Georgia 2025-2026 Regular Session

Georgia Senate Bill SB177 Compare Versions

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1-25 LC 47 3694S
2-The House Committee on Technology and Infrastructure Innovation offers the following
3-substitute to SB 177:
1+25 LC 47 3363
2+Senate Bill 177
3+By: Senators Anavitarte of the 31st, Albers of the 56th, Burns of the 23rd, Robertson of the
4+29th, Williams of the 25th and others
5+AS PASSED SENATE
46 A BILL TO BE ENTITLED
57 AN ACT
6-To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1
8+To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to
9+1
710 government transparency and campaign finance, so as to provide for transparency in foreign2
811 funded political activities within the state; to require agents of hostile foreign principals and3
912 foreign supported political organizations to register with the State Ethics Commission; to4
1013 provide for registration requirements; to provide for definitions; to provide legislative5
1114 findings; to provide for civil penalties; to authorize the Attorney General to bring civil6
1215 actions or criminal investigations for violations; to provide for related matters; to repeal7
1316 conflicting laws; and for other purposes.8
1417 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
1518 SECTION 1.10
1619 Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to government11
1720 transparency and campaign finance, is amended by adding a new article to read as follows:12
18-S. B. 177 (SUB)
19-- 1 - 25 LC 47 3694S
21+S. B. 177
22+- 1 - 25 LC 47 3363
2023 "ARTICLE 513
2124 21-5-90.14
2225 The General Assembly finds:15
2326 (1) That the voters, citizens, and policymakers of Georgia are entitled to transparency in16
2427 the political and propaganda activities of organizations that may be controlled by or under17
2528 the influence of foreign countries hostile to the interests of the United States and the State18
2629 of Georgia;19
2730 (2) That, in an increasingly globalized world, determining whether an organization's20
2831 political and propaganda activities are funded by hostile foreign interests is often21
2932 difficult; and22
3033 (3) That legislation is needed to ensure the transparency necessary to allow voters,23
3134 citizens, and policymakers to evaluate whether political and propaganda activities are24
3235 funded by potentially hostile foreign actors.25
3336 21-5-91.26
3437 As used in this article, the term:27
3538 (1) 'Agent of a hostile foreign principal' means any person who acts as an agent,28
3639 employee, representative, or servant, or otherwise acts at the order, request, or under the29
3740 direction or control of a hostile foreign principal:30
3841 (A) Whose actions are financed in whole or in part by a hostile foreign principal; and31
3942 (B) Who engages in political activity.32
4043 (2) 'Foreign supported political organization' means a political organization or33
4144 partnership, committee, association, corporation, limited liability company, limited34
4245 liability partnership, trust, professional corporation, or any other combination of persons35
4346 that has, within the past five calendar years, received money or other things of value from36
47+S. B. 177
48+- 2 - 25 LC 47 3363
4449 a hostile foreign principal or an agent of a hostile foreign principal and which engages37
45-S. B. 177 (SUB)
46-- 2 - 25 LC 47 3694S
47-in political activity; provided, however, notwithstanding any other provision of this38
48-article to the contrary, any industry, trade, or professional association that exists to39
49-promote the interests of its members, or any affiliated organization, shall not be deemed40
50-a foreign supported political organization.41
51-(3) 'Hostile foreign country' means:42
52-(A) The Democratic People's Republic of Korea;43
53-(B) The Islamic Republic of Iran;44
54-(C) The People's Republic of China; or45
55-(D) The Russian Federation.46
56-(4) 'Hostile foreign principal' means:47
57-(A) A government of a hostile foreign country, a political party of a hostile foreign48
58-country, or any member of a political party, body, or organization of a hostile foreign49
59-country;50
60-(B) A nonresident alien of a hostile foreign country; or51
61-(C) A partnership, committee, association, corporation, limited liability company,52
62-limited liability partnership, trust, professional corporation, or any other combination53
63-of persons organized under the law of or having its principal place of business in a54
64-hostile foreign country.55
65-(5) 'Political activity' means any activity that is performed to influence any agency or56
66-public official of the State of Georgia, any local government entity within the state, or to57
67-influence the public within the state, with reference to formulating, adopting, or changing58
68-the policies or laws of the state or electing or opposing a candidate for local or state59
69-public office.60
70-21-5-92.61
71-(a) No person shall act as an agent of a hostile foreign principal unless he or she has filed62
72-with the commission a true and complete registration statement and supplements thereto63
73-S. B. 177 (SUB)
74-- 3 - 25 LC 47 3694S
75-as required by this Code section or unless he or she is exempt from registration under the64
76-provisions of this Code section. Except as hereinafter provided, every person who becomes65
77-an agent of a hostile foreign principal shall, within ten days thereafter, file with the66
