25 LC 55 0474S
The Senate Committee on Economic Development and Tourism offered the following
substitute to SB 28:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 28, 31, and 50 of the Official Code of Georgia Annotated, relating to the1
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
- 1 - 25 LC 55 0474S
PART I14
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 3B21
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
- 2 - 25 LC 55 0474S
(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
- 3 - 25 LC 55 0474S
(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
- 4 - 25 LC 55 0474S
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), (e), 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
- 5 - 25 LC 55 0474S
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. If the agency determines that such cumulative implementation and compliance costs117
of a proposed rule will be less than $1 million over the initial five-year period following118
the effective date of such proposed rule, the agency shall prepare and there shall be119
included with the notice a statement explaining the agency's rationale in making such120
determination. An economic impact analysis required to be prepared by an agency and121
included in the notice of a proposed rule under this paragraph shall include the following:122
(A) An estimate, and identification when possible, of the number of individuals,123
businesses, and units of local government subject to the proposed rule;124
(B) The projected reporting, record keeping, and other administrative costs and time125
required for compliance with the proposed rule, including the types of professional126
skills necessary for preparation of any documentation, records, or reports required by127
the proposed rule;128
(C) A statement of the probable effect of the rule on impacted individuals, businesses,129
and units of local government;130
(D) Whether the proposed rule is mandated by federal law as a requirement for131
participating in or implementing a federally subsidized or assisted program and whether132
the proposed rule exceeds the requirements of such applicable federal law;133
(E) A comparison of the anticipated costs and benefits of the proposed rule;134
(F) A description of the efforts taken by the agency to minimize the cost and impact135
of the proposed rule on individuals, businesses, and units of local government in this136
state; and137
- 6 - 25 LC 55 0474S
(G) Such other provisions or information the agency deems reasonably necessary for138
the General Assembly and the public to assess the economic impact of the proposed139
rule.140
The notice shall be mailed to all persons who have requested in writing that they be141
placed upon a mailing list which shall be maintained by the agency for advance notice142
of its rule-making proceedings and who have tendered the actual cost of such mailing as143
from time to time estimated by the agency and to the Office of Planning and Budget or144
other designee of the Governor;145
(2) Afford to all interested persons reasonable opportunity to submit data, views, or146
arguments, orally or in writing. In the case of substantive rules, opportunity for oral147
hearing must be granted if requested by 25 persons who will be directly affected by the148
proposed rule, by a governmental subdivision, or by an association having not less149
than 25 members. The agency shall consider fully all written and oral submissions150
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so151
by an interested person either prior to adoption or within 30 days thereafter, shall issue152
a concise statement of the principal reasons for and against its adoption and incorporate153
therein its reason for overruling the consideration urged against its adoption;154
(3) In the formulation and adoption of any rule which will have an economic impact on155
businesses in the state, reduce the economic impact of the rule on small businesses which156
are independently owned and operated, are not dominant in their field, and157
employ 100 300 employees or less fewer by implementing one or more of the following158
actions when it is legal and feasible in meeting the stated objectives of the statutes which159
are the basis of the proposed rule:160
(A) Establish differing reduced compliance or reporting requirements or and differing161
timetables for small businesses;162
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under163
the rule for small businesses;164
- 7 - 25 LC 55 0474S
(C) Establish performance rather than design standards for small businesses; or165
(D) Exempt small businesses from any or all requirements of the rules;166
(4) In the formulation and adoption of any rule which places administrative burdens on167
charitable organizations in this state, including, but not limited to, any rule that would168
require any new or expanded filing or reporting requirements or that would limit the169
ability of charitable organizations to solicit or collect funds, the agency or official shall:170
(A) Absent the showing of a compelling state interest, not impose any annual filing or171
reporting requirements on an organization regulated or specifically exempted from172
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of173
1988,' that are more burdensome than the requirements authorized by applicable law,174
and any such filing or reporting requirements shall be narrowly tailored to achieve such175
compelling state interest. The requirements of this subparagraph shall not apply to the176
state's direct spending programs; and177
(B) Email the notice provided for in paragraph (1) of this subsection to each178
chairperson of any standing committee in each house as shown on the General179
Assembly's public website.180
For purposes of this paragraph, the term 'charitable organization' means a nonprofit181
