---
title: SB 615. Incorporation of Municipal Corporations; county police services for qualified municipalities; provide
collection: bills
id: 2025-2026/sb615
cite_as: SB 615, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb615
md_url: https://georgiacommons.org/bills/2025-2026/sb615.md
text_url: https://georgiacommons.org/bills/2025-2026/sb615/text
source_url: https://www.legis.ga.gov/legislation/73796
date: 2026-03-04
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb615.md?full=1
bill_number: SB 615
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-03-03
last_action: Senate Read and Referred
sponsors:
- Donzella James
- Sheikh Rahman
- Ed Harbison
- Randal Mangham
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB615/2025
upstream_id: 2128621
summaries_model: claude-sonnet-5
topic_tags:
- municipal incorporation
- local police services
- stormwater infrastructure
- property taxes
- county-city relations
---
# SB 615. Incorporation of Municipal Corporations; county police services for qualified municipalities; provide
## Text
Senate Bill 615
By: Senators James of the 28th, Rahman of the 5th, Harbison of the 15th and Mangham of
the 55th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to
incorporation of municipal corporations, so as to provide for county police services for
qualified municipalities; to hold certain agreements void; to provide for special service
districts to raise funds for police services for qualified municipalities; to prohibit qualified
municipalities from taking control of, maintaining, or responsibility for certain infrastructure;
to provide for exceptions; to provide qualified municipalities access to certain provisions; to
provide for a definition; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation
of municipal corporations, is amended in Code Section 36-31-11.1, relating to municipality
control over parks and fire stations, by revising paragraph (1) of subsection (a), by revising
subsection (d), and by adding new subsections to read as follows:
"(1) 'County' means:
(A) A a county in which a tax is being levied and collected for purposes of a
metropolitan area system of public transportation.; or
(B) Any county which owns, operates, or maintains, directly or by service agreement,
a transit system that links with or provides transfers to and from a metropolitan system
of public transportation."
"(c.1) A qualified municipality created by local Act which became law on or after
January 1, 2022, shall continue to receive police and law enforcement services from the
county in which such qualified municipality was created so long as property owners within
a qualified municipality continue to pay a property tax to the county's general fund. Such
county shall not charge or assess, by agreement or otherwise, any cost to the qualified
municipality for the county's provision of police and law enforcement services separate
from the property tax paid by such qualified municipality's property owners into the
county's general fund, nor shall the county raise the general fund millage rate for such
qualified municipality's property owners in a manner which is inconsistent with the general
fund millage rate paid by unincorporated property owners. Such county may create a
special service district to be funded by property owners of both the qualified municipality
and the county for police and law enforcement services so long as the rate set by the county
for such special service district is paid by property owners of both the qualified
municipality and the county. A qualified municipality may elect not to utilize the county
in which such qualified municipality was created for the provision of police and law
enforcement services. This Code section shall not prohibit the county in which a qualified
municipality was created from adding other municipalities to any special service district
created by the county for police and law enforcement services. Any agreement inconsistent
with this Code section shall be void.
(d) A qualified municipality located within a county that charges fees on a periodic basis
for the provision of water or sewer services, or both, including but not limited to storm
water services, may elect to continue receiving such services for the same fees charged
residents in the unincorporated area of the county. Such election may be set forth in the
local Act creating such qualified municipality or be made by resolution of the governing
authority of the qualified municipality provided the governing authority of the qualified
municipality delivers a copy of such resolution to the governing authority of the county
within 30 days after the date the resolution is adopted. A qualified municipality shall not
take control of, maintain, be responsible for, or hold title to any infrastructure designed to
temporarily retain 500 gallons or more of storm water or any dams or detention ponds
located within the boundaries of such municipality that, prior to the creation of such
municipality, were controlled, maintained, or the responsibility of the county in which such
qualified municipality was created unless such municipality provides notice to the county
by resolution of its intent to do otherwise. Regardless of any transition period, the county
shall continue to control, maintain, and be responsible for such infrastructure in the same
manner and degree as the county did prior to the incorporation of the qualified municipality
until the qualified municipality and the county agree otherwise. The provisions of any
agreement requiring a qualified municipality to accept ownership of detention ponds or
other water and sewer related infrastructure as a condition to continuing to receive water
or sewer services, or both, including but not limited to storm water services, from the
county, shall be void."
