HB1509: HB1509 Local government; zoning procedures; operation of immigration detention centers; require special use permits

26 LC 47 4105 House Bill 1509 By: Representatives Holly of the 116th, Sanchez of the 42nd, Santos of the 117th, and Berry of the 56th A BILL TO BE ENTITLED AN ACT To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to1 zoning procedures applicable to counties and municipal corporations, so as to require local2 governments that have adopted zoning ordinances to require spec ial use permits for the3 operation of immigration detention centers; to provide for definitions; to provide for related4 matters; to provide for an effective date and applicability; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Chapter 66 of Title 36 of the Official Code of Georgia Annotate d, relating to zoning9 procedures applicable to counties and municipal corporations, is amended by adding a new10 Code section to read as follows:11 "36-66-8.12 (a) As used in this Code section, the term:13 (1) 'Detainee' means a noncitizen who is held in an immigration detention center pending14 immigration proceedings or removal from the United States under the authority of the15 H. B. 1509 - 1 - 26 LC 47 4105 United States Department of Homeland Security, United States Immigration and Customs16 Enforcement, or any other department or agency of the federal government.17 (2) 'Immigration detention center' means any facility located in this state that holds18 detainees, including private facilities contracted by the federal government to hold such19 detainees.20 (3) 'Permit' means a written governmental permission issued by an authorized official,21 empowering the holder thereof to do some act not forbidden by l aw but not allowed22 without such authorization.23 (4) 'Special use' means a use being permitted if it meets stated conditions and is approved24 as provided for in a local government's zoning ordinance.25 (b) Notwithstanding any other provision of this chapter, a loc al government that has26 adopted a zoning ordinance pursuant to this chapter shall not adopt or enforce any zoning27 decision or zoning ordinance that does not require the issuance of a special use permit for:28 (1) The operation or development of a detention center upon any real property within the29 territorial boundaries of such local government; or30 (2) The transfer of any real property within the territorial b oundaries of such local31 government to the federal government for the operation of a detention center."32 SECTION 2.33 This Act shall become effective on July 1, 2026, and shall appl y to all zoning decisions34 occurring on and after such date.35 SECTION 3.36 All laws and parts of laws in conflict with this Act are repealed.37 H. B. 1509 - 2 -