2020 Georgia Code
Title 21 - Elections
Chapter 5 - Ethics in Government
Article 4 - Public Officials' Conduct and Lobbyist Disclosure
§ 21-5-71. Registration Required; Application for Registration; Supplemental Registration; Expiration; Docket; Fees; Identification Cards; Public Rosters; Exemptions

1. 1. Subject to paragraph (2) of this subsection and except as otherwise provided by subsection (i) of this Code section, 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.
   2. When a person is hired or retained as an employee or agent or independent contractor and under the agreement of the parties the primary duties, or a substantial part of the duties, of the person will involve lobbying activities, the person shall register as a lobbyist before commencing lobbying activities.
2. Each lobbyist who is required to register under this article 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 attempting to influence rule making or purchasing by a state agency or agencies, 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;
   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; and
   9. A statement by the applicant verifying that the applicant has received the Georgia General Assembly Employee Sexual Harassment Policy as set forth in the Georgia General Assembly Handbook, has read and understands the policy, and agrees to abide by the policy.

      The commission shall retain on file the statement required pursuant to paragraph (9) of this subsection and any renewal statements under subsection (d) of this Code section for the duration of the lobbyist's registration period. A copy of such statement shall be sent to the Legislative Fiscal Office.

3. The lobbyist shall, prior to 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.
4. 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; provided, however, that the statement regarding the sexual harassment policy required under paragraph (9) of subsection (b) of this Code section shall be signed and filed each year as a part of the renewal process.
5. 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.
6. 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. 1. There shall be no charge for annual lobbyist registration or renewal filed pursuant to this Code section; provided, however, that the commission shall set, collect, and retain the fees for the following items:
         1. Lobbyist identification card issued pursuant to this Code section;
         2. Lobbyist supplemental registration filed pursuant to this Code section; and
         3. Each replacement of a lobbyist identification card issued pursuant to this Code section.
      2. 1. 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.
         2. 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.
      3. 1. 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.
         2. 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.
7. 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.
8. 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.
9. The registration provisions of this Code section shall not apply to:
   1. Any individual who communicates personal views, interests, or professional opinions on that individual's own behalf to any public officer;

      (1.1) An employee or independent contractor of a vendor who solely participates in soliciting a bid or in preparing a written bid, written proposal, or other document relating to a potential contract with a state or local government agency or a bona fide salesperson who sells to or contracts with a state or local government agency for goods or services, is not hired specifically to undertake influencing a public officer or state agency in the selection of a vendor to supply any goods or services to any state agency, and does not engage in other activities which would make such person a lobbyist;

   2. Any person who is invited by a public agency or governmental entity to appear before a committee or at a hearing of such agency or entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, for the purpose of giving testimony so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she is testifying;
   3. Any person who is invited to furnish information upon the specific request of a public agency or governmental entity, including but not limited to a committee of either chamber of the General Assembly or a joint committee thereof, so long as such person clearly identifies himself or herself and the interested party on whose behalf he or she furnishes such information;

      (3.1) Any individual who is not compensated for the specific purpose of lobbying, does not incur more than $250.00 per calendar year in reimbursable lobbying expenditures, and is a member, director, trustee, officer, or committee member of a business, trade, labor, farm, professional, religious, educational, or charitable association, foundation, or organization which employs or contracts with a registered lobbyist for the purpose of lobbying;

   4. Any licensed attorney appearing on behalf of or representing a client, and any staff employed by such attorney, when such attorney is not compensated for the specific purpose of lobbying;
   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 or appointed public officials performing the official duties of their public office or position;

      (6.1) Any employee of the executive or judicial branch of state government; provided, however, that when such an employee is acting on behalf of such government employer, meeting with or appearing before a public officer other than one from the same branch of government which employs such employee, and engaged in activity for which registration would otherwise be required under this Code section, such employee shall be required to display an identification card, issued by such employer, which shall have printed thereon the employee's name and the name of the employer; or

   7. Any public employee, aide, or intern 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.

(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; Ga. L. 2011, p. 19, § 8/HB 232; Ga. L. 2013, p. 540, § 5/HB 142; Ga. L. 2016, p. 173, § 11/SB 199; Ga. L. 2017, p. 774, § 21/HB 323; Ga. L. 2018, p. 994, § 1/HB 973.)