charitable organization which is exempt from taxation under the provisions of182
Section 501(c)(3) of the United States Internal Revenue Code; and183
(5) In the formulation and adoption of any rule, an agency shall choose an alternative184
that does not impose excessive regulatory costs on any regulated person or entity which185
costs could be reduced by a less expensive alternative that fully accomplishes the stated186
objectives of the statutes which are the basis of the proposed rule.187
(b) If any agency finds that an imminent peril to the public health, safety, or welfare,188
including, but not limited to, summary processes such as quarantines, contrabands,189
seizures, and the like authorized by law without notice, requires adoption of a rule,190
including a rule that would require an economic impact analysis if adopted pursuant to191
- 8 - 25 LC 55 0474S
subsection (a) of this Code section, upon fewer than 30 days' notice and states in writing192
its reasons for that finding, it may proceed without prior notice or hearing or upon any193
abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any194
such rule adopted relative to a public health emergency shall be submitted as promptly as195
reasonably practicable to the House of Representatives and Senate Committees on196
Judiciary, provided that any such rule adopted relative to a state of emergency by the State197
Election Board shall be submitted as soon as practicable but not later than 20 days prior to198
the rule taking effect. Any emergency rule adopted by the State Election Board pursuant199
to the provisions of this subsection may be suspended upon the majority vote of the House200
of Representatives or Senate Committees on Judiciary within ten days of the receipt of such201
rule by the committees. The rule may be effective for a period of not longer than 120 days202
but adoption of an emergency rule pursuant to the provisions of this subsection shall not203
preclude the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of204
this Code section is not precluded; provided, however, that such a rule adopted pursuant205
to discharge of responsibility under an executive order declaring a state of emergency or206
disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3,207
shall be effective for the duration of the emergency or disaster and for a period of not more208
than 120 days thereafter."209
"(e)(1) The agency shall transmit the notice provided for in paragraph (1) of210
subsection (a) of this Code section to the legislative counsel. The notice shall be211
transmitted at least 30 days prior to the date of the agency's intended action.212
(2) Within three days after receipt of the notice, if possible, the legislative counsel shall213
furnish the presiding officers of each house with a copy of the notice, and, except for214
notices concerning a proposed rule for which an economic impact analysis is required215
pursuant to paragraph (1) of subsection (a) of this Code section, the presiding officers216
shall assign the notice to the chairperson of the appropriate standing committee in each217
house for review and any member thereof who makes a standing written request. In the218
- 9 - 25 LC 55 0474S
event a presiding officer is unavailable for the purpose of making the assignment within219
the time limitations, the legislative counsel shall assign the notice to the chairperson of220
the appropriate standing committee. The legislative counsel shall also transmit within the221
time limitations provided in this subsection a notice of the assignment to the chairperson222
of the appropriate standing committee. Each standing committee of the Senate and the223
House of Representatives is granted all the rights provided for interested persons and224
governmental subdivisions in paragraph (2) of subsection (a) of this Code section.225
(3) For any proposed rule that is adopted by an agency for which an economic impact226
analysis is required pursuant to paragraph (1) of subsection (a) of this Code section, it227
shall be the duty of the agency to notify the presiding officers of the Senate and the228
House of Representatives and the legislative counsel of such adoption within ten days229
after the adoption of the rule. Such rule may then be considered by the General230
Assembly as provided in paragraph (3) of subsection (f) of this Code section.231
(f)(1) In the event a standing committee to which a notice is assigned as provided in232
subsection (e) of this Code section files an objection objects to a proposed rule prior to233
its adoption and the agency adopts the proposed rule over the objection, the rule may be234
considered by the branch house of the General Assembly whose committee objected to235
its adoption by the introduction of a resolution for the purpose of overriding the rule at236
any time within the first 30 days of the next regular session of the General Assembly. It237
shall be the duty of any agency which adopts a proposed rule over such objection so to238
notify the presiding officers of the Senate and the House of Representatives, the239
chairpersons of the Senate and House committees to which the rule was referred, and the240
legislative counsel within ten days after the adoption of the rule. In the event the241
resolution is adopted by such branch house of the General Assembly, it shall be242
immediately transmitted to the other branch house of the General Assembly. It shall be243
the duty of the presiding officer of the other branch house of the General Assembly to244
have such branch house, within five days after the receipt of the resolution, to consider245
- 10 - 25 LC 55 0474S
the resolution for the purpose of overriding the rule. In the event the resolution is246
adopted by two-thirds of the votes of each branch house of the General Assembly, the247
