HB610: HB610 Local government; authorize acquisition of property interests by municipal elected and appointed officials and employees in redevelopment areas with certain conditions

25 LC 44 2997 House Bill 610 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 authorize acquisition of propert y interests by municipal2 elected and appointed officials and employees in redevelopment areas with certain3 conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment7 powers, is amended by revising Code Section 36-44-21, relating to public employees and8 officials prohibited from holding interest disclosures, voidability of prohibited transactions,9 and misconduct in office, as follows:10 "36-44-21.11 (a) No elected or appointed official or employee of a politica l subdivision or a board,12 commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct13 or indirect, in any property included or planned to be included in a redevelopment area, or14 in any contract or transaction or proposed contract or transact ion in connection with the15 redevelopment of that redevelopment area. Where such acquisition is not voluntary, the16 H. B. 610 - 1 - 25 LC 44 2997 interest acquired shall be immediately disclosed without immediately disclosing such17 interest in writing to the local legislative body and such disclosure shall be entered upon18 the minutes of the local legislative body. Any such elected or appointed official or19 employee who, within two years immediately prior to the date the plan is submitted to a20 local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership21 or control of any interest, direct or indirect, in any property which is included in the22 redevelopment area designated in that plan and who retains that ownership or control at the23 time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the24 local legislative body to adopt the plan, disclose the interest in writing to the local25 legislative body and such disclosure shall be entered upon the minutes of the local26 legislative body, and that person shall not participate in any action by the political27 subdivision, board, commission, or redevelopment agency thereof which affects that28 property. Any disclosure required to be made by this subsection shall concurrently be29 made to the redevelopment agency.30 (b) Any contract or transaction in violation of subsection (a) of this Code section or the31 disclosure of which is not made as provided in that subsection (a) of this Code section shall32 be voidable by the local legislative body. This subsection shall not apply to any indenture,33 agreement, contract, or transaction which constitutes security, direct or indirect, for34 payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the35 judgment and order confirming and validating any such bonds or other obligations shall36 constitute a final and conclusive adjudication as to any such security.37 (c) Failure by an official or employee to comply with subsection (a) of this Code section38 shall constitute misconduct in office."39 SECTION 2.40 All laws and parts of laws in conflict with this Act are repealed.41 H. B. 610 - 2 -