09 LC 14
9927
Senate
Bill 96
By:
Senators Reed of the 35th, Johnson of the 1st, Hooks of the 14th and Brown of
the 26th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 21 and Title 36 of the Official Code of Georgia
Annotated, relating to ethics in government and local government, respectively,
so as to provide for ethical reforms; to provide for lobbyist training; to
eliminate the requirement that candidates for the General Assembly file copies
of their campaign disclosure reports with the election superintendent of the
county of such candidate's residence in addition to the State Ethics Commission;
to change a definition; to provide for expanded lobbyist disclosure; to change
certain provisions relating to lobbyist disclosure reports; to require lobbyist
training; to provide for the establishment of ethics panels by elected local
governing bodies of counties and municipalities and local school systems; to
provide for establishment of ethics panels by ordinance or resolution; to
provide for minimum jurisdiction, standards, and procedures; to provide for
compulsory process; to provide for practice and procedure and appeals; to
provide for sovereign immunity; to provide for reporting of compliance and
withholding of state funds for noncompliance; to provide for civil remedies and
penalties to be imposed by the State Ethics Commission in the case of
nonperformance of duties by a local ethics commission; to provide for related
matters; 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, relating to ethics in
government, is amended by revising subsection (b) of Code Section 21-5-6,
relating to the powers and duties of the State Ethics Commission, by striking
"and" at the end of paragraph (21), replacing the period at the end of paragraph
(22) with "; and", and adding a new paragraph to read as follows:
"(23)
To provide and conduct, at least semiannually, training on the duties and
responsibilities of lobbyists and the mechanics of filing and registration and
to approve curriculum for other organizations or entities to provide such
training."
SECTION
2.
Said
chapter is further amended by revising subparagraph (a)(1)(A) 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."
SECTION
3.
Said
chapter is further amended by revising paragraph (5) of Code Section 21-5-70,
relating to the definitions for public officials conduct and lobbyist
disclosure, as follows:
"(5)
'Lobbyist' means:
(A)
Any natural person who, for compensation, either individually or as an employee
of another person,
undertakes
to promote or oppose
promotes or
opposes 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
promotes or
opposes the passage of any ordinance or
resolution by a public officer specified under subparagraph (F) or (G) of
paragraph (22) of Code Section 21-5-3, or any committee of such public officers,
or the approval or veto of any such ordinance or resolution;
(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 (22) of Code Section 21-5-3, or any committee of such public officers,
or the approval or veto of any such ordinance or resolution;
(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 is hired
specifically
to undertake influencing
to
influence a public officer or state agency
in the selection of a
vender
vendor
to supply any goods or services to any state agency but does not include any
employee of the
vender
vendor
solely on the basis that such employee participates in soliciting a bid or in
preparing a written bid, written proposal, or other document relating to a
potential sale to a state agency;
or
(H)
Any natural person who, for compensation, either individually or as an employee
of another person, is hired
specifically
to undertake to promote or oppose the
passage of any rule or regulation of any state
agency;
or
(I)
Any natural person who, for compensation, either individually or as an employee
of another person, is hired by a person or entity other than a public officer or
state agency to influence such public officer or state agency; provided,
however, that such person shall not include an attorney hired to represent a
party in an administrative
proceeding."
SECTION
4.
Said
chapter is further amended by revising subsections (b) and (c) of Code Section
21-5-71, relating to lobbyist registration requirements, the application for
registration, supplemental registration, fees, identification cards, and
exemptions, as follows:
"(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;
(6)
If the applicant is a lobbyist within the meaning of subparagraph
(G),
or
(H), or
(I) of paragraph (5) of Code Section
21-5-70, the name of the state agency or agencies before which the applicant
engages in lobbying;
and
(7)
A statement disclosing each individual or entity on whose behalf the applicant
is registering if such individual or entity has agreed to pay him or her an
amount exceeding $10,000.00 in a calendar year for lobbying
activities;
and
(8)
A statement verifying that the applicant has completed, within the past 12
months, the training course described in paragraph (23) of subsection (b) of
Code Section 21-5-6.
(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), (4), (6),
and
(7), and
(8) of subsection (b) of this Code
section."
SECTION
5.
