| 8 | 21 | | government transparency and campaign finance, so as to rename the Georgia Government2 |
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| 9 | 22 | | Transparency and Campaign Finance Commission as the State Ethics Commission; to3 |
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| 10 | 23 | | provide for civil penalties regarding disclosure reports; to provide for contribution amounts4 |
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| 11 | 24 | | and construction of same; to provide that certain judges shall not be required to file certain5 |
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| 12 | 25 | | affidavits; to remove provisions regarding contribution reports sent by United States mail;6 |
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| 13 | 26 | | to remove a provision regarding repayment of loans to campaign committees; to amend Code7 |
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| 14 | 27 | | Sections 36-62-5 and 37-2-6.1 and Title 45 of the Official Code of Georgia Annotated,8 |
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| 15 | 28 | | relating to development authority directors, officers, compensation, adoption of bylaws,9 |
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| 16 | 29 | | delegation of powers and duties, conflicts of interest, and audits, community service boards,10 |
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| 17 | 30 | | executive director, staff, budget, facilities, powers and duties, and exemption from state and11 |
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| 18 | 31 | | local taxation, and public officers and employees, respectively, so as to provide for12 |
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| 19 | 32 | | cross-references; to provide for related matters; to repeal conflicting laws; and for other13 |
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| 20 | 33 | | purposes.14 |
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| 29 | 44 | | Commission State Ethics Commission created under Code Section 21-5-4."21 |
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| 30 | 45 | | "(25) 'Staff attorney' means a licensed member of the Georgia Bar Association that is22 |
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| 31 | 46 | | employed by the Georgia Government Transparency and Campaign Finance Commission23 |
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| 32 | 47 | | State Ethics Commission."24 |
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| 33 | 48 | | SECTION 2.25 |
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| 34 | 49 | | Said chapter is further amended in Code Section 21-5-4, relating to Georgia Government26 |
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| 35 | 50 | | Transparency and Campaign Finance Commission, membership, officers, quorum, and27 |
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| 36 | 51 | | meetings, by revising subsection (a) as follows:28 |
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| 37 | 52 | | "(a) The Georgia Government Transparency and Campaign Finance Commission State29 |
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| 38 | 53 | | Ethics Commission shall be a successor to the State Ethics Commission Georgia30 |
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| 39 | 54 | | Government Transparency and Campaign Finance Commission, with such duties and31 |
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| 40 | 55 | | powers as are set forth in this chapter. As the successor commission, it shall have all the32 |
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| 41 | 56 | | powers and duties granted to the State Ethics Commission Georgia Government33 |
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| 42 | 57 | | Transparency and Campaign Finance Commission in all matters pending before the State34 |
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| 43 | 58 | | Ethics Commission Georgia Government Transparency and Campaign Finance35 |
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| 44 | 59 | | Commission and may continue to investigate, prosecute, and act upon all such matters."36 |
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| 45 | 60 | | SECTION 3.37 |
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| 46 | 61 | | Said chapter is further amended in Code Section 21-5-33, relating to disposition of38 |
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| 51 | 67 | | such candidate or such public officer that the contributions shall be spent in any of the41 |
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| 52 | 68 | | authorized manners upon the death of such candidate or such public officer; and, in the42 |
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| 53 | 69 | | absence of any such direction in the probated will of such candidate or such public43 |
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| 54 | 70 | | officer, the contributions shall be paid to the treasury of the state party with which such44 |
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| 55 | 71 | | candidate or such public officer was affiliated in such candidate's or such public officer's45 |
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| 56 | 72 | | last election or elective office after the payment of any expenses pursuant to subsection46 |
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| 57 | 73 | | (a) of this Code section. Notwithstanding any other provisions of this paragraph, the47 |
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| 58 | 74 | | personal representative or executor of the estate shall be allowed to use or pay out funds48 |
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| 60 | 77 | | of paragraph (1) of this subsection."50 |
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| 61 | 78 | | SECTION 4.51 |
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| 62 | 79 | | Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by52 |
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| 63 | 80 | | revising paragraphs (3) and (4) of subsection (a), subparagraph (c)(2)(C), and subsection (m)53 |
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| 64 | 81 | | as follows:54 |
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| 65 | 82 | | "(3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code55 |
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| 66 | 83 | | Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee56 |
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| 67 | 84 | | shall sign and file the required disclosure reports with the election superintendent in the57 |
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| 68 | 85 | | county of election. Upon receipt of any such report, the election superintendent shall58 |
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| 69 | 86 | | cause such report to be available for inspection and copying in accordance with Article59 |
