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SB109/CSFA/3Senate Bill109 By: Senators Stephens of the 51st, Lee of the 29thand Crotts of the 17th
AS PASSEDSENATE
A BILL TO BEENTITLED AN ACT
To amend Title 21 of the Official Code of Georgia Annotated,relating to elections, and Title 45 of the Official Code of Georgia Annotated,relating to public officers and employees, so as to provide for ethics reforms;to change the provisions relating to the filing of financial disclosurestatements, the persons required to file financial disclosure statements, andthe contents thereof; to require the filing of such statements by electronicmeans; to change certain provisions regarding public officials´ conduct andlobbyist disclosure; to change certain provisions regarding definitions; toprovide for additional filing and disclosure requirements; to provide foradditional eligibility requirements regarding certain public offices; to providefor related matters; to provide an effective date; to repeal conflicting laws;and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OFGEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relatingto elections, is amended by striking subsection (b) and adding a new subsectionto Code Section 21-5-50, relating to filing of financial disclosure statementsby public officers and candidates for public office, asfollows: “(b) A financial disclosure statementshall be in the form specified by the commission and shallidentify: (1) Each monetary fee or honorariumof $101.00 or less which is accepted by a public officer fromspeaking engagements, participation in seminars, discussion panels, or otheractivities which directly relate to the official duties of thepublic officer or the office of the public officer, with a statement identifyingthe fee or honorarium accepted and the person from whom it wasaccepted; (2) Each monetary fee or honorarium ofmore than $101.00 which is accepted by a public officer who holds office on afull-time basis from speaking engagements, participation in seminars, discussionpanels, or other activities that is not related tothe official duties of the public officer orthe office of the public officer, with a statement identifying the fee orhonorarium accepted and the person or entity from whom it wasaccepted;
(2)(3) Allfiduciary positions held by the candidate for public office or the publicofficer, with a statement of the title of each such position, the name andaddress of the business entity, and the principal activity of the businessentity;
(3)(4) The name,address, and principal activity of any business entity and the office held byand the duties of the candidate for public office or public officer within suchbusiness entity as of December 31 of the covered year in which such candidate orofficer has a direct ownership interest whichinterest: (A) Is more than 105 percent of the total interests in such business;or (B) Has a net fair market value of more than$20,000.00;
(4)(5) Each tractof real property in which the candidate for public office or public officer hasa direct ownership interest or purchase option as of December 31 of thecovered year when that interest has a net fair market value inexcess of $20,000.00. As used in this paragraph, the term 'netfair market' value means the appraised value of the property for ad valorem taxpurposes less any indebtedness thereon. The disclosure shallcontain the county and state and general location therein where theproperty is located description of theproperty; (6) The filer´s occupation,employer, and the principal activity and address of suchemployer; (7) If he or she has actual knowledgeof such ownership interest or knowledge of facts which would put a reasonableand prudent person on notice of such ownership interest, the filer shall nameany business or subsidiary thereof in Georgia in which the filer´s spouseor children, siblings, and parents, jointly or severally, own a direct ownershipinterest which interest: (A) Is more than 5percent of the total interests in such business;or (B) Has a net fair market value of more than$20,000.00 or in which the filer´s spouseor any child, sibling, or parent serves as an officer, director, equitablepartner, trustee, or consultant; (8) If thefiler or his or her spouse has engaged in a business in a fiduciary positionduring the last reporting year which provides legal, investment, accounting,medical or health related, real estate, banking, insurance, educational,farming, engineering, architectural, construction, or other professionalservices or consultations, then the filing party shall report each category fromwhich the gross income received from all combined clients in such categoryexceeds $10,000.00. Such categories shall be established by rule of thecommission and may include a stock investment portfolio, electric utilities, gasutilities, telephone utilities, water utilities, cable television companies,intrastate transportation companies, pipeline companies, oil or gas explorationcompanies or both, oil and gas retail companies, banks, savings and loanassociations, loan or finance companies or both, manufacturing firms, miningcompanies, life insurance companies, casualty insurance companies, otherinsurance companies, retail companies, beer, wine, or liquor companies ordistributors or any combination thereof, trade associations, professionalassociations, governmental associations, associations of public employees orpublic officials, andcounties;
(5)(9) Allannual payments in excess of $20,000.00 received by the public officer or anybusiness entity identified in paragraph (3) paragraph(4) of this subsection from the state, any agency, department, commission,or authority created by the state, and authorized and exempted from disclosureunder Code Section 45-10-25, and the agency, department, commission, orauthority making the payments, and the general nature of the considerationrendered for the source of the payments;and
(6)(10) No form prescribedby the commission shall require more information or specify more than providedin the several paragraphs of this Code section with respect to what is requiredto be disclosed. (d) Beginning January 1, 2005,all state-wide elected officials and members of the General Assembly financialdisclosure statements. Prior to such date electronic filing of financialdisclosure statements by such persons is permitted and encouraged but notrequired."
SECTION 2.
