Georgia SB 138: Disabled First Responders; certain benefits; provide

Bill Text

25 SB 138/AP
Senate Bill 138
By: Senators Dixon of the 45th, Still of the 48th, Cowsert of the 46th, Setzler of the 37th and
Anavitarte of the 31st
AS PASSED
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 the transition of certain services2
related to newly incorporated municipalities in certain counties; to provide definitions; to3
provide for the provision and cost allocation of police and law enforcement services for such4
municipalities; to provide for the ownership, control, and maintenance of road rights of ways5
and certain storm-water drainage infrastructure in such municipalities; to provide for the6
transfer of certain fees and taxes collected by such county to such municipalities; to exempt7
such counties from having to renegotiate service delivery strategy agreements and address8
the provision of services to such municipalities in lieu of such renegotiations; to provide that9
such municipalities shall not be obligated to pay certain election costs; to provide that a10
county shall cover the legal expenses of such a newly incorporated municipality in the event11
of legal challenges relating to or arising from the transition of such services; to provide for12
a limited waiver of sovereign immunity; to amend Chapter 8 of Title 33 of the Official Code13
of Georgia Annotated, relating to fees and taxes related to insurance, so as to revise14
provisions related to population data related to newly incorporated municipalities and15
municipal taxes on life insurance and other insurance companies; to revise provisions related16
to when newly incorporated municipalities may be allocated taxes on life insurance and other17
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insurance companies; to provide for related matters; to provide an effective date; to repeal18
conflicting laws; and for other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
SECTION 1.21
Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation22
of municipal corporations, is amended by adding a new Code section to read as follows:23
"36-31-11.2.24
(a) As used in this Code section, the term:25
(1) 'County' means a county with more than 15 municipalities wholly or partially located26
within its boundaries.27
(2) 'Qualified municipality' means any new municipality created by local Act which28
becomes law on or after January 1, 2024.29
(3) 'Transition period' means the period for the transition of governmental services from30
a county to a qualified municipality as provided for by this chapter or the local Act31
incorporating such qualified municipality.32
(b) Notwithstanding any provision of law to the contrary:33
(1)(A) When a qualified municipality is created within a county which has a special34
district consisting of both the unincorporated area and certain incorporated areas of the35
county for the provision of police or law enforcement services, the territory within the36
new qualified municipality shall remain in such special district until the qualified37
municipality notifies the county of its intention to leave such special district and assume38
full responsibility for the provision of police and law enforcement services. In no event39
shall a qualified municipality be required to provide more than one year's notice prior40
to exercising the option provided for in this paragraph to leave such special district if41
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the county police department is staffed at less than 95 percent of its authorized number42
of certified peace officers.43
(B)(i) During the period that a qualified municipality remains within a police or law44
enforcement special district as provided for in subparagraph (A) of this paragraph, the45
county shall continue to provide police and law enforcement services within the46
boundaries of the qualified municipality in the same manner as other parts of the47
special district.48
(ii) In the event that, at the end of a fiscal year for the special district, the actual49
special district ad valorem taxes collected within the boundaries of the qualified50
municipality are greater than the actual costs incurred by the county in providing51
police or law enforcement services within the boundaries of the qualified52
municipality, within 60 days of the final day of such fiscal year, the county shall53
deliver such excess funds to the qualified municipality.54
(iii) For the purpose of complying with division (ii) of this subparagraph, the actual55
costs of providing police or law enforcement services within the qualified56
municipality shall be calculated based upon the actual time county police or law57
enforcement officers spend providing police or law enforcement services within the58
boundaries of the qualified municipality. The costs of such police and law59
enforcement services shall include the costs of county police or law enforcem