The House Committee on Budget and Fiscal Affairs Oversight offers the following
substitute to SB 28:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 28, 31, and 50 of the Official Code of Georgia Annotated, relating to the
General Assembly, health, and state government, respectively, so as to provide for
procedures and processes concerning the enactment of legislation and the adoption of rules
and regulations; to provide definitions; to provide for the preparation and submission of
small business impact analyses for bills introduced during sessions of the General Assembly;
to provide for contracting; to provide for the revision of small business impact analyses; to
provide for legislative construction; to revise procedures concerning the adoption of
administrative rules; to revise procedures within the General Assembly concerning objections
to proposed administrative rules; to provide for effective dates for adopted administrative
rules; to provide for periodic review and sunset of administrative rules; to conform
cross-references; to provide for related matters; to provide a short title; to provide effective
dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
This Act shall be known and may be cited as the "Red Tape Rollback Act of 2025."
PART II
SECTION 2-1.
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is
amended in Chapter 5, relating to financial affairs, by adding a new article to read as follows:
<ins>"ARTICLE 3B
28-5-57.
As used in this article, the term 'small business' means a business that is independently
owned and operated, is not dominant in its field, and employs 300 or fewer employees.
28-5-58.
(a) Prior to the convening of a session of the General Assembly, the Governor, the
President of the Senate, or any member of the General Assembly may request that the
Office of Planning and Budget and the Department of Audits and Accounts prepare a small
business impact analysis of any bill; provided, however, that no member of the General
Assembly who is not the Speaker of the House of Representatives or the chairperson of a
standing committee shall be permitted to request a small business impact analysis for more
than three bills during any one period that the General Assembly is not in session.
Following the convening of a session of the General Assembly, a small business impact
analysis for a bill may only be requested by the Governor, the President of the Senate, the
</ins>
<ins>Speaker of the House of Representatives, or the chairperson of a committee to which such
bill has been assigned. A small business impact analysis shall estimate the economic costs
and benefits that such bill may have on small businesses in the state and shall include, if
any, the estimated impacts on:
(1) The costs of providing goods and services;
(2) The availability and cost of workers;
(3) Industry competition or consumer choice; and
(4) Potential costs of compliance.
(b) A small business impact analysis requested pursuant to subsection (a) of this Code
section shall be prepared and submitted by the director of the Office of Planning and
Budget and the state auditor within 30 days after receipt of the request or, if requested
during a session of the General Assembly, within ten days after receipt of such request. A
copy of the small business impact analysis shall be submitted to:
(1) The Governor;
(2) The President of the Senate;
(3) The Speaker of the House of Representatives;
(4) The chairperson of the committee to which the bill that is the subject of the small
business impact analysis is assigned in the house of the General Assembly in which the
bill was introduced;
(5) The chairperson of the House Committee on Budget and Fiscal Affairs Oversight;
(6) The chairperson of the Senate Committee on Government Oversight;
(7) The sponsor of the bill that is the subject of the small business impact analysis;
(8) The individual who requested the small business impact analysis, if such individual
is not listed in paragraphs (1) through (7) of this subsection;
(9) The Secretary of the Senate; and
(10) The Clerk of the House of Representatives.
</ins>
<ins>(b.1) A small business impact analysis requested pursuant to this Code section shall be
posted on the public website in the same manner as fiscal notes.
(c)(1) If a bill that is the subject of a small business impact analysis prepared pursuant
to subsection (a) of this Code section is amended or is proposed to be amended, the
Office of Planning and Budget and the Department of Audits and Accounts shall revise
such small business impact analysis to account for the amended version of such bill upon
the request of:
(A) The Governor, the President of the Senate, or any member of the General
Assembly, if such request is made prior to the convening of a session of the General
Assembly; or
(B) The Governor, the President of the Senate, the Speaker of the House of
Representatives, or the chairperson of a committee to which such bill has been
assigned, if such request is made after the convening of a session of the General
Assembly.
(2) A revised small business impact analysis requested pursuant to paragraph (1) of this
subsection shall be prepared and submitted by the director of the Office of Planning and
Budget and the state auditor in the same manner as the original small business impact
analysis pursuant to subsection (b) of this Code section.
(d)(1) The Office of Planning and Budget and the Department of Audits and Accounts
may contract with a person or persons independent of state government to prepare any
small business impact analysis or revised small business impact analysis requested
pursuant to this Code section.
