Georgia 2025-2026 Regular Session

Georgia Senate Bill SB28 Compare Versions

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1-25 LC 50 1234S
2- The House Committee on Budget and Fiscal Affairs Oversight offers the following
3-substitute to SB 28:
1+25 SB 28/CSFA
2+Senate Bill 28
3+By: Senators Dolezal of the 27th, Kennedy of the 18th, Gooch of the 51st, Anavitarte of the
4+31st, Robertson of the 29th and others
5+AS PASSED SENATE
46 A BILL TO BE ENTITLED
57 AN ACT
6-To amend Titles 28, 31, and 50 of the Official Code of Georgia Annotated, relating to the1
8+To amend Titles 28, 31, and 50 of the Official Code of Georgia Annotated, relating to the
9+1
710 General Assembly, health, and state government, respectively, so as to provide for2
811 procedures and processes concerning the enactment of legislation and the adoption of rules3
912 and regulations; to provide definitions; to provide for the preparation and submission of4
1013 small business impact analyses for bills introduced during sessions of the General Assembly;5
1114 to provide for contracting; to provide for the revision of small business impact analyses; to6
1215 provide for legislative construction; to revise procedures concerning the adoption of7
1316 administrative rules; to revise procedures within the General Assembly concerning objections8
1417 to proposed administrative rules; to provide for effective dates for adopted administrative9
1518 rules; to provide for periodic review and sunset of administrative rules; to conform10
1619 cross-references; to provide for related matters; to provide a short title; to provide effective11
1720 dates; to repeal conflicting laws; and for other purposes.12
1821 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
19-S. B. 28 (SUB)
20-- 1 - 25 LC 50 1234S
21-PART I14
22+S. B. 28
23+- 1 - 25 SB 28/CSFA
24+PART I
25+14
2226 SECTION 1-1.15
2327 This Act shall be known and may be cited as the "Red Tape Rollback Act of 2025."16
2428 PART II17
2529 SECTION 2-1.18
2630 Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is19
2731 amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:20
28-"ARTICLE 3B21
32+"ARTICLE 3B
33+21
2934 28-5-57.22
3035 As used in this article, the term 'small business' means a business that is independently23
3136 owned and operated, is not dominant in its field, and employs 300 or fewer employees.24
3237 28-5-58.25
3338 (a) Prior to the convening of a session of the General Assembly, the Governor, the26
3439 President of the Senate, or any member of the General Assembly may request that the27
3540 Office of Planning and Budget and the Department of Audits and Accounts prepare a small28
3641 business impact analysis of any bill; provided, however, that no member of the General29
3742 Assembly who is not the Speaker of the House of Representatives or the chairperson of a30
3843 standing committee shall be permitted to request a small business impact analysis for more31
3944 than three bills during any one period that the General Assembly is not in session. 32
4045 Following the convening of a session of the General Assembly, a small business impact33
4146 analysis for a bill may only be requested by the Governor, the President of the Senate, the34
42-S. B. 28 (SUB)
43-- 2 - 25 LC 50 1234S
47+S. B. 28
48+- 2 - 25 SB 28/CSFA
4449 Speaker of the House of Representatives, or the chairperson of a committee to which such35
4550 bill has been assigned. A small business impact analysis shall estimate the economic costs36
4651 and benefits that such bill may have on small businesses in the state and shall include, if37
4752 any, the estimated impacts on:38
4853 (1) The costs of providing goods and services;39
4954 (2) The availability and cost of workers;40
5055 (3) Industry competition or consumer choice; and41
5156 (4) Potential costs of compliance.42
5257 (b) A small business impact analysis requested pursuant to subsection (a) of this Code43
5358 section shall be prepared and submitted by the director of the Office of Planning and44
5459 Budget and the state auditor within 30 days after receipt of the request or, if requested45
5560 during a session of the General Assembly, within ten days after receipt of such request. A46
5661 copy of the small business impact analysis shall be submitted to:47
5762 (1) The Governor;48
5863 (2) The President of the Senate;49
5964 (3) The Speaker of the House of Representatives;50
6065 (4) The chairperson of the committee to which the bill that is the subject of the small51
6166 business impact analysis is assigned in the house of the General Assembly in which the52
6267 bill was introduced;53
63-(5) The chairperson of the House Committee on Budget and Fiscal Affairs Oversight;54
64-(6) The chairperson of the Senate Committee on Government Oversight;55
65-(7) The sponsor of the bill that is the subject of the small business impact analysis;56
66-(8) The individual who requested the small business impact analysis, if such individual57
67-is not listed in paragraphs (1) through (7) of this subsection;58
68-(9) The Secretary of the Senate; and59
69-(10) The Clerk of the House of Representatives.60
70-S. B. 28 (SUB)
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72-(b.1) A small business impact analysis requested pursuant to this Code section shall be61
73-posted on the public website in the same manner as fiscal notes.62
74-(c)(1) If a bill that is the subject of a small business impact analysis prepared pursuant63
75-to subsection (a) of this Code section is amended or is proposed to be amended, the64
76-Office of Planning and Budget and the Department of Audits and Accounts shall revise65
77-such small business impact analysis to account for the amended version of such bill upon66
78-the request of:67
79-(A) The Governor, the President of the Senate, or any member of the General68
80-Assembly, if such request is made prior to the convening of a session of the General69
81-Assembly; or70
82-(B) The Governor, the President of the Senate, the Speaker of the House of71
83-Representatives, or the chairperson of a committee to which such bill has been72
84-assigned, if such request is made after the convening of a session of the General73
85-Assembly.74
86-(2) A revised small business impact analysis requested pursuant to paragraph (1) of this75
87-subsection shall be prepared and submitted by the director of the Office of Planning and76
88-Budget and the state auditor in the same manner as the original small business impact77
89-analysis pursuant to subsection (b) of this Code section.78
90-(d)(1) The Office of Planning and Budget and the Department of Audits and Accounts79
91-may contract with a person or persons independent of state government to prepare any80
92-small business impact analysis or revised small business impact analysis requested81
93-pursuant to this Code section.82
94-(2) When preparing a small business impact analysis or revised small business impact83
95-analysis requested pursuant to this Code section, the Office of Planning and Budget, the84
96-Department of Audits and Accounts, and any person or persons contracted with under85
97-paragraph (1) of this subsection may consult with other units of state government, units86
98-S. B. 28 (SUB)
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100-of local government, and business, industry, and community stakeholders impacted by87
101-or having an interest in the bill that is the subject of such small business impact analysis.88
102-(e) Any small business impact analysis or revised small business impact analysis prepared89
103-for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the90
104-Senate or the Clerk of the House of Representatives and shall be read to the members of91
105-each respective house of the General Assembly at the third reading of such bill. In92
106-addition, a copy of each small business impact analysis or revised small business impact93
107-analysis prepared for a bill pursuant to this Code section shall be distributed to each94
108-member of the respective house of the General Assembly before which such bill is pending95
109-prior to any such bill being voted upon by such house of the General Assembly.96
110-28-5-59.97
111-Nothing in this article shall be construed to require any degree of formality of proof of98
112-compliance with any requirement of this article, and any enrolled bill shall be conclusively99
113-presumed to have been enacted in compliance with the requirements of this article."100
114-SECTION 2-2.101
115-Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended102
116-in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or103
117-repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,104
118-by revising subsections (a), (b), (e), and (f) as follows:105
119-"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules106
120-or general statements of policy, the agency shall consider the economic impact of the107
121-proposed rule and shall:108
122-(1) Give at least 30 days' notice of its intended action. The notice shall include an exact109
123-copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be110
124-distributed with and in the same manner as the proposed rule. The synopsis shall contain111
125-S. B. 28 (SUB)
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127-a statement of the purpose and the main features of the proposed rule, and, in the case of112
128-a proposed amendatory rule, the synopsis also shall indicate the differences between the113
129-existing rule and the proposed rule. The notice shall also include the exact date on which114
130-the agency shall consider the adoption of the proposed rule and shall include the time and115
131-place in order that interested persons may present their views thereon. The notice shall116
132-also contain a citation of the authority pursuant to which the rule is proposed for adoption117
133-and, if the proposal is an amendment or repeal of an existing rule, the existing rule shall118
134-be clearly identified. For any proposed rule for which the agency reasonably anticipates119
135-that $3 million or more in cumulative implementation and compliance costs are120
136-reasonably expected to be incurred by or passed along to individuals, businesses, and121
137-units of local government as the result of the proposed rule over the initial five-year122
138-period following the effective date of such proposed rule, the agency shall prepare and123
139-there shall be included with the notice an economic analysis of the impact of the proposed124
140-rule; provided, however, that no economic impact analysis shall be required of any125
141-proposed rule or amendment that is mandated by federal law or agency regulation or is126
142-a requirement for participating in or implementing a federally subsidized or assisted127
143-program. If the agency determines that such cumulative implementation and compliance128
144-costs of a proposed rule will be less than $3 million over the initial five-year period129
145-following the effective date of such proposed rule or if the proposed rule is mandated by130
146-federal law, the agency shall prepare and there shall be included with the notice a131
147-statement explaining the agency's rationale in making such determination or citing the132