78-commission a registration statement, under oath, on a form prescribed by the commission.67
79-The obligation of an agent of a hostile foreign principal to file a registration statement68
80-shall, after the tenth day of his or her becoming such agent, continue from day to day, and69
81-termination of such status shall not relieve such agent from his or her obligation to file a70
82-registration statement for the period during which he or she was an agent of a hostile71
83-foreign principal. The registration statement shall include the following, which shall be72
84-regarded as material for the purposes of this Code section:73
85-(1) Registrant's name, principal business address, and all other business addresses in the74
86-United States or elsewhere, and all residence addresses, if any;75
87-(2) Status of the registrant:76
88-(A) If an individual, his or her nationality;77
89-(B) If a partnership, the name, residence addresses, and nationality of each partner, as78
90-well as a true and complete copy of its articles of copartnership; and79
91-(C) If an association, corporation, organization, or any other combination of80
92-individuals or entities, the name, residence addresses, and nationality of each director81
93-and officer and of each person performing the functions of a director or officer and a82
94-true and complete copy of its charter, articles of incorporation, association, constitution,83
95-and bylaws and amendments thereto; a copy of every other instrument or document and84
96-a statement of the terms and conditions of every oral agreement relating to its85
97-organization, powers, and purposes, and a statement of its ownership and control;86
98-(3) A comprehensive statement of the nature of registrant's business, including a 87
99-complete list of registrant's employees;88
100-(4) A statement of the nature of the work of each hostile foreign principal for whom the89
101-registrant is acting, assuming or purporting to act or has agreed to act, the character of the90
102-S. B. 177 (SUB)
103-- 4 - 25 LC 47 3694S
104-business or other activities of every such hostile foreign principal. If any such hostile91
105-foreign principal is an entity other than a natural person, such statement shall also detail92
106-the ownership and control to which each such hostile foreign principal is supervised,93
107-directed, owned, controlled, financed, or subsidized, in whole or in part, by any94
108-government of a foreign country or foreign political party, or by any other hostile foreign95
109-principal;96
110-(5) The nature and amount of contributions, income, money, or thing of value, if any,97
111-that the registrant has received within the preceding 60 days from each such hostile98
112-foreign principal, either as compensation or for disbursement or otherwise, and the form99
113-and time of each such payment and from whom received;100
114-(6) A detailed statement of every activity which the registrant is performing or is101
115-assuming or purporting or has agreed to perform for himself or herself or any other102
116-person other than a hostile foreign principal and which requires his registration103
117-hereunder;104
118-(7) The name, business, and residence addresses, and if an individual, the nationality, of105
119-any person other than a hostile foreign principal for whom the registrant is acting,106
120-assuming or purporting to act or has agreed to act under such circumstances as require107
121-his or her registration hereunder;108
122-(8) The nature and amount of contributions, income, money, or thing of value, if any,109
123-that the registrant has received during the preceding 60 days from each such person in110
124-connection with any of the activities referred to in paragraph (6) of this subsection;111
125-(9) A detailed statement of the money and other things of value spent or disposed of by112
126-the registrant during the preceding 60 days in furtherance of or in connection with113
127-activities which require the registrant's registration hereunder and which have been114
128-undertaken by the registrant either as an agent of a hostile foreign principal or for himself115
129-or herself or any other person or in connection with any activities relating to the registrant116
130-becoming an agent of such principal;117
131-S. B. 177 (SUB)
132-- 5 - 25 LC 47 3694S
133-(10) A detailed statement of any contributions of money or other things of value made118
134-by the registrant during the preceding 60 days to bring about the nomination or election119
135-of a candidate for any office, to bring about the recall of a public officer holding elective120
136-office, to oppose the recall of a public officer holding elective office, to bring about the121
137-approval or rejection by the voters of any proposed constitutional amendment, a122
138-state-wide referendum, or a proposed question which is to appear on the ballot in this123
139-state or in a county or a municipal election in this state; and124
140-(11) Such other statements, information, or documents pertinent to the purposes of this125
141-Code section as the commission may from time to time require.126
142-(b) Every agent of a hostile foreign principal who has filed a registration statement127
143-required by subsection (a) of this Code section shall, within 30 days after the expiration of128
144-each six-month period succeeding such filing, file with the commission a supplement129
145-thereto, under oath, on a form prescribed by the commission, which shall set forth with130
