05 LC 29
1544ER
Senate
Bill 10
By:
Senators Meyer von Bremen of the 12th, Tate of the 38th, Brown of the 26th,
Golden of the 8th, Stoner of the 6th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 21 and Titles 42 and 45 of the Official Code of Georgia
Annotated, relating, respectively, to ethics in government; penal institutions;
and public officers, so as to provide for the comprehensive revision of
provisions regarding ethics and conflicts of interest; to provide for a short
title; to provide for and change certain definitions; to provide for the timely
issuance of advisory opinions by the State Ethics Commission and other matters
relative to advisory opinions; to create certain restrictions on receipt or
award of state contracts; to change provisions relating to acceptance of
contributions during legislative sessions; to change certain provisions relating
to filing of financial disclosure statements; to change certain provisions
relating to lobbyist registration; to change provisions relating to lobbyist
disclosure reports and the contents thereof and the definition of lobbyist; to
create provisions relating to a lobbyist´s eligibility for certain
appointments and ability to serve as a public employee; to provide for
restrictions on former public officers from engaging in lobbying under certain
circumstances; to provide restrictions for lobbyists relating to contingency
agreements; to provide for restrictions for lobbyists relating to presence on
the floor of the House of Representatives and Senate; to provide for actions for
slander and libel and the commission´s authority over such activity; to
change provisions relative to appearances before the Board of Pardons and
Paroles by members of the General Assembly or state elected or appointed
officials; to change certain provisions relating to complaints or information
regarding fraud, waste, and abuse in state programs and operations; to change
certain provisions relating to the code of ethics for government service
generally; to change certain provisions relating to the code of ethics for
members of boards, commissions, and authorities; to change certain provisions
relating to yearly disclosure statements of public officials and employees
concerning business transactions with the state; to provide for an antinepotism
policy; to provide for restrictions on the Governor´s appointment power
under certain circumstances; to provide for an effective date and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Ethics in Government Reform Act of
2005."
SECTION
2.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in
government, is amended by striking paragraph (13) of subsection (b) of Code
Section 21-5-6, relating to powers and duties of the commission, and inserting
in its place a new paragraph (13) of subsection (b) and adding new subsections
(d), (e), and (f) to read as follows:
"(13)
To issue, upon
request,
and publish
receipt of a
written request based on real or hypothetical
circumstances, advisory opinions on the
requirements of this
chapter,
based on a real or hypothetical set of
circumstances
within 30 days
of receipt of each request for an advisory
opinion;"
"(d)
In any matter pending before the commission, if a member of the commission has
made or caused to be made a contribution in the current or immediately preceding
election cycle to any respondent, any other party to the complaint, any
candidate who opposed the respondent in any election in the current or
immediately preceding election cycle, or the campaign committee of any of the
foregoing, that member shall recuse himself or herself from consideration of the
matter. The commission may, upon motion, order the recusal of a
member.
(e)
The State Ethics Commission shall have the same powers and duties with respect
to Code Section 45-10-3 and Part 1 of Article 2 of Chapter 10 of Title 45 as the
commission has with respect to this chapter.
(f)
The Attorney General shall have the same powers and duties with respect to Code
Section 45-10-3 and Part 1 of Article 2 of Chapter 10 of Title 45 as the
Attorney General has with respect to this chapter. Without limiting the
generality of the foregoing, it is specifically provided that the Attorney
General may bring civil actions for the enforcement of Code Section 45-10-3 and
Part 1 of Article 2 of Chapter 10 of Title 45 in the same general manner as
provided in this
chapter."
SECTION
3.
Said
chapter is further amended by inserting a new Code Section 21-5-13 to follow
Code Section 21-5-12 to read as follows:
"21-5-13.
(a)
No elected public officer or employee or agent of an elected public officer
shall advocate for or cause the receipt or award of any state contract to a
person who has made a campaign contribution to the elected public officer or the
elected public officer´s campaign committee in the current or immediately
preceding election cycle.
(b)
No elected public officer or employee or agent of an elected public officer
shall advocate for or cause the receipt or award of any state contract to any
person who employs the elected public
officer."
SECTION
4.
