Georgia-2011-SB518-Introduced

To amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of commissioner districts; to provide for definitions and inclusions; to provide for election and terms of office of subsequent members; to revise provisions relating to amending the Act; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, is amended by revising subsections (b), (c), and (d) of Section 2 as follows:

"(b) For purposes of electing members of the board of commissioners, DeKalb County is divided into seven commissioner districts. One member of the board shall be elected from each such district.

(c)(1) Commissioner Districts 1, 2, 3, 4, and 5 shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: dekalbcc-import1-02092012 Plan Type: local Administrator: dekalb cc User: bak'.

(2) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.

(3) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of DeKalb County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

(4) Any part of DeKalb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

(5) Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia.

(6) Paragraphs (2) through (5) of this subsection shall only be applicable with respect to Commissioner Districts 1, 2, 3, 4, and 5.

(d)(1) Commissioner Districts 6 and 7 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as 'Plan Name: deksuperdist4 Plan Type: LOCAL User: Gina Administrator: CNTY-DEKALB'.

(2) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a BG heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of DeKalb County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of DeKalb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2000 for the State of Georgia. This paragraph shall only be applicable with respect to Commissioner Districts 6 and 7."

Said Act is further amended by revising Section 3 as follows:

(a) Commissioner Districts 1, 2, 3, 4, and 5, as they exist on January 1, 2012, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. Commissioner Districts 6 and 7 as they exist on January 1, 2012, shall continue to be designated as Commissioner Districts 6 and 7 as described under this Act and in effect on January 1, 2012.

(b) Those members of the Board of Commissioners of DeKalb County who are serving as such on January 1, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and until the election and qualification of their respective successors. The successor to each such member shall be elected as provided in this section.

(c) The first members for new Commissioner Districts 1, 4, and 5 and the member from Commissioner District 6 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from new Commissioner Districts 1, 4, and 5 and from Commissioner District 6 in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors.

(d) The first members for new Commissioner Districts 2 and 3 and the member from Commissioner District 7 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from new Commissioner Districts 2 and 3 and from Commissioner District 7 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors.

(e) Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified."

Said Act is further amended by revising Section 23 as follows:

Pursuant to the authority of an amendment to the Constitution ratified at the 1978 general election as set forth in Georgia Laws 1978, pages 2370-2372, which amendment authorized the General Assembly to provide by law for the form of government of DeKalb County and to provide for the various officers, bodies, branches, or agencies by or through which the county's governmental powers shall be exercised, any law adopted pursuant to such authority shall be conditioned on the approval of a majority of the qualified electors of DeKalb County voting at elections held for such purpose when any such law affects the DeKalb County government in any one or more of the following ways:

(1) Changing the number of members, terms of office, or the manner of electing the members of the governing body of DeKalb County;

(2) Changing the term of office or the method of electing the chief executive officer of DeKalb County;

(3) Establishing the powers and duties of the executive or legislative branch of the DeKalb County government; or

(4) Changing the powers and duties of the executive or legislative branch of the DeKalb County government when such powers and duties have been established by Acts of the General Assembly, pursuant to the authority of the amendment to the Constitution ratified at the 1978 general election as set forth in Georgia Laws 1978, pages 2370-2372."

It is the purpose of this Act to reapportion Commissioner Districts 1, 2, 3, 4, and 5 from which members of the Board of Commissioners of DeKalb County are to be elected in the November, 2012, general election, as applicable, and in subsequent general elections, and this Act results from changes in population based on the United States decennial census of 2010. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected, and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law, except to the extent of reapportioning the districts represented by such members.

The Board of Commissioners of DeKalb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.

This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of DeKalb County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013.

All laws and parts of laws in conflict with this Act are repealed.
Plan: dekalbcc-import1-02092012
Plan Type: local
Administrator: dekalb cc
User: bak

District 001
DeKalb County
VTD: 089AD - AUSTIN
VTD: 089AG - ASHFORD DUNWOOD
VTD: 089AH - ASHFORD PARKSIDE
VTD: 089BD - BRIARLAKE ELEMENTARY
VTD: 089BF - BROCKETT ELEMENTARY
VTD: 089BH - BROCKETT
021805:
1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012
021806:
1005
021809:
2038 2039 2040
VTD: 089CE - CHAMBLEE (CHA)
VTD: 089CH - CHESNUT ELEMENTARY
VTD: 089DA - DORAVILLE NORTH
VTD: 089DB - DORAVILLE SOUTH
VTD: 089DF - DUNWOODY
VTD: 089DG - DUNWOODY HIGH SCHOOL
VTD: 089DI - DUNWOODY LIBRARY
VTD: 089EC - EMBRY HILLS
VTD: 089EF - EVANSDALE ELEM
VTD: 089GD - GEORGETOWN SQ
VTD: 089HC - HENDERSON MILL
VTD: 089HF - HUNTLEY HILLS ELEM
VTD: 089HG - HUGH HOWELL
VTD: 089KB - KINGSLEY ELEM
VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL
VTD: 089MH - MIDVALE ELEM
VTD: 089MQ - MOUNT VERNON EAST
VTD: 089MS - MOUNT VERNON WEST
VTD: 089MU - MONTGOMERY ELEM
VTD: 089MW - MIDVALE ROAD
VTD: 089NA - NANCY CREEK ELEM
VTD: 089NF - NORTH PEACHTREE
VTD: 089OB - OAKCLIFF ELEM
VTD: 089PB - PEACHTREE MIDDLE SCHOOL
VTD: 089PF - PLEASANTDALE ELEM
VTD: 089PK - PLEASANTDALE ROAD
VTD: 089SH - SMOKE RISE
VTD: 089TF - TUCKER
VTD: 089TG - TILLY MILL ROAD
VTD: 089TH - TUCKER LIBRARY
VTD: 089WI - WARREN TECH
VTD: 089WL - WINTERS CHAPEL

