08 LC 34 1769S
(SCS)
Senate
Bill 445
By:
Senators Seabaugh of the 28th, Goggans of the 7th, Williams of the 19th, Reed of
the 35th and Powell of the 23rd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia
Annotated, relating to general provisions regarding administrative procedure, 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 shall 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.
Article
1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions regarding administrative procedure, is amended by revising
subsections (f), (g), and (i) of Code Section 50-13-4, relating to procedural
requirements regarding action to contest agency rules, 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
chairman
chairperson
of any standing committee to which a proposed rule
relative to
the Environmental Protection Division of the Department of Natural
Resources
certified by
the director of the division pursuant to paragraph (1) of this
subsection is assigned notifies the
agency
director
that the committee objects to the adoption of the rule or has questions
concerning the purpose, nature, or necessity of
the
such
rule, it shall be the duty of the
agency
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.