HB1396: HB1396 State government; require certain privately funded organizations that operate a shelter or provide outreach services to homeless individuals participate in the Georgia Homeless Management Information System (HMIS)

26 LC 56 0608 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 Cod e of Georgia Annotated,1 relating to general provisions relative to the Department of Co mmunity Affairs, so as to2 require certain privately funded organizations that operate a s helter or provide outreach3 services to homeless individua ls within 1,000 f eet of schools, public parks, public4 playgrounds, or certain child care facilities to participate in t h e G e o r g i a H o m e l e s s5 Management Information System (HMIS); to provide violations and for noncriminal6 citations; to provide for exceptions; to provide for a territory of applicability; to provide for7 legislative findings; to provide for definitions; to provide fo r related matters; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 The General Assembly finds that:12 (1) Individuals experiencing unsheltered homelessness in metro Atlanta are entitled to13 compassionate, coordinated, and accountable delivery of service s and are within14 proximity to multiple providers of such services. The state has a substantial interest in15 ensuring that such individuals are treated with dignity and res pect and that services16 H. B. 1396 - 1 - 26 LC 56 0608 provided to them are delivered in a manner that promotes stabil ity, recovery, and17 long-term well-being;18 (2) Many unsheltered individuals experience co-occurring menta l health disorders,19 substance use disorders, adverse physical health conditions, or trauma related needs20 requiring therapeutic intervention and structured support. The state has a compelling21 interest in ensuring that public resources directed toward thes e populations facilitate22 meaningful access to appropriate therapeutic assistance and that service delivery systems23 are coordinated to reduce duplication, fragmentation, and gaps in care;24 (3) Effective tracking and evaluation of services provided to unsheltered homeless25 individuals advances the public health, safety, and general welfare of both the individuals26 served and the broader community. Transparent data collection and outcome27 measurement enable state and local authorities to assess whethe r services are reducing28 chronic homelessness, mitigating risks associated with untreate d behavioral health29 conditions, and promoting safer and healthier communities; and30 (4) The state appropriates substantial public funds to support homelessness outreach,31 housing stabilization, and behavioral health services in metro Atlanta. The state has a32 legitimate and compelling interest in ensuring that such approp riations are expended33 efficiently and effectively, that funded services produce measurable outcomes, and that34 data-driven oversight mechanisms are implemented to promote accountability, eliminate35 waste, and maximize the positive impact of taxpayer resources.36 SECTION 2.37 Article 1 of Chapter 8 of Title 50 of the Official Code of Geor gia Annotated, relating to38 general provisions relative to the Department of Community Affairs, is amended by adding39 a new Code section to read as follows:40 H. B. 1396 - 2 - 26 LC 56 0608 "50-8-19.41 (a) As used in the Code section, the term 'outreach services' means providing medical care,42 clothing, food, or shelter.43 (b)(1) Each privately funded organization that operates a shel ter or provides outreach44 services to homeless individuals within 1,000 feet in any direction of the property of an45 elementary or secondary school; university, college, or technic al college; child care46 learning center, as such term is defined in Code Section 20-1A-2; public park; or public47 playground shall be required to participate as an authorizing agency for purposes of the48 Georgia Homeless Management Information System (HMIS).49 (2) The owner or operator of any such organization that violates this subsection shall be50 issued a citation by a law enforcement officer for such violation and the violation shall51 be deemed noncriminal.52 (c) The provisions of subsection (b) of this Code section shall not apply to any privately53 funded and operated organization that provided outreach services, employment, or social54 services to fewer than ten individuals during the preceding 12 months.55 (d) This Code section shall only apply to properties provided for in subsection (b) of this56 Code section that are located within a ten-mile radius of a mun icipal corporation that is57 located in more than one county, that levies a sales tax for the purposes of a metropolitan58 area system of public transportati on, and that has within its b oundaries an independent59 school system."60 SECTION 3.61 All laws and parts of laws in conflict with this Act are repealed.62 H. B. 1396 - 3 -