Elections Georgia Ethics in Government Act: Amend the Georgia Ethics in Government Act So as to Provide for the Comprehensive Revision of Provisions Regarding Ethics and Conflicts of Interest; Provide for and Change Certain Definitions; Change Certain Provisions Relative to Declaration of Policy; Provide for the Timely Issuance of Advisory Opinions by the State Ethics Commission and Other Matters Relative to Advisory Opinions; Change Provisions Relating to the State Ethics Commission Including Its Administrative Attachment to the Secretary of State's Office; Change Provisions Relating to Mailing Complaints; Provide for Rule Making With Regard to Technical Defects in Financial Disclosure Statements; Change Certain Provisions Regarding Connected Organizations; Create Certain Restrictions on Receipt or Award of State Contracts; Change Certain Provisions Regarding Contributions Made to Candidates and the Location Where Certain Reports Are Filed; Change Certain Provisions Relating to Contributions of Expenditures

• Citation: Vol. 21 No. 1
• Publication year: 2010

Georgia State University Law Review

Volume 21 . Issue 1 Fafl 2004 ^{Artlcle 18}

3-15-2012

ELECTIONS Georgia Ethics in Government Act: Amend the Georgia Ethics in Government Act so as to Provide for the Comprehensive Revision of Provisions Regarding Ethics and Conflicts of Interest; Provide for and Change Certain Definitions; Change Certain Provisions Relative to Declaration of Policy; Provide for the Timely Issuance ofAdvisory Opinions by the State Ethics Commission and Other Matters Relative to Advisory Opinions; Change Provisions Relating to the State Ethics Commission Including Its Administrative Attachment to the Secretary of States Office; Change Provisions Relating to

Recommended Citation

Georgia State University Law Review (2004) "ELECTIONS Georgia Ethics in Government Act: Amend the Georgia Ethics in Government Act so as to Provide for the Comprehensive Revision of Provisions Regarding Ethics and Conflicts of Interest; Provide for and Change Certain Definitions; Change Certain Provisions Relative to Declaration of Policy; Provide for the Timely Issuance of Advisory Opinions by the State Ethics Commission and Other Matters Relative to Advisory Opinions; Change Provisions Relating to the State Ethics Commission Including Its Administrative Attachment to the Secretary of State's Office; Change Provisions Relating to Mailing Complaints; Provide for Rule Making with Regard to Technical Defects in Financial Disclosure Statements; Change Certain Provisions Regarding Connected Organizations; Create Certain Restrictions on Receipt or Award of State Contracts; Change Certain Provisions Regarding Contributions Made to Candidates and the Location Where Certain Reports Are Filed; Change Certain Provisions Relating to Contributions of Expenditures Other Than Through Candidates or Campaign Committees and Disclosure of Extensions of Credit; Change Certain Provisions Regarding Disclosure Reports; Change Certain Provisions Relating to Disposition of Campaign Contributions; Change Certain Provisions Regarding Electronic Filing of Reports; Change Certain Provisions Relating to Acceptance of Campaign Contributions During Legislative Sessions; Change Certain Provisions Relating to Filing of Financial Disclosure Statements; Change Provisions Relating to Filing in Mail; Change Certain Provisions Relating to Lobbyist Disclosure

Mailing Complaints; Provide for Rule Making with Regardto Technical Defects in Financial Disclosure Statements; Change Certain Provisions Regarding Connected Organizations; Create Certain Restrictions on Receipt or Award of State Contracts; Change Certain Provisions Regarding Contributions Made to Candidates and the Location Where Certain Reports Aire Filed; Change Certain Provisions Relating to Contributions of Expenditures Other Than Through Candidates or Campaign Committees and Disclosure of Extensions of Credit; Change Certain Provisions Regarding Disclosure Reports; Change Certain Provisions Relating to Disposition of Campaign Contributions; Change Certain Provisions Regarding Electronic Filing of Reports; Change Certain Provisions Relating to Acceptance of Campaign Contributions During Legislative Sessions; Change Certain Provisions Relating to Filing of Financial Disclosure Statements; Change Provisions Relating to Filing in Mail; Change Certain Provisions Relating to Lobbyist Disclosure Reports, the Contents Thereof, and the Definition of Lobbyist; Create Provisions Relating to a Lobbyist's Eligibility for Certain Appointments and

Ability to Serve as a Public Employee; Create Conflict of Interest Provisions Relating to Gifts; Provide Restrictions for Lobbyists Relating to Presence on the Floor of the House and Senate; Provide for Candidates for the General Assembly Who File a Declaration of Intent to Accept Campaign Contributions to Receive and Choose to Sign a Pledge to Engage in Ethical Campaigning; Provide for Actions for Slander and Libel andthe Commission's Authority Over This Activity; Correct Cross-References; Provide for Criminal Penalties; Change Provisions Relative to Appearances Before the Board of Pardons and Paroles by Members of the Generaly Assembly or State Elected or Appointed Officials; Change Certain Provisions Relating to Complaints or Information Regarding Fraud, Waste, and Abuse in State Programs and Operations; Change Certain Provisions Relating to the Code of Ethics for Members of Boards, Commissions, and Authories; Change Provisions Relating to a Board, Commission, or Authority s Authority to Enact Rules and Regulations; Provide for Restrictions on Activities for Persons Who Were Members, Employees, or Appointees of the Legislative,

