Bill Text: GA SB17 | 2009-2010 | Regular Session | Engrossed

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Bill Title: Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-01-10 - Effective Date [SB17 Detail]

Download: Georgia-2009-SB17-Engrossed.html

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09 SB17/CSFA/1

Senate Bill 17

By: Senators Harp of the 29th, Johnson of the 1st and Hooks of the 14th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To revise provisions relating to ethical conduct relating to public office; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to increase filing fees and fines for campaign disclosure reports, financial disclosure statements, and lobbyist disclosure reports that are filed late; to change fees for lobbyist's registration and identification cards; to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct; to change the date on which lobbyist disclosure reports are due; to amend Part 6 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to the Joint Legislative Ethics Committee, so as to revise the powers and duties of the committee and provide for reports to the committee of the names of members of the General Assembly who have not filed required state personal income tax returns; 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 (l) of Code Section 21-5-34, relating to disclosure reports, as follows:

"(l)(1) In addition to other penalties provided under this chapter, an additional the following filing fee of $25.00 fees shall be imposed for each report that is filed late:

(A) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$25.00
(B) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . . . . . . .	$50.00
(C) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$100.00.

(2) In addition, a filing fee of $50.00 the following filing fees shall be imposed on the fifteenth day after the due date if the report has still not been filed; provided, however, a 15 day extension period shall be granted on the final report:

(A) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$50.00
(B) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . . . . . . .	$100.00
(C) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$200.00.

(3) If a report has not been filed by the forty-fifth day after the due date for such report, the following fines shall be imposed:

(A) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$75.00
(B) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . . . . . . .	$250.00
(C) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$750.00.

In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine."

SECTION 1.1.
Said chapter is further amended by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) 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."

"(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:"

SECTION 1.2.

Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows:

"(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct."

SECTION 2.

Said chapter is further amended by adding a new paragraph to subsection (a) of Code Section 21-5-50, relating to filing of financial disclosure statements, to read as follows:

"(6)(A) In addition to other penalties provided under this chapter, the following filing fees shall be imposed for each financial disclosure statement that is filed late:

(i) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$25.00
(ii) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . .	$50.00
(iii) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$100.00.

(B) In addition, the following filing fees shall be imposed on the fifteenth day after the due date if the financial disclosure statement has still not been filed:

(i) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$50.00
(ii) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . .	$100.00
(iii) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$200.00.

(C) If a financial disclosure statement has not been filed by the forty-fifth day after the due date for such financial disclosure statement, the following fines shall be imposed:

(i) For filings pertaining to a candidate for an office representing less than 40,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$75.00
(ii) For filings pertaining to a candidate for an office representing not less than 40,000 but not more than 500,000 persons: . . . . . . . . . .	$250.00
(iii) For filings pertaining to a candidate for an office representing more than 500,000 persons: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	$750.00.

In the case of a candidate, such fine shall be paid from the personal funds of the candidate and no other funds from any source may be used to pay such fine."

SECTION 2.1.
Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows:

"(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct."

SECTION 2.2.

Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, as follows:

"21-5-51.

The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct."

SECTION 3.

Said chapter is further amended by revising subsection (f) of Code Section 21-5-71, relating to registration of lobbyists, 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 and a person employed by an organization exempt from federal income taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2, shall be exempted from payment of such registration fees except for payment of an initial registration fee of $25.00.

(2) The commission shall collect the following fees:

(A) Annual lobbyist registration or renewal filed pursuant to this Code section	$200.00 $50.00
(B) Lobbyist supplemental registration filed pursuant to this Code section	10.00
(C) Each copy of a lobbyist identification card issued pursuant to this Code section	5.00 20.00
(D) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. When such a fine is imposed, such fine shall be paid from the personal funds of the lobbyist and no other funds from any source may be used to pay such fine."

SECTION 4.

Said chapter is further amended by revising Code Section 21-5-73, relating to lobbyist disclosure reports, as follows:

"21-5-73.

(a) Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section.

(b) A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, on or before the fifth business day of any month while the General Assembly is in session.

(c) A person who is a lobbyist pursuant to subparagraph (D) or (E) of paragraph (5) of Code Section 21-5-70 shall:

(1) File a disclosure report, current through the end of the preceding month, on or before the fifth business day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and

(2) File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any expenditures relating to municipal affairs or independent school district affairs.

(d) A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), or (H) 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 the fifth business day in August 5 and January 5 of each year.

