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03 LC 29 1016S
The House Committee on Judiciary offered the following substitute to SB 31:
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Titles 21, 36, 42, and 45 of the Official Code of
Georgia Annotated, relating, respectively, to elections; local government; penal
institutions; and public officers, so as to provide for the comprehensive
revision of provisions regarding ethics and conflicts of interest; to provide
for and change certain definitions; to change certain provisions relative to the
appointment of members of the State Ethics Commission and provide additional
eligibility requirements for appointed persons; to provide for the timely
issuance of advisory opinions by the State Ethics Commission and other matters
relative to advisory opinions; to change provisions relating to the State Ethics
Commission including its administrative attachment to the Secretary of
State´s office; to change provisions relating to civil penalties; to change
provisions relating to mailing complaints; to provide for rule making with
regard to technical defects and the time frame for correction of technical
defects in financial disclosure statements; to change certain provisions
regarding connected organizations; to create certain restrictions on receipt or
award of state contracts; to change certain provisions regarding contributions
made to candidates and the location where certain reports are filed; to change
provisions relating to contributions or expenditures other than through
candidates or campaign committees and disclosure of extensions of credit; to
change certain provisions relating to disposition of contributions; to change
certain provisions regarding disclosure reports; to change certain provisions
regarding electronic filing of reports; to change certain provisions relating to
acceptance of campaign contributions during legislative sessions; to change
provisions relating to maximum allowable contributions; to change certain
provisions relating to filing of financial disclosure statements; to change
provisions relating to filing by mail; to change certain provisions relating to
lobbyist registration; to change provisions relating to lobbyist disclosure
reports and the contents thereof and the definition of lobbyist; to create
provisions relating to a lobbyist´s eligibility for certain appointments;
to create conflict of interest provisions relating to gifts; to correct
cross-references; to provide for limitations relative to appearances before the
Board of Corrections or the Department of Corrections by members of the General
Assembly or state elected or appointed officials; to provide for criminal
penalties; to change provisions relative to appearances before the Board of
Pardons and Paroles by members of the General Assembly or state elected or
appointed officials; to change certain provisions relating to complaints or
information regarding fraud, waste, and abuse in state programs and operations;
to provide for restrictions on activities for persons who were a member,
employee, or appointee of the legislative, executive, or judicial branch or
other agencies or authorities of the state; to provide for penalties; to provide
for restrictions on the Governor´s appointment power under certain
circumstances; to provide for effective dates and applicability; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 21 of the Official Code of Georgia Annotated, relating
to elections, is amended by striking Chapter 5, relating to ethics in
government, and inserting in its place a new Chapter 5 to read as
follows:
"CHAPTER
5
ARTICLE 1
ARTICLE 1
21-5-1.
This chapter shall be known as and may be cited as the 'Ethics in Government Act.'
21-5-2.
It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for constitutional offices; state offices; district attorneys; members of the Georgia House of Representatives and Georgia Senate; all constitutional judicial officers; and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officers holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. Further, it is the policy of this state that the state´s public affairs will be best served by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state´s public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have reasonable access to the disclosure of the significant private interests of the public officers of this state.
21-5-3.
As used in this chapter, the term:
(1) 'Business entity' means any corporation, sole proprietorship, partnership, limited partnership, limited liability company, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit.
(2) 'Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term 'campaign committee' also means any person or committee which accepts contributions or makes expenditures 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 any committee which accepts contributions or makes expenditures designed 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.
(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.
(4) 'Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election or has received contributions or made expenditures in pursuit of such nomination or election or has given such person´s consent for such person´s campaign committee to receive contributions or make expenditures with a view to bringing about such person´s nomination for election or election to such office.
(5) 'Commission' means the State Ethics Commission created under Code Section 21-5-4.
(6) 'Connected organization' means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this chapter, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year.
(17) 'Net fair market' value means the fair market value of property less any indebtedness thereon.
(18) 'Ordinary and necessary expenses' shall include, but is not limited to, reasonable expenditures made during the reporting period for office costs and rent, lodging, equipment, travel, advertising, postage, staff salaries, consultants, files storage, polling, special events, volunteers, reimbursements to volunteers, contributions to nonprofit organizations, and flowers for special occasions, which shall include, but are not limited to, birthdays and funerals, and any other expenditure that is deemed appropriate for the purposes of Code Section 21-5-33.
(A)
(B)
Such term does not include a campaign committee.
(A) Every constitutional officer;
(B) Every elected state official;
(C) The executive head of every state department or agency, whether elected or appointed;
(D) Each member of the General Assembly;
(E) The executive director of each state board or authority and the members thereof;
(F) Every elected county official and every elected member of a local board of education; and
(G) Every elected municipal official.
21-5-4.
(a) The State Ethics Commission shall have the duties and powers as are set forth in this chapter. The commission is governed by five members. Each commission member shall serve a term of four years and until such member´s successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official or entity who appointed the vacating member as set forth in subsection (b) of this Code section. Those members serving on the commission on the effective date of this subsection shall continue to serve on the commission until the expiration of their terms of office which shall be on November 30 of the particular year of the expiration of their term so that all members´ terms shall expire on the same day of the year.
(b) After the effective date of this subsection, the commission members shall be appointed as follows: the successor to the member who was appointed by the Lieutenant Governor, whose term shall expire November 30, 2005, shall be appointed by the Lieutenant Governor; the successor to the member who was appointed by the Speaker of the House of Representatives, whose term shall expire on November 30, 2003, shall be appointed by the Speaker of the House of Representatives; the successors to two of the members who were appointed by the Governor, both of whose terms shall expire on November 30, 2006, shall be appointed by the Governor, with one member being from a different political party as the term is defined by paragraph (25) of Code Section 21-2-2; the successor to the other member who was appointed by the Governor, whose term shall expire November 30, 2004, shall be appointed by the Secretary of State.
(c) All members of the commission shall be residents of this state.
(d) Any person who:
(1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such person´s appointment;
(2) Has held any federal, state, or local public office within a period of five years prior to such person´s appointment; or
(3) Serves as an officer of any political party, whether such office is elective or appointive and whether such office exists on a local, state, or national level
shall be ineligible to serve as a member of the commission.
