HB 40 - Ethics in govt; contributions; disclosure; amend provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 40 - Ethics in govt; contributions; disclosure; amend provisions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Kaye 37th
House Comm: / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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Code Sections amended: 21-5-36, 21-5-40,21-5-43,21-5-73,21-5-70,21-5-74,21-5-75
HB 40 LC 22 1351
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 5 of Title 21 of the Official Code of
1- 2 Georgia Annotated, relating to ethics in government, so as
1- 3 to require political action committees to disclose the name,
1- 4 address, occupation, and employer of each contributor; to
1- 5 change the maximum campaign contribution for corporations
1- 6 and political action committees; to provide for the return
1- 7 of contributions exceeding the maximum; to require
1- 8 disclosure of the name of each public officer for which a
1- 9 lobbyist expends funds; to provide for disclosure of pro
1-10 rata expenditures; to prohibit expenditures by lobbyists for
1-11 General Assembly members during legislative sessions and
1-12 other specified time periods; to prohibit lobbying
1-13 expenditures by persons or business entities who have
1-14 received state funding or done business with the state
1-15 during the current fiscal year; to provide for related
1-16 matters; to repeal conflicting laws; and for other purposes.
1-17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-18 Chapter 5 of Title 21 of the Official Code of Georgia
1-19 Annotated, relating to ethics in government, is amended by
1-20 inserting a new Code section to be designated as Code
1-21 Section 21-5-36 to read as follows:
1-22 "21-5-36. (Index)
1-23 Each political action committee which receives one or more
1-24 contributions from one or more Georgia residents shall
1-25 file with the commission a disclosure report listing each
1-26 contributor by name, address, occupation, and employer. A
1-27 disclosure report shall be filed twice annually in
1-28 nonelection years and monthly during election years."
SECTION 2.
1-29 Said chapter is further amended by inserting in Code Section
1-30 21-5-40, relating to definitions, a new paragraph to be
1-31 designated paragraph (3.1) to read as follows:
-1- (Index)
LC 22 1351
2- 1 "(3.1) 'Election cycle' means the period beginning on
2- 2 January 1 of the year in which the person elected to an
2- 3 office takes office and ending on December 31 of the
2- 4 year in which the next succeeding regular election is
2- 5 held for the office."
SECTION 3.
2- 6 Said chapter is further amended by striking in their
2- 7 entirety subsections (a) and (b) of Code Section 21-5-42,
2- 8 relating to the maximum allowable contribution by
2- 9 corporations, which read as follows:
2-10 "(a) No corporation shall during the course of any
2-11 nonelection year make contributions to any candidate for
2-12 state-wide elected office which in the aggregate for that
2-13 calendar year, together with any contributions to the same
2-14 candidate in the same year by any affiliated corporations,
2-15 exceed $1,000.00. No corporation shall during the course
2-16 of any election year after the year 1994 make
2-17 contributions to any candidate for state-wide elected
2-18 office which in the aggregate for that calendar year,
2-19 together with any contributions to the same candidate in
2-20 the same year by any affiliated corporations, exceed
2-21 $5,000.00. No corporation shall during the course of the
2-22 1994 election year make contributions to any candidate for
2-23 state-wide elected office which in the aggregate for that
2-24 calendar year, together with any contributions to the same
2-25 candidate in the same year by any affiliated corporations,
2-26 exceed $7,500.00.
2-27 (b) No corporation shall during the course of any
2-28 nonelection year make contributions to any candidate for
2-29 the General Assembly or public office other than
2-30 state-wide elected office which in the aggregate for that
2-31 calendar year, together with any contributions to the same
2-32 candidate in the same year by any affiliated corporations,
2-33 exceed $1,000.00. No corporation shall during the course
2-34 of any election year make contributions to any candidate
2-35 for the General Assembly or public office other than
2-36 state-wide elected office which in the aggregate for that
2-37 calendar year, together with any contributions to the same
2-38 candidate in the same year by any affiliated corporations,
2-39 exceed $2,000.00.",
2-40 and inserting in lieu thereof new subsections to read as
2-41 follows:
-2- (Index)
LC 22 1351
3- 1 "(a) Except as provided in subsection (b) of this Code
3- 2 section, no candidate for the General Assembly shall
3- 3 during the course of any election cycle accept total
3- 4 contributions from corporations and political action
3- 5 committees in the aggregate which exceed the greater of
3- 6 $5,000.00 or 10 percent of the aggregate contributions
3- 7 received from any source by such candidate during such
3- 8 election cycle. Except as provided in subsection (b) of
3- 9 this Code section, no candidate for the office of Governor
3-10 or Lieutenant Governor shall during the course of any
3-11 election cycle accept total contributions from
3-12 corporations and political action committees in the
3-13 aggregate which exceed the greater of $100,000.00 or 10
3-14 percent of the aggregate contributions received from any
3-15 source by such candidate during such election cycle.
3-16 Except as provided in subsection (b) of this Code section,
3-17 no candidate for any state-wide office other than Governor
3-18 or Lieutenant Governor shall during the course of any
3-19 election cycle accept total contributions from
3-20 corporations and political action committees in the
3-21 aggregate which exceed the greater of $25,000.00 or 10
3-22 percent of the aggregate contributions received from any
3-23 source by such candidate during such election cycle.
