HB 610: Local government; authorize acquisition of property interests by municipal elected and appointed officials and employees in redevelopment areas with certain conditions

Under current Georgia law, elected or appointed officials, board or commission members, and employees of a political subdivision are barred from voluntarily acquiring any interest in property inside a redevelopment area or in contracts tied to that redevelopment. Non-voluntary acquisitions had to be disclosed, and anyone who already held an interest before a redevelopment plan was submitted had to disclose it and then stay out of any action affecting that property. House Bill 610 rewrites O.C.G.A. § 36-44-21 so that officials and employees may acquire an interest in redevelopment area property or related contracts, as long as they immediately disclose that interest in writing to the local legislative body, with the disclosure entered into the minutes. It also removes the requirement that an official who held a prior interest must recuse from any action affecting that property. A contract becomes voidable by the local legislative body only if the required disclosure is not made, rather than whenever subsection (a) is violated. The bill repeals conflicting laws and does not state a delayed effective date.

• Removes the word 'voluntarily' from the ban on officials acquiring interests in redevelopment property, but pairs the acquisition with a disclosure requirement instead of an outright prohibition.
• Allows officials, board and commission members, and employees to acquire an interest in redevelopment area property or contracts as long as they immediately disclose it in writing to the local legislative body.
• Removes the current rule that an official with a prior property interest must not participate in agency actions affecting that property.
• Narrows when a contract becomes voidable: only when the required disclosure is not made, rather than whenever subsection (a) is violated.
• Keeps the existing rule that failing to comply with the disclosure requirement counts as misconduct in office.

Elected and appointed municipal officials, members of local boards, commissions, and redevelopment agencies, and government employees who work on redevelopment plans; also the local legislative bodies (city councils) that receive and record the disclosures and decide whether to void noncompliant contracts.

The change would let officials personally acquire property or contract interests inside redevelopment areas they help oversee, something largely barred today, as long as they disclose it in writing. It also removes the current recusal requirement, so a disclosed prior interest would no longer stop an official from voting on or acting in matters affecting that property.

• Section 1 revises O.C.G.A. § 36-44-21(a) by deleting 'voluntarily' from the acquisition ban and replacing the disclosure trigger so acquisitions are allowed if immediately disclosed in writing to the local legislative body, entered on the minutes.
• Section 1 also removes language in (a) barring an official with a pre-existing disclosed interest from participating in agency actions that affect that property.
• Section 1 revises O.C.G.A. § 36-44-21(b) so a contract or transaction is voidable only if the required disclosure was not made, rather than whenever subsection (a) itself is violated.
• Subsection (c) is unchanged: failure to comply with the disclosure rule in subsection (a) still constitutes misconduct in office.
• Section 2 repeals all laws and parts of laws in conflict with the Act.

1. 2025-02-27House Second Readers (Cámara de Representantes)
2. 2025-02-26House First Readers (Cámara de Representantes)
3. 2025-02-24House Hopper (Cámara de Representantes)

• Teddy Reese (D, HD-140)Patrocinador principal
• Carolyn Hugley (D, HD-141)
• Carmen Rice (R, HD-139)
• Debbie Buckner (D, HD-137)
• Vance Smith (R, HD-138)

• local government ethics
• redevelopment law
• conflicts of interest
• municipal officials