HB309: HB309 Local government; require adoption of a resolution or ordinance and voter approval prior to abolishment of a police force that was created by such method

Under current law, a county governing authority can abolish a county police force at will, even one that voters created through a special election. This bill changes that: if a county police force was created by a resolution or ordinance approved by voters, it can only be abolished through a similar resolution or ordinance that is then put back to the voters in a referendum. If voters reject the abolishment, the question cannot be put to them again for 48 months. The bill also rewrites several permitting rules. It sets stricter timelines and notice requirements for local governments reviewing building inspections and land-disturbance (erosion control) permits, requires written reasons for permit denials, and lets applicants sue for a court order (mandamus) if a local government misses deadlines. Starting January 1, 2028, larger local governments (those issuing more than 250 building permits a year) must run a public website showing real-time permit status. The bill also limits how local building moratoria apply to properties that already have written development approval, and it revises which bodies can hold teleconference meetings under the state's open meetings law (O.C.G.A. § 50-14-1).

• Requires a county police force originally created by voter-approved resolution or ordinance to be abolished only through a new resolution or ordinance plus a countywide voter referendum.
• Bars a repeat abolishment vote for 48 months if voters reject the county's proposal to abolish the police force.
• Sets firm deadlines (45 days, with extensions for resubmissions) for local governments to approve or deny land-disturbance permits and requires refunding fees if deadlines are missed.
• Requires local governments to give permit applicants a written list of specific reasons for any denial or non-acceptance, tied to actual legal requirements.
• Creates a right for permit applicants to seek mandamus relief in superior court if a local government fails to meet the law's permitting deadlines.
• Requires larger local governments to post real-time online status information for building permit applications starting January 1, 2028.

County governing authorities and voters in counties with voter-created police forces, applicants seeking building or land-disturbance permits, private inspection providers, county and municipal permitting offices, and public bodies such as development authorities that hold teleconference meetings under the state's open meetings law.

Voters who created a county police force through a referendum would gain a guaranteed say before it can be dissolved, rather than leaving that decision entirely to county commissioners. Permit applicants would get faster, clearer answers and a legal remedy if local governments stall, and residents in larger jurisdictions could track permit status online.

• Section 5 rewrites O.C.G.A. § 36-8-2 so a voter-created county police force can be abolished only by a resolution or ordinance approved again by county voters in a referendum, with a 48-month waiting period after a rejected vote.
• Section 3 revises O.C.G.A. § 12-7-9 to require permits be issued or denied within 45 days of filing, with shorter deadlines (20 or 14 days) after resubmissions addressing denial reasons.
• Section 4 revises O.C.G.A. § 12-7-11 to require written, specific reasons for permit denials and creates a mandamus remedy in superior court for applicants harmed by missed deadlines.
• Section 1 changes local building inspection rules so a private inspector's report is deemed approved if the local government does not flag deficiencies within two business days.
• Section 6 adds O.C.G.A. § 36-60-34, requiring local governments that issue more than 250 building permits a year to post real-time, publicly searchable permit status information online starting January 1, 2028.
• Section 7 adds O.C.G.A. § 36-60-35, exempting properties with prior written development approval from new local permitting or zoning moratoria.
• Section 8 revises O.C.G.A. § 50-14-1 to change which development authorities may hold open meetings by teleconference.

1. 2026-04-02Senate Passed/Adopted By Substitute (Senate)
2. 2026-04-02Senate Third Read (Senate)
3. 2026-04-02Senate Taken from Table (Senate)
4. 2026-03-31Senate Tabled (Senate)
5. 2026-03-31Senate Third Read (Senate)
6. 2026-03-27Senate Committee Favorably Reported By Substitute (Senate)
7. 2026-01-12Senate Recommitted (Senate)
8. 2025-03-21Senate Read Second Time (Senate)

• Rob Clifton (R, HD-131)Primary sponsor
• Houston Gaines (R, HD-120)
• Marcus Wiedower (R, HD-121)
• Stan Gunter (R, HD-008)
• Clint Crowe (R, HD-118)
• Clint Dixon (R, SD-045)

1. PassedHouse voteMarch 4, 2025

   169 yea, 3 nay (5 not voting, 3 absent)

   Passage: House Vote #151

2. PassedSenate voteApril 2, 2026

   47 yea, 0 nay (3 not voting, 4 absent)

   Passage By Substitute: Senate Vote #947

• county police forces
• local elections and referendums
• building permits
• land disturbance permits
• open meetings law