Ethics Commission adopts new rules, postpones others

The Board of the Georgia Transparency and Campaign Finance Commission has adopted new rules that will soon become effective. Several other proposed rules will be re-drafted based on public input and will be considered at future meetings.

At its March meeting, the Commission voted to approve some of the rules and to table others. Although some of the rules were approved, they have not been transmitted to the Secretary of State’s office for publishing. Because they have not been transmitted, they are not considered to be in effect. The rules will be transmitted this week and then there is a 20-day waiting period. Once that 20-day period is over, the Commission will publish an updated version of the rules on its website.  For details, go to http://www.ethics.ga.gov/lawsrules/cfc-rules/

Here is a summary of what was tabled and what was adopted:

  • All of the rule repeals were adopted.
  • Proposed Rule Amendments:
    • Adopted
      • 189-1-.01 Organization
      • 189-1-.02 Membership and Officers
      • 189-1-.03 Appearances Before Commission by Prior Members
      • 189-1-.04 Mailing Address
      • 189-1-.10 Electronic Filing of Reports
      • 189-2-.01 Definitions
      • 189-2-.02 Administrative Declaratory Rulings
      • 189-2-.02 Complaints
      • 189-2-.04 Initiation of Investigations by the Commission
      • 189-2-.05 Contested Cases; Notice; Hearing; Record.
      • 189-2-.06 Rules of Procedures for Regular Commission Meetings.
      • 189-2-.09 Civil Penalties Imposed by the Commission.
      • 189-3-.01 Campaign Contribution Disclosure Reports.
      • 189-4-.01 Registration of a Committee.
      • 189-5-.01 Disposition of Contributions Without Limitation.
      • 189-6-.04 Maximum Allowable Contribution by Political Committees.     
      • 189-6-.07 In-Kind Contributions.
  • Tabled for Next Meeting
    • 189-1-.07 Adjustment of Contribution Limits Based Upon Inflation - tabled this rule for further refinement
    • 189-1-.08 Retention Schedule - tabled rule to rewrite and present at the next meeting
    • 189-2-.07 Investigations and Hearings - tabled rule to revise for consistency of wording and present at the next meeting.
    • 189-2-.08 Disposition of Cases - tabled this rule for further written public comment in redrafting of this rule.
    • 189-3-.06 Flight on Noncommercial Aircraft by Candidate, Public Officer, or Person Traveling on Behalf of Candidate or Committee for Campaign Purposes. - tabled this rule for further research in finding a simplified way of figuring Fair Market Value.
    • 189-5-.02 Contributions Remaining Unspent After the Election for Which They Were Received - tabled for further staff review
    • 189-5-.03 Contributions Which Must Be Returned to Contributors. - tabled for further staff review.
    • New Rules:
      • Adopted
        • 189-1-.11 Email Address
        • 189-3-.08 Assistance by Local Filing Entities
        • 189-3-.09 Electronic Filing of Two Business Day Report with Local Filing Entity
        • 189-4-.07 Procedure for Reporting and Disposition of Late Fees
        • 189-4-.08 Procedure for Requesting Hardship Waiver and/or Reduction of Fees
        • 189-6-.12 Notice to Commission of Anonymous Contributions
  • Tabled for Next Meeting
    • 189-3-.11 Lobbying Expenditures on Legislative Families - tabled for further review and presentation at the next meeting
    • 189-3-.12 Lobbying Expenditure Cap - tabled until the next meeting.
    • 189-6-.10 Declaration of Intention to Accept Campaign Contributions Must Be Filed Before Accepting Campaign Contributions - tabled this rule for future meeting.
    • 189-6-.11 When Campaign contributions Made via Check or Negotiable Instrument are Deemed Received - tabled this rule for future meeting

The Rules that were tabled will be re-drafted and posted before the June 25th meeting. Commission staff state that they welcome any comments or suggestions from the lobbying community. Such feedback empowers Commission staff  to know what the practical implications of the regulations are.