25 LC 47 3363
Senate Bill 177
By: Senators Anavitarte of the 31st, Albers of the 56th, Burns of the 23rd, Robertson of the
29th, Williams of the 25th and others
AS PASSED SENATE
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 provide for transparency in foreign2
funded political activities within the state; to require agents of hostile foreign principals and3
foreign supported political organizations to register with the State Ethics Commission; to4
provide for registration requirements; to provide for definitions; to provide legislative5
findings; to provide for civil penalties; to authorize the Attorney General to bring civil6
actions or criminal investigations for violations; to provide for related matters; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government11
transparency and campaign finance, is amended by adding a new article to read as follows:12
S. B. 177
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"ARTICLE 513
21-5-90.14
The General Assembly finds:15
(1) That the voters, citizens, and policymakers of Georgia are entitled to transparency in16
the political and propaganda activities of organizations that may be controlled by or under17
the influence of foreign countries hostile to the interests of the United States and the State18
of Georgia;19
(2) That, in an increasingly globalized world, determining whether an organization's20
political and propaganda activities are funded by hostile foreign interests is often21
difficult; and22
(3) That legislation is needed to ensure the transparency necessary to allow voters,23
citizens, and policymakers to evaluate whether political and propaganda activities are24
funded by potentially hostile foreign actors.25
21-5-91.26
As used in this article, the term:27
(1) 'Agent of a hostile foreign principal' means any person who acts as an agent,28
employee, representative, or servant, or otherwise acts at the order, request, or under the29
direction or control of a hostile foreign principal:30
(A) Whose actions are financed in whole or in part by a hostile foreign principal; and31
(B) Who engages in political activity.32
(2) 'Foreign supported political organization' means a political organization or33
partnership, committee, association, corporation, limited liability company, limited34
liability partnership, trust, professional corporation, or any other combination of persons35
that has, within the past five calendar years, received money or other things of value from36
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a hostile foreign principal or an agent of a hostile foreign principal and which engages37
in political activity.38
(3) 'Hostile foreign country' means:39
(A) The Democratic People's Republic of Korea;40
(B) The Islamic Republic of Iran;41
(C) The People's Republic of China; or42
(D) The Russian Federation.43
(4) 'Hostile foreign principal' means:44
(A) A government of a hostile foreign country, a political party of a hostile foreign45
country, or any member of a political party, body, or organization of a hostile foreign46
country;47
(B) A nonresident alien of a hostile foreign country;48
(C) A partnership, committee, association, corporation, limited liability company,49
limited liability partnership, trust, professional corporation, or any other combination50
of persons organized under the law of or having its principal place of business in a51
hostile foreign country; or52
(D) A partnership, committee, association, corporation, limited liability company,53
limited liability partnership, trust, professional corporation, or any other combination54
of persons that is at least 20 percent beneficially owned by a hostile foreign55
government, a nonresident alien of a hostile foreign country, or an entity organized56
under the laws of or having its principal place of business in a hostile foreign country.57
(5) 'Political activity' means any activity that is performed to influence any agency or58
public official of the State of Georgia, any local government entity within the state, or to59
influence the public within the state, with reference to formulating, adopting, or changing60
the policies or laws of the state or electing or opposing a candidate for local or state61
public office.62
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21-5-92.63
(a) No person shall act as an agent of a hostile foreign principal unless he or she has filed64
with the commission a true and complete registration statement and supplements thereto65
as required by this Code section or unless he or she is exempt from registration under the66
provisions of this Code section. Except as hereinafter provided, every person who becomes67
an agent of a hostile foreign principal shall, within ten days thereafter, file with the68
commission a registration statement, under oath, on a form prescribed by the commission.69
The obligation of an agent of a hostile foreign principal to file a registration statement70
shall, after the tenth day of his or her becoming such agent, continue from day to day, and71
termination of such status shall not relieve such agent from his or her obligation to file a72
registration statement for the period during which he or she was an agent of a hostile73
foreign principal. The registration statement shall include the following, which shall be74
regarded as material for the purposes of this Code section:75
(1) Registrant's name, principal business address, and all other business addresses in the76
United States or elsewhere, and all residence addresses, if any;77
(2) Status of the registrant:78
(A) If an individual, his or her nationality;79
(B) If a partnership, the name, residence addresses, and nationality of each partner, as80
well as a true and complete copy of its articles of copartnership; and81
(C) If an association, corporation, organization, or any other combination of82
individuals or entities, the name, residence addresses, and nationality of each director83
and officer and of each person performing the functions of a director or officer and a84
true and complete copy of its charter, articles of incorporation, association, constitution,85
and bylaws and amendments thereto; a copy of every other instrument or document and86
a statement of the terms and conditions of every oral agreement relating to its87
organization, powers, and purposes, and a statement of its ownership and control;88
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(3) A comprehensive statement of the nature of registrant's business, including a 89
complete list of registrant's employees;90
(4) A statement of the nature of the work of each hostile foreign principal for whom the91
registrant is acting, assuming or purporting to act or has agreed to act, the character of the92
business or other activities of every such hostile foreign principal. If any such hostile93
foreign principal is an entity other than a natural person, such statement shall also detail94
the ownership and control to which each such hostile foreign principal is supervised,95
directed, owned, controlled, financed, or subsidized, in whole or in part, by any96