146-respect to such preceding six-month period such facts as the commission may deem131
147-necessary to make the information required under subsection (a) of this Code section132
148-accurate, complete, and current with respect to such period.133
149-(c) An agent of a hostile foreign principal shall update the information required by134
150-subsection (b) of this Code section with the commission every 90 days.135
151-(d) The registration statement shall be executed under oath as follows:136
152-(1) If the registrant is an individual, by him or her;137
153-(2) If the registrant is a partnership, by the majority of the members thereof; and138
154-(3) If the registrant is a person other than an individual or a partnership, by a majority139
155-of the officers thereof or persons performing the functions of officers or by a majority of140
156-the board of directors thereof or persons performing the functions of directors, if any.141
157-(e) A registration statement or supplement required to be filed under this Code section142
158-shall be filed in electronic form, in addition to any other form that may be required by the143
159-commission.144
160-S. B. 177 (SUB)
161-- 6 - 25 LC 47 3694S
162-21-5-93.145
163-(a) No later than December 31 of each year, each foreign supported political organization146
164-operating within the state shall register with the commission and provide the following147
165-information:148
166-(1) The name of the organization, its business address, and the names, titles, and149
167-addresses of all officers and directors of the organization;150
168-(2) If the organization is affiliated with or a chapter of a national organization, the name151
169-of the national organization, its address, and the names and addresses of its officers and152
170-directors;153
171-(3) A detailed statement of the money and other things of value spent or disposed of by154
172-the foreign supported political organization during the preceding calendar year in155
173-furtherance of or in connection with activities to influence any agency or public official,156
174-local government entity, or the public of or within the State of Georgia, including, but not157
175-limited to, activities related to formulating, adopting, or changing the policies or laws of158
176-this state or electing a candidate to local or state public office;159
177-(4) A detailed statement of any expenditures of money or other things of value made by160
178-the organization within the prior calendar year; and161
179-(5) A detailed statement of all money or other things of value received by the162
180-organization from a hostile foreign principal or an agent of a hostile foreign principal163
181-during the preceding calendar year.164
182-(b) A registered foreign supported organization shall update the information required by165
183-subsection (a) of this Code section with the commission every 90 days.166
184-21-5-94.167
185-(a) Upon receipt of a complaint that an agent of a hostile foreign principal or a foreign168
186-supported political organization has failed to comply with the registration and reporting169
187-S. B. 177 (SUB)
188-- 7 - 25 LC 47 3694S
189-requirements of this article, or upon its own determination, the commission shall have170
190-authority to investigate and to assess penalties for the violation of this article.171
191-(b) The commission may assess civil penalties of up to $10,000.00 for each violation of172
192-this article; provided, however, that, if the commission finds that any such violation was173
193-willful or a repeat violation of this article, such civil penalties shall be not less174
194-than $10,000.00 nor more than $200,000.00 per such violation.175
195-(c) The Attorney General of this state shall, upon complaint by the commission, or may,176
196-upon the Attorney General's own initiative if after examination of the complaint and177
197-evidence the Attorney General believes a violation of any provision of this article has178
198-occurred:179
199-(1) Bring an action in the superior court in the name of the commission for a temporary180
200-restraining order or other injunctive relief or for civil penalties; or181
201-(2) Initiate a criminal investigation."182
202-SECTION 2.183
203-All laws and parts of laws in conflict with this Act are repealed.184
204-S. B. 177 (SUB)
50+in political activity.38
51+(3) 'Hostile foreign country' means:39
52+(A) The Democratic People's Republic of Korea;40
53+(B) The Islamic Republic of Iran;41
54+(C) The People's Republic of China; or42
55+(D) The Russian Federation.43
56+(4) 'Hostile foreign principal' means:44
57+(A) A government of a hostile foreign country, a political party of a hostile foreign45
58+country, or any member of a political party, body, or organization of a hostile foreign46
59+country;47
60+(B) A nonresident alien of a hostile foreign country;48
61+(C) A partnership, committee, association, corporation, limited liability company,49
62+limited liability partnership, trust, professional corporation, or any other combination50
63+of persons organized under the law of or having its principal place of business in a51
64+hostile foreign country; or52
65+(D) A partnership, committee, association, corporation, limited liability company,53
66+limited liability partnership, trust, professional corporation, or any other combination54
67+of persons that is at least 20 percent beneficially owned by a hostile foreign55
