10 LC 33
3701S/AP
House
Bill 1007 (AS PASSED HOUSE AND SENATE)
By:
Representative Holt of the
112th
A
BILL TO BE ENTITLED
AN ACT
To
amend Code Section 16-10-6 of the Official Code of Georgia Annotated, relating
to sale of real or personal property to political subdivision by local officer
or employee, so as to increase the maximum amount of sales of personal property
that is exempt from the prohibitions of the Code section; to limit civil
liability; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 16-10-6 of the Official Code of Georgia Annotated, relating to sale of
real or personal property to political subdivision by local officer or employee,
is amended by revising subsection (c) and adding a new subsection to read as
follows:
"(c)
Subsection (b) of this Code section shall not apply to:
(1)
Sales of personal property of less than
$200.00
$800.00
per calendar quarter;
(2)
Sales of personal property made pursuant to sealed competitive bids made by the
employee, appointed officer, or elected officer, either for himself or herself
or on behalf of any business entity; or
(3)
Sales of real property in which a disclosure has been made:
(A)
To the judge of the probate court of the county in which the purchasing
political subdivision or local authority is wholly included or, if not wholly
included in any one county, to the judge of the probate court of any county in
which the purchasing political subdivision or local authority is partially
included and which shall have been designated by the purchasing political
subdivision or local authority to receive such disclosures, provided that if the
sale is made by the judge of the probate court, a copy of such disclosure shall
also be filed with any superior court judge of the superior court of the
county;
(B)
At least 15 days prior to the date the contract or agreement for such sale will
become final and binding on the parties thereto;
(C)
Which shows that an employee, appointed officer, or elected officer of an
employing political subdivision or agency thereof or of an employing local
authority has a personal interest in such sale, which interest includes, without
being limited to, any commission, fee, profit, or similar benefit and which
gives the name of such person, his or her position in the political subdivision
or agency or local authority, the purchase price, and location of the
property.
(d)
Any contract or transaction for a sale made in accordance with subsection (c) of
this Code section shall be valid and no employee, appointed officer, or elected
officer shall be subject to civil liability for any such
sale."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.