Said
chapter is further amended by revising subsection (d) of Code Section 21-5-73,
relating to lobbyist disclosure reports, as follows:
"(d)
A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G),
or
(H), or
(I) of paragraph (5) of Code Section
21-5-70 shall file a disclosure report, current through the end of the period
ending on July 31 and December 31 of each year, on or before August 5 and
January 5 of each year."
SECTION
6.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by adding a new chapter to read as follows:
"CHAPTER
93
36-93-1.
As
used in this chapter, the term 'elected local governing body' means the elected
governing authority of each county and municipality in this state and the
elected board of education of each local school district in this
state.
36-93-2.
Not
later than January 1, 2010, each elected local governing body shall provide, by
appropriate ordinance or resolution, for the establishment and operation of an
ethics panel; provided, however, that any ordinance or resolution adopted by an
elected local governing body that sets forth a mechanism for the filing, review,
and disposition of ethics complaints prior to July 1, 2009, shall satisfy the
requirements of this Code section. Such an ordinance or resolution may be
amended from time to time by the elected local governing body. The membership
and operation of the ethics panel shall be as established by the ordinance or
resolution, subject to the minimum requirements of this chapter.
36-93-3.
(a)
Each ethics panel shall have regularly scheduled meetings at least once each
calendar quarter, but a scheduled meeting may be canceled if there is no pending
complaint to be reviewed by the ethics panel and no other business to come
before the panel.
(b)
Each ethics panel shall have jurisdiction to investigate citizen complaints of
alleged unethical conduct on the part of the members of the elected local
governing body and each ethics panel created by an elected county governing
authority shall have jurisdiction to investigate citizen complaints of alleged
unethical conduct on the part of local constitutional officers elected within
the county. The enabling ordinance or resolution may, but shall not be required
to, grant to an ethics panel jurisdiction to investigate complaints of alleged
unethical conduct on the part of other officers, agents, and employees of the
elected local governing body.
(c)
Each ethics panel shall have the power to issue subpoenas to compel the
attendance and testimony of witnesses and the production of evidence germane to
its jurisdiction. Upon application of an ethics panel, the superior court shall
have jurisdiction to enforce a subpoena issued by a panel by order of the court
and to punish disobedience of any such order as contempt of court.
(d)
Each elected local governing body and each ethics panel shall enjoy sovereign
immunity from liability for the acts or omissions of an ethics
panel.
(e)
Each ethics panel shall have such jurisdiction and powers as may be specified in
the enabling ordinance or resolution, including at a minimum the power
to:
(1)
Report any suspected violation of a state criminal statute or a local ordinance
to the appropriate prosecuting attorney;
(2)
Report any suspected violation of a statute enforced by the State Ethics
Commission to the State Ethics Commission;
(3)
Report any suspected disqualification from holding office to the appropriate
officer or agency having the power to fill the vacancy;
(4)
Issue a public reprimand in any case in which it finds that a member of the
elected local governing body has violated any general law, local law, ordinance,
or policy of the elected local governing body and the violation relates to such
officer's performance of his or her duties;
(5)
Impose a civil penalty not to exceed $1,000.00 per violation in any case in
which it finds that a member of the elected local governing body has violated
any general law, local law, ordinance, or policy of the elected local governing
body and the violation relates to such officer's performance of his or her
duties;
(6)
Dismiss frivolous complaints;
(7)
Require complainants to submit a signed affidavit with each complaint;
and
(8)
Impose a civil penalty of up to $1,000.00 on complainants submitting frivolous
complaints or complaints lacking an evidentiary basis.
36-93-4.
Any
appeal from a decision of an ethics panel shall be by a de novo action in
superior court.
36-93-5.
(a)
Each elected local governing body other than a board of education shall report
its compliance with the requirements of this chapter to the State Ethics
Commission. In the event an affected local government fails to act in
accordance with this chapter by January 1, 2010, the affected local government
shall be ineligible for any state funds administered by the Department of
Community Affairs until the noncompliance is cured.
(b)
Each local board of education shall report its compliance with the requirements
of this chapter to the Department of Education, in such manner as may be
specified by the department, no later than January 1, 2010. In the case of
noncompliance, the department shall withhold a portion of state funds otherwise
payable to the affected local school system, as specified by the State Board of
Education, until the noncompliance is cured.
36-93-6.
Any
member or members of an ethics panel who willfully fail to provide a hearing on
any complaint or otherwise willfully fail to carry out the duties of the ethics
panel shall be subject to removal by the body appointing such panel
member."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.