HB414: HB414 Elections; "person" to include certain nonresidents; revise definition

26 HB 414/AP House Bill 414 (AS PASSED HOUSE AND SENATE) By: Representatives Jones of the 25th, DeLoach of the 167th, Gunter of the 8th, Scoggins of the 14th, and Holcomb of the 101st A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1 government transparency and campaign finance, so as to revise the definition of "person" to2 include certain nonresidents of the state; to provide time peri ods for responding to civil3 actions brought by the Attorney General pursuant to this chapte r; to provide for award of4 default judgments in such actions; to provide time periods for hearings on such actions; to5 provide the State Ethics Commission with supplementary investig atory powers related to6 persons, documents, or information located outside of the state; to revise venue provisions7 to address out-of-state persons; to provide for related matters ; to provide for an effective8 date; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Chapter 5 of Title 21 of the Official Code of Georgia Annotated , relating to government12 transparency and campaign finance, is amended in Code Section 2 1-5-3, relating to13 definitions, by revising paragraph (19) as follows:14 "(19) 'Person' means an individual, partnership, committee, ass ociation, corporation,15 limited liability company, limited liability partnership, trust, professional corporation, or16 H. B. 414 - 1 - 26 HB 414/AP other business entity recognized in the State of Georgia, labor organization, or any other17 organization or group of persons, and shall include a 'nonresident' as that term is defined18 in Code Section 9-10-90 who commits an act or omission or transacts business within the19 state which if performed by a resident of this state would be subject to this chapter."20 SECTION 2.21 Said chapter is further amended in Code Section 21-5-6, relating to powers and duties of the22 State Ethics Commission, by revising paragraph (14) of subsecti on (b) and adding a new23 subsection to read as follows:24 "(14) To issue orders, after the completion of appropriate proc eedings, directing25 compliance with this chapter or prohibiting the actual or threatened commission of any26 conduct constituting a violation. Such order may include a pro vision requiring the27 violator:28 (A) To cease and desist from committing further violations;29 (B) To make public complete statements, in corrected form, containing the information30 required by this chapter;31 (C)(i) Except as provided in paragraph (2) of Code Section 21-5-7.1, to pay a civil32 penalty not to exceed $1,000.00 for each violation contained in any report required33 by this chapter or for each failure to comply with any other provision of this chapter34 or of any rule or regulation promulgated under this chapter; provided, however, that35 a civil penalty not to exceed $10,000.00 may be imposed for a second occurrence of36 a violation of the same provision and a civil penalty not to exceed $25,000.00 may be37 imposed for each third or subsequent occurrence of a violation of the same provision.38 In imposing a penalty or late filing fee under this chapter, the commission may waive39 or suspend such penalty or fee if the imposition of such penalty or fee would impose40 an undue hardship on the person required to pay such penalty or fee. The commission41 may also waive or suspend a penalty or fee in the case of failure to file or late filing42 H. B. 414 - 2 - 26 HB 414/AP of a report if there are no items to be included in the report. For the purposes of the43 penalties imposed by this division, the same error, act, omission, or inaccurate entry44 shall be considered a single violation if the error, act, omiss ion, or inaccurate entry45 appears multiple times on the same report or causes further err ors, omissions, or46 inaccurate entries in that report or in any future reports or f urther violations in that47 report or in any future reports.48 (ii) A civil penalty shall not be assessed except after notice and hearing as provided49 by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount50 of any civil penalty finally assessed shall be recoverable by a civil action brought in51 the name of the commission. All moneys recovered pursuant to t his Code section52 shall be deposited in the state treasury.53 (iii) The Attorney General of this state shall, upon complaint by the commission, or54 may, upon the Attorney General's own initiative if after examination of the complaint55 and evidence the Attorney General believes a violation has occurred, bring an action56 in the superior court in the name of the commission for a temporary restraining order57 or other injunctive relief or for civil penalties for a violation of any provision of this58 chapter or any rule or regulation duly issued by the commission.59 (iv) Any action brought by the Attorney General to enforce civ il penalties for a60 violation of the provisions of this chapter or of any rule or regulation duly issued by61 the commission or any order issued by the commission ordering c ompliance or to62 cease and desist from further violations shall be brought in the superior court of the63 county of the residence of the party against whom relief is sought. Service of process64 shall lie in any jurisdiction within the state. In such actions, the superior court inquiry65 shall be limited to whether notice was given by the commission to the violator in66 compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50,67 the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given68 and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia69 H. B. 414 - 3 - 26 HB 414/AP Administrative Procedure Act,' the superior court shall enforce t h e o r d e r s o f t h e70 commission and the civil penalties assessed under this chapter and the superior court71 shall not make independent inquiry as to whether the violations have occurred.72 Notwithstanding any provision of Chapter 13 of Title 50, the 'Georgia Administrative73 Procedure Act,' to the contrary, in any such action if the party against whom relief is74 sought has not filed a response within 30 days of being served with process in such75 action, a default judgement shall be entered against the party against whom relief is76 sought. If the party against whom relief is sought files a res ponse in such action77 within 30 days of being served with process in such action, the superior court shall fix78 a place and time for a hearing on the merits of such action which shall occur no later79 than 30 days after the date the party against whom relief is sought filed its response. 80 Such court may fix additional hearings at such other times and places as are necessary81 to decide the action.82 (v) In any action brought by the Attorney General to enforce a ny of the provisions83 of this chapter or of any rule or regulation issued by the commission, the judgment,84 if in favor of the commission, shall provide that the defendant pay to the commission85 the costs, including reasonable attorneys' fees, incurred by th e commission in the86 prosecution of such action.87 The commission shall make all such orders that were issued afte r January 9, 2006,88 publicly available for review and shall post these and all futu re orders on the89 commission's website, and the commission shall make all advisor y orders that were90 issued prior to January 9, 2006, publicly available for review and shall post these orders91 on the commission's website. Such orders shall serve as precedent for all future orders92 and opinions of the commission;"93 "(c)(1) Supplemental to any investigatory or enforcement powers provided to the94 commission in this chapter, if a matter or person that the comm ission seeks to obtain95 documentation or information from is located outside the state, the commission may96 H. B. 414 - 4 - 26 HB 414/AP request the person with such documentation or information to make such documentation97 or information available to the commission or the commission representative to examine98 at the location where such person, documentation, or information is located.99 (2) In the event that a person refuses to comply with a reques t made pursuant to100 paragraph (1) of this subsection, the commission may petition that such person be ordered101 by the superior court to provide the documentation or informati on sought by the102 commission. The court shall not order such compliance unless t he commission has103 demonstrated to the satisfaction of the court that the documentation or information under104 request is pertinent or necessary to further the investigation or enforcement action105 authorized by this chapter."106 SECTION 3.107 Said chapter is further amended by revising Code Section 21-5-8 , relating to venue, as108 follows:109 "21-5-8.110 Venue for prosecution of civil violations of this chapter or fo r any other action by or on111 behalf of the commission shall be in the county of the residence of the candidate or public112 officer at the time of the alleged violation or action, unless the person is not a Georgia113 resident, in which case venue is in Fulton County."114 SECTION 4.115 This Act shall become effective upon its approval by the Governor or upon its becoming law116 without such approval.117 SECTION 5.118 All laws and parts of laws in conflict with this Act are repealed.119 H. B. 414 - 5 -