---
title: HB 1247. Georgia Bureaucratic Deference Elimination Act; enact
collection: bills
id: 2025-2026/hb1247
cite_as: HB 1247, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1247
md_url: https://georgiacommons.org/bills/2025-2026/hb1247.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1247/text
source_url: https://www.legis.ga.gov/legislation/73010
date: 2026-05-12
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1954
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1247.md?full=1
bill_number: HB 1247
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Effective Date 2026-05-12
sponsors:
  - Matt Reeves
  - Alan Powell
  - Steve Tarvin
  - Mitchell Horner
  - Sandy Donatucci
  - Scott Hilton
  - Bo Hatchett
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1247/2025
upstream_id: 2112305
summaries_model: claude-sonnet-5
topic_tags:
  - agency deference
  - open records
  - legislative harassment settlements
  - administrative rulemaking
  - homelessness services
---

# HB 1247. Georgia Bureaucratic Deference Elimination Act; enact

## Text

House Bill 1247 (AS PASSED HOUSE AND SENATE)
By: Representatives Reeves of the 99th, Powell of the 33rd, Tarvin of the 2nd, Horner of the
3rd, Donatucci of the 105th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 15, 28, 31, 48, and 50 of the Official Code of Georgia, relating to courts, the
General Assembly, health, revenue and taxation, and state government, respectively, so as
to prohibit courts and administrative officers from deferring to agency interpretations of laws
and regulations; to provide for construction; to provide for conforming changes; to make
portions of certain records of the General Assembly subject to public disclosure; to provide
jurisdiction for enforcement; to provide for attorney's fees and litigation expenses; to provide
for good faith reliance as defense to action; to provide penalties for violations; to provide
procedure for commencement of prosecution; to provide for application; to provide for
construction; to revise procedures concerning the adoption of administrative rules; to revise
procedures within the General Assembly concerning objections to proposed administrative
rules; to provide for periodic review and automatic sunset of agency rules; to provide for
notice to agencies subject to review; to require that agencies review and report upon rules
and regulatory requirements in preparation for review; to provide for forms and reporting
procedures; to provide for public hearings; to provide a definition; to provide for related
matters; to provide for short titles; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
This part shall be known and may be cited as the "Georgia Bureaucratic Deference
Elimination Act."
SECTION 1-2.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in
Chapter 1, relating to general provisions, by adding a new Code section to read as follows:
<ins>"15-1-24.
(a) When interpreting this state's Constitution, statutes, or published rules, a court, or an
officer hearing an administrative action, shall not defer to a state agency's determination
or interpretation of such authorities, whether such determination or interpretation is written
or unwritten.
(b) This Code section shall not be construed to alter any standards of judicial review
expressly established by statute."
</ins> SECTION 1-3.
Said title is further amended in Chapter 5B, relating to tax courts, by revising subsection (a)
of Code Section 15-5B-16, relating to conduct of trials, as follows:
"(a) Trials in proceedings before the court shall be de novo and without a jury. All
questions of law decided by the court, including interpretations of constitutional, statutory,
and regulatory provisions, shall be made without any deference to any determination or
interpretation, whether written or unwritten, that may have been made on the matter by the
department, <del>except such requirement shall have no effect on the judicial standard of
</del>
<del>deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.'.</del> Hearings shall be open to the public, but on motion of any
party, if such party shows good cause to protect certain information from being disclosed
to the public, the court judge may issue a protective order or an order closing part or all of
a hearing to the public."
