25 SB 28/CSFA
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
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Titles 28, 31, and 50 of the Official Code of Georgia Annotated, relating to the
1
General Assembly, health, and state government, respectively, so as to provide for2
procedures and processes concerning the enactment of legislation and the adoption of rules3
and regulations; to provide definitions; to provide for the preparation and submission of4
small business impact analyses for bills introduced during sessions of the General Assembly;5
to provide for contracting; to provide for the revision of small business impact analyses; to6
provide for legislative construction; to revise procedures concerning the adoption of7
administrative rules; to revise procedures within the General Assembly concerning objections8
to proposed administrative rules; to provide for effective dates for adopted administrative9
rules; to provide for periodic review and sunset of administrative rules; to conform10
cross-references; to provide for related matters; to provide a short title; to provide 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; provided, however, that no member of the General29
Assembly who is not the Speaker of the House of Representatives or the chairperson of a30
standing committee shall be permitted to request a small business impact analysis for more31
than three bills during any one period that the General Assembly is not in session. 32
Following the convening of a session of the General Assembly, a small business impact33
analysis for a bill may only be requested by the Governor, the President of the Senate, the34
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Speaker of the House of Representatives, or the chairperson of a committee to which such35
bill has been assigned. A small business impact analysis shall estimate the economic costs36
and benefits that such bill may have on small businesses in the state and shall include, if37
any, the estimated impacts on:38
(1) The costs of providing goods and services;39
(2) The availability and cost of workers;40
(3) Industry competition or consumer choice; and41
(4) Potential costs of compliance.42
(b) A small business impact analysis requested pursuant to subsection (a) of this Code43
section shall be prepared and submitted by the director of the Office of Planning and44
Budget and the state auditor within 30 days after receipt of the request or, if requested45
during a session of the General Assembly, within ten days after receipt of such request. A46
copy of the small business impact analysis shall be submitted to:47
(1) The Governor;48
(2) The President of the Senate;49
(3) The Speaker of the House of Representatives;50
(4) The chairperson of the committee to which the bill that is the subject of the small51
business impact analysis is assigned in the house of the General Assembly in which the52
bill was introduced;53
(5) The sponsor of the bill that is the subject of the small business impact analysis;54
(6) The individual who requested the small business impact analysis, if such individual55
is not listed in paragraphs (1) through (5) of this subsection;56
(7) The Secretary of the Senate; and57
(8) The Clerk of the House of Representatives.58
(c)(1) If a bill that is the subject of a small business impact analysis prepared pursuant59
to subsection (a) of this Code section is amended or is proposed to be amended, the60
Office of Planning and Budget and the Department of Audits and Accounts shall revise61
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such small business impact analysis to account for the amended version of such bill upon62
the request of:63
(A) The Governor, the President of the Senate, or any member of the General64
Assembly, if such request is made prior to the convening of a session of the General65
Assembly; or66
(B) The Governor, the President of the Senate, the Speaker of the House of67
Representatives, or the chairperson of a committee to which such bill has been68
assigned, if such request is made after the convening of a session of the General69
Assembly.70
(2) A revised small business impact analysis requested pursuant to paragraph (1) of this71
subsection shall be prepared and submitted by the director of the Office of Planning and72
Budget and the state auditor in the same manner as the original small business impact73
analysis pursuant to subsection (b) of this Code section.74
(d)(1) The Office of Planning and Budget and the Department of Audits and Accounts75
may contract with a person or persons independent of state government to prepare any76
small business impact analysis or revised small business impact analysis requested77
pursuant to this Code section.78
(2) When preparing a small business impact analysis or revised small business impact79
analysis requested pursuant to this Code section, the Office of Planning and Budget, the80
Department of Audits and Accounts, and any person or persons contracted with under81
paragraph (1) of this subsection may consult with other units of state government, units82
of local government, and business, industry, and community stakeholders impacted by83
or having an interest in the bill that is the subject of such small business impact analysis.84
(e) Any small business impact analysis or revised small business impact analysis prepared85
for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the86
Senate or the Clerk of the House of Representatives and shall be read to the members of87
each respective house of the General Assembly at the third reading of such bill. In88
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addition, a copy of each small business impact analysis or revised small business impact89
analysis prepared for a bill pursuant to this Code section shall be distributed to each90
member of the respective house of the General Assembly before which such bill is pending91
prior to any such bill being voted upon by such house of the General Assembly.92
28-5-59.93
Nothing in this article shall be construed to require any degree of formality of proof of94
