23 LC 44 2335S
H. B. 572 (SUB)
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The House Committee on Judiciary offers the following substitute to HB 572:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1
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 provide that certain judges shall not be required to file certain5
affidavits; to remove provisions regarding contribution reports sent by United States mail;6
to remove a provision regarding repayment of loans to campaign committees; to amend Code7
Sections 36-62-5 and 37-2-6.1 and Title 45 of the Official Code of Georgia Annotated,8
relating to development authority directors, officers, compensation, adoption of bylaws,9
delegation of powers and duties, conflicts of interest, and audits, community service boards,10
executive director, staff, budget, facilities, powers and duties, and exemption from state and11
local taxation, and public officers and employees, respectively, so as to provide for12
cross-references; to provide for related matters; to repeal conflicting laws; and for other13
purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 23 LC 44 2335S
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SECTION 1.16
Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government17
transparency and campaign finance, is amended in Code Section 21-5-3, relating to18
definitions, by revising paragraphs (5) and (25) as follows:19
"(5) 'Commission' means the Georgia Government Transparency and Campaign Finance20
Commission State Ethics Commission created under Code Section 21-5-4."21
"(25) 'Staff attorney' means a licensed member of the Georgia Bar Association that is22
employed by the Georgia Government Transparency and Campaign Finance Commission23
State Ethics Commission."24
SECTION 2.25
Said chapter is further amended in Code Section 21-5-4, relating to Georgia Government26
Transparency and Campaign Finance Commission, membership, officers, quorum, and27
meetings, by revising subsection (a) as follows:28
"(a) The Georgia Government Transparency and Campaign Finance Commission State29
Ethics Commission shall be a successor to the State Ethics Commission Georgia30
Government Transparency and Campaign Finance Commission, with such duties and31
powers as are set forth in this chapter. As the successor commission, it shall have all the32
powers and duties granted to the State Ethics Commission Georgia Government33
Transparency and Campaign Finance Commission in all matters pending before the State34
Ethics Commission Georgia Government Transparency and Campaign Finance35
Commission and may continue to investigate, prosecute, and act upon all such matters."36
SECTION 3.37
Said chapter is further amended in Code Section 21-5-33, relating to disposition of38
contributions, by revising paragraph (3) of subsection (b) as follows:39 23 LC 44 2335S
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"(3) Any candidate or public officer holding elective office may provide in the will of40
such candidate or such public officer that the contributions shall be spent in any of the41
authorized manners upon the death of such candidate or such public officer; and, in the42
absence of any such direction in the probated will of such candidate or such public43
officer, the contributions shall be paid to the treasury of the state party with which such44
candidate or such public officer was affiliated in such candidate's or such public officer's45
last election or elective office after the payment of any expenses pursuant to subsection46
(a) of this Code section. Notwithstanding any other provisions of this paragraph, the47
personal representative or executor of the estate shall be allowed to use or pay out funds48
in the campaign account in any manner authorized in subparagraphs (A) through (E) (F)49
of paragraph (1) of this subsection."50
SECTION 4.51
Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by52
revising paragraphs (3) and (4) of subsection (a), subparagraph (c)(2)(C), and subsection (m)53
as follows:54
"(3) A candidate for a public office listed in subparagraph (F) of paragraph (22) of Code55
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee56
shall sign and file the required disclosure reports with the election superintendent in the57
county of election. Upon receipt of any such report, the election superintendent shall58
cause such report to be available for inspection and copying in accordance with Article59
4 of Chapter 18 of Title 50. The election superintendent shall transmit a copy of each60
such report to the commission, electronically by eFiling or eFax, not later than 30 days61
after the end of the grace period. No fine, fee, or sanction, including but not limited to62
identifying a candidate as having filed late or failed to file, shall be imposed by the63
commission on a candidate for the failure of the election superintendent to timely64
transmit a copy of such report. The commission is authorized to impose civil penalties65 23 LC 44 2335S
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pursuant to subparagraph (b)(14)(C) of Code Section 21-5-6 against an election66
superintendent who fails to properly transmit a copy of each such report, upon finding67
that said superintendent willfully failed to comply with the provisions of this chapter.68
(4) A candidate for a public office listed in subparagraph (G) of paragraph (22) of Code69
Section 21-5-3 or the chairperson or treasurer of such candidate's campaign committee70
shall sign and file the required disclosure reports with the municipal clerk in the71
municipality of election or, if there is no clerk, with the chief executive officer of the72
municipality; provided, however, that a municipality and a county may enter into an73
agreement whereby such candidates, chairpersons, or treasurers shall file the required74
disclosure reports with the county election superintendent instead. Upon receipt of any75