SECTION 1-4.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is
amended in Chapter 2, relating to state administrative organization, administration, and
enforcement, by revising subsection (c) of Code Section 48-2-18, relating to State Board of
Equalization and duties, as follows:
"(c) As chairperson and chief administrative officer of the board, the commissioner shall
furnish to the board all necessary records and files and in this capacity may compel the
attendance of witnesses and the production of books and records or other documents as the
commissioner is empowered to do in the administration of the tax laws. After final
approval by the State Board of Equalization of the digest of proposed assessments made
by the commissioner and after any adjustments by the board as authorized by this Code
section are made, the commissioner shall notify within 30 days each taxpayer in writing
of the proposed assessment of its property. At the same time, the commissioner shall notify
in writing the board of tax assessors of such county, as outlined in Code Section 48-5-511,
of the total proposed assessment of the property located within the county of taxpayers who
are required to return their property to the commissioner. If any such taxpayer notifies the
commissioner and the board of tax assessors in any such county of its intent to dispute a
portion of the proposed assessment within 20 days after receipt of the notice, the county
board of tax assessors shall include in the county digest only the undisputed amount of the
assessment, and the taxpayer may challenge the commissioner's proposed assessment in
an appeal filed in the Superior Court of Fulton County or with the Georgia Tax Court in
accordance with Chapter 5B of Title 15, the 'Georgia Tax Court Act of 2025,' within 30
days of receipt of the notice. In any such appeal to the superior court, the taxpayer shall
have the right of discovery as provided in Chapter 11 of Title 9, the 'Georgia Civil Practice
Act.' In any such appeal to the Georgia Tax Court, discovery shall be as provided in
Chapter 5B of Title 15, the 'Georgia Tax Court Act of 2025.' All questions of law decided
by a court or the Georgia Tax Court pursuant to this subsection, including interpretations
of constitutional, statutory, and regulatory provisions, shall be made without any deference
to any determination or interpretation, whether written or unwritten, that may have been
made on the matter by the department, <del>except such requirement shall have no effect on the
judicial standard of deference accorded to rules promulgated pursuant to the Georgia
Administrative Procedure Act.</del> Upon conclusion of the appeal, the taxpayer shall remit to
the appropriate counties any additional taxes owed, with interest at the rate provided by law
for judgments. Such interest shall accrue from the date the taxes would have been due
absent the appeal to the date the additional taxes are remitted."
SECTION 1-5.
Said title is further amended in said chapter by revising paragraph (7) of subsection (c) of
Code Section 48-2-35, relating to refunds, claims, and notice to political subdivision
designee, as follows:
"(7) In an action for a refund pursuant to paragraph (4) of this subsection, all questions
of law decided by a court or the Georgia Tax Court, including interpretations of
constitutional, statutory, and regulatory provisions, shall be made without any deference
to any determination or interpretation, whether written or unwritten, that may have been
made on the matter by the department, <del>except such requirement shall have no effect on
the judicial standard of deference accorded to rules promulgated pursuant to Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.'."
</del>
SECTION 1-6.
Said title is further amended in said chapter by revising subsection (e) of Code
Section 48-2-59, relating to appeals, payment of taxes admittedly owed, bond, and costs, as
follows:
"(e) In an action pursuant to subsection (a) of this Code section, all questions of law
decided by a court or the Georgia Tax Court, including interpretations of constitutional,
statutory, and regulatory provisions, shall be made without any deference to any
determination or interpretation, whether written or unwritten, that may have been made on
the matter by the department, <del>except such requirement shall have no effect on the judicial
standard of deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act.'."
</del> PART II
SECTION 2-1.
Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is
amended by adding a new Code section to read as follows:
<ins>"28-1-18.
(a) If any claim of an unlawful employment practice made against a member of the
General Assembly, including, but not limited to, a claim of sexual harassment,
discriminatory harassment, discrimination, or retaliation, is resolved, in whole or in part,
by a settlement agreement, a memorandum of agreement or understanding, or other similar
document, however denominated, such agreement shall be subject to public disclosure with
the identity of the claimant and any other party thereto redacted, except for the identity of
the member. This subsection shall be applicable to any claims made on or after January 1,
2019. The provisions of Code Section 28-4-3.1 shall not be construed to prohibit the
disclosure of such documents.
</ins>
<ins>(b) Requests for public disclosure of documents described by subsection (a) of this Code
section shall be made to the Office of the Speaker of the House of Representatives, if such
request relates to a member of the House of Representatives, or shall be made to the Office
of the Lieutenant Governor and the Office of the President Pro Tempore of the Senate, if
such request relates to a member of the Senate. All documents responsive to a request
made pursuant to this Code section shall be produced within three business days of receipt
of a request.
