25 LC 50 1234S
The House Committee on Budget and Fiscal Affairs Oversight offers 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
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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; 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 chairperson of the House Committee on Budget and Fiscal Affairs Oversight;54
(6) The chairperson of the Senate Committee on Government Oversight;55
(7) The sponsor of the bill that is the subject of the small business impact analysis;56
(8) The individual who requested the small business impact analysis, if such individual57
is not listed in paragraphs (1) through (7) of this subsection;58
(9) The Secretary of the Senate; and59
(10) The Clerk of the House of Representatives.60
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(b.1) A small business impact analysis requested pursuant to this Code section shall be61
posted on the public website in the same manner as fiscal notes.62
(c)(1) If a bill that is the subject of a small business impact analysis prepared pursuant63
to subsection (a) of this Code section is amended or is proposed to be amended, the64
Office of Planning and Budget and the Department of Audits and Accounts shall revise65
such small business impact analysis to account for the amended version of such bill upon66
the request of:67
(A) The Governor, the President of the Senate, or any member of the General68
Assembly, if such request is made prior to the convening of a session of the General69
Assembly; or70
(B) The Governor, the President of the Senate, the Speaker of the House of71
Representatives, or the chairperson of a committee to which such bill has been72
assigned, if such request is made after the convening of a session of the General73
Assembly.74
(2) A revised small business impact analysis requested pursuant to paragraph (1) of this75
subsection shall be prepared and submitted by the director of the Office of Planning and76
Budget and the state auditor in the same manner as the original small business impact77
analysis pursuant to subsection (b) of this Code section.78
(d)(1) The Office of Planning and Budget and the Department of Audits and Accounts79
may contract with a person or persons independent of state government to prepare any80
small business impact analysis or revised small business impact analysis requested81
pursuant to this Code section.82
(2) When preparing a small business impact analysis or revised small business impact83
analysis requested pursuant to this Code section, the Office of Planning and Budget, the84
Department of Audits and Accounts, and any person or persons contracted with under85
paragraph (1) of this subsection may consult with other units of state government, units86
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of local government, and business, industry, and community stakeholders impacted by87
or having an interest in the bill that is the subject of such small business impact analysis.88
(e) Any small business impact analysis or revised small business impact analysis prepared89
for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the90
Senate or the Clerk of the House of Representatives and shall be read to the members of91
each respective house of the General Assembly at the third reading of such bill. In92
addition, a copy of each small business impact analysis or revised small business impact93
analysis prepared for a bill pursuant to this Code section shall be distributed to each94
member of the respective house of the General Assembly before which such bill is pending95
prior to any such bill being voted upon by such house of the General Assembly.96
28-5-59.97
Nothing in this article shall be construed to require any degree of formality of proof of98
compliance with any requirement of this article, and any enrolled bill shall be conclusively99
presumed to have been enacted in compliance with the requirements of this article."100
SECTION 2-2.101
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended102
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or103
repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,104
by revising subsections (a), (b), (e), and (f) as follows:105
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules106
or general statements of policy, the agency shall consider the economic impact of the107
proposed rule and shall:108
(1) Give at least 30 days' notice of its intended action. The notice shall include an exact109
copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be110
distributed with and in the same manner as the proposed rule. The synopsis shall contain111
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a statement of the purpose and the main features of the proposed rule, and, in the case of112
a proposed amendatory rule, the synopsis also shall indicate the differences between the113
existing rule and the proposed rule. The notice shall also include the exact date on which114
the agency shall consider the adoption of the proposed rule and shall include the time and115
place in order that interested persons may present their views thereon. The notice shall116
also contain a citation of the authority pursuant to which the rule is proposed for adoption117
and, if the proposal is an amendment or repeal of an existing rule, the existing rule shall118
be clearly identified. For any proposed rule for which the agency reasonably anticipates119
that $3 million or more in cumulative implementation and compliance costs are120
reasonably expected to be incurred by or passed along to individuals, businesses, and121
units of local government as the result of the proposed rule over the initial five-year122
period following the effective date of such proposed rule, the agency shall prepare and123
there shall be included with the notice an economic analysis of the impact of the proposed124
rule; provided, however, that no economic impact analysis shall be required of any125