148-federal authority that requires such proposed rule. An economic impact analysis required133
149-to be prepared by an agency and included in the notice of a proposed rule under this134
150-paragraph shall include the following:135
151-(A) An estimate, and identification when possible, of the number of individuals,136
152-businesses, and units of local government subject to the proposed rule;137
153-S. B. 28 (SUB)
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155-(B) The projected reporting, record keeping, and other administrative costs and time138
156-required for compliance with the proposed rule, including the types of professional139
157-skills necessary for preparation of any documentation, records, or reports required by140
158-the proposed rule;141
159-(C) A statement of the probable effect of the rule on impacted individuals, businesses,142
160-and units of local government;143
161-(D) A comparison of the anticipated costs and benefits of the proposed rule;144
162-(E) A description of the efforts taken by the agency to minimize the cost and impact145
163-of the proposed rule on individuals, businesses, and units of local government in this146
164-state; and147
165-(F) Such other provisions or information the agency deems reasonably necessary for148
166-the General Assembly and the public to assess the economic impact of the proposed149
167-rule.150
168-The notice shall be mailed to all persons who have requested in writing that they be151
169-placed upon a mailing list which shall be maintained by the agency for advance notice152
170-of its rule-making proceedings and who have tendered the actual cost of such mailing as153
171-from time to time estimated by the agency and to the Office of Planning and Budget or154
172-other designee of the Governor;155
173-(2) Afford to all interested persons reasonable opportunity to submit data, views, or156
174-arguments, orally or in writing. In the case of substantive rules, opportunity for oral157
175-hearing must be granted if requested by 25 persons who will be directly affected by the158
176-proposed rule, by a governmental subdivision, or by an association having not less159
177-than 25 members. The agency shall consider fully all written and oral submissions160
178-respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so161
179-by an interested person either prior to adoption or within 30 days thereafter, shall issue162
180-a concise statement of the principal reasons for and against its adoption and incorporate163
181-therein its reason for overruling the consideration urged against its adoption;164
182-S. B. 28 (SUB)
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184-(3) In the formulation and adoption of any rule which will have an economic impact on165
185-businesses in the state, reduce the economic impact of the rule on small businesses which166
186-are independently owned and operated, are not dominant in their field, and167
187-employ 100 300 employees or less fewer by implementing one or more of the following168
188-actions when it is legal and feasible in meeting the stated objectives of the statutes which169
189-are the basis of the proposed rule:170
190-(A) Establish differing reduced compliance or reporting requirements or and differing171
191-timetables for small businesses;172
192-(B) Clarify, consolidate, or simplify the compliance and reporting requirements under173
193-the rule for small businesses;174
194-(C) Establish performance rather than design standards for small businesses; or175
195-(D) Exempt small businesses from any or all requirements of the rules;176
196-(4) In the formulation and adoption of any rule which places administrative burdens on177
197-charitable organizations in this state, including, but not limited to, any rule that would178
198-require any new or expanded filing or reporting requirements or that would limit the179
199-ability of charitable organizations to solicit or collect funds, the agency or official shall:180
200-(A) Absent the showing of a compelling state interest, not impose any annual filing or181
201-reporting requirements on an organization regulated or specifically exempted from182
202-regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of183
203-1988,' that are more burdensome than the requirements authorized by applicable law,184
204-and any such filing or reporting requirements shall be narrowly tailored to achieve such185
205-compelling state interest. The requirements of this subparagraph shall not apply to the186
206-state's direct spending programs; and187
207-(B) Email the notice provided for in paragraph (1) of this subsection to each188
208-chairperson of any standing committee in each house as shown on the General189
209-Assembly's public website.190
210-S. B. 28 (SUB)
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212-For purposes of this paragraph, the term 'charitable organization' means a nonprofit191
213-charitable organization which is exempt from taxation under the provisions of192
214-Section 501(c)(3) of the United States Internal Revenue Code; and193
215-(5) In the formulation and adoption of any rule, an agency shall choose an alternative194
216-that does not impose excessive regulatory costs on any regulated person or entity which195
217-costs could be reduced by a less expensive alternative that fully accomplishes the stated196
218-objectives of the statutes which are the basis of the proposed rule.197
219-(b) If any agency finds that an imminent peril to the public health, safety, or welfare,198
220-including, but not limited to, summary processes such as quarantines, contrabands,199
221-seizures, and the like authorized by law without notice, requires adoption of a rule,200
222-including a rule that would require an economic impact analysis if adopted pursuant to201
223-subsection (a) of this Code section, upon fewer than 30 days' notice and states in writing202
224-its reasons for that finding, it may proceed without prior notice or hearing or upon any203
225-abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any204
226-such rule adopted relative to a public health emergency shall be submitted as promptly as205
227-reasonably practicable to the House of Representatives and Senate Committees on206
228-Judiciary, provided that any such rule adopted relative to a state of emergency by the State207
229-Election Board shall be submitted as soon as practicable but not later than 20 days prior to208
230-the rule taking effect. Any emergency rule adopted by the State Election Board pursuant209
231-to the provisions of this subsection may be suspended upon the majority vote of the House210
232-of Representatives or Senate Committees on Judiciary within ten days of the receipt of such211
233-rule by the committees. The rule may be effective for a period of not longer than 120 days212
234-but adoption of an emergency rule pursuant to the provisions of this subsection shall not213
235-preclude the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of214
236-this Code section is not precluded; provided, however, that such a rule adopted pursuant215
237-to discharge of responsibility under an executive order declaring a state of emergency or216
238-disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3,217
239-S. B. 28 (SUB)
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241-shall be effective for the duration of the emergency or disaster and for a period of not more218
242-than 120 days thereafter."219
243-"(e)(1) The agency shall transmit the notice provided for in paragraph (1) of220
244-subsection (a) of this Code section to the legislative counsel. The notice shall be221
245-transmitted at least 30 days prior to the date of the agency's intended action.222
246-(2) Within three days after receipt of the notice, if possible, the legislative counsel shall223
247-furnish the presiding officers of each house with a copy of the notice, and, except for224
248-notices concerning a proposed rule for which an economic impact analysis is required225
249-pursuant to paragraph (1) of subsection (a) of this Code section, which shall be forwarded226
250-to the chairpersons of the House Committee on Budget and Fiscal Affairs Oversight and227
251-the Senate Committee on Government Oversight, the presiding officers shall assign the228
252-notice to the chairperson of the appropriate standing committee in each house for review229
253-and any member thereof who makes a standing written request. In the event a presiding230
254-officer is unavailable for the purpose of making the assignment within the time231
255-limitations, the legislative counsel shall assign the notice to the chairperson of the232
256-appropriate standing committee. The legislative counsel shall also transmit within the233
257-time limitations provided in this subsection a notice of the assignment to the chairperson234
258-of the appropriate standing committee. Each standing committee of the Senate and the235
259-House of Representatives is granted all the rights provided for interested persons and236
260-governmental subdivisions in paragraph (2) of subsection (a) of this Code section.237
261-(3) For any proposed rule that is adopted by an agency for which an economic impact238
262-analysis is required pursuant to paragraph (1) of subsection (a) of this Code section, it239
263-shall be the duty of the agency to notify the presiding officers of the Senate and the240
264-House of Representatives, the chairpersons of the House Committee on Budget and Fiscal241
265-Affairs Oversight and the Senate Committee on Government Oversight, and the242
266-legislative counsel of such adoption within ten days after the adoption of the rule. Such243
267-S. B. 28 (SUB)
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269-rule may then be considered by the General Assembly as provided in paragraph (3) of244
270-subsection (f) of this Code section.245
271-(f)(1) In the event a standing committee to which a notice is assigned as provided in246
272-subsection (e) of this Code section files an objection objects to a proposed rule prior to247
273-its adoption and the agency adopts the proposed rule over the objection, the rule may be248
274-considered by the branch house of the General Assembly whose committee objected to249
275-its adoption by the introduction of a resolution for the purpose of overriding the rule at250
276-any time within the first 30 days of the next regular session of the General Assembly. It251
277-shall be the duty of any agency which adopts a proposed rule over such objection so to252
278-notify the presiding officers of the Senate and the House of Representatives, the253
279-chairpersons of the Senate and House committees to which the rule was referred, and the254
280-legislative counsel within ten days after the adoption of the rule. In the event the255
281-resolution is adopted by such branch house of the General Assembly, it shall be256
282-immediately transmitted to the other branch house of the General Assembly. It shall be257
283-the duty of the presiding officer of the other branch house of the General Assembly to258
284-have such branch house, within five days after the receipt of the resolution, to consider259