3-24 (b) If a candidate receives contributions which would
3-25 violate subsection (a) of this Code section, the candidate
3-26 or the candidate's designee shall return to any of the
3-27 corporations or political action committees which have
3-28 contributed to such candidate sufficient funds to comply
3-29 with subsection (a) of this Code section within ten days
3-30 following the last day of the election cycle."
SECTION 4.
3-31 Said chapter is further amended by striking in their
3-32 entirety subsections (a) and (b) of Code Section 21-5-43,
3-33 relating to the maximum allowable contributions by political
3-34 committees, which reads as follows:
3-35 "(a) No political committee shall during the course of any
3-36 nonelection year make contributions to any candidate for
3-37 state-wide elected office which in the aggregate for that
3-38 calendar year, together with any contributions to the same
3-39 candidate in the same year by any affiliated political
3-40 committees, exceed $1,000.00. No political committee
3-41 shall during the course of any election year after the
3-42 year 1994 make contributions to any candidate for
3-43 state-wide elected office which in the aggregate for that
-3- (Index)
LC 22 1351
4- 1 calendar year, together with any contributions to the same
4- 2 candidate in the same year by any affiliated political
4- 3 committees, exceed $5,000.00. No political committee
4- 4 shall during the course of the 1994 election year make
4- 5 contributions to any candidate for state-wide elected
4- 6 office which in the aggregate for that calendar year,
4- 7 together with any contributions to the same candidate in
4- 8 the same year by any affiliated political committees,
4- 9 exceed $7,500.00.
4-10 (b) No political committee shall during the course of any
4-11 nonelection year make contributions to any candidate for
4-12 the General Assembly or public office other than
4-13 state-wide elected office which in the aggregate for that
4-14 calendar year, together with any contributions to the same
4-15 candidate in the same year by any affiliated political
4-16 committees, exceed $1,000.00. No political committee
4-17 shall during the course of any election year make
4-18 contributions to any candidate for the General Assembly or
4-19 public office other than state-wide elected office which
4-20 in the aggregate for that calendar year, together with any
4-21 contributions to the same candidate in the same year by
4-22 any affiliated political committees, exceed $2,000.00.",
4-23 and inserting in lieu thereof the following:
4-24 "(a) Reserved.
4-25 (b) Reserved."
SECTION 5.
4-26 Said chapter is further amended by striking in its entirety
4-27 subsection (d) of Code Section 21-5-73, relating to lobbyist
4-28 disclosure reports, and inserting in lieu thereof a new
4-29 subsection to read as follows:
4-30 "(d) Reports filed by lobbyists shall be verified and
4-31 shall include:
4-32 (1) A description of all expenditures, as defined in
4-33 Code Section 21-5-70, or the value thereof made by the
4-34 lobbyist or employees of the lobbyist on behalf or for
4-35 the benefit of a public officer. The description of
4-36 each reported expenditure shall include:
4-37 (A) The name and title of the public officer or, if
4-38 the expenditure is simultaneously incurred for an
4-39 identifiable group of public officers the individual
-4- (Index)
LC 22 1351
5- 1 identification of whom would be impractical, a general
5- 2 description of that identifiable group;
5- 3 (B) The amount, date, and description of the
5- 4 expenditure provided that, if more than one public
5- 5 officer is a beneficiary of the expenditure, a pro
5- 6 rata expenditure for each public officer is included;
5- 7 (C) The provisions of Code Section 21-5-70
5- 8 notwithstanding, aggregate expenditures described in
5- 9 divisions (1)(E)(vii) and (1)(E)(x) of Code Section
5-10 21-5-70 incurred during the reporting period;
5-11 provided, however, expenses for travel and for food,
5-12 beverage, and lodging in connection therewith afforded
5-13 a public officer shall be reported in the same manner
5-14 as under subparagraphs (A), (B), and (D) of this
5-15 paragraph; and
5-16 (D) If applicable, the number of the bill, resolution,
5-17 ordinance, or regulation pending before the
5-18 governmental entity in support of or opposition to
5-19 which the expenditure was made; and
5-20 (2) The names of any members of the immediate family of
5-21 a public officer employed by or whose professional
5-22 services are paid for by the lobbyist during the
5-23 reporting period."
SECTION 6.
5-24 Said chapter is further amended by inserting two new Code
5-25 sections to be designated respectively as Code Section
5-26 21-5-74 and Code Section 21-5-75, to read as follows:
5-27 "21-5-74. (Index)
5-28 During the following time periods, no gift, meal, lodging,
5-29 or contribution in kind or in funds may be made by any
5-30 lobbyist to any member of the General Assembly:
5-31 (1) Any regular or special legislative session;
5-32 (2) The period beginning 60 days prior to the first day
5-33 of a regular legislative session and ending on the first
5-34 day of a regular legislative session; and
5-35 (3) The period beginning on the day following an
5-36 official announcement of the Governor that a special
5-37 legislative session is called and ending on the first
5-38 day of a special legislative session.
-5- (Index)
LC 22 1351
6- 1 21-5-75. (Index)
6- 2 The following persons and entities are not permitted to
6- 3 make any expenditure as defined in Code Section 21-5-70 or
6- 4 provide any contribution in kind or in funds to any member
6- 5 of the General Assembly or to any other public officer as
6- 6 a part of any lobbying effort:
6- 7 (1) Any person or business entity who has received state
6- 8 funding during the current fiscal year; and
6- 9 (2) Any person or business entity who has done business
6-10 with the state during the current fiscal year."
SECTION 7.
6-11 All laws and parts of laws in conflict with this Act are
6-12 repealed.
-6- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97