150
Section 501(c)(3) of the United States Internal Revenue Code; and151
(5) In the formulation and adoption of any rule, an agency shall choose an alternative152
that does not impose excessive regulatory costs on any regulated person or entity which153
costs could be reduced by a less expensive alternative that fully accomplishes the stated154
objectives of the statutes which are the basis of the proposed rule."155
PART III156
SECTION 3-1.157
This Act shall become effective upon its approval by the Governor or upon its becoming law158
without such approval.159
SECTION 3-2.160
All laws and parts of laws in conflict with this Act are repealed.161
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