Gwinnett County officials have expressed strong opposition to Senate Bill 138, a new law affecting the transition of services between Gwinnett County and the city of Mulberry. The legislation, which became law today, is said to impose administrative and financial burdens on taxpayers in Gwinnett County, including those residing in Mulberry.
The bill was introduced by a state senator representing the area encompassing Gwinnett County and Mulberry. It follows Gwinnett County’s legal challenge to Senate Bill 333, which initially established the city of Mulberry. Although SB 138 is presented as general legislation, it specifically targets Gwinnett County and Mulberry.
Gwinnett County Chairwoman Nicole Love Hendrickson stated her commitment to ensuring that all residents are not unfairly burdened with costly mandates. “I am committed to building a stronger, more prosperous future for all residents of Gwinnett County,” she said. She further noted that the law could remove sovereign immunity from county taxpayers, setting a concerning precedent statewide.
The county has outlined four main concerns regarding SB 138: loss of sovereign immunity, unfunded stormwater mandates, unequal police funding obligations, and elimination of election cost reimbursement.
One significant issue is the potential loss of sovereign immunity for one year if a court finds the county non-compliant with the law’s provisions. This could expose Gwinnett County to unlimited legal liability and higher costs for providing services.
Additionally, despite Mulberry’s charter requiring it to manage its own stormwater systems, SB 138 mandates that Gwinnett County maintain certain infrastructure at no cost to city residents. This results in an expensive subsidy funded by those outside Mulberry.
The bill also requires Gwinnett County to refund police service costs under specific conditions not reflective of actual expenses. This situation forces other county residents to subsidize law enforcement in Mulberry.
Furthermore, SB 138 eliminates the requirement for Mulberry to reimburse election costs related to its cityhood referendum and initial council election. This shifts financial responsibility onto all county taxpayers.
The timeline leading up to this legislative change includes several key events such as the narrow passing of a cityhood referendum in May 2024 and subsequent steps toward establishing governance structures in Mulberry.
Despite these developments, Gwinnett County remains committed to pursuing legal action against what it views as unconstitutional elements within SB 138 while advocating for equitable governance for all its taxpayers.