285-the resolution for the purpose of overriding the rule. In the event the resolution is260
286-adopted by two-thirds of the votes of each branch house of the General Assembly, the261
287-rule shall be void on the day after the adoption of the resolution by the second branch262
288-house of the General Assembly. In the event the resolution is ratified by less than263
289-two-thirds of the votes of either branch house, the resolution shall be submitted to the264
290-Governor for his or her approval or veto. In the event of his or her the Governor's veto,265
291-or if no resolution is introduced for the purpose of overriding the rule, or if the resolution266
292-introduced is not approved by at least a majority of the vote of each house of the General267
293-Assembly, the rule shall remain in effect adopted and shall become or remain effective268
294-in accordance with the provisions of Code Section 50-13-6. In the event of his or her269
295-S. B. 28 (SUB)
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297-approval the Governor's approval of the resolution, the rule shall be void on the day after270
298-the date of his or her approval.271
299-(2) In the event each standing committee to which a notice is assigned as provided in272
300-subsection (e) of this Code section files an objection objects to a proposed rule prior to273
301-its adoption by a two-thirds' vote of the members of the committee who were voting274
302-members on the tenth day of the current session, after having given public notice of the275
303-time, place, and purpose of such vote at least 48 hours in advance, as well as the276
304-opportunity for members of the public, including the promulgating agency, to have a277
305-reasonable time to comment on the proposed committee action at the hearing, the278
306-effectiveness of such rule shall be stayed until the next legislative session at which time279
307-the rule may be considered by the General Assembly by the introduction of a resolution280
308-in either branch of the General Assembly for the purpose of overriding the rule at any281
309-time within the first 30 days of the next regular session of the General Assembly not be282
310-adopted by the promulgating agency and shall instead be deemed withdrawn by the283
311-promulgating agency unless such agency, within the first 15 days of the next regular284
312-session of the General Assembly, transmits written notification to the chairpersons of the285
313-objecting committees that such agency does not intend to withdraw such rule but instead286
314-intends to adopt such rule following adjournment sine die of that regular session. Such287
315-notification shall include a detailed statement setting forth the basis for and necessity of288
316-the proposed rule, an explanation of how the adoption of the proposed rule is within the289
317-authority of the promulgating agency, any alternatives to the proposed rule considered290
318-by the promulgating agency, and the potential costs or adverse effects of the proposed291
319-rule, as well as the identification of those likely to bear such costs or adverse effects. A292
320-resolution objecting to the intended adoption of the proposed rule may be introduced in293
321-either house of the General Assembly after the fifteenth day but before the thirtieth day294
322-of the regular session in which the notice of intent not to withdraw the proposed rule was295
323-given by the promulgating agency in accordance with this paragraph. In the event the296
324-S. B. 28 (SUB)
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326-resolution is adopted by the branch house of the General Assembly in which it was297
327-introduced, it shall be immediately transmitted to the other branch house of the General298
328-Assembly. It shall be the duty of the presiding officer of the other branch house of the299
329-General Assembly to have such branch house, within five days after the receipt of the300
330-resolution, to consider the resolution for the purpose of overriding objecting to the301
331-intended adoption of the proposed rule. In the event the resolution is adopted by302
332-two-thirds of the votes of each branch house of the General Assembly, the proposed rule303
333-shall be void on the day after the adoption of the resolution by the second branch of the304
334-General Assembly shall be disapproved and shall not be adopted by the promulgating305
335-agency. In the event the resolution is ratified by less than two-thirds of the votes of either306
336-branch house, the resolution shall be submitted to the Governor for his or her approval307
337-or veto. In the event of his or her the Governor's veto, the rule shall remain in effect or308
338-if no resolution is introduced objecting to the proposed rule, or if the resolution309
339-introduced is not approved by at least a majority of the vote of each house of the General310
340-Assembly, the proposed rule shall automatically become adopted the day following311
341-adjournment sine die of that regular session and shall become effective in accordance312
342-with the provisions of Code Section 50-13-6. In the event of his or her the Governor's313
343-approval of the resolution, the proposed rule shall be void on the day after the date of his314
344-or her approval disapproved and shall not be adopted by the promulgating agency. If315
345-after the thirtieth legislative day of the legislative session of which the challenged rule316
346-was to be considered the General Assembly has not considered an override of the317
347-challenged rule pursuant to this subsection, the rule shall then immediately take effect.318
348-(3) Any proposed rule for which an economic impact analysis is required pursuant to319
349-paragraph (1) of subsection (a) of this Code section that is adopted by an agency may be320
350-considered by either house of the General Assembly by the introduction of a resolution321
351-for the purpose of ratifying the rule at any time within the first 30 days of the next regular322
352-session of the General Assembly. In the event the resolution is adopted by a house of the323
353-S. B. 28 (SUB)
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355-General Assembly, it shall be immediately transmitted to the other house of the General324
356-Assembly. It shall be the duty of the presiding officer of the other house of the General325
357-Assembly to have such house, within five days after the receipt of the resolution, to326
358-consider the resolution for the purpose of ratifying the rule. In the event the resolution327
359-is adopted by two-thirds of the votes of each house of the General Assembly, the rule328
360-shall remain adopted and shall become effective in accordance with the provisions of329
361-Code Section 50-13-6. In the event the resolution is ratified by less than two-thirds of the330
362-votes of either house, the resolution shall be submitted to the Governor for his or her331
363-approval or veto. In the event of the Governor's approval of the resolution, the rule shall332
364-remain adopted and shall become effective in accordance with the provisions of Code333
365-Section 50-13-6. In the event of the Governor's veto, or if no resolution is introduced for334
366-the purpose of ratifying the rule, or if the resolution introduced is not approved by at least335
367-a majority of the vote of each house of the General Assembly, the rule shall be void and336
368-shall not take effect."337
369-SECTION 2-3.338
370-Said title is further amended by revising Code Section 50-13-6, relating to rules not effective339
371-until 20 days after filed with the Secretary of State, maintenance of record of the rules,340
372-exceptions, and rules governing manner and form of filing, as follows:341
373-"50-13-6.342
374-(a)(1) Each rule adopted after July 1, 1965, shall not become effective until the343
375-expiration of 20 days after the rule is filed in the office of the Secretary of State Except344
376-for emergency rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule345
377-that is adopted shall not become effective unless it is filed with the office of the Secretary346
378-of State and such rule, if filed with the office of the Secretary of State between January 1347
379-and June 30 of a calendar year, shall become effective on July 1 of that year or, if filed348
380-with the office of the Secretary of State between July 1 and December 31 of a calendar349
381-S. B. 28 (SUB)
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383-year, shall become effective on January 1 of the immediately succeeding calendar year. 350
384-Each rule so filed shall contain a citation of the authority pursuant to which it was351
385-adopted and, if an amendment or repeal of an existing rule, shall clearly identify the352
386-original rule.353
387-(2) No adopted rule for which an economic impact analysis is required pursuant to354
388-paragraph (1) of subsection (a) of Code Section 50-13-4 shall be filed with the office of355
389-the Secretary of State, and such office shall not accept the filing of such rule, unless and356
390-until such rule is ratified in accordance with paragraph (3) of subsection (f) of Code357
391-Section 50-13-4. Once such rule is so ratified, it may be filed with the office of the358
392-Secretary of State and take effect in accordance with the provisions of paragraph (1) of359
393-this subsection based on the date such rule is so filed.360
394-(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:361
395-(1) Become effective immediately upon its adoption or on such later date as the362
396-promulgating agency may prescribe and may be effective for a period of not longer than363
397-120 days; provided, however, that such an emergency rule adopted pursuant to a364
398-discharge of responsibility under an executive order declaring that a state of emergency365
399-or disaster exists as a result of a public health emergency, as defined in Code Section366
400-38-3-3, shall be effective for the duration of the emergency or disaster and for a period367
401-of not more than 120 days thereafter; and368
402-(2) Be filed, along with a copy of the finding as required by subsection (b) of Code369
403-Section 50-13-4, with the office of the Secretary of State within four days after its370
404-adoption.371
405-(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of372
406-filing and shall maintain a record of the rules for public inspection.373
407-(c) The 20 day filing period is subject to the following exceptions:374
408-(1) Where a statute or the terms of the rule require a date which is later than the 20 day375
409-period, then the later date is the effective date; and376
410-S. B. 28 (SUB)
411-- 15 - 25 LC 50 1234S
412-(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may377
413-become effective immediately upon adoption or within a period of less than 20 days. The378
414-emergency rule, with a copy of the finding as required by subsection (b) of Code379
415-Section 50-13-4, shall be filed with the office of the Secretary of State within four380
416-working days after its adoption.381
417-(d) The Secretary of State shall prescribe rules governing the manner and form in which382
418-regulations shall be prepared for filing. The Secretary may refuse to accept for filing any383