rule shall be void on the day after the adoption of the resolution by the second branch248
house of the General Assembly. In the event the resolution is ratified by less than249
two-thirds of the votes of either branch house, the resolution shall be submitted to the250
Governor for his or her approval or veto. In the event of his or her the Governor's veto,251
or if no resolution is introduced for the purpose of overriding the rule, or if the resolution252
introduced is not approved by at least a majority of the vote of each house of the General253
Assembly, the rule shall remain in effect adopted and shall become or remain effective254
in accordance with the provisions of Code Section 50-13-6. In the event of his or her255
approval the Governor's approval of the resolution, the rule shall be void on the day after256
the date of his or her approval.257
(2) In the event each standing committee to which a notice is assigned as provided in258
subsection (e) of this Code section files an objection objects to a proposed rule prior to259
its adoption by a two-thirds' vote of the members of the committee who were voting260
members on the tenth day of the current session, after having given public notice of the261
time, place, and purpose of such vote at least 48 hours in advance, as well as the262
opportunity for members of the public, including the promulgating agency, to have a263
reasonable time to comment on the proposed committee action at the hearing, the264
effectiveness of such rule shall be stayed until the next legislative session at which time265
the rule may be considered by the General Assembly by the introduction of a resolution266
in either branch of the General Assembly for the purpose of overriding the rule at any267
time within the first 30 days of the next regular session of the General Assembly not be268
adopted by the promulgating agency and shall instead be deemed withdrawn by the269
promulgating agency unless such agency, within the first 15 days of the next regular270
session of the General Assembly, transmits written notification to the chairpersons of the271
objecting committees that such agency does not intend to withdraw such rule but instead272
- 11 - 25 LC 55 0474S
intends to adopt such rule following adjournment sine die of that regular session. Such273
notification shall include a detailed statement setting forth the basis for and necessity of274
the proposed rule, an explanation of how the adoption of the proposed rule is within the275
authority of the promulgating agency, any alternatives to the proposed rule considered276
by the promulgating agency, and the potential costs or adverse effects of the proposed277
rule, as well as the identification of those likely to bear such costs or adverse effects. A278
resolution objecting to the intended adoption of the proposed rule may be introduced in279
either house of the General Assembly after the fifteenth day but before the thirtieth day280
of the regular session in which the notice of intent not to withdraw the proposed rule was281
given by the promulgating agency in accordance with this paragraph. In the event the282
resolution is adopted by the branch house of the General Assembly in which it was283
introduced, it shall be immediately transmitted to the other branch house of the General284
Assembly. It shall be the duty of the presiding officer of the other branch house of the285
General Assembly to have such branch house, within five days after the receipt of the286
resolution, to consider the resolution for the purpose of overriding objecting to the287
intended adoption of the proposed rule. In the event the resolution is adopted by288
two-thirds of the votes of each branch house of the General Assembly, the proposed rule289
shall be void on the day after the adoption of the resolution by the second branch of the290
General Assembly shall be disapproved and shall not be adopted by the promulgating291
agency. In the event the resolution is ratified by less than two-thirds of the votes of either292
branch house, the resolution shall be submitted to the Governor for his or her approval293
or veto. In the event of his or her the Governor's veto, the rule shall remain in effect or294
if no resolution is introduced objecting to the proposed rule, or if the resolution295
introduced is not approved by at least a majority of the vote of each house of the General296
Assembly, the proposed rule shall automatically become adopted the day following297
adjournment sine die of that regular session and shall become effective in accordance298
with the provisions of Code Section 50-13-6. In the event of his or her the Governor's299
- 12 - 25 LC 55 0474S
approval of the resolution, the proposed rule shall be void on the day after the date of his300
or her approval disapproved and shall not be adopted by the promulgating agency. If301
after the thirtieth legislative day of the legislative session of which the challenged rule302
was to be considered the General Assembly has not considered an override of the303
challenged rule pursuant to this subsection, the rule shall then immediately take effect.304
(3) Any proposed rule for which an economic impact analysis is required pursuant to305
paragraph (1) of subsection (a) of this Code section that is adopted by an agency may be306
considered by either house of the General Assembly by the introduction of a resolution307
for the purpose of ratifying the rule at any time within the first 30 days of the next regular308
session of the General Assembly. In the event the resolution is adopted by a house of the309
General Assembly, it shall be immediately transmitted to the other house of the General310
Assembly. It shall be the duty of the presiding officer of the other house of the General311
Assembly to have such house, within five days after the receipt of the resolution, to312
