Bill Text: GA SB160 | 2011-2012 | Regular Session | Engrossed
Bill Title: Elections; public utility corporations; political campaigns
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-12 - Effective Date [SB160 Detail]
Download: Georgia-2011-SB160-Engrossed.html
11 LC 36 1861S
(SCS)
Senate
Bill 160
By:
Senators Balfour of the 9th, Hooks of the 14th, Staton of the 18th, Davis of the
22nd, Murphy of the 27th 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 contributions, so as to authorize public utility
corporations that are regulated by the Public Service Commission to make
political campaign contributions; to provide for exceptions; to prohibit certain
contributions to candidates for and members of the Public Service 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.
Article
2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to campaign contributions, is amended by revising subsection (f) of Code Section
21-5-30, relating to contributions made to candidate or campaign committee or
for recall of a public officer, as follows:
"(f)(1)
A person
acting on behalf of
For purposes
of this subsection, the term:
(A)
'Public utility corporation regulated by the Public Service Commission'
includes, but is not limited to, an electric membership
corporation.
(B)
'Electric membership corporation' means a public utility corporation regulated
by the Public Service Commission operating as an electric membership corporation
under the provisions of Article 4 of Chapter 3 of Title 46.
(2)
Except as limited by Code Section 21-5-30.1 or this
subsection, a public utility corporation
regulated by the Public Service Commission shall
not make,
directly or indirectly, any contribution
be allowed to
make contributions to
a
political
campaign
campaigns.
This
subsection shall not apply to motor carriers whose rates are not regulated by
the Public Service Commission. Any person who knowingly violates this
subsection with respect to a member of the Public Service Commission, a
candidate for the Public Service Commission, or the campaign committee of a
candidate for the Public Service Commission shall be guilty of a felony and
shall be punished by imprisonment for not less than one nor more than five years
or by a fine not to exceed $10,000.00, or both; and any person who knowingly
violates this subsection with respect to any other public officer, a candidate
for such other public office, or the campaign committee of a candidate for such
other public office shall be guilty of a
misdemeanor
Any
contributions made by a public utility corporation regulated by the Public
Service Commission to a political campaign shall not be included as recoverable
costs in any rate-making or rate-setting proceedings before the Public Service
Commission. Notwithstanding the provisions of this Code section or any other
provision of law to the contrary, no electric membership corporation and no
nonprofit corporation, group, or association, the membership of which consists
of electric membership corporations, shall be authorized to make any
contribution to a political campaign. Notwithstanding the foregoing, nothing in
this Code section shall be construed to prohibit a nonprofit corporation, group,
or association, the membership of which consists of electric membership
corporations, from establishing, administering, and soliciting contributions for
a political action committee from officers, directors, employees, agents,
contractors, and members of such entities so long as such actions and
contributions do not otherwise violate the provisions of this
chapter."
SECTION
2.
Said
article is further amended by revising Code Section 21-5-30.1, relating to
contributions by regulated entities to elected executive officers or candidates,
as follows:
"21-5-30.1.
(a)
Except as otherwise provided in this subsection, the definitions set forth in
Code Section 21-5-3 shall be applicable to the provisions of this Code section.
As used in this Code section, the term:
(1)
'Campaign committee' means the candidate, person, or committee which accepts
contributions to bring about the nomination for election or election of an
individual to the office of an elected executive officer.
(2)
'Contribution' means a gift, subscription, membership, loan, forgiveness of
debt, advance or deposit of money, or anything of value conveyed or transferred
for the purpose of influencing the nomination for election or election of an
individual to the office of an elected executive officer or encouraging the
holder of such office to seek reelection. The term 'contribution' shall include
the payment of a qualifying fee for and on behalf of a candidate for the office
of an elected executive officer and any other payment or purchase made for and
on behalf of the holder of the office of an elected executive officer or for or
on behalf of a candidate for that office when such payment or purchase is made
for the purpose of influencing the nomination for election or election of the
candidate and is made pursuant to the request or authority of the holder of such
office, the candidate, the campaign committee of the candidate, or any other
agent of the holder of such office or the candidate. The term 'contribution'
shall not include the value of personal services performed by persons who serve
on a voluntary basis without compensation from any source.
(3)
'Elected executive officer' means the Secretary of State, Attorney General,
State School Superintendent, Commissioner of Insurance, Commissioner of
Agriculture,
and
Commissioner of
Labor, and
members of the Public Service
Commission.
(4)
'Political action committee' means any committee, club, association,
partnership, corporation, labor union, or other group of persons which receives
donations aggregating in excess of $1,000.00 during a calendar year from persons
who are members or supporters of the committee and which distributes these funds
as contributions to one or more campaign committees of candidates for public
office. Such term does not mean a campaign committee.
(5)
'Regulated entity' means any person who is required by law to be licensed by an
elected executive officer or a board under the jurisdiction of an elected
executive officer, any person who leases property owned by or for a state
department,
or
any person who engages in a business or profession which is regulated by an
elected executive officer or by a board under the jurisdiction of an elected
executive
officer, or
any public utility corporation regulated by the Public Service Commission. For
purposes of this paragraph, public utility corporation regulated by the Public
Service Commission shall have the same meaning as provided by subsection (f) of
Code Section 21-5-30.
(b)
No regulated entity and no person or political action committee acting on behalf
of a regulated entity shall make a contribution to or on behalf of a person
holding office as an elected executive officer regulating such entity or to or
on behalf of a candidate for the office of an elected executive officer
regulating such entity or to or on behalf of a campaign committee of any such
candidate.
(c)
No person holding office as an elected executive officer and no candidate for
the office of an elected executive officer and no campaign committee of a
candidate for the office of an elected executive officer shall accept a
contribution in violation of subsection (b) of this Code section.
(d)
Nothing contained in this Code section shall be construed to prevent any person
who may be employed by a regulated entity, including a person in whose name a
license or lease is held, or who is an officer of a regulated entity from
voluntarily making a campaign contribution from that person's personal funds to
or on behalf of a person holding office as an elected executive officer
regulating such entity or to or on behalf of a candidate for the office of an
elected executive officer regulating such entity or to or on behalf of a
campaign committee of any such candidate; provided, however, that:
(1)
The elected executive officer or candidate receiving one or more campaign
contributions described in this subsection shall in his or her disclosure report
under Code Section 21-5-34 separately identify each contribution and the total
of contributions which he or she knows or should have reason to know are
described in this subsection;
and
(2)
It shall be unlawful for any regulated entity or elected executive officer to
require another by coercive action to make any such
contribution."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.