(2) When preparing a small business impact analysis or revised small business impact
analysis requested pursuant to this Code section, the Office of Planning and Budget, the
Department of Audits and Accounts, and any person or persons contracted with under
paragraph (1) of this subsection may consult with other units of state government, units
</ins>
<ins>of local government, and business, industry, and community stakeholders impacted by
or having an interest in the bill that is the subject of such small business impact analysis.
(e) Any small business impact analysis or revised small business impact analysis prepared
for a bill pursuant to this Code section shall be attached to the bill by the Secretary of the
Senate or the Clerk of the House of Representatives and shall be read to the members of
each respective house of the General Assembly at the third reading of such bill. In
addition, a copy of each small business impact analysis or revised small business impact
analysis prepared for a bill pursuant to this Code section shall be distributed to each
member of the respective house of the General Assembly before which such bill is pending
prior to any such bill being voted upon by such house of the General Assembly.
28-5-59.
Nothing in this article shall be construed to require any degree of formality of proof of
compliance with any requirement of this article, and any enrolled bill shall be conclusively
presumed to have been enacted in compliance with the requirements of this article."
</ins> SECTION 2-2.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or
repeal of rules, emergency rules, limitation on action to contest rule, and legislative override,
by revising subsections (a), (b), (e), and (f) as follows:
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules
or general statements of policy, the agency shall <ins>consider the economic impact of the
proposed rule and shall:
</ins> (1) Give at least 30 days' notice of its intended action. The notice shall include an exact
copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be
distributed with and in the same manner as the proposed rule. The synopsis shall contain
a statement of the purpose and the main features of the proposed rule, and, in the case of
a proposed amendatory rule, the synopsis also shall indicate the differences between the
existing rule and the proposed rule. The notice shall also include the exact date on which
the agency shall consider the adoption of the <ins>proposed</ins> rule and shall include the time and
place in order that interested persons may present their views thereon. The notice shall
also contain a citation of the authority pursuant to which the rule is proposed for adoption
and, if the proposal is an amendment or repeal of an existing rule, the <ins>existing</ins> rule shall
be clearly identified. <ins>For any proposed rule for which the agency reasonably anticipates
that $3 million or more in cumulative implementation and compliance costs are
reasonably expected to be incurred by or passed along to individuals, businesses, and
units of local government as the result of the proposed rule over the initial five-year
period following the effective date of such proposed rule, the agency shall prepare and
there shall be included with the notice an economic analysis of the impact of the proposed
rule; provided, however, that no economic impact analysis shall be required of any
proposed rule or amendment that is mandated by federal law or agency regulation or is
a requirement for participating in or implementing a federally subsidized or assisted
program. If the agency determines that such cumulative implementation and compliance
costs of a proposed rule will be less than $3 million over the initial five-year period
following the effective date of such proposed rule or if the proposed rule is mandated by
federal law, the agency shall prepare and there shall be included with the notice a
statement explaining the agency's rationale in making such determination or citing the
federal authority that requires such proposed rule. An economic impact analysis required
to be prepared by an agency and included in the notice of a proposed rule under this
paragraph shall include the following:
(A) An estimate, and identification when possible, of the number of individuals,
businesses, and units of local government subject to the proposed rule;
</ins>
<ins>(B) The projected reporting, record keeping, and other administrative costs and time
required for compliance with the proposed rule, including the types of professional
skills necessary for preparation of any documentation, records, or reports required by
the proposed rule;
(C) A statement of the probable effect of the rule on impacted individuals, businesses,
and units of local government;
(D) A comparison of the anticipated costs and benefits of the proposed rule;
(E) A description of the efforts taken by the agency to minimize the cost and impact
of the proposed rule on individuals, businesses, and units of local government in this
state; and
(F) Such other provisions or information the agency deems reasonably necessary for
the General Assembly and the public to assess the economic impact of the proposed
rule.
