23 LC 44 2305
H. B. 572
- 1 -
House Bill 572
By: Representatives Reeves of the 99
th
, DeLoach of the 167
th
, Gunter of the 8
th
, Smith of the
18
th
, Leverett of the 123
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to
1
government transparency and campaign finance, so as to rename the Georgia Government2
Transparency and Campaign Finance Commission as the State Ethics Commission; to3
provide for civil penalties regarding disclosure reports; to provide for contribution amounts4
and construction of same; to remove provisions regarding contribution reports sent by United5
States mail; to remove a provision regarding repayment of loans to campaign committees;6
to amend Code Sections 36-62-5 and 37-2-6.1 and Title 45 of the Official Code of Georgia7
Annotated, relating to development authority directors, officers, compensation, adoption of8
bylaws, delegation of powers and duties, conflicts of interest, and audits, community service9
boards, executive director, staff, budget, facilities, powers and duties, and exemption from10
state and local taxation, and public officers and employees, respectively, so as to provide for11
cross-references; to provide for related matters; to repeal conflicting laws; and for other12
purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 44 2305
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SECTION 1.
15
Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government16
transparency and campaign finance, is amended in Code Section 21-5-3, relating to17
definitions, by revising paragraphs (5) and (25) as follows:18
"(5) 'Commission' means the Georgia Government Transparency and Campaign Finance
19
Commission State Ethics Commission created under Code Section 21-5-4."20
"(25) 'Staff attorney' means a licensed member of the Georgia Bar Association that is21
employed by the Georgia Government Transparency and Campaign Finance Commission22
State Ethics Commission."23
SECTION 2.24
Said chapter is further amended in Code Section 21-5-4, relating to Georgia Government25
Transparency and Campaign Finance Commission, membership, officers, quorum, and26
meetings, by revising subsection (a) as follows:27
"(a) The Georgia Government Transparency and Campaign Finance Commission State28
Ethics Commission shall be a successor to the State Ethics Commission Georgia29
Government Transparency and Campaign Finance Commission, with such duties and30
powers as are set forth in this chapter. As the successor commission, it shall have all the31
powers and duties granted to the State Ethics Commission Georgia Government32
Transparency and Campaign Finance Commission in all matters pending before the State33
Ethics Commission Georgia Government Transparency and Campaign Finance34
Commission and may continue to investigate, prosecute, and act upon all such matters."35
SECTION 3.36
Said chapter is further amended in Code Section 21-5-33, relating to disposition of37
contributions, by revising paragraph (3) of subsection (b) as follows:38 23 LC 44 2305
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"(3) Any candidate or public officer holding elective office may provide in the will of
39
such candidate or such public officer that the contributions shall be spent in any of the40
authorized manners upon the death of such candidate or such public officer; and, in the41
absence of any such direction in the probated will of such candidate or such public42
officer, the contributions shall be paid to the treasury of the state party with which such43
candidate or such public officer was affiliated in such candidate's or such public officer's44
last election or elective office after the payment of any expenses pursuant to subsection45
(a) of this Code section. Notwithstanding any other provisions of this paragraph, the46
personal representative or executor of the estate shall be allowed to use or pay out funds47
in the campaign account in any manner authorized in subparagraphs (A) through (E)
(F)48
of paragraph (1) of this subsection."49
SECTION 4.50
Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by51
revising paragraphs (3) and (4) of subsection (a), subparagraph (c)(2)(C), and subsection (m)52
as follows:53
"(3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code54
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee55
shall sign and file the required disclosure reports with the election superintendent in the56
county of election. Upon receipt of any such report, the election superintendent shall57
cause such report to be available for inspection and copying in accordance with Article58
4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each59
such report to the commission, electronically by eFiling or eFax, not later than 30 days60
after the end of the grace period. No fine, fee, or sanction, including but not limited to61
identifying a candidate as having filed late or failed to file, shall be imposed by the62
commission on a candidate for the failure of the election superintendent to timely63
transmit a copy of such report. The commission is authorized to impose civil penalties64 23 LC 44 2305
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pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election65
superintendent who fails to properly transmit a copy of each such report, upon finding66
that said superintendent willfully failed to comply with the provisions of this chapter.67
(4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code68
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee69
shall sign and file the required disclosure reports with the municipal clerk in the70
municipality of election or, if there is no clerk, with the chief executive officer of the71
municipality; provided, however, that a municipality and a county may enter into an72