compliance with any requirement of this article, and any enrolled bill shall be conclusively95
presumed to have been enacted in compliance with the requirements of this article."96
SECTION 2-2.97
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended98
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or99
repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,100
by revising subsections (a), (b), (e), and (f) as follows:101
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules102
or general statements of policy, the agency shall consider the economic impact of the103
proposed rule and shall:104
(1) Give at least 30 days' notice of its intended action. The notice shall include an exact105
copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be106
distributed with and in the same manner as the proposed rule. The synopsis shall contain107
a statement of the purpose and the main features of the proposed rule, and, in the case of108
a proposed amendatory rule, the synopsis also shall indicate the differences between the109
existing rule and the proposed rule. The notice shall also include the exact date on which110
the agency shall consider the adoption of the proposed rule and shall include the time and111
place in order that interested persons may present their views thereon. The notice shall112
also contain a citation of the authority pursuant to which the rule is proposed for adoption113
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and, if the proposal is an amendment or repeal of an existing rule, the existing rule shall114
be clearly identified. For any proposed rule for which the agency reasonably anticipates115
that $1 million or more in cumulative implementation and compliance costs are116
reasonably expected to be incurred by or passed along to individuals, businesses, and117
units of local government as the result of the proposed rule over the initial five-year118
period following the effective date of such proposed rule, the agency shall prepare and119
there shall be included with the notice an economic analysis of the impact of the proposed120
rule. If the agency determines that such cumulative implementation and compliance costs121
of a proposed rule will be less than $1 million over the initial five-year period following122
the effective date of such proposed rule, the agency shall prepare and there shall be123
included with the notice a statement explaining the agency's rationale in making such124
determination. An economic impact analysis required to be prepared by an agency and125
included in the notice of a proposed rule under this paragraph shall include the following:126
(A) An estimate, and identification when possible, of the number of individuals,127
businesses, and units of local government subject to the proposed rule;128
(B) The projected reporting, record keeping, and other administrative costs and time129
required for compliance with the proposed rule, including the types of professional130
skills necessary for preparation of any documentation, records, or reports required by131
the proposed rule;132
(C) A statement of the probable effect of the rule on impacted individuals, businesses,133
and units of local government;134
(D) Whether the proposed rule is mandated by federal law as a requirement for135
participating in or implementing a federally subsidized or assisted program and whether136
the proposed rule exceeds the requirements of such applicable federal law;137
(E) A comparison of the anticipated costs and benefits of the proposed rule;138
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(F) A description of the efforts taken by the agency to minimize the cost and impact139
of the proposed rule on individuals, businesses, and units of local government in this140
state; and141
(G) Such other provisions or information the agency deems reasonably necessary for142
the General Assembly and the public to assess the economic impact of the proposed143
rule.144
The notice shall be mailed to all persons who have requested in writing that they be145
placed upon a mailing list which shall be maintained by the agency for advance notice146
of its rule-making proceedings and who have tendered the actual cost of such mailing as147
from time to time estimated by the agency and to the Office of Planning and Budget or148
other designee of the Governor;149
(2) Afford to all interested persons reasonable opportunity to submit data, views, or150
arguments, orally or in writing. In the case of substantive rules, opportunity for oral151
hearing must be granted if requested by 25 persons who will be directly affected by the152
proposed rule, by a governmental subdivision, or by an association having not less153
than 25 members. The agency shall consider fully all written and oral submissions154
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so155
by an interested person either prior to adoption or within 30 days thereafter, shall issue156
a concise statement of the principal reasons for and against its adoption and incorporate157
therein its reason for overruling the consideration urged against its adoption;158
(3) In the formulation and adoption of any rule which will have an economic impact on159
businesses in the state, reduce the economic impact of the rule on small businesses which160
are independently owned and operated, are not dominant in their field, and161
employ 100 300 employees or less fewer by implementing one or more of the following162
actions when it is legal and feasible in meeting the stated objectives of the statutes which163
are the basis of the proposed rule:164
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(A) Establish differing reduced compliance or reporting requirements or and differing165
timetables for small businesses;166
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under167
the rule for small businesses;168
(C) Establish performance rather than design standards for small businesses; or169
(D) Exempt small businesses from any or all requirements of the rules;170
(4) In the formulation and adoption of any rule which places administrative burdens on171