Said title is further amended by striking Code Section21-5-70, relating to definitions regarding public officials´ conduct andlobbyist disclosure, and inserting in its place a new Code Section 21-5-70 toread asfollows: "21-5-70. Asused in this article, the term: (1) 'Expenditure': (A) Means a purchase, payment,distribution, loan, advance, deposit, or conveyance of money or anything ofvalue made for the purpose of influencing the actions of any public officer orpublic employee; (B) Includes any other form ofpayment when such can be reasonably construed as designed to encourage orinfluence a public officer; (C) Includes anygratuitous transfer, payment, subscription, advance, or deposit of money,services, or anything of value, unless consideration of equal or greater valueis received; (D) Notwithstanding division (x) ofsubparagraph (E) of this paragraph, includes food or beverage consumed at asingle meal or event by a public officer or public employee or a member of theimmediate family of such public officer or public employee;and (E) The term shall notinclude: (i) The value of personal services performedby persons who serve voluntarily without compensation from anysource; (ii) A gift received from a member of thepublic officer´s immediate family; (iii) Legalcompensation or expense reimbursement provided public employees and publicofficers in the performance of their duties; (iv) Promotional items generally distributed to the general public or to publicofficers and food and beverages produced inGeorgia; (v) An award, plaque, certificate, memento,or similar item given in recognition of the recipient´s civic, charitable,political, professional, or public service; (vi) Legitimate salary, benefits, fees, commissions, or expenses associated with arecipient´s nonpublic business, employment, trade, orprofession; (vii) Food, beverages, and registration atgroup events to which all members of an agency, as defined in paragraph (1) ofsubsection (a) of Code Section 21-5-30.2, are invited. An agency shall includethe Georgia House of Representatives, the Georgia Senate, committees andsubcommittees of such bodies, and the governing body of each politicalsubdivision of this state; (viii) Campaigncontributions or expenditures reported as required by Article 2 of thischapter; (ix) A commercially reasonable loan made inthe ordinary course of business; or (x) Food,beverage, or expenses afforded public officers, members of their immediatefamilies, or others that are associated with normal and customary business orsocial functions or activities. (2) 'Filed' means thedelivery to the State Ethics Commission, as specified in this article, of adocument that satisfies the requirements of this article. A document isconsidered delivered when it is placed in the United States mail within therequired filing time, properly addressed to the State Ethics Commission, asspecified in this article, with adequate postageaffixed. (3) 'Identifiable group of public officers'means a description that is specifically determinable by available publicrecords. (4) 'Immediate family' means a spouse orchild. (5) 'Lobbying' means the activity of a lobbyistwhile acting in that capacity. (6) 'Lobbyist'means: (A) Any natural person who, for compensation,either individually or as an employee of another person, undertakes to promoteor oppose the passage of any legislation by the General Assembly, or anycommittee thereof, or the approval or veto of legislation by theGovernor; (B) Any natural person who makes a totalexpenditure of more than $250.00 in a calendar year, not including theperson´s own travel, food, lodging expenses, or informational material topromote or oppose the passage of any legislation by the General Assembly, or anycommittee thereof, or the approval or veto of legislation by theGovernor; (C) Any natural person who as anemployee agent of the executive branch or judicialbranch of state government engages in any activity covered under subparagraph(A) of this paragraph, but the term 'lobbyist' shall not include a full-timeemployee of the executive or judicial branch acting within the scope of suchperson´s full-time employment; (D) Anynatural person who, for compensation, either individually or as an employee ofanother person, undertakes to promote or oppose the passage of any ordinance orresolution by a public officer specified under subparagraph (F) or (G) ofparagraph (15) of Code Section 21-5-3, or any committee of such public officers,or the approval or veto of any such ordinance orresolution; (E) Any natural person who makes a totalexpenditure of more than $250.00 in a calendar year, not including theperson´s own travel, food, lodging expenses, or informational material topromote or oppose the passage of any ordinance or resolution by a public officerspecified under subparagraph (F) or (G) of paragraph (15) of Code Section21-5-3, or any committee of such public officers or the approval or veto of anysuch ordinance or resolution; or (F) Any natural person who as an employee of the executive branch orjudicial branch of local government engages in any activity covered undersubparagraph (D) of this paragraph Any person who, forcompensation, either individually or as an employee of another person,undertakes to promote or oppose the awarding of a contract to a particularvendor or vendors by any branch of state government or any agency, authority,board, bureau, commission, or department thereof;or (G) Any natural person who makes a totalexpenditure of more than $250.00 in a calendar year, not including theperson´s own travel, food, lodging expenses, or informational material topromote or oppose the awarding of a contract to a particular vendor or vendorsby any branch of state government or any agency, authority, board, bureau,commission, or department thereof; provided,however, that the definition of 'lobbyist' set forth in subparagraphs (F) and(G) of this paragraph shall not include: (i) any natural person who owns asubstantial interest in the vendor for which such person undertakes to promoteor oppose the awarding of any contract by any branch of state government or anyagency, authority, board, bureau, commission, or department thereof; or (ii) anynatural person who in any calendar year undertakes to promote or oppose theawarding of any contract or contracts to a particular vendor or vendors by anybranch of state government or any agency, authority, board, bureau, commission,or department thereof where the amount of such contract or contracts does notexceed $50,000.00 for a single transaction or $100,000.00 in theaggregate. (7) 'Public officer' meansthose public officers specified under subparagraphs (A) through (G) ofparagraph (15) of Code Section 21-5-3, as amended, except as otherwise providedin this article every constitutional officer, elected stateofficial, elected or appointed executive head of every state department oragency, member of the General Assembly, executive director and member of eachstate board, authority, or commission, elected county official, elected memberof a local board of education, and elected municipalofficial. (8) 'Substantial interest' means thedirect or indirect ownership of more than 25 percent of the assets or stock ofany vendor. (9) 'Vendor' means any person whosells to or contracts with any branch of state government or any agency,authority, board, bureau, commission, or departmentthereof."