419-rule that does not conform to such requirements."384
420-SECTION 2-4.385
421-Said title is further amended by adding new Code sections to read as follows:386
422-"50-13-24.387
423-(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the388
424-Governor shall establish and publish a schedule for the review of the rules of all agencies,389
425-subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews390
426-occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning391
427-and Budget or other designee of the Governor shall take into consideration the volume of392
428-rules that will be subject to review in any given year and the ability of the public to provide393
429-meaningful input into such reviews. An agency that has been through a review under this394
430-Code section previously and, in the intervening years since such last review, has decreased395
431-the number of its rules by 10 percent or more shall be exempt from review under this Code396
432-section during that cycle.397
433-(b) The Office of Planning and Budget or other designee of the Governor shall notify in398
434-December of the immediately preceding year each agency whose rules are subject to399
435-review in a given calendar year of the upcoming review period. All rules of an agency that400
436-are scheduled for review under this Code section shall stand automatically repealed on401
437-S. B. 28 (SUB)
438-- 16 - 25 LC 50 1234S
439-December 31 of the review year unless the rules are continued or repromulgated pursuant402
440-to this Code section.403
441-(c) In the year of review, each agency shall undertake an analysis of each of its rules and404
442-shall create a written report of the results of such analysis. Such analysis shall consider:405
443-(1) Whether the benefits sought to be achieved by the rule are being realized and are in406
444-compliance with current law;407
445-(2) Whether such benefits justify the costs of implementing and complying with the408
446-provisions of the rule;409
447-(3) Whether there are less restrictive and less costly alternatives to accomplish the410
448-desired benefits or results; and411
449-(4) Whether the rule is mandated by federal law as a requirement for participating in or412
450-implementing a federally subsidized or assisted program and whether the proposed rule413
451-exceeds the requirements of such applicable federal law.414
452-The Office of Planning and Budget or other designee of the Governor shall develop and415
453-provide to each agency a standardized process and forms for such analysis and shall make416
454-such process and forms available on the Office of Planning and Budget's public website not417
455-later than October 1, 2027. Such analysis shall be completed not later than September 1418
456-of the year of review. Such analysis shall be published on the agency's public website upon419
457-its completion and shall be submitted for review to the Office of Planning and Budget or420
458-other designee of the Governor, the chairperson of the House Committee on Budget and421
459-Fiscal Affairs Oversight, and the chairperson of the Senate Committee on Government422
460-Oversight.423
461-(d) As a part of the rules analysis process, each agency shall solicit public input on the424
462-impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity425
463-to provide such input in a manner designed to obtain the widest possible public notification426
464-of interested parties, as well as by mailing such notice to all persons who have requested427
465-in writing that they be placed upon the mailing list maintained by the agency for advance428
466-S. B. 28 (SUB)
467-- 17 - 25 LC 50 1234S
468-notice of its rule-making proceedings. The notice shall include a date by which public429
469-input shall be submitted for consideration which shall be not less than 30 days after the date430
470-the notice is published. Such notice shall be published not later than March 1 of the review431
471-year. In addition, the agency shall conduct at least two public hearings to receive public432
472-comment on its rules. Such public hearings shall be held in a manner designed to433
473-maximize public input and shall be completed not later than July 1 of the review year.434
474-(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the435
475-rules and regulations without critical review of the necessity, effectiveness, and cost of436
476-such rules; without considering possible less onerous, less costly, and more effective437
477-alternatives to such rules; and without determining whether such rules or regulations are438
478-actually necessary.439
479-(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in440
480-the same manner as for new rules under this chapter. Any continuation or repromulgation441
481-of a rule shall reduce or maintain the current regulatory burden and costs of such rule and442
482-shall not increase such burden or costs.443
483-(g) The provisions of this Code section shall not apply to constitutional officers or their444
484-respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.445
485-50-13-25.446
486-(a) As used in this Code section, the term:447
487-(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the448
488-Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of449
489-Labor, the commissioners of the Public Service Commission, and the State School450
490-Superintendent.451
491-(2) 'Respective agency' means:452
492-(A) With respect to the Attorney General, the Department of Law;453
493-(B) With respect to the Secretary of State, the office of the Secretary of State;454
494-S. B. 28 (SUB)
495-- 18 - 25 LC 50 1234S
496-(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;455
497-(D) With respect to the Commissioner of Insurance, the Department of Insurance;456
498-(E) With respect to the Commissioner of Labor, the Department of Labor;457
499-(F) With respect to the commissioners of the Public Service Commission, the Public458
500-Service Commission; and459
501-(G) With respect to the State School Superintendent, the Department of Education.460
502-(b) All constitutional officers shall, subject to the provisions of this chapter, review all of461
503-the rules promulgated by such constitutional officers, their predecessors, or their respective462
504-agencies that are in effect every four years, with the first year of review being the 2028463
505-calendar year. In subsequent review years after 2028, each constitutional officer and such464
506-officer's respective agency that has, in the intervening years since such last review,465
507-decreased the number of its rules by 10 percent or more shall be exempt from review under466
508-this Code section during that year of review.467
509-(c) All rules of a constitutional officer and such officer's respective agency that are468
510-scheduled for review under this Code section shall stand automatically repealed on469
511-December 31 of the review year unless the rules are continued or repromulgated pursuant470
512-to this Code section.471
513-(d) In the year of review, each constitutional officer and such officer's respective agencies472
514-shall undertake an analysis of each of its rules and shall create a written report of the results473
515-of such analysis. Such analysis shall consider:474
516-(1) Whether the benefits sought to be achieved by the rule are being realized and are in475
517-compliance with current law;476
518-(2) Whether such benefits justify the costs of implementing and complying with the477
519-provisions of the rule; and478
520-(3) Whether there are less restrictive and less costly alternatives to accomplish the479
521-desired benefits or results.480
522-S. B. 28 (SUB)
523-- 19 - 25 LC 50 1234S
524-Such analysis shall be completed not later than September 1 of the year of review. Such481
525-analysis shall be published by the constitutional officer on such officer's respective482
526-agency's public website upon its completion and shall be forwarded to the chairpersons of483
527-the House Committee on Budget and Fiscal Affairs Oversight and the Senate Committee484
528-on Government Oversight.485
529-(e) As a part of the rules analysis process, each constitutional officer and such officer's486
530-respective agency shall solicit public input on the impact, cost, and effectiveness of its487
531-rules. The public shall be notified of the opportunity to provide such input in a manner488
532-designed to obtain the widest possible public notification of interested parties, as well as489
533-by mailing such notice to all persons who have requested in writing that they be placed490
534-upon the mailing list maintained by each constitutional officer or such officer's respective491
535-agency for advance notice of its rule-making proceedings. The notice shall include a date492
536-by which public input shall be submitted for consideration which shall be not less than 30493
537-days after the date the notice is published. Such notice shall be published not later than494
538-March 1 of the review year. In addition, each constitutional officer and such officer's495
539-respective agency shall conduct at least two public hearings to receive public comment on496
540-its rules. Such public hearings shall be held in a manner designed to maximize public input497
541-and shall be completed not later than July 1 of the review year.498
542-(f) Constitutional officers and their respective agencies that desire to continue their rules499
543-in effect shall not simply repromulgate the rules and regulations without critical review of500
544-the necessity, effectiveness, and cost of such rules; without considering possible less501
545-onerous, less costly, and more effective alternatives to such rules; and without determining502
546-whether such rules or regulations are actually necessary.503
547-(g) Any rule that a constitutional officer or such officer's respective agency desires to504
548-continue or repromulgate shall be repromulgated in the same manner as for new rules under505
549-this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the506
550-S. B. 28 (SUB)
551-- 20 - 25 LC 50 1234S
552-current regulatory burden and costs of such rule and shall not increase such burden or costs."507
553-PART III508
554-SECTION 3-1.509
555-Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code510
556-Section 31-6-21.1, relating to procedures for rule making by the Department of Community511
557-Health, by revising subsections (c) and (f) as follows:512
558-"(c) Any rule or part thereof to which an objection is made by both committees within the513
559-30 day objection period under subsection (b) of this Code section shall not be adopted by514
560-the department and shall be invalid if so adopted. A rule or part thereof thus prohibited515
561-from being adopted shall be deemed to have been withdrawn by the department unless the516
562-department, within the first 15 days of the next regular session of the General Assembly,517
563-transmits written notification to each member of the objecting committees that the518
564-department does not intend to withdraw that rule or part thereof but intends to adopt the519
565-specified rule or part effective the day following adjournment sine die of that regular520
