Bill Text: GA SB486 | 2009-2010 | Regular Session | Amended
Bill Title: Natural Resources, Board of; provide deference by administrative law judges on technical issues; reviewing permits
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2010-03-24 - Senate Rule 7-1.6(b) [SB486 Detail]
Download: Georgia-2009-SB486-Amended.html
10 AM
25 1185
ADOPTED
Senators
Cowsert of the 46th, Seabaugh of the 28th, Harp of the 29th and Tolleson of the
20th offered the following amendment:
Amend
the AM 25 1181 amendment to SB 486 by inserting
"to amend Code Section 50-13-4 of the
Official Code of Georgia Annotated, relating to procedural requirements for
adoption, amendment, repeal, or repeal of rules, limitation on action to contest
rule, and legislative override or agency rules, so as to change certain
provisions relating to legislative stay of agency
rules;" before
"to provide an"
on line
5.
By
adding after line 278 the following:
SECTION
14A.
Code
Section 50-13-4 of the Official Code of Georgia Annotated, relating to
procedural requirements for adoption, amendment, repeal, or repeal of rules,
limitation on action to contest rule, and legislative override or agency rules,
is amended by revising paragraph (2) of subsection (f) as follows:
"(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'
majority
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."