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| 70 | 87 | | 4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each60 |
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| 71 | 88 | | such report to the commission, electronically by eFiling or eFax, not later than 30 days61 |
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| 72 | 89 | | after the end of the grace period. No fine, fee, or sanction, including but not limited to62 |
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| 73 | 90 | | identifying a candidate as having filed late or failed to file, shall be imposed by the63 |
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| 74 | 91 | | commission on a candidate for the failure of the election superintendent to timely64 |
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| 77 | 94 | | - 4 - |
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| 78 | 95 | | pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election66 |
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| 79 | 96 | | superintendent who fails to properly transmit a copy of each such report, upon finding67 |
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| 80 | 97 | | that said superintendent willfully failed to comply with the provisions of this chapter.68 |
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| 81 | 98 | | (4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code69 |
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| 82 | 99 | | Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee70 |
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| 83 | 100 | | shall sign and file the required disclosure reports with the municipal clerk in the71 |
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| 84 | 101 | | municipality of election or, if there is no clerk, with the chief executive officer of the72 |
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| 85 | 102 | | municipality; provided, however, that a municipality and a county may enter into an73 |
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| 86 | 103 | | agreement whereby such candidates, chairpersons, or treasurers shall file the required74 |
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| 87 | 104 | | disclosure reports with the county election superintendent instead. Upon receipt of any75 |
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| 88 | 105 | | such report, the municipal clerk, chief executive officer of the municipality, or county76 |
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| 89 | 106 | | election superintendent, as applicable, shall cause such report to be available for77 |
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| 90 | 107 | | inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The78 |
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| 91 | 108 | | municipal clerk, chief executive officer of the municipality, or county election79 |
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| 92 | 109 | | superintendent, as applicable, shall transmit a copy of each such report to the80 |
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| 93 | 110 | | commission, electronically by eFiling or eFax, not later than 30 days after the end of the81 |
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| 94 | 111 | | grace period. No fine, fee, or sanction, including but not limited to identifying a82 |
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| 95 | 112 | | candidate as having filed late or failed to file, shall be imposed by the commission on a83 |
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| 96 | 113 | | candidate for the failure of the municipal clerk, chief executive officer of the county, or84 |
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| 97 | 114 | | county election superintendent to timely transmit a copy of such report. The commission85 |
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| 98 | 115 | | is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code86 |
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| 99 | 116 | | Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county87 |
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| 100 | 117 | | election superintendent who fails to properly transmit a copy of each such report, upon88 |
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| 101 | 118 | | finding that said municipal clerk, chief executive officer of the county, or county election89 |
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| 102 | 119 | | superintendent willfully failed to comply with the provisions of this chapter."90 |
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| 103 | 120 | | "(C) During the period of time between the last report due prior to the date of any91 |
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| 110 | 129 | | contributions of $1,000.00 or more that are designated for the same actual election as96 |
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| 111 | 130 | | the one for which the individual is currently a candidate. Nothing in this Code section97 |
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| 112 | 131 | | shall be construed to require a contribution of $1,000.00 or more that is designated as98 |
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| 113 | 132 | | a general election contribution to be reported during the two business day report period99 |
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| 114 | 133 | | of a primary election;"100 |
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| 115 | 134 | | "(m) Except when electronic filing is required, the mailing of such reports by United States101 |
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| 116 | 135 | | mail with adequate postage affixed within the required filing time as determined by the102 |
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| 117 | 136 | | official United States postage date cancellation shall be prima-facie evidence of filing.103 |
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| 118 | 137 | | Any person or entity which is required to be registered under this Code section shall file104 |
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| 119 | 138 | | a termination statement together with its final campaign contribution disclosure report as105 |
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| 120 | 139 | | required by this Code section within ten days of the dissolution of a campaign or106 |
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| 121 | 140 | | committee. The termination statement shall identify the person responsible for maintaining107 |
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| 122 | 141 | | campaign records as required by this chapter."108 |
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| 123 | 142 | | SECTION 5.109 |
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| 124 | 143 | | Said chapter is further amended in Code Section 21-5-41, relating to maximum allowable110 |
