25 LC 47 3694S
The House Committee on Technology and Infrastructure Innovation offers the following
substitute to SB 177:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1
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 (SUB)
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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
a hostile foreign principal or an agent of a hostile foreign principal and which engages37
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in political activity; provided, however, notwithstanding any other provision of this38
article to the contrary, any industry, trade, or professional association that exists to39
promote the interests of its members, or any affiliated organization, shall not be deemed40
a foreign supported political organization.41
(3) 'Hostile foreign country' means:42
(A) The Democratic People's Republic of Korea;43
(B) The Islamic Republic of Iran;44
(C) The People's Republic of China; or45
(D) The Russian Federation.46
(4) 'Hostile foreign principal' means:47
(A) A government of a hostile foreign country, a political party of a hostile foreign48
country, or any member of a political party, body, or organization of a hostile foreign49
country;50
(B) A nonresident alien of a hostile foreign country; or51
(C) A partnership, committee, association, corporation, limited liability company,52
limited liability partnership, trust, professional corporation, or any other combination53
of persons organized under the law of or having its principal place of business in a54
hostile foreign country.55
(5) 'Political activity' means any activity that is performed to influence any agency or56
public official of the State of Georgia, any local government entity within the state, or to57
influence the public within the state, with reference to formulating, adopting, or changing58
the policies or laws of the state or electing or opposing a candidate for local or state59
public office.60
21-5-92.61
(a) No person shall act as an agent of a hostile foreign principal unless he or she has filed62
with the commission a true and complete registration statement and supplements thereto63
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as required by this Code section or unless he or she is exempt from registration under the64
provisions of this Code section. Except as hereinafter provided, every person who becomes65
an agent of a hostile foreign principal shall, within ten days thereafter, file with the66
commission a registration statement, under oath, on a form prescribed by the commission.67
The obligation of an agent of a hostile foreign principal to file a registration statement68
shall, after the tenth day of his or her becoming such agent, continue from day to day, and69
termination of such status shall not relieve such agent from his or her obligation to file a70
registration statement for the period during which he or she was an agent of a hostile71
foreign principal. The registration statement shall include the following, which shall be72
regarded as material for the purposes of this Code section:73
(1) Registrant's name, principal business address, and all other business addresses in the74
United States or elsewhere, and all residence addresses, if any;75
(2) Status of the registrant:76
(A) If an individual, his or her nationality;77
(B) If a partnership, the name, residence addresses, and nationality of each partner, as78
well as a true and complete copy of its articles of copartnership; and79
(C) If an association, corporation, organization, or any other combination of80
individuals or entities, the name, residence addresses, and nationality of each director81
and officer and of each person performing the functions of a director or officer and a82
true and complete copy of its charter, articles of incorporation, association, constitution,83
and bylaws and amendments thereto; a copy of every other instrument or document and84
a statement of the terms and conditions of every oral agreement relating to its85
organization, powers, and purposes, and a statement of its ownership and control;86
(3) A comprehensive statement of the nature of registrant's business, including a 87
complete list of registrant's employees;88
(4) A statement of the nature of the work of each hostile foreign principal for whom the89
registrant is acting, assuming or purporting to act or has agreed to act, the character of the90
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business or other activities of every such hostile foreign principal. If any such hostile91
foreign principal is an entity other than a natural person, such statement shall also detail92
the ownership and control to which each such hostile foreign principal is supervised,93
directed, owned, controlled, financed, or subsidized, in whole or in part, by any94
government of a foreign country or foreign political party, or by any other hostile foreign95
principal;96
(5) The nature and amount of contributions, income, money, or thing of value, if any,97
that the registrant has received within the preceding 60 days from each such hostile98
foreign principal, either as compensation or for disbursement or otherwise, and the form99
and time of each such payment and from whom received;100
(6) A detailed statement of every activity which the registrant is performing or is101
assuming or purporting or has agreed to perform for himself or herself or any other102
person other than a hostile foreign principal and which requires his registration103
hereunder;104
(7) The name, business, and residence addresses, and if an individual, the nationality, of105
any person other than a hostile foreign principal for whom the registrant is acting,106
assuming or purporting to act or has agreed to act under such circumstances as require107
his or her registration hereunder;108
(8) The nature and amount of contributions, income, money, or thing of value, if any,109
that the registrant has received during the preceding 60 days from each such person in110