SECTION 3.
Said title is further amended by striking Code Section21-5-73, relating to disclosure reports, and inserting in its place a new CodeSection 21-5-73 to read asfollows: "21-5-73. (a)Each lobbyist registered under this article shall file disclosure reports asprovided for in this Code section. Beginning January 1, 2004, such reportsshall be filed by electronic means. (b) Aperson who is a lobbyist pursuant to subparagraph (A), (B), or (C) ofparagraph (6) of Code Section 21-5-70 shall file a monthly disclosurereport, current through the end of the preceding month, shall befiled on or before the fifth day of any month while the GeneralAssembly is in session. (c) A person who is alobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section21-5-70 shall: (1) file a disclosure report, current through the end of thepreceding month, on or before the fifth day of May, September, and January ofeach year instead of the reports otherwise required by subsection(c) subsections (b) and (d) of this Code section and thefirst sentence of this subsection; and (2) file such report with thecommission, file a copy of such report with the election superintendent of eachcounty involved if the report contains any expenditures relating to county orcounty school district affairs, and file a copy of such report with themunicipal clerk (or if there is no municipal clerk, with the chief executiveofficer of the municipality) of each municipality involved if the reportcontains any expenditures relating to municipal affairs or independent schooldistrict affairs.
(c)(d) Aperson who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), or (G)of paragraph (6) of Code Section 21-5-70 shall file a disclosure report,current through the end of the period ending on July 31 and December 31 of eachyear, shall be filed on or before August 5 and January 5 ofeach year.
(d)(e) Reportsfiled by lobbyists shall be verified and shallinclude: (1) A description of all expenditures, asdefined in Code Section 21-5-70, or the value thereof made by the lobbyist oremployees of the lobbyist on behalf or for the benefitof a public officer or a public officer´sstaff member. The description of each reported expenditure shallinclude: (A) The name and title of the public officeror, if the expenditure is simultaneously incurred for an identifiable group ofpublic officers the individual identification of whom would be impractical, ageneral description of that identifiable group; (B) The amount, date, and description of theexpenditure; (C) The provisions of Code Section21-5-70 notwithstanding, aggregate expenditures described in divisions(1)(E)(vii) and (1)(E)(x) of Code Section 21-5-70 incurred during the reportingperiod; provided, however, expenses for travel and for food, beverage, andlodging in connection therewith afforded a public officer shall be reported inthe same manner as under subparagraphs (A), (B), and (D) of this paragraph;and (D) If applicable, the number of the bill,resolution, ordinance, or regulation pending before the governmental entity insupport of or opposition to which the expenditure was made;and (2) The names of any members ofthe immediate family of a public officer employed by or whose professionalservices are paid for by the lobbyist during the reporting period;and (3) For those who are lobbyists within themeaning of subparagraph (F) or (G) of paragraph (6) of Code Section 21-5-70, thename of any vendor or vendors for which the lobbyist undertook to promote oroppose the awarding of a contract or contracts by any branch of state governmentor any agency, authority, board, bureau, commission or department thereof alongwith a description of such contract or contracts and the monetary amount of suchcontract or contracts. (f) The reports requiredby this article shall be in addition to any reports required under Code Section45-1-6, relating to required reports by state vendors of gifts to stateemployees. Compliance with this Code section shall not excuse noncompliance withthat Code section, and compliance with that Code section shall not excusenoncompliance with this Code section, notwithstanding the fact that in somecases the same information may be required to be disclosed under both Codesections."
SECTION 4.
Title 45 of the Official Code of Georgia Annotated, relatingto public officers and employees, is amended by adding a new Code section at theend of Article 3 of Chapter 12, relating to appointments and vacancies, to bedesignated Code Section 45-12-61, to read asfollows: "45-12-61. (a)As used in this Code section, the terms 'campaign committee,' 'contribution,'and 'expenditure' shall have the meanings set forth in Code Section21-5-3. (b) No person shall be eligible forappointment to fill a vacancy on any board, council, or commission or on theSupreme Court, the Court of Appeals, the superior courts, or the state courts ifthe person has made a contribution to or expenditure on behalf of the Governoror the Governor´s campaign committee in the previous 90days."
SECTION 5.
This Act shall become effective on July 1,2003.
SECTION 6.
All laws and parts of laws in conflict with this Act arerepealed.
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