| 1 | 1 | | 25 LC 44 2997 |
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| 2 | 2 | | House Bill 610 |
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| 3 | 3 | | By: Representatives Reese of the 140 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Hugley of the 141 |
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| 6 | 6 | | st |
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| 7 | 7 | | , Rice of the 139 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Buckner of the |
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| 10 | 10 | | 137 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Smith of the 138 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | redevelopment powers, so as to authorize acquisition of property interests by municipal2 |
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| 20 | 20 | | elected and appointed officials and employees in redevelopment areas with certain3 |
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| 21 | 21 | | conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | Chapter 44 of Title 36 of the Official Code of Georgia Annotated, relating to redevelopment7 |
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| 25 | 25 | | powers, is amended by revising Code Section 36-44-21, relating to public employees and8 |
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| 26 | 26 | | officials prohibited from holding interest disclosures, voidability of prohibited transactions,9 |
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| 27 | 27 | | and misconduct in office, as follows:10 |
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| 28 | 28 | | "36-44-21.11 |
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| 29 | 29 | | (a) No elected or appointed official or employee of a political subdivision or a board,12 |
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| 30 | 30 | | commission, or redevelopment agency thereof shall voluntarily |
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| 31 | 31 | | acquire any interest, direct13 |
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| 32 | 32 | | or indirect, in any property included or planned to be included in a redevelopment area, or14 |
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| 33 | 33 | | in any contract or transaction or proposed contract or transaction in connection with the15 |
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| 34 | 34 | | redevelopment of that redevelopment area. Where such acquisition is not voluntary, the16 |
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| 35 | 35 | | H. B. 610 |
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| 36 | 36 | | - 1 - 25 LC 44 2997 |
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| 37 | 37 | | interest acquired shall be immediately disclosed without immediately disclosing such17 |
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| 38 | 38 | | interest in writing to the local legislative body and such disclosure shall be entered upon18 |
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| 39 | 39 | | the minutes of the local legislative body. Any such elected or appointed official or19 |
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| 40 | 40 | | employee who, within two years immediately prior to the date the plan is submitted to a20 |
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| 41 | 41 | | local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership21 |
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| 42 | 42 | | or control of any interest, direct or indirect, in any property which is included in the22 |
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| 43 | 43 | | redevelopment area designated in that plan and who retains that ownership or control at the23 |
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| 44 | 44 | | time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the24 |
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| 45 | 45 | | local legislative body to adopt the plan, disclose the interest in writing to the local25 |
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| 46 | 46 | | legislative body and such disclosure shall be entered upon the minutes of the local26 |
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| 47 | 47 | | legislative body, and that person shall not participate in any action by the political27 |
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| 48 | 48 | | subdivision, board, commission, or redevelopment agency thereof which affects that28 |
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| 49 | 49 | | property. Any disclosure required to be made by this subsection shall concurrently be29 |
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| 50 | 50 | | made to the redevelopment agency.30 |
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| 51 | 51 | | (b) Any contract or transaction in violation of subsection (a) of this Code section or the31 |
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| 52 | 52 | | disclosure of which is not made as provided in that subsection (a) of this Code section shall32 |
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| 53 | 53 | | be voidable by the local legislative body. This subsection shall not apply to any indenture,33 |
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| 54 | 54 | | agreement, contract, or transaction which constitutes security, direct or indirect, for34 |
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| 55 | 55 | | payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the35 |
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| 56 | 56 | | judgment and order confirming and validating any such bonds or other obligations shall36 |
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| 57 | 57 | | constitute a final and conclusive adjudication as to any such security.37 |
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| 58 | 58 | | (c) Failure by an official or employee to comply with subsection (a) of this Code section38 |
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| 59 | 59 | | shall constitute misconduct in office."39 |
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| 60 | 60 | | SECTION 2.40 |
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| 61 | 61 | | All laws and parts of laws in conflict with this Act are repealed.41 |
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| 62 | 62 | | H. B. 610 |
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| 63 | 63 | | - 2 - |
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