District 002
DeKalb County
VTD: 089AB - ASHFORD PARK ELEMENTARY
VTD: 089BC - BRIAR VISTA ELEMENTARY
VTD: 089BE - BRIARWOOD
VTD: 089BG - BRIARCLIFF
VTD: 089BI - BROOKHAVEN
VTD: 089CI - CLAIREMONT WEST
VTD: 089CJ - CLAIRMONT HILLS
VTD: 089CO - CROSS KEYS HIGH
VTD: 089CV - CLAIREMONT EAST
VTD: 089CW - CORALWOOD
VTD: 089DC - DRESDEN ELEM
VTD: 089DH - DRUID HILLS HIGH SCHOOL
VTD: 089EE - EPWORTH (ATL)
VTD: 089EG - EMORY SOUTH
VTD: 089ER - EMORY ROAD
VTD: 089FB - FERNBANK ELEM
VTD: 089GA - GLENNWOOD (DEC)
VTD: 089HB - HAWTHORNE ELEM
VTD: 089HD - HERITAGE ED
VTD: 089JA - JOHNSON ESTATES
VTD: 089LA - LAKESIDE HIGH
VTD: 089LB - LAVISTA ROAD
VTD: 089LC - LAVISTA
VTD: 089LE - MARY LIN ELEM
VTD: 089MG - MEDLOCK ELEM
VTD: 089MJ - MONTCLAIR ELEM
VTD: 089MP - MARGARET HARRIS
VTD: 089ND - NORTHLAKE
VTD: 089OA - OAK GROVE ELEM
VTD: 089OK - OAKHURST (DEC)
VTD: 089PG - PONCE DE LEON
VTD: 089RD - REHOBOTH
VTD: 089RN - RENFROE MIDDLE
VTD: 089SA - SAGAMORE HILLS
VTD: 089SB - SCOTT
VTD: 089SE - SILVER LAKE
VTD: 089SF - SKYLAND
VTD: 089WF - WINNONA PARK ELEM
VTD: 089WJ - WOODWARD ELEM

District 003
DeKalb County
VTD: 089AF - HOOPER ALEXANDER
VTD: 089BB - BOULEVARD (ATL)
VTD: 089BL - BOULDERCREST RD
VTD: 089BR - BURGESS ELEMENTARY
VTD: 089CA - COLUMBIA DRIVE
VTD: 089CB - CANBY LANE ELEMENTARY
VTD: 089CC - COLUMBIA ELEMENTARY
VTD: 089CD - CEDAR GROVE ELEMENTARY
VTD: 089CG - CHAPEL HILL ELEMENTARY
023425:
1000 1001 1002 1003 1004 1005 1006 1010 1013 1017 1018 1019
1020 1021 1022 1023 1026 1031
VTD: 089CL - CLIFTON ELEMENTARY
VTD: 089CM - COLUMBIA MIDDLE
VTD: 089CN - COAN MIDDLE
VTD: 089CQ - CANDLER
VTD: 089CR - CEDAR GROVE MIDDLE
VTD: 089CS - CEDAR GROVE SOUTH
VTD: 089EA - EAST LAKE ELEM
VTD: 089EB - EASTLAND
VTD: 089FC - FLAT SHOALS ELEM
VTD: 089FE - FLAT SHOALS PARKWAY
VTD: 089FJ - FLAT SHOALS
VTD: 089FK - FLAKES MILL FIRE
VTD: 089FL - FLAT SHOALS LIBRARY
VTD: 089GC - GRESHAM PARK ELEM
VTD: 089HH - NARVIE J HARRIS
VTD: 089KA - KELLEY LAKE ELEM
VTD: 089KC - KELLEY CHAPEL
VTD: 089KE - KNOLLWOOD ELEM
VTD: 089ML - MEADOWVIEW ELEM
VTD: 089MO - MIDWAY ELEM
VTD: 089MP - MCNAIR MIDDLE
VTD: 089MR - BOB MATHIS ELEM
VTD: 089MT - METROPOLITAN
VTD: 089OV - OAK VIEW ELEM
VTD: 089PA - PEACHCREST ELEM
VTD: 089PN - PINEY GROVE
VTD: 089RA - RAINBOW ELEM
VTD: 089SG - SNAPFINGER ELEM
VTD: 089SR - SNAPFINGER ROAD
VTD: 089TA - TERRY MILL ELEM
VTD: 089TB - TILSON ELEM
VTD: 089TC - TONEY ELEM
VTD: 089WA - WADSWORTH ELEM
VTD: 089WB - WESLEY CHAPEL SOUTH
VTD: 089WE - WHITEFOORD ELEMENTARY

