HB1247: HB1247 Georgia Bureaucratic Deference Elimination Act; enact

26 HB 1247/AP 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, the1 General Assembly, health, revenue and taxation, and state government, respectively, so as2 to prohibit courts and administrative officers from deferring to agency interpretations of laws3 and regulations; to provide for construction; to provide for co nforming changes; to make4 portions of certain records of the General Assembly subject to public disclosure; to provide5 jurisdiction for enforcement; to provide for attorney's fees and litigation expenses; to provide6 for good faith reliance as defense to action; to provide penalt ies for violations; to provide7 procedure for commencement of prosecution; to provide for appli cation; to provide for8 construction; to revise procedures concerning the adoption of administrative rules; to revise9 procedures within the General Assembly concerning objections to proposed administrative10 rules; to provide for periodic review and automatic sunset of a gency rules; to provide for11 notice to agencies subject to review; to require that agencies review and report upon rules12 and regulatory requirements in preparation for review; to provi de for forms and reporting13 procedures; to provide for public hearings; to provide a defini tion; to provide for related14 matters; to provide for short titles; to provide for an effective date; to repeal conflicting laws;15 and for other purposes.16 H. B. 1247 - 1 - 26 HB 1247/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 PART I18 SECTION 1-1.19 This part shall be known and may be cited as the "Georgia Burea ucratic Deference20 Elimination Act."21 SECTION 1-2.22 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in23 Chapter 1, relating to general provisions, by adding a new Code section to read as follows:24 "15-1-24.25 (a) When interpreting this state's Constitution, statutes, or published rules, a court, or an26 officer hearing an administrative action, shall not defer to a state agency's determination27 or interpretation of such authorities, whether such determination or interpretation is written28 or unwritten.29 (b) This Code section shall not be construed to alter any stan dards of judicial review30 expressly established by statute."31 SECTION 1-3.32 Said title is further amended in Chapter 5B, relating to tax courts, by revising subsection (a)33 of Code Section 15-5B-16, relating to conduct of trials, as follows:34 "(a) Trials in proceedings before the court shall be de novo an d without a jury. All35 questions of law decided by the court, including interpretations of constitutional, statutory,36 and regulatory provisions, shall be made without any deference to any determination or37 interpretation, whether written or unwritten, that may have been made on the matter by the38 department, except such requirement shall have no effect on the judicial standard of39 H. B. 1247 - 2 - 26 HB 1247/AP deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the 'Georgia40 Administrative Procedure Act.'. Hearings shall be open to the public, but on motion of any41 party, if such party shows good cause to protect certain information from being disclosed42 to the public, the court judge may issue a protective order or an order closing part or all of43 a hearing to the public."44 SECTION 1-4.45 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is46 amended in Chapter 2, relating to state administrative organiza tion, administration, and47 enforcement, by revising subsection (c) of Code Section 48-2-18, relating to State Board of48 Equalization and duties, as follows:49 "(c) As chairperson and chief administrative officer of the board, the commissioner shall50 furnish to the board all necessary records and files and in thi s capacity may compel the51 attendance of witnesses and the production of books and records or other documents as the52 commissioner is empowered to do in the administration of the ta x laws. After final53 approval by the State Board of Equalization of the digest of pr oposed assessments made54 by the commissioner and after any adjustments by the board as a uthorized by this Code55 section are made, the commissioner shall notify within 30 days each taxpayer in writing56 of the proposed assessment of its property. At the same time, the commissioner shall notify57 in writing the board of tax assessors of such county, as outlined in Code Section 48-5-511,58 of the total proposed assessment of the property located within the county of taxpayers who59 are required to return their property to the commissioner. If any such taxpayer notifies the60 commissioner and the board of tax assessors in any such county of its intent to dispute a61 portion of the proposed assessment within 20 days after receipt of the notice, the county62 board of tax assessors shall include in the county digest only the undisputed amount of the63 assessment, and the taxpayer may challenge the commissioner's p roposed assessment in64 an appeal filed in the Superior Court of Fulton County or with the Georgia Tax Court in65 H. B. 1247 - 3 - 26 HB 1247/AP accordance with Chapter 5B of Title 15, the 'Georgia Tax Court Act of 2025,' within 3066 days of receipt of the notice. In any such appeal to the superior court, the taxpayer shall67 have the right of discovery as provided in Chapter 11 of Title 9, the 'Georgia