Bill Text: GA SB17 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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09 LC 29 3647S

The Senate Ethics Committee offered the following substitute to SB 17:

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 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 the date on which lobbyist disclosure reports are due; 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) In addition to other penalties provided under this chapter, an additional a filing fee of $25.00 $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $50.00 $100.00 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 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. 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.

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) In addition to other penalties provided under this chapter, a filing fee of $50.00 shall be imposed for each financial disclosure statement 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 statement has still not been filed. A fine of $250.00 shall be imposed on the forty-fifth day after the due date for such statement if the statement has not been filed by such date. Such fine shall be paid from the personal funds of the person required to file such statement and no other funds from any source may be used to pay such fine."

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.

All laws and parts of laws in conflict with this Act are repealed.