25 LC 47 3477S
The House Committee on Governmental Affairs offers the following substitute to HB 521:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to1
annexation of territory, so as to provide for equal reporting requirements for annexations and2
deannexations; to revise procedures related to the deannexation of certain properties; to3
provide for related matters; to provide for an effective date; to repeal conflicting laws; and4
for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of8
territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed9
property, maps and surveys, technical assistance to municipalities, and preclearance, as10
follows:11
"36-36-3.12
(a) The clerk, city attorney, or other person designated by the governing authority of any13
municipality annexing or deannexing property shall file a report identifying any property14
annexed or deannexed with the Department of Community Affairs, the Legislative and15
Congressional Reapportionment Office of the General Assembly, and with the county16
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governing authority of the county in which the property being annexed or deannexed is17
located. Such reports shall be filed, at a minimum, not more than 30 days following the18
last day of the quarter in which the annexation or deannexation becomes effective but may19
be filed more frequently. Each report shall include the following:20
(1) The legal authority under which the annexation or deannexation was accomplished,21
which shall be the ordinance or resolution number for any annexation or deannexation22
effected pursuant to Article 2, 3, 4, or 6, or 8 of this chapter or the Act number if effected23
by local Act of the General Assembly;24
(2) The name of the county in which the property being annexed or deannexed is located;25
the total acreage annexed or deannexed; the enactment date and effective date of the26
annexation or deannexation ordinance, resolution, or local Act of the General Assembly;27
(3) A letter from the governing authority of any municipality annexing or deannexing28
property stating its intent to add the annexed area to, or remove the deannexed area from,29
maps provided by the United States Bureau of the Census during their next regularly30
scheduled boundary and annexation survey of the municipality and stating that the survey31
and map will be completed as instructed and returned to the United States Bureau of the32
Census;33
(4) A list identifying roadways, bridges, and rights of way on state routes that are34
annexed or deannexed and, if necessary, the total mileage annexed or deannexed; and35
(5) A digital shapefile of the annexed or deannexed area.36
(b) The submission of a report required under subsection (a) of this Code section shall be37
made in writing and in electronic format to the Department of Community Affairs, the38
Legislative and Congressional Reapportionment Office of the General Assembly, and to39
others as required by the submitting municipality.40
(c)(1) The Department of Community Affairs shall notify the clerk, city attorney, or41
other person designated by the governing authority of the annexing or deannexing42
municipality within 30 days after receipt of a report submitted under subsection (a) of this43
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Code section if it determines the submission to be incomplete. The Legislative and44
Congressional Reapportionment Office of the General Assembly shall notify the clerk,45
city attorney, or other person designated by the governing authority of the annexing or46
deannexing municipality within 60 days after receipt of a report submitted under47
subsection (a) of this Code section if it determines the submission to be incomplete. The48
annexing or deannexing municipality shall file a corrected report with the department,49
Legislative and Congressional Reapportionment Office of the General Assembly, and the50
county governing authority where the annexed or deannexed property is located within51
45 days from the date of the notice of any deficiency.52
(2) No annexed or deannexed area shall be added to or removed from the state map until53
such report has been properly submitted to the Department of Community Affairs and the54
Legislative and Congressional Reapportionment Office of the General Assembly. The55
Department of Community Affairs shall not provide a certification of annexation or56
deannexation to the United States Census Bureau unless the governing authority of the57
annexing or deannexing municipality has filed a completed report as required under58
subsection (a) of this Code section.59
(3) Compliance with the requirements of this Code section shall be construed to be60
merely ancillary to and not an integral part of the annexation or deannexation procedure61
such that an annexation or deannexation shall, if otherwise authorized by law, become62
effective even though required filings under this Code section are temporarily delayed.63
(d) The Department of Community Affairs may provide technical assistance to any64
municipality with respect to the requirements of subsection (a) of this Code section.65
(e) The Department of Community Affairs shall maintain the annexation and deannexation66
reports submitted to it pursuant to this Code section for two years. Annexation Such67
reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title68
50 while maintained in the possession of the Department of Community Affairs. Two69
years after receipt of an annexation or deannexation report from a municipality, the70
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Department of Community Affairs shall transfer possession of such report to the Division71
of Archives and History for permanent retention.72
(f) In the event that any municipality annexing or deannexing property cannot produce the73
digital shapefile required by paragraph (5) of subsection (a) of this Code section by74
utilizing its own geographic information system, the regional commission established75
pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality76
shall assist such municipality in producing and providing such digital shapefile.77
(g) The governing authority of any municipality annexing or deannexing property shall78
add all annexed areas to, and remove all deannexed areas from, maps provided by the79
United States Census Bureau during the next regularly scheduled boundary and annexation80
survey of the municipality, complete the survey and map as instructed, and return them to81
the United States Census Bureau within the time frame requested."82
SECTION 2.83
Said chapter is further amended in Code Section 36-36-131, relating to application for84
deannexation, scope, filing of notification of deannexation, and reannexation, by revising85
subsection (a) as follows:86
"(a) Authority is granted to the governing authority of any municipality to deannex an area87
or areas of the existing corporate limits thereof, in accordance with the procedures provided88
in this article and in Article 1 of this chapter, upon the written and signed applications of89
all of the owners of all of the land, except the owners of any public street, road, highway,90
or right of way, proposed to be deannexed, containing a complete description of the lands91
to be deannexed; provided, however, that no more than ten parcels of property may be92
deannexed in one action and only upon the adoption of a resolution by the governing93
authority of the county in which such property is located consenting to such deannexation.94
If the governing authority of the county consents to the deannexation and the deannexation95
conforms with the requirements of this article, the governing authority of the municipal96
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corporation shall approve such deannexation unless it finds that the deannexation would97
be detrimental to the health, safety, and welfare of the residents and property owners of the98
area to be deannexed or to the area remaining within the municipality. If the county is the99
owner of all parcels proposed for deannexation and the governing authority of the county100
consents, the governing authority of the municipal corporation shall approve such101
deannexation within 90 days of the date of the filing of a deannexation application unless102
it finds that the deannexation would be detrimental to the health, safety, and welfare of the103
residents and property owners of the area to be deannexed or to the area remaining within104
the municipality."105
SECTION 3.106
This Act shall become effective upon its approval by the Governor or upon its becoming law107
without such approval.108
SECTION 4.109
All laws and parts of laws in conflict with this Act are repealed.110
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