"(m) Notwithstanding any other provision of law to the contrary, the provisions of this
Code section shall be available and applicable to any qualified municipality at any time."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would require certain counties to keep providing police protection to newer cities carved out of them, and would limit when those new cities can be forced to take over stormwater ponds and dams from the county.
### Plain-language summary
When a Georgia community incorporates as a new city (called a 'qualified municipality' in this law), questions often arise about who keeps providing services like police protection, water, sewer, and stormwater infrastructure. This bill amends Georgia's municipal incorporation law (O.C.G.A. § 36-31-11.1) to address those questions for cities created by a local Act on or after January 1, 2022.
The bill says the county that created such a city must keep providing police and law enforcement services as long as residents keep paying county property taxes, and the county cannot charge the new city extra for that protection or raise its tax rate unevenly. Counties can instead set up a special taxing district that charges both the city and the rest of the county the same rate. New cities can also opt out of county police service. Separately, the bill blocks counties from forcing new cities to take ownership of large stormwater retention systems, dams, or detention ponds unless the city agrees, and voids contract clauses that require a city to accept that infrastructure as a condition of keeping water, sewer, or stormwater service. It also broadens the definition of a covered 'county' to include ones linked to a metro transit system, and makes these protections available to any qualified municipality at any time.
### What it does
- Requires a county to keep providing police and law enforcement services to a newly incorporated city as long as its residents pay county property taxes, unless the city opts out.
- Bars the county from charging the new city separately for police protection or raising its property tax rate unevenly compared to unincorporated areas.
- Allows counties to create a special taxing district so both the new city and county residents pay the same rate for shared police services.
- Voids any prior agreement that conflicts with these police service rules.
- Prohibits counties from forcing a new city to take ownership of stormwater retention systems, dams, or detention ponds unless the city agrees by resolution.
- Voids contract terms requiring a new city to accept ownership of water, sewer, or stormwater infrastructure just to keep receiving those county services.
### Who it affects
Newly incorporated Georgia cities created by local legislation since January 1, 2022, the counties that used to serve those areas, property owners inside both the new cities and the surrounding county, and local governments negotiating police, water, sewer, and stormwater service agreements.
### Why it matters
Newly formed cities in Georgia have sometimes faced disputes with their home counties over losing police coverage or being pushed to take on costly infrastructure like detention ponds. This bill would lock in continued police service and limit surprise infrastructure transfers, affecting how new cities and counties split services and costs.
### Key provisions
- Section 1 revises the definition of 'county' in O.C.G.A. § 36-31-11.1 to include counties that own or operate a transit system linking to a metro transit system, not just those levying a transit tax.
- Adds new subsection (c.1) guaranteeing continued county police and law enforcement service to qualifying new cities as long as residents pay county property tax, with no extra charge or unequal millage increase.
- Subsection (c.1) allows the county to create a special service district charging equal rates to city and county property owners for shared police services, and lets a city opt out of county policing.
- Declares void any agreement that conflicts with the new police service rules in (c.1).
- Revises subsection (d) to extend fee-continuity protections to stormwater services, not just water and sewer.
- Adds language to subsection (d) barring counties from making a new city take control of large stormwater infrastructure, dams, or detention ponds unless the city agrees by resolution, and voiding agreements that condition service on accepting such infrastructure.
- New subsection (m) makes all these protections available to any qualified municipality at any time, regardless of other laws.
## Status
- Status: Introduced (2026-03-03)
- Last action: Senate Read and Referred (2026-03-04)
- Sponsors: Donzella James, Sheikh Rahman, Ed Harbison, Randal Mangham
- Official page: https://www.legis.ga.gov/legislation/73796
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb615.md?full=1