566-session. A resolution objecting to such intended adoption may be introduced in either521
567-branch house of the General Assembly after the fifteenth day but before the thirtieth day522
568-of the session in which occurs the notification of intent not to withdraw a rule or part523
569-thereof. In the event the resolution is adopted by the branch house of the General524
570-Assembly in which the resolution was introduced, it shall be immediately transmitted to525
571-the other branch house of the General Assembly. It shall be the duty of the presiding526
572-officer of the other branch house to have that branch house, within five days after receipt527
573-of the resolution, consider the resolution for purposes of objecting to the intended adoption528
574-of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote529
575-of each branch house of the General Assembly, the rule or part thereof objected to in that530
576-resolution shall be disapproved and not adopted by the department. If the resolution is531
577-S. B. 28 (SUB)
578-- 21 - 25 LC 50 1234S
579-adopted by a majority but by less than two-thirds of the vote of each such branch house,532
580-the resolution shall be submitted to the Governor for his or her approval or veto. In the533
581-event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution534
582-introduced is not approved by at least a majority of the vote of each such branch house, the535
583-rule shall automatically become adopted the day following adjournment sine die of that536
584-regular session. In the event of the Governor's approval of the resolution, the rule shall be537
585-disapproved and not adopted by the department."538
586-"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)539
587-of this Code section but shall be subject to the requirements of subsection (b) of Code540
588-Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of541
589-any department emergency rules, where those emergency rules are intended to cover542
590-matters which had been dealt with by the department's nonemergency rules but such543
591-nonemergency rules have been objected to by both legislative committees under this Code544
592-section, the emergency rules concerning those matters may not again be adopted except for545
593-one 120 day period. No emergency rule or part thereof which is adopted by the department546
594-shall be valid unless adopted in compliance with this subsection."547
595-SECTION 3-2.548
596-Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended549
597-in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)550
598-of subsection (b) as follows:551
599-"(3) Code Section 50-13-6, except for paragraph (2) of subsection (c) (b);"552
600-S. B. 28 (SUB)
601-- 22 - 25 LC 50 1234S
602-PART IV553
603-SECTION 4-1.554
604-(a) Except as provided for in subsection (b) of this section, this Act shall become effective555
605-upon its approval by the Governor or upon its becoming law without such approval.556
606-(b) Section 2-4 of this Act shall become effective on June 1, 2027.557
607-SECTION 4-2.558
608-All laws and parts of laws in conflict with this Act are repealed.559
609-S. B. 28 (SUB)
610-- 23 -
68+(5) The sponsor of the bill that is the subject of the small business impact analysis;54
69+(6) The individual who requested the small business impact analysis, if such individual55
70+is not listed in paragraphs (1) through (5) of this subsection;56
71+(7) The Secretary of the Senate; and57
72+(8) The Clerk of the House of Representatives.58
73+(c)(1) If a bill that is the subject of a small business impact analysis prepared pursuant59
74+to subsection (a) of this Code section is amended or is proposed to be amended, the60
75+Office of Planning and Budget and the Department of Audits and Accounts shall revise61
76+S. B. 28
77+- 3 - 25 SB 28/CSFA
78+such small business impact analysis to account for the amended version of such bill upon62
79+the request of:63
80+(A) The Governor, the President of the Senate, or any member of the General64
81+Assembly, if such request is made prior to the convening of a session of the General65
82+Assembly; or66
83+(B) The Governor, the President of the Senate, the Speaker of the House of67
84+Representatives, or the chairperson of a committee to which such bill has been68
85+assigned, if such request is made after the convening of a session of the General69
86+Assembly.70
87+(2) A revised small business impact analysis requested pursuant to paragraph (1) of this71
88+subsection shall be prepared and submitted by the director of the Office of Planning and72
89+Budget and the state auditor in the same manner as the original small business impact73
90+analysis pursuant to subsection (b) of this Code section.74
91+(d)(1) The Office of Planning and Budget and the Department of Audits and Accounts75
92+may contract with a person or persons independent of state government to prepare any76
93+small business impact analysis or revised small business impact analysis requested77
94+pursuant to this Code section.78
95+(2) When preparing a small business impact analysis or revised small business impact79
96+analysis requested pursuant to this Code section, the Office of Planning and Budget, the80
97+Department of Audits and Accounts, and any person or persons contracted with under81
98+paragraph (1) of this subsection may consult with other units of state government, units82
99+of local government, and business, industry, and community stakeholders impacted by83
100+or having an interest in the bill that is the subject of such small business impact analysis.84
101+(e) Any small business impact analysis or revised small business impact analysis prepared85
102+for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the86
103+Senate or the Clerk of the House of Representatives and shall be read to the members of87
104+each respective house of the General Assembly at the third reading of such bill. In88
105+S. B. 28
106+- 4 - 25 SB 28/CSFA
107+addition, a copy of each small business impact analysis or revised small business impact89
108+analysis prepared for a bill pursuant to this Code section shall be distributed to each90
109+member of the respective house of the General Assembly before which such bill is pending91
110+prior to any such bill being voted upon by such house of the General Assembly.92
111+28-5-59.93
112+Nothing in this article shall be construed to require any degree of formality of proof of94
113+compliance with any requirement of this article, and any enrolled bill shall be conclusively95
114+presumed to have been enacted in compliance with the requirements of this article."96
115+SECTION 2-2.97
116+Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended98
117+in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or99
118+repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,100
119+by revising subsections (a), (b), (e), and (f) as follows:101
120+"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules102
121+or general statements of policy, the agency shall consider the economic impact of the103
122+proposed rule and shall:104
123+(1) Give at least 30 days' notice of its intended action. The notice shall include an exact105
124+copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be106
125+distributed with and in the same manner as the proposed rule. The synopsis shall contain107
126+a statement of the purpose and the main features of the proposed rule, and, in the case of108
127+a proposed amendatory rule, the synopsis also shall indicate the differences between the109
128+existing rule and the proposed rule. The notice shall also include the exact date on which110
129+the agency shall consider the adoption of the proposed rule and shall include the time and111
130+place in order that interested persons may present their views thereon. The notice shall112
131+also contain a citation of the authority pursuant to which the rule is proposed for adoption113
132+S. B. 28
133+- 5 - 25 SB 28/CSFA
134+and, if the proposal is an amendment or repeal of an existing rule, the existing rule shall114
135+be clearly identified. For any proposed rule for which the agency reasonably anticipates115
136+that $1 million or more in cumulative implementation and compliance costs are116
137+reasonably expected to be incurred by or passed along to individuals, businesses, and117
138+units of local government as the result of the proposed rule over the initial five-year118
139+period following the effective date of such proposed rule, the agency shall prepare and119
140+there shall be included with the notice an economic analysis of the impact of the proposed120
141+rule. If the agency determines that such cumulative implementation and compliance costs121
142+of a proposed rule will be less than $1 million over the initial five-year period following122
143+the effective date of such proposed rule, the agency shall prepare and there shall be123
144+included with the notice a statement explaining the agency's rationale in making such124
145+determination. An economic impact analysis required to be prepared by an agency and125
146+included in the notice of a proposed rule under this paragraph shall include the following:126
147+(A) An estimate, and identification when possible, of the number of individuals,127
148+businesses, and units of local government subject to the proposed rule;128
149+(B) The projected reporting, record keeping, and other administrative costs and time129
150+required for compliance with the proposed rule, including the types of professional130
151+skills necessary for preparation of any documentation, records, or reports required by131
152+the proposed rule;132
153+(C) A statement of the probable effect of the rule on impacted individuals, businesses,133
154+and units of local government;134
155+(D) Whether the proposed rule is mandated by federal law as a requirement for135
156+participating in or implementing a federally subsidized or assisted program and whether136
157+the proposed rule exceeds the requirements of such applicable federal law;137
158+(E) A comparison of the anticipated costs and benefits of the proposed rule;138
159+S. B. 28
160+- 6 - 25 SB 28/CSFA
161+(F) A description of the efforts taken by the agency to minimize the cost and impact139
162+of the proposed rule on individuals, businesses, and units of local government in this140
163+state; and141
164+(G) Such other provisions or information the agency deems reasonably necessary for142
165+the General Assembly and the public to assess the economic impact of the proposed143
166+rule.144
167+The notice shall be mailed to all persons who have requested in writing that they be145
168+placed upon a mailing list which shall be maintained by the agency for advance notice146
169+of its rule-making proceedings and who have tendered the actual cost of such mailing as147
170+from time to time estimated by the agency and to the Office of Planning and Budget or148
171+other designee of the Governor;149
172+(2) Afford to all interested persons reasonable opportunity to submit data, views, or150
173+arguments, orally or in writing. In the case of substantive rules, opportunity for oral151
