Bill Text: GA SB315 | 2011-2012 | Regular Session | Introduced

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Bill Title: Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2012-01-24 - Senate Read and Referred [SB315 Detail]

Download: Georgia-2011-SB315-Introduced.html

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12 LC 29 4995

Senate Bill 315

By: Senators Stoner of the 6th, Fort of the 39th, Henson of the 41st, Seay of the 34th, Jones of the 10th 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 revise the "Ethics in Government Act"; to change a definition; to change the name of the Georgia Government Transparency and Campaign Finance Commission to the Georgia Ethics Commission; to reconstitute the membership of the commission; to change the appointing authority of the commission; to clarify eligibility of commission members; to provide a time frame for concluding investigations of alleged violations of the chapter; to provide a funding source for the commission; to remove certain dedications of fees; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to correct cross-references; to provide for related matters; to provide for an effective date; to provide a contingent effective date; to provide for automatic repeal under certain conditions; 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 paragraph (5) of Code Section 21-5-3, relating to definitions, as follows:

"(5) 'Commission' means the Georgia Government Transparency and Campaign Finance Ethics Commission created under Code Section 21-5-4."

SECTION 2.

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 Ethics Commission shall be the successor to the Georgia Government Transparency and Campaign Finance Commission shall be a successor to the State Ethics 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 Commission Georgia Government Transparency and Campaign Finance Commission in all matters pending before the State Ethics Commission Georgia Government Transparency and Campaign Finance Commission and may continue to investigate, prosecute, and act upon all such matters.

(b)(1) Effective July 1, 2012, the commission shall be reconstituted. The commission members serving on the commission immediately prior to July 1, 2012, shall cease to serve on that date, but such prior members shall be eligible for reappointment to succeed themselves for their initial term; and thereafter, members of the commission shall not serve for more than one complete term of office.

(2) 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 Chief Justice of the Supreme Court of Georgia, two for terms one for a term of four years, one for a term of three years, and one for a term of two years; one member, and two members 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 Chief Judge of the Georgia Court of Appeals, one for a term of three years and one 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 paragraph, 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 Justice or Judge who 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 and at least one member of the commission shall be an attorney in good standing with the State Bar of Georgia. The appointing officials shall strive to provide for diversity on the commission.

(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; or

(4) Serves as a registered lobbyist within a period of five years prior to such person's appointment

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 3.

Said chapter is further amended by revising subparagraph (b)(10)(A) of Code Section 21-5-6, relating to the powers and duties of the commission, as follows:

"(A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7.1, of the merits of a written complaint by any person who believes that a violation of this chapter has occurred, verified under oath to the best information, knowledge, and belief by the person making such complaint. Within 180 days of receiving or initiating a complaint, the commission shall determine if there are reasonable grounds to believe that a violation of this chapter has occurred. 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. Upon good cause shown by the executive secretary, the commission may allow a one-time extension of 180 days to complete an investigation. If the commission 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 hearing shall be conducted in all respects in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commission may file a complaint charging violations of this chapter, and any person aggrieved by the final decision of the commission is entitled to judicial review in accordance with Chapter 13 of Title 50; provided, however, that nothing in this Code section shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter."

SECTION 4.

Said chapter is further amended by revising Code Section 21-5-7, relating to initiation of complaints, as follows:

"21-5-7.

(a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall produce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished by hand delivery or statutory overnight delivery or mailed by certified mail, return receipt requested, a copy of the complaint by the commission within two business days of the commission's receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.

(b) Within 180 days of receiving or initiating a complaint, the commission shall determine if there are reasonable grounds to believe that a violation of this chapter has occurred. Upon good cause shown by the executive secretary, the commission may allow a one-time extension of 180 days to complete an investigation."

SECTION 5.

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

"21-5-16.

Funding for the commission shall be as provided in Article III, Section IX, Paragraph VI(o) of the Constitution."

SECTION 6.

Said chapter is further amended by revising subsection (k) of Code Section 21-5-34, relating to disclosure reports, as follows:

"(k)(1) In addition to other penalties provided under this chapter, a late fee of $125.00 shall be imposed for each report that is filed late, and notice of such late fee shall be sent to the candidate and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such report if the report has not been filed by such date; provided, however, that a 15 day extension period shall be granted on the final report. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such report if such report has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means does not satisfy the requirements of this paragraph subsection; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph subsection.

(2) 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 7.

Said chapter is further amended by revising subsection (f) of Code Section 21-5-50, relating to financial disclosure statement filings by public officials, as follows:

"(f)(1) In addition to other penalties provided in this chapter, a late fee of $125.00 shall be imposed for each financial disclosure statement that is filed late, and notice of such late fee shall be sent to the board member, candidate, and the candidate's committee by registered or certified mail or statutory overnight delivery, return receipt requested, and shall include the schedule of increasing late fees for late filings and the dates upon which such late fees shall be increased. In addition, a late fee of $250.00 shall be imposed on the fifteenth day after the due date for such statement if such statement has not been filed. A late fee of $1,000.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed. Campaign committee funds shall not be used to pay such penalty. Notice by electronic means shall not satisfy the requirements of this paragraph subsection; and any increased late fees shall be stayed until at least ten days after proper notice has been given as specified in this paragraph subsection.

(2) 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 8.

Said chapter is further amended by revising subparagraphs (f)(2)(D) and (F)(2)(E) of Code Section 21-5-71, relating to lobbyist registration, as follows:

"(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 9.

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, as follows:

"(1) 'Commission' means the Georgia Government Transparency and Campaign Finance Ethics Commission created under Code Section 21-5-4."

SECTION 10.

Said title is further amended by revising subsection (b) of Code Section 45-7-7, relating to compensation and allowances of certain officials not to be changed without giving public notice, as follows:

"(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 secretary of the Georgia Government Transparency and Campaign Finance Ethics Commission."

SECTION 11.

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, 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 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."

SECTION 12.

This Act shall become effective on July 1, 2012; provided, however, that Sections 5 through 8 of this Act shall only become effective if a constitutional amendment authorizing the General Assembly to provide a fixed sum for the funding of the Georgia Ethics Commission is ratified at the November, 2012, general election. If such an amendment to the Constitution is not so ratified, then Sections 5 through 8 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013.

SECTION 13.

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