(c)(1) The superior courts of this state shall have jurisdiction to hear actions against the
Speaker of the House of Representatives, for documents related to members of the House
of Representatives, and against the President of the Senate or the President Pro Tempore
of the Senate, for documents relating to members of the Senate, to enforce compliance
with the provisions of subsections (a) and (b) of this Code section. Such actions may be
brought by any person, firm, corporation, or other entity. The Attorney General shall also
have authority to bring such actions as may be necessary to enforce compliance with
subsections (a) and (b) of this Code section to seek civil penalties or criminal penalties
or both.
(2) Either party may move to recover reasonable attorneys fees and costs in any action
brought pursuant to this subsection in which the court finds that the nonmoving party
acted without substantial justification for complying with subsections (a) or (b) of this
Code section or in instituting the litigation Whether the position of the moving party was
substantially justified shall be determined on the basis of the record of the proceeding
before the court.
(3) Any officer of the General Assembly listed in paragraph (1) of this subsection that
knowingly and willfully violates the provisions of subsections (a) and (b) of this Code
section by failing or refusing to provide access to records requested pursuant to such
subsections within three days of receiving the request or by frustrating or attempting to
frustrate access to the records by intentionally making records difficult to obtain shall be
</ins>
<ins>guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed
$1,000.00 for the first violation. Negligent violation of subsections (a) and (b) of this
subsection shall result in a penalty not to exceed $1,000.00. A second or subsequent
willful violation within a 12 month period shall be a felony with a maximum fine of
$2,500.00. It shall be a defense to any criminal action made pursuant to this Code section
that an officer has acted in good faith. Any persons, officers, or entities that destroy
records for the purpose of preventing their disclosure pursuant to this Code section may
be subject to additional criminal penalties pursuant to Code Section 45-11-1.
(d) The General Assembly and its members, officers, staff, committees, commissions, and
offices are not subject to the provisions of Code Section 50-18-70 through 50-18-78 or
Chapter 14 of Title 50 and nothing in this Code section shall be construed or applied to the
contrary."
</ins> PART III
SECTION 3-1.
This part shall be known and may be cited as the "Red Tape Rollback Act of 2026."
SECTION 3-2.
Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code
Section 31-6-21.1, relating to procedures for rulemaking by the Department of Community
Health, by revising subsection (c) as follows:
"(c) Any rule or part thereof to which an objection is made by both committees within
the 30 day objection period under subsection (b) of this Code section shall not be adopted
by the department and shall be invalid if so adopted. A rule or part thereof thus prohibited
from being adopted shall be deemed to have been withdrawn by the department unless the
department, within the first 15 days of the next regular session of the General Assembly,
transmits written notification to each member of the objecting committees that the
department does not intend to withdraw that rule or part thereof but intends to adopt the
specified rule or part <del>effective the day</del> following adjournment sine die of that regular
session. A resolution objecting to such intended adoption may be introduced in either
<del>branch</del> <ins>house</ins> of the General Assembly after the fifteenth day but before the thirtieth day
of the session in which occurs the notification of intent not to withdraw a rule or part
thereof. In the event the resolution is adopted by the <del>branch</del> <ins>house</ins> of the General
Assembly in which the resolution was introduced, it shall be immediately transmitted to
the other <del>branch</del> <ins>house</ins> of the General Assembly. It shall be the duty of the presiding
officer of the other <del>branch</del> <ins>house</ins> to have that <del>branch</del> <ins>house,</ins> within five days after receipt
of the resolution, consider the resolution for purposes of objecting to the intended adoption
of the rule or part thereof. Upon such resolution being adopted by <del>two-thirds</del> <ins>a majority
</ins> of the vote of each <del>branch</del> <ins>house</ins> of the General Assembly, the rule or part thereof objected
to in that resolution shall be disapproved and not adopted by the department. If the
resolution is adopted by a majority <del>but by less than two-thirds of the vote</del> of each such
<del>branch</del> <ins>house,</ins> the resolution shall be submitted to the Governor for his or her approval or
veto. <del>In the event of a veto, or if no resolution is introduced objecting to the rule, or if the
resolution introduced is not approved by at least a majority of the vote of each such branch,
the rule shall automatically become adopted the day following adjournment sine die of that
regular session. In the event of the Governor's approval of the resolution, the rule shall be
disapproved and not adopted by the department."
