Bill Text: GA HB1105 | 2011-2012 | Regular Session | Introduced

Georgia House Bill 1105 (Prior Session Legislation)

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

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.

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

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."

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.

(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.

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.

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.