SB615: SB615 Incorporation of Municipal Corporations; county police services for qualified municipalities; provide

26 LC 62 0456 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 to1 incorporation of municipal corporations, so as to provide for c ounty police services for2 qualified municipalities; to hold certain agreements void; to p rovide for special service3 districts to raise funds for police services for qualified municipalities; to prohibit qualified4 municipalities from taking control of, maintaining, or responsibility for certain infrastructure;5 to provide for exceptions; to provide qualified municipalities access to certain provisions; to6 provide for a definition; to provide for related matters; to re peal conflicting laws; and for7 other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation11 of municipal corporations, is amended in Code Section 36-31-11.1, relating to municipality12 control over parks and fire stations, by revising paragraph (1) of subsection (a), by revising13 subsection (d), and by adding new subsections to read as follows:14 S. B. 615 - 1 - 26 LC 62 0456 "(1) 'County' means:15 (A) A a county in which a tax is being levied and collected for purpos es of a16 metropolitan area system of public transportation.; or17 (B) Any county which owns, operates, or maintains, directly or by service agreement,18 a transit system that links with or provides transfers to and from a metropolitan system19 of public transportation."20 "(c.1) A qualified municipality created by local Act which beca me law on or after21 January 1, 2022, shall continue to receive police and law enfor cement services from the22 county in which such qualified municipality was created so long as property owners within23 a qualified municipality continue to pay a property tax to the county's general fund. Such24 county shall not charge or assess, by agreement or otherwise, a ny cost to the qualified25 municipality for the county's provision of police and law enfor cement services separate26 from the property tax paid by such qualified municipality's pro perty owners into the27 county's general fund, nor shall the county raise the general f und millage rate for such28 qualified municipality's property owners in a manner which is inconsistent with the general29 fund millage rate paid by unincorporated property owners. Such county may create a30 special service district to be funded by property owners of both the qualified municipality31 and the county for police and law enforcement services so long as the rate set by the county32 for such special service district is paid by property owners of both the qualified33 municipality and the county. A qualified municipality may elect not to utilize the county34 in which such qualified municipality was created for the provis ion of police and law35 enforcement services. This Code section shall not prohibit the county in which a qualified36 municipality was created from adding other municipalities to any special service district37 created by the county for police and law enforcement services. Any agreement inconsistent38 with this Code section shall be void.39 (d) A qualified municipality located within a county that charges fees on a periodic basis40 for the provision of water or sewer services, or both, includin g but not limited to storm41 S. B. 615 - 2 - 26 LC 62 0456 water services, may elect to continue receiving such services for the same fee s charged42 residents in the unincorporated area of the county. Such elect ion may be set forth in the43 local Act creating such qualified municipality or be made by resolution of the governing44 authority of the qualified municipality provided the governing authority of the qualified45 municipality delivers a copy of such resolution to the governin g authority of the county46 within 30 days after the date the resolution is adopted. A qualified municipality shall not47 take control of, maintain, be responsible for, or hold title to any infrastructure designed to48 temporarily retain 500 gallons or more of storm water or any da ms or detention ponds49 located within the boundaries of such municipality that, prior to the creation of such50 municipality, were controlled, maintained, or the responsibility of the county in which such51 qualified municipality was created unless such municipality provides notice to the county52 by resolution of its intent to do otherwise. Regardless of any transition period, the county53 shall continue to control, maintain, and be responsible for such infrastructure in the same54 manner and degree as the county did prior to the incorporation of the qualified municipality55 until the qualified municipality and the county agree otherwise . The provisions of any56 agreement requiring a qualified municipality to accept ownershi p of detention ponds or57 other water and sewer related infrastructure as a condition to continuing to receive water58 or sewer services, or both, including but not limited to storm water services, from the59 county, shall be void."60 "(m) Notwithstanding any other provision of law to the contrary , the provisions of this61 Code section shall be available and applicable to any qualified municipality at any time."62 SECTION 2.63 All laws and parts of laws in conflict with this Act are repealed.64 S. B. 615 - 3 -