such report, the municipal clerk, chief executive officer of the municipality, or county76
election superintendent, as applicable, shall cause such report to be available for77
inspection and copying in accordance with Article 4 of Chapter 18 of Title 50. The78
municipal clerk, chief executive officer of the municipality, or county election79
superintendent, as applicable, shall transmit a copy of each such report to the80
commission, electronically by eFiling or eFax, not later than 30 days after the end of the81
grace period. No fine, fee, or sanction, including but not limited to identifying a82
candidate as having filed late or failed to file, shall be imposed by the commission on a83
candidate for the failure of the municipal clerk, chief executive officer of the county, or84
county election superintendent to timely transmit a copy of such report. The commission85
is authorized to impose civil penalties pursuant to subparagraph (b)(14)(C) of Code86
Section 21-5-6 against a municipal clerk, chief executive officer of the county, or county87
election superintendent who fails to properly transmit a copy of each such report, upon88
finding that said municipal clerk, chief executive officer of the county, or county election89
superintendent willfully failed to comply with the provisions of this chapter."90
"(C) During the period of time between the last report due prior to the date of any91
election for which the candidate is qualified and the date of such election, all92 23 LC 44 2335S
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contributions of $1,000.00 or more shall be reported within two business days of receipt93
and also reported on the next succeeding regularly scheduled campaign contribution94
disclosure report; provided, however, that this subparagraph shall only apply to95
contributions of $1,000.00 or more that are designated for the same actual election as96
the one for which the individual is currently a candidate. Nothing in this Code section97
shall be construed to require a contribution of $1,000.00 or more that is designated as98
a general election contribution to be reported during the two business day report period99
of a primary election;"100
"(m) Except when electronic filing is required, the mailing of such reports by United States101
mail with adequate postage affixed within the required filing time as determined by the102
official United States postage date cancellation shall be prima-facie evidence of filing.103
Any person or entity which is required to be registered under this Code section shall file104
a termination statement together with its final campaign contribution disclosure report as105
required by this Code section within ten days of the dissolution of a campaign or106
committee. The termination statement shall identify the person responsible for maintaining107
campaign records as required by this chapter."108
SECTION 5.109
Said chapter is further amended in Code Section 21-5-41, relating to maximum allowable110
contributions, by revising subsection (h) as follows:111
"(h) Any candidate or campaign committee who incurs loans on or after January 9, 2006,112
in connection with the candidate's campaign for election shall not repay, directly or113
indirectly, such loans from any contributions made to such candidate or any authorized114
committee of such candidate after the date of the election for which the loan was made to115
the extent that such loans exceed $250,000.00. Reserved."116 23 LC 44 2335S
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SECTION 6.117
Said chapter is further amended in Code Section 21-5-50, relating to filing by public officers,118
filing by candidates for public office, filing by elected officials and members of the General119
Assembly, and electronic filing, by revising paragraph (2) of subsection (a) and120
subsection (d) as follows:121
"(2) Except as set forth in paragraph (3) of this subsection, a public officer, as defined122
in subparagraph (E) of paragraph (22) of Code Section 21-5-3, shall not be required to123
file a financial disclosure statement pursuant to this Code section. Each such public124
officer shall, however, be deemed to be a public official for purposes of Code125
Section 45-10-26 and shall be subject to the disclosure requirements set forth in Code126
Section 45-10-26. In addition, each such public officer shall file with the commission,127
prior to January 31 each year, an affidavit confirming that such public officer took no128
official action in the previous calendar year that had a material effect on such public129
officer's private financial or business interests; provided, however, that, if a public officer130
as defined in subparagraph (E) of paragraph (22) of Code Section 21-5-3 has previously131
filed or is subject to filing a financial disclosure statement with the commission pursuant132
to this paragraph, and said financial disclosure statement covers the same calendar year133
as would be covered by the affidavit required by this Code section, the public officer shall134
be exempted from filing an affidavit. No retired judge or senior judge of any court of this135
state shall be required to file an affidavit pursuant to this Code section."136
"(d) All state-wide elected officials and members of the General Assembly shall file137
financial disclosure statements electronically with the commission. Local officials referred138
to in subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3 may file139
electronically if such method is made available or may file by certified mail, statutory140
overnight delivery, or personal delivery. Except when electronic filing is required, the141
mailing of the notarized financial disclosure statement by United States mail with adequate142 23 LC 44 2335S
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postage affixed within the required filing time as determined by the official United States143