consider the resolution for the purpose of ratifying the rule. In the event the resolution313
is adopted by two-thirds of the votes of each house of the General Assembly, the rule314
shall remain adopted and shall become effective in accordance with the provisions of315
Code Section 50-13-6. In the event the resolution is ratified by less than two-thirds of the316
votes of either house, the resolution shall be submitted to the Governor for his or her317
approval or veto. In the event of the Governor's approval of the resolution, the rule shall318
remain adopted and shall become effective in accordance with the provisions of Code319
Section 50-13-6. In the event of the Governor's veto, or if no resolution is introduced for320
the purpose of ratifying the rule, or if the resolution introduced is not approved by at least321
a majority of the vote of each house of the General Assembly, the rule shall be void and322
shall not take effect."323
- 13 - 25 LC 55 0474S
SECTION 2-3.324
Said title is further amended by revising Code Section 50-13-6, relating to rules not effective325
until 20 days after filed with the Secretary of State, maintenance of record of the rules,326
exceptions, and rules governing manner and form of filing, as follows:327
"50-13-6.328
(a)(1) Each rule adopted after July 1, 1965, shall not become effective until the329
expiration of 20 days after the rule is filed in the office of the Secretary of State Except330
for emergency rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule331
that is adopted shall not become effective unless it is filed with the office of the Secretary332
of State and such rule, if filed with the office of the Secretary of State between January 1333
and June 30 of a calendar year, shall become effective on July 1 of that year or, if filed334
with the office of the Secretary of State between July 1 and December 31 of a calendar335
year, shall become effective on January 1 of the immediately succeeding calendar year. 336
Each rule so filed shall contain a citation of the authority pursuant to which it was337
adopted and, if an amendment or repeal of an existing rule, shall clearly identify the338
original rule.339
(2) No adopted rule for which an economic impact analysis is required pursuant to340
paragraph (1) of subsection (a) of Code Section 50-13-4 shall be filed with the office of341
the Secretary of State, and such office shall not accept the filing of such rule, unless and342
until such rule is ratified in accordance with paragraph (3) of subsection (f) of Code343
Section 50-13-4. Once such rule is so ratified, it may be filed with the office of the344
Secretary of State and take effect in accordance with the provisions of paragraph (1) of345
this subsection based on the date such rule is so filed.346
(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:347
(1) Become effective immediately upon its adoption or on such later date as the348
promulgating agency may prescribe and may be effective for a period of not longer than349
120 days; provided, however, that such an emergency rule adopted pursuant to a350
- 14 - 25 LC 55 0474S
discharge of responsibility under an executive order declaring that a state of emergency351
or disaster exists as a result of a public health emergency, as defined in Code Section352
38-3-3, shall be effective for the duration of the emergency or disaster and for a period353
of not more than 120 days thereafter; and354
(2) Be filed, along with a copy of the finding as required by subsection (b) of Code355
Section 50-13-4, with the office of the Secretary of State within four days after its356
adoption.357
(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of358
filing and shall maintain a record of the rules for public inspection.359
(c) The 20 day filing period is subject to the following exceptions:360
(1) Where a statute or the terms of the rule require a date which is later than the 20 day361
period, then the later date is the effective date; and362
(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may363
become effective immediately upon adoption or within a period of less than 20 days. The364
emergency rule, with a copy of the finding as required by subsection (b) of Code365
Section 50-13-4, shall be filed with the office of the Secretary of State within four366
working days after its adoption.367
(d) The Secretary of State shall prescribe rules governing the manner and form in which368
regulations shall be prepared for filing. The Secretary may refuse to accept for filing any369
rule that does not conform to such requirements."370
SECTION 2-4.371
Said title is further amended by adding new Code sections to read as follows:372
"50-13-24.373
(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the374
Governor shall establish and publish a schedule for the review of the rules of all agencies,375
subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews376
- 15 - 25 LC 55 0474S
occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning377
and Budget or other designee of the Governor shall take into consideration the volume of378
rules that will be subject to review in any given year and the ability of the public to provide379
meaningful input into such reviews. An agency that has been through a review under this380
Code section previously and, in the intervening years since such last review, has decreased381
the number of its rules by 10 percent or more shall be exempt from review under this Code382
section during that cycle.383
(b) The Office of Planning and Budget or other designee of the Governor shall notify in384
December of the immediately preceding year each agency whose rules are subject to385
review in a given calendar year of the upcoming review period. All rules of an agency that386
are scheduled for review under this Code section shall stand automatically repealed on387