68+government, a nonresident alien of a hostile foreign country, or an entity organized56
69+under the laws of or having its principal place of business in a hostile foreign country.57
70+(5) 'Political activity' means any activity that is performed to influence any agency or58
71+public official of the State of Georgia, any local government entity within the state, or to59
72+influence the public within the state, with reference to formulating, adopting, or changing60
73+the policies or laws of the state or electing or opposing a candidate for local or state61
74+public office.62
75+S. B. 177
76+- 3 - 25 LC 47 3363
77+21-5-92.63
78+(a) No person shall act as an agent of a hostile foreign principal unless he or she has filed64
79+with the commission a true and complete registration statement and supplements thereto65
80+as required by this Code section or unless he or she is exempt from registration under the66
81+provisions of this Code section. Except as hereinafter provided, every person who becomes67
82+an agent of a hostile foreign principal shall, within ten days thereafter, file with the68
83+commission a registration statement, under oath, on a form prescribed by the commission.69
84+The obligation of an agent of a hostile foreign principal to file a registration statement70
85+shall, after the tenth day of his or her becoming such agent, continue from day to day, and71
86+termination of such status shall not relieve such agent from his or her obligation to file a72
87+registration statement for the period during which he or she was an agent of a hostile73
88+foreign principal. The registration statement shall include the following, which shall be74
89+regarded as material for the purposes of this Code section:75
90+(1) Registrant's name, principal business address, and all other business addresses in the76
91+United States or elsewhere, and all residence addresses, if any;77
92+(2) Status of the registrant:78
93+(A) If an individual, his or her nationality;79
94+(B) If a partnership, the name, residence addresses, and nationality of each partner, as80
95+well as a true and complete copy of its articles of copartnership; and81
96+(C) If an association, corporation, organization, or any other combination of82
97+individuals or entities, the name, residence addresses, and nationality of each director83
98+and officer and of each person performing the functions of a director or officer and a84
99+true and complete copy of its charter, articles of incorporation, association, constitution,85
100+and bylaws and amendments thereto; a copy of every other instrument or document and86
101+a statement of the terms and conditions of every oral agreement relating to its87
102+organization, powers, and purposes, and a statement of its ownership and control;88
103+S. B. 177
104+- 4 - 25 LC 47 3363
105+(3) A comprehensive statement of the nature of registrant's business, including a 89
106+complete list of registrant's employees;90
107+(4) A statement of the nature of the work of each hostile foreign principal for whom the91
108+registrant is acting, assuming or purporting to act or has agreed to act, the character of the92
109+business or other activities of every such hostile foreign principal. If any such hostile93
110+foreign principal is an entity other than a natural person, such statement shall also detail94
111+the ownership and control to which each such hostile foreign principal is supervised,95
112+directed, owned, controlled, financed, or subsidized, in whole or in part, by any96
113+government of a foreign country or foreign political party, or by any other hostile foreign97
114+principal;98
115+(5) The nature and amount of contributions, income, money, or thing of value, if any,99
116+that the registrant has received within the preceding 60 days from each such hostile100
117+foreign principal, either as compensation or for disbursement or otherwise, and the form101
118+and time of each such payment and from whom received;102
119+(6) A detailed statement of every activity which the registrant is performing or is103
120+assuming or purporting or has agreed to perform for himself or herself or any other104
121+person other than a hostile foreign principal and which requires his registration105
122+hereunder;106
123+(7) The name, business, and residence addresses, and if an individual, the nationality, of107
124+any person other than a hostile foreign principal for whom the registrant is acting,108
125+assuming or purporting to act or has agreed to act under such circumstances as require109
126+his or her registration hereunder;110
127+(8) The nature and amount of contributions, income, money, or thing of value, if any,111
128+that the registrant has received during the preceding 60 days from each such person in112
129+connection with any of the activities referred to in paragraph (6) of this subsection;113
130+(9) A detailed statement of the money and other things of value spent or disposed of by114
131+the registrant during the preceding 60 days in furtherance of or in connection with115
132+S. B. 177
133+- 5 - 25 LC 47 3363
134+activities which require the registrant's registration hereunder and which have been116
135+undertaken by the registrant either as an agent of a hostile foreign principal or for himself117
136+or herself or any other person or in connection with any activities relating to the registrant118
137+becoming an agent of such principal;119
