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 to
redevelopment powers, so as to authorize acquisition of property interests by municipal
elected and appointed officials and employees in redevelopment areas with certain
conditions; 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 or employee of a political subdivision or a board,
commission, or redevelopment agency thereof shall <del>voluntarily</del> 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. <del>Where such acquisition is not voluntary, the
</del>
<del>interest acquired shall be immediately disclosed</del> <ins>without immediately disclosing such
interest</ins> 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, <del>and that person shall not participate in any action by the political
subdivision, board, commission, or redevelopment agency thereof which affects that
property.</del> Any disclosure required to be made by this subsection shall concurrently be
made to the redevelopment agency.
(b) Any contract or transaction <del>in violation of subsection (a) of this Code section or</del> <ins>the
</ins> disclosure of which is not made as provided in <del>that</del> subsection (a) <ins>of this Code section</ins> 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.