Committee advances bill to limit agency deference to courts, sponsors cite recent state cases
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Summary
House Bill 1247, the 'Bureaucratic Deference Elimination Act' introduced by Rep. Matt Reeves, would codify a nondelegation principle that, sponsors say, requires courts — not agencies — to resolve questions of statutory or constitutional interpretation; the committee reported the bill favorably after extended questioning and a failed motion to table.
Rep. Matt Reeves introduced HB 1247 as legislation to "codify the nondelegation doctrine" in Georgia state law and to make clear that courts, rather than agencies, determine the meaning of statutes, regulations and the constitution. Reeves described the measure as aligning statute with recent appellate decisions, saying the bill "gets us back to the basics of codifying and making it clear in Georgia" that elected officials make the law and courts interpret it.
Committee members pressed the sponsor on several fronts: why the bill was in Governmental Affairs rather than Judiciary; whether the measure would invite additional appeals by forbidding courts from deferring to agency interpretations; and whether the bill would undermine reliance on agencies' technical expertise in highly technical factual matters. Rep. Roberts queried how a court could demonstrate it had not 'deferred' if it reached the same conclusion as an agency; Scott Turner, a participant in the EVA litigation, responded that "deference is giving unequal weight" and that judges would still consider agency positions but must explain their reasoning and base decisions on law rather than tipping the scales to agency interpretations.
Members also debated which cases prompted the bill; sponsors cited the recent EVA decision involving the state elections board and earlier professional licensing cases (Raffensperger v. Jackson) as motivating precedent. A motion to table was moved, considered immediately by the chair, and the chair ruled the 'no's' had it so discussion continued. Ultimately, the committee moved and seconded a motion to 'do pass' and reported HB 1247 favorably by voice vote.
The transcript records extensive back-and-forth on definitions and judicial role but does not contain a roll-call vote or fiscal impacts.
