25 LC 55 0422
Senate Bill 28
By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Anavitarte of the
31st, Robertson of the 29th 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 effective11
dates; to repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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PART I
14
SECTION 1-1.15
This Act shall be known and may be cited as the "Red Tape Rollback Act of 2025."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
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(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 the Department of Audits and Accounts shall revise57
such small business impact analysis to account for the amended version of such bill upon58
the request of:59
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(A) The Governor, the President of the Senate, or any member of the General60
Assembly, if such request is made prior to the convening of a session of the General61
Assembly; or62
(B) The Governor, the President of the Senate, the Speaker of the House of63
Representatives, or the chairperson of a committee to which such bill has been64
assigned, if such request is made after the convening of a session of the General65
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
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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 consider the economic impact of the99
proposed rule and shall:100
(1) Give at least 30 days' notice of its intended action. The notice shall include an exact101
copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be102
distributed with and in the same manner as the proposed rule. The synopsis shall contain103
a statement of the purpose and the main features of the proposed rule, and, in the case of104
a proposed amendatory rule, the synopsis also shall indicate the differences between the105
existing rule and the proposed rule. The notice shall also include the exact date on which106
the agency shall consider the adoption of the proposed rule and shall include the time and107
place in order that interested persons may present their views thereon. The notice shall108
also contain a citation of the authority pursuant to which the rule is proposed for adoption109
and, if the proposal is an amendment or repeal of an existing rule, the existing rule shall110
be clearly identified. For any proposed rule for which the agency reasonably anticipates111
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that $1 million or more in cumulative implementation and compliance costs are112
reasonably expected to be incurred by or passed along to individuals, businesses, and113
units of local government as the result of the proposed rule over the initial five-year114
period following the effective date of such proposed rule, the agency shall prepare and115
there shall be included with the notice an economic analysis of the impact of the proposed116
rule. Such economic analysis shall include the following:117
(A) An estimate, and identification when possible, of the number of individuals,118
businesses, and units of local government subject to the proposed rule;119
(B) The projected reporting, record keeping, and other administrative costs and time120
required for compliance with the proposed rule, including the types of professional121
skills necessary for preparation of any documentation, records, or reports required by122
the proposed rule;123
(C) A statement of the probable effect of the rule on impacted individuals, businesses,124
and units of local government;125
(D) Whether the proposed rule is mandated by federal law as a requirement for126
participating in or implementing a federally subsidized or assisted program and whether127
the proposed rule exceeds the requirements of such applicable federal law;128
(E) A comparison of the anticipated costs and benefits of the proposed rule;129
(F) A description of the efforts taken by the agency to minimize the cost and impact130
of the proposed rule on individuals, businesses, and units of local government in this131
state; and132
(G) Such other provisions or information the agency deems reasonably necessary for133
the General Assembly and the public to assess the economic impact of the proposed134
rule.135
The notice shall be mailed to all persons who have requested in writing that they be136
placed upon a mailing list which shall be maintained by the agency for advance notice137
of its rule-making proceedings and who have tendered the actual cost of such mailing as138
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from time to time estimated by the agency and to the Office of Planning and Budget or139
other designee of the Governor;140
(2) Afford to all interested persons reasonable opportunity to submit data, views, or141
arguments, orally or in writing. In the case of substantive rules, opportunity for oral142
hearing must be granted if requested by 25 persons who will be directly affected by the143
proposed rule, by a governmental subdivision, or by an association having not less144
than 25 members. The agency shall consider fully all written and oral submissions145
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so146
by an interested person either prior to adoption or within 30 days thereafter, shall issue147
a concise statement of the principal reasons for and against its adoption and incorporate148
therein its reason for overruling the consideration urged against its adoption;149
(3) In the formulation and adoption of any rule which will have an economic impact on150
businesses in the state, reduce the economic impact of the rule on small businesses which151
are independently owned and operated, are not dominant in their field, and152
employ 100 300 employees or less fewer by implementing one or more of the following153
actions when it is legal and feasible in meeting the stated objectives of the statutes which154
are the basis of the proposed rule:155
(A) Establish differing reduced compliance or reporting requirements or and differing156
timetables for small businesses;157
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under158
the rule for small businesses;159
(C) Establish performance rather than design standards for small businesses; or160
(D) Exempt small businesses from any or all requirements of the rules;161
(4) In the formulation and adoption of any rule which places administrative burdens on162
charitable organizations in this state, including, but not limited to, any rule that would163
