07 LC 28
3414ER
Senate
Bill 179
By:
Senators Staton of the 18th, Powell of the 23rd, Unterman of the 45th, Hudgens
of the 47th, Murphy of the 27th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia
Annotated, relating to campaign contributions, so as to repeal the prohibition
against persons acting on behalf of a public utility regulated by the Public
Service Commission contributing to political campaigns; to prohibit public
utilities regulated by the Public Service Commission from contributing to Public
Service Commission candidates or campaign committees for such candidates; to
prohibit electric membership corporations from contributing to political
campaigns; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to campaign contributions, is amended by revising subsection (f) of Code Section
21-5-30, relating to contributions made to candidate or campaign committee or
for recall of a public office, as follows:
"(f)
A person
acting on behalf of a public utility corporation regulated by the Public Service
Commission shall not make, directly or indirectly, any contribution to a
political campaign. This subsection shall not apply to motor carriers whose
rates are not regulated by the Public Service Commission. Any person who
knowingly violates this subsection with respect to a member of the Public
Service Commission, a candidate for the Public Service Commission, or the
campaign committee of a candidate for the Public Service Commission shall be
guilty of a felony and shall be punished by imprisonment for not less than one
nor more than five years or by a fine not to exceed $10,000.00, or both; and any
person who knowingly violates this subsection with respect to any other public
officer, a candidate for such other public office, or the campaign committee of
a candidate for such other public office shall be guilty of a
misdemeanor
Reserved."
SECTION
2.
Said
article is further amended by revising Code Section 21-5-30.1, relating to
contributions by regulated entities to elected executive officers or candidates,
as follows:
"21-5-30.1.
(a)
Except as otherwise provided in this subsection, the definitions set forth in
Code Section 21-5-3 shall be applicable to the provisions of this Code section.
As used in this Code section, the term:
(1)
'Campaign committee' means the candidate, person, or committee which accepts
contributions to bring about the nomination for election or election of an
individual to the office of an elected executive officer.
(2)
'Contribution' means a gift, subscription, membership, loan, forgiveness of
debt, advance or deposit of money, or anything of value conveyed or transferred
for the purpose of influencing the nomination for election or election of an
individual to the office of an elected executive officer or encouraging the
holder of such office to seek reelection. The term 'contribution' shall include
the payment of a qualifying fee for and on behalf of a candidate for the office
of an elected executive officer and any other payment or purchase made for and
on behalf of the holder of the office of an elected executive officer or for or
on behalf of a candidate for that office when such payment or purchase is made
for the purpose of influencing the nomination for election or election of the
candidate and is made pursuant to the request or authority of the holder of such
office, the candidate, the campaign committee of the candidate, or any other
agent of the holder of such office or the candidate. The term 'contribution'
shall not include the value of personal services performed by persons who serve
on a voluntary basis without compensation from any source.
(3)
'Elected executive officer' means the Secretary of State, Attorney General,
State School Superintendent, Commissioner of Insurance, Commissioner of
Agriculture,
and
Commissioner of
Labor, and
members of the Public Service
Commission.
(4)
'Political action committee' means any committee, club, association,
partnership, corporation, labor union, or other group of persons which receives
donations aggregating in excess of $1,000.00 during a calendar year from persons
who are members or supporters of the committee and which distributes these funds
as contributions to one or more campaign committees of candidates for public
office. Such term does not mean a campaign committee.
(5)
'Regulated entity' means any person who is required by law to be licensed by an
elected executive officer or a board under the jurisdiction of an elected
executive officer, any person who leases property owned by or for a state
department,
or
any person who engages in a business or profession which is regulated by an
elected executive officer or by a board under the jurisdiction of an elected
executive
officer, or
any public utility corporation regulated by the Public Service
Commission.
(b)
No regulated entity and no person or political action committee acting on behalf
of a regulated entity shall make a contribution to or on behalf of a person
holding office as an elected executive officer regulating such entity or to or
on behalf of a candidate for the office of an elected executive officer
regulating such entity or to or on behalf of a campaign committee of any such
candidate.
(c)
Notwithstanding any other provision of law to the contrary, no regulated utility
that is also operating as an electric membership corporation under the
provisions of Code Section 46-3-170 and no nonprofit corporation, group, or
association, the membership of which consists of regulated utilities which are
also operating as electric membership corporations under the provisions of Code
Section 46-3-170, shall be authorized to make any contribution to a political
campaign. This subsection shall not be construed to prohibit any public utility
from establishing, administering, and soliciting contributions for a political
action committee from officers, directors, employees, agents, contractors, and
members of any such entities so long as such actions and contributions do not
otherwise violate the provisions of this chapter.
(c)
(d)
No person holding office as an elected executive officer and no candidate for
the office of an elected executive officer and no campaign committee of a
candidate for the office of an elected executive officer shall accept a
contribution in violation of subsection (b) of this Code section.
(d)
(e)
Nothing contained in this Code section shall be construed to prevent any person
who may be employed by a regulated entity, including a person in whose name a
license or lease is held, from voluntarily making a campaign contribution from
that person´s personal funds to or on behalf of a person holding office as
an elected executive officer regulating such entity or to or on behalf of a
candidate for the office of an elected executive officer regulating such entity
or to or on behalf of a campaign committee of any such candidate. It shall be
unlawful and a violation of this Code section for any regulated entity or other
person to require another by coercive action to make any such
contribution."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.