proposed rule or amendment that is mandated by federal law or agency regulation or is126
a requirement for participating in or implementing a federally subsidized or assisted127
program. If the agency determines that such cumulative implementation and compliance128
costs of a proposed rule will be less than $3 million over the initial five-year period129
following the effective date of such proposed rule or if the proposed rule is mandated by130
federal law, the agency shall prepare and there shall be included with the notice a131
statement explaining the agency's rationale in making such determination or citing the132
federal authority that requires such proposed rule. An economic impact analysis required133
to be prepared by an agency and included in the notice of a proposed rule under this134
paragraph shall include the following:135
(A) An estimate, and identification when possible, of the number of individuals,136
businesses, and units of local government subject to the proposed rule;137
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(B) The projected reporting, record keeping, and other administrative costs and time138
required for compliance with the proposed rule, including the types of professional139
skills necessary for preparation of any documentation, records, or reports required by140
the proposed rule;141
(C) A statement of the probable effect of the rule on impacted individuals, businesses,142
and units of local government;143
(D) A comparison of the anticipated costs and benefits of the proposed rule;144
(E) A description of the efforts taken by the agency to minimize the cost and impact145
of the proposed rule on individuals, businesses, and units of local government in this146
state; and147
(F) Such other provisions or information the agency deems reasonably necessary for148
the General Assembly and the public to assess the economic impact of the proposed149
rule.150
The notice shall be mailed to all persons who have requested in writing that they be151
placed upon a mailing list which shall be maintained by the agency for advance notice152
of its rule-making proceedings and who have tendered the actual cost of such mailing as153
from time to time estimated by the agency and to the Office of Planning and Budget or154
other designee of the Governor;155
(2) Afford to all interested persons reasonable opportunity to submit data, views, or156
arguments, orally or in writing. In the case of substantive rules, opportunity for oral157
hearing must be granted if requested by 25 persons who will be directly affected by the158
proposed rule, by a governmental subdivision, or by an association having not less159
than 25 members. The agency shall consider fully all written and oral submissions160
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so161
by an interested person either prior to adoption or within 30 days thereafter, shall issue162
a concise statement of the principal reasons for and against its adoption and incorporate163
therein its reason for overruling the consideration urged against its adoption;164
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(3) In the formulation and adoption of any rule which will have an economic impact on165
businesses in the state, reduce the economic impact of the rule on small businesses which166
are independently owned and operated, are not dominant in their field, and167
employ 100 300 employees or less fewer by implementing one or more of the following168
actions when it is legal and feasible in meeting the stated objectives of the statutes which169
are the basis of the proposed rule:170
(A) Establish differing reduced compliance or reporting requirements or and differing171
timetables for small businesses;172
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under173
the rule for small businesses;174
(C) Establish performance rather than design standards for small businesses; or175
(D) Exempt small businesses from any or all requirements of the rules;176
(4) In the formulation and adoption of any rule which places administrative burdens on177
charitable organizations in this state, including, but not limited to, any rule that would178
require any new or expanded filing or reporting requirements or that would limit the179
ability of charitable organizations to solicit or collect funds, the agency or official shall:180
(A) Absent the showing of a compelling state interest, not impose any annual filing or181
reporting requirements on an organization regulated or specifically exempted from182
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of183
1988,' that are more burdensome than the requirements authorized by applicable law,184
and any such filing or reporting requirements shall be narrowly tailored to achieve such185
compelling state interest. The requirements of this subparagraph shall not apply to the186
state's direct spending programs; and187
(B) Email the notice provided for in paragraph (1) of this subsection to each188
chairperson of any standing committee in each house as shown on the General189
Assembly's public website.190
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For purposes of this paragraph, the term 'charitable organization' means a nonprofit191
charitable organization which is exempt from taxation under the provisions of192
Section 501(c)(3) of the United States Internal Revenue Code; and193
(5) In the formulation and adoption of any rule, an agency shall choose an alternative194
that does not impose excessive regulatory costs on any regulated person or entity which195
costs could be reduced by a less expensive alternative that fully accomplishes the stated196
objectives of the statutes which are the basis of the proposed rule.197
(b) If any agency finds that an imminent peril to the public health, safety, or welfare,198
including, but not limited to, summary processes such as quarantines, contrabands,199
