HB 864 - Campaign contributions; state and local government; prohibitions

Georgia House of Representatives - 1995/1996 Sessions

HB 864 - Campaign contributions; state and local government; prohibitions

Page Numbers - 1/ 2/ 3
Code Sections - 21-5-30.2
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1. Woods  32nd

House Comm: GAff / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/27/95 Read 1st Time 2/28/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 864 LC 14 6473 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 2 of Chapter 5 of Title 21 of the Official 1- 2 Code of Georgia Annotated, relating to election and campaign hodddrawdN|�@d4|�@d|�@d|�@d�|�@d�|�@d�| 1- 4 and local government bodies are prohibited from using public 1- 5 funds or public personnel to influence elections and 1- 6 referenda; to provide that certain statements of fact, 1- 7 opinion, and position by public officials shall not be 1- 8 prohibited; to provide for related matters; to repeal 1- 9 conflicting laws; and for other purposes. 1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-11 Article 2 of Chapter 5 of Title 21 of the Official Code of 1-12 Georgia Annotated, relating to election and campaign finance 1-13 regulation, is amended by striking Code Section 21-5-30.2, 1-14 relating to prohibition of campaign contributions by public 1-15 agencies, and inserting in its place a new Code section to 1-16 read as follows: 1-17 "21-5-30.2. (Index) 1-18 (a) Except as otherwise provided in this subsection, the 1-19 definitions set forth in Code Section 21-5-3 shall be 1-20 applicable to the provisions of this Code section. As 1-21 used in this Code section, the term: 1-22 (1) 'Agency' means: 1-23 (A) Every state department, agency, board, bureau, 1-24 commission, and authority; 1-25 (B) Every county, municipal corporation, school 1-26 district, or other political subdivision of this 1-27 state; 1-28 (C) Every department, agency, board, bureau, 1-29 commission, authority, or similar body of each such 1-30 county, municipal corporation, or other political 1-31 subdivision of this state; and -1- (Index) LC 14 6473 2- 1 (D) Every city, county, regional, or other authority 2- 2 established pursuant to the laws of this state. 2- 3 (2) 'Contribution' means a gift, subscription, 2- 4 membership, loan, forgiveness of debt, advance or 2- 5 deposit of money, or anything of value conveyed or 2- 6 transferred by or on behalf of an agency, without 2- 7 receipt of payment therefor, to any campaign committee, 2- 8 political action committee, or political organization or 2- 9 to any candidate for campaign purposes. 2-10 (3) 'Elector' means any person who shall possess all of 2-11 the qualifications for voting now or hereafter 2-12 prescribed by the laws of this state and who shall have 2-13 registered in accordance with Chapter 2 or 3 of this 2-14 title. 2-15 (4) 'Political action committee' means any committee, 2-16 club, association, partnership, corporation, labor 2-17 union, or other group of persons which receives 2-18 donations aggregating in excess of $1,000.00 during a 2-19 calendar year from persons who are members or supporters 2-20 of the committee and which distributes these funds as 2-21 contributions to one or more campaign committees of 2-22 candidates for public office. Such term does not mean a 2-23 campaign committee. 2-24 (5) 'Political organization' means an affiliation of 2-25 electors organized for the purpose of influencing or 2-26 controlling the policies and conduct of government 2-27 through the nomination of candidates for public office 2-28 and, if possible, the election of its candidates to 2-29 public office. 2-30 (6) 'Public meeting place' means any county, municipal, 2-31 or other public building suitable and ordinarily used 2-32 for public gatherings. 2-33 (b) No agency and no person acting on behalf of an agency 2-34 shall make, directly or indirectly, any contribution to 2-35 any campaign committee, political action committee, or 2-36 political organization or to any candidate; but nothing in 2-37 this Code section shall prohibit the furnishing of office 2-38 space, facilities, equipment, goods, or services to a 2-39 public officer for use by the public officer in such 2-40 officer's fulfillment of such office. Without limiting the 2-41 foregoing, it is also specifically provided that no agency 2-42 shall use any public funds to influence or attempt to 2-43 influence the outcome of any election or referendum; and -2- (Index) LC 14 6473 3- 1 the establishment or use of staff positions or personnel 3- 2 for the purpose of influencing or attempting to influence 3- 3 the outcome of any election or referendum is further 3- 4 specifically prohibited. 3- 5 (c) No campaign committee, political action committee, or 3- 6 political organization or candidate shall accept a 3- 7 contribution in violation of subsection (b) of this Code 3- 8 section. 3- 9 (d) Nothing contained in this Code section shall be 3-10 construed to: 3-11 (1) Affect the authority of the State Personnel Board 3-12 regarding the regulation of certain political activities 3-13 of public employees in the classified service of the 3-14 state merit system; 3-15 (2) Affect the authority of any agency regarding the 3-16 regulation of the political activities of such agency's 3-17 employees; 3-18 (3) Affect the use of the capitol building and grounds 3-19 as specified in Code Section 50-16-4; or 3-20 (4) Prohibit public officials from making statements of 3-21 fact, opinion, or position in the normal and customary 3-22 performance of their duties; or 3-23 (4)(5) Prohibit the use of public meeting places by 3-24 political organizations when such meeting places are 3-25 made available to different political organizations on 3-26 an equal basis; provided, however, this paragraph shall 3-27 not be construed to create a right for a political 3-28 organization to use a public meeting place." SECTION 2. 3-29 All laws and parts of laws in conflict with this Act are 3-30 repealed. -3- -3- (Index)

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