House Bill 1396
By: Representative Efstration of the 104th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated,
relating to general provisions relative to the Department of Community Affairs, so as to
require certain privately funded organizations that operate a shelter or provide outreach
services to homeless individuals within 1,000 feet of schools, public parks, public
playgrounds, or certain child care facilities to participate in the Georgia Homeless
Management Information System (HMIS); to provide violations and for noncriminal
citations; to provide for exceptions; to provide for a territory of applicability; to provide for
legislative findings; to provide for definitions; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 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 2.
Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to
general provisions relative to the Department of Community Affairs, is amended 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> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.