charitable organizations in this state, including, but not limited to, any rule that would172
require any new or expanded filing or reporting requirements or that would limit the173
ability of charitable organizations to solicit or collect funds, the agency or official shall:174
(A) Absent the showing of a compelling state interest, not impose any annual filing or175
reporting requirements on an organization regulated or specifically exempted from176
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of177
1988,' that are more burdensome than the requirements authorized by applicable law,178
and any such filing or reporting requirements shall be narrowly tailored to achieve such179
compelling state interest. The requirements of this subparagraph shall not apply to the180
state's direct spending programs; and181
(B) Email the notice provided for in paragraph (1) of this subsection to each182
chairperson of any standing committee in each house as shown on the General183
Assembly's public website.184
For purposes of this paragraph, the term 'charitable organization' means a nonprofit185
charitable organization which is exempt from taxation under the provisions of186
Section 501(c)(3) of the United States Internal Revenue Code; and187
(5) In the formulation and adoption of any rule, an agency shall choose an alternative188
that does not impose excessive regulatory costs on any regulated person or entity which189
costs could be reduced by a less expensive alternative that fully accomplishes the stated190
objectives of the statutes which are the basis of the proposed rule.191
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(b) If any agency finds that an imminent peril to the public health, safety, or welfare,
192
including,
but not limited to, summary processes such as quarantines, contrabands,193
seizures, and the like authorized by law without notice, requires adoption of a rule,194
including a rule that would require an economic impact analysis if adopted pursuant to195
subsection (a) of this Code section, upon fewer than 30 days' notice and states in writing196
its reasons for that finding, it may proceed without prior notice or hearing or upon any197
abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any198
such rule adopted relative to a public health emergency shall be submitted as promptly as199
reasonably practicable to the House of Representatives and Senate Committees on200
Judiciary, provided that any such rule adopted relative to a state of emergency by the State201
Election Board shall be submitted as soon as practicable but not later than 20 days prior to202
the rule taking effect. Any emergency rule adopted by the State Election Board pursuant203
to the provisions of this subsection may be suspended upon the majority vote of the House204
of Representatives or Senate Committees on Judiciary within ten days of the receipt of such205
rule by the committees. The rule may be effective for a period of not longer than 120 days206
but adoption of an emergency rule pursuant to the provisions of this subsection shall not207
preclude the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of208
this Code section is not precluded; provided, however, that such a rule adopted pursuant209
to discharge of responsibility under an executive order declaring a state of emergency or210
disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3,211
shall be effective for the duration of the emergency or disaster and for a period of not more212
than 120 days thereafter."213
"(e)(1) The agency shall transmit the notice provided for in paragraph (1) of214
subsection (a) of this Code section to the legislative counsel. The notice shall be215
transmitted at least 30 days prior to the date of the agency's intended action.216
(2) Within three days after receipt of the notice, if possible, the legislative counsel shall217
furnish the presiding officers of each house with a copy of the notice, and, except for218
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notices concerning a proposed rule for which an economic impact analysis is required219
pursuant to paragraph (1) of subsection (a) of this Code section, the presiding officers220
shall assign the notice to the chairperson of the appropriate standing committee in each221
house for review and any member thereof who makes a standing written request. In the222
event a presiding officer is unavailable for the purpose of making the assignment within223
the time limitations, the legislative counsel shall assign the notice to the chairperson of224
the appropriate standing committee. The legislative counsel shall also transmit within the225
time limitations provided in this subsection a notice of the assignment to the chairperson226
of the appropriate standing committee. Each standing committee of the Senate and the227
House of Representatives is granted all the rights provided for interested persons and228
governmental subdivisions in paragraph (2) of subsection (a) of this Code section.229
(3) For any proposed rule that is adopted by an agency for which an economic impact230
analysis is required pursuant to paragraph (1) of subsection (a) of this Code section, it231
shall be the duty of the agency to notify the presiding officers of the Senate and the232
House of Representatives and the legislative counsel of such adoption within ten days233
after the adoption of the rule. Such rule may then be considered by the General234
Assembly as provided in paragraph (3) of subsection (f) of this Code section.235
(f)(1) In the event a standing committee to which a notice is assigned as provided in236
subsection (e) of this Code section files an objection objects to a proposed rule prior to237
its adoption and the agency adopts the proposed rule over the objection, the rule may be238
considered by the branch house of the General Assembly whose committee objected to239
its adoption by the introduction of a resolution for the purpose of overriding the rule at240
any time within the first 30 days of the next regular session of the General Assembly. It241
shall be the duty of any agency which adopts a proposed rule over such objection so to242
