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:
<ins>(A) A</ins> <del>a</del> county in which a tax is being levied and collected for purposes of a
metropolitan area system of public transportation.; <ins>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.
</ins> (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, <ins>including but not limited to storm
</ins>
<ins>water services,</ins> 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. <ins>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."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.