</del> SECTION 3-3.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or
repeal of rules, emergency rules, limitations on action to contest rule, and legislative
override, by revising subsections (a) and (f) as follows:
"(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules
or general statements of policy, the agency shall <ins>consider the economic impact of the
proposed rule and shall:
</ins> (1) Give at least 30 days' notice of its intended action. The notice shall include an exact
copy of the proposed rule, <del>and</del> a synopsis of the proposed rule, <ins>and the agency's statement
as to the economic impact of the proposed rule. An agency shall presumptively be found
to have considered the economic impact of a proposed rule by including an economic
analysis of such proposed rule with a copy of such proposed rule and its synopsis.</ins> The
synopsis shall be distributed with and in the same manner as the proposed rule. The
synopsis shall contain a statement of the purpose and the main features of the proposed
rule, and, in the case of a proposed amendatory rule, the synopsis also shall indicate the
differences between the existing rule and the proposed rule. The notice shall also include
the exact date on which the agency shall consider the adoption of the <ins>proposed</ins> rule and
shall include the time and place in order that interested persons may present their views
thereon. The notice shall also contain a citation of the authority pursuant to which the
rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing
rule, the <ins>existing</ins> rule shall be clearly identified. The notice shall be mailed to all persons
who have requested in writing that they be placed upon a mailing list which shall be
maintained by the agency for advance notice of its rule-making proceedings and who
have tendered the actual cost of such mailing as from time to time estimated by the
agency;
(2) Afford to all interested persons reasonable opportunity to submit data, views, or
arguments, orally or in writing. In the case of substantive rules, opportunity for oral
hearing must be granted if requested by 25 persons who will be directly affected by the
proposed rule, by a governmental subdivision, or by an association having not less
than 25 members. The agency shall consider fully all written and oral submissions
respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so
by an interested person either prior to adoption or within 30 days thereafter, shall issue
a concise statement of the principal reasons for and against its adoption and incorporate
therein its reason for overruling the consideration urged against its adoption;
(3) In the formulation and adoption of any rule which will have an economic impact on
businesses in the state, reduce the economic impact of the rule on small businesses which
are independently owned and operated, are not dominant in their field, and employ 100
employees or less by implementing one or more of the following actions when it is legal
and feasible in meeting the stated objectives of the statutes which are the basis of the
proposed rule:
(A) Establish <del>differing</del> <ins>reduced</ins> compliance or reporting requirements <del>or</del> <ins>and differing
</ins> timetables for small businesses;
(B) Clarify, consolidate, or simplify the compliance and reporting requirements under
the rule for small businesses;
(C) Establish performance rather than design standards for small businesses; or
(D) Exempt small businesses from any or all requirements of the rules;
(4) In the formulation and adoption of any rule which places administrative burdens on
charitable organizations in this state, including, but not limited to, any rule that would
require any new or expanded filing or reporting requirements or that would limit the
ability of charitable organizations to solicit or collect funds, <del>the agency or official shall:
</del> (A) Absent the showing of a compelling state interest, not impose any annual filing or
reporting requirements on an organization regulated or specifically exempted from
regulation under Chapter 17 of Title 43, the 'Georgia Charitable Solicitations Act of
1988,' that are more burdensome than the requirements authorized by applicable law,
and any such filing or reporting requirements shall be narrowly tailored to achieve such
compelling state interest. The requirements of this subparagraph shall not apply to the
state's direct spending programs; and
(B) Email the notice provided for in paragraph (1) of this subsection to each
chairperson of any standing committee in each house as shown on the General
Assembly's website.
For purposes of this paragraph, the term 'charitable organization' means a nonprofit
charitable organization which is exempt from taxation under the provisions of
Section 501(c)(3) of the United States Internal Revenue Code; and
(5) In the formulation and adoption of any rule, <del>an agency shall</del> choose an alternative
that does not impose excessive regulatory costs on any regulated person or entity which
costs could be reduced by a less expensive alternative that fully accomplishes the stated
objectives of the statutes which are the basis of the proposed rule."