(e) The commission shall elect a chairperson, a vice chairperson, and other officers as it deems necessary. The members shall not be compensated for their services but they shall
(f) A majority of the members of the commission constitutes a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all rights and perform all duties of the commission.
(g) Meetings of the members of the commission shall be held at the call of the chairperson or whenever any two members so request.
(h) In any matter pending before the commission, if a member of the commission has made or caused to be made a contribution in the current or immediately preceding election cycle to any respondent, any other party to the complaint, any candidate who opposed the respondent in any election in the current or immediately preceding election cycle, or the campaign committee of any of the foregoing, that member shall recuse himself or herself from consideration of the matter. The commission may, upon motion, order the recusal of a member.
(i) Appointees to the commission shall not require confirmation by the Senate.
21-5-5.
The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds. The commission shall be a budget unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act'; provided, however, the commission shall be assigned for administrative purposes only to the Secretary of State.
21-5-6.
(a) The commission is vested with the following powers:
(1) To meet at such times and places as it may deem necessary;
(2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities;
(3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter;
(4) To employ an executive secretary and such additional staff as the commission deems necessary to carry out the powers delegated to the commission by this chapter;
(5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence;
(6) To institute and prosecute actions in the superior courts, in its own name, seeking to enjoin or restrain any violation or threatened violation of this chapter;
(7) To adopt in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and
(8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it.
(b) The commission shall have the following duties:
(1) To prescribe forms to be used in complying with this chapter;
(2) To prepare and publish a manual setting forth recommended uniform methods of accounting and reporting for use by persons required by this chapter to file statements and reports;
(3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
(4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(5) To adopt a retention standard for records of the commission in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act';
(6) To prepare and publish such other reports and technical studies as in its judgment will tend to promote the purposes of this chapter;
(7) To provide for public dissemination of such summaries and reports;
(8) To determine whether the required statements and reports have been filed and, if so, whether they conform to the requirements of this chapter;
(9) To make investigations, subject to the limitations contained in Code Section 21-5-7, with respect to the statements and reports filed under this chapter and with respect to alleged failure to file any statements or reports required under this chapter and upon receipt of the written complaint of any person, verified under oath to the best information, knowledge, and belief by the person making such complaint with respect to an alleged violation of any provision of this chapter, provided that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter;
(10)(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the commission determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
(B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act';
(11) To report suspected violations of law to the appropriate law enforcement authority;
(12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate;
(13) To issue, on its own initiative or upon written request from a person who is subject to the filing requirements of this chapter, and publish advisory opinions on the requirements of this chapter, based
(14) To issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(A) To cease and desist from committing further violations;
(B) To make public complete statements, in corrected form, containing the information required by this chapter;
(C)(i) To pay a civil penalty not to exceed
(ii) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the commission. The civil penalty shall not be paid from campaign funds unless expressly allowed by the commission. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.
(iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon the Attorney General´s own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission.
(iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred.
(v) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the commission, the judgment, if in favor of the commission, shall provide that the defendant pay to the commission the costs, including reasonable attorneys´ fees, incurred by the commission in the prosecution of such action;
(15) To make public its conclusion that a violation has occurred and the nature of such violation;
(16) To petition the superior court within the county where the hearing was or is being conducted for the enforcement of any order issued in connection with such hearing; and
(17) To report to the General Assembly and the Governor at the close of each fiscal year concerning the action taken during that time, the names, salaries, and duties of all individuals employed, and the funds disbursed and to make such further report on the matters within its jurisdiction as may appear desirable.
21-5-7.
21-5-7.1.
The commission shall adopt rules which shall provide that:
(1) Upon the commission´s receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributor´s occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission;
(2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be issued a notice of an alleged technical defect by certified mail, return receipt requested, and shall be given a period of 30 calendar days from the receipt of the notice to correct the alleged technical defect. During the 30 day period the complaint shall be considered as received by the commission but not yet filed with the commission and shall not be considered a violation of this chapter. If during the 30 day period the alleged technical violation is cured by an amended filing or otherwise or if during the 30 day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed. If the subject of the complaint fails to respond to the notice of an alleged technical defect, make an amended filing, or demonstrate that there is no technical violation as alleged by the thirty-first day, the commission shall impose and collect an administrative fee not to exceed $50.00 per technical defect. If the subject of the complaint does not pay the administrative fee, if any, and does not otherwise also comply with this paragraph by the sixtieth day from the receipt of the notice of an alleged technical defect, the commission shall conduct further investigation and the complaint may proceed further in accordance with the provisions of this chapter; and
(3) When the commission determines in its discretion that best efforts have been made to complete a required filing, said filing shall be considered in compliance with this chapter and any complaint relative to said filing shall be dismissed.
21-5-8.
Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate or public officer at the time of the alleged violation or action.
21-5-9.
Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor.
21-5-10.
The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this chapter of any Act of the General Assembly, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, or right accrued or vested prior to the taking effect of this chapter; nor shall this chapter affect any actions or prosecution then pending, or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed.
21-5-11.
(a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $101.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer.
(b) No public officer elected state wide shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity.
(c) For purposes of this chapter, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting shall not be monetary fees or honoraria.
21-5-12.
21-5-13.
(a) No elected public officer or employee or agent of an elected public officer shall advocate for or cause the receipt or award of any state contract to a person who has made a campaign contribution to the elected public officer or the elected public officer´s campaign committee in the current or immediately preceding election cycle.
(b) No elected public officer or employee or agent of an elected public officer shall advocate for or cause the receipt or award of any state contract to any person who employs the elected public officer.
ARTICLE 2
21-5-30.
(a) Except as provided in subsection (e) of Code Section
(b) Each candidate shall maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the
(1)
(2)
The same person may serve as chairperson and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairperson or treasurer of the campaign committee.
(c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained by the candidate or the campaign committee for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter. Those who elect the separate accounting option may also open, but are not required to open, a separate campaign depository account for each election for which contributions are accepted beyond their next upcoming election.
(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
(e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission.
