HB609: HB609 Local government; prohibitions on employees holding interest in redevelopment activities; revise provisions

25 LC 47 3284 House Bill 609 By: Representatives Reese of the 140th, Hugley of the 141st, Rice of the 139th, Buckner of the 137th, and Smith of the 138th A BILL TO BE ENTITLED AN ACT To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to1 redevelopment powers, so as to revise provisions related to pro hibitions on employees2 holding interest in redevelopment activities and areas so as to limit such prohibition to3 employees whose job responsibilities are related to such activi ties or areas; to provide for4 related matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment8 powers, is amended by revising Code Section 36-44-21, relating to public employees and9 officials prohibited from holding interest disclosures, voidability of prohibited transactions,10 and misconduct in office, as follows:11 "36-44-21.12 (a) No elected or appointed official or employee of a political subdivision or a board,13 commission, or redevelopment agency thereof, or an employee thereof whose primary job14 responsibilities relate to the creation or administration of a redevelopment area or15 redevelopment activities, shall voluntarily acquire any interest, direct or indirect, in any16 H. B. 609 - 1 - 25 LC 47 3284 property included or planned to be included in a redevelopment area, or in any contract or17 transaction or proposed contract or transaction in connection w ith the redevelopment of18 that redevelopment area. Where such acquisition is not volunta ry, the interest acquired19 shall be immediately disclosed in writing to the local legislative body and such disclosure20 shall be entered upon the minutes of the local legislative body . Any such elected or21 appointed official or employee who, within two years immediately prior to the date the plan22 is submitted to a local legislative body under subsection (b) o f Code Section 36-44-7,23 acquires ownership or control of any interest, direct or indirect, in any property which is24 included in the redevelopment area designated in that plan and who retains that ownership25 or control at the time that such plan is so submitted shall, at least 30 days prior to the date26 scheduled for the local legislative body to adopt the plan, dis close the interest in writing27 to the local legislative body and such disclosure shall be entered upon the minutes of the28 local legislative body, and that person shall not participate i n any action by the political29 subdivision, board, commission, or redevelopment agency thereof which affects that30 property. Any disclosure required to be made by this subsectio n shall concurrently be31 made to the redevelopment agency.32 (b) Any contract or transaction in violation of subsection (a) of this Code section or33 disclosure of which is not made as provided in that subsection (a) shall be voidable by the34 local legislative body. This subsection shall not apply to any indenture, agreement,35 contract, or transaction which constitutes security, direct or indirect, for payment of bonds36 or other obligations incurred pursuant to a redevelopment plan, and the judgment and order37 confirming and validating any such bonds or other obligations shall constitute a final and38 conclusive adjudication as to any such security.39 (c) Failure by an official or employee to comply with subsection (a) of this Code section40 shall constitute misconduct in office."41 H. B. 609 - 2 - 25 LC 47 3284 SECTION 2.42 All laws and parts of laws in conflict with this Act are repealed.43 H. B. 609 - 3 -