require any new or expanded filing or reporting requirements or that would limit the164
ability of charitable organizations to solicit or collect funds, the agency or official shall:165
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(A) Absent the showing of a compelling state interest, not impose any annual filing or
166
reporting requirements on an organization regulated or specifically exempted from167
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of168
1988,' that are more burdensome than the requirements authorized by applicable law,169
and any such filing or reporting requirements shall be narrowly tailored to achieve such170
compelling state interest. The requirements of this subparagraph shall not apply to the171
state's direct spending programs; and172
(B) Email the notice provided for in paragraph (1) of this subsection to each173
chairperson of any standing committee in each house as shown on the General174
Assembly's public
website.175
For purposes of this paragraph, the term 'charitable organization' means a nonprofit176
charitable organization which is exempt from taxation under the provisions of177
Section 501(c)(3) of the United States Internal Revenue Code; and178
(5) In the formulation and adoption of any rule, an agency shall choose an alternative179
that does not impose excessive regulatory costs on any regulated person or entity which180
costs could be reduced by a less expensive alternative that fully accomplishes the stated181
objectives of the statutes which are the basis of the proposed rule.182
(b) If any agency finds that an imminent peril to the public health, safety, or welfare,183
including, but not limited to, summary processes such as quarantines, contrabands,184
seizures, and the like authorized by law without notice, requires adoption of a rule upon185
fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed186
without prior notice or hearing or upon any abbreviated notice and hearing that it finds187
practicable to adopt an emergency rule. Any such rule adopted relative to a public health188
emergency shall be submitted as promptly as reasonably practicable to the House of189
Representatives and Senate Committees on Judiciary, provided that any such rule adopted190
relative to a state of emergency by the State Election Board shall be submitted as soon as191
practicable but not later than 20 days prior to the rule taking effect. Any emergency rule192
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adopted by the State Election Board pursuant to the provisions of this subsection may be
193
suspended upon the majority vote of the House of Representatives or Senate Committees194
on Judiciary within ten days of the receipt of such rule by the committees. The rule may
195
be effective for a period of not longer than 120 days but adoption of an emergency rule196
pursuant to the provisions of this subsection shall not preclude the adoption of an identical197
rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded;198
provided, however, that such a rule adopted pursuant to discharge of responsibility under199
an executive order declaring a state of emergency or disaster exists as a result of a public200
health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of201
the emergency or disaster and for a period of not more than 120 days thereafter."202
"(f)(1) In the event a standing committee to which a notice is assigned as provided in203
subsection (e) of this Code section files an objection objects to a proposed rule prior to204
its adoption and the agency adopts the proposed rule over the objection, the rule may be205
considered by the branch house of the General Assembly whose committee objected to206
its adoption by the introduction of a resolution for the purpose of overriding the rule at207
any time within the first 30 days of the next regular session of the General Assembly. It208
shall be the duty of any agency which adopts a proposed rule over such objection so to209
notify the presiding officers of the Senate and the House of Representatives, the210
chairpersons of the Senate and House committees to which the rule was referred, and the211
legislative counsel within ten days after the adoption of the rule. In the event the212
resolution is adopted by such branch house of the General Assembly, it shall be213
immediately transmitted to the other branch house of the General Assembly. It shall be214
the duty of the presiding officer of the other branch house of the General Assembly to215
have such branch house, within five days after the receipt of the resolution, to consider216
the resolution for the purpose of overriding the rule. In the event the resolution is217
adopted by two-thirds of the votes of each branch house of the General Assembly, the218
rule shall be void on the day after the adoption of the resolution by the second branch219
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house of the General Assembly. In the event the resolution is ratified by less than220
two-thirds of the votes of either branch house, the resolution shall be submitted to the221
Governor for his or her approval or veto. In the event of his or her the Governor's veto,222
or if no resolution is introduced for the purpose of overriding the rule, or if the resolution223
introduced is not approved by at least a majority of the vote of each house of the General224
Assembly, the rule shall remain in effect adopted and shall become or remain effective225
in accordance with the provisions of Code Section 50-13-6. In the event of his or her226
approval the Governor's approval of the resolution, the rule shall be void on the day after227
the date of his or her approval.228
(2) In the event each standing committee to which a notice is assigned as provided in229
subsection (e) of this Code section files an objection objects to a proposed rule prior to230
its adoption by a two-thirds' vote of the members of the committee who were voting231
members on the tenth day of the current session, after having given public notice of the232
time, place, and purpose of such vote at least 48 hours in advance, as well as the233
opportunity for members of the public, including the promulgating agency, to have a234
reasonable time to comment on the proposed committee action at the hearing, the235
effectiveness of such rule shall be stayed until the next legislative session at which time236
the rule may be considered by the General Assembly by the introduction of a resolution237
