SB 28: "Red Tape Rollback Act of 2025"; enact

Georgia law already lets legislative committees object to proposed agency rules, but this bill adds new layers of review before rules take effect. It creates a small business impact analysis process, prepared by the Office of Planning and Budget and the Department of Audits and Accounts, that estimates how a bill would affect small businesses (defined as independently owned businesses with 300 or fewer employees). It also requires state agencies to prepare a detailed economic impact analysis for any proposed rule expected to cost $3 million or more in cumulative compliance costs over five years, unless the rule is required by federal law. The bill changes how rules take effect: instead of becoming effective 20 days after filing, most rules would take effect only on July 1 or January 1 following filing. Rules that trigger the $3 million economic impact analysis could not be filed until the General Assembly ratifies them by resolution. The bill also creates a new four-year cycle under which most agency rules, and separately the rules of constitutional officers like the Secretary of State and Commissioner of Agriculture, automatically expire on December 31 of a review year unless the agency re-reviews and repromulgates them. Most provisions take effect when the Governor signs the bill, but the rule-review sunset process does not begin until June 1, 2027.

• Creates a small business impact analysis process that state officials can request for bills, estimating effects on costs, workers, competition, and compliance for small businesses.
• Requires state agencies to prepare a detailed economic impact analysis for any proposed rule expected to cost $3 million or more in cumulative compliance costs over five years, with exceptions for federally mandated rules.
• Changes rule effective dates from 20 days after filing to a fixed schedule of July 1 or January 1, and requires legislative ratification before some costly rules can even be filed.
• Establishes a four-year review cycle under which most agency rules automatically expire on December 31 of the review year unless the agency formally reviews and re-adopts them.
• Creates a separate four-year rule review and sunset process for constitutional officers such as the Secretary of State, Attorney General, and Commissioner of Insurance.
• Raises the small business employee threshold used when agencies must consider reducing regulatory burdens on small businesses, from 100 employees or fewer to 300 employees or fewer.

State agencies and constitutional officers who write and enforce administrative rules, small businesses affected by new regulations, the Office of Planning and Budget, the Department of Audits and Accounts, legislative committees such as the House Budget and Fiscal Affairs Oversight Committee and Senate Government Oversight Committee, and members of the public who want input on proposed rules.

Georgians would see new rules take longer to reach the books, with some costly rules needing legislative sign-off before they can even be filed. Agencies would face recurring reviews that could automatically kill rules they do not actively defend, changing how quickly and permanently state regulations affecting businesses and the public can be adopted or removed.

• Section 2-1 creates a new small business impact analysis process (O.C.G.A. § 28-5-57 through 28-5-59) that can be requested for bills before and during legislative sessions, with strict deadlines for completion.
• Section 2-2 amends O.C.G.A. § 50-13-4 to require an economic impact analysis for rules expected to cost $3 million or more over five years, and raises the small-business employee threshold from 100 to 300.
• Section 2-2 also revises the legislative override process for objectionable rules, adding a new ratification path for rules that triggered an economic impact analysis, requiring a legislative resolution within 30 days of the next session.
• Section 2-3 rewrites O.C.G.A. § 50-13-6 so rules take effect on July 1 or January 1 depending on filing date, instead of 20 days after filing, and bars filing of high-cost rules until legislatively ratified.
• Section 2-4 adds O.C.G.A. § 50-13-24 and § 50-13-25, creating four-year rule review cycles for state agencies and separately for constitutional officers, with automatic repeal of unreviewed rules on December 31 of the review year.
• Section 3-1 revises the Department of Community Health's rule objection procedure (O.C.G.A. § 31-6-21.1) to match the General Assembly's revised override language.
• Section 4-1 sets most of the Act effective upon the Governor's signature, but delays the rule-review sunset provisions in Section 2-4 until June 1, 2027.

1. 2025-04-04House Withdrawn, Recommitted (Cámara de Representantes)
2. 2025-03-20House Committee Favorably Reported By Substitute (Cámara de Representantes)
3. 2025-02-27House Second Readers (Cámara de Representantes)
4. 2025-02-26House First Readers (Cámara de Representantes)
5. 2025-02-24Senate Passed/Adopted By Substitute (Senado)
6. 2025-02-24Senate Third Read (Senado)
7. 2025-02-20Senate Read Second Time (Senado)
8. 2025-02-19Senate Committee Favorably Reported By Substitute (Senado)

• Greg Dolezal (R, SD-027)Patrocinador principal
• John Kennedy (R, SD-018)
• Steve Gooch (R, SD-051)
• Jason Anavitarte (R, SD-031)
• Randy Robertson (R, SD-029)
• Matt Brass (R, SD-006)
• Larry Walker (R, SD-020)
• Blake Tillery (R, SD-019)
• John Albers (R, SD-056)
• Carden Summers (R, SD-013)
• Chuck Hufstetler (R, SD-052)
• Ben Watson (R, SD-001)
• Bill Cowsert (R, SD-046)
• Frank Ginn (R, SD-047)
• Scott Hilton (R, HD-048)

1. AprobadaVotación: Senado24 de febrero de 2025

   32 a favor, 22 en contra (2 sin votar, 0 ausentes)

   Adoption Of Amendment #1 By The Senator From The 27th: Senate Vote #88

2. AprobadaVotación: Senado24 de febrero de 2025

   33 a favor, 21 en contra (2 sin votar, 0 ausentes)

   Passage By Substitute: Senate Vote #89

• state regulations
• small business impact
• administrative rules
• government oversight
• legislative review of agencies