seizures, and the like authorized by law without notice, requires adoption of a rule,200
including a rule that would require an economic impact analysis if adopted pursuant to201
subsection (a) of this Code section, upon fewer than 30 days' notice and states in writing202
its reasons for that finding, it may proceed without prior notice or hearing or upon any203
abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any204
such rule adopted relative to a public health emergency shall be submitted as promptly as205
reasonably practicable to the House of Representatives and Senate Committees on206
Judiciary, provided that any such rule adopted relative to a state of emergency by the State207
Election Board shall be submitted as soon as practicable but not later than 20 days prior to208
the rule taking effect. Any emergency rule adopted by the State Election Board pursuant209
to the provisions of this subsection may be suspended upon the majority vote of the House210
of Representatives or Senate Committees on Judiciary within ten days of the receipt of such211
rule by the committees. The rule may be effective for a period of not longer than 120 days212
but adoption of an emergency rule pursuant to the provisions of this subsection shall not213
preclude the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of214
this Code section is not precluded; provided, however, that such a rule adopted pursuant215
to discharge of responsibility under an executive order declaring a state of emergency or216
disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3,217
S. B. 28 (SUB)
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shall be effective for the duration of the emergency or disaster and for a period of not more218
than 120 days thereafter."219
"(e)(1) The agency shall transmit the notice provided for in paragraph (1) of220
subsection (a) of this Code section to the legislative counsel. The notice shall be221
transmitted at least 30 days prior to the date of the agency's intended action.222
(2) Within three days after receipt of the notice, if possible, the legislative counsel shall223
furnish the presiding officers of each house with a copy of the notice, and, except for224
notices concerning a proposed rule for which an economic impact analysis is required225
pursuant to paragraph (1) of subsection (a) of this Code section, which shall be forwarded226
to the chairpersons of the House Committee on Budget and Fiscal Affairs Oversight and227
the Senate Committee on Government Oversight, the presiding officers shall assign the228
notice to the chairperson of the appropriate standing committee in each house for review229
and any member thereof who makes a standing written request. In the event a presiding230
officer is unavailable for the purpose of making the assignment within the time231
limitations, the legislative counsel shall assign the notice to the chairperson of the232
appropriate standing committee. The legislative counsel shall also transmit within the233
time limitations provided in this subsection a notice of the assignment to the chairperson234
of the appropriate standing committee. Each standing committee of the Senate and the235
House of Representatives is granted all the rights provided for interested persons and236
governmental subdivisions in paragraph (2) of subsection (a) of this Code section.237
(3) For any proposed rule that is adopted by an agency for which an economic impact238
analysis is required pursuant to paragraph (1) of subsection (a) of this Code section, it239
shall be the duty of the agency to notify the presiding officers of the Senate and the240
House of Representatives, the chairpersons of the House Committee on Budget and Fiscal241
Affairs Oversight and the Senate Committee on Government Oversight, and the242
legislative counsel of such adoption within ten days after the adoption of the rule. Such243
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rule may then be considered by the General Assembly as provided in paragraph (3) of244
subsection (f) of this Code section.245
(f)(1) In the event a standing committee to which a notice is assigned as provided in246
subsection (e) of this Code section files an objection objects to a proposed rule prior to247
its adoption and the agency adopts the proposed rule over the objection, the rule may be248
considered by the branch house of the General Assembly whose committee objected to249
its adoption by the introduction of a resolution for the purpose of overriding the rule at250
any time within the first 30 days of the next regular session of the General Assembly. It251
shall be the duty of any agency which adopts a proposed rule over such objection so to252
notify the presiding officers of the Senate and the House of Representatives, the253
chairpersons of the Senate and House committees to which the rule was referred, and the254
legislative counsel within ten days after the adoption of the rule. In the event the255
resolution is adopted by such branch house of the General Assembly, it shall be256
immediately transmitted to the other branch house of the General Assembly. It shall be257
the duty of the presiding officer of the other branch house of the General Assembly to258
have such branch house, within five days after the receipt of the resolution, to consider259
the resolution for the purpose of overriding the rule. In the event the resolution is260
adopted by two-thirds of the votes of each branch house of the General Assembly, the261
rule shall be void on the day after the adoption of the resolution by the second branch262
house of the General Assembly. In the event the resolution is ratified by less than263
two-thirds of the votes of either branch house, the resolution shall be submitted to the264
Governor for his or her approval or veto. In the event of his or her the Governor's veto,265
or if no resolution is introduced for the purpose of overriding the 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 rule shall remain in effect adopted and shall become or remain effective268