Said
chapter is further amended by striking Code Section 21-5-35, relating to
acceptance of contributions during legislative sessions, and inserting in lieu
thereof the following:
"21-5-35.
(a)
No member of the General Assembly or that member´s campaign committee or
public officer elected state wide or campaign committee of such public officer
shall accept
or
solicit a contribution
or a pledge of
a contribution during a legislative
session.
(b)
Subsection (a) of this Code section shall not apply to:
(1)
The receipt of a contribution which is returned with reasonable promptness to
the donor or the donor´s agent;
(2)
The receipt and acceptance during a legislative session of a contribution
consisting of proceeds from a dinner, luncheon, rally, or similar fundraising
event held prior to the legislative session; or
(3)
A judicial officer elected state wide or campaign committee of such judicial
officer."
SECTION
5.
Said
chapter is further amended by striking subsection (b) of Code Section 21-5-50,
relating to filing by public officers and filings by candidates for public
office, and adding new subsections (b) and (d), to read as follows:
"(b)
A financial disclosure statement shall be in the form specified by the
commission and shall identify:
(1)
Each monetary fee or honorarium
of $101.00
or less which is accepted by a public
officer from speaking engagements, participation in seminars, discussion panels,
or other activities which
directly
relate to the official duties of the public officer or the office of the public
officer, with a statement identifying the fee or honorarium accepted and the
person or
entity from whom it was
accepted;
(2)
Each monetary fee or honorarium of more than $101.00 which is accepted by a
public officer who holds office on a full-time basis from speaking engagements,
participation in seminars, discussion panels, or other activities that are not
related to the official duties of the public officer or the office of the public
officer, with a statement identifying the fee or honorarium accepted and the
person or entity from whom it was accepted;
(2)(3)
All fiduciary positions held by the candidate for public office or the public
officer, with a statement of the title of each such position, the name and
address of the business entity, and the principal activity of the business
entity;
(3)(4)
The name, address, and principal activity of any business entity and the office
held by and the duties of the candidate for public office or public officer
within such business entity as of December 31 of the covered year in which such
candidate or officer has a direct ownership interest which
interest:
(A)
Is more than
10
5
percent of the total interests in such business; or
(B)
Has a net fair market value of more than $20,000.00;
(4)(5)
Each tract of real property in which the candidate for public office or public
officer has a direct ownership interest
or purchase
option as of December 31 of the covered
year when that interest has a
net
fair market value in excess of $20,000.00. As used in this paragraph, the term
'net
fair market' value means the appraised value of the property for ad valorem tax
purposes
less any
indebtedness thereon. The disclosure shall
contain the county and state and general
location
therein where the property is located
description of
the property;
(6)
The filer´s occupation, employer, and the principal activity and address of
such employer;
(7)
If he or she has actual knowledge of such ownership interest or knowledge of
facts which would put a reasonable and prudent person on notice of such
ownership interest, the filer shall name any business or subsidiary thereof in
Georgia in which the filer´s spouse or dependent children, jointly or
severally, own a direct ownership interest which interest:
(A)
Is more than 5 percent of the total interests in such business; or
(B)
Has a net fair market value of more than $20,000.00
or
in which the filer´s spouse or any child, sibling, or parent serves as an
officer, director, equitable partner, trustee, or consultant;
(8)
If the filer or his or her spouse has engaged in a business in a fiduciary
position during the last reporting year which provides legal, investment,
accounting, medical or health related, real estate, banking, insurance,
educational, farming, engineering, architectural, construction, or other
professional services or consultations, then the filer shall report each
category from which the gross income received from all combined clients in such
category exceeds $10,000.00. Such categories shall be established by rule of the
commission and may include a stock investment portfolio, electric utilities, gas
utilities, telephone utilities, water utilities, cable television companies,
intrastate transportation companies, pipeline companies, oil or gas exploration
companies or both, oil and gas retail companies, banks, savings and loan
associations, loan or finance companies or both, manufacturing firms, mining
companies, life insurance companies, casualty insurance companies, other
insurance companies, retail companies, beer, wine, or liquor companies or
distributors or any combination thereof, trade associations, professional
associations, governmental associations, associations of public employees or
public officials, and counties;
(5)(9)
All annual payments in excess of $20,000.00 received by the public officer or
any business entity identified in paragraph
(3)
(4)
of this subsection from the state, any agency, department, commission, or
authority created by the state, and authorized and exempted from disclosure
under Code Section 45-10-25, and the agency, department, commission, or
authority making the payments, and the general nature of the consideration
rendered for the source of the payments; and
(6)(10)
No form prescribed by the commission shall require more information or specify
more than provided in the several paragraphs of this Code section with respect
to what is required to be
disclosed."