(e) Reports filed by lobbyists shall be verified and shall include:

(1) A description of all expenditures, as defined in Code Section 21-5-70, or the value thereof made by the lobbyist or employees of the lobbyist on behalf or for the benefit of a public officer. The description of each reported expenditure shall include:

(A) The name and title of the public officer or, if the expenditure is simultaneously incurred for an identifiable group of public officers the individual identification of whom would be impractical, a general description of that identifiable group;

(B) The amount, date, and description of the expenditure and a summary of all spending classified by category. Such categories shall include gifts, meals, entertainment, lodging, equipment, advertising, travel, and postage;

(C) The provisions of Code Section 21-5-70 notwithstanding, aggregate expenditures described in divisions (1)(E)(vii) and (1)(E)(x) of Code Section 21-5-70 incurred during the reporting period; provided, however, expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph;

(D) If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the expenditure was made; and

(E) If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the expenditure was made;

(2) For those who are lobbyists within the meaning of subparagraph (G) of paragraph (5) of Code Section 21-5-70, the name of any vendor or vendors for which the lobbyist undertook to influence the awarding of a contract or contracts by any state agency together with a description of the contract or contracts and the monetary amount of the contract or contracts; and

(3) For those who are lobbyists within the meaning of subparagraph (H) of paragraph (5) of Code Section 21-5-70, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency.

(f) The reports required by this article shall be in addition to any reports required under Code Section 45-1-6, relating to required reports by state vendors of gifts to public employees. Compliance with this Code section shall not excuse noncompliance with that Code section, and compliance with that Code section shall not excuse noncompliance with this Code section, notwithstanding the fact that in some cases the same information may be required to be disclosed under both Code sections.

(g) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $100.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such report if the report has not been filed by such date. Such fine shall be paid from the personal funds of the lobbyist and no other funds from any source may be used to pay such fine."

SECTION 5.

Part 6 of Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to the Joint Legislative Ethics Committee, is amended in Code Section 45-10-93, relating to powers and duties of the committee, by revising paragraphs (4) and (5) of subsection (a) as follows:

"(4) To summons summon any person to appear, give sworn testimony, or produce documentary or other evidence;

(5) To adopt such procedural rules and regulations as are necessary to carry out the purposes of this part; and"

SECTION 6.

Said part is further amended in said Code Section 45-10-93 by revising paragraph (1), paragraph (2), paragraph (5), and subparagraph (6)(A) of subsection (b) as follows:

"(1) To advise and assist the General Assembly in establishing rules and regulations relating to conflicts between the private interests of a member of the legislative branch of state government and the his or her duties as such;"

"(2) To receive and investigate all complaints alleging a violation of the procedural rules and regulations established by the committee;"

"(5) To prepare and publish an annual report periodic reports for the General Assembly summarizing the activities of the committee and recommending legislation that in its judgment will promote the purposes of this part;"

"(6)(A) To conduct an investigation of the merits of a written complaint by any person who believes that a violation of this part has occurred alleges misconduct on the part of a member of the General Assembly or a member of the staff of the General Assembly. If there are found no reasonable grounds to believe that a violation has occurred, the complaint shall be dismissed, subject to being reopened upon discovery of additional evidence or relevant material. If the committee determines that there are such reasonable grounds to believe that a violation has occurred, it shall give notice by summoning the persons believed to have committed the violation to a hearing. The committee may file a complaint charging violations of this part alleging misconduct on the part of a member of the General Assembly or a member of the staff of the General Assembly. Nothing in this Code section shall be construed to limit or encumber the right of the committee to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this part;"

SECTION 7.

Said part is further amended by adding a new Code section to read as follows:

"45-10-95.

(a) The state revenue commissioner shall prior to the convening of each annual session of the General Assembly report to the committee the name of any member of the General Assembly who has not filed a Georgia personal income tax return for the most recent preceding calendar year for which a return was required by law to be filed by such member. The state revenue commissioner shall give written notice of the pending report to each member of the General Assembly who is to be named at least 20 days prior to making such report. The provisions of this Code section shall control over the provisions of Code Section 48-7-60, relating to confidential treatment of state income tax return information.

(b) Upon receipt of a report from the state revenue commissioner, the committee may conduct an investigation of whether a member of the General Assembly has committed misconduct by failing to file a required Georgia personal income tax return or may refer the matter to the Senate Ethics Committee in the case of a Senator or to the House Committee on Ethics in the case of a member of the House of Representatives."

SECTION 8.

All laws and parts of laws in conflict with this Act are repealed.