(f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed
(g) Neither a candidate who is not a public officer nor his or her campaign committee may lawfully accept a campaign contribution until the candidate has filed with the
21-5-30.1.
(a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Campaign committee' means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of an elected executive officer.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of an elected executive officer or encouraging the holder of such office to seek reelection. The term 'contribution' shall include the payment of a qualifying fee for and on behalf of a candidate for the office of an elected executive officer and any other payment or purchase made for and on behalf of the holder of the office of an elected executive officer or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term 'contribution' shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
(3) 'Elected executive officer' means the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor.
(4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
(5) 'Regulated entity' means any person who is required by law to be licensed by an elected executive officer or a board under the jurisdiction of an elected executive officer, any person who leases property owned by or for a state department, or any person who engages in a business or profession which is regulated by an elected executive officer or by a board under the jurisdiction of an elected executive officer.
(b) No regulated entity and no person or political action committee acting on behalf of a regulated entity shall make a contribution to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate.
(c) No person holding office as an elected executive officer and no candidate for the office of an elected executive officer and no campaign committee of a candidate for the office of an elected executive officer shall accept a contribution in violation of subsection (b) of this Code section.
(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, from voluntarily making a campaign contribution from that person´s personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate. It shall be unlawful and a violation of this Code section for any regulated entity or other person to require another by coercive action to make any such contribution.
21-5-30.2.
(a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
(1) 'Agency' means:
(A) Every state department, agency, board, bureau, commission, and authority;
(B) Every county, municipal corporation, school district, or other political subdivision of this state;
(C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and
(D) Every city, county, regional, or other authority established pursuant to the laws of this state.
(2) 'Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred by or on behalf of an agency, without receipt of payment therefor, to any campaign committee, political action committee, or political organization or to any candidate for campaign purposes.
(3) 'Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state and who shall have registered in accordance with Chapter 2
(4) 'Political action committee' means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
(5) 'Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office.
(6) 'Public meeting place' means any county, municipal, or other public building suitable and ordinarily used for public gatherings.
(b) No agency and no person acting on behalf of an agency shall make, directly or indirectly, any contribution to any campaign committee, political action committee, or political organization or to any candidate; but nothing in this Code section shall prohibit the furnishing of office space, facilities, equipment, goods, or services to a public officer for use by the public officer in such officer´s fulfillment of such office.
(c) No campaign committee, political action committee, or political organization or candidate shall accept a contribution in violation of subsection (b) of this Code section.
(d) Nothing contained in this Code section shall be construed to:
(1) Affect the authority of the State Personnel Board regarding the regulation of certain political activities of public employees in the classified service of the state merit system;
(2) Affect the authority of any agency regarding the regulation of the political activities of such agency´s employees;
(3) Affect the use of the capitol building and grounds as specified in Code Section 50-16-4; or
(4) Prohibit the use of public meeting places by political organizations when such meeting places are made available to different political organizations on an equal basis; provided, however, this paragraph shall not be construed to create a right for a political organization to use a public meeting place.
21-5-31.
21-5-32.
(a) The candidate or treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits.
(b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction.
(c) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office conducted by the candidate or of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, or local issue or of any recall vote.
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) All 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) Except as otherwise provided in subparagraph (D) of this paragraph, for transferral
(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) Contributions and interest thereon, if any, shall not constitute personal assets of such candidate or such public officer.
(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.
21-5-34.
(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office except county and municipal offices or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum shall sign and file with the
(B) The chairperson or treasurer of each independent committee as defined in Code Section 21-5-3 shall file the required disclosure reports with the
(2)(A) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed question which is to appear on the ballot in any county or municipal election shall file a campaign contribution disclosure report as prescribed by this chapter; provided, however, that such report shall only be required if such campaign committee has received contributions which total more than $500.00 or if such campaign committee has made expenditures which total more than $500.00. All advertising pertaining to referendums
(B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, such report shall be filed with the election superintendent of the county in the case of a county election or with the municipal clerk in the case of a municipal election. Any such report shall be filed 15 days prior to the date of the election; and a final report shall be filed prior to December 31 of the year in which the election is held.
(3) A candidate for county office or the chairperson or treasurer of such candidate´s campaign committee shall sign and file the required campaign contribution disclosure reports with the election superintendent in the respective county of election.
(4) A candidate for municipal office or such candidate´s campaign committee shall file the reports with the municipal clerk in the respective municipality of election or, if there is no clerk, with the chief executive officer of the municipality.
(b)(1) All reports shall list the following:
(A)
(B)
(C) When a contribution consists of a loan, advance, or other extension of credit, the report shall also contain the name of the lending institution or party making the advance or extension of credit and the names, mailing addresses, occupations, and places of employment of all persons having any liability for repayment of the loan, advance, or extension of credit; and, if any such persons shall have a fiduciary relationship to the lending institution or party making the advance or extension of credit, the report shall specify such relationship;
(D) Total contributions received and total expenditures made as follows:
(i) Contributions and expenditures shall be reported for the applicable reporting cycle;
(ii) A reporting cycle shall commence on January 1 of the year in which an election is to be held for the public office to which a candidate seeks election and shall conclude:
(I) At the expiration of the term of office if such candidate is elected and does not seek reelection or election to some other office;
(II) On December 31 of the year in which such election was held if such candidate is unsuccessful; or
(III) If such candidate is successful and seeks reelection or seeks election to some other office the current reporting cycle shall end when the reporting cycle for reelection or for some other office begins;
(iii) The first report of a reporting cycle shall list the net balance on hand brought forward from the previous reporting cycle, if any, and the total contributions received during the period covered by the report;
(iv) Subsequent reports shall list the total contributions received during the period covered by the report and the cumulative total of contributions received during the reporting cycle;
(v) The first report of a reporting cycle shall list the total expenditures made during the period covered by the report;
(vi) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting cycle, and net balance on hand; and
(vii) If a public officer seeks reelection to the same public office, the net balance on hand at the end of the current reporting cycle shall be carried forward to the first report of the applicable new reporting cycle; and
(E) The corporate, labor union, or other affiliation of any political action committee or independent committee making a contribution of $101.00 or more.