"(d)
Beginning January 9, 2006, all state-wide elected officials and members of the
General Assembly required to file financial disclosure statements shall use
electronic means to file his or her financial disclosure statements. Prior to
such date, electronic filing of financial disclosure statements by such persons
is permitted and encouraged but not
required."
SECTION
6.
Said
chapter is further amended by striking paragraphs (6) and (7) of Code Section
21-5-70, relating to definitions, and inserting in their respective places and
adding new paragraphs (6), (7), (8), and (9) to read as follows:
"(6)
'Lobbyist' means:
(A)
Any natural person who, for compensation, either individually or as an employee
of another person, undertakes to promote or oppose the passage of any
legislation by the General Assembly, or any committee thereof, or the approval
or veto of legislation by the Governor;
(B)
Any natural person who makes a total expenditure of more than $250.00 in a
calendar year, not including the person´s own travel, food, lodging
expenses, or informational material to promote or oppose the passage of any
legislation by the General Assembly, or any committee thereof, or the approval
or veto of legislation by the Governor;
(C)
Any natural person who as an employee of the executive branch or judicial branch
of state government engages in any activity covered under subparagraph (A) of
this paragraph;
(D)
Any natural person who, for compensation, either individually or as an employee
of another person, undertakes to promote or oppose the passage of any ordinance
or resolution by a public officer specified under subparagraph (F) or (G) of
paragraph (15) of Code Section 21-5-3, or any committee of such public officers,
or the approval or veto of any such ordinance or resolution;
(E)
Any natural person who makes a total expenditure of more than $250.00 in a
calendar year, not including the person´s own travel, food, lodging
expenses, or informational material to promote or oppose the passage of any
ordinance or resolution by a public officer specified under subparagraph (F) or
(G) of paragraph (15) of Code Section 21-5-3, or any committee of such public
officers,
or the approval or veto of any such ordinance or resolution;
or
(F)
Any natural person who as an employee of the executive branch or judicial branch
of local government engages in any activity covered under subparagraph (D) of
this
paragraph.;
(G)
Any natural person who, for compensation, either individually or as an employee
of another person, undertakes to influence a public officer or state agency in
the selection of a vendor to supply any goods or services to any state agency;
provided, however, this subparagraph shall not include a person solely on the
basis of such person´s participation in preparing a written bid, written
proposal, or other document relating to a potential sale to a state agency;
or
(H)
Any natural person who, for compensation, either individually or as an employee
of another person, undertakes to promote or oppose the promulgation of
administrative rules or regulations by any state agency.
(7)
'Public officer' means those public officers specified under subparagraphs (A)
through (G) of paragraph (15) of Code Section 21-5-3, as amended, except as
otherwise provided in this article
and also
includes any public officer or employee who has any discretionary authority
over, or is a member of a state agency which has any discretionary authority
over, the selection of a vendor to supply any goods or services to any state
agency.
(8)
'State agency' means any agency, authority, department, board, bureau,
commission, council, corporation, entity, or instrumentality of the state but
does not include a local political subdivision, such as a county, city, or local
school district or an instrumentality of such a local political
subdivision.
(9)
'Vendor' means any person who sells to or contracts with any state agency for
the provision of any goods or
services."
SECTION
7.
Said
chapter is further amended by striking subsections (a) and (d) of Code Section
21-5-73, relating to disclosure reports, and inserting in their respective
places new subsections (a), (d), and (e) to read as follows:
"(a)
Each lobbyist registered under this article shall file disclosure reports as
provided for in this Code section.
Beginning
January 9, 2006, lobbyists shall file such reports by electronic
means."
