| 1 | 1 | | 25 LC 47 3448 |
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| 2 | 2 | | Senate Bill 289 |
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| 3 | 3 | | By: Senators Islam Parkes of the 7th, Jones II of the 22nd, Jackson of the 41st, Esteves of the |
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| 4 | 4 | | 35th, Orrock of the 36th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 1 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to codes of ethics for government service, so as to provide a definition of "formal2 |
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| 10 | 10 | | charges" regarding ethical violations by members of certain boards, commissions, or3 |
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| 11 | 11 | | authorities; to provide for related matters; to provide for an effective date; to repeal4 |
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| 12 | 12 | | conflicting laws; and for other purposes.5 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 14 | 14 | | SECTION 1.7 |
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| 15 | 15 | | Article 1 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to8 |
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| 16 | 16 | | codes of ethics for government service, is amended by revising Code Section 45-10-4,9 |
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| 17 | 17 | | relating to code of ethics for members of boards, commissions, and authorities — hearing,10 |
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| 18 | 18 | | notice, removal of member from office, filling vacancies, and judicial review, as follows:11 |
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| 19 | 19 | | "45-10-4.12 |
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| 20 | 20 | | (a) As used in this Code section, the term 'formal charge' means a statement made under |
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| 21 | 21 | | 13 |
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| 22 | 22 | | oath by an elected state, county, or municipal official, which alleges that probable cause14 |
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| 23 | 23 | | exists to believe that a member serving on a board, commission, or authority created by15 |
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| 24 | 24 | | S. B. 289 |
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| 25 | 25 | | - 1 - 25 LC 47 3448 |
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| 26 | 26 | | general statute has committed an ethical violation relative to one or more provisions of16 |
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| 27 | 27 | | Code Section 45-10-3.17 |
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| 28 | 28 | | (b) Upon formal charges being filed with the Governor relative to a violation of Code18 |
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| 29 | 29 | | Section 45-10-3 on the part of a member of any such board, commission, or authority, the19 |
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| 30 | 30 | | Governor or his or her designated agent shall conduct a hearing for the purpose of receiving20 |
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| 31 | 31 | | evidence relative to the merits of such charges. The member so charged shall be given at21 |
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| 32 | 32 | | least 30 days' notice prior to such hearing. If such charges are found to be true, the22 |
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| 33 | 33 | | Governor shall forthwith remove such member from office and the vacancy shall be filled23 |
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| 34 | 34 | | as provided by law. Such hearing shall be held in accordance with Chapter 13 of Title 50,24 |
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| 35 | 35 | | the 'Georgia Administrative Procedure Act,' and judicial review of any such decision shall25 |
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| 36 | 36 | | be in accordance with such chapter."26 |
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| 37 | 37 | | SECTION 2.27 |
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| 38 | 38 | | This Act shall become effective upon its approval by the Governor or upon its becoming law28 |
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| 39 | 39 | | without such approval.29 |
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| 40 | 40 | | SECTION 3.30 |
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| 41 | 41 | | All laws and parts of laws in conflict with this Act are repealed.31 |
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| 42 | 42 | | S. B. 289 |
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| 43 | 43 | | - 2 - |
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