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03 LC 28 0876
House Bill
62
By: Representatives Franklin of the 17th and Joyce of the 2nd
By: Representatives Franklin of the 17th and Joyce of the 2nd
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 21-5-50 of the Official Code of
Georgia Annotated, relating to financial disclosure filings by public officers,
so as to provide for the filing of financial disclosure reports by certain
appointed public officers; to provide for the filing of reports by certain
persons appointed to fill vacancies in elected public offices; to provide for
the filing of financial disclosure reports by certain persons holding appointive
and elective offices in consolidated governments; 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 21-5-50 of the Official Code of Georgia
Annotated, relating to financial disclosure filings by public officers, is
amended by striking subsection (a) and inserting a new subsection (a) to read as
follows:
"(a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each appointed and elected public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office if such public office is an elective public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(3) Each public officer holding an elective office in a consolidated government shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election to an office in a consolidated government shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(4) Each person who holds an appointive county office shall file with the election superintendent of the county, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which such person is appointed, a financial disclosure statement for the preceding calendar year.
(3)
(5) Each public officer, as defined in subparagraph (G) of paragraph
(15) of Code Section 21-5-3, shall file with the municipal clerk of the
municipality of election or, if there is no clerk, with the chief executive
officer of such municipality, not before the first day of January nor later than
July 1 of each year in which such public officer holds office other than the
year in which an election is held for such public office, a financial disclosure
statement for the preceding calendar year. Each person who qualifies as a
candidate for election as a public officer, as defined in subparagraph (G) of
paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of
the municipality of election or, if there is no clerk, with the chief executive
officer of such municipality, no later than the fifteenth day following the date
of qualifying as a candidate, a financial disclosure statement for the preceding
calendar year.
(6) Each person who holds an appointive municipal office shall file with the municipal clerk of the municipality or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such person holds office other than the year in which such person is appointed, a financial disclosure statement for the preceding calendar year.
"(a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each appointed and elected public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office if such public office is an elective public office, a financial disclosure statement for the preceding calendar year; and each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(3) Each public officer holding an elective office in a consolidated government shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election to an office in a consolidated government shall file with the election superintendent of the county of election, no later than the fifteenth day following the date of qualifying as a candidate, a financial disclosure statement for the preceding calendar year.
(4) Each person who holds an appointive county office shall file with the election superintendent of the county, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which such person is appointed, a financial disclosure statement for the preceding calendar year.
(6) Each person who holds an appointive municipal office shall file with the municipal clerk of the municipality or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such person holds office other than the year in which such person is appointed, a financial disclosure statement for the preceding calendar year.
(7) Each person appointed to an appointive public office
of this state or any county, municipal, or consolidated government in this state
or appointed to fill a vacancy in an elective public office of this state or any
county, municipal, or consolidated government in this state shall file, within
15 days of the date of such
person´s
appointment to such office, a financial disclosure report for the preceding
calendar year with the Secretary of State, in the case of a state office; the
county election superintendent, in the case of county, consolidated government,
or local school board office; or the municipal clerk or, if there is no clerk,
the chief executive officer of such municipality, in the case of a municipal
office.
(4) (8) The filing
officer shall review each financial disclosure statement to determine that such
statement is in compliance with the requirements of this
chapter.
(5) (9) A public
officer shall not, however, be required to file such a financial disclosure
statement for the preceding calendar year in a year in which there occurs
qualifying for election to succeed such public officer, if such public officer
does not qualify for nomination for election to succeed himself or herself or
for election to any other public office subject to this chapter. For purposes of
this subsection, a public officer shall not be deemed to hold office in a year
in which the public officer holds office for less than 15
days."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.