government of a foreign country or foreign political party, or by any other hostile foreign97
principal;98
(5) The nature and amount of contributions, income, money, or thing of value, if any,99
that the registrant has received within the preceding 60 days from each such hostile100
foreign principal, either as compensation or for disbursement or otherwise, and the form101
and time of each such payment and from whom received;102
(6) A detailed statement of every activity which the registrant is performing or is103
assuming or purporting or has agreed to perform for himself or herself or any other104
person other than a hostile foreign principal and which requires his registration105
hereunder;106
(7) The name, business, and residence addresses, and if an individual, the nationality, of107
any person other than a hostile foreign principal for whom the registrant is acting,108
assuming or purporting to act or has agreed to act under such circumstances as require109
his or her registration hereunder;110
(8) The nature and amount of contributions, income, money, or thing of value, if any,111
that the registrant has received during the preceding 60 days from each such person in112
connection with any of the activities referred to in paragraph (6) of this subsection;113
(9) A detailed statement of the money and other things of value spent or disposed of by114
the registrant during the preceding 60 days in furtherance of or in connection with115
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activities which require the registrant's registration hereunder and which have been116
undertaken by the registrant either as an agent of a hostile foreign principal or for himself117
or herself or any other person or in connection with any activities relating to the registrant118
becoming an agent of such principal;119
(10) A detailed statement of any contributions of money or other things of value made120
by the registrant during the preceding 60 days to bring about the nomination or election121
of a candidate for any office, to bring about the recall of a public officer holding elective122
office, to oppose the recall of a public officer holding elective office, to bring about the123
approval or rejection by the voters of any proposed constitutional amendment, a124
state-wide referendum, or a proposed question which is to appear on the ballot in this125
state or in a county or a municipal election in this state; and126
(11) Such other statements, information, or documents pertinent to the purposes of this127
Code section as the commission may from time to time require.128
(b) Every agent of a hostile foreign principal who has filed a registration statement129
required by subsection (a) of this Code section shall, within 30 days after the expiration of130
each six-month period succeeding such filing, file with the commission a supplement131
thereto, under oath, on a form prescribed by the commission, which shall set forth with132
respect to such preceding six-month period such facts as the commission may deem133
necessary to make the information required under subsection (a) of this Code section134
accurate, complete, and current with respect to such period.135
(c) An agent of a hostile foreign principal shall update the information required by136
subsection (b) of this Code section with the commission every 90 days.137
(d) The registration statement shall be executed under oath as follows:138
(1) If the registrant is an individual, by him or her;139
(2) If the registrant is a partnership, by the majority of the members thereof; and140
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(3) If the registrant is a person other than an individual or a partnership, by a majority141
of the officers thereof or persons performing the functions of officers or by a majority of142
the board of directors thereof or persons performing the functions of directors, if any.143
(e) A registration statement or supplement required to be filed under this Code section144
shall be filed in electronic form, in addition to any other form that may be required by the145
commission.146
21-5-93.147
(a) No later than December 31 of each year, each foreign supported political organization148
operating within the state shall register with the commission and provide the following149
information:150
(1) The name of the organization, its business address, and the names, titles, and151
addresses of all officers and directors of the organization;152
(2) If the organization is affiliated with or a chapter of a national organization, the name153
of the national organization, its address, and the names and addresses of its officers and154
directors;155
(3) A detailed statement of the money and other things of value spent or disposed of by156
the foreign supported political organization during the preceding calendar year in157
furtherance of or in connection with activities to influence any agency or public official,158
local government entity, or the public of or within the State of Georgia, including, but not159
limited to, activities related to formulating, adopting, or changing the policies or laws of160
this state or electing a candidate to local or state public office;161
(4) A detailed statement of any expenditures of money or other things of value made by162
the organization within the prior calendar year; and163
(5) A detailed statement of all money or other things of value received by the164
organization from a hostile foreign principal or an agent of a hostile foreign principal165
during the preceding calendar year.166
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(b) A registered foreign supported organization shall update the information required by167
subsection (a) of this Code section with the commission every 90 days.168
21-5-94.169
(a) Upon receipt of a complaint that an agent of a hostile foreign principal or a foreign170
supported political organization has failed to comply with the registration and reporting171
requirements of this article, or upon its own determination, the commission shall have172
authority to investigate and to assess penalties for the violation of this article.173
(b) The commission may assess civil penalties of up to $10,000.00 for each violation of174
this article; provided, however, that, if the commission finds that any such violation was175
willful or a repeat violation of this article, such civil penalties shall be not less176
than $10,000.00 nor more than $200,000.00 per such violation.177
(c) The Attorney General of this state shall, upon complaint by the commission, or may,178
upon the Attorney General's own initiative if after examination of the complaint and179
evidence the Attorney General believes a violation of any provision of this article has180
occurred:181
(1) Bring an action in the superior court in the name of the commission for a temporary182
restraining order or other injunctive relief or for civil penalties; or183
(2) Initiate a criminal investigation."184
SECTION 2.185
All laws and parts of laws in conflict with this Act are repealed.186
S. B. 177
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