SB137: SB137 City of Mulberry; provisions related to jurisdiction of the municipal court; revise

The City of Mulberry was incorporated in Gwinnett County by a 2024 Act of the Georgia General Assembly. This bill amends that founding charter in two ways. First, it rewrites the section defining the municipal court's jurisdiction so the court can try and punish violations of the city charter, city ordinances, and any other violations provided by law, rather than the narrower jurisdiction set out originally. Second, it updates the charter's transition provisions covering the period when Gwinnett County still provides city services. It confirms Gwinnett County must keep providing the same government services and functions at the same cost as in 2023 and 2024, bars county zoning changes in the city during that period, and requires 60 days' written notice before the city takes over a service. It also clarifies that shifting legal jurisdiction to the city's municipal court does not automatically end pending Gwinnett County court cases or prosecutions.

• Rewrites the municipal court's jurisdiction clause so it covers violations of the city charter, all city ordinances, and other violations provided by law.
• Requires Gwinnett County to keep providing the same government services and functions in Mulberry at 2023-2024 cost levels during the transition period.
• Bars Gwinnett County from making zoning changes to property inside Mulberry during the transition period.
• Requires the City of Mulberry to give Gwinnett County at least 60 days' written notice before taking over a service or function.
• Specifies that shifting legal jurisdiction to Mulberry's municipal court does not by itself end pending Gwinnett County judicial proceedings or ordinance prosecutions.
• Repeals any existing laws that conflict with these changes.

Residents and property owners within the City of Mulberry, Gwinnett County government agencies currently providing services there, the Mulberry municipal court, and anyone with a pending Gwinnett County court case or ordinance prosecution tied to the city's territory.

The changes determine which court handles legal violations in Mulberry and ensure county services and zoning stay stable while the new city sets up its own operations, while also protecting ongoing Gwinnett County cases from being dismissed as jurisdiction shifts to the city.

• Section 1 revises subsection (a) of Section 4.13 to expand the municipal court's authority to charter violations, city ordinances, and other legally provided violations.
• Section 2 revises subsection (e) of Section 8.11 to keep Gwinnett County providing services at 2023-2024 cost and bar county zoning changes during the transition, with a 60-day notice requirement for service transfers.
• Section 2 also revises subsection (g) of Section 8.11 to state that jurisdictional transfers to the Mulberry municipal court do not abate pending Gwinnett County judicial proceedings or ordinance prosecutions.
• Section 3 repeals all laws and parts of laws that conflict with the Act.

1. 2025-05-14Effective Date 2025-05-14
2. 2025-05-14Act 355
3. 2025-05-14Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-02-27House Passed/Adopted (House)
6. 2025-02-27House Third Readers (House)
7. 2025-02-27House Committee Favorably Reported (House)
8. 2025-02-21House Second Readers (House)

• Clint Dixon (R, SD-045)Primary sponsor
• Chuck Efstration (R, HD-104)

1. PassedSenate voteFebruary 19, 2025

   51 yea, 0 nay (2 not voting, 3 absent)

   Local Consent Calendar: Senate Vote #62

2. PassedHouse voteFebruary 27, 2025

   169 yea, 0 nay (5 not voting, 6 absent)

   Local Calendar : House Vote #99

• municipal court jurisdiction
• city of Mulberry
• Gwinnett County services
• local government transition
• city charters