in accordance with the provisions of Code Section 50-13-6. In the event of his or her269
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approval the Governor's approval of the resolution, the rule shall be void on the day after270
the date of his or her approval.271
(2) In the event each standing committee to which a notice is assigned as provided in272
subsection (e) of this Code section files an objection objects to a proposed rule prior to273
its adoption by a two-thirds' vote of the members of the committee who were voting274
members on the tenth day of the current session, after having given public notice of the275
time, place, and purpose of such vote at least 48 hours in advance, as well as the276
opportunity for members of the public, including the promulgating agency, to have a277
reasonable time to comment on the proposed committee action at the hearing, the278
effectiveness of such rule shall be stayed until the next legislative session at which time279
the rule may be considered by the General Assembly by the introduction of a resolution280
in either branch of the General Assembly for the purpose of overriding the rule at any281
time within the first 30 days of the next regular session of the General Assembly not be282
adopted by the promulgating agency and shall instead be deemed withdrawn by the283
promulgating agency unless such agency, within the first 15 days of the next regular284
session of the General Assembly, transmits written notification to the chairpersons of the285
objecting committees that such agency does not intend to withdraw such rule but instead286
intends to adopt such rule following adjournment sine die of that regular session. Such287
notification shall include a detailed statement setting forth the basis for and necessity of288
the proposed rule, an explanation of how the adoption of the proposed rule is within the289
authority of the promulgating agency, any alternatives to the proposed rule considered290
by the promulgating agency, and the potential costs or adverse effects of the proposed291
rule, as well as the identification of those likely to bear such costs or adverse effects. A292
resolution objecting to the intended adoption of the proposed rule may be introduced in293
either house of the General Assembly after the fifteenth day but before the thirtieth day294
of the regular session in which the notice of intent not to withdraw the proposed rule was295
given by the promulgating agency in accordance with this paragraph. In the event the296
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resolution is adopted by the branch house of the General Assembly in which it was297
introduced, it shall be immediately transmitted to the other branch house of the General298
Assembly. It shall be the duty of the presiding officer of the other branch house of the299
General Assembly to have such branch house, within five days after the receipt of the300
resolution, to consider the resolution for the purpose of overriding objecting to the301
intended adoption of the proposed rule. In the event the resolution is adopted by302
two-thirds of the votes of each branch house of the General Assembly, the proposed rule303
shall be void on the day after the adoption of the resolution by the second branch of the304
General Assembly shall be disapproved and shall not be adopted by the promulgating305
agency. In the event the resolution is ratified by less than two-thirds of the votes of either306
branch house, the resolution shall be submitted to the Governor for his or her approval307
or veto. In the event of his or her the Governor's veto, the rule shall remain in effect or308
if no resolution is introduced objecting to the proposed rule, or if the resolution309
introduced is not approved by at least a majority of the vote of each house of the General310
Assembly, the proposed rule shall automatically become adopted the day following311
adjournment sine die of that regular session and shall become effective in accordance312
with the provisions of Code Section 50-13-6. In the event of his or her the Governor's313
approval of the resolution, the proposed rule shall be void on the day after the date of his314
or her approval disapproved and shall not be adopted by the promulgating agency. If315
after the thirtieth legislative day of the legislative session of which the challenged rule316
was to be considered the General Assembly has not considered an override of the317
challenged rule pursuant to this subsection, the rule shall then immediately take effect.318
(3) Any proposed rule for which an economic impact analysis is required pursuant to319
paragraph (1) of subsection (a) of this Code section that is adopted by an agency may be320
considered by either house of the General Assembly by the introduction of a resolution321
for the purpose of ratifying the rule at any time within the first 30 days of the next regular322
session of the General Assembly. In the event the resolution is adopted by a house of the323
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General Assembly, it shall be immediately transmitted to the other house of the General324
Assembly. It shall be the duty of the presiding officer of the other house of the General325
Assembly to have such house, within five days after the receipt of the resolution, to326
consider the resolution for the purpose of ratifying the rule. In the event the resolution327
is adopted by two-thirds of the votes of each house of the General Assembly, the rule328
shall remain adopted and shall become effective in accordance with the provisions of329
Code Section 50-13-6. In the event the resolution is ratified by less than two-thirds of the330
votes of either house, the resolution shall be submitted to the Governor for his or her331
approval or veto. In the event of the Governor's approval of the resolution, the rule shall332