in either branch of the General Assembly for the purpose of overriding the rule at any238
time within the first 30 days of the next regular session of the General Assembly not be239
adopted by the promulgating agency and shall instead be deemed withdrawn by the240
promulgating agency unless such agency, within the first 15 days of the next regular241
session of the General Assembly, transmits written notification to the chairpersons of the242
objecting committees that such agency does not intend to withdraw such rule but instead243
intends to adopt such rule following adjournment sine die of that regular session. Such244
notification shall include a detailed statement setting forth the basis for and necessity of245
the proposed rule, an explanation of how the adoption of the proposed rule is within the246
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authority of the promulgating agency, any alternatives to the proposed rule considered247
by the promulgating agency, and the potential costs or adverse effects of the proposed248
rule, as well as the identification of those likely to bear such costs or adverse effects. A249
resolution objecting to the intended adoption of the proposed rule may be introduced in250
either house of the General Assembly after the fifteenth day but before the thirtieth day251
of the regular session in which the notice of intent not to withdraw the proposed rule was252
given by the promulgating agency in accordance with this paragraph. In the event the253
resolution is adopted by the branch house of the General Assembly in which it was254
introduced, it shall be immediately transmitted to the other branch house of the General255
Assembly. It shall be the duty of the presiding officer of the other branch house of the256
General Assembly to have such branch house, within five days after the receipt of the257
resolution, to consider the resolution for the purpose of overriding objecting to the258
intended adoption of the proposed rule. In the event the resolution is adopted by259
two-thirds of the votes of each branch house of the General Assembly, the proposed rule260
shall be void on the day after the adoption of the resolution by the second branch of the261
General Assembly shall be disapproved and shall not be adopted by the promulgating262
agency. In the event the resolution is ratified by less than two-thirds of the votes of either263
branch house, the resolution shall be submitted to the Governor for his or her approval264
or veto. In the event of his or her the Governor's veto, the rule shall remain in effect or265
if no resolution is introduced objecting to the proposed rule, or if the resolution266
introduced is not approved by at least a majority of the vote of each house of the General267
Assembly, the proposed rule shall automatically become adopted the day following268
adjournment sine die of that regular session and shall become effective in accordance269
with the provisions of Code Section 50-13-6. In the event of his or her the Governor's270
approval of the resolution, the proposed rule shall be void on the day after the date of his271
or her approval disapproved and shall not be adopted by the promulgating agency. If272
after the thirtieth legislative day of the legislative session of which the challenged rule273
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was to be considered the General Assembly has not considered an override of the274
challenged rule pursuant to this subsection, the rule shall then immediately take effect."275
SECTION 2-3.276
Said title is further amended by revising Code Section 50-13-6, relating to rules not effective277
until 20 days after filed with the Secretary of State, maintenance of record of the rules,278
exceptions, and rules governing manner and form of filing, as follows:279
"50-13-6.280
(a) Each rule adopted after July 1, 1965, shall not become effective until the expiration281
of 20 days after the rule is filed in the office of the Secretary of State Except for emergency282
rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule that is adopted283
shall not become effective unless it is filed with the office of the Secretary of State and284
such rule, if filed with the office of the Secretary of State between January 1 and June 30285
of a calendar year, shall become effective on July 1 of that year or, if filed with the office286
of the Secretary of State between July 1 and December 31 of a calendar year, shall become287
effective on January 1 of the immediately succeeding calendar year. Each rule so filed288
shall contain a citation of the authority pursuant to which it was adopted and, if an289
amendment or repeal of an existing rule, shall clearly identify the original rule.290
(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:291
(1) Become effective immediately upon its adoption or on such later date as the292
promulgating agency may prescribe and may be effective for a period of not longer than293
120 days; provided, however, that such an emergency rule adopted pursuant to a294
discharge of responsibility under an executive order declaring that a state of emergency295
or disaster exists as a result of a public health emergency, as defined in Code Section296
38-3-3, shall be effective for the duration of the emergency or disaster and for a period297
of not more than 120 days thereafter; and298
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(2) Be filed, along with a copy of the finding as required by subsection (b) of Code299
Section 50-13-4, with the office of the Secretary of State within four days after its300
adoption.301
(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of302
filing and shall maintain a record of the rules for public inspection.303
(c) The 20 day filing period is subject to the following exceptions:304
(1) Where a statute or the terms of the rule require a date which is later than the 20 day305
period, then the later date is the effective date; and306
(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may307
become effective immediately upon adoption or within a period of less than 20 days. The308
emergency rule, with a copy of the finding as required by subsection (b) of Code309
Section 50-13-4, shall be filed with the office of the Secretary of State within four310
working days after its adoption.311
(d) The Secretary of State shall prescribe rules governing the manner and form in which312
regulations shall be prepared for filing. The Secretary may refuse to accept for filing any313
rule that does not conform to such requirements."314
