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SB 33 - Ethics - prohibit cert. con- duct, former legislators, others

Perdue, Sonny (18th)

Status Summary	SC:	Ethics	HC:		FR:	01/15/99	LA:	02/02/00	S - Committed

First Reader Summary

A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to define certain terms; to prohibit certain communications to and appearances before state departments, agencies, and boards by former public officers of the State of Georgia; to prohibit certain communications to and appearances before members of the General Assembly by former members of the General Assembly.

Code Sections - 21-5-80/ 21-5-81/ 21-5-82/ 21-5-83/ 21-5-84/ 21-5-85/ 21-5-86

SB 33  99                                          LC 27 0702 
 
      SENATE BILL 33 
 
      By:  Senator Perdue of the 18th 
 
 
                        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 define certain terms; to prohibit certain communications 
  1- 4  to and appearances before state departments, agencies, and 
  1- 5  boards by former public officers of the State of Georgia; to 
  1- 6  prohibit certain communications to and appearances before 
  1- 7  members of the General Assembly by former members of the 
  1- 8  General Assembly; to provide for exceptions; to provide for 
  1- 9  criminal and civil penalties; to provide for an effective 
  1-10  date and applicability; to repeal conflicting laws; and for 
  1-11  other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Chapter 5 of Title 21 of the Official Code of Georgia 
  1-15  Annotated, relating to ethics in government, is amended by 
  1-16  adding at the end thereof a new article, to be designated as 
  1-17  Article 5, to read as follows: 
 
 
 
  1-18    21-5-80. 
 
  1-19    As used in this article, the term: 
 
  1-20      (1) 'Participated' means an action taken as a public 
  1-21      officer through decision, approval, disapproval, 
  1-22      recommendation, the rendering of advice, investigation, 
  1-23      or other such action. 
 
  1-24      (2) 'Particular matter' includes any investigation, 
  1-25      application, request for a ruling or determination, 
  1-26      rulemaking, contract, controversy,  claim, contested 
  1-27      case, or other proceeding. 
 
  1-28      (3) 'Public officer' means every constitutional officer; 
  1-29      every elected state official; the executive head of 
  1-30      every state department or agency, whether elected or 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      appointed; and the executive director of each state 
  2- 2      board and the members thereof. 
 
  2- 3    21-5-81. 
 
  2- 4    Any person who is a public officer and who, after the 
  2- 5    termination of his or her service or employment with the 
  2- 6    State of Georgia, knowingly makes, with the intent to 
  2- 7    influence, any communication to or appearance before any 
  2- 8    officer or employee of any department, agency, or board of 
  2- 9    the State of Georgia on behalf of any other person, except 
  2-10    the State of Georgia, in connection with a particular 
  2-11    matter (1) in which the State of Georgia is a party or has 
  2-12    a direct and substantial interest, (2) in which the person 
  2-13    participated personally and substantially as a public 
  2-14    officer, and (3) which involved a specific party or 
  2-15    parties at the time of such participation shall be 
  2-16    punished as provided in Code Section 21-5-86. 
 
  2-17    21-5-82. 
 
  2-18    Any person who is a public officer and who, within two 
  2-19    years after the termination of his or her service or 
  2-20    employment with the State of Georgia, knowingly makes, 
  2-21    with the intent to influence, any communication to or 
  2-22    appearance before any officer or employee of any 
  2-23    department, agency, or board of the State of Georgia on 
  2-24    behalf of any other person, except the State of Georgia, 
  2-25    in connection with a particular matter (1) in which the 
  2-26    State of Georgia is a party or has a direct and 
  2-27    substantial interest, (2) which such person knows or 
  2-28    reasonably should know was actually pending under his or 
  2-29    her official responsibility as a public officer within a 
  2-30    period of one year before the termination of his or her 
  2-31    service or employment with the State of Georgia, and (3) 
  2-32    which involved a specific party or parties at the time it 
  2-33    was so pending shall be punished as provided in Code 
  2-34    Section 21-5-86. 
 
  2-35    21-5-83. 
 
  2-36    Any person who is a public officer and who, within one 
  2-37    year after the termination of his or her service or 
  2-38    employment with the State of Georgia, knowingly makes, 
  2-39    with the intent to influence, any communication to or 
  2-40    appearance before any officer or employee of the 
  2-41    department, agency, or board in which such person served 
  2-42    within one year before such termination on behalf of any 
  2-43    other person, except the State of Georgia, in connection 
 
 
                                 -2- 
 
 
 
  3- 1    with any matter on which such person seeks official action 
  3- 2    by any officer or employee of such department, agency, or 
  3- 3    board shall be punished as provided in Code Section 
  3- 4    21-5-86. 
 
  3- 5    21-5-84. 
 
