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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71 | | - | - 3 - 25 LC 50 1234S |
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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) |
---|
99 | | - | - 4 - 25 LC 50 1234S |
---|
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) |
---|
126 | | - | - 5 - 25 LC 50 1234S |
---|
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) |
---|
154 | | - | - 6 - 25 LC 50 1234S |
---|
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) |
---|
183 | | - | - 7 - 25 LC 50 1234S |
---|
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) |
---|
211 | | - | - 8 - 25 LC 50 1234S |
---|
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) |
---|
240 | | - | - 9 - 25 LC 50 1234S |
---|
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) |
---|
268 | | - | - 10 - 25 LC 50 1234S |
---|
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) |
---|
296 | | - | - 11 - 25 LC 50 1234S |
---|
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) |
---|
325 | | - | - 12 - 25 LC 50 1234S |
---|
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) |
---|
354 | | - | - 13 - 25 LC 50 1234S |
---|
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) |
---|
382 | | - | - 14 - 25 LC 50 1234S |
---|
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 |
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| 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 |
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| 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 |
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| 447 | + | S. B. 28 |
---|
| 448 | + | - 16 - 25 SB 28/CSFA |
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| 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 - |
---|