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03 LC 18 2146
House Bill 163
By: Representatives Day of the 126th and Stephens of the 123rd
By: Representatives Day of the 126th and Stephens of the 123rd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 2 of Chapter 5 of Title 21 of the Official
Code of Georgia Annotated, relating to campaign contributions, so as to change
certain provisions regarding disposition of campaign contributions; to provide
for additional requirements with respect to campaign committees; to change
certain provisions regarding disclosure reports; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 2 of Chapter 5 of Title 21 of the Official Code of
Georgia Annotated, relating to campaign contributions, is amended by striking
Code Section 21_5_33, relating to disposition of campaign contributions, and
inserting in its place a new Code Section 21_5_33 to read as
follows:
"21_5_33.
(a) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate´s campaign for elective office or such public officer´s fulfillment or retention of such office.
(b)(1) With respect to contributions held on January 1, 2004, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions, and all suchAll contributions received by a candidate or such
candidate´s campaign committee or a public officer holding elective office
in excess of those necessary to defray expenses pursuant to subsection (a) of
this Code section and as determined by such candidate or such public officer may
only be used as follows only if such candidate or public
officer continues to seek the elective office for which such contributions were
received:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for only that elective office for which those contributions were received. With respect to contributions held on
January 1, 1992, or received thereafter, in the event the candidate, campaign
committee, or public officer holding elective office has not designated, prior
to receiving contributions to which this Code section is applicable, the office
for which campaign contributions are received thereby, those contributions shall
be deemed to have been received for the elective office which the candidate held
at the time the contributions were received or, if the candidate did not then
hold elective office, those contributions shall be deemed to have been received
for that elective office for which that person was a candidate most recently
following the receipt of such contributions;
or
(E) For repayment of any prior campaign obligations incurred as a candidate.
(2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate´s or such public officer´s last election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (E) of paragraph (1) of this subsection.
(c)(1)Contributions and
interest thereon, if any, shall not constitute personal assets of such candidate
or such public officer. In the event a public officer holding
elective office qualifies for election to a public office other than the one
currently held in the next qualifying period for that currently held office,
contributions held prior to that qualification shall be deemed to have been
received for the elective office which the candidate held at the time the
contributions were received, and all such contributions received by a
candidate or such candidate´s campaign committee or a public officer
holding elective office in excess of those necessary to defray expenses pursuant
to subsection (a) of this Code section and as determined by such candidate or
such public officer may only be used as
follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For transferral without limitation to any national, state, or local committee of any political party; or
(C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee.
(2) Any public officer holding elective office may provide in the will of such public officer that such contributions shall be spent in any of the authorized manners upon the death of such public officer; and, in the absence of any such direction in the probated will of such public officer, the contributions shall be paid to the treasury of the state party with which such public officer was affiliated in such public officer´s last election after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (C) of paragraph (1) of this subsection.
(d)(1) Contributions received
by a campaign committee designed to bring about the recall of a public officer
holding elective office or to oppose the recall of a public officer holding
elective office or any person or to bring about the approval or rejection by the
voters of any proposed constitutional amendment, a state_wide referendum, or a
proposed question which is to appear on the ballot in any county or municipal
election and any proceeds derived from investing such contributions shall be
utilized only to defray ordinary and necessary expenses associated with
influencing the voters on such
issue.
(2) All contributions received
by a campaign committee as provided in paragraph (1) of this subsection in
excess of those necessary to defray expenses relative to the influencing of
voters on such issue as determined by the campaign committee may only be used as
follows:
(A) Contributions to any
charitable organization described in 26 U.S.C. 170(c) as such federal statute
exists on March 1, 1986, and which additionally shall include educational,
eleemosynary, and nonprofit organizations;
or
(B) For repayment on a pro rata
basis to persons making such
contributions."
"21_5_33.
(a) Contributions to a candidate, a campaign committee, or a public officer holding elective office and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, incurred in connection with such candidate´s campaign for elective office or such public officer´s fulfillment or retention of such office.
(b)(1) With respect to contributions held on January 1, 2004, or received thereafter, in the event the candidate, campaign committee, or public officer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions, and all such
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any political party or to any candidate;
(C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for only that elective office for which those contributions were received
(E) For repayment of any prior campaign obligations incurred as a candidate.
(2) Any candidate or public officer holding elective office may provide in the will of such candidate or such public officer that the contributions shall be spent in any of the authorized manners upon the death of such candidate or such public officer; and, in the absence of any such direction in the probated will of such candidate or such public officer, the contributions shall be paid to the treasury of the state party with which such candidate or such public officer was affiliated in such candidate´s or such public officer´s last election or elective office after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (E) of paragraph (1) of this subsection.
(c)(1)
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;
(B) For transferral without limitation to any national, state, or local committee of any political party; or
(C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee.
(2) Any public officer holding elective office may provide in the will of such public officer that such contributions shall be spent in any of the authorized manners upon the death of such public officer; and, in the absence of any such direction in the probated will of such public officer, the contributions shall be paid to the treasury of the state party with which such public officer was affiliated in such public officer´s last election after the payment of any expenses pursuant to subsection (a) of this Code section. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (C) of paragraph (1) of this subsection.
SECTION 2.
Said article is further amended by striking subsection (j)
of Code Section 21_5_34, relating to disclosure reports, and inserting in its
place a new subsection (j) to read as
follows:
"(j)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) or (c) of Code Section 21_5_33.
(2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) or (c) of Code Section 21_5_33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied.
(3) All supplemental campaign contribution disclosure reports required under this subsection shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, net balance on hand, the name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made, and the amount, date, and general purpose of such expenditure."
"(j)(1) Any person elected to a public office who is required to file campaign contribution disclosure reports pursuant to this article shall, upon leaving public office with excess contributions, be required to file supplemental campaign contribution disclosure reports on June 30 and December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) or (c) of Code Section 21_5_33.
(2) Any person who is an unsuccessful candidate in an election and who is required to file campaign contribution disclosure reports pursuant to this article shall, upon having excess contributions from such campaign, be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such contributions are expended in a campaign for elective office or used as provided in subsection (b) or (c) of Code Section 21_5_33. Any unsuccessful candidate in an election who is required to file campaign contribution disclosure reports pursuant to this article and who receives contributions following such election to retire debts incurred in such campaign for elective office shall be required to file a supplemental campaign contribution disclosure report no later than December 31 of each year until such unpaid expenditures from such campaign are satisfied.
(3) All supplemental campaign contribution disclosure reports required under this subsection shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, net balance on hand, the name and mailing address and occupation or place of employment of any person to whom an expenditure of $101.00 or more is made, and the amount, date, and general purpose of such expenditure."
SECTION 3.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.