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 to
redevelopment powers, so as to revise provisions related to prohibitions on employees
holding interest in redevelopment activities and areas so as to limit such prohibition to
employees whose job responsibilities are related to such activities or areas; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment
powers, is amended by revising Code Section 36-44-21, relating to public employees and
officials prohibited from holding interest disclosures, voidability of prohibited transactions,
and misconduct in office, as follows:
"36-44-21.
(a) No elected or appointed official <del>or employee</del> of a political subdivision or a board,
commission, or redevelopment agency thereof, <ins>or an employee thereof whose primary job
responsibilities relate to the creation or administration of a redevelopment area or
redevelopment activities,</ins> shall voluntarily acquire any interest, direct or indirect, in any
property included or planned to be included in a redevelopment area, or in any contract or
transaction or proposed contract or transaction in connection with the redevelopment of
that redevelopment area. Where such acquisition is not voluntary, the interest acquired
shall be immediately disclosed in writing to the local legislative body and such disclosure
shall be entered upon the minutes of the local legislative body. Any such elected or
appointed official or employee who, within two years immediately prior to the date the plan
is submitted to a local legislative body under subsection (b) of Code Section 36-44-7,
acquires ownership or control of any interest, direct or indirect, in any property which is
included in the redevelopment area designated in that plan and who retains that ownership
or control at the time that such plan is so submitted shall, at least 30 days prior to the date
scheduled for the local legislative body to adopt the plan, disclose the interest in writing
to the local legislative body and such disclosure shall be entered upon the minutes of the
local legislative body, and that person shall not participate in any action by the political
subdivision, board, commission, or redevelopment agency thereof which affects that
property. Any disclosure required to be made by this subsection shall concurrently be
made to the redevelopment agency.
(b) Any contract or transaction in violation of subsection (a) of this Code section or
disclosure of which is not made as provided in that subsection (a) shall be voidable by the
local legislative body. This subsection shall not apply to any indenture, agreement,
contract, or transaction which constitutes security, direct or indirect, for payment of bonds
or other obligations incurred pursuant to a redevelopment plan, and the judgment and order
confirming and validating any such bonds or other obligations shall constitute a final and
conclusive adjudication as to any such security.
(c) Failure by an official or employee to comply with subsection (a) of this Code section
shall constitute misconduct in office."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.