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| 125 | 144 | | contributions, by revising subsection (h) as follows:111 |
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| 126 | 145 | | "(h) Any candidate or campaign committee who incurs loans on or after January 9, 2006,112 |
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| 127 | 146 | | in connection with the candidate's campaign for election shall not repay, directly or113 |
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| 128 | 147 | | indirectly, such loans from any contributions made to such candidate or any authorized114 |
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| 129 | 148 | | committee of such candidate after the date of the election for which the loan was made to115 |
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| 134 | 154 | | Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,118 |
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| 135 | 155 | | filing by candidates for public office, filing by elected officials and members of the General119 |
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| 136 | 156 | | Assembly, and electronic filing, by revising paragraph (2) of subsection (a) and120 |
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| 137 | 157 | | subsection (d) as follows:121 |
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| 138 | 158 | | "(2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined122 |
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| 139 | 159 | | in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to123 |
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| 140 | 160 | | file a financial disclosure statement pursuant to this Code section. Each such public124 |
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| 141 | 161 | | officer shall, however, be deemed to be a public official for purposes of Code125 |
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| 142 | 162 | | Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code126 |
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| 143 | 163 | | Section 45-10-26. In addition, each such public officer shall file with the commission,127 |
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| 144 | 164 | | prior to January 31 each year, an affidavit confirming that such public officer took no128 |
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| 145 | 165 | | official action in the previous calendar year that had a material effect on such public129 |
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| 147 | 168 | | as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously131 |
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| 148 | 169 | | filed or is subject to filing a financial disclosure statement with the commission pursuant132 |
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| 149 | 170 | | to this paragraph, and said financial disclosure statement covers the same calendar year133 |
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| 150 | 171 | | as would be covered by the affidavit required by this Code section, the public officer shall134 |
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| 151 | 172 | | be exempted from filing an affidavit. No retired judge or senior judge of any court of this135 |
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| 152 | 173 | | state shall be required to file an affidavit pursuant to this Code section."136 |
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| 153 | 174 | | "(d) All state-wide elected officials and members of the General Assembly shall file137 |
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| 154 | 175 | | financial disclosure statements electronically with the commission. Local officials referred138 |
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| 155 | 176 | | to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file139 |
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| 156 | 177 | | electronically if such method is made available or may file by certified mail, statutory140 |
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| 157 | 178 | | overnight delivery, or personal delivery. Except when electronic filing is required, the141 |
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| 160 | 181 | | - 7 - |
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| 161 | 182 | | postage affixed within the required filing time as determined by the official United States143 |
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| 162 | 183 | | postage date cancellation shall be prima-facie evidence of filing."144 |
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| 163 | 184 | | SECTION 7.145 |
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| 164 | 185 | | Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to development146 |
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| 165 | 186 | | authority directors, officers, compensation, adoption of bylaws, delegation of powers and147 |
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| 166 | 187 | | duties, conflicts of interest, and audits, is amended by revising paragraph (3) of148 |
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| 167 | 188 | | subsection (e) as follows:149 |
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| 168 | 189 | | "(3)(A) Concurrent jurisdiction to enforce this subsection is granted to the Georgia150 |
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| 169 | 190 | | Government Transparency and Campaign Finance Commission State Ethics151 |
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| 170 | 191 | | Commission created under Code Section 21-5-4.152 |
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| 171 | 192 | | (B) Upon formal charges being filed with an alternate enforcement authority provided153 |
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| 172 | 193 | | for in subparagraph (A) of this paragraph relative to a violation of this subsection on154 |
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| 173 | 194 | | the part of a member of any such development authority, the enforcement authority or155 |
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| 174 | 195 | | its designated agent shall conduct a hearing for the purpose of receiving evidence156 |
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| 175 | 196 | | relative to the merits of such charges. The development authority member so charged157 |
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| 176 | 197 | | shall be given at least 30 days' notice prior to such hearing. If such charges are found158 |
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| 177 | 198 | | to be true, the enforcement authority shall forthwith remove such member from office159 |
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| 178 | 199 | | and the vacancy shall be filled as provided by law. Such hearing shall be held in160 |
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| 179 | 200 | | accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'161 |