Civil Practice68 Act.' In any such appeal to the Georgia Tax Court, discovery s hall be as provided in69 Chapter 5B of Title 15, the 'Georgia Tax Court Act of 2025.' All questions of law decided70 by a court or the Georgia Tax Court pursuant to this subsection, including interpretations71 of constitutional, statutory, and regulatory provisions, shall be made without any deference72 to any determination or interpretation, whether written or unwritten, that may have been73 made on the matter by the department, except such requirement shall have no effect on the74 judicial standard of deference accorded to rules promulgated pu rsuant to the Georgia75 Administrative Procedure Act. Upon conclusion of the appeal, the taxpayer shall remit to76 the appropriate counties any additional taxes owed, with interest at the rate provided by law77 for judgments. Such interest shall accrue from the date the ta xes would have been due78 absent the appeal to the date the additional taxes are remitted."79 SECTION 1-5.80 Said title is further amended in said chapter by revising parag raph (7) of subsection (c) of81 Code Section 48-2-35, relating to refunds, claims, and notice t o political subdivision82 designee, as follows:83 "(7) In an action for a refund pursuant to paragraph (4) of this subsection, all questions84 of law decided by a court or the Georgia Tax Court, including i nterpretations of85 constitutional, statutory, and regulatory provisions, shall be made without any deference86 to any determination or interpretation, whether written or unwritten, that may have been87 made on the matter by the department, except such requirement shall have no effect on88 the judicial standard of deference accorded to rules promulgated pursuant to Chapter 1389 of Title 50, the 'Georgia Administrative Procedure Act.'."90 H. B. 1247 - 4 - 26 HB 1247/AP SECTION 1-6.91 Said title is further amended in said chapter by revising subse ction (e) of Code92 Section 48-2-59, relating to appeals, payment of taxes admittedly owed, bond, and costs, as93 follows:94 "(e) In an action pursuant to subsection (a) of this Code secti on, all questions of law95 decided by a court or the Georgia Tax Court, including interpre tations of constitutional,96 statutory, and regulatory provisions, shall be made without any deference to any97 determination or interpretation, whether written or unwritten, that may have been made on98 the matter by the department, except such requirement shall have no effect on the judicial99 standard of deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the100 'Georgia Administrative Procedure Act.'."101 PART II102 SECTION 2-1.103 Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is104 amended by adding a new Code section to read as follows:105 "28-1-18.106 (a) If any claim of an unlawful employment practice made again s t a m e m b e r o f t h e107 General Assembly, in cluding, but not limited to, a claim of sex ual harassment,108 discriminatory harassment, discrimination, or retaliation, is resolved, in whole or in part,109 by a settlement agreement, a memorandum of agreement or understanding, or other similar110 document, however denominated, such agreement shall be subject to public disclosure with111 the identity of the claimant and any other party thereto redacted, except for the identity of112 the member. This subsection shall be applicable to any claims made on or after January 1,113 2019. The provisions of Code Section 28-4-3.1 shall not be con strued to prohibit the114 disclosure of such documents.115 H. B. 1247 - 5 - 26 HB 1247/AP (b) Requests for public disclosure of documents described by subsection (a) of this Code116 section shall be made to the Office of the Speaker of the House of Representatives, if such117 request relates to a member of the House of Representatives, or shall be made to the Office118 of the Lieutenant Governor and the Office of the President Pro Tempore of the Senate, if119 such request relates to a member of the Senate. All documents responsive to a request120 made pursuant to this Code section shall be produced within three business days of receipt121 of a request.122 (c)(1) The superior courts of this state shall have jurisdiction to hear actions against the123 Speaker of the House of Representatives, for documents related to members of the House124 of Representatives, and against the President of the Senate or the President Pro Tempore125 of the Senate, for documents relating to members of the Senate, to enforce compliance126 with the provisions of subsections (a) and (b) of this Code section. Such actions may be127 brought by any person, firm, corporation, or other entity. The Attorney General shall also128 have authority to bring such actions as may be necessary to enf orce compliance with129 subsections (a) and (b) of this Code section to seek civil penalties or criminal penalties130 or both.131 (2) Either party may move to recover reasonable attorneys fees and costs in any action132 brought pursuant to this subsection in which the court finds th at the nonmoving party133 acted without substantial justification for complying with subs ections (a) or (b) of this134 Code section or in instituting the litigation Whether the position of the moving party was135 substantially justified shall be determined on the basis of the record of the proceeding136 before the court.137 (3) Any officer of the