Bill Text: GA HB1105 | 2011-2012 | Regular Session | Introduced
Bill Title: Ethics in Government Act; substantially revise; rename Georgia Government Transparency and Campaign Finance Commission as the State Ethics Commission
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2012-02-23 - House Second Readers [HB1105 Detail]
Download: Georgia-2011-HB1105-Introduced.html
12 LC
35 2521
House
Bill 1105
By:
Representatives Smith of the
168th,
Black of the
174th,
Sims of the
169th,
Hatfield of the
177th,
Oliver of the
83rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to ethics in government, so as to substantially revise the "Ethics in Government
Act"; to rename the Georgia Government Transparency and Campaign Finance
Commission as the State Ethics Commission; to change provisions relating to
public officials' conduct and lobbyist disclosure; to change provisions relating
to postemployment restrictions on public officers; to amend Title 45 of the
Official Code of Georgia Annotated, relating to public officers and employees,
so as to conform certain cross-references; 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:
I.
Election Reform.
Election Reform.
SECTION
1.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in
government, is amended by revising Code Section 21-5-70, relating to definitions
for provisions relating to public officials' conduct and lobbyist disclosure, as
follows:
"(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, specifically including any such
transaction which is made on behalf of or for the benefit of a public employee
for the purpose of influencing a public officer;
(B)
Includes any other form of payment when such can be reasonably construed as
designed to encourage or influence a public officer;
(B.1)
Includes reimbursement or payment of actual and reasonable expenses provided to
a public officer for transportation, travel, lodging, registration, food,
beverages, and other activities related to attending a meeting or conference so
as to permit such public officer's participation in such meeting or
conference;
(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 family of such public officer or public
employee;
and
(D.1)
Includes any such transaction or expenditure as provided in subparagraph (A),
(B), (B.1), or (C) of this paragraph made to a family member of a public officer
or made to an employee or staff member of such officer who works in support of
the public office in which such officer serves; 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 family;
(iii)
Legal compensation or expense reimbursement provided to public employees and to
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;
(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; or
(xi)
Transportation unless a lobbyist arranges for or participates in such
transportation.
(2)
'Filed' means the delivery to the commission, as specified in this article, of a
document that satisfies the requirements of this article. A document is
considered delivered when it is electronically delivered to the commission or
placed in the United States mail within the required filing time, properly
addressed to the commission, as specified in this article, with adequate postage
affixed.
(3)
'Identifiable group of public officers' means a description that is specifically
determinable by available public records.
(4)
'Lobbying' means the activity of a lobbyist while acting in that capacity
and shall not
include activity of persons who are not lobbyists and who make an expenditure
for reasons unrelated to the promotion or passage of legislation or to influence
a public officer.
(5)
'Lobbyist' means, subject to the qualifications at the end of this
paragraph:
(A)
Any natural person who, either individually or as an employee of another person,
is compensated specifically for undertaking 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 $1,000.00 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, either individually or as an employee of another person,
is compensated specifically for undertaking 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;
(E)
Any natural person who makes a total expenditure of more than $1,000.00 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 a public
officer or state agency in the selection of a vendor to supply any goods or
services to any state agency but does not include any employee or independent
contractor of the vendor solely on the basis that such employee or independent
contractor 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 and shall not include a bona fide salesperson who sells to or contracts
with a state agency for goods or services and who does not otherwise engage in
activities described in subparagraphs (A) through (F) or (H) through (J) of this
paragraph;
(H)
Any natural person who, either individually or as an employee of another person,
is compensated specifically for undertaking to promote or oppose the passage of
any rule or regulation of any state agency;
(I)
Any natural person who, either individually or as an employee of another person,
is compensated specifically for undertaking to promote or oppose any matter
before the State Transportation Board; or
(J)
Any natural person who makes a total expenditure of more than $1,000.00 in a
calendar year, not including the person's own travel, food, lodging expenses, or
informational material, to promote or oppose any matter before the State
Transportation Board.