agreement whereby such candidates, chairpersons, or treasurers shall file the required73
disclosure reports with the county election superintendent instead. Upon receipt of any74
such report, the municipal clerk, chief executive officer of the municipality, or county75
election superintendent, as applicable, shall cause such report to be available for76
inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The77
municipal clerk, chief executive officer of the municipality, or county election78
superintendent, as applicable, shall transmit a copy of each such report to the79
commission, electronically by eFiling or eFax, not later than 30 days after the end of the80
grace period. No fine, fee, or sanction, including but not limited to identifying a81
candidate as having filed late or failed to file, shall be imposed by the commission on a82
candidate for the failure of the municipal clerk, chief executive officer of the county, or83
county election superintendent to timely transmit a copy of such report. The commission84
is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code85
Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county86
election superintendent who fails to properly transmit a copy of each such report, upon87
finding that said municipal clerk, chief executive officer of the county, or county election88
superintendent willfully failed to comply with the provisions of this chapter."89
"(C) During the period of time between the last report due prior to the date of any90
election for which the candidate is qualified and the date of such election, all91 23 LC 44 2305
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contributions of $1,000.00 or more shall be reported within two business days of receipt
92
and also reported on the next succeeding regularly scheduled campaign contribution93
disclosure report; provided, however, that this subparagraph shall only apply to
94
contributions of $1,000.00 or more that are designated for the same actual election as95
the one for which the individual is currently a candidate. Nothing in this Code section96
shall be construed to require a contribution of $1,000.00 or more that is designated as97
a general election contribution to be reported during the two business day report period98
of a primary election;"99
"(m) Except when electronic filing is required, the mailing of such reports by United States100
mail with adequate postage affixed within the required filing time as determined by the101
official United States postage date cancellation shall be prima-facie evidence of filing.102
Any person or entity which is required to be registered under this Code section shall file103
a termination statement together with its final campaign contribution disclosure report as104
required by this Code section within ten days of the dissolution of a campaign or105
committee. The termination statement shall identify the person responsible for maintaining106
campaign records as required by this chapter."107
SECTION 5.108
Said chapter is further amended in Code Section 21-5-41, relating to maximum allowable109
contributions, by revising subsection (h) as follows:110
"(h) Any candidate or campaign committee who incurs loans on or after January 9, 2006,111
in connection with the candidate's campaign for election shall not repay, directly or112
indirectly, such loans from any contributions made to such candidate or any authorized113
committee of such candidate after the date of the election for which the loan was made to114
the extent that such loans exceed $250,000.00. Reserved."115 23 LC 44 2305
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SECTION 6.
116
Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,117
filing by candidates for public office, filing by elected officials and members of the General118
Assembly, and electronic filing, by revising paragraph (2) of subsection (a) and119
subsection (d) as follows:120
"(2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined121
in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to122
file a financial disclosure statement pursuant to this Code section. Each such public123
officer shall, however, be deemed to be a public official for purposes of Code124
Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code125
Section 45-10-26. In addition, each such public officer shall file with the commission,126
prior to January 31 each year, an affidavit confirming that such public officer took no127
official action in the previous calendar year that had a material effect on such public128
officer's private financial or business interests; provided, however, that,
if a public officer129
as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously130
filed or is subject to filing a financial disclosure statement with the commission pursuant131
to this paragraph, and said financial disclosure statement covers the same calendar year132
as would be covered by the affidavit required by this Code section, the public officer shall133
be exempted from filing an affidavit."134
"(d) All state-wide elected officials and members of the General Assembly shall file135
financial disclosure statements electronically with the commission. Local officials referred136
to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file137
electronically if such method is made available or may file by certified mail, statutory138
overnight delivery, or personal delivery. Except when electronic filing is required, the139
mailing of the notarized financial disclosure statement by United States mail with adequate140
postage affixed within the required filing time as determined by the official United States141
postage date cancellation shall be prima-facie evidence of filing."142 23 LC 44 2305
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SECTION 7.
