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2018 Georgia Code 45-10-24 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 45-10-24 Case Law from Google Scholar Amendments to OCGA 45-10-24

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 10. Codes of Ethics and Conflicts of Interest, 45-10-1 through 45-10-92.

ARTICLE 2 CONFLICTS OF INTEREST

45-10-24. Part-time public officials with state-wide powers prohibitions; part-time employees prohibitions; exceptions to prohibitions.

    1. Except as provided in subsection (b) of this Code section, it shall be unlawful for any part-time public official who has state-wide powers, for himself or on behalf of any business, or for any business in which such public official or member of his family has a substantial interest to transact any business with any agency.
    2. Except as provided in subsection (b) of this Code section, it shall be unlawful for any part-time employee, for himself or on behalf of any business, or for any business in which such employee or member of his family has a substantial interest to transact any business with the agency by which such employee is employed.
  2. The provisions of subsection (a) of this Code section shall not apply to:
    1. Any transaction made pursuant to sealed competitive bids;
    2. Any transaction when the amount of a single transaction does not exceed $250.00 and when the aggregate of all such transactions does not exceed $9,000.00 per calendar year;
    3. Any transaction involving the lease of real property to or from any agency if such transaction has been approved by the State Properties Commission or the Space Management Division of the Department of Administrative Services; and
    4. Any transaction involving the purchase of surplus state property at a public auction.
  3. Any person who knowingly violates subsection (a) of this Code section shall be subject to the penalties provided for in Code Section 45-10-28.

(Code 1981, §45-10-24, enacted by Ga. L. 1983, p. 1326, § 1; Ga. L. 1984, p. 452, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1987, "of this Code section" was inserted in the introductory language of subsection (b).

Law reviews.

- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).

OPINIONS OF THE ATTORNEY GENERAL

State board member owning interest in nursing home or pharmacy receiving Medicaid payments.

- A conflict of interest would occur if a member of a state board owns a substantial interest in a nursing home or pharmacy that receives Medicaid payments and such individual is a member of the Board of Medical Assistance (now Board of Community Health) or of a board which has state-wide powers. 1983 Op. Att'y Gen. No. U83-48.

Legislator or family member who owns assets in business receiving Medicaid reimbursement.

- It would be a violation of O.C.G.A. § 45-10-24(a)(1) for a member of the General Assembly, or a family member of a legislator, to own more than 25 percent of the assets or stock of any business which receives Medicaid reimbursement from the Department of Medical Assistance (now Department of Community Health). 1983 Op. Att'y Gen. No. U83-48.

Legislator or family member who owns assets in company leasing equipment to Medicaid provider.

- A violation of O.C.G.A. § 45-10-24(a)(1) would not occur if a legislator owned an interest in a corporation which receives income from renting medical equipment to a Medicaid provider, since in such instance it is the provider, not the legislator, who is transacting business with the Department of Medical Assistance (now Department of Community Health). 1983 Op. Att'y Gen. No. U83-48.

Legislator owning pharmacy receiving Medicaid payments under limit.

- A conflict of interest would not occur if a member of the General Assembly owns a pharmacy that receives Medicaid payments if the amount of a single Medicaid transaction does not exceed $250.00 and the aggregate of all transactions does not exceed $9,000 per calendar year. 1983 Op. Att'y Gen. No. U83-63.

Cases Citing O.C.G.A. § 45-10-24

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Georgia Dep't of Med. Assistance v. Allgood, 320 S.E.2d 155 (Ga. 1984).

Cited 4 times | Published | Supreme Court of Georgia | Sep 25, 1984 | 253 Ga. 370

...ng business," that such transactions are not exempt, and that if applicable, the exemptions are unconstitutional under 1983 Ga. Const., Art. I, Sec. II, Par. I, and Ga. Dept. of Human Resources v. Sistrunk, 249 Ga. 543 (291 SE2d 524) (1982). 1. OCGA § 45-10-24 (a) (1) provides as follows: "Except as provided *373 in subsection (b) of this Code section, it shall be unlawful for any part-time public official who has state-wide powers, for himself or on behalf of any business, or for any business...
...half of oneself or on behalf of any third party as an agent, broker, dealer, or representative." OCGA § 45-10-20 (12). [3] "Agency" is defined to include departments of the state and thus includes the Department of Medical Assistance. Applying OCGA § 45-10-24 (a) (1), supra, as defined by OCGA § 45-10-20, supra, to the facts of these cases, it provides that it shall be unlawful for any business in which a member of the General Assembly or his spouse owns more than 25% of the stock, on its beh...
...The nursing homes here involved do not sell or lease property or services to DMA. They make space available and provide services to their patients. [4] DMA receives no property or service. Thus, the nursing homes are not "transacting any business" with DMA within the meaning of OCGA § 45-10-24 (a) (1) as the phrase "transacting any business" is defined by OCGA § 45-10-20 (12)....
...e state, and hence the pharmacy here involved is not transacting business with DMA as the phrase "transact any business" is defined in OCGA § 45-10-20 (12), supra. These conclusions are confirmed by OCGA § 45-10-25 (a) (3) which provides that OCGA § 45-10-24, supra, shall not apply to "Any transaction between a public official or employee or any business in which such public official or employee or any member of his family has a substantial interest and any person, the cost of which transacti...
...dry, nursing services, except private duty care, but including therapy, social services, personal care and grooming, special equipment needs, nonprescription drugs, and medical lab and X-ray services if available. [2] Exceptions are provided in OCGA § 45-10-24 (b) for transactions made by sealed competitive bids, single transactions involving less than $250 and aggregating less than $9,000 a year, and transactions involving leases of real property which have been approved by the State Propertie...