174+hearing must be granted if requested by 25 persons who will be directly affected by the152
175+proposed rule, by a governmental subdivision, or by an association having not less153
176+than 25 members. The agency shall consider fully all written and oral submissions154
177+respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so155
178+by an interested person either prior to adoption or within 30 days thereafter, shall issue156
179+a concise statement of the principal reasons for and against its adoption and incorporate157
180+therein its reason for overruling the consideration urged against its adoption;158
181+(3) In the formulation and adoption of any rule which will have an economic impact on159
182+businesses in the state, reduce the economic impact of the rule on small businesses which160
183+are independently owned and operated, are not dominant in their field, and161
184+employ 100 300 employees or less fewer by implementing one or more of the following162
185+actions when it is legal and feasible in meeting the stated objectives of the statutes which163
186+are the basis of the proposed rule:164
187+S. B. 28
188+- 7 - 25 SB 28/CSFA
189+(A) Establish differing reduced compliance or reporting requirements or and differing165
190+timetables for small businesses;166
191+(B) Clarify, consolidate, or simplify the compliance and reporting requirements under167
192+the rule for small businesses;168
193+(C) Establish performance rather than design standards for small businesses; or169
194+(D) Exempt small businesses from any or all requirements of the rules;170
195+(4) In the formulation and adoption of any rule which places administrative burdens on171
196+charitable organizations in this state, including, but not limited to, any rule that would172
197+require any new or expanded filing or reporting requirements or that would limit the173
198+ability of charitable organizations to solicit or collect funds, the agency or official shall:174
199+(A) Absent the showing of a compelling state interest, not impose any annual filing or175
200+reporting requirements on an organization regulated or specifically exempted from176
201+regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of177
202+1988,' that are more burdensome than the requirements authorized by applicable law,178
203+and any such filing or reporting requirements shall be narrowly tailored to achieve such179
204+compelling state interest. The requirements of this subparagraph shall not apply to the180
205+state's direct spending programs; and181
206+(B) Email the notice provided for in paragraph (1) of this subsection to each182
207+chairperson of any standing committee in each house as shown on the General183
208+Assembly's public website.184
209+For purposes of this paragraph, the term 'charitable organization' means a nonprofit185
210+charitable organization which is exempt from taxation under the provisions of186
211+Section 501(c)(3) of the United States Internal Revenue Code; and187
212+(5) In the formulation and adoption of any rule, an agency shall choose an alternative188
213+that does not impose excessive regulatory costs on any regulated person or entity which189
214+costs could be reduced by a less expensive alternative that fully accomplishes the stated190
215+objectives of the statutes which are the basis of the proposed rule.191
216+S. B. 28
217+- 8 - 25 SB 28/CSFA
218+(b) If any agency finds that an imminent peril to the public health, safety, or welfare,
219+192
220+including,
221+ but not limited to, summary processes such as quarantines, contrabands,193
222+seizures, and the like authorized by law without notice, requires adoption of a rule,194
223+including a rule that would require an economic impact analysis if adopted pursuant to195
224+subsection (a) of this Code section, upon fewer than 30 days' notice and states in writing196
225+its reasons for that finding, it may proceed without prior notice or hearing or upon any197
226+abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any198
227+such rule adopted relative to a public health emergency shall be submitted as promptly as199
228+reasonably practicable to the House of Representatives and Senate Committees on200
229+Judiciary, provided that any such rule adopted relative to a state of emergency by the State201
230+Election Board shall be submitted as soon as practicable but not later than 20 days prior to202
231+the rule taking effect. Any emergency rule adopted by the State Election Board pursuant203
232+to the provisions of this subsection may be suspended upon the majority vote of the House204
233+of Representatives or Senate Committees on Judiciary within ten days of the receipt of such205
234+rule by the committees. The rule may be effective for a period of not longer than 120 days206
235+but adoption of an emergency rule pursuant to the provisions of this subsection shall not207
236+preclude the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of208
237+this Code section is not precluded; provided, however, that such a rule adopted pursuant209
238+to discharge of responsibility under an executive order declaring a state of emergency or210
239+disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3,211
240+shall be effective for the duration of the emergency or disaster and for a period of not more212
241+than 120 days thereafter."213
242+"(e)(1) The agency shall transmit the notice provided for in paragraph (1) of214
243+subsection (a) of this Code section to the legislative counsel. The notice shall be215
244+transmitted at least 30 days prior to the date of the agency's intended action.216
245+(2) Within three days after receipt of the notice, if possible, the legislative counsel shall217
246+furnish the presiding officers of each house with a copy of the notice, and, except for218
247+S. B. 28
248+- 9 - 25 SB 28/CSFA
249+notices concerning a proposed rule for which an economic impact analysis is required219
250+pursuant to paragraph (1) of subsection (a) of this Code section, the presiding officers220
251+shall assign the notice to the chairperson of the appropriate standing committee in each221
252+house for review and any member thereof who makes a standing written request. In the222
253+event a presiding officer is unavailable for the purpose of making the assignment within223
254+the time limitations, the legislative counsel shall assign the notice to the chairperson of224
255+the appropriate standing committee. The legislative counsel shall also transmit within the225
256+time limitations provided in this subsection a notice of the assignment to the chairperson226
257+of the appropriate standing committee. Each standing committee of the Senate and the227
258+House of Representatives is granted all the rights provided for interested persons and228
259+governmental subdivisions in paragraph (2) of subsection (a) of this Code section.229
260+(3) For any proposed rule that is adopted by an agency for which an economic impact230
261+analysis is required pursuant to paragraph (1) of subsection (a) of this Code section, it231
262+shall be the duty of the agency to notify the presiding officers of the Senate and the232
263+House of Representatives and the legislative counsel of such adoption within ten days233
264+after the adoption of the rule. Such rule may then be considered by the General234
265+Assembly as provided in paragraph (3) of subsection (f) of this Code section.235
266+(f)(1) In the event a standing committee to which a notice is assigned as provided in236
267+subsection (e) of this Code section files an objection objects to a proposed rule prior to237
268+its adoption and the agency adopts the proposed rule over the objection, the rule may be238
269+considered by the branch house of the General Assembly whose committee objected to239
270+its adoption by the introduction of a resolution for the purpose of overriding the rule at240
271+any time within the first 30 days of the next regular session of the General Assembly. It241
272+shall be the duty of any agency which adopts a proposed rule over such objection so to242
273+notify the presiding officers of the Senate and the House of Representatives, the243
274+chairpersons of the Senate and House committees to which the rule was referred, and the244
275+legislative counsel within ten days after the adoption of the rule. In the event the245
276+S. B. 28
277+- 10 - 25 SB 28/CSFA
278+resolution is adopted by such branch house of the General Assembly, it shall be246
279+immediately transmitted to the other branch house of the General Assembly. It shall be247
280+the duty of the presiding officer of the other branch house of the General Assembly to248
281+have such branch house, within five days after the receipt of the resolution, to consider249
282+the resolution for the purpose of overriding the rule. In the event the resolution is250
283+adopted by two-thirds of the votes of each branch house of the General Assembly, the251
284+rule shall be void on the day after the adoption of the resolution by the second branch252
285+house of the General Assembly. In the event the resolution is ratified by less than253
286+two-thirds of the votes of either branch house, the resolution shall be submitted to the254
287+Governor for his or her approval or veto. In the event of his or her the Governor's veto,255
288+or if no resolution is introduced for the purpose of overriding the rule, or if the resolution256
289+introduced is not approved by at least a majority of the vote of each house of the General257
290+Assembly, the rule shall remain in effect adopted and shall become or remain effective258
291+in accordance with the provisions of Code Section 50-13-6. In the event of his or her259
292+approval the Governor's approval of the resolution, the rule shall be void on the day after260
293+the date of his or her approval.261
294+(2) In the event each standing committee to which a notice is assigned as provided in262
295+subsection (e) of this Code section files an objection objects to a proposed rule prior to263
296+its adoption by a two-thirds' vote of the members of the committee who were voting264
297+members on the tenth day of the current session, after having given public notice of the265
298+time, place, and purpose of such vote at least 48 hours in advance, as well as the266
299+opportunity for members of the public, including the promulgating agency, to have a267
300+reasonable time to comment on the proposed committee action at the hearing, the268
301+effectiveness of such rule shall be stayed until the next legislative session at which time269
302+the rule may be considered by the General Assembly by the introduction of a resolution270
303+in either branch of the General Assembly for the purpose of overriding the rule at any271
304+time within the first 30 days of the next regular session of the General Assembly not be272
305+S. B. 28
306+- 11 - 25 SB 28/CSFA
307+adopted by the promulgating agency and shall instead be deemed withdrawn by the273
308+promulgating agency unless such agency, within the first 15 days of the next regular274
309+session of the General Assembly, transmits written notification to the chairpersons of the275
310+objecting committees that such agency does not intend to withdraw such rule but instead276