"(d)
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, or
employer 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;
(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; and
(D)
If applicable, the number of the bill, resolution, ordinance,
rule,
or regulation pending before the governmental entity in support of or opposition
to which the expenditure was made;
and
(2)
The names of any
public officer
or any members of the immediate family of
a public officer employed by or whose professional services are paid for by the
lobbyist or
any person on whose behalf a lobbyist is
registered during the reporting
period;
(3)
For those who are lobbyists within the meaning of subparagraph (G) of paragraph
(6) of Code Section 21-5-70, the name of any vendor or vendors 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;
(4)
For those who are lobbyists within the meaning of subparagraph (H) of paragraph
(6) of Code Section 21-5-70, a description, by number or otherwise, of any rule
or regulation promoted or opposed by the lobbyist; and
(5)
For every lobbyist whose gross income received from all combined clients exceeds
$10,000.00, a listing by category of clients of the income received from each
category of clients. Such categories shall be established by rule of the
commission and may include electric utilities, gas utilities, telephone
utilities, water utilities, cable television companies, intrastate
transportation companies, pipeline companies, oil or gas exploration companies
or both, oil and gas retail companies, banks, savings and loan associations,
loan or finance companies or both, manufacturing firms, mining companies, life
insurance companies, casualty insurance companies, other insurance companies,
retail companies, beer, wine, or liquor companies or distributors or any
combination thereof, trade associations, professional associations, governmental
associations, associations of public employees or public officials, and
counties.
(e)
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."
SECTION
8.
Said
chapter is further amended by adding new Code Sections 21-5-74, 21-5-75, and
21-5-76 to follow Code Section 21-5-73 to read as follows:
"21-5-74.
A
lobbyist shall not be eligible to serve or receive compensation as a public
employee or be eligible for legislative or executive appointment to any state
office, board, authority, commission, or bureau created and established by the
laws of this state which regulates the activities of a business, firm,
corporation, or agency that the lobbyist represented until one year after the
expiration of the lobbyist´s registration.
21-5-75.
On
and after January 8, 2007, every public officer shall be prohibited from
registering as a lobbyist or engaging in lobbying under this article for a
period of one year after leaving such office.
21-5-76.
(a)
No person, firm, corporation, or association shall retain or employ an attorney
at law or an agent to aid or oppose legislation for compensation contingent, in
whole or in part, upon the passage or defeat of any legislative measure or upon
the receipt or award of any state contract. No attorney at law or agent shall be
employed to aid or oppose legislation for compensation contingent, in whole or
in part, upon the passage or defeat of any legislation or upon the receipt or
award of any state contract.
(b)
It shall be unlawful for any person registered pursuant to the requirements this
article or for any other person, except as authorized by the rules of the House
of Representatives or Senate, to be on the floor of either house of the General
Assembly while the same is in session to discuss privately measures then pending
in the General
Assembly."
SECTION
9.
Said
chapter is further amended by adding a new article at the end of the chapter to
read as follows:
"ARTICLE
5
21-5-80.
(a)
A candidate is liable for any slander or libel, as defined and provided in
Chapter 5 of Title 51, committed by a campaign committee that is controlled by
that candidate if the candidate willfully and knowingly directs or permits the
libel or slander.
(b)
In addition to the action provided for in this Code section, the commission may
issue an order after appropriate proceedings as provided in this chapter
requiring the candidate whose committee committed the libel or slander to be
fined as set forth in subparagraph (b)(14)(C) of Code Section 21-5-6 and may
also make public its conclusion as provided in paragraph (15) of subsection (b)
of Code Section
21-5-6."
SECTION
10.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by striking Code Section 42-9-17, relative to appearances before the
Board of Pardons and Paroles by members of the General Assembly or state elected
or appointed officials, and inserting in lieu thereof the
following:
"42-9-17.