General Assembly listed in paragraph (1) of this subsection that138 knowingly and willfully violates the provisions of subsections (a) and (b) of this Code139 section by failing or refusing to provide access to records req uested pursuant to such140 subsections within three days of receiving the request or by frustrating or attempting to141 frustrate access to the records by intentionally making records difficult to obtain shall be142 H. B. 1247 - 6 - 26 HB 1247/AP guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed143 $1,000.00 for the first violation. Negligent violation of subs ections (a) and (b) of this144 subsection shall result in a penalty not to exceed $1,000.00. A second or subsequent145 willful violation within a 12 month period shall be a felony wi th a maximum fine of146 $2,500.00. It shall be a defense to any criminal action made pursuant to this Code section147 that an officer has acted in good faith. Any persons, officers , or entities that destroy148 records for the purpose of preventing their disclosure pursuant to this Code section may149 be subject to additional criminal penalties pursuant to Code Section 45-11-1.150 (d) The General Assembly and its members, officers, staff, committees, commissions, and151 offices are not subject to the provisions of Code Section 50-18 -70 through 50-18-78 or152 Chapter 14 of Title 50 and nothing in this Code section shall be construed or applied to the153 contrary."154 PART III155 SECTION 3-1.156 This part shall be known and may be cited as the "Red Tape Rollback Act of 2026."157 SECTION 3-2.158 Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code159 Section 31-6-21.1, relating to procedures for rulemaking by the Department of Community160 Health, by revising subsection (c) as follows:161 "(c) Any rule or part thereof to which an objection is made by both committees within162 the 30 day objection period under subsection (b) of this Code section shall not be adopted163 by the department and shall be invalid if so adopted. A rule or part thereof thus prohibited164 from being adopted shall be deemed to have been withdrawn by the department unless the165 department, within the first 15 days of the next regular session of the General Assembly,166 H. B. 1247 - 7 - 26 HB 1247/AP transmits written notification to each member of the objecting committees that the167 department does not intend to withdraw that rule or part thereo f but intends to adopt the168 specified rule or part effective the day following adjournment sine die of that regular169 session. A resolution objecting to such intended adoption may be introduced in either170 branch house of the General Assembly after the fifteenth day but before the thirtieth day171 of the session in which occurs the notification of intent not t o withdraw a rule or part172 thereof. In the event the resolution is adopted by the branch house of the General173 Assembly in which the resolution was introduced, it shall be im mediately transmitted to174 the other branch house of the General Assembly. It shall be the duty of the presidin g175 officer of the other branch house to have that branch house, within five days after receipt176 of the resolution, consider the resolution for purposes of objecting to the intended adoption177 of the rule or part thereof. Upon such resolution being adopte d by two-thirds a majority178 of the vote of each branch house of the General Assembly, the rule or part thereof objected179 to in that resolution shall be disapproved and not adopted by t he department. If the180 resolution is adopted by a majority but by less than two-thirds of the vote of each such181 branch house, the resolution shall be submitted to the Governor for his or her approval or182 veto. In the event of a veto, or if no resolution is introduced objecting to the rule, or if the183 resolution introduced is not approved by at least a majority of the vote of each such branch,184 the rule shall automatically become adopted the day following adjournment sine die of that185 regular session. In the event of the Governor's approval of the resolution, the rule shall be186 disapproved and not adopted by the department."187 SECTION 3-3.188 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended189 in Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or190 repeal of rules, emergency rules, limitations on action to cont est rule, and legislative191 override, by revising subsections (a) and (f) as follows:192 H. B. 1247 - 8 - 26 HB 1247/AP "(a) Prior to the adoption, amendment, or repeal of any rule, other than interpretive rules193 or general statements of policy, the agency shall consider the economic impact of the194 proposed rule and shall:195 (1) Give at least 30 days' notice of its intended action. The notice shall include an exact196 copy of the proposed rule, and a synopsis of the proposed rule, and the agency's statement197 as to the economic impact of the proposed rule. An agency shall presumptively be found198 to have considered the economic impact of a proposed rule by in cluding an economic199 analysis of such proposed rule with a copy of such proposed rule and its synopsis. The200 synopsis shall be distributed with and in the same manner as th e proposed rule. The201 synopsis shall contain a statement of the purpose and the main features of the proposed202 rule, and, in the case of a proposed amendatory rule, the