GA
Georgia Senate Bill SB368

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB368 Compare Versions

OldNewDifferences
1-24 SB 368/AP
1+24 LC 47 2872S (SCS)
22 Senate Bill 368
33 By: Senators Williams of the 25th, Burns of the 23rd, Dolezal of the 27th, Robertson of the
44 29th, Strickland of the 17th and others
5-AS PASSED
5+AS PASSED SENATE
66 A BILL TO BE ENTITLED
77 AN ACT
88 To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to
99 1
1010 government transparency and campaign finance, so as to prohibit foreign nationals from2
1111 contributing to candidates or campaign, independent, or political action committees; to3
1212 prohibit candidates and campaign, independent, and political action committees from4
1313 accepting contributions from foreign nationals; to provide for definitions; to require agents5
1414 of foreign principals to register with the State Ethics Commissioner; to provide for6
1515 registration requirements; to require agents of foreign principals to disclose to government7
1616 agencies and the General Assembly when such agents are advocating on behalf of a foreign8
1717 principal; to provide for related matters; to repeal conflicting laws; and for other purposes.9
1818 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
1919 SECTION 1.11
2020 Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government12
2121 transparency and campaign finance, is amended in Code Section 21-5-3, relating to13
2222 definitions, by adding a new paragraph to read as follows:14
2323 "(13.1) 'Foreign national' means an individual who:
2424 15
2525 (A) Is not a citizen of the United States; or16
2626 S. B. 368
27-- 1 - 24 SB 368/AP
27+- 1 - 24 LC 47 2872S (SCS)
2828 (B) Is a national of the United States who is not lawfully admitted for permanent17
2929 residence as provided for by federal law."18
3030 SECTION 2.19
3131 Said chapter is further amended by revising Code Section 21-5-31, which is currently20
3232 reserved, as follows:21
3333 "21-5-31.22
3434 (a) No foreign national shall make a contribution to a candidate, campaign committee,23
3535 independent committee, or political action committee.24
3636 (b) No candidate, campaign committee, independent committee, or political action25
3737 committee shall knowingly accept any contributions from foreign nationals Reserved."26
3838 SECTION 3.27
3939 Said chapter is further amended in Code Section 21-5-70, relating to definitions, by adding28
4040 new paragraphs to read as follows:29
4141 "(.1) 'Agent of a foreign principal' means:30
4242 (A) Any person who acts as an agent, representative, employee, or servant, or any31
4343 person who acts in any other capacity at the order, request, or under the direction or32
4444 control of a foreign principal or of a person any of whose activities are directly or33
4545 indirectly supervised, directed, controlled, financed, or subsidized in whole or in major34
4646 part by a foreign principal, and who directly or through any other person:35
4747 (i) Engages within the State of Georgia in political activities for or in the interests of36
4848 such foreign principal;37
4949 (ii) Acts within the State of Georgia as a public relations counsel, publicity agent,38
5050 information-service employee or political consultant for or in the interests of such39
5151 foreign principal;40
5252 S. B. 368
53-- 2 - 24 SB 368/AP
53+- 2 - 24 LC 47 2872S (SCS)
5454 (iii) Within the State of Georgia solicits, collects, disburses, or dispenses41
5555 contributions, loans, money, or other things of value for or in the interest of such42
5656 foreign principal; or43
5757 (iv) Within the State of Georgia represents the interests of such foreign principal44
5858 before any agency or official of the State of Georgia or any political subdivision45
5959 thereof; and46
6060 (B) Any person who agrees, consents, assumes or purports to act as, or who is or holds47
6161 himself or herself out to be, whether or not pursuant to contractual relationship, an48
6262 agent of a foreign principal as defined in subparagraph (A) of this paragraph,49
6363 provided, however, that such term shall not include any news or press service or50
6464 association organized under the laws of the United States or of any state or other place51
6565 subject to the jurisdiction of the United States, or any newspaper, magazine, periodical, or52
6666 other publication for which there is on file with the United States Postal Service53
6767 information in compliance with 39 U.S.C. Section 3685 published in the United States,54
6868 solely by virtue of any bona fide news or journalistic activities, including the solicitation55
6969 or acceptance of advertisements, subscriptions, or other compensation therefor, so long as56
7070 it is at least 80% beneficially owned by, and its officers and directors, if any, are citizens57
7171 of the United States, and such news or press service or association, newspaper, magazine,58
7272 periodical, or other publication is not owned, directed, supervised, controlled, subsidized,59
7373 or financed, and none of its policies are determined by any foreign principal or by any60