311+intends to adopt such rule following adjournment sine die of that regular session. Such277
312+notification shall include a detailed statement setting forth the basis for and necessity of278
313+the proposed rule, an explanation of how the adoption of the proposed rule is within the279
314+authority of the promulgating agency, any alternatives to the proposed rule considered280
315+by the promulgating agency, and the potential costs or adverse effects of the proposed281
316+rule, as well as the identification of those likely to bear such costs or adverse effects. A282
317+resolution objecting to the intended adoption of the proposed rule may be introduced in283
318+either house of the General Assembly after the fifteenth day but before the thirtieth day284
319+of the regular session in which the notice of intent not to withdraw the proposed rule was285
320+given by the promulgating agency in accordance with this paragraph. In the event the286
321+resolution is adopted by the branch house of the General Assembly in which it was287
322+introduced, it shall be immediately transmitted to the other branch house of the General288
323+Assembly. It shall be the duty of the presiding officer of the other branch house of the289
324+General Assembly to have such branch house, within five days after the receipt of the290
325+resolution, to consider the resolution for the purpose of overriding objecting to the291
326+intended adoption of the proposed rule. In the event the resolution is adopted by292
327+two-thirds of the votes of each branch house of the General Assembly, the proposed rule293
328+shall be void on the day after the adoption of the resolution by the second branch of the294
329+General Assembly shall be disapproved and shall not be adopted by the promulgating295
330+agency. In the event the resolution is ratified by less than two-thirds of the votes of either296
331+branch house, the resolution shall be submitted to the Governor for his or her approval297
332+or veto. In the event of his or her the Governor's veto, the rule shall remain in effect or298
333+if no resolution is introduced objecting to the proposed rule, or if the resolution299
334+S. B. 28
335+- 12 - 25 SB 28/CSFA
336+introduced is not approved by at least a majority of the vote of each house of the General300
337+Assembly, the proposed rule shall automatically become adopted the day following301
338+adjournment sine die of that regular session and shall become effective in accordance302
339+with the provisions of Code Section 50-13-6. In the event of his or her the Governor's303
340+approval of the resolution, the proposed rule shall be void on the day after the date of his304
341+or her approval disapproved and shall not be adopted by the promulgating agency. If305
342+after the thirtieth legislative day of the legislative session of which the challenged rule306
343+was to be considered the General Assembly has not considered an override of the307
344+challenged rule pursuant to this subsection, the rule shall then immediately take effect.308
345+(3) Any proposed rule for which an economic impact analysis is required pursuant to309
346+paragraph (1) of subsection (a) of this Code section that is adopted by an agency may be310
347+considered by either house of the General Assembly by the introduction of a resolution311
348+for the purpose of ratifying the rule at any time within the first 30 days of the next regular312
349+session of the General Assembly. In the event the resolution is adopted by a house of the313
350+General Assembly, it shall be immediately transmitted to the other house of the General314
351+Assembly. It shall be the duty of the presiding officer of the other house of the General315
352+Assembly to have such house, within five days after the receipt of the resolution, to316
353+consider the resolution for the purpose of ratifying the rule. In the event the resolution317
354+is adopted by two-thirds of the votes of each house of the General Assembly, the rule318
355+shall remain adopted and shall become effective in accordance with the provisions of319
356+Code Section 50-13-6. In the event the resolution is ratified by less than two-thirds of the320
357+votes of either house, the resolution shall be submitted to the Governor for his or her321
358+approval or veto. In the event of the Governor's approval of the resolution, the rule shall322
359+remain adopted and shall become effective in accordance with the provisions of Code323
360+Section 50-13-6. In the event of the Governor's veto, or if no resolution is introduced for324
361+the purpose of ratifying the rule, or if the resolution introduced is not approved by at least325
362+S. B. 28
363+- 13 - 25 SB 28/CSFA
364+a majority of the vote of each house of the General Assembly, the rule shall be void and326
365+shall not take effect."327
366+SECTION 2-3.328
367+Said title is further amended by revising Code Section 50-13-6, relating to rules not effective329
368+until 20 days after filed with the Secretary of State, maintenance of record of the rules,330
369+exceptions, and rules governing manner and form of filing, as follows:331
370+"50-13-6.332
371+(a)(1) Each rule adopted after July 1, 1965, shall not become effective until the333
372+expiration of 20 days after the rule is filed in the office of the Secretary of State Except334
373+for emergency rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule335
374+that is adopted shall not become effective unless it is filed with the office of the Secretary336
375+of State and such rule, if filed with the office of the Secretary of State between January 1337
376+and June 30 of a calendar year, shall become effective on July 1 of that year or, if filed338
377+with the office of the Secretary of State between July 1 and December 31 of a calendar339
378+year, shall become effective on January 1 of the immediately succeeding calendar year. 340
379+Each rule so filed shall contain a citation of the authority pursuant to which it was341
380+adopted and, if an amendment or repeal of an existing rule, shall clearly identify the342
381+original rule.343
382+(2) No adopted rule for which an economic impact analysis is required pursuant to344
383+paragraph (1) of subsection (a) of Code Section 50-13-4 shall be filed with the office of345
384+the Secretary of State, and such office shall not accept the filing of such rule, unless and346
385+until such rule is ratified in accordance with paragraph (3) of subsection (f) of Code347
386+Section 50-13-4. Once such rule is so ratified, it may be filed with the office of the348
387+Secretary of State and take effect in accordance with the provisions of paragraph (1) of349
388+this subsection based on the date such rule is so filed.350
389+(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:351
390+S. B. 28
391+- 14 - 25 SB 28/CSFA
392+(1) Become effective immediately upon its adoption or on such later date as the352
393+promulgating agency may prescribe and may be effective for a period of not longer than353
394+120 days; provided, however, that such an emergency rule adopted pursuant to a354
395+discharge of responsibility under an executive order declaring that a state of emergency355
396+or disaster exists as a result of a public health emergency, as defined in Code Section356
397+38-3-3, shall be effective for the duration of the emergency or disaster and for a period357
398+of not more than 120 days thereafter; and358
399+(2) Be filed, along with a copy of the finding as required by subsection (b) of Code359
400+Section 50-13-4, with the office of the Secretary of State within four days after its360
401+adoption.361
402+(b)(c) The Secretary of State shall endorse on each rule thus filed the time and date of362
403+filing and shall maintain a record of the rules for public inspection.363
404+(c) The 20 day filing period is subject to the following exceptions:364
405+(1) Where a statute or the terms of the rule require a date which is later than the 20 day365
406+period, then the later date is the effective date; and366
407+(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may367
408+become effective immediately upon adoption or within a period of less than 20 days. The368
409+emergency rule, with a copy of the finding as required by subsection (b) of Code369
410+Section 50-13-4, shall be filed with the office of the Secretary of State within four370
411+working days after its adoption.371
412+(d) The Secretary of State shall prescribe rules governing the manner and form in which372
413+regulations shall be prepared for filing. The Secretary may refuse to accept for filing any373
414+rule that does not conform to such requirements."374
415+SECTION 2-4.375
416+Said title is further amended by adding new Code sections to read as follows:376
417+"50-13-24.377
418+S. B. 28
419+- 15 - 25 SB 28/CSFA
420+(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the378
421+Governor shall establish and publish a schedule for the review of the rules of all agencies,379
422+subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews380
423+occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning381
424+and Budget or other designee of the Governor shall take into consideration the volume of382
425+rules that will be subject to review in any given year and the ability of the public to provide383
426+meaningful input into such reviews. An agency that has been through a review under this384
427+Code section previously and, in the intervening years since such last review, has decreased385
428+the number of its rules by 10 percent or more shall be exempt from review under this Code386
429+section during that cycle.387
430+(b) The Office of Planning and Budget or other designee of the Governor shall notify in388
431+December of the immediately preceding year each agency whose rules are subject to389
432+review in a given calendar year of the upcoming review period. All rules of an agency that390
433+are scheduled for review under this Code section shall stand automatically repealed on391
434+December 31 of the review year unless the rules are continued or repromulgated pursuant392
435+to this Code section.393
436+(c) In the year of review, each agency shall undertake an analysis of each of its rules and394
437+shall create a written report of the results of such analysis. Such analysis shall consider:395
438+(1) Whether the benefits sought to be achieved by the rule are being realized and are in396
439+compliance with current law;397
440+(2) Whether such benefits justify the costs of implementing and complying with the398
441+provisions of the rule; and399
442+(3) Whether there are less restrictive and less costly alternatives to accomplish the400
443+desired benefits or results.401
444+The Office of Planning and Budget or other designee of the Governor shall develop and402
445+provide to each agency a standardized process and forms for such analysis and shall make403
446+such process and forms available on the Office of Planning and Budget's public website not404
447+S. B. 28
448+- 16 - 25 SB 28/CSFA
449+later than October 1, 2027. Such analysis shall be completed not later than September 1405