</ins> The notice shall be mailed to all persons who have requested in writing that they be
placed upon a mailing list which shall be maintained by the agency for advance notice
of its rule-making proceedings and who have tendered the actual cost of such mailing as
from time to time estimated by the agency <ins>and to the Office of Planning and Budget or
other designee of the Governor;
</ins> (2) Afford to all interested persons reasonable opportunity to submit data, views, or
arguments, orally or in writing. In the case of substantive rules, opportunity for oral
hearing must be granted if requested by 25 persons who will be directly affected by the
proposed rule, by a governmental subdivision, or by an association having not less
than 25 members. The agency shall consider fully all written and oral submissions
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so
by an interested person either prior to adoption or within 30 days thereafter, shall issue
a concise statement of the principal reasons for and against its adoption and incorporate
therein its reason for overruling the consideration urged against its adoption;
(3) In the formulation and adoption of any rule which will have an economic impact on
businesses in the state, reduce the economic impact of the rule on small businesses which
are independently owned and operated, are not dominant in their field, and
employ <del>100</del> <ins>300</ins> employees or <del>less</del> <ins>fewer</ins> by implementing one or more of the following
actions when it is legal and feasible in meeting the stated objectives of the statutes which
are the basis of the proposed rule:
(A) Establish <del>differing</del> <ins>reduced</ins> compliance or reporting requirements <del>or</del> <ins>and differing
</ins> timetables for small businesses;
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under
the rule for small businesses;
(C) Establish performance rather than design standards for small businesses; or
(D) Exempt small businesses from any or all requirements of the rules;
(4) In the formulation and adoption of any rule which places administrative burdens on
charitable organizations in this state, including, but not limited to, any rule that would
require any new or expanded filing or reporting requirements or that would limit the
ability of charitable organizations to solicit or collect funds, <del>the agency or official shall:
</del> (A) Absent the showing of a compelling state interest, not impose any annual filing or
reporting requirements on an organization regulated or specifically exempted from
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of
1988,' that are more burdensome than the requirements authorized by applicable law,
and any such filing or reporting requirements shall be narrowly tailored to achieve such
compelling state interest. The requirements of this subparagraph shall not apply to the
state's direct spending programs; and
(B) Email the notice provided for in paragraph (1) of this subsection to each
chairperson of any standing committee in each house as shown on the General
Assembly's <ins>public</ins> website.
For purposes of this paragraph, the term 'charitable organization' means a nonprofit
charitable organization which is exempt from taxation under the provisions of
Section 501(c)(3) of the United States Internal Revenue Code; and
(5) In the formulation and adoption of any rule, <del>an agency shall</del> choose an alternative
that does not impose excessive regulatory costs on any regulated person or entity which
costs could be reduced by a less expensive alternative that fully accomplishes the stated
objectives of the statutes which are the basis of the proposed rule.
(b) If any agency finds that an imminent peril to the public health, safety, or welfare,
including, but not limited to, summary processes such as quarantines, contrabands,
seizures, and the like authorized by law without notice, requires adoption of a rule,
<ins>including a rule that would require an economic impact analysis if adopted pursuant to
subsection (a) of this Code section,</ins> upon fewer than 30 days' notice and states in writing
its reasons for that finding, it may proceed without prior notice or hearing or upon any
abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any
such rule adopted relative to a public health emergency shall be submitted as promptly as
reasonably practicable to the House of Representatives and Senate Committees on
Judiciary, provided that any such rule adopted relative to a state of emergency by the State
Election Board shall be submitted as soon as practicable but not later than 20 days prior to
the rule taking effect. Any emergency rule adopted by the State Election Board pursuant
to the provisions of this subsection may be suspended upon the majority vote of the House
of Representatives or Senate Committees on Judiciary within ten days of the receipt of such
rule by the committees. The <del>rule may be effective for a period of not longer than 120 days
but</del> <ins>adoption of an emergency rule pursuant to the provisions of this subsection shall not
preclude</ins> the adoption of an identical rule under <del>paragraphs (1) and (2) of</del> subsection (a) of
this Code section <del>is not precluded; provided, however, that such a rule adopted pursuant
to discharge of responsibility under an executive order declaring a state of emergency or
disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3,
</del>
<del>shall be effective for the duration of the emergency or disaster and for a period of not more
than 120 days thereafter."
</del> "(e)(1) The agency shall transmit the notice provided for in paragraph (1) of
subsection (a) of this Code section to the legislative counsel. The notice shall be
transmitted at least 30 days prior to the date of the agency's intended action.