notify the presiding officers of the Senate and the House of Representatives, the243
chairpersons of the Senate and House committees to which the rule was referred, and the244
legislative counsel within ten days after the adoption of the rule. In the event the245
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resolution is adopted by such branch house of the General Assembly, it shall be246
immediately transmitted to the other branch house of the General Assembly. It shall be247
the duty of the presiding officer of the other branch house of the General Assembly to248
have such branch house, within five days after the receipt of the resolution, to consider249
the resolution for the purpose of overriding the rule. In the event the resolution is250
adopted by two-thirds of the votes of each branch house of the General Assembly, the251
rule shall be void on the day after the adoption of the resolution by the second branch252
house of the General Assembly. In the event the resolution is ratified by less than253
two-thirds of the votes of either branch house, the resolution shall be submitted to the254
Governor for his or her approval or veto. In the event of his or her the Governor's veto,255
or if no resolution is introduced for the purpose of overriding the rule, or if the resolution256
introduced is not approved by at least a majority of the vote of each house of the General257
Assembly, the rule shall remain in effect adopted and shall become or remain effective258
in accordance with the provisions of Code Section 50-13-6. In the event of his or her259
approval the Governor's approval of the resolution, the rule shall be void on the day after260
the date of his or her approval.261
(2) In the event each standing committee to which a notice is assigned as provided in262
subsection (e) of this Code section files an objection objects to a proposed rule prior to263
its adoption by a two-thirds' vote of the members of the committee who were voting264
members on the tenth day of the current session, after having given public notice of the265
time, place, and purpose of such vote at least 48 hours in advance, as well as the266
opportunity for members of the public, including the promulgating agency, to have a267
reasonable time to comment on the proposed committee action at the hearing, the268
effectiveness of such rule shall be stayed until the next legislative session at which time269
the rule may be considered by the General Assembly by the introduction of a resolution270
in either branch of the General Assembly for the purpose of overriding the rule at any271
time within the first 30 days of the next regular session of the General Assembly not be272
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adopted by the promulgating agency and shall instead be deemed withdrawn by the273
promulgating agency unless such agency, within the first 15 days of the next regular274
session of the General Assembly, transmits written notification to the chairpersons of the275
objecting committees that such agency does not intend to withdraw such rule but instead276
intends to adopt such rule following adjournment sine die of that regular session. Such277
notification shall include a detailed statement setting forth the basis for and necessity of278
the proposed rule, an explanation of how the adoption of the proposed rule is within the279
authority of the promulgating agency, any alternatives to the proposed rule considered280
by the promulgating agency, and the potential costs or adverse effects of the proposed281
rule, as well as the identification of those likely to bear such costs or adverse effects. A282
resolution objecting to the intended adoption of the proposed rule may be introduced in283
either house of the General Assembly after the fifteenth day but before the thirtieth day284
of the regular session in which the notice of intent not to withdraw the proposed rule was285
given by the promulgating agency in accordance with this paragraph. In the event the286
resolution is adopted by the branch house of the General Assembly in which it was287
introduced, it shall be immediately transmitted to the other branch house of the General288
Assembly. It shall be the duty of the presiding officer of the other branch house of the289
General Assembly to have such branch house, within five days after the receipt of the290
resolution, to consider the resolution for the purpose of overriding objecting to the291
intended adoption of the proposed rule. In the event the resolution is adopted by292
two-thirds of the votes of each branch house of the General Assembly, the proposed rule293
shall be void on the day after the adoption of the resolution by the second branch of the294
General Assembly shall be disapproved and shall not be adopted by the promulgating295
agency. In the event the resolution is ratified by less than two-thirds of the votes of either296
branch house, the resolution shall be submitted to the Governor for his or her approval297
or veto. In the event of his or her the Governor's veto, the rule shall remain in effect or298
if no resolution is introduced objecting to the proposed rule, or if the resolution299
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introduced is not approved by at least a majority of the vote of each house of the General300
Assembly, the proposed rule shall automatically become adopted the day following301
adjournment sine die of that regular session and shall become effective in accordance302
with the provisions of Code Section 50-13-6. In the event of his or her the Governor's303
approval of the resolution, the proposed rule shall be void on the day after the date of his304
or her approval disapproved and shall not be adopted by the promulgating agency. If305
after the thirtieth legislative day of the legislative session of which the challenged rule306
was to be considered the General Assembly has not considered an override of the307
challenged rule pursuant to this subsection, the rule shall then immediately take effect.308