remain adopted and shall become effective in accordance with the provisions of Code333
Section 50-13-6. In the event of the Governor's veto, or if no resolution is introduced for334
the purpose of ratifying the rule, or if the resolution introduced is not approved by at least335
a majority of the vote of each house of the General Assembly, the rule shall be void and336
shall not take effect."337
SECTION 2-3.338
Said title is further amended by revising Code Section 50-13-6, relating to rules not effective339
until 20 days after filed with the Secretary of State, maintenance of record of the rules,340
exceptions, and rules governing manner and form of filing, as follows:341
"50-13-6.342
(a)(1) Each rule adopted after July 1, 1965, shall not become effective until the343
expiration of 20 days after the rule is filed in the office of the Secretary of State Except344
for emergency rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule345
that is adopted shall not become effective unless it is filed with the office of the Secretary346
of State and such rule, if filed with the office of the Secretary of State between January 1347
and June 30 of a calendar year, shall become effective on July 1 of that year or, if filed348
with the office of the Secretary of State between July 1 and December 31 of a calendar349
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year, shall become effective on January 1 of the immediately succeeding calendar year. 350
Each rule so filed shall contain a citation of the authority pursuant to which it was351
adopted and, if an amendment or repeal of an existing rule, shall clearly identify the352
original rule.353
(2) No adopted rule for which an economic impact analysis is required pursuant to354
paragraph (1) of subsection (a) of Code Section 50-13-4 shall be filed with the office of355
the Secretary of State, and such office shall not accept the filing of such rule, unless and356
until such rule is ratified in accordance with paragraph (3) of subsection (f) of Code357
Section 50-13-4. Once such rule is so ratified, it may be filed with the office of the358
Secretary of State and take effect in accordance with the provisions of paragraph (1) of359
this subsection based on the date such rule is so filed.360
(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:361
(1) Become effective immediately upon its adoption or on such later date as the362
promulgating agency may prescribe and may be effective for a period of not longer than363
120 days; provided, however, that such an emergency rule adopted pursuant to a364
discharge of responsibility under an executive order declaring that a state of emergency365
or disaster exists as a result of a public health emergency, as defined in Code Section366
38-3-3, shall be effective for the duration of the emergency or disaster and for a period367
of not more than 120 days thereafter; and368
(2) Be filed, along with a copy of the finding as required by subsection (b) of Code369
Section 50-13-4, with the office of the Secretary of State within four days after its370
adoption.371
(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of372
filing and shall maintain a record of the rules for public inspection.373
(c) The 20 day filing period is subject to the following exceptions:374
(1) Where a statute or the terms of the rule require a date which is later than the 20 day375
period, then the later date is the effective date; and376
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(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may377
become effective immediately upon adoption or within a period of less than 20 days. The378
emergency rule, with a copy of the finding as required by subsection (b) of Code379
Section 50-13-4, shall be filed with the office of the Secretary of State within four380
working days after its adoption.381
(d) The Secretary of State shall prescribe rules governing the manner and form in which382
regulations shall be prepared for filing. The Secretary may refuse to accept for filing any383
rule that does not conform to such requirements."384
SECTION 2-4.385
Said title is further amended by adding new Code sections to read as follows:386
"50-13-24.387
(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the388
Governor shall establish and publish a schedule for the review of the rules of all agencies,389
subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews390
occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning391
and Budget or other designee of the Governor shall take into consideration the volume of392
rules that will be subject to review in any given year and the ability of the public to provide393
meaningful input into such reviews. An agency that has been through a review under this394
Code section previously and, in the intervening years since such last review, has decreased395
the number of its rules by 10 percent or more shall be exempt from review under this Code396
section during that cycle.397
(b) The Office of Planning and Budget or other designee of the Governor shall notify in398
December of the immediately preceding year each agency whose rules are subject to399
review in a given calendar year of the upcoming review period. All rules of an agency that400
are scheduled for review under this Code section shall stand automatically repealed on401
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December 31 of the review year unless the rules are continued or repromulgated pursuant402
to this Code section.403
(c) In the year of review, each agency shall undertake an analysis of each of its rules and404
shall create a written report of the results of such analysis. Such analysis shall consider:405
(1) Whether the benefits sought to be achieved by the rule are being realized and are in406
compliance with current law;407
(2) Whether such benefits justify the costs of implementing and complying with the408
provisions of the rule;409