(a)
It shall be unlawful for members of the General Assembly or any other state
elected or appointed official to
accept any
compensation for appearing before
contact
the board
in behalf
of
with respect
to a person under the jurisdiction of the
board and
for seeking a decision on behalf of the
person. Nothing in this Code section
shall be construed so as to prohibit:
(1)
Members of the General Assembly or state elected or appointed officials from
appearing before the board when their official duties require them to do so;
or
(2)
Members of the General Assembly or state elected or appointed officials from
requesting information from
and
presenting information to the board
on behalf
of constituents when no compensation, gift, favor, or anything of value is
accepted, either directly or indirectly, for such
services;
(3)
Members of the General Assembly or state elected or appointed officials from
forwarding correspondence or communications received from third parties to the
board, so long as the correspondence or communications are forwarded in
substantially the same form in which they were received;
(4)
The Attorney General, assistant attorney general, judge, district attorney,
assistant district attorney, solicitor-general, assistant solicitor-general, or
public defender as defined in Code Section 17-12-2 from appearing before the
board while acting in his or her official capacity; or
(5)
Members of the General Assembly who are attorneys representing clients from
appearing before the board.
(b)
Nothing in subsection (a) of this Code section shall be construed to apply to
the acceptance of compensation, expenses, and allowances received by members of
the General Assembly or any other state elected or appointed official for their
duties as such members or officials.
(c)(b)
Any person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor."
SECTION
11.
Title
45 of the Official Code of Georgia Annotated, relating to public officers, is
amended by striking Code Section 45-1-4, relating to complaints or information
regarding fraud, waste, and abuse in state programs and operations, and
inserting in lieu thereof the following:
"45-1-4.
(a)
As used in this Code section, the term:
(1)
'Government agency' means any agency of federal, state, or local government
charged with the enforcement of laws, rules, or regulations.
(2)
'Law, rule, or regulation' includes any federal, state, or local statute or
ordinance or any rule or regulation adopted according to any federal, state, or
local statute or ordinance.
(2)(3)
'Private employee' means any person who is employed by a private employer whose
employer has been awarded a contract to provide services or goods to the State
of Georgia and whose employee duties relate to provision of those services or
goods for the State of Georgia.
(4)
'Private employer' means a person or business entity which has entered into a
contract to provide goods or services to the State of Georgia.
(1)(5)
'Public employee' means any person who is employed by the
executive,
judicial, or legislative branch of the
state or by any other department, board, bureau, commission, authority, or other
agency of the state
except the
office of the Governor, the judicial branch, or the legislative
branch.
This term also
includes all employees, officials, or administrators of any agency covered under
the State Merit System of Personnel Administration and any local or regional
governmental entity that receives any funds from the State of Georgia or any
state agency.
(6)
'Public employer' means the
executive,
judicial, or legislative branch of the
state
and
or
any other department, board, bureau, commission, authority, or other agency of
the state which employs or appoints a public employee or public employees
except the
office of the Governor, the judicial branch, or the legislative
branch
or any local
or regional governmental entity that receives any funds from the State of
Georgia or any state agency.
(7)
'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion by
a public or private employer of a public or private employee or any other
adverse employment action taken by a public or private employer against a public
or private employee in the terms or conditions of employment.
(8)
'Supervisor' means any individual:
(A)
To whom a public or private employer has given authority to direct and control
the work performance of the affected public or private employee;
(B)
To whom a public or private employer has given authority to take corrective
action regarding a violation of or noncompliance with a law, rule, or regulation
of which the public or private employee complains; or
(C)
Who has been designated by a public or private employer to receive complaints
regarding a violation of or noncompliance with a law, rule, or
regulation.
(b)
A public employer may receive and investigate complaints or information from any
public employee concerning the possible existence of any activity constituting
fraud, waste, and abuse in or relating to any state programs and operations
under the jurisdiction of such public employer.
(c)
Notwithstanding any other law to the contrary, such public employer shall not
after receipt of a complaint or information from a public employee disclose the
identity of the public employee without the written consent of such public
employee, unless the public employer determines such disclosure is necessary and
unavoidable during the course of the investigation. In such event, the public
employee shall be notified in writing at least seven days prior to such
disclosure.
(d)
No action against any public employee shall be taken or threatened by any public
employer who has authority to take, direct others to take, recommend, or approve
any personnel action as a reprisal for making a complaint or disclosing
information to the public employer unless the complaint was made or the
information was disclosed with the knowledge that it was false or with willful
disregard for its truth or falsity.