(3) Any proposed rule for which an economic impact analysis is required pursuant to309
paragraph (1) of subsection (a) of this Code section that is adopted by an agency may be310
considered by either house of the General Assembly by the introduction of a resolution311
for the purpose of ratifying the rule at any time within the first 30 days of the next regular312
session of the General Assembly. In the event the resolution is adopted by a house of the313
General Assembly, it shall be immediately transmitted to the other house of the General314
Assembly. It shall be the duty of the presiding officer of the other house of the General315
Assembly to have such house, within five days after the receipt of the resolution, to316
consider the resolution for the purpose of ratifying the rule. In the event the resolution317
is adopted by two-thirds of the votes of each house of the General Assembly, the rule318
shall remain adopted and shall become effective in accordance with the provisions of319
Code Section 50-13-6. In the event the resolution is ratified by less than two-thirds of the320
votes of either house, the resolution shall be submitted to the Governor for his or her321
approval or veto. In the event of the Governor's approval of the resolution, the rule shall322
remain adopted and shall become effective in accordance with the provisions of Code323
Section 50-13-6. In the event of the Governor's veto, or if no resolution is introduced for324
the purpose of ratifying the rule, or if the resolution introduced is not approved by at least325
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a majority of the vote of each house of the General Assembly, the rule shall be void and326
shall not take effect."327
SECTION 2-3.328
Said title is further amended by revising Code Section 50-13-6, relating to rules not effective329
until 20 days after filed with the Secretary of State, maintenance of record of the rules,330
exceptions, and rules governing manner and form of filing, as follows:331
"50-13-6.332
(a)(1) Each rule adopted after July 1, 1965, shall not become effective until the333
expiration of 20 days after the rule is filed in the office of the Secretary of State Except334
for emergency rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule335
that is adopted shall not become effective unless it is filed with the office of the Secretary336
of State and such rule, if filed with the office of the Secretary of State between January 1337
and June 30 of a calendar year, shall become effective on July 1 of that year or, if filed338
with the office of the Secretary of State between July 1 and December 31 of a calendar339
year, shall become effective on January 1 of the immediately succeeding calendar year. 340
Each rule so filed shall contain a citation of the authority pursuant to which it was341
adopted and, if an amendment or repeal of an existing rule, shall clearly identify the342
original rule.343
(2) No adopted rule for which an economic impact analysis is required pursuant to344
paragraph (1) of subsection (a) of Code Section 50-13-4 shall be filed with the office of345
the Secretary of State, and such office shall not accept the filing of such rule, unless and346
until such rule is ratified in accordance with paragraph (3) of subsection (f) of Code347
Section 50-13-4. Once such rule is so ratified, it may be filed with the office of the348
Secretary of State and take effect in accordance with the provisions of paragraph (1) of349
this subsection based on the date such rule is so filed.350
(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:351
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(1) Become effective immediately upon its adoption or on such later date as the352
promulgating agency may prescribe and may be effective for a period of not longer than353
120 days; provided, however, that such an emergency rule adopted pursuant to a354
discharge of responsibility under an executive order declaring that a state of emergency355
or disaster exists as a result of a public health emergency, as defined in Code Section356
38-3-3, shall be effective for the duration of the emergency or disaster and for a period357
of not more than 120 days thereafter; and358
(2) Be filed, along with a copy of the finding as required by subsection (b) of Code359
Section 50-13-4, with the office of the Secretary of State within four days after its360
adoption.361
(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of362
filing and shall maintain a record of the rules for public inspection.363
(c) The 20 day filing period is subject to the following exceptions:364
(1) Where a statute or the terms of the rule require a date which is later than the 20 day365
period, then the later date is the effective date; and366
(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may367
become effective immediately upon adoption or within a period of less than 20 days. The368
emergency rule, with a copy of the finding as required by subsection (b) of Code369
Section 50-13-4, shall be filed with the office of the Secretary of State within four370
working days after its adoption.371
(d) The Secretary of State shall prescribe rules governing the manner and form in which372
regulations shall be prepared for filing. The Secretary may refuse to accept for filing any373
rule that does not conform to such requirements."374
SECTION 2-4.375
Said title is further amended by adding new Code sections to read as follows:376
"50-13-24.377
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(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the378
Governor shall establish and publish a schedule for the review of the rules of all agencies,379
subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews380
occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning381
and Budget or other designee of the Governor shall take into consideration the volume of382
rules that will be subject to review in any given year and the ability of the public to provide383
meaningful input into such reviews. An agency that has been through a review under this384
Code section previously and, in the intervening years since such last review, has decreased385