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| 180 | 201 | | and judicial review of any such decision shall be in accordance with such chapter.162 |
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| 181 | 202 | | (C) The Georgia Government Transparency and Campaign Finance Commission State163 |
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| 182 | 203 | | Ethics Commission is vested with the same powers with respect to this Code section as164 |
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| 187 | 209 | | Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to community167 |
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| 188 | 210 | | service boards, executive director, staff, budget, facilities, powers and duties, and exemption168 |
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| 189 | 211 | | from state and local taxation, is amended by revising paragraph (2) of subsection (a) as169 |
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| 190 | 212 | | follows:170 |
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| 191 | 213 | | "(2) The executive director or any full-time or part-time employee of a community171 |
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| 192 | 214 | | service board shall have a responsibility to avoid any conflict of interest in a manner that172 |
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| 193 | 215 | | is consistent with the declarations found in Code Section 45-10-21. Such employees shall173 |
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| 194 | 216 | | not transact any business with that community service board as prohibited in Code174 |
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| 195 | 217 | | Section 45-10-23 unless any such transaction falls under the exceptions granted in Code175 |
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| 196 | 218 | | Section 45-10-25. Transactions that fall under such exceptions shall be disclosed to the176 |
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| 197 | 219 | | governing board of the community service board in the manner as such governing board177 |
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| 199 | 222 | | Finance Commission State Ethics Commission as prescribed in Code Section 45-10-26.179 |
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| 200 | 223 | | The governing board of the community service board shall promulgate policies and180 |
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| 201 | 224 | | procedures governing executive director and employee conflicts of interest and establish181 |
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| 202 | 225 | | a code of ethics for the executive director and employees of the community service182 |
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| 203 | 226 | | board."183 |
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| 204 | 227 | | SECTION 9.184 |
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| 205 | 228 | | Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,185 |
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| 206 | 229 | | is amended in Code Section 45-1-6, relating to gifts to employees by vendors, disclosure, and186 |
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| 207 | 230 | | reports, by revising paragraph (1) of subsection (a) as follows:187 |
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| 208 | 231 | | "(1) 'Commission' means the Georgia Government Transparency and Campaign Finance188 |
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| 213 | 237 | | Said title is further amended in Code Section 45-7-7, relating to compensation and191 |
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| 214 | 238 | | allowances of certain officials not to be changed without giving public notice, by revising192 |
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| 215 | 239 | | subsection (b) as follows:193 |
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| 216 | 240 | | "(b) Subsection (a) of this Code section shall apply to the compensation and allowances194 |
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| 217 | 241 | | of the commissioner of community affairs, the director of the Employees' Retirement195 |
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| 218 | 242 | | System of Georgia, the director of the State Forestry Commission, the director of the196 |
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| 219 | 243 | | Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices197 |
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| 220 | 244 | | Commission, the commissioner of human services, the commissioner of economic198 |
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| 221 | 245 | | development, the commissioner of natural resources, the commissioner of public safety,199 |
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| 222 | 246 | | the chancellor of the University System of Georgia, the president or executive director of200 |
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| 223 | 247 | | the Georgia Student Finance Commission, the executive director of the State Soil and201 |
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| 224 | 248 | | Water Conservation Commission, the executive secretary-treasurer of the Teachers202 |
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| 225 | 249 | | Retirement System of Georgia, the commissioner of transportation, and the executive203 |
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| 227 | 252 | | State Ethics Commission."205 |
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| 228 | 253 | | SECTION 11.206 |
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| 229 | 254 | | Said title is further amended in Code Section 45-10-26, relating to annual disclosure207 |
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| 230 | 255 | | statements concerning business transactions with state and public records, by revising208 |
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| 231 | 256 | | subsection (a) as follows:209 |
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| 232 | 257 | | "(a) Except as provided in subsection (b) of this Code section, any public official or210 |
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| 233 | 258 | | employee, whether for himself, herself, or on behalf of any business, or any business in211 |
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| 234 | 259 | | which such public official or employee or any member of his or her family has a substantial212 |
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| 235 | 260 | | interest who transacts business with the state or any agency thereof shall disclose such213 |
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| 236 | 261 | | transactions. Such disclosure shall be submitted prior to January 31 each year to the214 |
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