<ins>(2)</ins> Within three days after receipt of the notice, if possible, the legislative counsel shall
furnish the presiding officers of each house with a copy of the notice, and, <ins>except for
notices concerning a proposed rule for which an economic impact analysis is required
pursuant to paragraph (1) of subsection (a) of this Code section, which shall be forwarded
to the chairpersons of the House Committee on Budget and Fiscal Affairs Oversight and
the Senate Committee on Government Oversight,</ins> the presiding officers shall assign the
notice to the chairperson of the appropriate standing committee in each house for review
and any member thereof who makes a standing written request. In the event a presiding
officer is unavailable for the purpose of making the assignment within the time
limitations, the legislative counsel shall assign the notice to the chairperson of the
appropriate standing committee. The legislative counsel shall also transmit within the
time limitations provided in this subsection a notice of the assignment to the chairperson
of the appropriate standing committee. Each standing committee of the Senate and the
House of Representatives is granted all the rights provided for interested persons and
governmental subdivisions in paragraph (2) of subsection (a) of this Code section.
<ins>(3) For any proposed rule that is adopted by an agency for which an economic impact
analysis is required pursuant to paragraph (1) of subsection (a) of this Code section, it
shall be the duty of the agency to notify the presiding officers of the Senate and the
House of Representatives, the chairpersons of the House Committee on Budget and Fiscal
Affairs Oversight and the Senate Committee on Government Oversight, and the
legislative counsel of such adoption within ten days after the adoption of the rule. Such
</ins>
<ins>rule may then be considered by the General Assembly as provided in paragraph (3) of
subsection (f) of this Code section.
</ins> (f)(1) In the event a standing committee to which a notice is assigned as provided in
subsection (e) of this Code section <del>files an objection</del> <ins>objects</ins> to a proposed rule prior to
its adoption and the agency adopts the proposed rule over the objection, the rule may be
considered by the <del>branch</del> <ins>house</ins> of the General Assembly whose committee objected to
its adoption by the introduction of a resolution for the purpose of overriding the rule at
any time within the first 30 days of the next regular session of the General Assembly. It
shall be the duty of any agency which adopts a proposed rule over such objection so to
notify the presiding officers of the Senate and the House of Representatives, the
chairpersons of the Senate and House committees to which the rule was referred, and the
legislative counsel within ten days after the adoption of the rule. In the event the
resolution is adopted by such <del>branch</del> <ins>house</ins> of the General Assembly, it shall be
immediately transmitted to the other <del>branch</del> <ins>house</ins> of the General Assembly. It shall be
the duty of the presiding officer of the other <del>branch</del> <ins>house</ins> of the General Assembly to
have such <del>branch</del> <ins>house,</ins> within five days after the receipt of the resolution, to consider
the resolution for the purpose of overriding the rule. In the event the resolution is
adopted by two-thirds of the votes of each <del>branch</del> <ins>house</ins> of the General Assembly, the
rule shall be void on the day after the adoption of the resolution by the second <del>branch
</del> <ins>house</ins> of the General Assembly. In the event the resolution is ratified by less than
two-thirds of the votes of either <del>branch</del> <ins>house,</ins> the resolution shall be submitted to the
Governor for his or her approval or veto. In the event of <del>his or her</del> <ins>the Governor's</ins> veto,
<ins>or if no resolution is introduced for the purpose of overriding the rule, or if the resolution
introduced is not approved by at least a majority of the vote of each house of the General
Assembly,</ins> the rule shall remain <del>in effect</del> <ins>adopted and shall become or remain effective
in accordance with the provisions of Code Section 50-13-6.</ins> In the event of <del>his or her
</del>
<del>approval</del> <ins>the Governor's approval of the resolution,</ins> the rule shall be void on the day after
the date of his or her approval.
