HB 1247: Georgia Bureaucratic Deference Elimination Act; enact

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:

"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."

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, 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.'. 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, except such requirement shall have no effect on the judicial standard of deference accorded to rules promulgated pursuant to the Georgia Administrative Procedure Act. 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, 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.'."

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, 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.'."

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:

"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.

(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 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."

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 effective the day following adjournment sine die of that regular session. A resolution objecting to such intended adoption may be introduced in either branch house 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 branch house of the General Assembly in which the resolution was introduced, it shall be immediately transmitted to the other branch house of the General Assembly. It shall be the duty of the presiding officer of the other branch house to have that branch house, 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 two-thirds a majority of the vote of each branch house 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 but by less than two-thirds of the vote of each such branch house, the resolution shall be submitted to the Governor for his or her approval or veto. 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."

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 consider the economic impact of the proposed rule and shall:

(1) Give at least 30 days' notice of its intended action. The notice shall include an exact copy of the proposed rule, and a synopsis of the proposed rule, 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. 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 proposed 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 existing 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 differing reduced compliance or reporting requirements or and differing 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, the agency or official shall:

(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, an agency shall 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 files an objection objects 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 branch house 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 branch house of the General Assembly, it shall be immediately transmitted to the other branch house of the General Assembly. It shall be the duty of the presiding officer of the other branch house of the General Assembly to have such branch house, 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 a majority of the votes of each branch house of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch house of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch house, 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 two-thirds' majority of the 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 house of the General Assembly in which it was introduced, it shall be immediately transmitted to the other branch house of the General Assembly. It shall be the duty of the presiding officer of the other branch house of the General Assembly to have such branch house, 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 a majority of the votes of each branch house of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch house of the General Assembly. In the event the resolution is ratified by less than two-thirds a majority of the votes of either branch house, 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."

SECTION 3-4.

Said title is further amended by adding a new Code section to read as follows:

"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 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."

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:

"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."

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.