(2) Each report shall be in such form as will allow for the separate identification of a contribution or contributions which are less than $101.00 but which become reportable due to the receipt of an additional contribution or contributions which when combined with such previously received contribution or contributions cumulatively exceed $101.00.
(c) Candidates or campaign committees which accept contributions, make expenditures designed to bring about the nomination or election of a candidate, or have filed a declaration of intention to accept campaign contributions pursuant to subsection (g) of Code Section 21-5-30 shall file campaign contribution disclosure reports in compliance with the following schedule:
(1) In each nonelection year on June 30 and December 31;
(2) In each year in which the candidate qualifies to run for public office:
(A) On March 31, June 30, September 30, October 25, and December 31;
(B) Six days before any run-off primary or election in which the candidate is listed on the ballot; and
(C) During the period of time between the last report due prior to the date of any
(3) If the candidate is candidate in a special primary or special primary runoff, 15 days prior to the special primary and six days prior to the special primary runoff; and
(4) If the candidate is candidate in a special election or special election runoff, 15 days prior to the special election and six days prior to the special election runoff.
All persons or entities required to file reports shall have a five-day grace period in filing the required reports, except that the grace period shall be two days for required reports prior to run-off primaries or run-off elections, and no grace period shall apply to contributions required to be reported within 48 hours. The mailing of such reports by United States mail with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing but reports required to be filed within 48 hours of a contribution
(d) In the event any candidate covered by this chapter has no opposition in either a primary or a general election and receives no contribution of $101.00 or more, such candidate shall only be required to make the initial and final report as required under this chapter.
(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the
(1) Individuals making aggregate contributions of $25,000.00 or less directly to candidates or the candidates´ campaign committees in one calendar year;
(2) Persons other than individuals making aggregate contributions and expenditures to or on behalf of candidates of $5,000.00 or less in one calendar year
(3) Contributors who make contributions to only one candidate during one calendar year, regardless of the amount contributed.
(f)(1) Any independent committee which accepts contributions or makes expenditures for the purpose of affecting the outcome of an election or advocates the election or defeat of any candidate shall file disclosure reports with the
(A)
(B)
(C)
The independent committee shall file a final report prior to December 31 of the year in which the election is held and shall file supplemental reports on June 30 and December 31 of each year that such independent committee continues to accept contributions or make expenditures.
(2) Reports filed by independent committees shall list the following:
(A) The amount and date of receipt, along with the name, mailing address, occupation, and employer of any person making a contribution of $101.00 or more;
(B) The name, mailing address, occupation, and employer of any person to whom an expenditure or provision of goods or services of the value of $101.00 or more is made and the amount, date, and general purpose thereof, including the name of the candidate or candidates, if any, on behalf of whom, or in support of or in opposition to whom, the expenditure or provision was made;
(C) Total expenditures made as follows:
(i) Expenditures shall be reported for the applicable reporting year;
(ii) The first report of a reporting year shall list the total expenditures made during the period covered by the report; and
(iii) Subsequent reports shall list the total expenditures made during the period covered by the report, the cumulative total of expenditures made during the reporting year, and net balance on hand; and
(D) The corporate, labor union, or other affiliation of any political action committee, candidate, campaign committee, or independent committee making a contribution of the value of $101.00 or more.
(3) Whenever any independent committee makes an expenditure for the purpose of financing any communication intended to affect the outcome of an election, such communication shall clearly state that it has been financed by such independent committee.
(g) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or to oppose the recall of a public officer shall file campaign contribution disclosure reports with the
(1) An initial report shall be filed within 15 days after the date when the official recall petition forms were issued to the sponsors;
(2) A second report shall be filed 45 days after the filing of the initial report;
(3) A third report shall be filed within 20 days after the election superintendent certifies legal sufficiency or insufficiency of a recall petition;
(4) A final report shall be filed prior to December 31 of the year in which the recall election is held or, in any case where such recall election is not held, a final report shall be filed prior to December 31 of any year in which such campaign committee accepts such contributions or makes such expenditures; and
(5) In the case of state officials or county officials, a copy of each of the reports shall also be filed with the election superintendent in the county of residence of the official sought to be recalled. In the case of municipal officials, a copy of the reports shall also be filed with the municipal clerk in the municipality of residence of the official sought to be recalled or, if there is no clerk, with the chief executive officer of the municipality.
Each filing officer shall forward a copy of the reporting forms required by this Code section to each candidate or public officer holding elective office required to file such report within a reasonable time prior to each filing.
(h) Any campaign committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of a proposed constitutional amendment or a state-wide referendum shall file a campaign contribution disclosure report with the
(i) In any county in which the county board of elections does not maintain an office open to the public during normal business hours for five days a week, the reports required by this Code section shall be filed in the office of the judge of the probate court of that county.
(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) 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 for the remainder of the reporting cycle file such reports at the same times as a successful candidate and thereafter, 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) 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.
(k) Notwithstanding any other provision of this chapter to the contrary, soil and water conservation district supervisors elected pursuant to Article 2 of Chapter 6 of Title 2, the 'Soil and Water Conservation Districts Law,' shall not be required to file campaign contribution disclosure reports under this Code section.
(l) In addition to other penalties provided under this chapter, an additional filing fee of $25.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report.
(m) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due.
21-5-34.1.
(a)
(b)
(c)
(d)
(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the original report shall be filed at the same location.
(f) No funds raised or spent prior to the implementation date of electronic filing shall be counted toward the appropriate threshold.
(g) The commission is authorized to promulgate rules and regulations to implement this Code section.
21-5-35.
(a) No member of the General Assembly or that member´s campaign committee or public officer elected state wide or campaign committee of such public officer shall accept or solicit a contribution or a pledge of a contribution during a legislative session.
(b) Subsection (a) of this Code section shall not apply to:
(1) The receipt of a contribution which is returned with reasonable promptness to the donor or the donor´s agent;
(2) The receipt and acceptance during a legislative session of a contribution consisting of proceeds from a dinner, luncheon, rally, or similar fundraising event held prior to the legislative session; or
(3) A judicial officer elected state wide or campaign committee of such judicial officer.
21-5-36.