(2) In the event each standing committee to which a notice is assigned as provided in
subsection (e) of this Code section <del>files an objection</del> <ins>objects</ins> to a proposed rule prior to
its adoption by a two-thirds' vote of the members of the committee <del>who were voting
members on the tenth day of the current session,</del> after having given public notice of the
time, place, and purpose of such vote at least 48 hours in advance, as well as the
opportunity for members of the public, including the promulgating agency, to have a
reasonable time to comment on the proposed committee action at the hearing, <del>the
effectiveness of</del> such rule shall <del>be stayed until the next legislative session at which time
the rule may be considered by the General Assembly by the introduction of a resolution
in either branch of the General Assembly for the purpose of overriding the rule at any
time within the first 30 days of the next regular session of the General Assembly</del> <ins>not be
adopted by the promulgating agency and shall instead be deemed withdrawn by the
promulgating agency unless such agency, within the first 15 days of the next regular
session of the General Assembly, transmits written notification to the chairpersons of the
objecting committees that such agency does not intend to withdraw such rule but instead
intends to adopt such rule following adjournment sine die of that regular session. Such
notification shall include a detailed statement setting forth the basis for and necessity of
the proposed rule, an explanation of how the adoption of the proposed rule is within the
authority of the promulgating agency, any alternatives to the proposed rule considered
by the promulgating agency, and the potential costs or adverse effects of the proposed
rule, as well as the identification of those likely to bear such costs or adverse effects. A
resolution objecting to the intended adoption of the proposed rule may be introduced in
either house of the General Assembly after the fifteenth day but before the thirtieth day
of the regular session in which the notice of intent not to withdraw the proposed rule was
given by the promulgating agency in accordance with this paragraph.</ins> In the event the
resolution is adopted by the <del>branch</del> <ins>house</ins> of the General Assembly in which it was
introduced, it shall be immediately transmitted to the other <del>branch</del> <ins>house</ins> of the General
Assembly. It shall be the duty of the presiding officer of the other <del>branch</del> <ins>house</ins> of the
General Assembly to have such <del>branch</del> <ins>house,</ins> within five days after the receipt of the
resolution, to consider the resolution for the purpose of <del>overriding</del> <ins>objecting to the
intended adoption of</ins> the <ins>proposed</ins> rule. In the event the resolution is adopted by
two-thirds of the votes of each <del>branch</del> <ins>house</ins> of the General Assembly, the <ins>proposed</ins> rule
<del>shall be void on the day after the adoption of the resolution by the second branch of the
General Assembly</del> <ins>shall be disapproved and shall not be adopted by the promulgating
agency.</ins> In the event the resolution is ratified by less than two-thirds of the votes of either
<del>branch</del> <ins>house,</ins> the resolution shall be submitted to the Governor for his or her approval
or veto. In the event of <del>his or her</del> <ins>the Governor's</ins> veto, <del>the rule shall remain in effect</del> <ins>or
if no resolution is introduced objecting to the proposed rule, or if the resolution
introduced is not approved by at least a majority of the vote of each house of the General
Assembly, the proposed rule shall automatically become adopted the day following
adjournment sine die of that regular session and shall become effective in accordance
with the provisions of Code Section 50-13-6.</ins> In the event of <del>his or her</del> <ins>the Governor's
</ins> approval <ins>of the resolution,</ins> the <ins>proposed</ins> rule shall be <del>void on the day after the date of his
or her approval</del> <ins>disapproved and shall not be adopted by the promulgating agency.</ins> <del>If
after the thirtieth legislative day of the legislative session of which the challenged rule
was to be considered the General Assembly has not considered an override of the
challenged rule pursuant to this subsection, the rule shall then immediately take effect.
</del> <ins>(3) Any proposed rule for which an economic impact analysis is required pursuant to
paragraph (1) of subsection (a) of this Code section that is adopted by an agency may be
considered by either house of the General Assembly by the introduction of a resolution
for the purpose of ratifying the rule at any time within the first 30 days of the next regular
session of the General Assembly. In the event the resolution is adopted by a house of the
</ins>
<ins>General Assembly, it shall be immediately transmitted to the other house of the General
Assembly. It shall be the duty of the presiding officer of the other house of the General
Assembly to have such house, within five days after the receipt of the resolution, to
consider the resolution for the purpose of ratifying the rule. In the event the resolution
is adopted by two-thirds of the votes of each house of the General Assembly, the rule
shall remain adopted and shall become effective in accordance with the provisions of
Code Section 50-13-6. In the event the resolution is ratified by less than two-thirds of the
votes of either house, the resolution shall be submitted to the Governor for his or her
approval or veto. In the event of the Governor's approval of the resolution, the rule shall
remain adopted and shall become effective in accordance with the provisions of Code
Section 50-13-6. In the event of the Governor's veto, or if no resolution is introduced for
the purpose of ratifying the rule, or if the resolution introduced is not approved by at least
a majority of the vote of each house of the General Assembly, the rule shall be void and
shall not take effect."
</ins> SECTION 2-3.
Said title is further amended by revising Code Section 50-13-6, relating to rules not effective
until 20 days after filed with the Secretary of State, maintenance of record of the rules,
exceptions, and rules governing manner and form of filing, as follows:
"50-13-6.