450+of the year of review. Such analysis shall be published on the agency's public website upon406
451+its completion and shall be submitted to the Office of Planning and Budget or other407
452+designee of the Governor for review.408
453+(d) As a part of the rules analysis process, each agency shall solicit public input on the409
454+impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity410
455+to provide such input in a manner designed to obtain the widest possible public notification411
456+of interested parties, as well as by mailing such notice to all persons who have requested412
457+in writing that they be placed upon the mailing list maintained by the agency for advance413
458+notice of its rule-making proceedings. The notice shall include a date by which public414
459+input shall be submitted for consideration which shall be not less than 30 days after the date415
460+the notice is published. Such notice shall be published not later than March 1 of the review416
461+year. In addition, the agency shall conduct at least two public hearings to receive public417
462+comment on its rules. Such public hearings shall be held in a manner designed to418
463+maximize public input and shall be completed not later than July 1 of the review year.419
464+(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the420
465+rules and regulations without critical review of the necessity, effectiveness, and cost of421
466+such rules; without considering possible less onerous, less costly, and more effective422
467+alternatives to such rules; and without determining whether such rules or regulations are423
468+actually necessary.424
469+(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in425
470+the same manner as for new rules under this chapter. Any continuation or repromulgation426
471+of a rule shall reduce or maintain the current regulatory burden and costs of such rule and427
472+shall not increase such burden or costs.428
473+(g) The provisions of this Code section shall not apply to constitutional officers or their429
474+respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.430
475+S. B. 28
476+- 17 - 25 SB 28/CSFA
477+50-13-25.431
478+(a) As used in this Code section, the term:432
479+(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the433
480+Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of434
481+Labor, the commissioners of the Public Service Commission, and the State School435
482+Superintendent.436
483+(2) 'Respective agency' means:437
484+(A) With respect to the Attorney General, the Department of Law;438
485+(B) With respect to the Secretary of State, the office of the Secretary of State;439
486+(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;440
487+(D) With respect to the Commissioner of Insurance, the Department of Insurance;441
488+(E) With respect to the Commissioner of Labor, the Department of Labor;442
489+(F) With respect to the commissioners of the Public Service Commission, the Public443
490+Service Commission; and444
491+(G) With respect to the State School Superintendent, the Department of Education.445
492+(b) All constitutional officers shall, subject to the provisions of this chapter, review all of446
493+the rules promulgated by such constitutional officers, their predecessors, or their respective447
494+agencies that are in effect every four years, with the first year of review being the 2028448
495+calendar year. In subsequent review years after 2028, each constitutional officer and such449
496+officer's respective agency that has, in the intervening years since such last review,450
497+decreased the number of its rules by 10 percent or more shall be exempt from review under451
498+this Code section during that year of review.452
499+(c) All rules of a constitutional officer and such officer's respective agency that are453
500+scheduled for review under this Code section shall stand automatically repealed on454
501+December 31 of the review year unless the rules are continued or repromulgated pursuant455
502+to this Code section.456
503+S. B. 28
504+- 18 - 25 SB 28/CSFA
505+(d) In the year of review, each constitutional officer and such officer's respective agencies457
506+shall undertake an analysis of each of its rules and shall create a written report of the results458
507+of such analysis. Such analysis shall consider:459
508+(1) Whether the benefits sought to be achieved by the rule are being realized and are in460
509+compliance with current law;461
510+(2) Whether such benefits justify the costs of implementing and complying with the462
511+provisions of the rule; and463
512+(3) Whether there are less restrictive and less costly alternatives to accomplish the464
513+desired benefits or results.465
514+Such analysis shall be completed not later than September 1 of the year of review. Such466
515+analysis shall be published by the constitutional officer on such officer's respective467
516+agency's public website upon its completion.468
517+(e) As a part of the rules analysis process, each constitutional officer and such officer's469
518+respective agency shall solicit public input on the impact, cost, and effectiveness of its470
519+rules. The public shall be notified of the opportunity to provide such input in a manner471
520+designed to obtain the widest possible public notification of interested parties, as well as472
521+by mailing such notice to all persons who have requested in writing that they be placed473
522+upon the mailing list maintained by each constitutional officer or such officer's respective474
523+agency for advance notice of its rule-making proceedings. The notice shall include a date475
524+by which public input shall be submitted for consideration which shall be not less than 30476
525+days after the date the notice is published. Such notice shall be published not later than477
526+March 1 of the review year. In addition, each constitutional officer and such officer's478
527+respective agency shall conduct at least two public hearings to receive public comment on479
528+its rules. Such public hearings shall be held in a manner designed to maximize public input480
529+and shall be completed not later than July 1 of the review year.481
530+(f) Constitutional officers and their respective agencies that desire to continue their rules482
531+in effect shall not simply repromulgate the rules and regulations without critical review of483
532+S. B. 28
533+- 19 - 25 SB 28/CSFA
534+the necessity, effectiveness, and cost of such rules; without considering possible less484
535+onerous, less costly, and more effective alternatives to such rules; and without determining485
536+whether such rules or regulations are actually necessary.486
537+(g) Any rule that a constitutional officer or such officer's respective agency desires to487
538+continue or repromulgate shall be repromulgated in the same manner as for new rules under488
539+this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the489
540+current regulatory burden and costs of such rule and shall not increase such burden or490
541+costs."491
542+PART III492
543+SECTION 3-1.493
544+Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code494
545+Section 31-6-21.1, relating to procedures for rule making by the Department of Community495
546+Health, by revising subsections (c) and (f) as follows:496
547+"(c) Any rule or part thereof to which an objection is made by both committees within the497
548+30 day objection period under subsection (b) of this Code section shall not be adopted by498
549+the department and shall be invalid if so adopted. A rule or part thereof thus prohibited499
550+from being adopted shall be deemed to have been withdrawn by the department unless the500
551+department, within the first 15 days of the next regular session of the General Assembly,501
552+transmits written notification to each member of the objecting committees that the502
553+department does not intend to withdraw that rule or part thereof but intends to adopt the503
554+specified rule or part effective the day following adjournment sine die of that regular504
555+session. A resolution objecting to such intended adoption may be introduced in either505
556+branch house of the General Assembly after the fifteenth day but before the thirtieth day506
557+of the session in which occurs the notification of intent not to withdraw a rule or part507
558+thereof. In the event the resolution is adopted by the branch house of the General508
559+S. B. 28
560+- 20 - 25 SB 28/CSFA
561+Assembly in which the resolution was introduced, it shall be immediately transmitted to
562+509
563+the other branch
564+ house of the General Assembly. It shall be the duty of the presiding510
565+officer of the other branch house to have that branch house, within five days after receipt511
566+of the resolution, consider the resolution for purposes of objecting to the intended adoption512
567+of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote513
568+of each branch house of the General Assembly, the rule or part thereof objected to in that514
569+resolution shall be disapproved and not adopted by the department. If the resolution is515
570+adopted by a majority but by less than two-thirds of the vote of each such branch house,516
571+the resolution shall be submitted to the Governor for his or her approval or veto. In the517
572+event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution518
573+introduced is not approved by at least a majority of the vote of each such branch house, the519
574+rule shall automatically become adopted the day following adjournment sine die of that520
575+regular session. In the event of the Governor's approval of the resolution, the rule shall be521
576+disapproved and not adopted by the department."522
577+"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)523
578+of this Code section but shall be subject to the requirements of subsection (b) of Code524
579+Section 50-13-4 and subsection (b) of Code Section 50-13-6. Upon the first expiration of525
580+any department emergency rules, where those emergency rules are intended to cover526
581+matters which had been dealt with by the department's nonemergency rules but such527
582+nonemergency rules have been objected to by both legislative committees under this Code528
583+section, the emergency rules concerning those matters may not again be adopted except for529
584+one 120 day period. No emergency rule or part thereof which is adopted by the department530
585+shall be valid unless adopted in compliance with this subsection."531
586+SECTION 3-2.532
587+S. B. 28
588+- 21 - 25 SB 28/CSFA
589+Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
590+533
591+in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)534
592+of subsection (b) as follows:535
593+"(3) Code Section 50-13-6, except for paragraph (2) of
594+ subsection (c)(b);"536
595+PART IV537
596+SECTION 4-1.538
597+(a) Except as provided for in subsection (b) of this section, this Act shall become effective539
598+upon its approval by the Governor or upon its becoming law without such approval.540
599+(b) Section 2-4 of this Act shall become effective on June 1, 2027.541
600+SECTION 4-2.542
601+All laws and parts of laws in conflict with this Act are repealed.543
602+S. B. 28
603+- 22 -