Georgia 2025-2026 Regular Session

Georgia House Bill HB414 Compare Versions

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11 25 LC 47 3421S
2-House Bill 414 (COMMITTEE SUBSTITUTE)
3-By: Representatives Jones of the 25
4-th
5-, DeLoach of the 167
6-th
7-, Gunter of the 8
8-th
9-, Scoggins of
10-the 14
11-th
12-, and Holcomb of the 101
13-st
14-
2+The House Committee on Governmental Affairs offers the following substitute to HB 414:
153 A BILL TO BE ENTITLED
164 AN ACT
17-To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to
18-1
5+To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1
196 government transparency and campaign finance, so as to revise the definition of "person" to2
207 include certain nonresidents of the state; to provide the State Ethics Commission with3
218 supplementary investigatory powers related to persons, documents, or information located4
229 outside of the state; to revise venue provisions to address out-of-state persons; to provide for5
2310 related matters; to repeal conflicting laws; and for other purposes.6
2411 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
2512 SECTION 1.8
2613 Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government9
2714 transparency and campaign finance, is amended in Code Section 21-5-3, relating to10
2815 definitions, by revising paragraph (19) as follows:11
2916 "(19) 'Person' means an individual, partnership, committee, association, corporation,12
3017 limited liability company, limited liability partnership, trust, professional corporation, or13
31-other business entity recognized in the State of Georgia
32-, labor organization, or any other14
18+other business entity recognized in the State of Georgia, labor organization, or any other14
3319 organization or group of persons, and shall include a 'nonresident' as that term is defined15
3420 H. B. 414 (SUB)
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3622 in Code Section 9-10-90 who commits an act or omission or transacts business within the16
3723 state which if performed by a resident of this state would be subject to this chapter."17
3824 SECTION 2.18
3925 Said chapter is further amended in Code Section 21-5-6, relating to powers and duties of the19
4026 State Ethics Commission, by adding a new subsection to read as follows:20
4127 "(c)(1) Supplemental to any investigatory or enforcement powers provided to the21
4228 commission in this chapter, if a matter or person that the commission seeks to obtain22
4329 documentation or information from is located outside the state, the commission may23
4430 request the person with such documentation or information to make such documentation24
4531 or information available to the commission or the commission representative to examine25
4632 at the location where such person, documentation, or information is located.26
4733 (2) In the event that a person refuses to comply with a request made pursuant to27
4834 paragraph (1) of this subsection, the commission may petition that such person be ordered28
4935 by the superior court to provide the documentation or information sought by the29
5036 commission. The court shall not order such compliance unless the commission has30
5137 demonstrated to the satisfaction of the court that the documentation or information under31
5238 request is pertinent or necessary to further the investigation or enforcement action32
5339 authorized by this chapter."33
5440 SECTION 3.34
5541 Said chapter is further amended by revising Code Section 21-5-8, relating to venue, as35
5642 follows:36
5743 "21-5-8.37
5844 Venue for prosecution of civil violations of this chapter or for any other action by or on38
5945 behalf of the commission shall be in the county of the residence of the candidate or public39
6046 H. B. 414 (SUB)
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6248 officer at the time of the alleged violation or action, unless the person is not a Georgia40
6349 resident, in which case venue is in Fulton County."41
6450 SECTION 4.42
6551 All laws and parts of laws in conflict with this Act are repealed.43
6652 H. B. 414 (SUB)
6753 - 3 -