synopsis also shall indicate the203 differences between the existing rule and the proposed rule. The notice shall also include204 the exact date on which the agency shall consider the adoption of the proposed rule and205 shall include the time and place in order that interested persons may present their views206 thereon. The notice shall also contain a citation of the autho rity pursuant to which the207 rule is proposed for adoption and, if the proposal is an amendment or repeal of an existing208 rule, the existing rule shall be clearly identified. The notice shall be mailed to all persons209 who have requested in writing th at they be placed upon a mailin g list which shall be210 maintained by the agency for advance notice of its rule-making proceedings and who211 have tendered the actual cost of such mailing as from time to t ime estimated by the212 agency;213 (2) Afford to all interested persons reasonable opportunity to submit data, views, or214 arguments, orally or in writing. In the case of substantive ru les, opportunity for oral215 hearing must be granted if requested by 25 persons who will be directly affected by the216 proposed rule, by a governmental subdivision, or by an associat ion having not less217 than 25 members. The agency shall consider fully all written a nd oral submissions218 respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so219 H. B. 1247 - 9 - 26 HB 1247/AP by an interested person either prior to adoption or within 30 days thereafter, shall issue220 a concise statement of the principal reasons for and against its adoption and incorporate221 therein its reason for overruling the consideration urged against its adoption;222 (3) In the formulation and adoption of any rule which will have an economic impact on223 businesses in the state, reduce the economic impact of the rule on small businesses which224 are independently owned and operated, are not dominant in their field, and employ 100225 employees or less by implementing one or more of the following actions when it is legal226 and feasible in meeting the stated objectives of the statutes w hich are the basis of the227 proposed rule:228 (A) Establish differing reduced compliance or reporting requirements or and differing229 timetables for small businesses;230 (B) Clarify, consolidate, or simplify the compliance and reporting requirements under231 the rule for small businesses;232 (C) Establish performance rather than design standards for small businesses; or233 (D) Exempt small businesses from any or all requirements of the rules;234 (4) In the formulation and adoption of any rule which places administrative burdens on235 charitable organizations in this state, including, but not limi ted to, any rule that would236 require any new or expanded filing or reporting requirements or that would limit the237 ability of charitable organizations to solicit or collect funds, the agency or official shall:238 (A) Absent the showing of a compelling state interest, not impose any annual filing or239 reporting requirements on an organization regulated or specific ally exempted from240 regulation under Chapter 17 of Title 43, the 'Georgia Charitabl e Solicitations Act of241 1988,' that are more burdensome than the requirements authorized by applicable law,242 and any such filing or reporting requirements shall be narrowly tailored to achieve such243 compelling state interest. The requirements of this subparagraph shall not apply to the244 state's direct spending programs; and245 H. B. 1247 - 10 - 26 HB 1247/AP (B) Email the notice provided for in paragraph (1) of this sub section to each246 chairperson of any standing committee in each house as shown on the General247 Assembly's website.248 For purposes of this paragraph, the term 'charitable organizati on' means a nonprofit249 charitable organization which is exempt from taxation under the provisions of250 Section 501(c)(3) of the United States Internal Revenue Code; and251 (5) In the formulation and adoption of any rule, an agency sha ll choose an alternative252 that does not impose excessive regulatory costs on any regulated person or entity which253 costs could be reduced by a less expensive alternative that fully accomplishes the stated254 objectives of the statutes which are the basis of the proposed rule."255 "(f)(1) In the event a standing committee to which a notice is assigned as provided in256 subsection (e) of this Code section files an objection objects to a proposed rule prior to257 its adoption and the agency adopts the proposed rule over the objection, the rule may be258 considered by the branch house of the General Assembly whose committee objected to259 its adoption by the introduction of a resolution for the purpose of overriding the rule at260 any time within the first 30 days of the next regular session of the General Assembly. It261 shall be the duty of any agency which adopts a proposed rule over such objection so to262 notify the presiding officers of the Senate and the House of Re presentatives, the263 chairpersons of the Senate and House committees to which the rule was referred, and the264 legislative counsel within ten days after the adoption of the r ule. In the event the265 resolution is adopted by such branch house of the General Assembly, it shall be266 immediately transmitted to the other branch house of the General Assembly. It shall be267 the duty of the presiding