O.C.G.A. § 21-5-71
O.C.G.A. § 21-5-71
GEORGIA CODE
Copyright 2010 by The State of Georgia
All rights reserved.
*** Current Through the 2010 Regular Session ***
*** Annotations Current Through September 24, 2010 ***
TITLE 21. ELECTIONS
CHAPTER 5. ETHICS IN GOVERNMENT
ARTICLE 4. PUBLIC OFFICIALS’ CONDUCT AND LOBBYIST DISCLOSURE
O.C.G.A. § 21-5-71 (2010)
§ 21-5-71. (For effective date, see note.) Registration required; application for registration; supplemental registration; expiration; docket; fees; identification cards; public rosters; exemptions
(a) (For effective date, see note.) No person shall engage in lobbying as defined by this article unless such person is registered with the commission as a lobbyist. The commission shall not allow a person who has been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state to become a registered lobbyist unless ten years or more have elapsed since the completion of the person’s sentence. The administration of this article is vested in the commission.
(b) (For effective date, see note.) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant’s name, address, and telephone number;
(2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf;
(3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents;
(4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization;
(5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf;
(6) If the applicant is a lobbyist within the meaning of subparagraph (G) or (H) of paragraph (5) of Code Section 21-5-70, the name of the state agency or agencies before which the applicant engages in lobbying;
(7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; and
(8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person’s sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence.
(c) (For effective date, see note.) The lobbyist shall, within seven days of any substantial or material change or addition, file a supplemental registration indicating such substantial or material change or addition to the registration prior to its expiration. Previously filed information may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (2), (3), (4), (6), and (7) and conviction status required by paragraph (8) of subsection (b) of this Code section.
(d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference.
(e) The commission shall provide a suitable public docket for registration under this Code section with appropriate indices and shall enter promptly therein the names of the lobbyists and the organizations they represent.
(f) (For effective date, see note.) (1) Each person registering under this Code section shall pay the registration fees set forth in paragraph (2) of this subsection; provided, however, that a person who represents any state, county, municipal, or public agency, department, commission, or authority shall be exempted from payment of such registration fees.
(2) The commission shall collect the following fees:
(A) Annual lobbyist registration or renewal filed pursuant to this
Code section………………………………………..$ 300.00
(B) Lobbyist supplemental registration filed pursuant to this Code
section……………………………………………….10.00
(C) Each copy of a lobbyist identification card issued pursuant to
this Code section………………………………………20.00
(D)(i) For reports filed when the General Assembly is not in
session, in addition to other penalties provided under this
chapter, a late fee of $275.00 shall be imposed for each report
that is filed late. In addition, a late fee of $1,000.00 shall be
imposed on the fifteenth day after the due date for such report if
the report has not been filed. A late fee of $10,000.00 shall be
imposed on the forty-fifth day after the due date for such report
if the report has not been filed.
(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.
(E) (i) For reports filed when the General Assembly is in session, in addition to other penalties provided under this chapter, a late fee of $275.00 shall be imposed for each report that is filed late. In addition, a late fee of $1,000.00 shall be imposed on the seventh day after the due date for such report if the report has not been filed. A late fee of $10,000.00 shall be imposed on the twenty-first day after the due date for such report if the report has not been filed.
(ii) The commission shall retain $25.00 of the first late fee received for processing pursuant to the provisions of Code Section 45-12-92.1.
(g) As soon as practicable after registering any such person, the commission shall issue to such person an identification card which shall have printed thereon the name of the lobbyist, a color photograph of the lobbyist, and the person or agency such lobbyist represents, provided that, when any such person represents more than one entity, such identification card shall have printed thereon the name of the registered person and the word “LOBBYIST.” Each lobbyist while engaged in lobbying at the capitol or in a government facility shall display said identification in a readily visible manner.
(h) The commission shall regularly publish in print or electronically public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall weekly report to the Clerk of the House of Representatives, the Secretary of the Senate, and the Governor those persons who have registered as lobbyists since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for providing copies of the roster to the public.
(i) The registration provisions of this Code section shall not apply to:
(1) Any individual who expresses personal views, on that individual’s own behalf, to any public officer;
(2) Any person who appears before a public agency or governmental entity committee or hearing for the purpose of giving testimony when such person is not otherwise required to comply with the registration provisions of this Code section;
(3) Any public employee of an agency appearing before a governmental entity committee or hearing at the request of the governmental entity or any person who furnishes information upon the specific request of a governmental entity;
(4) (For effective date, see note.) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state or any political subdivision of this state;
(5) Any person employed or appointed by a lobbyist registered pursuant to this Code section whose duties and activities do not include lobbying;
(6) Elected public officers performing the official duties of their public office; and
(7) Any public employee who performs services at the direction of a member of the General Assembly including, but not limited to, drafting petitions, bills, or resolutions; attending the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators.
HISTORY: Code 1981, § 21-5-71, enacted by Ga. L. 1992, p. 1075, § 16; Ga. L. 1994, p. 258, § 14; Ga. L. 2005, p. 859, § 21/HB 48; Ga. L. 2010, p. 9, § 1-49/HB 1055; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2010, p. 1173, § 21/SB 17.
