HB2685113th GA (Historical)Introduced

Amends TCA Title 5, Chapter 5.

Present law prohibits a member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county from voting on matters in which such member has a conflict of interest. A conflict of interest is created when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse. The vote of any member having a conflict of interest is void if challenged in a timely manner. As used in this law, “timely manner” means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body. This bill changes the present law by providing, instead, that after each vote is taken that could involve a conflict of interest and prior to the vote being announced by the chair, the chair must do the following: (1) Ask the members of the legislative body if a member of the legislative body voted in violation of the law regarding conflicts of interest. If the chair finds that a member voted in violation of such law, then the chair must declare that member's vote void; and (2) After resolving challenges under (1) above, ask the members of the public in attendance at the meeting if a member of the legislative body voted in violation of such law. If the chair finds that a member voted in violation of such law, then the chair must declare that member's vote void. ON APRIL 1, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2685 FOR SENATE BILL 2548, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2685, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, do the following: (1) Prohibit a member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county from voting on matters in which such member has a conflict of interest. A conflict of interest is created under the bill when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse; (2) Require that each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees to be by recorded electronic vote or by roll call vote; (3) Establish that the vote of a member having a conflict of interest is void if successfully challenged pursuant to (4) below; and (4) After each vote is taken that could involve a conflict of interest under (1) above and prior to the vote being announced by the chair, require the chair to ask the members of the legislative body if a member of the legislative body voted in violation of (1) above. If the chair finds that a member voted in violation of (1) above, then the chair must declare that member's vote void.

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Overview

Present law prohibits a member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county from voting on matters in which such member has a conflict of interest. A conflict of interest is created when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse. The vote of any member having a conflict of interest is void if challenged in a timely manner. As used in this law, “timely manner” means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body. This bill changes the present law by providing, instead, that after each vote is taken that could involve a conflict of interest and prior to the vote being announced by the chair, the chair must do the following: (1) Ask the members of the legislative body if a member of the legislative body voted in violation of the law regarding conflicts of interest. If the chair finds that a member voted in violation of such law, then the chair must declare that member's vote void; and (2) After resolving challenges under (1) above, ask the members of the public in attendance at the meeting if a member of the legislative body voted in violation of such law. If the chair finds that a member voted in violation of such law, then the chair must declare that member's vote void. ON APRIL 1, 2024, THE SENATE SUBSTITUTED HOUSE BILL 2685 FOR SENATE BILL 2548, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 2685, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, do the following: (1) Prohibit a member of the legislative body of a county who is also an employee of the same county or whose spouse is an employee of the same county from voting on matters in which such member has a conflict of interest. A conflict of interest is created under the bill when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member's spouse; (2) Require that each vote taken by a legislative body of a county that has the effect of increasing the pay or benefits of county employees to be by recorded electronic vote or by roll call vote; (3) Establish that the vote of a member having a conflict of interest is void if successfully challenged pursuant to (4) below; and (4) After each vote is taken that could involve a conflict of interest under (1) above and prior to the vote being announced by the chair, require the chair to ask the members of the legislative body if a member of the legislative body voted in violation of (1) above. If the chair finds that a member voted in violation of (1) above, then the chair must declare that member's vote void.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2024

Subjects
10951655

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