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Georgia General Assembly · Full text

SB 615: Incorporation of Municipal Corporations; county police services for qualified municipalities; provide

Introduced version, the latest LegiScan holds · Last action March 4, 2026 · Introduced

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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.