connection with any of the activities referred to in paragraph (6) of this subsection;111
(9) A detailed statement of the money and other things of value spent or disposed of by112
the registrant during the preceding 60 days in furtherance of or in connection with113
activities which require the registrant's registration hereunder and which have been114
undertaken by the registrant either as an agent of a hostile foreign principal or for himself115
or herself or any other person or in connection with any activities relating to the registrant116
becoming an agent of such principal;117
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(10) A detailed statement of any contributions of money or other things of value made118
by the registrant during the preceding 60 days to bring about the nomination or election119
of a candidate for any office, to bring about the recall of a public officer holding elective120
office, to oppose the recall of a public officer holding elective office, to bring about the121
approval or rejection by the voters of any proposed constitutional amendment, a122
state-wide referendum, or a proposed question which is to appear on the ballot in this123
state or in a county or a municipal election in this state; and124
(11) Such other statements, information, or documents pertinent to the purposes of this125
Code section as the commission may from time to time require.126
(b) Every agent of a hostile foreign principal who has filed a registration statement127
required by subsection (a) of this Code section shall, within 30 days after the expiration of128
each six-month period succeeding such filing, file with the commission a supplement129
thereto, under oath, on a form prescribed by the commission, which shall set forth with130
respect to such preceding six-month period such facts as the commission may deem131
necessary to make the information required under subsection (a) of this Code section132
accurate, complete, and current with respect to such period.133
(c) An agent of a hostile foreign principal shall update the information required by134
subsection (b) of this Code section with the commission every 90 days.135
(d) The registration statement shall be executed under oath as follows:136
(1) If the registrant is an individual, by him or her;137
(2) If the registrant is a partnership, by the majority of the members thereof; and138
(3) If the registrant is a person other than an individual or a partnership, by a majority139
of the officers thereof or persons performing the functions of officers or by a majority of140
the board of directors thereof or persons performing the functions of directors, if any.141
(e) A registration statement or supplement required to be filed under this Code section142
shall be filed in electronic form, in addition to any other form that may be required by the143
commission.144
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21-5-93.145
(a) No later than December 31 of each year, each foreign supported political organization146
operating within the state shall register with the commission and provide the following147
information:148
(1) The name of the organization, its business address, and the names, titles, and149
addresses of all officers and directors of the organization;150
(2) If the organization is affiliated with or a chapter of a national organization, the name151
of the national organization, its address, and the names and addresses of its officers and152
directors;153
(3) A detailed statement of the money and other things of value spent or disposed of by154
the foreign supported political organization during the preceding calendar year in155
furtherance of or in connection with activities to influence any agency or public official,156
local government entity, or the public of or within the State of Georgia, including, but not157
limited to, activities related to formulating, adopting, or changing the policies or laws of158
this state or electing a candidate to local or state public office;159
(4) A detailed statement of any expenditures of money or other things of value made by160
the organization within the prior calendar year; and161
(5) A detailed statement of all money or other things of value received by the162
organization from a hostile foreign principal or an agent of a hostile foreign principal163
during the preceding calendar year.164
(b) A registered foreign supported organization shall update the information required by165
subsection (a) of this Code section with the commission every 90 days.166
21-5-94.167
(a) Upon receipt of a complaint that an agent of a hostile foreign principal or a foreign168
supported political organization has failed to comply with the registration and reporting169
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requirements of this article, or upon its own determination, the commission shall have170
authority to investigate and to assess penalties for the violation of this article.171
(b) The commission may assess civil penalties of up to $10,000.00 for each violation of172
this article; provided, however, that, if the commission finds that any such violation was173
willful or a repeat violation of this article, such civil penalties shall be not less174
than $10,000.00 nor more than $200,000.00 per such violation.175
(c) The Attorney General of this state shall, upon complaint by the commission, or may,176
upon the Attorney General's own initiative if after examination of the complaint and177
evidence the Attorney General believes a violation of any provision of this article has178
occurred:179
(1) Bring an action in the superior court in the name of the commission for a temporary180
restraining order or other injunctive relief or for civil penalties; or181
(2) Initiate a criminal investigation."182
SECTION 2.183
All laws and parts of laws in conflict with this Act are repealed.184
S. B. 177 (SUB)
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