(a) It shall be the duty of the filing officer to make the campaign contribution disclosure reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost of such copying. The filing officer shall preserve such reports for a period of five years from the date upon which they are received. A filing officer shall notify the commission in writing of:
(1) The names of all candidates and offices sought in a special election, when held at a time other than election dates scheduled by law or charter, within ten days of the close of the qualification period; and
(2) Within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question.
A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the complaint to the commission and shall retain a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint.
(b) The commission or filing officer receiving original reports has the duty to inspect each report filed with such commission or officer by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements.
ARTICLE 2A
21-5-40.
As used in this article, the term:
(3) 'Corporation' means any business or nonprofit corporation organized under the laws of this state, any other state, or the United States.
(4) 'Election year' shall be construed and applied separately for each elective office and means for each elective office the calendar year during which a regular or special election to fill such office is held.
(4.1) 'Nonelection year' shall be construed and applied separately for each elective office and means for each elective office any calendar year during which there is no regular or special election to fill such office.
(5) 'Person' means an individual.
(6) 'Political committee' means:
(A)
(B)
(6.1) 'Political party' means any political party as that term is defined in paragraph (25) of Code Section 21-2-2, as amended; provided, however, that for purposes of this article, local, state, and national committees shall be separate political parties.
(6.2) 'Public office' means the office of each elected public officer as specified in paragraph
(7) 'Separate segregated fund' means a fund which is established, administered, and used for political purposes by a corporation, labor organization, membership organization, or cooperative and to which the corporation, labor organization, membership organization, or cooperative solicits contributions.
21-5-41.
(a) No person, corporation, affiliated business entity, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for state-wide elected office which
(1) Two
(2) One
(3) Three
(4) Two
(b) No person, corporation, affiliated business entity, political committee, or political party shall make, and no candidate or campaign committee shall receive from any such entity, contributions to any candidate for the General Assembly or public office other than state-wide elected office which
(1) Two thousand dollars for a primary election or a special primary election;
(2) One thousand dollars for a primary run-off election or a special primary run-off election;
(3) Two thousand dollars for a general election or a special election; and
(4) One thousand dollars for a general election runoff or a special election runoff.
(c)(1) No person, corporation, affiliated business entity, political committee, or political party shall make contributions to any state or local political party in excess of $5,000.00 per calendar year.
(2) No corporation or affiliated business entity shall make for any election contributions to any candidate which when aggregated with contributions to the same candidate for the same election from any affiliated business entities exceed the per election contribution limits for such candidate as specified in subsection (a) of this Code section.
(3) No political committee shall make for any election contributions to any candidate which when aggregated with contributions to the same candidate for the same election from any affiliated committees exceed the per election contribution limits for such candidate as specified in subsection (a) of this Code section.
(1) Such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid; and
(2) Such loan is based on the credit worthiness of the candidate and the candidate is personally liable for the repayment of the loan.
21-5-42.
21-5-43.
(a) A candidate or campaign committee may separately account for contributions for each election in an election cycle for which contributions are accepted. If no contributions are accepted for an election, no corresponding accounting shall be required. Subject to the contribution limits of this chapter, contributions so separately accounted for may be accepted at any time in the election cycle.
(b)
(c) Contributions remaining unexpended after the date of the election may be expended for any future election in the same election cycle without regard to the limitations of Code Section 21-5-41. If there are no further elections in the election cycle or if the candidate or the candidate of the campaign committee is not on the ballot of a further election in the election cycle, such contributions may be used only as provided in Code Section 21-5-33.
(d) Contributions received for an election beyond the candidate´s next upcoming election may be placed in a separate campaign depository account and may not be spent or encumbered until:
(1) The preceding election has been held; and
(2) It is determined that the candidate will be on the ballot for the election for which the separately accounted for contributions were received.
(e) If the candidate has accepted contributions which were separately accounted for and held pending the results of a preceding election, such contributions shall be returned in full to the original contributors thereof if either of the following is true:
(1) The election for which contributions were accepted will not be held; or
(2) The candidate for whom the contributions were accepted is not on the ballot in the election for which contributions were accepted.
(f) Any refunds which are required shall be made within 30 days of any determination that the election for which the contributions were accepted will not be held or within 30 days of an event which determines that the candidate for whom the contributions were accepted will not be on the ballot in the election for which the contributions were accepted. If refunds are from noninterest-bearing accounts, such refunds shall be made without interest; provided, however, in the event the contributions to be refunded have been maintained in an interest-bearing account, all interest generated thereon shall be distributed pro rata along with full refunds to each of the original contributors.
(g) Any refunds which cannot be delivered to the original contributor due to a lack of forwarding address shall be treated as excess funds and may only be expended in a manner authorized for disposition of excess funds.
ARTICLE 3
21-5-50.
(a)(1) Except as modified in subsection (c) of this Code section with respect to candidates for state-wide elected public office, each public officer, as defined in subparagraphs (A) through (E) of paragraph
(2) Each public officer, as defined in subparagraph (F) of paragraph
(3) Each public officer, as defined in subparagraph (G) of paragraph
(4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter.
(5) 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.
(b) A financial disclosure statement shall be in the form specified by the commission and shall identify:
(1) Each monetary fee or honorarium
(2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity;
(3) The name, address, and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest:
(A) Is more than 10 percent of the total interests in such business; or
(B) Has a net fair market value of more than $20,000.00;
(4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year
(5) The filer´s occupation and employer and the principal activity and address of such employer;
(c)(1) Each person who qualifies with a political party as a candidate for party nomination to a public office elected state wide (including an incumbent public officer elected state wide qualifying to succeed himself or herself) shall file with the
(A) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate (whether for himself or herself or on behalf of any business) or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business has transacted business with the government of the State of Georgia, the government of any political subdivision of the State of Georgia, or any agency of any such government; and
(B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his or her family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a lobbyist registered with the commission pursuant to Article 4 of this chapter.
(2) The financial disclosure statement required by paragraph (1) of this subsection shall include an itemized list of the transactions required to be reported, including the date of, dollar amount of, and parties to each such transaction. However, with respect to any transactions of a privileged nature only the total amount of such transactions shall be required to be reported, and names, dates, amounts of individual transactions, and other identifying data may be omitted; and for this purpose 'transactions of a privileged nature' shall include transactions between attorney and client, transactions between psychiatrist and patient, transactions between physician and patient, and any other transactions which are by law of a similar privileged and confidential nature.