Executive, or Judicial Branch or Other Agencies or Authorities of the State; Provide for Penalties; Provide for Restrictions on the Governor's Appointment Power Under Certain Circumstances; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes

Georgia State University Law Review

Follow this and additional works at: http://digitalarchive.gsu.edu/gsulr Part of the Law Commons

ELECTIONS

Georgia Ethics in Government Act: Amend the Georgia Ethics in Government Act so as to Provide for the Comprehensive Revision of Provisions Regarding Ethics and Conflicts of Interest; Provide for

and Change Certain Definitions; Change Certain Provisions Relative to Declaration of Policy; Provide for the Timely Issuance of Advisory Opinions by the State Ethics Commission and Other Matters Relative to Advisory Opinions; Change Provisions Relating to the State Ethics Commission Including Its Administrative Attachment to the Secretary of State's Office; Change Provisions Relating to Mailing Complaints; Provide for Rule Making with Regard to Technical Defects and the Time Frame for Correction of Technical Defects in Financial Disclosure Statements; Change Certain Provisions Regarding Connected Organizations; Create Certain Restrictions on Receipt or Award of State Contracts; Change Certain Provisions Regarding Contributions Made to Candidates and the Location Where Certain Reports Are Filed; Change Certain Provisions Relating to Contributions of Expenditures Other than Through Candidates or Campaign Committees and Disclosure of Extensions of Credit; Change Certain Provisions Regarding Disclosure Reports; Change Certain

Provisions Relating to Disposition of Campaign Contributions; Change Certain Provisions Regarding Electronic Filing of Reports; Change Certain Provisions Relating to Acceptance of Campaign

Contributions During Legislative Sessions; Change Certain Provisions Relating to Filing of Financial Disclosure Statements; Change Provisions Relating to Filing by Mail; Change Certain Provisions Relating to Lobbyist Registration; Change Provisions Relating to Lobbyist Disclosure Reports, the Contents Thereof, and

the Definition of Lobbyist; Create Provisions Relating to a Lobbyist's Eligibility for Certain Appointments and Ability to Serve as a Public Employee; Create Conflict of Interest Provisions Relating to Gifts; Provide Restrictions for Lobbyists Relating to Contingency Agreements; Provide for Restrictions for Lobbyists Relating to Presence on the Floor of the House and Senate; Provide for Candidates for the General Assembly Who File a Declaration of Intent to Accept Campaign Contributions to Receive

130 GEORGIA STATE UNIVERSITY LAW REVIEW [Vol. 21:129

and Choose to Sign a Pledge to Engage in Ethical Campaigning; Provide for Actions for Slander and Libel and the Commission's Authority Over This Activity; Correct Cross-References; Provide for Criminal Penalties; Change Provisions Relative to Appearances

Before the Board of Pardons and Paroles by Members of the General Assembly or State Elected or Appointed Officials; Change Certain Provisions Relating to Complaints or Information Regarding Fraud, Waste, and Abuse in State Programs and Operations; Change Certain Provisions Relating to the Code of Ethics for Members of Boards, Commissions, and Authorities; Change Provisions Relating to a Board, Commission, or Authority's Authority to Enact Rules and Regulations; Provide for

Restrictions on Activities for Persons Who Were Members, Employees, or Appointees of the Legislative, Executive, or Judicial Branch or Other Agencies or Authorities of the State; Provide for Penalties; Provide for Restrictions on the Governor's Appointment Power Under Certain Circumstances; Provide for an Effective Date; Repeal Conflicting Laws; and for Other Purposes

Bell Number: SB 517

Summary: Had it passed, SB 517 would have

revised the Georgia Ethics in Government Act to provide provisions governing campaign contributions, lobbyist registration, gifts from lobbyists, disclosure of lobbyists' income, legislators' ability to influence the State Board of Pardons and Paroles, and minimum waiting periods before a government employee can register as a lobbyist.

2004] LEGISLATIVE REVIEW 131

History

Some believe that Georgia "ha[s] some of the weakest ethics rules in the country."¹ There is good reason for this perception: The administrations of both Governor Perdue and his predecessor, Roy Barnes, faced allegations of ethics violations.² Statistics also help to explain why some consider Georgia weak on ethics. According to a study by the Better Government Association that measured "the relative strength of existing laws that promote integrity," Georgia ranks only 26th among the 50 states with a grade of 46%. Georgia falls short, however, when one considers the detailed rankings addressing specific categories of laws.⁴ With respect to laws regulating monetary contributions to political campaigns, Georgia ranks only 35th, with a grade of 37%.⁵ With respect to laws designed to prevent conflicts of interest in government, Georgia ranks only 33rd, with a grade of 49%.⁶ With respect to laws limiting the soliciting, offering, or accepting of gifts, trips, and honoraria, Georgia ranks 9th, but the State's grade was only 46%.⁷ Other studies indicate that Georgia's current ethics...