143
Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to development144
authority directors, officers, compensation, adoption of bylaws, delegation of powers and145
duties, conflicts of interest, and audits, is amended by revising paragraph (3) of146
subsection (e) as follows:147
"(3)(A) Concurrent jurisdiction to enforce this subsection is granted to the Georgia
148
Government Transparency and Campaign Finance Commission State Ethics149
Commission created under Code Section 21-5-4.150
(B) Upon formal charges being filed with an alternate enforcement authority provided151
for in subparagraph (A) of this paragraph relative to a violation of this subsection on152
the part of a member of any such development authority, the enforcement authority or153
its designated agent shall conduct a hearing for the purpose of receiving evidence154
relative to the merits of such charges. The development authority member so charged155
shall be given at least 30 days' notice prior to such hearing. If such charges are found156
to be true, the enforcement authority shall forthwith remove such member from office157
and the vacancy shall be filled as provided by law. Such hearing shall be held in158
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'159
and judicial review of any such decision shall be in accordance with such chapter.160
(C) The Georgia Government Transparency and Campaign Finance Commission State161
Ethics Commission is vested with the same powers with respect to this Code section as162
enumerated in Code Section 21-5-6."163
SECTION 8.164
Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to community165
service boards, executive director, staff, budget, facilities, powers and duties, and exemption166
from state and local taxation, is amended by revising paragraph (2) of subsection (a) as167
follows:168 23 LC 44 2305
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"(2) The executive director or any full-time or part-time employee of a community
169
service board shall have a responsibility to avoid any conflict of interest in a manner that170
is consistent with the declarations found in Code Section 45-10-21. Such employees shall171
not transact any business with that community service board as prohibited in Code172
Section 45-10-23 unless any such transaction falls under the exceptions granted in Code173
Section 45-10-25. Transactions that fall under such exceptions shall be disclosed to the174
governing board of the community service board in the manner as such governing board175
shall determine and yearly to the Georgia Government Transparency and Campaign
176
Finance Commission State Ethics Commission as prescribed in Code Section 45-10-26.177
The governing board of the community service board shall promulgate policies and178
procedures governing executive director and employee conflicts of interest and establish179
a code of ethics for the executive director and employees of the community service180
board."181
SECTION 9.182
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,183
is amended in Code Section 45-1-6, relating to gifts to employees by vendors, disclosure, and184
reports, by revising paragraph (1) of subsection (a) as follows:185
"(1) 'Commission' means the Georgia Government Transparency and Campaign Finance186
Commission State Ethics Commission created under Code Section 21-5-4."187
SECTION 10.188
Said title is further amended in Code Section 45-7-7, relating to compensation and189
allowances of certain officials not to be changed without giving public notice, by revising190
subsection (b) as follows:191
"(b) Subsection (a) of this Code section shall apply to the compensation and allowances192
of the commissioner of community affairs, the director of the Employees' Retirement193 23 LC 44 2305
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System of Georgia, the director of the State Forestry Commission, the director of the
194
Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices195
Commission, the commissioner of human services, the commissioner of economic196
development, the commissioner of natural resources, the commissioner of public safety,197
the chancellor of the University System of Georgia, the president or executive director of198
the Georgia Student Finance Commission, the executive director of the State Soil and199
Water Conservation Commission, the executive secretary-treasurer of the Teachers200
Retirement System of Georgia, the commissioner of transportation, and the executive201
director of the Georgia Government Transparency and Campaign Finance Commission
202
State Ethics Commission."203
SECTION 11.204
Said title is further amended in Code Section 45-10-26, relating to annual disclosure205
statements concerning business transactions with state and public records, by revising206
subsection (a) as follows:207
"(a) Except as provided in subsection (b) of this Code section, any public official or208
employee, whether for himself, herself, or on behalf of any business, or any business in209
which such public official or employee or any member of his or her family has a substantial210
interest who transacts business with the state or any agency thereof shall disclose such211
transactions. Such disclosure shall be submitted prior to January 31 each year to the212
Georgia Government Transparency and Campaign Finance Commission State Ethics213
Commission on such forms as it shall prescribe and shall include an itemized list of the214
previous year's transactions with the dollar amount of each transaction reported and totaled.215
Such disclosure statements shall be public records."216
SECTION 12.217
All laws and parts of laws in conflict with this Act are repealed.218