(3) The financial disclosure statement required by paragraph (1) of this subsection shall be accompanied by a financial statement of the candidate´s financial affairs for the calendar year prior to the year in which the election is held and the first quarter of the calendar year in which the election is held.
(4)
(5) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for nomination or election to public office until after the filing date otherwise applicable, such person shall make the filings required by this subsection within seven days after so qualifying.
21-5-51.
The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths.
21-5-52.
(a) The mailing of financial disclosure statements by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie evidence of filing.
(b) It shall be the duty of the commission or any other officer or body which receives for filing any disclosure report or statement or other document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due.
21-5-53.
Financial disclosure statements filed pursuant to this article shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article.
ARTICLE 4
21-5-70.
As used in this article, the term:
(1) 'Expenditure':
(A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer or public employee;
(B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer;
(C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, or anything of value, unless consideration of equal or greater value is received;
(D) Notwithstanding division (x) of subparagraph (E) of this paragraph, includes food or beverage consumed at a single meal or event by a public officer or public employee or a member of the immediate family of such public officer or public employee; and
(E) The term shall not include:
(i) The value of personal services performed by persons who serve voluntarily without compensation from any source;
(ii) A gift received from a member of the public officer´s immediate family;
(iii) Legal compensation or expense reimbursement provided public employees and public officers in the performance of their duties;
(iv) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia;
(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 a recipient´s nonpublic business, employment, trade, or profession;
(vii) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. An agency shall include the Georgia House of Representatives, the Georgia Senate, committees and subcommittees of such bodies, and the governing body of each political subdivision of this state;
(viii) Campaign contributions or expenditures reported as required by Article 2 of this chapter;
(ix) A commercially reasonable loan made in the ordinary course of business; or
(x) Food, beverage, or expenses afforded public officers, members of their immediate families, or others that are associated with normal and customary business or social functions or activities.
(2) 'Filed' means the delivery to the State Ethics Commission, as specified in this article, of a document that satisfies the requirements of this article. A document is considered delivered when it is placed in the United States mail within the required filing time, properly addressed to the State Ethics Commission, as specified in this article, with adequate postage affixed.
(2.1) 'Gift' means anything of value exceeding $50.00 including, but not limited to, food, beverages, lodging, travel, transportation, personal services, gratuities, subscriptions, memberships, trips, loans, extensions of credit, forgiveness of debts, or advances or deposits of money. Gift shall not include a bona fide loan made by a state or federally chartered financial institution or a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation if such loan is made in the normal course of business with the expectation on the part of all parties that such loan shall be repaid and such loan is based on the credit worthiness of the borrower and the borrower is personally liable for the repayment of the loan. The term 'gift' shall not include those items identified in division (1)(E)(vii) of this Code section. For purposes of this paragraph, reimbursement or payment of actual and reasonable expenses for food, beverages, travel, transportation, lodging, and registration for a meeting which is provided to a public officer or employee to permit such public officer´s or employees´s participation in a panel or speaking engagement at the meeting shall not be considered a gift.
(3) 'Identifiable group of public officers' means a description that is specifically determinable by available public records.
(4) 'Immediate family' means a spouse or child.
(5) 'Lobbying' means the activity of a lobbyist while 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 promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(B) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person´s own travel, food, lodging expenses, or informational material to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor;
(C) Any natural person who as an employee of the executive branch or judicial branch of state government engages in any activity covered under subparagraph (A) of this paragraph;
(D) Any natural person who, for compensation, either individually or as an employee of another person, undertakes to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph
(E) Any natural person who makes a total expenditure of more than $250.00 in a calendar year, not including the person´s own travel, food, lodging expenses, or informational material to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph
(F) Any natural person who as an employee of the executive branch or judicial branch of local government engages in any activity covered under subparagraph (D) of this paragraph
(G) Any natural person who, for compensation, either individually or as an employee of another person undertakes to influence a public officer or public body in the selection of a vendor to supply any goods or services to any state agency but does not include a person solely on the basis that such person participates in preparing a written bid, written proposal, or other document relating to a potential sale to a state agency.
(7) 'Public officer' means those public officers specified under subparagraphs (A) through (G) of paragraph
(8) 'State agency' means any branch of state government, agency, authority, department, board, bureau, commission, council, corporation, entity, or instrumentality of the state but does not include a local political subdivision, such as a county, city, or local school district or an instrumentality of such a local political subdivision.
(9) 'Vendor' means any person who sells to or contracts with a state agency.
21-5-71.
(a) No person shall engage in lobbying as defined by this article unless such person is registered with the State Ethics Commission as a lobbyist. The administration of this article is vested in the State Ethics Commission.
(b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant´s name, address, and telephone number;
(2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf;
(3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents;
(4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization;
(5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf.21-5-73
(6) If the applicant is a lobbyist within the meaning of subparagraph (G) of paragraph (6) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying.
(c) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), and (4) of subsection (b) of this Code section.
(d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference.
(e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent.
(f)(1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00.
(2) The commission shall collect the following fees:
|
(A) Annual lobbyist registration filed pursuant to this
Code section
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$ 200.00
|
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(B) Lobbyist supplemental registration filed pursuant to
this Code section
|
10.00
|
|
(C) Each lobbyist identification card issued pursuant to
this Code section
|
5.00
|
|
(D) In addition to other penalties provided under this
chapter, a filing fee of $50.00 shall be imposed for each report that is filed
late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day
after the due date if the report has still not been filed.
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(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word 'LOBBYIST.' Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner.
(h) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public.
(i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses personal views, on that individual´s own behalf, to any public officer;
(2) Any person who appears before a public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section;
(3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity;
(4) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state;
(5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying;
(6) Elected public officers performing the official duties of their public office; and
(7) A public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators.
21-5-72.