The
provisions of subparagraphs (A), (C), (D), (F), (G), (H), and (I) of this
paragraph shall apply only where the person in question spends more than 10
percent of his or her working hours engaged in the activities described in one
or more of those subparagraphs. In the case of a person who is employed by a
single employer, the 10 percent test shall be applied to all time worked for
that employer. In the case of a person who is employed by more than one
employer or retained by more than one client, the 10 percent test shall be
applied separately with respect to time spent working for each employer and each
client. A person who spends less than 10 percent of his or her time working for
an employer or client engaged in such activities shall not be required to
register as or be subject to regulation as a lobbyist for that employer or
client. In applying the 10 percent test, time spent in planning, researching,
or preparing for activities described in subparagraphs (A), (C), (D), (F), (G),
(H), and (I) of this paragraph shall be counted as time engaged in such
activities. When registration is required, the time of registration shall be as
provided in Code Section 21-5-71.
(6)
'Public officer' means a member of the State Transportation Board and those
public officers specified under paragraph (22) of Code Section 21-5-3, except as
otherwise provided in this article and also includes any public officer or
employee who has any discretionary authority over, or is a member of a public
body which has any discretionary authority over, the selection of a vendor to
supply any goods or services to any state agency.
(7)
'State agency' means any branch of state government or any agency, authority,
department, board, bureau, commission, council, corporation, entity, or
instrumentality of this state or of a local political subdivision of this
state.
(8)
'Vendor' means any person who sells to or contracts with any state agency for
the provision of any goods or services."
SECTION
2.
Said
chapter is further amended by revising subsection (f) of Code Section 21-5-71,
relating to registration of lobbyists, applications for registration,
supplemental registration, expiration, docket, fees, identification cards,
public rosters, and exemptions, as follows:
"(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.
(2)
The commission shall collect the following fees:
(A)
Annual lobbyist registration or renewal filed pursuant to
this
Code
section $300.00
$150.00
(B)
Lobbyist supplemental registration filed pursuant to
this
Code
section 10.00
50.00
(C)
Each copy of a lobbyist identification card issued pursuant to
this
Code section 20.00
(D)(i)
For reports filed when the General Assembly is not in session, in addition to
other penalties provided under this chapter, a late fee of $275.00 shall be
imposed for each report that is filed late. In addition, a late fee of
$1,000.00 shall be imposed on the fifteenth day after the due date for such
report if the report has not been filed. A late fee of $10,000.00 shall be
imposed on the forty-fifth day after the due date for such report if the report
has not been filed.
(ii)
The commission shall retain $25.00 of the first late fee received for processing
pursuant to the provisions of Code Section 45-12-92.1.
(E)(i)
For reports filed when the General Assembly is in session, in addition to other
penalties provided under this chapter, a late fee of $275.00 shall be imposed
for each report that is filed late. In addition, a late fee of $1,000.00 shall
be imposed on the seventh day after the due date for such report if the report
has not been filed. A late fee of $10,000.00 shall be imposed on the
twenty-first day after the due date for such report if the report has not been
filed.
(ii)
The commission shall retain $25.00 of the first late fee received for processing
pursuant to the provisions of Code Section 45-12-92.1."
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section 21-5-73,
relating to disclosure reports, as follows:
"(a)(1)
Except as provided in this paragraph, no lobbyist shall make any expenditure to
a public officer, an employee or a staff member of a public officer who works in
support of the public office in which such officer serves, or a member of the
family of a public officer in an amount exceeding $100.00 within a 24 hour
period; provided, however, that, except as provided in paragraph (2) of this
subsection, any reimbursement or payment of actual and reasonable expenses
provided to a public officer or a family member, employee, or staff member of a
public officer for transportation, travel, lodging, registration, food,
beverages, and other activities related to attending a meeting or conference so
as to permit a public officer's participation in such meeting or conference
shall be limited to not more than $2,000.00 per event.
(2)
A person working for a business, corporation, association, organization, or
similar group or entity where such group or entity provides compensation to a
lobbyist shall be prohibited from making an expenditure as provided in paragraph
(1) of this subsection.