"(f)(1) In the event a standing committee to which a notice is assigned as provided in
subsection (e) of this Code section <del>files an objection</del> <ins>objects</ins> 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 <del>branch</del> <ins>house</ins> 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
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 <del>branch</del> <ins>house</ins> of the General Assembly, it shall be
immediately transmitted to the other <del>branch</del> <ins>house</ins> of the General Assembly. It shall be
the duty of the presiding officer of the other <del>branch</del> <ins>house</ins> of the General Assembly to
have such <del>branch</del> <ins>house,</ins> 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 <del>two-thirds</del> <ins>a majority</ins> of the votes of each <del>branch</del> <ins>house</ins> of the General
Assembly, the rule shall be void on the day after the adoption of the resolution by the
second <del>branch</del> <ins>house</ins> of the General Assembly. In the event the resolution is ratified by
less than two-thirds of the votes of either <del>branch</del> <ins>house,</ins> 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
subsection (e) of this Code section files an objection to a proposed rule prior to its
adoption by a <del>two-thirds'</del> <ins>majority of the</ins> 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 <del>branch</del> <ins>house</ins> of the General Assembly in which it
was introduced, it shall be immediately transmitted to the other <del>branch</del> <ins>house</ins> of the
General Assembly. It shall be the duty of the presiding officer of the other <del>branch</del> <ins>house
</ins> of the General Assembly to have such <del>branch</del> <ins>house,</ins> 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 <del>two-thirds</del> <ins>a majority</ins> of the votes of each <del>branch</del> <ins>house
</ins> of the General Assembly, the rule shall be void on the day after the adoption of the
resolution by the second <del>branch</del> <ins>house</ins> of the General Assembly. In the event the
resolution is ratified by <del>less than two-thirds</del> <ins>a majority</ins> of the votes of either <del>branch</del> <ins>house,
</ins> the resolution shall be submitted to the Governor for his or her approval or veto. <del>In the
event of his or her veto, the rule shall remain in effect. In the event of his or her
</del>
<del>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."
</del> SECTION 3-4.
Said title is further amended by adding a new Code section to read as follows:
<ins>"50-13-24.
(a) Except as otherwise provided in subsection (b) of this Code section and subject to
appropriations, on or before July 1, 2028, and at the end of each five-year period ending
on July 1 thereafter, each agency shall prepare and submit to the director of the Office of
Planning and Budget a report containing an analysis of each rule of such agency.
(b) A rule shall not be subject to the periodic reporting requirement provided under
subsection (a) of this Code section if such rule:
(1) Was promulgated pursuant to a federal government mandate, authorization, or a dual
supervisory regime;
(2) States the general course and methodology of an agency's operations and the methods
whereby the public may obtain information or make submissions or requests;
(3) Is a rule of practice setting forth the nature and requirements of all formal and
informal procedures made available by an agency, including a description of all forms
and instructions used by such agency; or
(4) Is promulgated by the Department of Agriculture, the Department of Natural
Resources, the Environmental Protection Division, or the Public Service Commission.
(c) On or before January 1 of the year a report required under subsection (a) of this Code
section becomes due, the Office of Planning and Budget shall, in consultation with the
Budget and Research Office of the House of Representatives and the Budget and
</ins>
<ins>Evaluation Office of the Senate, establish and publish directions for the form and content
of such report, including, but not limited to, provisions requiring:
(1) Analysis of the impact, cost, effectiveness, and streamlining of agency rules; and
(2) Identification of rules an agency has consolidated, repealed, or updated since such
agency's last report submitted under subsection (a) of this Code section.
(d) In the year succeeding the date on which a report prepared pursuant to subsection (a)
of this Code section becomes due to the director of the Office of Planning and Budget, the
Governor shall, in the budget report prepared and submitted to the General Assembly under
Code Section 45-12-74, include a statement informing the General Assembly whether each
agency has complied, in whole or in part, with the requirements of subsection (a) of this
Code section.
(e) The Governor may consider an agency's noncompliance with subsection (a) of this
Code section in making recommendations for the budget units of such agency provided
under paragraph (5) of Code Section 45-12-75.
