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