Georgia Commons

House · Introduced · 2025-2026 Regular Session

HB 1362: Public officers; persons having certain financial interest shall be ineligible to hold certain public offices; provide

Last action February 24, 2026 · House Committee Favorably Reported By Substitute

A House committee substitute to HB 1362 would make Georgia's top elected officials, such as the Governor and Attorney General, ineligible for office if they hold a financial interest in state contracts or do business with government agencies, and it would tighten related conflict-of-interest rules for other public officials.

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In plain language

Georgia currently limits certain public officials from doing business with state agencies, but the rules only apply to full-time officials with statewide powers and use a 25 percent ownership threshold to decide whether someone has a disqualifying stake in a business. This bill rewrites those rules. It adds a new Code section making the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, and the Commissioners of Agriculture, Labor, and Insurance ineligible to hold office if they, or a family member, have a financial interest in a contract with a state or federal agency, or transact business with one. It also creates a new, broader definition of 'financial interest' covering any ownership stake above 3 percent, replacing the old 25 percent 'substantial interest' test for these purposes. It removes the old distinction between full-time officials with statewide powers and those with limited powers, and it removes several existing exceptions, such as sealed competitive bids and small transactions, from the prohibition in Code Section 45-10-22. The bill also adds a separate annual disclosure requirement for officials with a lesser interest than the new financial interest threshold.

What the bill does

  • Creates new O.C.G.A. § 45-2-1.1, making the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, and Commissioners of Agriculture, Labor, and Insurance ineligible to hold office if they or a family member have a financial interest in a state or federal contract.
  • Adds a new definition of 'financial interest' in O.C.G.A. § 45-10-20 covering any direct or indirect ownership or stock holding above 3 percent, replacing reliance on the old 25 percent 'substantial interest' test for these provisions.
  • Broadens the definition of 'agency' to include the executive, legislative, and judicial branches of Georgia state government, not just executive agencies.
  • Removes the 'full-time' and 'state-wide powers' limits in O.C.G.A. § 45-10-22, so the ban on transacting business with an agency applies more broadly to public officials.
  • Eliminates existing exceptions in O.C.G.A. § 45-10-25, such as small transactions and sealed competitive bids, for the conflict-of-interest ban in § 45-10-22.
  • Adds a new disclosure category in O.C.G.A. § 45-10-26 for public officials whose business interest falls below the new financial interest threshold.

Who it affects

The bill directly names the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, and Commissioners of Agriculture, Labor, and Insurance. It also affects other state public officials and employees who do business with state agencies, University System of Georgia employees with family businesses, and anyone required to file annual conflict-of-interest disclosures with the State Ethics Commission.

Why it matters

If enacted, some of Georgia's highest elected officials could be removed from office for holding even a modest ownership stake, above 3 percent, in a business that contracts with state or federal agencies. The change also removes some existing exceptions for small transactions, which could affect more officials and employees who occasionally do minor business with the state.

Key provisions

  • Section 1 creates O.C.G.A. § 45-2-1.1, listing eight specific statewide offices that become vacant if the office holder has a disqualifying financial interest or transacts business with a state or federal agency.
  • Section 2 revises O.C.G.A. § 45-10-20 to add a 'financial interest' definition (ownership or stock interest over 3 percent) and broadens 'agency' to cover all three branches of state government.
  • Section 3 revises O.C.G.A. § 45-10-22 to drop the 'full-time' and 'state-wide powers' qualifiers and replace the 25 percent 'substantial interest' standard with the new financial interest test.
  • Section 6 removes O.C.G.A. § 45-10-22 from the list of code sections eligible for exceptions in § 45-10-25, meaning small transactions and sealed-bid exceptions no longer apply to that section.
  • Section 7 revises O.C.G.A. § 45-10-26 to add a new subsection (a.1) requiring separate annual disclosure for public officials whose interest is below the financial interest threshold.
  • Section 8 repeals any conflicting laws.

From the bill

'Financial interest' means any direct or indirect ownership, interest in a partnership, or holding of stock in a corporation, except where such holding constitutes less than 3 percent of the total proprietary interest of such corporation.

This is the bill's new definition setting the 3 percent threshold for a disqualifying financial interest.

This Code section shall apply to the public offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, and the Commissioners of Agriculture, Labor, and Insurance.

Names the specific statewide offices covered by the new ineligibility rule.

Status timeline

  1. 2026-02-24House Committee Favorably Reported By Substitute (House)
  2. 2026-02-20House Second Readers (House)
  3. 2026-02-19House First Readers (House)
  4. 2026-02-18House Hopper (House)

Sponsors

  • Jason Ridley (R, HD-006)Primary sponsor
  • Trey Rhodes (R, HD-124)
  • James Burchett (R, HD-176)
  • Tyler Smith (R, HD-018)
  • John Corbett (R, HD-174)
  • Jutt Howard (R, HD-071)

Topics

  • conflict of interest
  • public officials ethics
  • state contracts
  • government transparency
  • election eligibility

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HB1362: Public officers; persons having certain financial interest shall be ineligible to hold certain public offices; provide | Georgia Commons