7474 agent of a foreign principal required to register under Code Section 21-5-77."61
7575 "(2.1) 'Foreign political party' means any organization or any other combination of62
7676 individuals in a country other than the United States, or any unit or branch thereof, having63
7777 for an aim or purpose, or which is engaged in any activity devoted in whole or in part to,64
7878 the establishment, administration, control, or acquisition of administration or control, of65
7979 a government of a foreign country or a subdivision thereof, or the furtherance or66
8080 S. B. 368
81-- 3 - 24 SB 368/AP
81+- 3 - 24 LC 47 2872S (SCS)
8282 influencing of the political or public interests, policies, or relations of a government of67
8383 a foreign country or a subdivision thereof.68
8484 (2.2) 'Foreign principal' means:69
8585 (A) A government of a foreign country and a foreign political party;70
8686 (B) A person outside of the United States, unless it is established that such person is71
8787 an individual and a citizen of and domiciled within the United States, or that such72
8888 person is not an individual and is organized under or created by the laws of the United73
8989 States or of any State or other place subject to the jurisdiction of the United States and74
9090 has its principal place of business within the United States; and75
9191 (C) A partnership, association, corporation, organization, or other combination of76
9292 persons organized under the laws of or having its principal place of business in a77
9393 foreign country.78
9494 (2.3) 'Government of a foreign country' means any person or group of persons exercising79
9595 sovereign de facto or de jure political jurisdiction over any country, other than the United80
9696 States, or over any part of such country, and includes any subdivision of any such group81
9797 and any group or agency to which such sovereign de facto or de jure authority or82
9898 functions are directly or indirectly delegated. Such term shall include any faction or body83
9999 of insurgents within a country assuming to exercise governmental authority whether such84
100100 faction or body of insurgents has or has not been recognized by the United States."85
101101 SECTION 4.86
102102 Said chapter is further amended by adding two new Code sections to read as follows:87
103103 "21-5-77.88
104104 (a) No person shall act as an agent of a foreign principal unless he or she has filed with the89
105105 commission a true and complete registration statement and supplements thereto as required90
106106 by this Code section or unless he or she is exempt from registration under the provisions91
107107 of this Code section. Except as hereinafter provided, every person who becomes an agent92
108108 S. B. 368
109-- 4 - 24 SB 368/AP
109+- 4 - 24 LC 47 2872S (SCS)
110110 of a foreign principal shall, within ten days thereafter, file with the commissioner a93
111111 registration statement, under oath, on a form prescribed by the commission. The obligation94
112112 of an agent of a foreign principal to file a registration statement shall, after the tenth day95
113113 of his becoming such agent, continue from day to day, and termination of such status shall96
114114 not relieve such agent from his obligation to file a registration statement for the period97
115115 during which he was an agent of a foreign principal. The registration statement shall98
116116 include the following, which shall be regarded as material for the purposes of this Code99
117117 section:100
118118 (1) Registrant's name, principal business address, and all other business addresses in the101
119119 United States or elsewhere, and all residence addresses, if any;102
120120 (2) Status of the registrant:103
121121 (A) If an individual, his or her nationality;104
122122 (B) If a partnership, the name, residence addresses, and nationality of each partner, as105
123123 well as a true and complete copy of its articles of copartnership; and106
124124 (C) If an association, corporation, organization, or any other combination of individual,107
125125 the name, residence addresses, and nationality of each director and officer and of each108
126126 person performing the functions of a director or officer and a true and complete copy109
127127 of its charter, articles of incorporation, association, constitution, and bylaws, and110
128128 amendments thereto; a copy of every other instrument or document and a statement of111
129129 the terms and conditions of every oral agreement relating to its organization, powers,112
130130 and purposes; and a statement of its ownership and control;113
131131 (3) A comprehensive statement of the nature of registrant's business, including a 114
132132 complete list of registrant's employees;115
133133 (4) A statement of the nature of the work of each foreign principal for whom the116
134134 registrant is acting, assuming or purporting to act or has agreed to act, the character of the117
135135 business or other activities of every such foreign principal. If any such foreign principal118
136136 be other than a natural person, such statement shall also detail the ownership and control119
137137 S. B. 368
138-- 5 - 24 SB 368/AP