<ins>(a)(1)</ins> <del>Each rule adopted after July 1, 1965, shall not become effective until the
expiration of 20 days after the rule is filed in the office of the Secretary of State</del> <ins>Except
for emergency rules adopted pursuant to subsection (b) of Code Section 50-13-4, any rule
that is adopted shall not become effective unless it is filed with the office of the Secretary
of State and such rule, if filed with the office of the Secretary of State between January 1
and June 30 of a calendar year, shall become effective on July 1 of that year or, if filed
with the office of the Secretary of State between July 1 and December 31 of a calendar
</ins>
<ins>year, shall become effective on January 1 of the immediately succeeding calendar year.
</ins> Each rule so filed shall contain a citation of the authority pursuant to which it was
adopted and, if an amendment <ins>or repeal of an existing rule,</ins> shall clearly identify the
original rule.
<ins>(2) No adopted rule for which an economic impact analysis is required pursuant to
paragraph (1) of subsection (a) of Code Section 50-13-4 shall be filed with the office of
the Secretary of State, and such office shall not accept the filing of such rule, unless and
until such rule is ratified in accordance with paragraph (3) of subsection (f) of Code
Section 50-13-4. Once such rule is so ratified, it may be filed with the office of the
Secretary of State and take effect in accordance with the provisions of paragraph (1) of
this subsection based on the date such rule is so filed.
(b) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 shall:
(1) Become effective immediately upon its adoption or on such later date as the
promulgating agency may prescribe and may be effective for a period of not longer than
120 days; provided, however, that such an emergency rule adopted pursuant to a
discharge of responsibility under an executive order declaring that a state of emergency
or disaster exists as a result of a public health emergency, as defined in Code Section
38-3-3, shall be effective for the duration of the emergency or disaster and for a period
of not more than 120 days thereafter; and
(2) Be filed, along with a copy of the finding as required by subsection (b) of Code
Section 50-13-4, with the office of the Secretary of State within four days after its
adoption.
</ins> <del>(b)(c)</del> The Secretary of State shall endorse on each rule thus filed the time and date of
filing and shall maintain a record of the rules for public inspection.
<del>(c) The 20 day filing period is subject to the following exceptions:
(1) Where a statute or the terms of the rule require a date which is later than the 20 day
period, then the later date is the effective date; and
</del>
<del>(2) Any emergency rule adopted pursuant to subsection (b) of Code Section 50-13-4 may
become effective immediately upon adoption or within a period of less than 20 days. The
emergency rule, with a copy of the finding as required by subsection (b) of Code
Section 50-13-4, shall be filed with the office of the Secretary of State within four
working days after its adoption.
</del> (d) The Secretary of State shall prescribe rules governing the manner and form in which
regulations shall be prepared for filing. The Secretary may refuse to accept for filing any
rule that does not conform to such requirements."
SECTION 2-4.
Said title is further amended by adding new Code sections to read as follows:
<ins>"50-13-24.
(a) Not later than July 1, 2027, the Office of Planning and Budget or other designee of the
Governor shall establish and publish a schedule for the review of the rules of all agencies,
subject to the provisions of this chapter, on a four-year cycle, with the first of such reviews
occurring in the 2028 calendar year. In establishing such schedule, the Office of Planning
and Budget or other designee of the Governor shall take into consideration the volume of
rules that will be subject to review in any given year and the ability of the public to provide
meaningful input into such reviews. An agency that has been through a review under this
Code section previously and, in the intervening years since such last review, has decreased
the number of its rules by 10 percent or more shall be exempt from review under this Code
section during that cycle.
(b) The Office of Planning and Budget or other designee of the Governor shall notify in
December of the immediately preceding year each agency whose rules are subject to
review in a given calendar year of the upcoming review period. All rules of an agency that
are scheduled for review under this Code section shall stand automatically repealed on
</ins>
<ins>December 31 of the review year unless the rules are continued or repromulgated pursuant
to this Code section.
(c) In the year of review, each agency shall undertake an analysis of each of its rules and
shall create a written report of the results of such analysis. Such analysis shall consider:
(1) Whether the benefits sought to be achieved by the rule are being realized and are in
compliance with current law;
(2) Whether such benefits justify the costs of implementing and complying with the
provisions of the rule;
(3) Whether there are less restrictive and less costly alternatives to accomplish the
desired benefits or results; and
(4) Whether the rule is mandated by federal law as a requirement for participating in or
implementing a federally subsidized or assisted program and whether the proposed rule
exceeds the requirements of such applicable federal law.