officer of the other branch house of the General Assembly to268 have such branch house, within five days after the receipt of the resolution, to consider269 the resolution for the purpose of overriding the rule. In the event the resolution is270 adopted by two-thirds a m a j o r i t y of the votes of each branch house of the General271 Assembly, the rule shall be void on the day after the adoption of the resolution by the272 H. B. 1247 - 11 - 26 HB 1247/AP second branch house of the General Assembly. In the event the resolution is ratified by273 less than two-thirds of the votes of either branch house, the resolution shall be submitted274 to the Governor for his or her approval or veto. In the event of his or her veto, the rule275 shall remain in effect. In the event of his or her approval, t he rule shall be void on the276 day after the date of his or her approval.277 (2) In the event each standing committee to which a notice is assigned as provided in278 subsection (e) of this Code section files an objection to a pro posed rule prior to its279 adoption by a two-thirds' majority of the vote of the members of the committee who were280 voting members on the tenth day of the current session, after having given public notice281 of the time, place, and purpose of such vote at least 48 hours in advance, as well as the282 opportunity for members of the public including the promulgatin g agency, to have a283 reasonable time to comment on the proposed committee action at the hearing, the284 effectiveness of such rule shall be stayed until the next legislative session at which time285 the rule may be considered by the General Assembly by the introduction of a resolution286 in either branch of the General Assembly for the purpose of ove rriding the rule at any287 time within the first 30 days of the next regular session of the General Assembly. In the288 event the resolution is adopted by the branch house of the General Assembly in which it289 was introduced, it shall be immediately transmitted to the othe r branch house of the290 General Assembly. It shall be the duty of the presiding officer of the other branch house291 of the General Assembly to have such branch house, within five days after the receipt of292 the resolution, to consider the resolution for the purpose of o verriding the rule. In the293 event the resolution is adopted by two-thirds a majority of the votes of each branch house294 of the General Assembly, the rule shall be void on the day afte r the adoption of the295 resolution by the second branch house of the General Assembly. In the event the296 resolution is ratified by less than two-thirds a majority of the votes of either branch house,297 the resolution shall be submitted to the Governor for his or her approval or veto. In the298 event of his or her veto, the rule shall remain in effect. In the event of his or her299 H. B. 1247 - 12 - 26 HB 1247/AP approval, the rule shall be void on the day after the date of his or her approval. If after300 the thirtieth legislative day of the legislative session of which the challenged rule was to301 be considered the General Assembly has not considered an overri de of the challenged302 rule pursuant to this subsection, the rule shall then immediately take effect."303 SECTION 3-4.304 Said title is further amended by adding a new Code section to read as follows:305 "50-13-24.306 (a) Except as otherwise provided in subsection (b) of this Cod e section and subject to307 appropriations, on or before July 1, 2028, and at the end of ea ch five-year period ending308 on July 1 thereafter, each agency shall prepare and submit to the director of the Office of309 Planning and Budget a report containing an analysis of each rule of such agency.310 (b) A rule shall not be subject to the periodic reporting requ irement provided under311 subsection (a) of this Code section if such rule:312 (1) Was promulgated pursuant to a federal government mandate, authorization, or a dual313 supervisory regime;314 (2) States the general course and methodology of an agency's operations and the methods315 whereby the public may obtain information or make submissions or requests;316 (3) Is a rule of practice setting forth the nature and require ments of all formal and317 informal procedures made available by an agency, including a de scription of all forms318 and instructions used by such agency; or319 (4) Is promulgated by the Department of Agriculture, the Depar tment of Natural320 Resources, the Environmental Protection Division, or the Public Service Commission.321 (c) On or before January 1 of the year a report required under subsection (a) of this Code322 section becomes due, the Office of Planning and Budget shall, i n consultation with the323 Budget and Research Office of the House of Representatives and the Budget and324 H. B. 1247 - 13 - 26 HB 1247/AP Evaluation Office of the Senate, establish and publish directions for the form and content325 of such report, including, but not limited to, provisions requiring:326 (1) Analysis of the impact, cost, effectiveness, and streamlining of agency rules; and327 (2) Identification of rules an agency has consolidated, repeal ed, or updated since such328 agency's last report submitted under subsection (a) of this Code section.329 (d) In the year succeeding the date on which a report prepared pursuant to subsection (a)330 of this Code section becomes