09 LC
14 9894
House
Bill 15
By:
Representatives Levitas of the
82nd,
Lunsford of the
110th,
Wilkinson of the
52nd,
Jerguson of the
22nd,
Mitchell of the
88th,
and others
A
BILL TO BE ENTITLED
AN ACT
To
amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating
to procedures for adoption, amendment, or repeal of rules under the "Georgia
Administrative Procedure Act," so as to change certain procedures; to change
matters relative to legislative review; to provide for proposed rules to be made
available to and made available by the Secretary of the Senate and the Clerk of
the House of Representatives; to provide for new and revised procedures relative
to legislative override; to provide for other related matters; 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
procedures for adoption, amendment, or repeal of rules under the "Georgia
Administrative Procedure Act," is amended by revising subsections (e) and (f) as
follows:
"(e)(1)
The agency shall transmit the notice provided for in paragraph (1) of subsection
(a) of this Code section to the legislative counsel. The notice shall be
transmitted at least 30 days prior to the date of the agency's intended action.
Within three days after receipt of the notice, if possible, the legislative
counsel shall
furnish
provide a copy
of the notice to the presiding officers of
each house
with a copy
of the notice, and the
and to the
Secretary of the Senate and the Clerk of the House of
Representatives.
(2)
The presiding officers shall assign the
notice to the chairperson of the appropriate standing committee in each house
for review and any member
thereof
of each
house who makes a standing written
request. In the event a presiding officer is unavailable for the purpose of
making the assignment within the time limitations, the legislative counsel shall
assign the notice to the chairperson of the appropriate standing committee. The
legislative counsel shall also transmit within the time limitations provided in
this subsection a notice of the assignment to the chairperson of the appropriate
standing committee. Each standing committee of the Senate and the House of
Representatives is granted all the rights provided for interested persons and
governmental subdivisions in paragraph (2) of subsection (a) of this Code
section.
(3)
The Secretary of the Senate and the Clerk of the House of Representatives shall
make the notice available for public inspection.
(f)(1)
In the event a standing committee to which a notice is assigned as provided in
paragraph (2)
of 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
chairpersons
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
the full
membership of such branch, within five
days after the receipt of the resolution,
to
consider
vote for or
against 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 paragraph
(2) of 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 or
most recent 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
and the agency
adopts the proposed rule over the
objection, 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
the full
membership of such branch, within five
days after the receipt of the resolution,
to
consider
vote for or
against 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.
(3)(A)
In the event that an objection to a proposed rule is filed with signatures of at
least 91 members of the House of Representatives or of at least 29 members of
the Senate prior to its adoption, which members were voting members on the tenth
day of the current or most recent session, after having given public notice of
the filing of the objection as well as the opportunity for members of the
public, including the promulgating agency, to have a reasonable time to comment
on the proposed objection at a hearing, the place, time, and purpose of which
shall be included as part of the objection, and the agency adopts the proposed
rule over the objection, 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 the full membership of such branch,
within five days after the receipt of the resolution, vote for or against the
resolution. 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 fewer 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.
(B)
Each objection filed by at least 36 members of the House of Representatives or
by at least 11 members of the Senate shall be granted all the rights provided
for interested persons and governmental subdivisions in paragraph (2) of
subsection (a) of this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.