Georgia 2023-2024 Regular Session

Georgia Senate Bill SB276 Latest Draft

Bill / Introduced Version Filed 02/28/2023

                            23 LC 28 0578
S. B. 276
- 1 -
Senate Bill 276
By: Senators Esteves of the 6
th
, McLaurin of the 14
th
, Islam of the 7
th
, Jackson of the 41
st
,
Merritt of the 9
th
 and others 
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated,
1
relating to campaign contributions, so as to abolish leadership committees; to provide for the2
distribution of funds from existing committees; to provide for certain reports; to provide for3
related matters; to provide for an effective date and applicability; to repeal conflicting laws;4
and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to8
campaign contributions, is amended by revising Code Section 21-5-34.2, relating to9
leadership committee defined, operation, and separate from campaign committees, as10
follows:11
"21-5-34.2.12
(a)  As used in this Code section, the term 'leadership committee' means a committee,13
corporation, or organization chaired by the Governor, the Lieutenant Governor, the14
nominee of a political party for Governor selected in a primary election in the year in15
which he or she is nominated, or the nominee of a political party for Lieutenant Governor16
selected in a primary election in the year in which he or she is nominated.  Such term shall17 23 LC 28 0578
S. B. 276
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also mean up to two political action committees designated by the majority caucus of the
18
House of Representatives, the minority caucus of the House of Representatives, the19
majority caucus of the Senate, and the minority caucus of the Senate.  No person may chair
20
more than one leadership committee.21
(b)  A Each leadership committee may receive contributions from persons who are22
members or supporters of the leadership committee and expend such funds as permitted by23
this Code section existing on July 1, 2023, shall be abolished except for the purpose of24
filing the reports required by this Code section.  Not later than June 30, 2023, all funds held25
by such leadership committee shall be distributed by the committee to:26
(1)  Any charitable organization described in 26 U.S.C. 1709(c) as such federal statute27
existed on March 1, 1986, which shall additionally include educational, eleemosynary,28
and nonprofit organizations, subject to the limitations provided in paragraph (2) of29
subsection (b) of Code Section 21-5-33;30
(2)  Any national, state, or local committee of any political party; or31
(3)  Any person who contributed to such leadership committee, not to exceed the total32
cumulative amount contributed by each such transferee.33
(c)  If a person chairing a leadership committee ceases to hold the office or the status as a34
nominee of a political party as described in subsection (a) of this Code section, such person35
shall transfer the remaining assets of the leadership committee, if any, to another leadership36
committee within 60 days, name an eligible person as the new chairperson of the leadership37
committee within 60 days, or dispose of the leadership committee's assets as provided by38
Code Section 21-5-33.39
(d)  A leadership committee may accept contributions or make expenditures for the purpose40
of affecting the outcome of any election or advocating for the election or defeat of any41
candidate, may defray ordinary and necessary expenses incurred in connection with any42
candidate's campaign for elective office, and may defray ordinary and necessary expenses43
incurred in connection with a public officer's fulfillment or retention of such office.44 23 LC 28 0578
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(e)(c) A Any leadership committee which accepts contributions or makes expenditures in45
excess of $500.00 shall register with the commission within ten days of such accepted46
contribution or such expenditure and, thereafter, shall file disclosure reports pursuant to the47
schedule defined for candidates and campaign committees in subsection (c) of Code48
Section 21-5-34.  Such disclosure reports shall be made pursuant to subsection (b) of Code49
Section 21-5-34.  The contribution limits in Code Section 21-5-41 shall not apply to50
contributions to a leadership committee or expenditures made by a leadership committee51
in support of a candidate or a group of named candidates.  All communications paid for by52
expenditures of the leadership committee shall contain a disclaimer, either audibly or in53
writing, that the communication is paid for by the leadership committee, unless such54
disclaimer is impractical.55
(f)  A leadership committee shall be a separate legal entity from a candidate's campaign56
committee and shall not be considered an independent committee."57
SECTION 2.58
This Act shall become effective upon its approval by the Governor or upon its becoming law59
without such approval.  It is the intent of the General Assembly that this Act shall not affect60
the prosecution, whether criminal or administrative, of any conduct under the previous law61
while such law was effective and shall not abate any prosecutions or administrative62
proceedings thereunder.63
SECTION 3.64
All laws and parts of laws in conflict with this Act are repealed.65