08 SB352/AP
Senate
Bill 352
By:
Senators Cowsert of the 46th, Tolleson of the 20th, Bulloch of the 11th, Pearson
of the 51st, Smith of the 52nd and others
AS
PASSED
AN
ACT
To
amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating
to procedural requirements for adoption, amendment, or repeal of rules,
emergency rules, limitation on actions to contest rules, and legislative
override, so as to provide an alternate method for a General Assembly objection
to administrative rules; to provide that the effectiveness of a challenged
agency rule may be stayed until the General Assembly has the opportunity to take
action on such rule at the next legislative session; to provide for related
matters; to change certain exemptions from legislative override; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 50-13-4 of the Official Code of Georgia Annotated, relating to
procedural requirements for adoption, amendment, or repeal of rules, emergency
rules, limitation on actions to contest rules, and legislative override, is
amended by revising subsections (f), (g), and (i) as follows:
"(f)(1)
In the event a standing committee to which a notice is assigned as provided in
subsection (e) of this Code section files an objection 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 branch 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 chairmen 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 branch of the General Assembly, it shall be immediately
transmitted to the other branch of the General Assembly. It shall be the duty
of the presiding officer of the other branch of the General Assembly to have
such branch, 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 branch of the General
Assembly, the rule shall be void on the day after the adoption of the resolution
by the second branch of the General Assembly. In the event the resolution is
ratified by less than two-thirds of the votes of either branch, the resolution
shall be submitted to the Governor for his or her approval or veto. In the
event of his or her veto, the rule shall remain in effect. In the event of his
or her approval, 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 files an objection to a proposed rule
prior to its adoption by a two-thirds´ vote of the members of the committee
who were voting members on the tenth day of the current session, 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, the effectiveness of such rule shall 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. In the event
the resolution is adopted by the branch of the General Assembly in which it was
introduced, it shall be immediately transmitted to the other branch of the
General Assembly. It shall be the duty of the presiding officer of the other
branch of the General Assembly to have such branch, 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 branch of the General Assembly, the rule shall be void on the
day after the adoption of the resolution by the second branch of the General
Assembly. In the event the resolution is ratified by less than two-thirds of
the votes of either branch, the resolution shall be submitted to the Governor
for his or her approval or veto. In the event of his or her veto, the rule
shall remain in effect. In the event of his or her approval, the rule shall be
void on the day after the date of his or her approval. 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.
(g)(1)
Subsection (f) of this Code section shall not apply to the Environmental
Protection Division of the Department of Natural Resources as to any rule for
which, as part of the notice required by paragraph (1) of subsection (a) of this
Code section, the director of the division certifies that such rule is required
for compliance with federal statutes or regulations or to exercise certain
powers delegated by the federal government to the state to implement federal
statutes or regulations, but paragraph (2) of this subsection shall apply to the
Environmental Protection Division of the Department of Natural Resources as to
any rule so certified. As part of such certification, the director shall cite
the specific section or sections of federal statutes or regulations which the
proposed rule is intended to comply with or implement. General references to
the name or title of a federal statute or regulation shall not suffice for the
purposes of this paragraph. Any proposed rule or rules that are subject to this
paragraph shall be noticed separately from any proposed rule or rules that are
not subject to this paragraph.
(2)
In the event the chairperson of any standing committee to which a proposed rule
certified by the director of the division pursuant to paragraph (1) of this
subsection is assigned notifies the director that the committee objects to the
adoption of the rule or has questions concerning the purpose, nature, or
necessity of such rule, it shall be the duty of the director to consult with the
committee prior to the adoption of the rule."
"(i)
This Code section shall not apply to any comprehensive state-wide water
management plan or revision thereof prepared by the Environmental Protection
Division of the Department of Natural Resources and proposed, adopted, amended,
or repealed pursuant to Article 8 of Chapter 5 of Title 12; provided, however,
that this Code section shall apply to any rules or regulations implementing such
a plan."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.