(3) Whether there are less restrictive and less costly alternatives to accomplish the410
desired benefits or results; and411
(4) Whether the rule is mandated by federal law as a requirement for participating in or412
implementing a federally subsidized or assisted program and whether the proposed rule413
exceeds the requirements of such applicable federal law.414
The Office of Planning and Budget or other designee of the Governor shall develop and415
provide to each agency a standardized process and forms for such analysis and shall make416
such process and forms available on the Office of Planning and Budget's public website not417
later than October 1, 2027. Such analysis shall be completed not later than September 1418
of the year of review. Such analysis shall be published on the agency's public website upon419
its completion and shall be submitted for review to the Office of Planning and Budget or420
other designee of the Governor, the chairperson of the House Committee on Budget and421
Fiscal Affairs Oversight, and the chairperson of the Senate Committee on Government422
Oversight.423
(d) As a part of the rules analysis process, each agency shall solicit public input on the424
impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity425
to provide such input in a manner designed to obtain the widest possible public notification426
of interested parties, as well as by mailing such notice to all persons who have requested427
in writing that they be placed upon the mailing list maintained by the agency for advance428
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notice of its rule-making proceedings. The notice shall include a date by which public429
input shall be submitted for consideration which shall be not less than 30 days after the date430
the notice is published. Such notice shall be published not later than March 1 of the review431
year. In addition, the agency shall conduct at least two public hearings to receive public432
comment on its rules. Such public hearings shall be held in a manner designed to433
maximize public input and shall be completed not later than July 1 of the review year.434
(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the435
rules and regulations without critical review of the necessity, effectiveness, and cost of436
such rules; without considering possible less onerous, less costly, and more effective437
alternatives to such rules; and without determining whether such rules or regulations are438
actually necessary.439
(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in440
the same manner as for new rules under this chapter. Any continuation or repromulgation441
of a rule shall reduce or maintain the current regulatory burden and costs of such rule and442
shall not increase such burden or costs.443
(g) The provisions of this Code section shall not apply to constitutional officers or their444
respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.445
50-13-25.446
(a) As used in this Code section, the term:447
(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the448
Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of449
Labor, the commissioners of the Public Service Commission, and the State School450
Superintendent.451
(2) 'Respective agency' means:452
(A) With respect to the Attorney General, the Department of Law;453
(B) With respect to the Secretary of State, the office of the Secretary of State;454
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(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;455
(D) With respect to the Commissioner of Insurance, the Department of Insurance;456
(E) With respect to the Commissioner of Labor, the Department of Labor;457
(F) With respect to the commissioners of the Public Service Commission, the Public458
Service Commission; and459
(G) With respect to the State School Superintendent, the Department of Education.460
(b) All constitutional officers shall, subject to the provisions of this chapter, review all of461
the rules promulgated by such constitutional officers, their predecessors, or their respective462
agencies that are in effect every four years, with the first year of review being the 2028463
calendar year. In subsequent review years after 2028, each constitutional officer and such464
officer's respective agency that has, in the intervening years since such last review,465
decreased the number of its rules by 10 percent or more shall be exempt from review under466
this Code section during that year of review.467
(c) All rules of a constitutional officer and such officer's respective agency that are468
scheduled for review under this Code section shall stand automatically repealed on469
December 31 of the review year unless the rules are continued or repromulgated pursuant470
to this Code section.471
(d) In the year of review, each constitutional officer and such officer's respective agencies472
shall undertake an analysis of each of its rules and shall create a written report of the results473
of such analysis. Such analysis shall consider:474
(1) Whether the benefits sought to be achieved by the rule are being realized and are in475
compliance with current law;476
(2) Whether such benefits justify the costs of implementing and complying with the477
provisions of the rule; and478
(3) Whether there are less restrictive and less costly alternatives to accomplish the479
desired benefits or results.480
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Such analysis shall be completed not later than September 1 of the year of review. Such481
analysis shall be published by the constitutional officer on such officer's respective482
agency's public website upon its completion and shall be forwarded to the chairpersons of483
the House Committee on Budget and Fiscal Affairs Oversight and the Senate Committee484
on Government Oversight.485
(e) As a part of the rules analysis process, each constitutional officer and such officer's486