(d)(1)
No public or private employer shall make, adopt, or enforce any policy or
practice preventing a public or private employee from disclosing or threatening
to disclose a violation of or noncompliance with a law, rule, or regulation to
either a supervisor or a government agency.
(2)
No public or private employer shall retaliate against a public or private
employee for disclosing or threatening to disclose a violation of or
noncompliance with a law, rule, or regulation to either a supervisor or a
government agency, unless the disclosure or threatened disclosure was made with
knowledge that the disclosure was false or with reckless disregard for its truth
or falsity.
(3)
No public or private employer shall retaliate against a public or private
employee for objecting to, or refusing to participate in, any activity, policy,
or practice of the public or private employer that the public or private
employee has reasonable cause to believe is in violation of or noncompliance
with a law, rule, or regulation.
(4)
Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or
practices which implement, or to actions by public or private employers against
public or private employees who violate, privileged or confidentiality
obligations recognized by constitutional, statutory, or common law.
(e)
Any action taken in violation of subsection (d) of this Code section shall give
the public employee a right to have such action set aside in a proceeding
instituted in the superior court.
(e)(1)
A public or private employee who has been the object of retaliation in violation
of this Code section may institute a civil action in superior court for relief
as set forth in paragraph (2) of this subsection within one year after
discovering the retaliation or within three years after the retaliation,
whichever is earlier.
(2)
In any action brought pursuant to this subsection, the court may order any or
all of the following relief:
(A)
An injunction restraining continued violation of this Code section;
(B)
Reinstatement of the public or private employee to the same position held before
the retaliation or to an equivalent position;
(C)
Reinstatement of full fringe benefits and seniority rights;
(D)
Compensation for lost wages, benefits, and other remuneration; and
(E)
Any other compensatory damages allowable at law.
(f)
A court may award reasonable attorney´s fees, court costs, and expenses to
a prevailing public or private
employee."
SECTION
12.
Said
title is further amended by striking Code Section 45-10-1, relating to the code
of ethics for government service generally, and inserting in lieu thereof the
following:
"45-10-1.
There
is established for and within the state and for and in all governments therein a
code of ethics for government service which shall read as follows:
CODE
OF ETHICS FOR GOVERNMENT SERVICE
Any
person in government service should:
I.
Put loyalty to the highest moral principles and to country above loyalty to
persons, party, or government department.
II.
Uphold the Constitution, laws, and legal regulations of the United States and
the State of Georgia and of all governments therein and never be a party to
their evasion.
III.
Be honest and truthful in all statements and representations made before the
General Assembly and its committees; the State´s departments, commissions,
and boards; and the courts of the State of Georgia and the United States of
America.
III.IV.
Give a full day´s labor for a full day´s pay and give to the
performance of his
or
her duties his
or
her earnest effort and best
thought.
IV.V.
Seek to find and employ more efficient and economical ways of getting tasks
accomplished.
V.VI.
Never discriminate unfairly by the dispensing of special favors of privileges to
anyone, whether for remuneration or not, and never accept, for himself
or
herself or his
or
her family, favors or benefits under
circumstances which might be construed by reasonable persons as influencing the
performance of his
or
her governmental duties.
VI.VII.
Make no private promises of any kind binding upon the duties of office, since a
government employee has no private word which can be binding on public
duty.
VII.VIII.
Engage in no business with the government, either directly or indirectly, which
is inconsistent with the conscientious performance of his
or
her governmental duties.
VIII.IX.
Never use any information coming to him
or
her confidentially in the performance of
governmental duties as a means for making private profit.
IX.
Expose corruption wherever discovered.
XI.
Uphold these principles, ever conscious that public office is a public
trust."
SECTION
13.
Said
title is further amended by striking Code Section 45-10-3, relating to code of
ethics for members of boards, commissions, and authorities, and inserting in
lieu thereof the following:
"45-10-3.