the number of its rules by 10 percent or more shall be exempt from review under this Code386
section during that cycle.387
(b) The Office of Planning and Budget or other designee of the Governor shall notify in388
December of the immediately preceding year each agency whose rules are subject to389
review in a given calendar year of the upcoming review period. All rules of an agency that390
are 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
(c) In the year of review, each agency shall undertake an analysis of each of its rules and394
shall create a written report of the results of such analysis. Such analysis shall consider:395
(1) Whether the benefits sought to be achieved by the rule are being realized and are in396
compliance with current law;397
(2) Whether such benefits justify the costs of implementing and complying with the398
provisions of the rule; and399
(3) Whether there are less restrictive and less costly alternatives to accomplish the400
desired benefits or results.401
The Office of Planning and Budget or other designee of the Governor shall develop and402
provide to each agency a standardized process and forms for such analysis and shall make403
such process and forms available on the Office of Planning and Budget's public website not404
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later than October 1, 2027. Such analysis shall be completed not later than September 1405
of the year of review. Such analysis shall be published on the agency's public website upon406
its completion and shall be submitted to the Office of Planning and Budget or other407
designee of the Governor for review.408
(d) As a part of the rules analysis process, each agency shall solicit public input on the409
impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity410
to provide such input in a manner designed to obtain the widest possible public notification411
of interested parties, as well as by mailing such notice to all persons who have requested412
in writing that they be placed upon the mailing list maintained by the agency for advance413
notice of its rule-making proceedings. The notice shall include a date by which public414
input shall be submitted for consideration which shall be not less than 30 days after the date415
the notice is published. Such notice shall be published not later than March 1 of the review416
year. In addition, the agency shall conduct at least two public hearings to receive public417
comment on its rules. Such public hearings shall be held in a manner designed to418
maximize public input and shall be completed not later than July 1 of the review year.419
(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the420
rules and regulations without critical review of the necessity, effectiveness, and cost of421
such rules; without considering possible less onerous, less costly, and more effective422
alternatives to such rules; and without determining whether such rules or regulations are423
actually necessary.424
(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in425
the same manner as for new rules under this chapter. Any continuation or repromulgation426
of a rule shall reduce or maintain the current regulatory burden and costs of such rule and427
shall not increase such burden or costs.428
(g) The provisions of this Code section shall not apply to constitutional officers or their429
respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.430
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50-13-25.431
(a) As used in this Code section, the term:432
(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the433
Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of434
Labor, the commissioners of the Public Service Commission, and the State School435
Superintendent.436
(2) 'Respective agency' means:437
(A) With respect to the Attorney General, the Department of Law;438
(B) With respect to the Secretary of State, the office of the Secretary of State;439
(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;440
(D) With respect to the Commissioner of Insurance, the Department of Insurance;441
(E) With respect to the Commissioner of Labor, the Department of Labor;442
(F) With respect to the commissioners of the Public Service Commission, the Public443
Service Commission; and444
(G) With respect to the State School Superintendent, the Department of Education.445
(b) All constitutional officers shall, subject to the provisions of this chapter, review all of446
the rules promulgated by such constitutional officers, their predecessors, or their respective447
agencies that are in effect every four years, with the first year of review being the 2028448
calendar year. In subsequent review years after 2028, each constitutional officer and such449
officer's respective agency that has, in the intervening years since such last review,450
decreased the number of its rules by 10 percent or more shall be exempt from review under451
this Code section during that year of review.452
(c) All rules of a constitutional officer and such officer's respective agency that are453
scheduled for review under this Code section shall stand automatically repealed on454
December 31 of the review year unless the rules are continued or repromulgated pursuant455
to this Code section.456
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(d) In the year of review, each constitutional officer and such officer's respective agencies457
shall undertake an analysis of each of its rules and shall create a written report of the results458
of such analysis. Such analysis shall consider:459
(1) Whether the benefits sought to be achieved by the rule are being realized and are in460
compliance with current law;461
(2) Whether such benefits justify the costs of implementing and complying with the462
provisions of the rule; and463
(3) Whether there are less restrictive and less costly alternatives to accomplish the464
desired benefits or results.465
Such analysis shall be completed not later than September 1 of the year of review. Such466
analysis shall be published by the constitutional officer on such officer's respective467
