05 AM
25 0794
Representative
Golick of the 34th et al move to amend HB 98 by striking line 14 of page 1 and
inserting in lieu thereof the following:
"Fund;
to amend Code Section 50-13-2 of the Official Code of Georgia Annotated,
relating to definitions relative to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' so as to redefine a term; to provide for related
matters; to provide an effective date; to repeal conflicting
laws;".
By
striking line 22 of page 13 and inserting in lieu thereof the
following:
"regulations
as it may deem advisable to implement the terms of this
chapter;
provided, however, that for purposes of this chapter the authority shall be an
agency subject to the provisions of Chapter 13 of Title 50, the 'Georgia
Administrative Procedure
Act.'
The".
By
redesignating Sections 3 and 4 as Sections 4 and 5, respectively.
By
inserting between lines 26 and 27 of page 14 the following:
"SECTION
3.
Code
Section 50-13-2 of the Official Code of Georgia Annotated, relating to
definitions relative to Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act,' is amended by striking paragraph (1) and inserting in lieu
thereof the following:
'(1)
"Agency" means each state board, bureau, commission, department, activity, or
officer authorized by law expressly to make rules and regulations or to
determine contested cases, except the General Assembly; the judiciary; the
Governor; the State Board of Pardons and Paroles; the State Financing and
Investment Commission; the State Properties Commission; the Board of Bar
Examiners; the Board of Corrections and its penal institutions; the State Board
of
Workerś
Compensation; all public authorities
except as
otherwise expressly provided by law; the
State Personnel Board (Merit System); the Department of Administrative Services
or commissioner of administrative services; the Department of Technical and
Adult Education; the Department of Revenue when conducting hearings relating to
alcoholic beverages; the Georgia Tobacco Community Development Board; the
Georgia Higher Education Savings Plan; any school, college, hospital, or other
such educational, eleemosynary, or charitable institution; or any agency when
its action is concerned with the military or naval affairs of this state. The
term "agency" shall include the State Board of Education and Department of
Education, subject to the following qualifications:
(A)
Subject to the limitations of subparagraph (B) of this paragraph, all otherwise
valid rules adopted by the State Board of Education and Department of Education
prior to January 1, 1990, are ratified and validated and shall be effective
until January 1, 1991, whether or not such rules were adopted in compliance with
the requirements of this chapter; and
(B)
Effective January 1, 1991, any rule of the State Board of Education or
Department of Education which has not been proposed, submitted, and adopted in
accordance with the requirements of this chapter shall be void and of no
effect.' ".
$$AM
25 0794$$