(f) A member of the General Assembly may submit a written inquiry to an agency in
connection with a report submitted under subsection (a) of this Code section. An agency
in receipt of such inquiry shall submit a written response to the member within 30 calendar
days of receipt of such inquiry; provided, however, that an agency's noncompliance with
this subsection shall not delay consideration of the general appropriations bill under Code
Section 28-5-4.
(g) The director of the Office of Planning and Budget shall publish on its website final
reports prepared pursuant to subsection (a) of this Code section as soon as feasible after
receipt of such reports."
</ins>
PART IV
SECTION 4-1.
The General Assembly finds that:
(1) Individuals experiencing unsheltered homelessness in metro Atlanta are entitled to
compassionate, coordinated, and accountable delivery of services and are within
proximity to multiple providers of such services. The state has a substantial interest in
ensuring that such individuals are treated with dignity and respect and that services
provided to them are delivered in a manner that promotes stability, recovery, and
long-term well-being;
(2) Many unsheltered individuals experience co-occurring mental health disorders,
substance use disorders, adverse physical health conditions, or trauma related needs
requiring therapeutic intervention and structured support. The state has a compelling
interest in ensuring that public resources directed toward these populations facilitate
meaningful access to appropriate therapeutic assistance and that service delivery systems
are coordinated to reduce duplication, fragmentation, and gaps in care;
(3) Effective tracking and evaluation of services provided to unsheltered homeless
individuals advances the public health, safety, and general welfare of both the individuals
served and the broader community. Transparent data collection and outcome
measurement enable state and local authorities to assess whether services are reducing
chronic homelessness, mitigating risks associated with untreated behavioral health
conditions, and promoting safer and healthier communities; and
(4) The state appropriates substantial public funds to support homelessness outreach,
housing stabilization, and behavioral health services in metro Atlanta. The state has a
legitimate and compelling interest in ensuring that such appropriations are expended
efficiently and effectively, that funded services produce measurable outcomes, and that
data-driven oversight mechanisms are implemented to promote accountability, eliminate
waste, and maximize the positive impact of taxpayer resources.
SECTION 4-2.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended
in Chapter 8, relating to the Department of Community Affairs, by adding a new Code
section to read as follows:
<ins>"50-8-19.
(a) As used in the Code section, the term 'outreach services' means providing medical care,
clothing, food, or shelter.
(b)(1) Each privately funded organization that operates a shelter or provides outreach
services to homeless individuals within 1,000 feet in any direction of the property of an
elementary or secondary school; university, college, or technical college; child care
learning center, as such term is defined in Code Section 20-1A-2; public park; or public
playground shall be required to participate as an authorizing agency for purposes of the
Georgia Homeless Management Information System (HMIS).
(2) The owner or operator of any such organization that violates this subsection shall be
issued a citation by a law enforcement officer for such violation and the violation shall
be deemed noncriminal.
(c) The provisions of subsection (b) of this Code section shall not apply to any privately
funded and operated organization that provided outreach services, employment, or social
services to fewer than ten individuals during the preceding 12 months.
(d) This Code section shall only apply to properties provided for in subsection (b) of this
Code section that are located within a ten-mile radius of a municipal corporation that is
located in more than one county, that levies a sales tax for the purposes of a metropolitan
area system of public transportation, and that has within its boundaries an independent
school system."
</ins>
PART V
SECTION 5-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 5-2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1247 stops Georgia courts and administrative judges from deferring to state agencies' interpretations of laws and rules, while also changing how the legislature discloses harassment settlements, how state rules get made and reviewed, and how homeless outreach groups near schools and parks must register.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Passed (2026-05-12)
- Last action: Effective Date 2026-05-12 (2026-05-12)
- Sponsors: Matt Reeves, Alan Powell, Steve Tarvin, Mitchell Horner, Sandy Donatucci, Scott Hilton, Bo Hatchett
- Official page: https://www.legis.ga.gov/legislation/73010

> The history, votes, and amendments (1,954 characters) are at https://georgiacommons.org/bills/2025-2026/hb1247.md?full=1