HB 1247: Georgia Bureaucratic Deference Elimination Act; enact

This bill is really five bills in one. Part I creates the 'Georgia Bureaucratic Deference Elimination Act,' which tells Georgia courts and administrative hearing officers they cannot defer to a state agency's own reading of the Constitution, a statute, or a rule, and it strips out exceptions that had let judges still defer to Department of Revenue rules in tax cases. Part II requires that settlement agreements resolving harassment or discrimination claims against members of the General Assembly be partly disclosed to the public (with the accuser's name redacted), sets up court enforcement, fines, and even felony penalties for willful violations, but it also declares the General Assembly itself exempt from Georgia's general open records law. Part III, the 'Red Tape Rollback Act of 2026,' lowers the legislative vote needed to override an agency rule from two-thirds to a simple majority in each chamber, adds new economic-impact-statement requirements before agencies adopt rules, and creates a five-year cycle where most agencies must review and report on their rules starting July 1, 2028. Part IV requires privately funded homeless shelters and outreach groups near schools, parks, or playgrounds in the Atlanta area to join the state's homeless data-tracking system or face a citation. The law takes effect once the Governor signs it.

• Bars courts and administrative hearing officers from deferring to a state agency's interpretation of the Georgia Constitution, statutes, or rules, written or unwritten (new O.C.G.A. § 15-1-24).
• Removes prior exceptions that let judges still defer to Department of Revenue rule interpretations in tax court, refund, and appeal cases (O.C.G.A. §§ 15-5B-16, 48-2-18, 48-2-35, 48-2-59).
• Requires partial public disclosure of settlement agreements resolving harassment or discrimination claims against General Assembly members, while separately exempting the General Assembly from the state's general open records law (new O.C.G.A. § 28-1-18).
• Lowers the vote threshold for the legislature to override or block an agency rule from two-thirds to a simple majority of each chamber (O.C.G.A. §§ 31-6-21.1, 50-13-4).
• Requires most state agencies to review and report on their rules every five years starting July 1, 2028, with certain agencies and rule types exempted (new O.C.G.A. § 50-13-24).
• Requires privately funded homeless shelters and outreach organizations near schools, parks, or playgrounds in parts of metro Atlanta to register with the state's Homeless Management Information System or face a citation.

Georgia judges and administrative law judges, state agencies such as the Department of Revenue and Department of Community Health, members of the General Assembly and staff involved in harassment or discrimination claims, businesses and charitable organizations affected by new rulemaking, taxpayers appealing property assessments, and privately funded homeless shelters and outreach groups operating near schools or parks in the Atlanta metro area.

Courts would no longer automatically side with a state agency's own reading of ambiguous laws or rules, which could change outcomes in tax disputes and other administrative cases. Lowering the override threshold makes it easier for legislators to block agency rules, while the disclosure and homelessness provisions change transparency around legislative misconduct claims and how outreach services near schools are tracked.

• Section 1-2 adds O.C.G.A. § 15-1-24, barring courts and hearing officers from deferring to agency interpretations of constitutional, statutory, or regulatory text.
• Sections 1-3 through 1-6 strip exceptions in the Georgia Tax Court Act and Department of Revenue statutes that had preserved deference to department rules under the Administrative Procedure Act.
• Section 2-1 adds O.C.G.A. § 28-1-18, requiring redacted public disclosure of harassment/discrimination settlements involving General Assembly members, with misdemeanor penalties (up to $1,000) for a first willful violation and felony penalties (up to $2,500) for repeat violations, but exempts the General Assembly from the state's open records law in subsection (d).
• Section 3-2 changes the Department of Community Health rule-objection process, replacing a two-thirds override vote with a simple majority in each chamber.
• Section 3-3 revises O.C.G.A. § 50-13-4 to require agencies to consider and disclose the economic impact of proposed rules and to lower legislative override votes from two-thirds to a majority.
• Section 3-4 adds O.C.G.A. § 50-13-24, requiring most agencies to submit five-year rule review reports to the Office of Planning and Budget starting July 1, 2028, exempting agencies like the Department of Agriculture, Department of Natural Resources, and Public Service Commission.
• Section 4-2 adds O.C.G.A. § 50-8-19, requiring privately funded shelters or outreach programs within 1,000 feet of schools, parks, or playgrounds in certain Atlanta-area jurisdictions to join the Homeless Management Information System, with citations for violations and exemptions for organizations serving fewer than ten people annually.
• Section 5-1 sets the effective date as the date the Governor signs the bill or it otherwise becomes law.

1. 2026-05-12Effective Date 2026-05-12
2. 2026-05-12Act 718
3. 2026-05-12House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02Senate Agreed House Amend or Sub (Senate)
6. 2026-04-02House Agreed Senate Amend or Sub As Amended (House)
7. 2026-03-25Senate Passed/Adopted By Substitute (Senate)
8. 2026-03-25Senate Third Read (Senate)

• Matt Reeves (R, HD-099)Primary sponsor
• Alan Powell (R, HD-033)
• Steve Tarvin (R, HD-002)
• Mitchell Horner (R, HD-003)
• Sandy Donatucci (R, HD-105)
• Scott Hilton (R, HD-048)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 4, 2026

   98 yea, 63 nay (1 not voting, 15 absent)

   Passage: House Vote #640

2. PassedSenate voteMarch 25, 2026

   33 yea, 18 nay (1 not voting, 2 absent)

   Adoption Of Amendment #1 By The Senator From The 46th: Senate Vote #811

3. PassedSenate voteMarch 25, 2026

   48 yea, 2 nay (2 not voting, 2 absent)

   Passage By Substitute: Senate Vote #812

4. PassedHouse voteApril 2, 2026

   96 yea, 69 nay (5 not voting, 6 absent)

   Am 62 0077: House Vote #853

5. PassedHouse voteApril 2, 2026

   98 yea, 70 nay (3 not voting, 5 absent)

   Agree To Senate Sub As Am: House Vote #854

6. PassedSenate voteApril 3, 2026

   34 yea, 18 nay (1 not voting, 1 absent)

   Agree To House Amendment To Senate Substitute: Senate Vote #983

• agency deference
• open records
• legislative harassment settlements
• administrative rulemaking
• homelessness services