respective agency shall solicit public input on the impact, cost, and effectiveness of its487
rules. The public shall be notified of the opportunity to provide such input in a manner488
designed to obtain the widest possible public notification of interested parties, as well as489
by mailing such notice to all persons who have requested in writing that they be placed490
upon the mailing list maintained by each constitutional officer or such officer's respective491
agency for advance notice of its rule-making proceedings. The notice shall include a date492
by which public input shall be submitted for consideration which shall be not less than 30493
days after the date the notice is published. Such notice shall be published not later than494
March 1 of the review year. In addition, each constitutional officer and such officer's495
respective agency shall conduct at least two public hearings to receive public comment on496
its rules. Such public hearings shall be held in a manner designed to maximize public input497
and shall be completed not later than July 1 of the review year.498
(f) Constitutional officers and their respective agencies that desire to continue their rules499
in effect shall not simply repromulgate the rules and regulations without critical review of500
the necessity, effectiveness, and cost of such rules; without considering possible less501
onerous, less costly, and more effective alternatives to such rules; and without determining502
whether such rules or regulations are actually necessary.503
(g) Any rule that a constitutional officer or such officer's respective agency desires to504
continue or repromulgate shall be repromulgated in the same manner as for new rules under505
this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the506
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current regulatory burden and costs of such rule and shall not increase such burden or costs."507
PART III508
SECTION 3-1.509
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code510
Section 31-6-21.1, relating to procedures for rule making by the Department of Community511
Health, by revising subsections (c) and (f) as follows:512
"(c) Any rule or part thereof to which an objection is made by both committees within the513
30 day objection period under subsection (b) of this Code section shall not be adopted by514
the department and shall be invalid if so adopted. A rule or part thereof thus prohibited515
from being adopted shall be deemed to have been withdrawn by the department unless the516
department, within the first 15 days of the next regular session of the General Assembly,517
transmits written notification to each member of the objecting committees that the518
department does not intend to withdraw that rule or part thereof but intends to adopt the519
specified rule or part effective the day following adjournment sine die of that regular520
session. A resolution objecting to such intended adoption may be introduced in either521
branch house of the General Assembly after the fifteenth day but before the thirtieth day522
of the session in which occurs the notification of intent not to withdraw a rule or part523
thereof. In the event the resolution is adopted by the branch house of the General524
Assembly in which the resolution was introduced, it shall be immediately transmitted to525
the other branch house of the General Assembly. It shall be the duty of the presiding526
officer of the other branch house to have that branch house, within five days after receipt527
of the resolution, consider the resolution for purposes of objecting to the intended adoption528
of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote529
of each branch house of the General Assembly, the rule or part thereof objected to in that530
resolution shall be disapproved and not adopted by the department. If the resolution is531
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adopted by a majority but by less than two-thirds of the vote of each such branch house,532
the resolution shall be submitted to the Governor for his or her approval or veto. In the533
event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution534
introduced is not approved by at least a majority of the vote of each such branch house, the535
rule shall automatically become adopted the day following adjournment sine die of that536
regular session. In the event of the Governor's approval of the resolution, the rule shall be537
disapproved and not adopted by the department."538
"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)539
of this Code section but shall be subject to the requirements of subsection (b) of Code540
Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of541
any department emergency rules, where those emergency rules are intended to cover542
matters which had been dealt with by the department's nonemergency rules but such543
nonemergency rules have been objected to by both legislative committees under this Code544
section, the emergency rules concerning those matters may not again be adopted except for545
one 120 day period. No emergency rule or part thereof which is adopted by the department546
shall be valid unless adopted in compliance with this subsection."547
SECTION 3-2.548
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended549
in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)550
of subsection (b) as follows:551
"(3) Code Section 50-13-6, except for paragraph (2) of subsection (c) (b);"552
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PART IV553
SECTION 4-1.554
(a) Except as provided for in subsection (b) of this section, this Act shall become effective555
upon its approval by the Governor or upon its becoming law without such approval.556
(b) Section 2-4 of this Act shall become effective on June 1, 2027.557
SECTION 4-2.558
All laws and parts of laws in conflict with this Act are repealed.559
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