The Office of Planning and Budget or other designee of the Governor shall develop and
provide to each agency a standardized process and forms for such analysis and shall make
such process and forms available on the Office of Planning and Budget's public website not
later than October 1, 2027. Such analysis shall be completed not later than September 1
of the year of review. Such analysis shall be published on the agency's public website upon
its completion and shall be submitted for review to the Office of Planning and Budget or
other designee of the Governor, the chairperson of the House Committee on Budget and
Fiscal Affairs Oversight, and the chairperson of the Senate Committee on Government
Oversight.
(d) As a part of the rules analysis process, each agency shall solicit public input on the
impact, cost, and effectiveness of its rules. The public shall be notified of the opportunity
to provide such input in a manner designed to obtain the widest possible public notification
of interested parties, as well as by mailing such notice to all persons who have requested
in writing that they be placed upon the mailing list maintained by the agency for advance
</ins>
<ins>notice of its rule-making proceedings. The notice shall include a date by which public
input shall be submitted for consideration which shall be not less than 30 days after the date
the notice is published. Such notice shall be published not later than March 1 of the review
year. In addition, the agency shall conduct at least two public hearings to receive public
comment on its rules. Such public hearings shall be held in a manner designed to
maximize public input and shall be completed not later than July 1 of the review year.
(e) Agencies that desire to continue their rules in effect shall not simply repromulgate the
rules and regulations without critical review of the necessity, effectiveness, and cost of
such rules; without considering possible less onerous, less costly, and more effective
alternatives to such rules; and without determining whether such rules or regulations are
actually necessary.
(f) Any rule that an agency desires to continue or repromulgate shall be repromulgated in
the same manner as for new rules under this chapter. Any continuation or repromulgation
of a rule shall reduce or maintain the current regulatory burden and costs of such rule and
shall not increase such burden or costs.
(g) The provisions of this Code section shall not apply to constitutional officers or their
respective agencies, as such terms are defined in subsection (a) of Code Section 50-13-25.
50-13-25.
(a) As used in this Code section, the term:
(1) 'Constitutional officer' means the Attorney General, the Secretary of State, the
Commissioner of Agriculture, the Commissioner of Insurance, the Commissioner of
Labor, the commissioners of the Public Service Commission, and the State School
Superintendent.
(2) 'Respective agency' means:
(A) With respect to the Attorney General, the Department of Law;
(B) With respect to the Secretary of State, the office of the Secretary of State;
</ins>
<ins>(C) With respect to the Commissioner of Agriculture, the Department of Agriculture;
(D) With respect to the Commissioner of Insurance, the Department of Insurance;
(E) With respect to the Commissioner of Labor, the Department of Labor;
(F) With respect to the commissioners of the Public Service Commission, the Public
Service Commission; and
(G) With respect to the State School Superintendent, the Department of Education.
(b) All constitutional officers shall, subject to the provisions of this chapter, review all of
the rules promulgated by such constitutional officers, their predecessors, or their respective
agencies that are in effect every four years, with the first year of review being the 2028
calendar year. In subsequent review years after 2028, each constitutional officer and such
officer's respective agency that has, in the intervening years since such last review,
decreased the number of its rules by 10 percent or more shall be exempt from review under
this Code section during that year of review.
(c) All rules of a constitutional officer and such officer's respective agency that are
scheduled for review under this Code section shall stand automatically repealed on
December 31 of the review year unless the rules are continued or repromulgated pursuant
to this Code section.
(d) In the year of review, each constitutional officer and such officer's respective agencies
shall undertake an analysis of each of its rules and shall create a written report of the results
of such analysis. Such analysis shall consider:
(1) Whether the benefits sought to be achieved by the rule are being realized and are in
compliance with current law;
(2) Whether such benefits justify the costs of implementing and complying with the
provisions of the rule; and
(3) Whether there are less restrictive and less costly alternatives to accomplish the
desired benefits or results.
</ins>
<ins>Such analysis shall be completed not later than September 1 of the year of review. Such
analysis shall be published by the constitutional officer on such officer's respective
agency's public website upon its completion and shall be forwarded to the chairpersons of
the House Committee on Budget and Fiscal Affairs Oversight and the Senate Committee
on Government Oversight.