  3- 6    Any person who is a member of the General Assembly and 
  3- 7    who, within one year after that person leaves office, 
  3- 8    knowingly makes, with the intent to influence, any 
  3- 9    communication to or appearance before any member of the 
  3-10    General Assembly on behalf of any other person, other than 
  3-11    the State of Georgia, in connection with any matter on 
  3-12    which such former member of the General Assembly seeks 
  3-13    action by a member of the General Assembly in his or her 
  3-14    official capacity shall be punished as provided in Code 
  3-15    Section 21-5-86. 
 
  3-16    21-5-85. 
 
  3-17    (a) The restrictions contained in this article shall not 
  3-18    apply to acts done in carrying out official duties on 
  3-19    behalf of the State of Georgia or as an official or 
  3-20    employee of a political subdivision thereof. 
 
  3-21    (b) The restrictions contained in Code Sections 21-5-83 
  3-22    and 21-5-84 shall not prevent an individual from making or 
  3-23    providing a statement, which is based on the individual's 
  3-24    own special knowledge in the particular area that is the 
  3-25    subject of the statement, if no compensation is thereby 
  3-26    received. 
 
  3-27    (c) The restrictions contained in Code Sections 21-5-81 
  3-28    through 21-5-83 shall not apply with respect to the making 
  3-29    of communications solely for the purpose of furnishing 
  3-30    scientific or technological information, if such 
  3-31    communications are made under procedures acceptable to the 
  3-32    department, agency, or board concerned or if the head of 
  3-33    the department, agency, or board concerned with the 
  3-34    particular matter makes a certification that the former 
  3-35    public officer has outstanding qualifications in a 
  3-36    scientific, technological, or other technical discipline, 
  3-37    and is acting with respect to a particular matter which 
  3-38    requires such qualification, and that the interest of the 
  3-39    State of Georgia would be served by the participation of 
  3-40    the former public officer. 
 
  3-41    (d) Nothing in this article shall prevent an individual 
  3-42    from giving testimony under oath or from making statements 
 
 
 
                                 -3- 
 
 
 
  4- 1    required to be made under penalty of perjury; provided, 
  4- 2    however, that a former public officer who is subject to 
  4- 3    the restrictions contained in Code Section 21-5-81 with 
  4- 4    respect to a particular matter may not, except pursuant to 
  4- 5    court order, serve as an expert witness for any other 
  4- 6    person, except the State of Georgia, in that matter. 
 
  4- 7    (e) The restrictions contained in Code Sections 21-5-83 
  4- 8    and 21-5-84 shall not apply to a communication or 
  4- 9    appearance made solely on behalf of a candidate for state, 
  4-10    federal, or local office in his or her capacity as a 
  4-11    candidate or as a representative of a candidate or a 
  4-12    political party. 
 
  4-13    21-5-86. 
 
  4-14    (a) Notwithstanding the provisions of Code Section 21-5-9, 
  4-15    any person who violates a restriction contained in Code 
  4-16    Section 21-5-81, 21-5-82, 21-5-83, or 21-5-84 shall be 
  4-17    imprisoned for not more than one year or fined in an 
  4-18    amount not to exceed $1,000.00, or both, and any person 
  4-19    who willfully violates a restriction contained in Code 
  4-20    Section 21-5-81, 21-5-82, 21-5-83, or 21-5-84 shall be 
  4-21    imprisoned for not more than five years or fined in an 
  4-22    amount not to exceed $5,000.00, or both.  Each 
  4-23    communication or appearance in violation of Code Section 
  4-24    21-5-81, 21-5-82, 21-5-83, or 21-5-84 shall constitute a 
  4-25    separate offense. 
 
  4-26    (b) In addition to any other penalty provided in this 
  4-27    chapter, the Attorney General may bring a civil action in 
  4-28    superior court against any person who violates Code 
  4-29    Section 21-5-81, 21-5-82, 21-5-83, or 21-5-84 and, upon 
  4-30    proof of such conduct by a preponderance of the evidence, 
  4-31    such person shall be subject to a civil penalty of not 
  4-32    more than $10,000.00 for each violation or the amount of 
  4-33    compensation which the person received or was offered for 
  4-34    the prohibited conduct, whichever amount is greater. 
  4-35    Venue for such an action shall be as provided in Code 
  4-36    Section 21-5-8. 
 
  4-37                           SECTION 2. 
 
  4-38  This Act shall become effective on July 1, 1999, and shall 
  4-39  apply to persons whose service or employment with the State 
  4-40  of Georgia terminates on or after that date. 
 
 
 
 
 
                                 -4- 
 
 
 
  5- 1                           SECTION 3. 
 
  5- 2  All laws and parts of laws in conflict with this Act are 
  5- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5-