District 004
DeKalb County
VTD: 089AA - ALLGOOD ELEMENTARY
VTD: 089AE - AVONDALE (AVO)
VTD: 089AM - AVONDALE MIDDLE
VTD: 089BH - BROCKETT
021805:
1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2001
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
2014 2015 2016 2017 2018 2019 2020 2021 2022 3019
021810:
3023 3030 3031 3034 3035
022009:
3007 3008
VTD: 089CK - CLARKSTON (CLA)
VTD: 089CT - COVINGTON HWY L
VTD: 089DE - DUNAIRE ELEM
VTD: 089FD - FORREST HILLS ELEM
VTD: 089FM - FREEDOM MIDDLE
VTD: 089HA - HAMBRICK ELEM
VTD: 089IA - IDLEWOOD ELEM
VTD: 089IB - INDIAN CREEK ELEM
VTD: 089JB - JOLLY ELEM
VTD: 089MA - ELDRIDGE L MILL
VTD: 089ME - MCLENDON ELEM
VTD: 089MK - MONTREAL
VTD: 089MM - MEMORIAL NORTH
VTD: 089MN - MEMORIAL SOUTH
VTD: 089NB - NORTH DECATUR
VTD: 089NC - NORTH HAIRSTON
VTD: 089PE - PINE LAKE (PIN)
VTD: 089RE - ROCKBRIDGE ELEM
VTD: 089RI - ROCKBRIDGE ROAD
VTD: 089RJ - ROWLAND ROAD
VTD: 089SC - SCOTTDALE
VTD: 089SD - STN MTN ELEMENTARY
VTD: 089SI - STN MTN MIDDLE
VTD: 089SJ - STONE MILL ELEM
VTD: 089SK - SHADOW ROCK ELEM
VTD: 089SN - SHAMROCK MIDDLE
VTD: 089SO - SOUTH DESHON
VTD: 089SP - STN MTN CHAMPION
VTD: 089SQ - STONE MTN LIBRARY
VTD: 089ST - STEPHENSON MIDDLE
VTD: 089SU - SOUTH HAIRSTON
VTD: 089SV - STEPHENSON HIGH
VTD: 089VB - VALLEY BROOK
VTD: 089WN - WYNBROOKE ELEM

District 005
VTD: 089AC - ATHERTON ELEMENTARY
VTD: 089BJ - BROWN'S MILL ELEMENTARY
VTD: 089BM - BETHUNE MIDDLE
VTD: 089CF - MURPHEY CANDLER
VTD: 089CG - CHAPEL HILL ELEMENTARY
023426:
1000 1004 1026 1027 2000 2001 2002 2003 2004 2005 2006 2007
2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 2019 2020
2021 2022 2023 2024 2025 2026 2027 2028 2029
VTD: 089CP - CROSSROADS
VTD: 089FA - FAIRINGTON ELEM
VTD: 089FG - FLAT ROCK ELEM
VTD: 089GB - GLENHAVEN
VTD: 089GE - GLENHAVEN ELEM
VTD: 089KD - ML KING JR HIGH
VTD: 089LD - LITHONIA (LIT)
VTD: 089LH - LITHONIA HIGH SCHOOL
VTD: 089MC - MARBUT ELEM
VTD: 089MF - MCWILLIAMS
VTD: 089MI - MILLER GROVE MIDDLE SCHOOL
VTD: 089MV - MILLER GROVE ROAD
VTD: 089MZ - MILLER GROVE HIGH
VTD: 089PC - PRINCETON ELEM
VTD: 089PH - PANOLA
VTD: 089PI - PANOLA WAY ELEM
VTD: 089PR - PANOLA ROAD
VTD: 089RC - REDAN ELEM
VTD: 089RF - ROCK CHAPEL ELEM
VTD: 089RG - ROWLAND ELEM
VTD: 089RH - REDAN-TROTTI
VTD: 089RK - REDAN ROAD
VTD: 089RL - ROCK CHAPEL ROAD
VTD: 089RM - REDAN MIDDLE
VTD: 089SL - STONEVIEW ELEM
VTD: 089SM - SALEM MIDDLE
VTD: 089SS - SNAPFINGER ROAD
VTD: 089WD - WOODROW ROAD
VTD: 089WG - WOODRIDGE ELEM
VTD: 089WK - WHITE OAK
VTD: 089YA - YOUNG ROAD