(e) As a part of the rules analysis process, each constitutional officer and such officer's
respective agency shall solicit public input on the impact, cost, and effectiveness of its
rules. The public shall be notified of the opportunity to provide such input in a manner
designed to obtain the widest possible public notification of interested parties, as well as
by mailing such notice to all persons who have requested in writing that they be placed
upon the mailing list maintained by each constitutional officer or such officer's respective
agency for advance notice of its rule-making proceedings. The notice shall include a date
by which public input shall be submitted for consideration which shall be not less than 30
days after the date the notice is published. Such notice shall be published not later than
March 1 of the review year. In addition, each constitutional officer and such officer's
respective agency shall conduct at least two public hearings to receive public comment on
its rules. Such public hearings shall be held in a manner designed to maximize public input
and shall be completed not later than July 1 of the review year.
(f) Constitutional officers and their respective agencies that desire to continue their rules
in effect shall not simply repromulgate the rules and regulations without critical review of
the necessity, effectiveness, and cost of such rules; without considering possible less
onerous, less costly, and more effective alternatives to such rules; and without determining
whether such rules or regulations are actually necessary.
(g) Any rule that a constitutional officer or such officer's respective agency desires to
continue or repromulgate shall be repromulgated in the same manner as for new rules under
this chapter. Any continuation or repromulgation of a rule shall reduce or maintain the
</ins>
<ins>current regulatory burden and costs of such rule and shall not increase such burden or costs."
</ins> PART III
SECTION 3-1.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code
Section 31-6-21.1, relating to procedures for rule making by the Department of Community
Health, by revising subsections (c) and (f) as follows:
"(c) Any rule or part thereof to which an objection is made by both committees within the
30 day objection period under subsection (b) of this Code section shall not be adopted by
the department and shall be invalid if so adopted. A rule or part thereof thus prohibited
from being adopted shall be deemed to have been withdrawn by the department unless the
department, within the first 15 days of the next regular session of the General Assembly,
transmits written notification to each member of the objecting committees that the
department does not intend to withdraw that rule or part thereof but intends to adopt the
specified rule or part <del>effective the day</del> following adjournment sine die of that regular
session. A resolution objecting to such intended adoption may be introduced in either
<del>branch</del> <ins>house</ins> of the General Assembly after the fifteenth day but before the thirtieth day
of the session in which occurs the notification of intent not to withdraw a rule or part
thereof. In the event the resolution is adopted by the <del>branch</del> <ins>house</ins> of the General
Assembly in which the resolution was introduced, it shall be immediately transmitted to
the other <del>branch</del> <ins>house</ins> of the General Assembly. It shall be the duty of the presiding
officer of the other <del>branch</del> <ins>house</ins> to have that <del>branch</del> <ins>house,</ins> within five days after receipt
of the resolution, consider the resolution for purposes of objecting to the intended adoption
of the rule or part thereof. Upon such resolution being adopted by two-thirds of the vote
of each <del>branch</del> <ins>house</ins> of the General Assembly, the rule or part thereof objected to in that
resolution shall be disapproved and not adopted by the department. If the resolution is
adopted by a majority but by less than two-thirds of the vote of each such <del>branch</del> <ins>house,
</ins> the resolution shall be submitted to the Governor for his or her approval or veto. In the
event of a veto, or if no resolution is introduced objecting to the rule, or if the resolution
introduced is not approved by at least a majority of the vote of each such <del>branch</del> <ins>house,</ins> the
rule shall automatically become adopted the day following adjournment sine die of that
regular session. In the event of the Governor's approval of the resolution, the rule shall be
disapproved and not adopted by the department."
"(f) Emergency rules shall not be subject to the requirements of subsection (b), (c), or (d)
of this Code section but shall be subject to the requirements of subsection (b) of Code
Section 50-13-4 <ins>and subsection (b) of Code Section 50-13-6.</ins> Upon the first expiration of
any department emergency rules, where those emergency rules are intended to cover
matters which had been dealt with by the department's nonemergency rules but such
nonemergency rules have been objected to by both legislative committees under this Code
section, the emergency rules concerning those matters may not again be adopted except for
one 120 day period. No emergency rule or part thereof which is adopted by the department
shall be valid unless adopted in compliance with this subsection."
SECTION 3-2.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Code Section 50-13A-20, relating to applicability of provisions, by revising paragraph (3)
of subsection (b) as follows:
"(3) Code Section 50-13-6, except for <del>paragraph (2) of</del> subsection <del>(c)</del> <ins>(b);"
</ins>
PART IV
SECTION 4-1.
(a) Except as provided for in subsection (b) of this section, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such approval.
(b) Section 2-4 of this Act shall become effective on June 1, 2027.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are repealed.