08 LC 38
0570
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
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 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 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
subsection (f) of Code Section 50-13-4, relating to procedural requirements
regarding action to contest agency rules, as follows:
"(f)
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, the
effectiveness of such rule shall be stayed until the next legislative session at
which time
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 approval or veto. In the event of his veto,
the rule shall remain in effect. In the event of his approval, the rule shall be
void on the day after the date of his 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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.