(a) In addition to other penalties provided in this article, the commission may by order deny, suspend, or revoke for a period not to exceed one year the registration of a lobbyist if it finds that the lobbyist:
(1) Has filed an application for registration with the commission which was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or willfully failed to comply with this article or a rule promulgated by the commission under this article;
(3) Has failed to comply with the reporting requirements of this article; or
(4) Has engaged in lobbying practices in violation of this article.
(b) Application may be made to the commission for reinstatement. Such reinstatement shall be conducted in the same manner as required for an initial registration under this article and shall be conditioned upon payment of the same registration fees applicable to an initial registration and also any outstanding penalty fees.
(c) Any person failing to comply with or violating any of the provisions of this article shall be subject to a civil penalty not to exceed $2,000.00 per violation.
21-5-73.
(a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section.
(b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (6) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month,
(c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (6) of Code Section 21-5-70 shall:
(1)
(2)
(1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist,
(A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group;
(B) The amount, date, and description of the expenditure;
(C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the 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 in support of or opposition to which the expenditure was made;
(2) The names of any members of the immediate family of a public officer employed by or whose professional services are paid for by the lobbyist during the reporting period; and
(3) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (6) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts.
(f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections.
21-5-74.
A lobbyist shall not be eligible for legislative or executive appointment to any board, commission, or bureau created and established by the laws of this state which regulates the activities of a business, firm, corporation, or agency that the lobbyist represented until one year after the expiration of the lobbyist´s registration.
21-5-75.
A lobbyist shall not make gifts as defined in paragraph (2.1) of Code Section 21-5-70 to any public officer or employee nor to any person on such public officer´s or employee´s staff nor to the public officer´s or employee´s family. If a gift is accepted, it must be returned or reimbursed to the donor. Where appropriate for purposes of tradition, ceremony, or intergovernmental relations or when acting as a representative of a department, board, bureau, agency, commission, or authority, a public officer or employee may accept a gift on behalf of such department, board, bureau, agency, commission, or authority. If the gift retains value after its acceptance, the public officer or employee must maintain custody of the gift no longer than reasonably necessary to arrange for the transfer of custody of the gift to the public officer´s or employee´s department, board, bureau, agency, commission, or authority or to a charitable organization on behalf of such department, board, bureau, agency, commission, or authority."
SECTION 2.
Title 36 of the Official Code of Georgia Annotated, relating
to local government, is amended by striking paragraph (2.1) of Code Section
36-67A-1, relating to definitions for conflicts of interest in zoning actions,
and inserting in lieu thereof the
following:
"(2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph(6) (7) of Code Section
21-5-3."
"(2.1) 'Campaign contribution' means a 'contribution' as defined in paragraph
SECTION 3.
Title 42 of the Official Code of Georgia Annotated, relating
to penal institutions, is amended by adding a new Code section immediately
following Code Section 42-2-14, to be designated Code Section 42-2-15, to read
as
follows:
"42-2-15.
(a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to appear before the board or department on behalf of a person under the jurisdiction of the board or department or advocate for a decision on behalf of such person. Nothing in this Code section shall be construed so as to prohibit:
(1) Members of the General Assembly or state elected or appointed officials from appearing before the board or department when their official duties require them to do so;
(2) Members of the General Assembly or state elected or appointed officials from requesting information from the board or department;
(3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board or department, so long as the correspondence or communications are forwarded in substantially the same form in which they were received;
(4) Members of the General Assembly who are attorneys representing probationers from appearing before the board or department in connection with a probation revocation hearing; or
(5) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender while acting in his or her official capacity.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
"42-2-15.
(a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to appear before the board or department on behalf of a person under the jurisdiction of the board or department or advocate for a decision on behalf of such person. Nothing in this Code section shall be construed so as to prohibit:
(1) Members of the General Assembly or state elected or appointed officials from appearing before the board or department when their official duties require them to do so;
(2) Members of the General Assembly or state elected or appointed officials from requesting information from the board or department;
(3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board or department, so long as the correspondence or communications are forwarded in substantially the same form in which they were received;
(4) Members of the General Assembly who are attorneys representing probationers from appearing before the board or department in connection with a probation revocation hearing; or
(5) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender while acting in his or her official capacity.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."
SECTION 4.
Said title is further amended by striking Code Section
42-9-17, relative to appearances before the Board of Pardons and Paroles by
members of the General Assembly or state elected or appointed officials, and
inserting in lieu thereof the
following:
"42-9-17.
(a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official toaccept any compensation for appearing
before contact the board in behalf of with
respect to a person under the jurisdiction of the board and for
seeking a decision on behalf of the person. Nothing in this Code
section shall be construed so as to prohibit:
(1) Members of the General Assembly or state elected or appointed officials from appearing before the board when their official duties require them to do so;or
(2) Members of the General Assembly or state elected or appointed officials from requesting information fromand presenting information to the board on behalf
of constituents when no compensation, gift, favor, or anything of value is
accepted, either directly or indirectly, for such
services;
(3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board, so long as the correspondence or communications are forwarded in substantially the same form in which they were received;
(4) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender while acting in his or her official capacity; or
(5) Members of the General Assembly who are attorneys representing clients from appearing before the board.
(b) Nothing in subsection (a) of
this Code section shall be construed to apply to the acceptance of compensation,
expenses, and allowances received by members of the General Assembly or any
other state elected or appointed official for their duties as such members or
officials.
(c)(b) Any
person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor."
"42-9-17.
(a) It shall be unlawful for members of the General Assembly or any other state elected or appointed official to
(1) Members of the General Assembly or state elected or appointed officials from appearing before the board when their official duties require them to do so;
(2) Members of the General Assembly or state elected or appointed officials from requesting information from
(3) Members of the General Assembly or state elected or appointed officials from forwarding correspondence or communications received from third parties to the board, so long as the correspondence or communications are forwarded in substantially the same form in which they were received;
(4) The Attorney General, assistant attorney general, judge, district attorney, assistant district attorney, solicitor-general, assistant solicitor-general, or public defender while acting in his or her official capacity; or
(5) Members of the General Assembly who are attorneys representing clients from appearing before the board.
SECTION 5.