(3)
There is created a Joint Accountability Review Committee within the General
Assembly consisting of five members of the House of Representatives to be
appointed by the Speaker of the House of Representatives, one of whom shall be
an administrative floor leader of the House of Representatives, and five members
of the Senate to be appointed by the Lieutenant Governor, one of whom shall be
an administrative floor leader of the Senate. The Speaker of the House of
Representatives shall appoint from the members of the committee a person to
serve as chairperson of the committee in even-numbered years, and the Lieutenant
Governor shall appoint from the members of the committee a person to serve as
chairperson of the committee in odd-numbered years. The purpose of the
committee shall be to review requests by public officers or their public staff
members or employees for reimbursement or payment of actual expenses provided
for transportation, travel, lodging, registration, food, beverages, and other
activities related to attending a meeting or conference where such expenses
exceed $2,000.00. Such reimbursements or payments shall be approved if the
attendance at such meeting or conference is related to education or public
policy or economic or cultural development. Approval shall be given by majority
vote of the members of the committee. The members' votes may be taken by
telephone as provided by committee rule. The limitation on expenditures
provided for in this subsection shall not apply to any expenditures approved by
the committee.
(4)
When calculating expenditures limited by this subsection, expenditures made to a
family member shall be combined with any amounts made to a public officer;
however, expenditures made to a staff member or employee shall be separately
calculated.
(a.1)
Each lobbyist registered under this article shall file disclosure reports as
provided for in this Code section in the electronic format specified by the
commission."
II.
The "State Ethics Commission."
The "State Ethics Commission."
SECTION
4.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in
government, is amended by revising paragraph (5) of Code Section 21-5-3,
relating to definitions for general provisions relating to ethics in government,
as follows:
"(5)
'Commission' means the
Georgia
Government Transparency and Campaign
Finance
State
Ethics Commission created under Code
Section 21-5-4."
SECTION
5.
Said
chapter is further amended by revising Code Section 21-5-4, relating to the
Georgia Government Transparency and Campaign Finance Commission, membership,
officers, quorum, and meetings, as follows:
"21-5-4.
(a)
The Georgia
Government Transparency and Campaign
Finance
State
Ethics Commission shall be a successor to
the State
Ethics
Georgia
Government Transparency and Campaign
Finance Commission, with such duties and
powers as are set forth in this chapter. As the successor commission, it shall
have all the powers and duties granted to the
State
Ethics
Georgia
Government Transparency and Campaign
Finance Commission in all matters pending
before the
State
Ethics
Georgia
Government Transparency and Campaign
Finance Commission and may continue to
investigate, prosecute, and act upon all such matters.
(b)
The commission shall be governed by five members appointed as follows: three
members, not more than two of whom shall be from the same political party, shall
be appointed by the Governor, two for terms of three years and one for a term of
two years; one member shall be appointed by the Senate Committee on Assignments
for a term of four years; and one member shall be appointed by the Speaker of
the House of Representatives for a term of four years. Upon the expiration of a
member's term of office, a new member, appointed in the same manner as the
member whose term of office expired as provided in this subsection, shall become
a member of the commission and shall serve for 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 the committee that appointed
the vacating member. Members of the commission shall not serve for more than
one complete term of office.
(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;
(4)
Is currently a lobbyist or has served as a lobbyist within five years of such
person's appointment;
(5)
Is receiving or has received within five years of such person's appointment
compensation from a lobbyist group, organization, or firm or another lobbyist;
or
(6)
Has a family member who is currently a lobbyist
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 be reimbursed in an amount equal to the per diem received by the
General Assembly for each day or portion thereof spent in serving as members of
the commission. They shall be paid their necessary traveling expenses while
engaged in the business of the commission.
(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."
SECTION
6.
Said
chapter is further amended by revising subsection (a) of Code Section 21-5-6,
relating to the powers and duties of the Georgia Government Transparency and
Campaign Finance Commission, as follows:
"(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
specifically
authorized in
necessary to
implement the purposes and requirements 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 powers specifically authorized to
it in this chapter."
