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01 LC19 4974

Senate Bill 189
By: Senators Jackson of the 50th, Meyer von Bremen of the 12th, Starr of the 44th, Golden of the 8th, Lee of the 29th and others



A BILL TO BE ENTITLED
AN ACT

To amend Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, so as to provide that it shall be unlawful for any member of the General Assembly, any candidate for election to the General Assembly, or any campaign committee of such a member or candidate to disburse any campaign contributions or proceeds thereof to or for the benefit of a member of the immediate family of such General Assembly member or candidate; to provide for construction; to provide for exceptions; to provide for records and reports; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 21-5-33 of the Official Code of Georgia Annotated, relating to disposition of campaign contributions, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c)(1) Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer.
(2) Except as otherwise provided in this paragraph, it shall be unlawful for any member of the General Assembly, any candidate for election to the General Assembly, or any campaign committee of such a member or candidate to disburse any campaign contributions or proceeds thereof to or for the benefit of a member of the immediate family of such General Assembly member or candidate. The following conditions shall apply for purposes of this paragraph:
(A) Any such disbursement to or for the benefit of a family member shall be prohibited unless:
(i) Goods or other tangible consideration is supplied by the family member to the candidate or campaign and a detailed list of such goods or other consideration is included in the campaign contribution disclosure report; or
(ii) Services are supplied to the campaign by the family member based upon a written job description which contains a detailed list of the duties to be performed and contemporaneous records of the hours worked and the duties performed by such family member are maintained and included in the campaign contribution disclosure report. No consulting services shall be included within the meaning of the term 'services' as used in this division;
(B) This paragraph shall not prohibit repayment from campaign funds of a bona fide loan to the campaign from a family member nor shall it prohibit reimbursement from campaign funds of actual mileage expenses incurred by a family member during the performance of campaign services and duties; and
(C) For purposes of this paragraph, a person´s immediate family shall include that person´s parents, wife or husband, children, and brothers and sisters."

SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.