09 LC
14 9949
Senate
Bill 70
By:
Senators Hooks of the 14th, Adelman of the 42nd, Jackson of the 2nd, Harbison of
the 15th, Ramsey, Sr. of the 43rd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia
Annotated, relating to campaign finance regulation and disclosure, so as to
require special expedited reporting of certain campaign contributions; to
provide that the contributions subject to such reporting shall be those where
there exists a contractual, grant, or regulatory relationship between the
contributor and the office of the public officer or candidate for public office;
to define terms; to provide for the manner and contents of reports; to provide
for civil enforcement; to provide for other related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to campaign finance regulation and disclosure, is amended by adding a new Code
section as follows:
"21-5-31.
(a)
A contribution shall be specially reported under this Code section if any of the
following circumstances exist:
(1)
The contribution is made by a business entity and relates to a public office
having supervisory authority over an agency and:
(A)
The business entity has had any contract with the agency within a period of two
years immediately prior to the date of the contribution;
(B)
The business entity is seeking a contract with the agency at the time of the
contribution or has sought a contract with the agency within a period of two
years immediately prior to the date of the contribution;
(C)
The business entity has received a grant from the agency within a period of two
years immediately prior to the date of the contribution;
(D)
The business entity is seeking a grant from the agency at the time of the
contribution or has sought a grant from the agency within a period of two years
immediately prior to the date of the contribution; or
(E)
The business entity is any manner regulated by the agency or the public
office;
(2)
The contribution is made by:
(A)
A person having a substantial interest in a business entity which would be
required to report the contribution under paragraph (1) of this subsection if
the business entity made the contribution; or
(B)
A member of the family of a person described in subparagraph (A) of this
paragraph;
(3)
The contribution is made by:
(A)
An executive officer or fiduciary of a business entity which would be required
to report the contribution under paragraph (1) of this subsection if the
business entity made the contribution; or
(B)
A member of the family of a person described in subparagraph (A) of this
paragraph;
(4)
The contribution is made by:
(A)
An affiliated corporation of a business entity which would be required to report
the contribution under paragraph (1) of this subsection if the business entity
made the contribution;
(B)
A person having a substantial interest in an affiliated corporation described in
subparagraph (A) of this paragraph or a member of the family of such a person;
or
(C)
An executive officer or fiduciary of an affiliated corporation described in
subparagraph (A) of this paragraph or a member of the family of such a person;
or
(5)
The contribution is made by a political action committee of which a connected
organization is a business entity which would be required to report the
contribution under paragraph (1) of this subsection if the business entity made
the contribution.
(b)
For purposes of subsection (a) of this Code section, a contribution relates to a
public office if the contribution is made to:
(1)
The public officer holding that public office or the campaign committee of that
public officer;
(2)
A candidate for that public office or the campaign committee of a person seeking
that public office; or
(3)
An employee of an agency over which that public officer exercises any
supervisory authority.
(c)
As used in this Code section, any term defined in Code Section 21-5-3 shall have
the meaning provided in that Code section; and the term:
(1)
'Agency' shall have the meaning provided in Code Section 21-5-30.2.
(2)
'Substantial interest' means the direct or indirect ownership of 10 percent or
more of the assets or stock of any business entity.
(d)
A contribution which is subject to special reporting under this Code section
shall be the subject of a disclosure report to be filed with the commission
within two business days after the date of the contribution. The report shall
be filed electronically in the manner specified by the commission. Each of the
following shall have the duty to file the report to the extent that each knew or
reasonably should have known of facts giving rise to the requirement to
report:
(1)
The person making the contribution; and
(2)
The business entity described in paragraph (1) of subsection (a) of this Code
section.
If
both knew or should have known of such facts, then both shall have a duty to
file.
(e)
The disclosure report shall state:
(1)
The name, address, and telephone number of the person or persons having the duty
to file the report;
(2)
The name, address, and telephone number of the recipient of the contribution;
and
(3)
A description of any and all contracts or grants, existing or sought, triggering
a disclosure requirement under subsection (a) of this Code section, including
the general nature of the contract or grant, the date the contract or grant was
entered into, the date the contract or grant became effective, the date the
contract or grant was or will be terminated or complete, and the general terms
of the contract or grant including the consideration and compensation in a
contract.
(f)
This provisions of this Code section shall not apply to a one-time, nonrecurring
contract or grant in an amount under $250.00.
(g)
Any person violating any of the provisions of this Code section shall be subject
to a civil penalty, which shall not exceed the greater of the amount of the
contribution or the value of the contract or grant, existing or
sought.
(h)
Any contract or grant that results from a violation of this article shall be
voidable by the
commission."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.