postage date cancellation shall be prima-facie evidence of filing."144
SECTION 7.145
Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to development146
authority directors, officers, compensation, adoption of bylaws, delegation of powers and147
duties, conflicts of interest, and audits, is amended by revising paragraph (3) of148
subsection (e) as follows:149
"(3)(A) Concurrent jurisdiction to enforce this subsection is granted to the Georgia150
Government Transparency and Campaign Finance Commission State Ethics151
Commission created under Code Section 21-5-4.152
(B) Upon formal charges being filed with an alternate enforcement authority provided153
for in subparagraph (A) of this paragraph relative to a violation of this subsection on154
the part of a member of any such development authority, the enforcement authority or155
its designated agent shall conduct a hearing for the purpose of receiving evidence156
relative to the merits of such charges. The development authority member so charged157
shall be given at least 30 days' notice prior to such hearing. If such charges are found158
to be true, the enforcement authority shall forthwith remove such member from office159
and the vacancy shall be filled as provided by law. Such hearing shall be held in160
accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'161
and judicial review of any such decision shall be in accordance with such chapter.162
(C) The Georgia Government Transparency and Campaign Finance Commission State163
Ethics Commission is vested with the same powers with respect to this Code section as164
enumerated in Code Section 21-5-6."165 23 LC 44 2335S
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SECTION 8.166
Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to community167
service boards, executive director, staff, budget, facilities, powers and duties, and exemption168
from state and local taxation, is amended by revising paragraph (2) of subsection (a) as169
follows:170
"(2) The executive director or any full-time or part-time employee of a community171
service board shall have a responsibility to avoid any conflict of interest in a manner that172
is consistent with the declarations found in Code Section 45-10-21. Such employees shall173
not transact any business with that community service board as prohibited in Code174
Section 45-10-23 unless any such transaction falls under the exceptions granted in Code175
Section 45-10-25. Transactions that fall under such exceptions shall be disclosed to the176
governing board of the community service board in the manner as such governing board177
shall determine and yearly to the Georgia Government Transparency and Campaign178
Finance Commission State Ethics Commission as prescribed in Code Section 45-10-26.179
The governing board of the community service board shall promulgate policies and180
procedures governing executive director and employee conflicts of interest and establish181
a code of ethics for the executive director and employees of the community service182
board."183
SECTION 9.184
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,185
is amended in Code Section 45-1-6, relating to gifts to employees by vendors, disclosure, and186
reports, by revising paragraph (1) of subsection (a) as follows:187
"(1) 'Commission' means the Georgia Government Transparency and Campaign Finance188
Commission State Ethics Commission created under Code Section 21-5-4."189 23 LC 44 2335S
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SECTION 10.190
Said title is further amended in Code Section 45-7-7, relating to compensation and191
allowances of certain officials not to be changed without giving public notice, by revising192
subsection (b) as follows:193
"(b) Subsection (a) of this Code section shall apply to the compensation and allowances194
of the commissioner of community affairs, the director of the Employees' Retirement195
System of Georgia, the director of the State Forestry Commission, the director of the196
Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices197
Commission, the commissioner of human services, the commissioner of economic198
development, the commissioner of natural resources, the commissioner of public safety,199
the chancellor of the University System of Georgia, the president or executive director of200
the Georgia Student Finance Commission, the executive director of the State Soil and201
Water Conservation Commission, the executive secretary-treasurer of the Teachers202
Retirement System of Georgia, the commissioner of transportation, and the executive203
director of the Georgia Government Transparency and Campaign Finance Commission204
State Ethics Commission."205
SECTION 11.206
Said title is further amended in Code Section 45-10-26, relating to annual disclosure207
statements concerning business transactions with state and public records, by revising208
subsection (a) as follows:209
"(a) Except as provided in subsection (b) of this Code section, any public official or210
employee, whether for himself, herself, or on behalf of any business, or any business in211
which such public official or employee or any member of his or her family has a substantial212
interest who transacts business with the state or any agency thereof shall disclose such213
transactions. Such disclosure shall be submitted prior to January 31 each year to the214
Georgia Government Transparency and Campaign Finance Commission State Ethics215 23 LC 44 2335S
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Commission on such forms as it shall prescribe and shall include an itemized list of the216
previous year's transactions with the dollar amount of each transaction reported and totaled.217
Such disclosure statements shall be public records."218
SECTION 12.219
All laws and parts of laws in conflict with this Act are repealed.220