December 31 of the review year unless the rules are continued or repromulgated pursuant388
to this Code section.389
(c) In the year of review, each agency shall undertake an analysis of each of its rules and390
shall create a written report of the results of such analysis. Such analysis shall consider:391
(1) Whether the benefits sought to be achieved by the rule are being realized and are in392
compliance with current law;393
(2) Whether such benefits justify the costs of implementing and complying with the394
provisions of the rule; and395
(3) Whether there are less restrictive and less costly alternatives to accomplish the396
desired benefits or results.397
The Office of Planning and Budget or other designee of the Governor shall develop and398
provide to each agency a standardized process and forms for such analysis and shall make399
such process and forms available on the Office of Planning and Budget's public website not400
later than October 1, 2027. Such analysis shall be completed not later than September 1401
of the year of review. Such analysis shall be published on the agency's public website upon402
- 16 - 25 LC 55 0474S
its completion and shall be submitted to the Office of Planning and Budget or other403
designee of the Governor for review.404
(d) As a part of the rules analysis process, each agency shall solicit public input on the405
impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity406
to provide such input in a manner designed to obtain the widest possible public notification407
of interested parties, as well as by mailing such notice to all persons who have requested408
in writing that they be placed upon the mailing list maintained by the agency for advance409
notice of its rule-making proceedings. The notice shall include a date by which public410
input shall be submitted for consideration which shall be not less than 30 days after the date411
the notice is published. Such notice shall be published not later than March 1 of the review412
year. In addition, the agency shall conduct at least two public hearings to receive public413
comment on its rules. Such public hearings shall be held in a manner designed to414
maximize public input and shall be completed not later than July 1 of the review year.415
(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the416
rules and regulations without critical review of the necessity, effectiveness, and cost of417
such rules; without considering possible less onerous, less costly, and more effective418
alternatives to such rules; and without determining whether such rules or regulations are419
actually necessary.420
(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in421
the same manner as for new rules under this chapter. Any continuation or repromulgation422
of a rule shall reduce or maintain the current regulatory burden and costs of such rule and423
shall not increase such burden or costs.424
(g) The provisions of this Code section shall not apply to constitutional officers or their425
respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.426
50-13-25.427
(a) As used in this Code section, the term:428
- 17 - 25 LC 55 0474S
(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the429
Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of430
Labor, the commissioners of the Public Service Commission, and the State School431
Superintendent.432
(2) 'Respective agency' means:433
(A) With respect to the Attorney General, the Department of Law;434
(B) With respect to the Secretary of State, the office of the Secretary of State;435
(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;436
(D) With respect to the Commissioner of Insurance, the Department of Insurance;437
(E) With respect to the Commissioner of Labor, the Department of Labor;438
(F) With respect to the commissioners of the Public Service Commission, the Public439
Service Commission; and440
(G) With respect to the State School Superintendent, the Department of Education.441
(b) All constitutional officers shall, subject to the provisions of this chapter, review all of442
the rules promulgated by such constitutional officers, their predecessors, or their respective443
agencies that are in effect every four years, with the first year of review being the 2028444
calendar year. In subsequent review years after 2028, each constitutional officer and such445
officer's respective agency that has, in the intervening years since such last review,446
decreased the number of its rules by 10 percent or more shall be exempt from review under447
this Code section during that year of review.448
(c) All rules of a constitutional officer and such officer's respective agency that are449
scheduled for review under this Code section shall stand automatically repealed on450
December 31 of the review year unless the rules are continued or repromulgated pursuant451
to this Code section.452
(d) In the year of review, each constitutional officer and such officer's respective agencies453
shall undertake an analysis of each of its rules and shall create a written report of the results454
of such analysis. Such analysis shall consider:455
- 18 - 25 LC 55 0474S
(1) Whether the benefits sought to be achieved by the rule are being realized and are in456
compliance with current law;457
(2) Whether such benefits justify the costs of implementing and complying with the458
provisions of the rule; and459
(3) Whether there are less restrictive and less costly alternatives to accomplish the460
desired benefits or results.461
Such analysis shall be completed not later than September 1 of the year of review. Such462
analysis shall be published by the constitutional officer on such officer's respective463
agency's public website upon its completion.464
(e) As a part of the rules analysis process, each constitutional officer and such officer's465