Title 45 of the Official Code of Georgia Annotated, relating
to public officers, is amended by striking Code Section 45-1-4, relating to
complaints or information regarding fraud, waste, and abuse in state programs
and operations, and inserting in its place a new Code Section 45-1-4 to read as
follows:
"45-1-4.
(a) As used in this Code section, the term:
(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations.
(2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance.
(1)(3) 'Public
employee' means any person who is employed by the executive, judicial, or
legislative branch of the state or by any other department, board, bureau,
commission, authority, or other agency of the state except the office of
the Governor, the judicial branch, or the legislative branch. This
term also includes all employees, officials, or administrators of any agency
covered under the State Merit System of Personnel Administration and any local
or regional governmental entity that receives any funds from the State of
Georgia or any state
agency.
(2)(4) 'Public
employer' means the executive, judicial, or legislative branch of the
state and or any other department, board, bureau,
commission, authority, or other agency of the state which employs or appoints a
public employee or public employees except the office of the Governor,
the judicial branch, or the legislative branch or any local or
regional governmental entity that receives any funds from the State of Georgia
or any state agency.
(5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment.
(6) 'Supervisor' means any individual:
(A) To whom a public employer has given authority to direct and control the work performance of the affected public employee;
(B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or
(C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation.
(b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer.
(c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure.
(d) No action against any public
employee shall be taken or threatened by any public employer who has authority
to take, direct others to take, recommend, or approve any personnel action as a
reprisal for making a complaint or disclosing information to the public employer
unless the complaint was made or the information was disclosed with the
knowledge that it was false or with willful disregard for its truth or
falsity.
(d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency.
(2) No public employer shall retaliate against a public employee for disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure or threatened disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity.
(3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation.
(4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law.
(e) Any action
taken in violation of subsection (d) of this Code section shall give the public
employee a right to have such action set aside in a proceeding instituted in the
superior court.
(e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier.
(2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section;
(B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position;
(C) Reinstatement of full fringe benefits and seniority rights;
(D) Compensation for lost wages, benefits, and other remuneration; and
(E) Any other compensatory damages allowable at law.
(f) A court may award reasonable attorney´s fees, court costs, and expenses to a prevailing public employee."
"45-1-4.
(a) As used in this Code section, the term:
(1) 'Government agency' means any agency of federal, state, or local government charged with the enforcement of laws, rules, or regulations.
(2) 'Law, rule, or regulation' includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance.
(5) 'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by a public employer of a public employee or any other adverse employment action taken by a public employer against a public employee in the terms or conditions of employment.
(6) 'Supervisor' means any individual:
(A) To whom a public employer has given authority to direct and control the work performance of the affected public employee;
(B) To whom a public employer has given authority to take corrective action regarding a violation of or noncompliance with a law, rule, or regulation of which the public employee complains; or
(C) Who has been designated by a public employer to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation.
(b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer.
(c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure.
(d)(1) No public employer shall make, adopt, or enforce any policy or practice preventing a public employee from disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency.
(2) No public employer shall retaliate against a public employee for disclosing or threatening to disclose a violation of or noncompliance with a law, rule, or regulation to either a supervisor or a government agency, unless the disclosure or threatened disclosure was made with knowledge that the disclosure was false or with reckless disregard for its truth or falsity.
(3) No public employer shall retaliate against a public employee for objecting to, or refusing to participate in, any activity, policy, or practice of the public employer that the public employee has reasonable cause to believe is in violation of or noncompliance with a law, rule, or regulation.
(4) Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or practices which implement, or to actions by public employers against public employees who violate, privilege or confidentiality obligations recognized by constitutional, statutory, or common law.
(e)(1) A public employee who has been the object of retaliation in violation of this Code section may institute a civil action in superior court for relief as set forth in paragraph (2) of this subsection within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier.
(2) In any action brought pursuant to this subsection, the court may order any or all of the following relief:
(A) An injunction restraining continued violation of this Code section;
(B) Reinstatement of the employee to the same position held before the retaliation or to an equivalent position;
(C) Reinstatement of full fringe benefits and seniority rights;
(D) Compensation for lost wages, benefits, and other remuneration; and
(E) Any other compensatory damages allowable at law.
(f) A court may award reasonable attorney´s fees, court costs, and expenses to a prevailing public employee."
SECTION 6.
Said title is further amended by adding a new part to the
end of Article 2 of Chapter 10, relating to conflicts of interest, to read as
follows:
"Part
5
45-10-80.
Any person who was a member, employee, or appointee of the legislative, executive, or judicial branch or of any other agency or authority of the state shall not act as a lobbyist in this state as defined in paragraph (6) of Code Section 21-5-70, within one year after that person leaves his or her service with the state. A person who knowingly violates this Code section shall be fined in an amount of not less than $500.00."
SECTION 7.
Said title is amended further by adding a new Code section
at the end of Article 3 of Chapter 12, relating to appointments and vacancies,
to be designated Code Section 45-12-61, to read as
follows:
"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 Section 21-5-3.
(b) No person shall be eligible for appointment by the Governor to fill a vacancy on any board, commission, or bureau created and established by the laws of this state or on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a contribution to or expenditure on behalf of the Governor or the Governor´s campaign committee either:
(1) In the 60 day period preceding the vacancy; or
(2) On or after the date the vacancy occurs and during the period of time that the vacancy is unfilled and awaiting an appointment."
"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 Section 21-5-3.
(b) No person shall be eligible for appointment by the Governor to fill a vacancy on any board, commission, or bureau created and established by the laws of this state or on the Supreme Court, the Court of Appeals, the superior courts, or the state courts if such person has made a contribution to or expenditure on behalf of the Governor or the Governor´s campaign committee either:
(1) In the 60 day period preceding the vacancy; or
(2) On or after the date the vacancy occurs and during the period of time that the vacancy is unfilled and awaiting an appointment."
SECTION 8.
This Act shall become effective on October 1, 2003, and
shall apply to all reports due on or after October 1, 2003; provided, however,
subsection (i) of Code Section 21-5-4 shall become effective upon its approval
by the Governor or upon its becoming law without such
approval.
SECTION 9.
All laws and parts of laws in conflict with this Act are
repealed.