Bill Text: GA SB147 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Officials; prohibit from granting themselves licenses by waiving certain requirements; penalties

Sponsorship: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2011-03-14 - House Second Readers [SB147 Detail]

Download: Georgia-2011-SB147-Comm_Sub.html

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11 LC 29 4693S

The Senate Ethics Committee offered the following substitute to SB 147:

A BILL TO BE ENTITLED
AN ACT

To amend Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for conflicts of interest, so as to prohibit public officials from granting themselves licenses by waiving certain requirements; to provide for penalties; to provide for renewal of such licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Part 1 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for conflicts of interest, is amended by revising subsection (a) of Code Section 45-10-28, relating to penalties for violation of the part, as follows:

"(a)(1) Any appointed public official or employee who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26, or 45-10-29 shall be subject to:

(A) Removal from office or employment;

(B) A civil fine not to exceed $10,000.00; and

(C) Restitution to the state of any pecuniary benefit received as a result of such violation.

(2) Any elected public official who violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26, or 45-10-29 shall be subject to:

(A) A civil fine not to exceed $10,000.00; and

(B) Restitution to the state of any pecuniary benefit received as a result of such violation.

(3) Any business which violates Code Section 45-10-22, 45-10-23, 45-10-24, or 45-10-26, or 45-10-29 shall be subject to:

(A) A civil fine not to exceed $10,000.00; and

(B) Restitution to the state of any pecuniary benefit received as a result of such violation."

SECTION 2.

Said part is further amended by adding a new Code section to read as follows:

"45-10-29.

(a) Notwithstanding any law, rule, or regulation to the contrary, a public official shall not be authorized to waive any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business.

(b) Any license that has been issued by a public official by waiving any legal, educational, or testing requirement for himself or herself relative to the issuance of any license to himself, herself, or to his or her business shall not be renewed until and unless the license holder has satisfied all of the requirements for securing a renewal license as well as any requirement that had been waived for the issuance of the original license.

(c) Any person who knowingly violates subsection (a) or (b) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.