HB 3 - General Assembly Integrity Act of 1997; enact

First Reader Summary

A BILL to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials' conduct and disclosure by lobbyists, so as to provide a short title; to prohibit gratuitous transfers and loans to members of the General Assembly and their spouses and children by lobbyists and persons, organizations, and entities represented by lobbyists; and for other purposes.

Page Numbers - 1/ 2/ 3

Code Sections - 21-5-74

HB 3                                               LC 22 2399 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 4 of Chapter 5 of Title 21 of the Official 
  1- 2  Code of Georgia Annotated, relating to public officials' 
  1- 3  conduct and disclosure by lobbyists, so as to provide a 
  1- 4  short title; to prohibit gratuitous transfers and loans to 
  1- 5  members of the General Assembly and their spouses and 
  1- 6  children by lobbyists and persons, organizations, and 
  1- 7  entities represented by lobbyists; to provide for 
  1- 8  exceptions; to prohibit civil penalties in certain 
  1- 9  circumstances; to provide for related matters; to repeal 
  1-10  conflicting laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Article 4 of Chapter 5 of Title 21 of the Official Code of 
  1-14  Georgia Annotated, relating to public officials' conduct and 
  1-15  disclosure by lobbyists, is amended by inserting a new Code 
  1-16  section to be designated Code Section 21-5-74 to read as 
  1-17  follows: 
 
  1-18    "21-5-74. 
 
  1-19    (a) This Code section shall be known and may be cited as 
  1-20    the 'General Assembly Integrity Act of 1997.' 
 
  1-21    (b) Except as otherwise provided by subsection (c) of this 
  1-22    Code section, it shall be unlawful for any lobbyist or any 
  1-23    person, individual, partnership, committee, association, 
  1-24    corporation, labor organization, business entity, or other 
  1-25    group of persons represented by a lobbyist to: 
 
  1-26      (1) Make a gratuitous transfer of any money, property, 
  1-27      service, or thing of value to any member of the General 
  1-28      Assembly or to the spouse or child of any member of the 
  1-29      General Assembly; or 
 
  1-30      (2) Gratuitously lend property or service to any member 
  1-31      of the General Assembly or to the spouse or child of any 
  1-32      member of the General Assembly. 
 
 
 
                                 -1- 
 
 
 
  2- 1    (c) This Code section shall not apply to the following: 
 
  2- 2      (1) The value of personal services performed by persons 
  2- 3      who serve voluntarily without compensation from any 
  2- 4      source; 
 
  2- 5      (2) A gift received from the recipient's spouse, child, 
  2- 6      parent, grandparent, grandchild, brother, sister, aunt, 
  2- 7      or uncle; 
 
  2- 8      (3) Legal compensation or expense reimbursement provided 
  2- 9      for the performance of the recipient's duties; 
 
  2-10      (4) Promotional items generally distributed to the 
  2-11      general public; 
 
  2-12      (5) An award, plaque, certificate, memento, or similar 
  2-13      item given in recognition of the recipient's civic, 
  2-14      charitable, political, professional, or public service; 
 
  2-15      (6) Legitimate salary, benefits, fees, commissions, or 
  2-16      expenses associated with a recipient's nonpublic 
  2-17      business, employment, trade, or profession; 
 
  2-18      (7) Campaign contributions or expenditures reported as 
  2-19      required by Article 2 of Chapter 5 of Title 21; 
 
  2-20      (8) Commercially reasonable loans made in the ordinary 
  2-21      course of business; or 
 
  2-22      (9) Food, beverage, or expenses afforded members of the 
  2-23      General Assembly, their spouses and children that are: 
 
  2-24        (A) Unrelated to public policy or official business of 
  2-25        the General Assembly; and 
 
  2-26        (B) Associated with normal and customary nonpublic 
  2-27        business or social functions or activities. 
 
  2-28    (d) Except as provided in subsection (c) of this Code 
  2-29    section, it shall be unlawful for any member of the 
  2-30    General Assembly or the spouse or child of any member of 
  2-31    the General Assembly to receive from any lobbyist or any 
  2-32    person, individual, partnership, committee, association, 
  2-33    corporation, labor organization, business entity, or other 
  2-34    group of persons represented by a lobbyist: 
 
  2-35      (1) Any gratuitous transfer of any money, property, 
  2-36      service, or thing of value; or 
 
  2-37      (2) Any gratuitous loan of any property or service. 
 
 
 
 
                                 -2- 
 
 
 
  3- 1    (e) No civil penalty authorized by this chapter shall be 
  3- 2    assessed against a member of the General Assembly or the 
  3- 3    spouse or child of a member of the General Assembly for 
  3- 4    the inadvertent violation of subsection (d) if such 
  3- 5    member, spouse, or child returns the money, property, or 
  3- 6    thing of value or pays the reasonable value of the 
  3- 7    property or service received or lent within 30 days after 
  3- 8    notice of such violation." 
 
  3- 9                           SECTION 2. 
 
  3-10  All laws and parts of laws in conflict with this Act are 
  3-11  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-