Notwithstanding
any provisions of law to the contrary, each
member of
all boards, commissions, and authorities created by general
statute
public
official and employee as those terms are defined in Code Section
45-10-20 shall:
(1)
Uphold the Constitution, laws, and regulations of the United States, the State
of Georgia, and all governments therein and never be a party to their
evasion;
(2)
Never discriminate by the dispensing of special favors or privileges to anyone,
whether or not for remuneration;
(3)
Not engage in any business with the government, either directly or indirectly,
which is inconsistent with the conscientious performance of his
or
her governmental duties;
(4)
Never use any information coming to him
or
her confidentially in the performance of
governmental duties as a means for making private profit;
(5)
Expose corruption wherever discovered;
(6)
Never solicit, accept, or agree to accept gifts, loans, gratuities, discounts,
favors, hospitality, or services from any person, association, or corporation
under circumstances from which it could reasonably be inferred that a major
purpose of the donor is to influence the performance of the member´s
official duties;
(7)
Never accept any economic opportunity under circumstances where he
or
she knows or should know that there is a
substantial possibility that the opportunity is being afforded him
or
her with intent to influence his
or
her conduct in the performance of his
or
her official duties;
(8)
Never engage in other conduct which is unbecoming to a member or which
constitutes a breach of public trust; and
(9)
Never take any official action with regard to any matter under circumstances in
which he or
she knows or should know that he
or
she has a direct or indirect monetary
interest in the subject matter of such matter or in the outcome of such official
action."
SECTION
14.
Said
title is further amended by striking subsection (a) of Code Section 45-10-26,
relating to yearly disclosure statements of public officials and employees
concerning business transactions with the state, and inserting in lieu thereof
the following:
"(a)
Except as provided in subsection (b) of this Code section, any public official
or employee, whether for himself
or
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
or with any
political subdivision of the state shall
disclose such transactions.
In addition,
if any business in which the children of any such public official have a
substantial interest transacts business with the state or any agency or any
political subdivision, such public official shall disclose such transactions if
the public official has actual knowledge of such ownership interest or knowledge
of facts which put a reasonable and prudent person on notice of such
ownership. Such disclosure shall be
submitted
prior to
January 31
not before the
first day of January nor later than July 1
of each year to the Secretary of State on
such forms as
he
the Secretary
of State 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.
As used in
this subsection, the term 'political subdivision' means the state or any local
subdivision of the state or public instrumentality or public corporate body
created by or under authority of state law, including, but not limited to,
municipalities, counties, school districts, special taxing districts,
conservation districts, authorities, and any other state or local public
instrumentality or corporation which has the right to bring and defend actions
or to issue bonds or other obligations as evidence of indebtedness under any
provision of law; any corporate or other entity which leases a public
improvement to such political subdivision; and the governing body of such
political subdivision and its members and officers in their official
capacity."
SECTION
15.
Said
title is further amended by adding a new part at the end of Article 2 of Chapter
10, relating to conflicts of interest, to read as follows:
"Part
5
45-10-80.
(a)
Every public officer is prohibited from advocating for or causing the
advancement, appointment, employment, promotion, or transfer of a family member
to an office or position that pays an annual salary of $10,000.00 or more or its
equivalent.
(b)
Any person advanced, appointed, employed, promoted, or transferred in violation
of this Code section shall not be entitled to any payment, salary, or benefits
received for any position so illegally obtained; and any person who receives
payment, salary, or benefits for a position obtained in violation of this Code
section shall be required to reimburse the state for all amounts so
received."
SECTION
16.
Said
title is further amended by adding a new Code Section 45-12-61 to follow Code
Section 45-12-60 to read as follows:
"45-12-61.
(a)
As used in this Code section, the terms 'campaign committee,' 'contribution,'
and 'expenditure' shall have the meanings set forth in Code Section
21-5-3.
(b)
No person shall be eligible for appointment to fill a vacancy on any board,
council, or commission or on the Supreme Court, the Court of Appeals, the
superior courts, or the state courts if the person has made a contribution to or
expenditure on behalf of the Governor or the Governor´s campaign committee
in the previous 120
days."
SECTION
17.
This
Act shall become effective on January 9, 2006, and shall apply to all reports
due that year and in subsequent years.
SECTION
18.
All
laws and parts of laws in conflict with this Act are repealed.