LC 47 3531S
The House Committee on Rules 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 provide that certain such annexations are contingent upon approval of the3
county in which the subject property is located; to revise procedures related to the4
deannexation of certain properties; to provide for related matters; to provide for an effective5
date; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of9
territory, is amended by revising Code Section 36-36-3, relating to report identifying annexed10
property, maps and surveys, technical assistance to municipalities, and preclearance, as11
follows:12
"36-36-3.13
(a) The clerk, city attorney, or other person designated by the governing authority of any14
municipality annexing or deannexing property shall file a report identifying any property15
annexed or deannexed with the Department of Community Affairs, the Legislative and16
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Congressional Reapportionment Office of the General Assembly, and with the county17
governing authority of the county in which the property being annexed or deannexed is18
located. Such reports shall be filed, at a minimum, not more than 30 days following the19
last day of the quarter in which the annexation or deannexation becomes effective but may20
be filed more frequently. Each report shall include the following:21
(1) The legal authority under which the annexation or deannexation was accomplished,22
which shall be the ordinance or resolution number for any annexation or deannexation23
effected pursuant to Article 2, 3, 4, or 6, or 8 of this chapter or the Act number if effected24
by local Act of the General Assembly;25
(2) The name of the county in which the property being annexed or deannexed is located;26
the total acreage annexed or deannexed; the enactment date and effective date of the27
annexation or deannexation ordinance, resolution, or local Act of the General Assembly;28
(3) A letter from the governing authority of any municipality annexing or deannexing29
property stating its intent to add the annexed area to, or remove the deannexed area from,30
maps provided by the United States Bureau of the Census during their next regularly31
scheduled boundary and annexation survey of the municipality and stating that the survey32
and map will be completed as instructed and returned to the United States Bureau of the33
Census;34
(4) A list identifying roadways, bridges, and rights of way on state routes that are35
annexed or deannexed and, if necessary, the total mileage annexed or deannexed; and36
(5) A digital shapefile of the annexed or deannexed area.37
(b) The submission of a report required under subsection (a) of this Code section shall be38
made in writing and in electronic format to the Department of Community Affairs, the39
Legislative and Congressional Reapportionment Office of the General Assembly, and to40
others as required by the submitting municipality.41
(c)(1) The Department of Community Affairs shall notify the clerk, city attorney, or42
other person designated by the governing authority of the annexing or deannexing43
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municipality within 30 days after receipt of a report submitted under subsection (a) of this44
Code section if it determines the submission to be incomplete. The Legislative and45
Congressional Reapportionment Office of the General Assembly shall notify the clerk,46
city attorney, or other person designated by the governing authority of the annexing or47
deannexing municipality within 60 days after receipt of a report submitted under48
subsection (a) of this Code section if it determines the submission to be incomplete. The49
annexing or deannexing municipality shall file a corrected report with the department,50
Legislative and Congressional Reapportionment Office of the General Assembly, and the51
county governing authority where the annexed or deannexed property is located within52
45 days from the date of the notice of any deficiency.53
(2) No annexed or deannexed area shall be added to or removed from the state map until54
such report has been properly submitted to the Department of Community Affairs and the55
Legislative and Congressional Reapportionment Office of the General Assembly. The56
Department of Community Affairs shall not provide a certification of annexation or57
deannexation to the United States Census Bureau unless the governing authority of the58
annexing or deannexing municipality has filed a completed report as required under59
subsection (a) of this Code section.60
(3) Compliance with the requirements of this Code section shall be construed to be61
merely ancillary to and not an integral part of the annexation or deannexation procedure62
such that an annexation or deannexation shall, if otherwise authorized by law, become63
effective even though required filings under this Code section are temporarily delayed.64
(d) The Department of Community Affairs may provide technical assistance to any65
municipality with respect to the requirements of subsection (a) of this Code section.66
(e) The Department of Community Affairs shall maintain the annexation and deannexation67
reports submitted to it pursuant to this Code section for two years. Annexation Such68
reports shall be subject to disclosure and inspection under Article 4 of Chapter 18 of Title69
50 while maintained in the possession of the Department of Community Affairs. Two70
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years after receipt of an annexation or deannexation report from a municipality, the71
Department of Community Affairs shall transfer possession of such report to the Division72
of Archives and History for permanent retention.73