agency's public website upon its completion.468
(e) As a part of the rules analysis process, each constitutional officer and such officer's469
respective agency shall solicit public input on the impact, cost, and effectiveness of its470
rules. The public shall be notified of the opportunity to provide such input in a manner471
designed to obtain the widest possible public notification of interested parties, as well as472
by mailing such notice to all persons who have requested in writing that they be placed473
upon the mailing list maintained by each constitutional officer or such officer's respective474
agency for advance notice of its rule-making proceedings. The notice shall include a date475
by which public input shall be submitted for consideration which shall be not less than 30476
days after the date the notice is published. Such notice shall be published not later than477
March 1 of the review year. In addition, each constitutional officer and such officer's478
respective agency shall conduct at least two public hearings to receive public comment on479
its rules. Such public hearings shall be held in a manner designed to maximize public input480
and shall be completed not later than July 1 of the review year.481
(f) Constitutional officers and their respective agencies that desire to continue their rules482
in effect shall not simply repromulgate the rules and regulations without critical review of483
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the necessity, effectiveness, and cost of such rules; without considering possible less484
onerous, less costly, and more effective alternatives to such rules; and without determining485
whether such rules or regulations are actually necessary.486
(g) Any rule that a constitutional officer or such officer's respective agency desires to487
continue or repromulgate shall be repromulgated in the same manner as for new rules under488
this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the489
current regulatory burden and costs of such rule and shall not increase such burden or490
costs."491
PART III492
SECTION 3-1.493
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code494
Section 31-6-21.1, relating to procedures for rule making by the Department of Community495
Health, by revising subsections (c) and (f) as follows:496
"(c) Any rule or part thereof to which an objection is made by both committees within the497
30 day objection period under subsection (b) of this Code section shall not be adopted by498
the department and shall be invalid if so adopted. A rule or part thereof thus prohibited499
from being adopted shall be deemed to have been withdrawn by the department unless the500
department, within the first 15 days of the next regular session of the General Assembly,501
transmits written notification to each member of the objecting committees that the502
department does not intend to withdraw that rule or part thereof but intends to adopt the503
specified rule or part effective the day following adjournment sine die of that regular504
session. A resolution objecting to such intended adoption may be introduced in either505
branch house of the General Assembly after the fifteenth day but before the thirtieth day506
of the session in which occurs the notification of intent not to withdraw a rule or part507
thereof. In the event the resolution is adopted by the branch house of the General508
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Assembly in which the resolution was introduced, it shall be immediately transmitted to
509
the other branch
house of the General Assembly. It shall be the duty of the presiding510
officer of the other branch house to have that branch house, within five days after receipt511
of the resolution, consider the resolution for purposes of objecting to the intended adoption512
of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote513
of each branch house of the General Assembly, the rule or part thereof objected to in that514
resolution shall be disapproved and not adopted by the department. If the resolution is515
adopted by a majority but by less than two-thirds of the vote of each such branch house,516
the resolution shall be submitted to the Governor for his or her approval or veto. In the517
event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution518
introduced is not approved by at least a majority of the vote of each such branch house, the519
rule shall automatically become adopted the day following adjournment sine die of that520
regular session. In the event of the Governor's approval of the resolution, the rule shall be521
disapproved and not adopted by the department."522
"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)523
of this Code section but shall be subject to the requirements of subsection (b) of Code524
Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of525
any department emergency rules, where those emergency rules are intended to cover526
matters which had been dealt with by the department's nonemergency rules but such527
nonemergency rules have been objected to by both legislative committees under this Code528
section, the emergency rules concerning those matters may not again be adopted except for529
one 120 day period. No emergency rule or part thereof which is adopted by the department530
shall be valid unless adopted in compliance with this subsection."531
SECTION 3-2.532
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Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
533
in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)534
of subsection (b) as follows:535
"(3) Code Section 50-13-6, except for paragraph (2) of
subsection (c)(b);"536
PART IV537
SECTION 4-1.538
(a) Except as provided for in subsection (b) of this section, this Act shall become effective539
upon its approval by the Governor or upon its becoming law without such approval.540
(b) Section 2-4 of this Act shall become effective on June 1, 2027.541
SECTION 4-2.542
All laws and parts of laws in conflict with this Act are repealed.543
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