19 | 6 | | government transparency and campaign finance, so as to revise the definition of "person" to2 |
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20 | 7 | | include certain nonresidents of the state; to provide the State Ethics Commission with3 |
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21 | 8 | | supplementary investigatory powers related to persons, documents, or information located4 |
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22 | 9 | | outside of the state; to revise venue provisions to address out-of-state persons; to provide for5 |
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23 | 10 | | related matters; to repeal conflicting laws; and for other purposes.6 |
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24 | 11 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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25 | 12 | | SECTION 1.8 |
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26 | 13 | | Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government9 |
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27 | 14 | | transparency and campaign finance, is amended in Code Section 21-5-3, relating to10 |
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28 | 15 | | definitions, by revising paragraph (19) as follows:11 |
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29 | 16 | | "(19) 'Person' means an individual, partnership, committee, association, corporation,12 |
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30 | 17 | | limited liability company, limited liability partnership, trust, professional corporation, or13 |
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33 | 19 | | organization or group of persons, and shall include a 'nonresident' as that term is defined15 |
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34 | 20 | | H. B. 414 (SUB) |
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35 | 21 | | - 1 - 25 LC 47 3421S |
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36 | 22 | | in Code Section 9-10-90 who commits an act or omission or transacts business within the16 |
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37 | 23 | | state which if performed by a resident of this state would be subject to this chapter."17 |
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38 | 24 | | SECTION 2.18 |
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39 | 25 | | Said chapter is further amended in Code Section 21-5-6, relating to powers and duties of the19 |
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40 | 26 | | State Ethics Commission, by adding a new subsection to read as follows:20 |
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41 | 27 | | "(c)(1) Supplemental to any investigatory or enforcement powers provided to the21 |
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42 | 28 | | commission in this chapter, if a matter or person that the commission seeks to obtain22 |
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43 | 29 | | documentation or information from is located outside the state, the commission may23 |
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44 | 30 | | request the person with such documentation or information to make such documentation24 |
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45 | 31 | | or information available to the commission or the commission representative to examine25 |
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46 | 32 | | at the location where such person, documentation, or information is located.26 |
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47 | 33 | | (2) In the event that a person refuses to comply with a request made pursuant to27 |
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48 | 34 | | paragraph (1) of this subsection, the commission may petition that such person be ordered28 |
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49 | 35 | | by the superior court to provide the documentation or information sought by the29 |
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50 | 36 | | commission. The court shall not order such compliance unless the commission has30 |
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51 | 37 | | demonstrated to the satisfaction of the court that the documentation or information under31 |
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52 | 38 | | request is pertinent or necessary to further the investigation or enforcement action32 |
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53 | 39 | | authorized by this chapter."33 |
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54 | 40 | | SECTION 3.34 |
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55 | 41 | | Said chapter is further amended by revising Code Section 21-5-8, relating to venue, as35 |
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56 | 42 | | follows:36 |
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57 | 43 | | "21-5-8.37 |
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58 | 44 | | Venue for prosecution of civil violations of this chapter or for any other action by or on38 |
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59 | 45 | | behalf of the commission shall be in the county of the residence of the candidate or public39 |
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60 | 46 | | H. B. 414 (SUB) |
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61 | 47 | | - 2 - 25 LC 47 3421S |
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62 | 48 | | officer at the time of the alleged violation or action, unless the person is not a Georgia40 |
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63 | 49 | | resident, in which case venue is in Fulton County."41 |
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64 | 50 | | SECTION 4.42 |
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65 | 51 | | All laws and parts of laws in conflict with this Act are repealed.43 |
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66 | 52 | | H. B. 414 (SUB) |
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67 | 53 | | - 3 - |
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