07 LC 29
2936
House
Bill 888
By:
Representatives Oliver of the
83rd,
Porter of the
143rd,
Hugley of the
133rd,
Smyre of the
132nd,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 5 of Title 21 and Title 45 of the Official Code of
Georgia Annotated, relating to public officials conduct and lobbyist disclosure
and public officers and employees, respectively, so as to revise provisions
regarding gifts; to provide for definitions; to create provisions limiting
presents from lobbyists to public officers and others under certain
circumstances; to change certain provisions relating to gifts to employees by
vendors; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to public officials conduct and lobbyist disclosure, is amended by adding a new
Code section to read as follows:
"21-5-77.
(a)
As used in this Code section, the term 'gift' means anything of value including,
but not limited to, food, beverages, lodging, travel, transportation, personal
services, gratuities, subscriptions, memberships, trips, loans, extensions of
credit, forgiveness of debts, or advances or deposits of money. The term shall
not include a bona fide loan made by a state or federally chartered financial
institution or a depository institution whose deposits are insured by the
Federal Deposit Insurance Corporation if such loan is made in the normal course
of business with the expectation on the part of all parties that such loan shall
be repaid and such loan is based on the creditworthiness of the borrower and the
borrower is personally liable for the repayment of the loan. The term shall not
include those items identified in division (1)(E)(vii) of Code Section 21-5-70.
For purposes of this paragraph, reimbursement or payment of actual and
reasonable expenses for food, beverages, travel, transportation, lodging, and
registration for a meeting which is provided to a public officer or employee to
permit such public officer´s or public employee´s participation in a
panel or speaking engagement at the meeting shall not be considered a gift.
Each gift shall be valued per occurrence. Where a gift is reported as an
apportioned share or fraction of a total, such as for group lodging or a group
meal, then that apportionment shall be noted on the report for that
gift.
(b)
Neither a lobbyist nor any person on whose behalf a lobbyist is registered shall
make any gift to any public officer or employee or to any person on such public
officer´s or public employee´s staff or to the public officer´s
or public employee´s family which exceeds $25.00, nor shall any such person
accept a gift which exceeds $25.00 from a lobbyist or from any person on whose
behalf a lobbyist is registered during any calendar year. If a gift is
accepted, it shall be returned or reimbursed to the donor. Where appropriate
for purposes of tradition, ceremony, or intergovernmental relations, or when
acting as a representative of a department, board, bureau, agency, commission,
or authority, a public officer or public employee may accept a gift on behalf of
such department, board, bureau, agency, commission, or authority. If the gift
retains value after its acceptance, the public officer or public employee shall
maintain custody of the gift no longer than reasonably necessary to arrange for
the transfer of custody of the gift to the public officer´s or public
employee´s department, board, bureau, agency, commission, or authority or
to a charitable organization on behalf of such department, board, bureau,
agency, commission, or authority."
SECTION
2.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising subsection (b) of Code Section 45-1-6,
relating to gifts to employees by vendors, disclosure, and reports, as
follows:
"(b)
Any vendor who, either directly or through another person, makes a gift
or
gifts to
one or more
public employees
a public
employee exceeding
in the
aggregate $250.00
$25.00
in value during any calendar year shall file a disclosure report with the
commission in the form specified by the commission listing the amount and date
of receipt, the name and mailing address of any vendor making the gift, and the
name, address, and position of each public employee receiving such a
gift;
provided, however, that such prohibition shall not include those items
identified in division (1)(E)(vii) of Code Section
21-5-7."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.