SECTION 2-4.315
Said title is further amended by adding new Code sections to read as follows:316
"50-13-24.317
(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the318
Governor shall establish and publish a schedule for the review of the rules of all agencies,319
subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews320
occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning321
and Budget or other designee of the Governor shall take into consideration the volume of322
rules that will be subject to review in any given year and the ability of the public to provide323
meaningful input into such reviews. An agency that has been through a review under this324
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Code section previously and, in the intervening years since such last review, has not325
increased the number of its rules by more than 10 percent shall be exempt from review326
under this Code section during that cycle.327
(b) The Office of Planning and Budget or other designee of the Governor shall notify in328
December of the immediately preceding year each agency whose rules are subject to329
review in a given calendar year of the upcoming review period. All rules of an agency that330
are scheduled for review under this Code section shall stand automatically repealed on331
December 31 of the review year unless the rules are continued or repromulgated pursuant332
to this Code section.333
(c) In the year of review, each agency shall undertake an analysis of each of its rules and334
shall create a written report of the results of such analysis. Such analysis shall consider:335
(1) Whether the benefits sought to be achieved by the rule are being realized and are in336
compliance with current law;337
(2) Whether such benefits justify the costs of implementing and complying with the338
provisions of the rule; and339
(3) Whether there are less restrictive and less costly alternatives to accomplish the340
desired benefits or results.341
The Office of Planning and Budget or other designee of the Governor shall develop and342
provide to each agency a standardized process and forms for such analysis and shall make343
such process and forms available on the Office of Planning and Budget's public website not344
later than October 1, 2027. Such analysis shall be completed not later than September 1345
of the year of review. Such analysis shall be published on the agency's public website upon346
its completion and shall be submitted to the Office of Planning and Budget or other347
designee of the Governor for review.348
(d) As a part of the rules analysis process, each agency shall solicit public input on the349
impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity350
to provide such input in a manner designed to obtain the widest possible public notification351
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of interested parties, as well as by mailing such notice to all persons who have requested352
in writing that they be placed upon the mailing list maintained by the agency for advance353
notice of its rule-making proceedings. The notice shall include a date by which public354
input shall be submitted for consideration which shall be not less than 30 days after the date355
the notice is published. Such notice shall be published not later than March 1 of the review356
year. In addition, the agency shall conduct at least two public hearings to receive public357
comment on its rules. Such public hearings shall be held in a manner designed to358
maximize public input and shall be completed not later than July 1 of the review year.359
(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the360
rules and regulations without critical review of the necessity, effectiveness, and cost of361
such rules; without considering possible less onerous, less costly, and more effective362
alternatives to such rules; and without determining whether such rules or regulations are363
actually necessary.364
(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in365
the same manner as for new rules under this chapter. Any continuation or repromulgation366
of a rule shall reduce or maintain the current regulatory burden and costs of such rule and367
shall not increase such burden or costs.368
(g) The provisions of this Code section shall not apply to constitutional officers or their369
respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.370
50-13-25.371
(a) As used in this Code section, the term:372
(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the373
Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of374
Labor, and the State School Superintendent.375
(2) 'Respective agency' means:376
(A) With respect to the Attorney General, the Department of Law;377
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(B) With respect to the Secretary of State, the office of the Secretary of State;378
(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;379
(D) With respect to the Commissioner of Insurance, the Department of Insurance;380
(E) With respect to the Commissioner of Labor, the Department of Labor; and381
(F) With respect to the State School Superintendent, the Department of Education.382
(b) All constitutional officers shall, subject to the provisions of this chapter, review all of383
the rules promulgated by such constitutional officers, their predecessors, or their respective384
agencies that are in effect every four years, with the first year of review being the 2028385
calendar year. In subsequent review years after 2028, each constitutional officer and such386
officer's respective agency that has not, in the intervening years since such last review,387
increased the number of its rules by more than 10 percent shall be exempt from review388
under this Code section during that year of review.389
(c) All rules of a constitutional officer and such officer's respective agency that are390
scheduled for review under this Code section shall stand automatically repealed on391
December 31 of the review year unless the rules are continued or repromulgated pursuant392
to this Code section.393
(d) In the year of review, each constitutional officer and such officer's respective agencies394
shall undertake an analysis of each of its rules and shall create a written report of the results395
of such analysis. Such analysis shall consider:396
(1) Whether the benefits sought to be achieved by the rule are being realized and are in397
compliance with current law;398
(2) Whether such benefits justify the costs of implementing and complying with the399