138+(10) A detailed statement of any contributions of money or other things of value made120
139+by the registrant during the preceding 60 days to bring about the nomination or election121
140+of a candidate for any office, to bring about the recall of a public officer holding elective122
141+office, to oppose the recall of a public officer holding elective office, to bring about the123
142+approval or rejection by the voters of any proposed constitutional amendment, a124
143+state-wide referendum, or a proposed question which is to appear on the ballot in this125
144+state or in a county or a municipal election in this state; and126
145+(11) Such other statements, information, or documents pertinent to the purposes of this127
146+Code section as the commission may from time to time require.128
147+(b) Every agent of a hostile foreign principal who has filed a registration statement129
148+required by subsection (a) of this Code section shall, within 30 days after the expiration of130
149+each six-month period succeeding such filing, file with the commission a supplement131
150+thereto, under oath, on a form prescribed by the commission, which shall set forth with132
151+respect to such preceding six-month period such facts as the commission may deem133
152+necessary to make the information required under subsection (a) of this Code section134
153+accurate, complete, and current with respect to such period.135
154+(c) An agent of a hostile foreign principal shall update the information required by136
155+subsection (b) of this Code section with the commission every 90 days.137
156+(d) The registration statement shall be executed under oath as follows:138
157+(1) If the registrant is an individual, by him or her;139
158+(2) If the registrant is a partnership, by the majority of the members thereof; and140
159+S. B. 177
160+- 6 - 25 LC 47 3363
161+(3) If the registrant is a person other than an individual or a partnership, by a majority141
162+of the officers thereof or persons performing the functions of officers or by a majority of142
163+the board of directors thereof or persons performing the functions of directors, if any.143
164+(e) A registration statement or supplement required to be filed under this Code section144
165+shall be filed in electronic form, in addition to any other form that may be required by the145
166+commission.146
167+21-5-93.147
168+(a) No later than December 31 of each year, each foreign supported political organization148
169+operating within the state shall register with the commission and provide the following149
170+information:150
171+(1) The name of the organization, its business address, and the names, titles, and151
172+addresses of all officers and directors of the organization;152
173+(2) If the organization is affiliated with or a chapter of a national organization, the name153
174+of the national organization, its address, and the names and addresses of its officers and154
175+directors;155
176+(3) A detailed statement of the money and other things of value spent or disposed of by156
177+the foreign supported political organization during the preceding calendar year in157
178+furtherance of or in connection with activities to influence any agency or public official,158
179+local government entity, or the public of or within the State of Georgia, including, but not159
180+limited to, activities related to formulating, adopting, or changing the policies or laws of160
181+this state or electing a candidate to local or state public office;161
182+(4) A detailed statement of any expenditures of money or other things of value made by162
183+the organization within the prior calendar year; and163
184+(5) A detailed statement of all money or other things of value received by the164
185+organization from a hostile foreign principal or an agent of a hostile foreign principal165
186+during the preceding calendar year.166
187+S. B. 177
188+- 7 - 25 LC 47 3363
189+(b) A registered foreign supported organization shall update the information required by167
190+subsection (a) of this Code section with the commission every 90 days.168
191+21-5-94.169
192+(a) Upon receipt of a complaint that an agent of a hostile foreign principal or a foreign170
193+supported political organization has failed to comply with the registration and reporting171
194+requirements of this article, or upon its own determination, the commission shall have172
195+authority to investigate and to assess penalties for the violation of this article.173
196+(b) The commission may assess civil penalties of up to $10,000.00 for each violation of174
197+this article; provided, however, that, if the commission finds that any such violation was175
198+willful or a repeat violation of this article, such civil penalties shall be not less176
199+than $10,000.00 nor more than $200,000.00 per such violation.177
200+(c) The Attorney General of this state shall, upon complaint by the commission, or may,178
201+upon the Attorney General's own initiative if after examination of the complaint and179
202+evidence the Attorney General believes a violation of any provision of this article has180
203+occurred:181
204+(1) Bring an action in the superior court in the name of the commission for a temporary182
205+restraining order or other injunctive relief or for civil penalties; or183
206+(2) Initiate a criminal investigation."184
207+SECTION 2.185
208+All laws and parts of laws in conflict with this Act are repealed.186
209+S. B. 177
205210 - 8 -