| HB 1593 - Growth in Good Government Act; enact |
First Reader Summary
A BILL to amend Chapter 67A of Title 36 of the Official Code of
Georgia Annotated, relating to conflict of interest in zoning
actions, so as to provide a short title; to change certain
provisions relating to disclosure of campaign contributions; to
provide for disqualification of local government officials from
voting on rezoning actions in certain cases; and for other
purposes.
| House |
Action |
Senate |
| 2/24/00 |
Read 1st Time |
|
| 2/25/00 |
Read 2nd Time |
|
| 3/3/00 |
Recommitted |
|
HB 1593 LC 25 1696
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 67A of Title 36 of the Official Code of
1- 2 Georgia Annotated, relating to conflict of interest in
1- 3 zoning actions, so as to provide a short title; to change
1- 4 certain provisions relating to disclosure of campaign
1- 5 contributions; to provide for disqualification of local
1- 6 government officials from voting on rezoning actions in
1- 7 certain cases; to change certain provisions relating to
1- 8 penalties; to provide that certain rezoning decisions shall
1- 9 be invalid; to change certain provisions relating to
1-10 appointment of disinterested special master if governing
1-11 authority unable to attain a quorum; to repeal conflicting
1-12 laws; and for other purposes.
1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-14 SECTION 1.
1-15 This Act shall be known and may be cited as the "Growth in
1-16 Good Government Act."
1-17 SECTION 2.
1-18 Chapter 67A of Title 36 of the Official Code of Georgia
1-19 Annotated, relating to conflict of interest in zoning
1-20 actions, is amended by striking Code Section 36-67A-3,
1-21 relating to disclosure of campaign contributions, and
1-22 inserting in lieu thereof the following:
1-23 "36-67A-3.
1-24 (a) When any applicant for rezoning action has made,
1-25 within two years immediately preceding the filing of that
1-26 applicant's application for the rezoning action, campaign
1-27 contributions aggregating $250.00 or more to a local
1-28 government official who of the local government which will
1-29 consider the application, it shall be the duty of the
1-30 applicant to file a disclosure report with the governing
1-31 authority of the respective local government showing:
-1-
2- 1 (1) The name and official position of the local
2- 2 government official to whom the campaign contribution
2- 3 was made; and
2- 4 (2) The dollar amount and description of each campaign
2- 5 contribution made by the applicant to the local
2- 6 government official during the two years immediately
2- 7 preceding the filing of the application for the rezoning
2- 8 action and the date of each such contribution.
2- 9 (b) The disclosures required by subsection (a) of this
2-10 Code section shall be filed within ten days after the
2-11 application for the rezoning action is first filed.
2-12 (c) When any opponent of a rezoning action has made,
2-13 within two years immediately preceding the filing of the
2-14 rezoning action being opposed, campaign contributions
2-15 aggregating $250.00 or more to a local government official
2-16 of the local government which will consider the
2-17 application, it shall be the duty of the opponent to file
2-18 a disclosure with the governing authority of the
2-19 respective local government showing:
2-20 (1) The name and official position of the local
2-21 government official to whom the campaign contribution
2-22 was made; and
2-23 (2) The dollar amount and description of each campaign
2-24 contribution made by the opponent to the local
2-25 government official during the two years immediately
2-26 preceding the filing of the application for the rezoning
2-27 action and the date of each such contribution.
2-28 (d) The disclosure required by subsection (c) of this Code
2-29 section shall be filed at least five calendar days prior
2-30 to the first hearing by the local government or any of its
2-31 agencies on the rezoning application.
2-32 (e) Any disclosure report filed under this Code section
2-33 shall be a public record subject to inspection as provided
2-34 in Article 4 of Chapter 18 of Title 50. At least five
2-35 calendar days prior to the first hearing by the local
2-36 government or any of its agencies on the rezoning
2-37 application, the clerk of the governing authority shall
2-38 cause a copy of each such filed report to be posted in a
2-39 conspicuous place available to the public at the meeting
2-40 place where such hearing is to be held, and each such copy
2-41 shall remain posted until the hearing has been concluded.
