Bill Text: GA SB456 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Redevelopment; directors of downtown development authority designated as urban redevelopment agency; serve as commissioners

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2010-07-01 - Effective Date [SB456 Detail]

Download: Georgia-2009-SB456-Introduced.html

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10 SB456/AP

Senate Bill 456

By: Senators Mullis of the 53rd, Rogers of the 21st and Murphy of the 27th

AS PASSED

A BILL TO BE ENTITLED
AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that directors of a downtown development authority designated as an urban redevelopment agency and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency; to revise provisions relating to conduct of members of development authorities, downtown development authorities, and other local authorities as it relates to conflicts of interest; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (b) of Code Section 36-61-19, relating to eligibility of commissioners and officers of housing authorities for other office, as follows:

"(b) Except for directors Directors of a downtown development authority designated as an urban redevelopment agency pursuant to this chapter, no commissioner or other officer of any housing authority, urban redevelopment agency, board, or commission exercising powers pursuant to this chapter shall hold any and other public office under officers of the municipality or county other than his commissionership or office with respect to such housing authority, may serve as commissioners of the urban redevelopment agency, board, or commission provided that such persons comply with the provisions of subsection (a) of this Code section."

SECTION 2.

Said title is further amended by revising subparagraph (e)(1)(B) of Code Section 36-62-5, relating to directors, officers, compensation, adoption of bylaws, delegation of powers and duties, conflicts of interest, and audits relative to development authorities, as follows:

"(B) The provisions of paragraph (9) of Code Section 45-10-3 and subparagraph (A) of this paragraph shall be deemed to have been complied with and the authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or any organization or person with which any director of the authority is in any way interested or involved, provided (1) that any interest or involvement by such director is disclosed in advance to the directors of the authority and is recorded in the minutes of the authority, (2) that any interest or involvement by such director with a value in excess of $200.00 per calendar quarter is published by the authority one time in the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (3) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) (4) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' shall mean means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director as determined by the authority, which determination shall be final and not subject to review."

SECTION 3.

Said title is further amended by revising paragraph (2) of subsection (a) of Code Section 36-62A-1, relating to ethics and conflicts of interest regarding members of local authorities, as follows:

"(2) The provisions of paragraph (9) of Code Section 45-10-3 and of paragraph (1) of this subsection shall be deemed to have been complied with and any such authority may purchase from, sell to, borrow from, loan to, contract with, or otherwise deal with any director or member or any organization or person with which any director or member of said authority is in any way interested or involved, provided (1) that any interest or involvement by such director or member is disclosed in advance to the directors or members of the authority and is recorded in the minutes of the authority, (2) that any interest or involvement by such director with a value in excess of $200.00 per calendar quarter is published by the authority one time in the legal organ in which notices of sheriffs' sales are published in each county affected by such interest, at least 30 days in advance of consummating such transaction, (3) that no director having a substantial interest or involvement may be present at that portion of an authority meeting during which discussion of any matter is conducted involving any such organization or person, and (3) (4) that no director having a substantial interest or involvement may participate in any decision of the authority relating to any matter involving such organization or person. As used in this subsection, a 'substantial interest or involvement' shall mean means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such director or member as determined by the authority, which determination shall be final and not subject to review."

SECTION 4.

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