(f) In the event that any municipality annexing or deannexing property cannot produce the74
digital shapefile required by paragraph (5) of subsection (a) of this Code section by75
utilizing its own geographic information system, the regional commission established76
pursuant to Article 2 of Chapter 8 of Title 50 for the county that includes such municipality77
shall assist such municipality in producing and providing such digital shapefile.78
(g) The governing authority of any municipality annexing or deannexing property shall79
add all annexed areas to, and remove all deannexed areas from, maps provided by the80
United States Census Bureau during the next regularly scheduled boundary and annexation81
survey of the municipality, complete the survey and map as instructed, and return them to82
the United States Census Bureau within the time frame requested."83
SECTION 2.84
Said chapter is further amended is amended by revising Code Section 36-36-21, relating to85
annexation upon application of all land owners, filing of identification of annexed property86
with Department of Community Affairs and county governing authority, and effect of87
annexation, as follows:88
"36-36-21.89
(a) Authority is granted to the governing bodies of the several municipal corporations of90
this state to annex to the existing corporate limits thereof unincorporated areas contiguous91
to the existing corporate limits at the time of such annexation, in accordance with the92
procedures provided in this article and in Article 1 of this chapter, upon the written and93
signed applications of all of the owners of all of the land, except the owners of any public94
street, road, highway, or right of way, proposed to be annexed, containing a complete95
description of the lands to be annexed. Lands to be annexed at any one time shall be96
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treated as one body, regardless of the number of owners, and all parts shall be considered97
as adjoining the limits of the municipal corporation when any one part of the entire body98
abuts such limits. When such application is acted upon by the municipal authorities and99
the land is, by ordinance, annexed to the municipal corporation, an identification of the100
property so annexed shall be filed with the Department of Community Affairs and with the101
governing authority of the county in which the property is located in accordance with Code102
Section 36-36-3. When so annexed, such lands shall constitute a part of the lands within103
the corporate limits of the municipal corporation as completely and fully as if the limits had104
been marked and defined by local Act of the General Assembly. Except as provided in105
subsection (c) of Code Section 36-36-20, nothing in this article shall be construed to106
authorize annexation of the length of any public right of way except to the extent that such107
right of way adjoins private property otherwise annexed by the municipal corporation.108
(b) Notwithstanding any other provisions of this chapter to the contrary, in any county in109
which an airport is owned or operated either by such county or a local authority and such110
airport is adjacent to 9,000 acres or more of property currently or formerly owned by a111
municipality that has no incorporated territory within such county, any proposed112
annexation pursuant to this article is contingent upon the adoption of a resolution by the113
governing authority of such county consenting to such annexation."114
SECTION 3.115
Said chapter is further amended in Code Section 36-36-131, relating to application for116
deannexation, scope, filing of notification of deannexation, and reannexation, by revising117
subsection (a) as follows:118
"(a) Authority is granted to the governing authority of any municipality to deannex an area119
or areas of the existing corporate limits thereof, in accordance with the procedures provided120
in this article and in Article 1 of this chapter, upon the written and signed applications of121
all of the owners of all of the land, except the owners of any public street, road, highway,122
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or right of way, proposed to be deannexed, containing a complete description of the lands123
to be deannexed; provided, however, that no more than ten parcels of property may be124
deannexed in one action and only upon the adoption of a resolution by the governing125
authority of the county in which such property is located consenting to such deannexation.126
If the governing authority of the county consents to the deannexation and the deannexation127
conforms with the requirements of this article, the governing authority of the municipal128
corporation shall approve such deannexation unless it finds that the deannexation would129
be detrimental to the health, safety, and welfare of the residents and property owners of the130
area to be deannexed or to the area remaining within the municipality. If the county is the131
owner of all parcels proposed for deannexation and the governing authority of the county132
consents, the governing authority of the municipal corporation shall approve such133
deannexation within 90 days of the date of the filing of a deannexation application unless134
it finds that the deannexation would be detrimental to the health, safety, and welfare of the135
residents and property owners of the area to be deannexed or to the area remaining within136
the municipality."137
SECTION 4.138
This Act shall become effective upon its approval by the Governor or upon its becoming law139
without such approval.140
SECTION 5.141
All laws and parts of laws in conflict with this Act are repealed.142
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