due to the director of the Office of Planning and Budget, the331 Governor shall, in the budget report prepared and submitted to the General Assembly under332 Code Section 45-12-74, include a statement informing the General Assembly whether each333 agency has complied, in whole or in part, with the requirements of subsection (a) of this334 Code section.335 (e) The Governor may consider an agency's noncompliance with s ubsection (a) of this336 Code section in making recommendations for the budget units of such agency provided337 under paragraph (5) of Code Section 45-12-75.338 (f) A member of the General Assembly may submit a written inqu iry to an agency in339 connection with a report submitted under subsection (a) of this Code section. An agency340 in receipt of such inquiry shall submit a written response to the member within 30 calendar341 days of receipt of such inquiry; provided, however, that an agency's noncompliance with342 this subsection shall not delay consideration of the general appropriations bill under Code343 Section 28-5-4.344 (g) The director of the Office of Planning and Budget shall pu blish on its website final345 reports prepared pursuant to subsection (a) of this Code sectio n as soon as feasible after346 receipt of such reports."347 H. B. 1247 - 14 - 26 HB 1247/AP PART IV348 SECTION 4-1.349 The General Assembly finds that:350 (1) Individuals experiencing unsheltered homelessness in metro Atlanta are entitled to351 compassionate, coordinated, and accountable delivery of service s and are within352 proximity to multiple providers of such services. The state has a substantial interest in353 ensuring that such individuals are treated with dignity and res pect and that services354 provided to them are delivered in a manner that promotes stabil ity, recovery, and355 long-term well-being;356 (2) Many unsheltered individuals experience co-occurring menta l health disorders,357 substance use disorders, adve rse physical hea lth conditions, or trauma related needs358 requiring therapeutic intervention and structured support. The state has a compelling359 interest in ensuring that public resources directed toward thes e populations facilitate360 meaningful access to appropriate therapeutic assistance and that service delivery systems361 are coordinated to reduce duplication, fragmentation, and gaps in care;362 (3) Effective tracking and evaluation of services provided to unsheltered homeless363 individuals advances the public health, safety, and general welfare of both the individuals364 served and the broader community. Transparent data collection and outcome365 measurement enable state and local authorities to assess whethe r services are reducing366 chronic homelessness, mitigating risks associated with untreate d behavioral health367 conditions, and promoting safer and healthier communities; and368 (4) The state appropriates substantial public funds to support homelessness outreach,369 housing stabilization, and behavioral health services in metro Atlanta. The state has a370 legitimate and compelling interest in ensuring that such approp riations are expended371 efficiently and effectively, that funded services produce measurable outcomes, and that372 H. B. 1247 - 15 - 26 HB 1247/AP data-driven oversight mechanisms are implemented to promote accountability, eliminate373 waste, and maximize the positive impact of taxpayer resources.374 SECTION 4-2.375 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended376 in Chapter 8, relating to the Department of Community Affairs, by adding a new Code377 section to read as follows:378 "50-8-19.379 (a) As used in the Code section, the term 'outreach services' means providing medical care,380 clothing, food, or shelter.381 (b)(1) Each privately funded organization that operates a shel ter or provides outreach382 services to homeless individuals within 1,000 feet in any direction of the property of an383 elementary or secondary school; university, college, or technic al college; child care384 learning center, as such term is defined in Code Section 20-1A-2; public park; or public385 playground shall be required to participate as an authorizing agency for purposes of the386 Georgia Homeless Management Information System (HMIS).387 (2) The owner or operator of any such organization that violates this subsection shall be388 issued a citation by a law enforcement officer for such violation and the violation shall389 be deemed noncriminal.390 (c) The provisions of subsection (b) of this Code section shall not apply to any privately391 funded and operated organization that provided outreach services, employment, or social392 services to fewer than ten individuals during the preceding 12 months.393 (d) This Code section shall only apply to properties provided for in subsection (b) of this394 Code section that are located within a ten-mile radius of a mun icipal corporation that is395 located in more than one county, that levies a sales tax for the purposes of a metropolitan396 area system of public transportati on, and that has within its b oundaries an independent397 school system."398 H. B. 1247 - 16 - 26 HB 1247/AP PART V399 SECTION 5-1.400 This Act shall become effective upon its approval by the Governor or upon its becoming law401 without such approval.402 SECTION 5-2.403 All laws and parts of laws in conflict with this Act are repealed.404 H. B. 1247 - 17 -