08 AM
25 1057
ADOPTED
SENATE
Senators Seabaugh of the 28th and Cowsert of the 46th offered the following amendment:
Senators Seabaugh of the 28th and Cowsert of the 46th offered the following amendment:
Amend
the House substitute to SB 352 (LC 25 5196S) by inserting after
"so as"
on line 3 of page 1
the following:
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;
By
revising lines 10 and 11 of page 1 to read as follows:
actions
to contest rules, and legislative override, is amended by revising subsections
(f), (g), and (i) as follows:
By
inserting between lines 11 and 12 of page 1 the following:
"(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.
By
deleting the quotation marks at the beginning of line 12 of page
1.