Georgia House of Representatives - 1995/1996 Sessions

HB 1209 - State agencies; adoption of rules; requirements

Page Numbers - 1/ 2/ 3

1. Smith  175th           2. Trense  44th            3. Williams  83rd
4. Day  153rd             5. Sherrill  62nd          6. Shanahan  10th


House Comm: SPCA       /                Senate Comm: SLGO       /                                   
House Vote: Yeas 155   Nays 0           Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/10/96  Read 1st Time         2/9/96                                                 
              1/11/96  Read 2nd Time                                                                
              2/5/96   Favorably Reported                                                           
              Sub      Committee Amend/Sub                                                          
              2/8/96   Read 3rd Time                                                                
              2/8/96   Passed/Adopted                                                               
              CS       Comm/Floor Amend/Sub                                                         
              ----------------------------------------                                              
                                                                                                    
Code Sections amended: 50-13-4                                                                      


HB 1209                                            LC 9 8678S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 50-13-4 of the Official Code of
  1- 2  Georgia Annotated, relating to procedural requirements for
  1- 3  adoption, amendment, or repeal of rules by state agencies;
  1- 4  emergency rules; limitation on actions to contest rules; and
  1- 5  legislative override of rules, so as to provide additional
  1- 6  requirements relative to the adoption of rules; to provide
  1- 7  for the contents, printing, and distribution of certain
  1- 8  information concerning rules and proposed rules; to provide
  1- 9  for applicability; to provide an effective date; to repeal
  1-10  conflicting laws; and for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Code Section 50-13-4 of the Official Code of Georgia
  1-13  Annotated, relating to procedural requirements for adoption,
  1-14  amendment, or repeal of rules by state agencies; emergency
  1-15  rules; limitation on actions to contest rules; and
  1-16  legislative override of rules, is amended by striking
  1-17  subsection (a) of said Code section and inserting in lieu
  1-18  thereof a new subsection (a) to read as follows:

  1-19    "(a) Prior to the adoption, amendment, or repeal of any
  1-20    rule, other than interpretive rules or general statements
  1-21    of policy, the agency shall:

  1-22      (1) Give at least 30 days' notice of its intended
  1-23      action. The notice shall include an exact copy of the
  1-24      proposed rule and a synopsis of the proposed rule.  If
  1-25      the proposed rule amends an existing rule, any proposed
  1-26      changes to the existing rule shall be shown by striking
  1-27      through any words, numbers, and symbols to be deleted
  1-28      from the existing rule and by underlining any words,
  1-29      numbers, and symbols to be added to the existing rule.
  1-30      The name, position, address, and telephone number of the
  1-31      individual proposing the rule shall be attached to the
  1-32      rule and shall be included in the synopsis.  The
  1-33      synopsis shall be distributed with and in the same



                                 -1- (Index)

                                                  LC 9 8678S

  2- 1      manner as the proposed rule. The synopsis shall contain
  2- 2      a statement of the purpose and rationale for the
  2- 3      proposed rule, and the main features of the proposed
  2- 4      rule, any arguments against the proposed rule within the
  2- 5      knowledge of the agency, and, in the case of a proposed
  2- 6      amendatory rule, the synopsis also shall indicate the
  2- 7      differences between the existing rule and the proposed
  2- 8      rule. The notice shall also include the exact date on
  2- 9      which the agency shall consider the adoption of the rule
  2-10      and shall include the time and place in order that
  2-11      interested persons may present their views thereon.  The
  2-12      notice shall also contain a citation of the authority
  2-13      pursuant to which the rule is proposed for adoption and,
  2-14      if the proposal is an amendment or repeal of an existing
  2-15      rule, the rule shall be clearly identified.  The notice
  2-16      shall be mailed to all persons who have requested in
  2-17      writing that they be placed upon a mailing list which
  2-18      shall be maintained by the agency for advance notice of
  2-19      its rule-making proceedings and who have tendered the
  2-20      actual cost of such mailing as from time to time
  2-21      estimated by the agency;

  2-22      (2) Afford to all interested persons reasonable
  2-23      opportunity to submit data, views, or arguments, orally
  2-24      or in writing. In the case of substantive rules,
  2-25      opportunity for oral hearing must be granted if
  2-26      requested by 25 persons who will be directly affected by
  2-27      the proposed rule, by a governmental subdivision, or by
  2-28      an association having not less than 25 members. The
  2-29      agency shall consider fully all written and oral
  2-30      submissions respecting the proposed rule. Upon adoption
  2-31      of a rule, the agency, if requested to do so by an
  2-32      interested person either prior to adoption or within 30
  2-33      days thereafter, shall issue a concise statement of the
  2-34      principal reasons for and against its adoption and
  2-35      incorporate therein its reason for overruling the
  2-36      consideration urged against its adoption.  Upon final
  2-37      adoption of any new rule or an amendment of any existing
  2-38      rule, the name, position, address, and telephone number
  2-39      of the public official, public employee, or other
  2-40      individual primarily responsible for proposing the rule
  2-41      or amendment shall be printed as a footnote to the rule
  2-42      in any printing of such rule by the agency or the
  2-43      Secretary of State; and

  2-44      (3) In the formulation and adoption of any rule which
  2-45      will have an economic impact on businesses in the state,


                                 -2- (Index)

                                                  LC 9 8678S

  3- 1      reduce the economic impact of the rule on small
  3- 2      businesses which are independently owned and operated,
  3- 3      are not dominant in their field, and employ 100
  3- 4      employees or less by implementing one or more of the
  3- 5      following actions when it is legal and feasible in
  3- 6      meeting the stated objectives of the statutes which are
  3- 7      the basis of the proposed rule:

  3- 8        (A) Establish differing compliance or reporting
  3- 9        requirements or timetables for small businesses;

  3-10        (B) Clarify, consolidate, or simplify the compliance
  3-11        and reporting requirements under the rule for small
  3-12        businesses;

  3-13        (C) Establish performance rather than design standards
  3-14        for small businesses; or

  3-15        (D) Exempt small businesses from any or all
  3-16        requirements of the rules."

                         SECTION 2.

  3-17  This Act shall become effective on July 1, 1996, and shall
  3-18  apply to any rule proposed on or after such date.

                         SECTION 3.

  3-19  All laws and parts of laws in conflict with this Act are
  3-20  repealed.






















                                 -3- (Index)