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, added "or" at the end of paragraph (i)(6.1).

The 2018 amendment, effective July 1, 2018, deleted "and" at the end of paragraph (b)(7); added "; and" at the end of paragraph (b)(8); added paragraph (b)(9); and added the proviso at the end of subsection (d).

- The amendments to subparagraphs (f)(2)(D) and (f)(2)(E) of this Code section by Ga. L. 2010, p. 9, § 1-49, irreconcilably conflicted with and were treated as superseded by Ga. L. 2010, p. 1173, § 21. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

- Ga. L. 2005, p. 859, § 28/HB 48, not codified by the General Assembly, provides that the Act shall not apply to any violation occurring prior to January 9, 2006.

Ga. L. 2010, p. 1173, § 1/SB 17, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Georgia Government Transparency and Campaign Finance Act of 2010.'"

Ga. L. 2010, p. 1173, § 304/SB 17, not codified by the General Assembly, provides: "This Act shall become effective on January 10, 2011, and shall apply to all reports filed on and after such date; provided, however, that if Code Section 45-12-92.1 as enacted by HB 1055 at the regular session of the 2010 General Assembly does not become law, then the following provisions as enacted by this Act shall not become effective and shall be reserved instead: paragraph (2) of subsection (k) of Code Section 21-5-34; paragraph (2) of subsection (f) of Code Section 21-5-50; division (f)(2)(D)(ii) of Code Section 21-5-71; and division (f)(2)(E)(ii) of Code Section 21-5-71." HB 1055 became effective May 12, 2010.

Ga. L. 2011, p. 19, § 10/HB 232, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is the express intention of the General Assembly that this Act be applied retroactively to January 10, 2011, as well as prospectively." This Act became effective March 15, 2011.

- For article on the 2005 amendment of this Code section, see 22 Ga. St. U. L. Rev. 119 (2005). For article on the 2013 amendment of this Code section, see 30 Ga. St. U. L. Rev. 129 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions decided under former Code 1933, § 47-1002 and former Code Section 28-7-2 are included in the annotations for this Code section.

- Compensated officers of unions or business organizations who express their opinions on proposed or pending legislation to members of the General Assembly on behalf of such entities must register as lobbyists in accordance with the Public Officials Conduct and Lobbyist Disclosure Act of 1992, O.C.G.A. § 21-5-70 et seq. 1993 Op. Att'y Gen. No. U93-2.

- Persons, who reside outside of the state and who desire to aid or oppose legislation, must register regardless of whether they intend to appear in person to speak with members of the General Assembly. 1988 Op. Att'y Gen. No. 88-23 (decided under former § 28-7-2).

It is unnecessary for a person to appear in person in order to register so long as the person files a writing containing the required information. 1988 Op. Att'y Gen. No. 88-23 (decided under former § 28-7-2).

- Person does not have to be issued identification card immediately upon registration, but must be issued an identification card as soon as it is feasible to do so. The Secretary of State may make a provision for the issuance of a picture identification card in addition to the card provided for by statute. 1988 Op. Att'y Gen. No. 88-23 (decided under former § 28-7-2).

- State, county and city officials, employees and their representatives who intend, in their official capacities, to aid or oppose the enactment of any bill by either House of the General Assembly are not required to register with the Secretary of State, since nothing in the chapter, or in former subsection (a) of former Code 1933, § 47-1002, specifically made the statute applicable to the state or its political subdivisions. 1975 Op. Att'y Gen. No. 75-28 (decided under former Code 1933, § 47-1002).

To the extent that an organization is comprised solely of political subdivisions and the elected representatives thereof, and is funded solely from public funds paid by the political subdivisions represented by the organization, the exemption given officials and employees of political subdivisions would extend to such organizations. 1975 Op. Att'y Gen. No. 75-28 (decided under former Code 1933, § 47-1002).

RESEARCH REFERENCES

Am. Jur. 2d.

- 17A Am. Jur. 2d, Contracts, § 266 et seq.

- 16D C.J.S., Constitutional Law, § 2241. 17 C.J.S., Contracts, §§ 284, 285.

- Validity of lobbying contracts, 67 A.L.R. 684.

Validity, construction, and application of state and municipal enactments regulating lobbying and lobbying contracts, 35 A.L.R.6th 1.