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GeorgiaSB 5352025-2026 Regular SessionSenateWALLET

Mental Health; the re-creation of community service boards; provide

Sponsored By: Kay Kirkpatrick (Republican)

Signed by Governor

Public and Community HealthHealth and Human ServicesGeneral Bill

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 3 costs, 1 mixed.

Consumers gain voice on service boards

The state behavioral health department must establish common board rules by December 31, 2026, and boards must adopt them. Service users and family members must hold at least 50% of seats appointed under subsection (b), paragraphs (1) and (2). These appointees must represent mental health, developmental disabilities, and addiction interests equally as far as possible. Regular terms are three years, excluding executive directors; elected officials serve for their elected terms. Single-county boards must have seven to nine members, excluding executive directors and additional appointees under paragraphs (2) and (3). Remaining board members or the commissioner can remove members whose missed training remains unfinished for 30 days after notice. They can also remove members who violate the state ethics code, as authorized by law.

Georgia service boards continue under new structure

Beginning July 1, 2026, Georgia re-creates community service boards that existed on June 30, 2026. They remain public agencies for mental health, developmental disabilities, and addiction services. Their contracts, rights, duties, and benefits existing on June 30, 2026, continue. Counties authorized to appoint board members must help operate programs with the boards and the state department. Each board is a public corporation and state instrumentality, but its debts do not become state or local government debts.

Board members lose expense reimbursement authority

The law removes the stated authority to reimburse community service board members for actual board-duty expenses with executive director approval. Members lose this legal basis for reimbursement. The law gives no dollar amount and does not address whether another reimbursement authority applies.

Service workers face narrower retaliation protection

Community service board employees retain protection when reporting possible fraud, waste, or abuse involving programs, operations, or client services. Reports cannot be knowingly false or made with willful disregard for whether they are true. Board members and employees with personnel-action authority cannot take or threaten personnel action because of these reports. The rule no longer expressly includes officers among those barred from retaliating, narrowing its stated coverage.

Service boards face tighter financial approvals

Beginning July 1, 2026, executive directors must approve community service board debts, liabilities, and obligations. Debt payments remain capped at 15% of the board’s prior-year revenue. Forming or joining a qualifying nonprofit entity requires approval from both the executive director and commissioner. Its purposes must fit the board’s powers or support cooperation among its members. State department contract money cannot pay to form or operate the entity. The governing board must take this action itself unless another law authorizes otherwise. Joining a trade association or business league also requires executive director approval.

Service directors gain power over boards

Beginning July 1, 2026, executive directors join the governing boards of community service boards existing on June 30, 2026. Directors are exempt from a contracting-related board eligibility restriction that still applies to certain other people. Starting July 1, directors control staffing, set employment and clinical policies, manage daily operations, and end contracts under their terms. Boards can delegate their statutory powers to directors. If the commissioner finds a board is not properly exercising its powers, the Governor can approve director action without board approval. This override excludes the power listed in subsection (m).

Sponsors & Cosponsors

Sponsor

  • Kay Kirkpatrick

    Republican • Senate

Cosponsors

  • Sharon Cooper

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 175 • No: 33

House vote • 3/16/2026

PASSAGE

Yes: 130 • No: 31 • Other: 9

Senate vote • 2/26/2026

PASSAGE BY SUBSTITUTE

Yes: 45 • No: 2 • Other: 2

Actions Timeline

  1. Effective Date

    7/1/2026

  2. Senate Date Signed by Governor

    5/5/2026Senate

  3. Act 412

    5/5/2026

  4. Senate Sent to Governor

    4/10/2026Senate

  5. House Third Readers

    3/16/2026House

  6. House Passed/Adopted

    3/16/2026House

  7. House Committee Favorably Reported

    3/12/2026House

  8. House Second Readers

    3/4/2026House

  9. House First Readers

    3/3/2026House

  10. Senate Third Read

    2/26/2026Senate

  11. Senate Passed/Adopted By Substitute

    2/26/2026Senate

  12. Senate Read Second Time

    2/25/2026Senate

  13. Senate Committee Favorably Reported By Substitute

    2/24/2026Senate

  14. Senate Read and Referred

    2/20/2026Senate

  15. Senate Hopper

    2/19/2026Senate

Bill Text

  • SB 535/AP* (v7)

    PDF

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