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Bill > SB138

GA SB138

GA SB138
Incorporation of Municipal Corporations; transition of certain services related to newly incorporated municipalities in certain counties; provide

summary

Introduced
02/10/2025
In Committee
02/26/2025
Crossed Over
02/20/2025
Passed
04/07/2025
Dead
Signed/Enacted/Adopted
05/14/2025

Introduced Session

2025-2026 Regular Session

Bill Summary

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 the transition of certain services related to newly incorporated municipalities in certain counties; to provide definitions; to provide for the provision and cost allocation of police and law enforcement services for such municipalities; to provide for the ownership, control, and maintenance of road rights of ways and certain storm-water drainage infrastructure in such municipalities; to provide for the transfer of certain fees and taxes collected by such county to such municipalities; to exempt such counties from having to renegotiate service delivery strategy agreements and address the provision of services to such municipalities in lieu of such renegotiations; to provide that such municipalities shall not be obligated to pay certain election costs; to provide that a county shall cover the legal expenses of such a newly incorporated municipality in the event of legal challenges relating to or arising from the transition of such services; to provide for a limited waiver of sovereign immunity; to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes related to insurance, so as to revise provisions related to population data related to newly incorporated municipalities and municipal taxes on life insurance and other insurance companies; to revise provisions related to when newly incorporated municipalities may be allocated taxes on life insurance and other SB 138/AP insurance companies; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill provides a comprehensive framework for the transition of services when new municipalities are incorporated in counties with more than 15 existing municipalities. The legislation establishes detailed provisions for how newly incorporated "qualified municipalities" will handle police and law enforcement services, road rights of way, storm water infrastructure, and various financial transfers from the county. Specifically, the bill allows new municipalities to remain in existing county police districts while having the option to eventually provide their own law enforcement, requires counties to transfer excess police tax revenues to the new municipality, and gives the new municipality control over road rights of way while potentially allowing the county to continue maintenance. The bill also mandates that counties transfer pro-rated fees and taxes related to services the new municipality will now provide, such as business licenses and permits. Additionally, the legislation addresses insurance tax allocation for newly incorporated municipalities, allowing them to be considered for tax allocations within 18 months of their referendum, and provides protections by requiring counties to cover legal expenses if disputes arise during the transition. The bill aims to create a smoother, more structured process for establishing new municipal governments while ensuring fair treatment of both the new municipality and the existing county government.

Committee Categories

Government Affairs

Sponsors (6)

Last Action

Effective Date 2025-05-14 (on 05/14/2025)

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