138+- 5 - 24 LC 47 2872S (SCS)
139139 to which each such foreign principal is supervised, directed, owned, controlled, financed,120
140140 or subsidized, in whole or in part, by any government of a foreign country or foreign121
141141 political party, or by any other foreign principal;122
142142 (5) The nature and amount of contributions, income, money, or thing of value, if any,123
143143 that the registrant has received within the preceding 60 days from each such foreign124
144144 principal, either as compensation or for disbursement or otherwise, and the form and time125
145145 of each such payment and from whom received;126
146146 (6) A detailed statement of every activity which the registrant is performing or is127
147147 assuming or purporting or has agreed to perform for himself or herself or any other128
148148 person other than a foreign principal and which requires his registration hereunder;129
149149 (7) The name, business, and residence addresses, and if an individual, the nationality, of130
150150 any person other than a foreign principal for whom the registrant is acting, assuming or131
151151 purporting to act or has agreed to act under such circumstances as require his or her132
152152 registration hereunder;133
153153 (8) The nature and amount of contributions, income, money, or thing of value, if any,134
154154 that the registrant has received during the preceding 60 days from each such person in135
155155 connection with any of the activities referred to in paragraph (6) of this subsection;136
156156 (9) A detailed statement of the money and other things of value spent or disposed of by137
157157 the registrant during the preceding 60 days in furtherance of or in connection with138
158158 activities which require the registrant's registration hereunder and which have been139
159159 undertaken by the registrant either as an agent of a foreign principal or for himself or140
160160 herself or any other person or in connection with any activities relating to the registrant141
161161 becoming an agent of such principal;142
162162 (10) A detailed statement of any contributions of money or other things of value made143
163163 by the registrant during the preceding 60 days to bring about the nomination or election144
164164 of a candidate for any office, to bring about the recall of a public officer holding elective145
165165 office, to oppose the recall of a public officer holding elective office, to bring about the146
166166 S. B. 368
167-- 6 - 24 SB 368/AP
167+- 6 - 24 LC 47 2872S (SCS)
168168 approval or rejection by the voters of any proposed constitutional amendment, a147
169169 state-wide referendum, or a proposed question which is to appear on the ballot in this148
170170 state or in a county or a municipal election in this state; and149
171171 (11) Such other statements, information, or documents pertinent to the purposes of this150
172172 Code section as the commission may from time to time require.151
173173 (b) Every agent of a foreign principal who has filed a registration statement required by152
174174 subsection (a) of this Code section shall, within 30 days after the expiration of each153
175175 six-month period succeeding such filing, file with the commission a supplement thereto,154
176176 under oath, on a form prescribed by the commission, which shall set forth with respect to155
177177 such preceding six-month period such facts as the commission may deem necessary to156
178178 make the information required under subsection (a) of this Code section accurate,157
179179 complete, and current with respect to such period.158
180180 (c) The registration statement shall be executed under oath as follows:159
181181 (1) If the registrant is an individual, by him or her;160
182182 (2) If the registrant is a partnership, by the majority of the members thereof; and161
183183 (3) If the registrant is a person other than an individual or a partnership, by a majority162
184184 of the officers thereof or persons performing the functions of officers or by a majority of163
185185 the board of directors thereof or persons performing the functions of directors, if any.164
186186 (d) A registration statement or supplement required to be filed under this Code section165
187187 shall be filed in electronic form, in addition to any other form that may be required by the166
188188 commission.167
189189 21-5-78.168
190190 Whenever any agent of a foreign principal required to register under Code Section 21-5-77169
191191 appears before any elected official, agency, as such term is defined in Code Section170
192192 50-14-1, officer, official, or employees of an agency, or a committee of General Assembly,171
193193 to advocate, lobby, or testify for or in the interests of such foreign principal, such agent172
194194 S. B. 368
195-- 7 - 24 SB 368/AP
195+- 7 - 24 LC 47 2872S (SCS)
196196 shall, at the time of such appearance, affirmatively state that he or she is acting as an agent173
197197 of a foreign principal and disclose the identify of such foreign principal."174
198198 SECTION 5.175
199199 All laws and parts of laws in conflict with this Act are repealed.176
200200 S. B. 368
201201 - 8 -