HB1247: HB1247 Georgia Bureaucratic Deference Elimination Act; enact

This bill, titled the Georgia Bureaucratic Deference Elimination Act, changes several unrelated areas of Georgia law in one package. Part I stops courts and administrative hearing officers from automatically siding with a state agency's own reading of a statute or rule, including in tax court and property tax appeal cases, unless a statute specifically sets a different standard of review. Part II requires that settlement agreements resolving harassment, discrimination, or retaliation claims against members of the General Assembly be made public (with the accuser's name redacted), sets a three business day turnaround for records requests, and creates civil and criminal penalties, including fines up to $2,500, for officials who withhold them. Part III, called the Red Tape Rollback Act of 2026, changes how state agencies propose and defend regulations, updates the legislature's process for objecting to or overriding rules, and requires most agencies to review and report on their rules every five years starting July 1, 2028. Part IV requires privately funded shelters and outreach programs near schools, parks, and playgrounds inside certain large metro Atlanta transit-tax cities to join the state's Homeless Management Information System or face citations. The law takes effect once the Governor signs it or it becomes law without a signature.

• Bars Georgia courts and administrative hearing officers from deferring to a state agency's interpretation of the Constitution, statutes, or rules, whether written or unwritten (new O.C.G.A. § 15-1-24).
• Applies the same no-deference rule to Georgia Tax Court and property tax appeal cases, including disputes over the state's proposed digest of assessments.
• Requires settlement agreements resolving harassment or discrimination claims against General Assembly members to be publicly disclosed, with penalties up to a $2,500 fine and possible felony charges for willful violations.
• Rewrites the notice, hearing, and small-business and charity impact requirements agencies must follow before adopting a new regulation, and updates how the legislature can object to or override rules.
• Creates a five-year periodic review and reporting requirement for most state agency rules starting July 1, 2028, with some exemptions such as farm, environmental, and utility regulators.
• Requires privately funded homeless shelters and outreach programs within 1,000 feet of schools, parks, or playgrounds in certain large transit-tax cities to join the state's homeless data tracking system or face a citation.

Georgia judges and administrative hearing officers, state tax and revenue officials, taxpayers appealing assessments, General Assembly members and staff involved in harassment claims, state agencies that write regulations, legislative committees, and privately funded homeless shelters and outreach groups operating near schools and parks in large metro Atlanta cities.

Courts and agencies would have to interpret Georgia law and regulations on their own reading rather than automatically trusting an agency's view, which could change outcomes in tax disputes and other administrative appeals. Harassment settlements involving lawmakers would become easier for the public to see, and homeless outreach groups near certain schools and parks would face new tracking obligations.

• Section 1-2 adds O.C.G.A. § 15-1-24, telling courts and administrative hearing officers not to defer to a state agency's interpretation of law or rules.
• Sections 1-3 through 1-6 apply the no-deference standard specifically to Georgia Tax Court trials, property tax digest disputes, refund actions, and other tax appeal proceedings.
• Section 2-1 adds O.C.G.A. § 28-1-18, requiring public disclosure of harassment or discrimination settlement agreements involving General Assembly members made on or after January 1, 2019, with penalties up to $2,500 and possible felony charges for repeat willful violations.
• Section 3-3 revises O.C.G.A. § 50-13-4 to change notice, hearing, small-business, and charitable-organization impact requirements agencies must meet before adopting rules, and updates legislative override procedures.
• 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, with exemptions for agencies like the Department of Agriculture and the 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 certain schools, parks, or playgrounds in large transit-tax cities to join the Georgia Homeless Management Information System, exempting small operations serving fewer than ten people a year.
• Section 5-1 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without a signature.

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

• administrative law
• judicial deference
• open records
• homelessness services
• state rulemaking process