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| Georgia General Assembly |
HB30.html
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 5 of Title 21 of the Official Code of
Georgia Annotated, the "Ethics in Government Act," so as to revise provisions
relating to the regulation and reporting of campaign contributions; to change a
definition; to provide for the timely issuance of advisory opinions by the State
Ethics Commission; to provide for withholding of public comment by the
commission and its staff with respect to its quasi-judicial functions; to
provide for the compilation and publication of the commission´s rules and
regulations, advisory opinions, and decisions and other matters providing
guidance in compliance with the law; to provide for periods of limitation with
respect to violations of said chapter; to change provisions relating to the
aggregation of contributions; to change provisions relating to the contents of
campaign contribution reports; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 5 of Title 21 of the Official Code of Georgia
Annotated, the "Ethics in Government Act," is amended by striking paragraph (3)
of Code Section 21-5-3, relating to definitions of terms, and inserting in its
place a new paragraph to read as
follows:
"(3)
'Campaign contribution disclosure report' means a report filed with the
appropriate filing officer by a candidate or the chairperson or treasurer of a
campaign committee setting forth all expenditures of $101.00 or more and
all contributions of $101.00 or more, including contributions and expenditures
of lesser amounts when the aggregate amount thereof by or to a person is $101.00
or more for the calendar year in which the report is filed. Such report shall
also include the total amount of all individual contributions received or
expenditures made of less than $101.00 each. The first report required in the
calendar year of the election shall contain all such expenditures made
and all such contributions received by the candidate or the
committee in prior years in support of the campaign in question
as required by this
chapter."
SECTION 2.
Said chapter is further amended by striking paragraph 13 of
subsection (b) of Code Section 21-5-6, relating to powers and duties of the
State Ethics Commission, and inserting in its place a new paragraph to describe
a duty of the commission and to read as
follows:
"(13)
To issue, upon request, and publish advisory opinions Upon
request, to issue within 60 days from the date of the request an advisory
opinion on the requirements of this chapter, based on a real or hypothetical
set of
circumstances;".
SECTION 3.
Said chapter is further amended by adding at the end of said
Code Section 21-5-6 new subsections (d) and (e) to read as
follows:
"(d)
In recognition of the quasi-judicial function of the commission, the members,
executive secretary, and staff of the commission shall refrain from public
comment on any matter involving the conduct of any individual which is or may
become pending before the commission.
(e) The
commission shall provide for the compilation and periodic updating of a guide
containing the rules and regulations of the commission, the advisory opinions
issued by the commission, the decisions of the commission with respect to
complaints and investigations, and such other materials as will assist public
officers, candidates, and members of the public in complying with this chapter.
Such materials shall be made available by the commission free of charge on the
Internet and shall be distributed by the commission in printed form at a cost
not to exceed the approximate cost of
publication."
SECTION 4.
Said chapter is further amended by adding at the end of
Article 1 a new Code Section 21-5-13 to read as
follows:
"21-5-13.
(a)
Except as provided in subsection (b) of this Code section, no civil or
administrative enforcement proceeding for failure to comply with or violation of
this chapter may be commenced more than three years after the date of the
violation.
(b) In the case of a willfully fraudulent
violation, no civil or administrative enforcement proceeding for failure to
comply with or violation of this chapter may be commenced more than seven years
after the date of the violation.
(c) The period of
limitations for criminal prosecutions under this chapter shall be as provided in
Chapter 3 of Title
17."
SECTION 5.
Said chapter is further amended by striking subsection (d)
of Code Section 21-5-30, relating to regulation of campaign contributions, and
inserting in its place a new subsection to read as
follows:
"(d)
Where separate contributions of less than $101.00 are knowingly received from a
common source, such contributions shall be aggregated for reporting purposes.
For purposes of fulfilling such aggregation requirement, members of the same
family, firm, or partnership or employees of the same person, as defined in
paragraph (14) of Code Section 21-5-3, shall be considered to be a common source
if the family or business relationship is known; provided, however, that
the purchase of tickets for not more than $25.00 each and for or attendance at a
fundraising event by members of the same family, firm, or partnership or
employees of the same person shall not be considered to be contributions from a
common source except to the extent that tickets are purchased as a
block."
SECTION 6.
Said chapter is further amended by striking subparagraph
(b)(1)(A) of Code Section 21-5-34, relating to campaign contribution disclosure
reports, and inserting in its place a new subparagraph to describe matter
required to be included in certain reports and to read as
follows:
"(A)
The amount and date of receipt, along with the name, mailing address, and
occupation, and or employer if known of any
person making a contribution of $101.00 or more, including the purchase of
tickets for events such as dinners, luncheons, rallies, and similar fundraising
events coordinated for the purpose of raising campaign contributions for the
reporting
candidate;".
SECTION 7.
Said chapter is further amended by striking division
(b)(1)(D)(iv) of said Code Section 21-5-34 and inserting in its place a new
division to describe matter required to be included in certain reports and to
read as
follows:
"(iv)
Subsequent reports shall list the net balance of contributions on hand
brought forward from the previous report, the total contributions received
during the period covered by the report, and the cumulative total of
contributions received during the reporting
cycle;".
SECTION 8.
All laws and parts of laws in conflict with this Act are
repealed.