09 LC
14 0013
House
Bill 551
By:
Representative Wilkinson of the
52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the
"Ethics in Government Act," so as to change certain provisions regarding filing
campaign disclosure reports and financial disclosure reports; to clarify the
application of criminal law to knowing and willful falsification in an
electronic filing; to eliminate duplicate copy filing of certain disclosure
reports with county election superintendents; to provide that electronic filing
shall constitute an affirmation that a report is true, complete, and correct and
that no written affirmation shall be required for electronic filings; to provide
for related matters; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in
Government Act," is amended by adding a new Code section to read as
follows:
"21-5-9.1.
(a)
When any provision of this chapter provides that the making of an electronic
filing constitutes an affirmation that the filing is true, complete, and
correct, any person who knowingly and willfully makes or causes to be made a
false, fictitious, or fraudulent statement, report, or representation in such
electronic filing shall, upon conviction thereof, be punished by a fine of not
more than $1,000.00 or by imprisonment for not less than one nor more than five
years, or both.
(b)
It is the intention of this Code section to adopt the existing body of law under
Code Section 16-10-20 and to clearly and expressly provide that falsification in
an electronic filing under this chapter is equivalent to falsification in a
document under that Code section. This Code section shall not be construed to
imply that Code Section 16-10-20 does not apply to electronic transactions in
other contexts."
SECTION
2.
Said
chapter is further amended by revising subparagraph (a)(1)(A) and the
introductory language of subsection (e) of Code Section 21-5-34, relating to
disclosure reports, as follows:
"(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, state-wide proposed question, or state-wide referendum shall sign and
file with the commission the required campaign contribution disclosure reports.
A candidate
for membership in the General Assembly or the chairperson or treasurer of such
candidate's campaign committee shall file such candidate's reports with the
commission and a copy of such report with the election superintendent of the
county of such candidate's
residence."
"(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 commission in the same manner as is required of campaign
committees prior to accepting or making contributions or expenditures. Such
persons, other than independent committees, shall also file campaign
contribution disclosure reports in the same places and at the same times as
required of the candidates they are
supporting,
but such persons shall not be required to file copies of campaign contribution
disclosure reports with local election superintendents as is required of
candidates for membership in the General
Assembly. The following persons shall be
exempt from the foregoing registration and reporting
requirements:"
SECTION
3.
Said
chapter is further amended in Code Section 21-5-34.1, relating to filing
campaign contribution disclosure reports electronically, by revising subsection
(e) as follows:
"(e)
When
campaign contribution disclosure reports are filed electronically as provided in
subsections (a) through (d) of this Code section, the filer shall only submit to
the commission a notarized affidavit certifying that the electronic filing is
correct by United States mail, with adequate postage
affixed.
The electronic
filing of any campaign contribution disclosure report required under this
article shall constitute an affirmation that the report is true, complete, and
correct."
SECTION
4.
Said
chapter is further amended in Code Section 21-5-50, relating to filing of
financial disclosure statements by public officers and candidates, by revising
subsection (e) as follows:
"(e)
Where the
financial disclosure statements required by paragraph (1) of subsection (a) of
this Code section are filed electronically, the public officer, as that term is
defined in subparagraphs (A) through (E) of paragraph (22) of Code Section
21-5-3, shall file a notarized affidavit certifying that the electronic filing
is correct and no paper copy of the financial disclosure statement shall be
required to be filed.
The electronic
filing of any financial disclosure statement required under this article shall
constitute an affirmation that the statement is true, complete, and
correct."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-5-51, relating to
verification of financial disclosure statements, and Code Section 21-5-52,
relating to mail filing of financial disclosure statements, as
follows:
"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, unless
filed electronically in which case the electronic filing shall constitute an
affirmation that the statement is true, complete, and correct.
21-5-52.
(a)
The mailing of the notarized financial disclosure affidavit 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 proof of filing
when the
disclosure statement is not filed
electronically.
(b)
It shall be the duty of the commission or any other officer or body which
receives for filing any 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."
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.