Bill Text: GA SB148 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Georgia Occupational Regulation Review Law; review of existing regulatory entities to determine the need for change to current reg.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Vetoed) 2010-06-08 - Veto V21 [SB148 Detail]

Download: Georgia-2009-SB148-Amended.html

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10 AM 14 0948

ADOPTED
Senator Shafer of the 48th offered the following amendment:

Amend the committee substitute to SB 148 (LC 36 1682S) by striking all matter on lines 258 through 305 and inserting in place thereof the following:

50-4-21.

(a) The Senate and House appropriations committees meeting jointly shall constitute the Legislative Sunset Committee.

(b) As used in this article, the term 'committee' means the Legislative Sunset Committee.

(c) In carrying out its function under this article, the committee may request, through the cochairpersons, the assistance of any state agency or office. When so requested, a state agency and its personnel shall assist the committee and may be required to appear before the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency. All records, documents, and files requested by the committee shall be made available by the agency to the committee for review and copying within three business days.

50-4-22.

(a) The committee shall review all state agencies, including all boards, departments, advisory committees, authorities, bureaus, offices, and any other state entity of the executive branch of state government regardless of its designation. The committee shall be responsible for establishing a schedule for the routine review of all such state agencies. Each agency shall be scheduled for review a minimum of once every eight years. The committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review.

(b) Where a report of review issued by the the committee under Code Section 50-4-24 finds that an agency should be automatically abolished as provided in this Code section, the report of review shall be filed by the committee with the Secretary of State, the Secretary of the Senate, and the Clerk of the House of Representatives. Where a report of review issued by the the committee finds that an agency should be so abolished, the agency shall be abolished by operation of law on July 1 following the next regular session of the General Assembly which follows the filing of the report of review issued by the committee, unless the General Assembly by law continues the agency prior to that July 1. When an agency is so abolished, the general appropriations Act or amended general appropriations Act adopted at the regular session prior to the abolishment of the agency may designate the agency to which any assets and obligations of the abolished agency shall be transferred; and in the absence of such designation in an appropriations Act, the transfer shall be as directed by the Governor.

(c) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (b) of this Code section. Following the review and recommendations of the committee, the committee shall report to the General Assembly any recommended constitutional amendment needed for the reorganizing or abolishing of such constitutionally created agency.

(d) Except as may otherwise be expressly provided by law, abolishment of a state agency shall not affect the rights and duties that matured, penalties that were incurred, civil or criminal liabilities that arose, or proceedings that were begun before the abolishment.

By striking all matter on lines 392 through 398 and inserting in place thereof the following:

(c) In its report of review, the committee may make a finding that the agency should be automatically abolished as provided in Code Section 50-4-22, in which case the provisions of that Code section shall apply.

(d) In the absence of a finding that the agency should be automatically abolished, the committee may make recommendations on the abolition, continuation, or reorganization of such agency and on the need for the continuation of the functions of such agency. The report of review may also make recommendations on the consolidation, transfer, or reorganization of an agency's programs when those programs are duplicated by another agency. It shall be the responsibility of the committee to prepare drafts of legislation necessary to carry out the committee's recommendations under this subsection."