Definitions

As used in this article, the term: 747 50-8-61 (1) “Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, trust, or other legal entity. (2) “Commission” means a regional commission established pursuant to Article 2 of this chapter. (3) “Commissioner” means the commissioner of community affairs. (4) “Council member” means any member of the council of a regional commission established under Article 2 of this chapter. (5) “Employee” means any person who, pursuant to a written or oral contract, is employed by a regional commission or by a nonprofit corporation. (6) “Family” means spouse and dependents. (7) “Nonprofit corporation” means any nonprofit corporation created or controlled by a regional commission as expressly authorized by law, or as administratively authorized pursuant to subsection (f) of Code Section 50-8-35. (8) “Person” means any person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other legal entity. (9) “Substantial interest” means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (10) “Transact business” or “transact any business” means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; to purchase surplus real or personal property on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative; or to obtain loans or loan packaging services on behalf of oneself or any third party as an agent, dealer, broker, or representative. History. Code 1981, § 50-8-60, enacted by Ga. L. 1992, p. 1271, § 2; Ga. L. 1993, p. 1374, § 5; Ga. L. 2008, p. 181, § 6/HB 1216. 50-8-61. Prohibited employment of employee of commission or nonprofit corporation; penalties. (a) For the purposes of this chapter, when a commission or nonprofit corporation administers a contract in which it procures goods or services or makes loans or otherwise directs the expenditure of funds, no employee who is compensated for his or her services by either the commission or nonprofit corporation or any member of a board or 748 50-8-62 advisory committee of the commission or nonprofit corporation that plays a role in determining such contracts, loans, or procurement decisions shall also serve, during the period of any such contract, loan, or procurement decision, as a board member, officer, independent contractor, or paid employee of the entity contracting with, borrowing from, or otherwise receiving funds from the commission or nonprofit corporation. (b) This Code section shall not preclude an employee of a commission from serving, without compensation, as an officer of a nonprofit corporation for the purposes of executing loan transactions; nor shall this Code section preclude a commission and any nonprofit corporation that it creates or controls from entering into a contract with the other for the provision of staff services. In addition, this Code section shall not preclude an employee of a private financial institution from serving on a loan review or other advisory committee of a nonprofit corporation even when such financial institution participates in a loan of the nonprofit corporation. Further, this Code section shall not preclude a board member of a commission from also serving as a member of a board or advisory committee of a nonprofit corporation created pursuant to paragraph (1) of subsection (f) of Code Section 50-8-35. (c) Any person who knowingly violates this Code section shall be subject to the penalties provided for in Code Section 50-8-66. History. Code 1981, § 50-8-61, enacted by Ga. L. 1992, p. 1271, § 2; Ga. L. 1993, p. 1374, § 6; Ga. L. 1998, p. 128, § 50; Ga. L. 2009, p. 8, § 50/SB 46.