TITLE 21 ELECTIONS

Section 5. Ethics in Government, 21-5-1 through 21-5-76.

ARTICLE 4 PUBLIC OFFICIALS' CONDUCT AND LOBBYIST DISCLOSURE

21-5-73. Disclosure reports.

1. Each lobbyist registered under this article shall file disclosure reports as provided for in this Code section in the electronic format specified by the commission.
2. A person who is required to register under this article and lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor shall file a semimonthly disclosure report on the first and fifteenth day of each month, current through the end of the preceding report, beginning January 15 and continuing throughout the period that the General Assembly is in session.
3. A person who is required to register under this article and lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution shall:
   1. File a disclosure report, current through the end of the preceding month, on or before the fifth day of May, September, and January of each year instead of the reports required by subsections (b) and (d) of this Code section; and
   2. File such report with the commission, file a copy of such report with the election superintendent of each county involved if the report contains any lobbying expenditures relating to county or county school district affairs, and file a copy of such report with the municipal clerk (or if there is no municipal clerk, with the chief executive officer of the municipality) of each municipality involved if the report contains any lobbying expenditures relating to municipal affairs or independent school district affairs.
4. A person who is required to register under this article and:
   1. Lobbies to promote or oppose the passage of any legislation by the General Assembly, or any committee of either chamber or a joint committee thereof, or the approval or veto of legislation by the Governor;
   2. As an employee of the executive branch or judicial branch of local government, lobbies to promote or oppose the passage of any ordinance or resolution by a public officer specified under subparagraph (F) or (G) of paragraph (22) of Code Section 21-5-3, or any committee of such public officers, or the approval or veto of any such ordinance or resolution;
   3. Lobbies to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency; or
   4. Lobbies to promote or oppose any matter before the State Transportation Board

      shall file a monthly disclosure report, current through the end of the preceding period, on or before the fifth day of each month; provided, however, that such monthly reports shall not be filed during any period that the lobbyist files a semimonthly report pursuant to subsection (b) of this Code section.

5. Reports filed by lobbyists shall be verified and shall include:
   1. A description of all lobbying expenditures described in subparagraphs (D), (F), and (G) of paragraph (4.1) of Code Section 21-5-70, or the value thereof made on behalf of or for the benefit of a public officer or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer by the lobbyist or employees of the lobbyist or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such lobbying expenditure. The description of each reported lobbying expenditure shall include:
      1. The name and title of the public officer or public employee or, if the lobbying expenditure is simultaneously incurred for an identifiable group of public officers or public employees the individual identification of whom would be impractical, a general description of that identifiable group;
      2. The amount, date, and description of the lobbying expenditure and a summary of all spending classified by category. Such categories shall include meals, lodging, travel, and tickets;
      3. The aggregate lobbying expenditures described in subparagraph (D) of paragraph (4.1) of Code Section 21-5-70 incurred during the reporting period; provided, however, that expenses for travel and for food, beverage, and lodging in connection therewith afforded a public officer or public employee shall be reported in the same manner as under subparagraphs (A), (B), and (D) of this paragraph;
      4. If applicable, the number of the bill, resolution, ordinance, or regulation pending before the governmental entity in support of or opposition to which the lobbying expenditure was made; and
      5. If applicable, the rule or regulation number or description of the rule or regulation pending before the state agency in support of or opposition to which the lobbying expenditure was made;

      (1.1) In any case where lobbying expenditures are reported pursuant to subparagraph (A) of paragraph (1) of this Code section for an identifiable group not listed in subparagraph (D) of paragraph (1) of Code Section 21-5-70, the lobbyist shall certify on the disclosure report that no lobbying expenditure made on behalf of or for the benefit of any individual public officer exceeded $75.00;

   2. For those who are required to register under this article and lobby to influence a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, the name of any vendor or vendors for 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; and
   3. For those who are required to register under this article and lobby to promote or oppose the passage of any rule or regulation of any state agency, the name of the individual or entity for which the lobbyist undertook to influence the rule or regulation of a state agency.
6. 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.
7. The electronic filing of any disclosure report required by this article shall constitute an affirmation that such report is true, complete, and correct.
8. Reserved.
9. All lobbyists shall have a grace period of three business days in filing all disclosure reports.

(Code 1981, §21-5-73, enacted by Ga. L. 1992, p. 1075, § 16; Ga. L. 1994, p. 258, §§ 15, 16; Ga. L. 2005, p. 859, § 22/HB 48; Ga. L. 2010, p. 1173, § 22/SB 17; Ga. L. 2011, p. 19, § 9/HB 232; Ga. L. 2011, p. 569, § 4/SB 160; Ga. L. 2013, p. 540, § 7/HB 142.)

The 2010 amendment, effective January 10, 2011, added "in the electronic format specified by the commission" in subsection (a); substituted the present provisions of subsection (b) for the former provisions, which read: "A person who is a lobbyist pursuant to subparagraph (A), (B), or (C) of paragraph (5) of Code Section 21-5-70 shall file a monthly disclosure report, current through the end of the preceding month, on or before the fifth day of any month while the General Assembly is in session."; substituted the present provisions of subsection (d) for the former provisions, which read: "A person who is a lobbyist pursuant to subparagraph (A), (B), (C), (F), (G), or (H) of paragraph (5) of Code Section 21-5-70 shall file a disclosure report, current through the end of the period ending on July 31 and December 31 of each year, on or before August 5 and January 5 of each year."; in paragraph (e)(1), in the first sentence, inserted "on behalf or for the benefit of a public officer", and substituted "or by any person on whose behalf the lobbyist is registered if the lobbyist has actual knowledge of such expenditure" for "on behalf or for the benefit of a public officer"; and added subsections (g) and (h). See Editor's notes for applicability.

The 2011 amendments. The first 2011 amendment, effective March 15, 2011, added subsection (i). The second 2011 amendment, effective May 12, 2011, in paragraph (e)(1), inserted "of" and inserted "or on behalf of or for the benefit of a public employee for the purpose of influencing a public officer" in the first sentence; in subparagraph (e)(1)(A), inserted "or public employee" and "or public employees"; and, in subparagraph (e)(1)(C), inserted "or public employee" near the end.

The 2013 amendment, effective January 1, 2014, rewrote this Code section.