SECTION
7.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising paragraph (1) of subsection (a) of Code
Section 45-1-6, relating to gifts to employees by vendors, disclosure, and
reports, as follows:
"(1)
'Commission' means the
Georgia
Government Transparency and Campaign
Finance
State
Ethics Commission created under Code
Section 21-5-4."
SECTION
8.
Said
title is further amended by revising Code Section 45-7-7, relating to
compensation and allowances of certain officials not to be changed without
giving public notice, as follows:
"45-7-7.
(a)
The compensation or allowances of the officials listed in subsection (b) of this
Code section shall not be changed by the governing board or body having the
authority to do so unless public notice of such proposed action and amount shall
have been given at least 30 days prior to the date such board or body shall
consider such action and unless notice of such proposed change shall have
likewise been given to the Governor by the board or body at least 30 days prior
to the date of such proposed change.
(b)
Subsection (a) of this Code section shall apply to the compensation and
allowances of the commissioner of community affairs, the director of the
Employees' Retirement System of Georgia, the director of the State Forestry
Commission, the director of the Georgia Bureau of Investigation, the executive
director of the Georgia Franchise Practices Commission, the commissioner of
human services, the commissioner of economic development, the commissioner of
natural resources, the commissioner of public safety, the chancellor of the
University System of Georgia, the president or executive director of the Georgia
Student Finance Commission, the executive director of the State Soil and Water
Conservation Commission, the executive secretary-treasurer of the Teachers
Retirement System of Georgia, the commissioner of transportation, and the
executive director of the
Georgia
Government Transparency and Campaign
Finance
State
Ethics Commission."
SECTION
9.
Said
title is further amended by revising subsection (a) of Code Section 45-10-26,
relating to public officials and employees to file yearly disclosure statements
concerning business transactions with the state and statements to be public
records, as follows:
"(a)
Except as provided in subsection (b) of this Code section, any public official
or employee, whether for himself, herself, or on behalf of any business, or any
business in which such public official or employee or any member of his or her
family has a substantial interest who transacts business with the state or any
agency thereof shall disclose such transactions. Such disclosure shall be
submitted prior to January 31 each year to the
Georgia
Government Transparency and Campaign
Finance
State
Ethics Commission on such forms as it
shall prescribe and shall include an itemized list of the previous year's
transactions with the dollar amount of each transaction reported and totaled.
Such disclosure statements shall be public records."
III.
Conduct of public officials.
Conduct of public officials.
SECTION
10.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in
government, is amended in subsection (a) of Code Section 21-5-50, relating to
filing financial disclosure statements by public officers, candidates for public
office, elected officials and members of the General Assembly, electronic
filing, and transfer of filings from the Secretary of State to the commission,
by adding a new paragraph to read as follows:
"(7)
Any public officer or any person serving either as a member of a state board,
commission, or authority or as the head or executive director of a state
department, bureau, agency, authority, or other similarly designated state
entity, including the members of the Board of Regents of the University System
of Georgia, shall file with the commission not before the first day of January
nor later than July 1 of each year in which such person holds office a financial
disclosure statement for the preceding calendar year. In addition, each such
public officer shall file with the commission, together with the financial
disclosure statement, an affidavit confirming that he or she took no official
action in the previous calendar year that had a material effect on such public
officer's private financial or business
interests."
SECTION
11.
Said
chapter is further amended by revising Code Section 21-5-75, relating to
postemployment restrictions on public officers, as follows:
"21-5-75.
(a)
Except as provided in subsection (b) of this Code section, on and after
January 8,
2007
July 1,
2012, persons identified in subparagraphs
(A) through (D) of paragraph (22) of Code Section 21-5-3 and the executive
director of each state board, commission, or authority shall be prohibited from
registering as a lobbyist or engaging in lobbying under this article for a
period of
one
year
two
years after terminating such employment or
leaving such office.
(b)
The lobbying prohibition contained in subsection (a) of this Code section shall
not apply to persons who terminate such employment or leave such office but who
remain employed in state government."
IV.
Effective date and repealer.
Effective date and repealer.
SECTION
12.
This
Act shall become effective on July 1, 2012.
SECTION
13.
All
laws and parts of laws in conflict with this Act are repealed.