-2-
3- 1 (f) Any local government official who received campaign
3- 2 contributions which the contributor is required to
3- 3 disclose under this Code section with respect to a
3- 4 rezoning action shall disqualify himself from voting on
3- 5 that rezoning action, whether or not the contributor has
3- 6 filed the disclosure report as required."
3- 7 SECTION 3.
3- 8 Said chapter is further amended by striking Code Section
3- 9 36-67A-4, relating to penalties, and inserting in lieu
3-10 thereof the following:
3-11 "36-67A-4.
3-12 (a) Except as otherwise provided in this Code section, any
3-13 Any person knowingly either failing to comply with the
3-14 requirements of this chapter or violating the provisions
3-15 of this chapter shall be guilty of a misdemeanor.
3-16 (b) Any applicant, opponent, or local government official
3-17 who knowingly either fails to comply with the requirements
3-18 or violates the provisions of Code Section 36-67A-2 or
3-19 36-67A-3 shall be guilty of a misdemeanor of a high and
3-20 aggravated nature."
3-21 SECTION 4.
3-22 Said chapter is further amended by striking Code Section
3-23 36-67A-5, relating to appointment of disinterested special
3-24 master if governing authority unable to attain a quorum, and
3-25 inserting in lieu thereof the following:
3-26 "36-67A-5.
3-27 (a)(1) Any final decision on a rezoning action in which
3-28 a vote is cast by any local government official who is
3-29 required by this chapter to disqualify himself or
3-30 herself from voting on such matter shall be invalid,
3-31 except when such disqualification requirement is waived
3-32 as otherwise provided by this Code section.
3-33 (2) Where one or more disqualifications required by this
3-34 chapter result in the inability of the governing
3-35 authority of the county or municipality to attain a
3-36 quorum for the purpose of making a final decision when
3-37 considering a rezoning action, the governing authority
3-38 immediately shall petition the superior court wherein
3-39 the property which is the subject of the rezoning is
3-40 located for appointment of a disinterested special
3-41 master for the purpose of hearing evidence regarding the
-3-
4- 1 proposed rezoning action and making a recommendation to
4- 2 the petitioning governing authority. The court, in its
4- 3 order appointing the special master, shall give such
4- 4 directions for notice and the service thereof as well as
4- 5 for the time in which a hearing must be held and
4- 6 recommendations issued as are just and appropriate under
4- 7 the circumstances and as are consistent with this
4- 8 chapter.
4- 9 (b) The disinterested special master provided for in this
4-10 Code section shall be appointed by the judge or judges of
4-11 the superior courts of each judicial circuit and shall
4-12 discharge the duties provided for in this Code section.
4-13 The special master so appointed must be a competent
4-14 attorney at law, be of good standing in his profession,
4-15 and have at least three years' experience in the practice
4-16 of law. He shall hold office at the pleasure of the judge
4-17 and shall be removable at any time with or without cause.
4-18 The court, in its order appointing the special master,
4-19 shall designate the person or entity responsible for
4-20 compensating the special master at a rate not less than
4-21 $50.00 per day nor more than $250.00 per day for the time
4-22 actually devoted to the hearing and consideration of the
4-23 matter.
4-24 (c) The special master shall consider any factors relevant
4-25 in balancing the interest in promoting the public health,
4-26 safety, morality, or general welfare against the right to
4-27 the unrestricted use of property.
4-28 (d) The hearing provided for in this Code section and all
4-29 records pertinent thereto shall be open and available to
4-30 the public.
4-31 (e) Nothing contained in this Code section shall be
4-32 construed as a delegation of the final decision-making
4-33 powers of the governing authority to the special master
4-34 and the recommendation of the special master is not a
4-35 final decision as to the rezoning action. Where a special
4-36 master has been appointed and has made a recommendation,
4-37 the disqualification requirement requirements of Code
4-38 Section Sections 36-67A-2 and 36-67A-3 shall be waived."
4-39 SECTION 5.
4-40 All laws and parts of laws in conflict with this Act are
4-41 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/04/00