respective agency shall solicit public input on the impact, cost, and effectiveness of its466
rules. The public shall be notified of the opportunity to provide such input in a manner467
designed to obtain the widest possible public notification of interested parties, as well as468
by mailing such notice to all persons who have requested in writing that they be placed469
upon the mailing list maintained by each constitutional officer or such officer's respective470
agency for advance notice of its rule-making proceedings. The notice shall include a date471
by which public input shall be submitted for consideration which shall be not less than 30472
days after the date the notice is published. Such notice shall be published not later than473
March 1 of the review year. In addition, each constitutional officer and such officer's474
respective agency shall conduct at least two public hearings to receive public comment on475
its rules. Such public hearings shall be held in a manner designed to maximize public input476
and shall be completed not later than July 1 of the review year.477
(f) Constitutional officers and their respective agencies that desire to continue their rules478
in effect shall not simply repromulgate the rules and regulations without critical review of479
the necessity, effectiveness, and cost of such rules; without considering possible less480
onerous, less costly, and more effective alternatives to such rules; and without determining481
whether such rules or regulations are actually necessary.482
- 19 - 25 LC 55 0474S
(g) Any rule that a constitutional officer or such officer's respective agency desires to483
continue or repromulgate shall be repromulgated in the same manner as for new rules under484
this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the485
current regulatory burden and costs of such rule and shall not increase such burden or486
costs."487
PART III488
SECTION 3-1.489
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code490
Section 31-6-21.1, relating to procedures for rule making by the Department of Community491
Health, by revising subsections (c) and (f) as follows:492
"(c) Any rule or part thereof to which an objection is made by both committees within the493
30 day objection period under subsection (b) of this Code section shall not be adopted by494
the department and shall be invalid if so adopted. A rule or part thereof thus prohibited495
from being adopted shall be deemed to have been withdrawn by the department unless the496
department, within the first 15 days of the next regular session of the General Assembly,497
transmits written notification to each member of the objecting committees that the498
department does not intend to withdraw that rule or part thereof but intends to adopt the499
specified rule or part effective the day following adjournment sine die of that regular500
session. A resolution objecting to such intended adoption may be introduced in either501
branch house of the General Assembly after the fifteenth day but before the thirtieth day502
of the session in which occurs the notification of intent not to withdraw a rule or part503
thereof. In the event the resolution is adopted by the branch house of the General504
Assembly in which the resolution was introduced, it shall be immediately transmitted to505
the other branch house of the General Assembly. It shall be the duty of the presiding506
officer of the other branch house to have that branch house, within five days after receipt507
- 20 - 25 LC 55 0474S
of the resolution, consider the resolution for purposes of objecting to the intended adoption508
of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote509
of each branch house of the General Assembly, the rule or part thereof objected to in that510
resolution shall be disapproved and not adopted by the department. If the resolution is511
adopted by a majority but by less than two-thirds of the vote of each such branch house,512
the resolution shall be submitted to the Governor for his or her approval or veto. In the513
event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution514
introduced is not approved by at least a majority of the vote of each such branch house, the515
rule shall automatically become adopted the day following adjournment sine die of that516
regular session. In the event of the Governor's approval of the resolution, the rule shall be517
disapproved and not adopted by the department."518
"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)519
of this Code section but shall be subject to the requirements of subsection (b) of Code520
Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of521
any department emergency rules, where those emergency rules are intended to cover522
matters which had been dealt with by the department's nonemergency rules but such523
nonemergency rules have been objected to by both legislative committees under this Code524
section, the emergency rules concerning those matters may not again be adopted except for525
one 120 day period. No emergency rule or part thereof which is adopted by the department526
shall be valid unless adopted in compliance with this subsection."527
SECTION 3-2.528
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended529
in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)530
of subsection (b) as follows:531
"(3) Code Section 50-13-6, except for paragraph (2) of subsection (c)(b);"532
- 21 - 25 LC 55 0474S
PART IV533
SECTION 4-1.534
(a) Except as provided for in subsection (b) of this section, this Act shall become effective535
upon its approval by the Governor or upon its becoming law without such approval.536
(b) Section 2-4 of this Act shall become effective on June 1, 2027.537
SECTION 4-2.538
All laws and parts of laws in conflict with this Act are repealed.539
- 22 -