provisions of the rule; and400
(3) Whether there are less restrictive and less costly alternatives to accomplish the401
desired benefits or results.402
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Such analysis shall be completed not later than September 1 of the year of review. Such403
analysis shall be published by the constitutional officer on such officer's respective404
agency's public website upon its completion.405
(e) As a part of the rules analysis process, each constitutional officer and such officer's406
respective agency shall solicit public input on the impact, cost, and effectiveness of its407
rules. The public shall be notified of the opportunity to provide such input in a manner408
designed to obtain the widest possible public notification of interested parties, as well as409
by mailing such notice to all persons who have requested in writing that they be placed410
upon the mailing list maintained by each constitutional officer or such officer's respective411
agency for advance notice of its rule-making proceedings. The notice shall include a date412
by which public input shall be submitted for consideration which shall be not less than 30413
days after the date the notice is published. Such notice shall be published not later than414
March 1 of the review year. In addition, each constitutional officer and such officer's415
respective agency shall conduct at least two public hearings to receive public comment on416
its rules. Such public hearings shall be held in a manner designed to maximize public input417
and shall be completed not later than July 1 of the review year.418
(f) Constitutional officers and their respective agencies that desire to continue their rules419
in effect shall not simply repromulgate the rules and regulations without critical review of420
the necessity, effectiveness, and cost of such rules; without considering possible less421
onerous, less costly, and more effective alternatives to such rules; and without determining422
whether such rules or regulations are actually necessary.423
(g) Any rule that a constitutional officer or such officer's respective agency desires to424
continue or repromulgate shall be repromulgated in the same manner as for new rules under425
this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the426
current regulatory burden and costs of such rule and shall not increase such burden or427
costs."428
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PART III
429
SECTION 3-1.430
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code431
Section 31-6-21.1, relating to procedures for rule making by the Department of Community432
Health, by revising subsections (c) and (f) as follows:433
"(c) Any rule or part thereof to which an objection is made by both committees within the434
30 day objection period under subsection (b) of this Code section shall not be adopted by435
the department and shall be invalid if so adopted. A rule or part thereof thus prohibited436
from being adopted shall be deemed to have been withdrawn by the department unless the437
department, within the first 15 days of the next regular session of the General Assembly,438
transmits written notification to each member of the objecting committees that the439
department does not intend to withdraw that rule or part thereof but intends to adopt the440
specified rule or part effective the day
following adjournment sine die of that regular441
session. A resolution objecting to such intended adoption may be introduced in either442
branch house of the General Assembly after the fifteenth day but before the thirtieth day443
of the session in which occurs the notification of intent not to withdraw a rule or part444
thereof. In the event the resolution is adopted by the branch house of the General445
Assembly in which the resolution was introduced, it shall be immediately transmitted to446
the other branch house of the General Assembly. It shall be the duty of the presiding447
officer of the other branch house to have that branch house, within five days after receipt448
of the resolution, consider the resolution for purposes of objecting to the intended adoption449
of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote450
of each branch house of the General Assembly, the rule or part thereof objected to in that451
resolution shall be disapproved and not adopted by the department. If the resolution is452
adopted by a majority but by less than two-thirds of the vote of each such branch house,453
the resolution shall be submitted to the Governor for his or her approval or veto. In the454
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event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution
455
introduced is not approved by at least a majority of the vote of each such branch
house, the456
rule shall automatically become adopted the day following adjournment sine die of that457
regular session. In the event of the Governor's approval of the resolution, the rule shall be458
disapproved and not adopted by the department."459
"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)460
of this Code section but shall be subject to the requirements of subsection (b) of Code461
Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of462
any department emergency rules, where those emergency rules are intended to cover463
matters which had been dealt with by the department's nonemergency rules but such464
nonemergency rules have been objected to by both legislative committees under this Code465
section, the emergency rules concerning those matters may not again be adopted except for466
one 120 day period. No emergency rule or part thereof which is adopted by the department467
shall be valid unless adopted in compliance with this subsection."468
SECTION 3-2.469
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended470
in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)471
of subsection (b) as follows:472
"(3) Code Section 50-13-6, except for paragraph (2) of subsection (c)(b);"473
PART IV474
SECTION 4-1.475
(a) Except as provided for in subsection (b) of this section, this Act shall become effective476
upon its approval by the Governor or upon its becoming law without such approval.477
(b) Section 2-4 of this Act shall become effective on June 1, 2027.478
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SECTION 4-2.
479
All laws and parts of laws in conflict with this Act are repealed.480
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