2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 1 - General Provisions
§ 45-1-6. Gifts to Employees by Vendors; Disclosure; Reports

1. As used in this chapter, the term:
   1. "Commission" means the Georgia Government Transparency and Campaign Finance Commission created under Code Section 21-5-4.
   2. "Gift" means a gratuity, subscription, membership, trip, meal, loan, extension of credit, forgiveness of debt, advance or deposit of money, or anything of value.
   3. "Person" means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
   4. "Public employee" means every person employed by the executive, legislative, or judicial branch of state government or any department, board, bureau, agency, commission, or authority thereof. This shall not include elected officials.
   5. "Vendor" means any person who sells to or contracts with any branch of state government or any department, board, bureau, agency, or commission thereof for the provision of any goods or services.
2. Any vendor who, either directly or through another person, makes a gift or gifts to one or more public employees exceeding in the aggregate $250.00 in value during any calendar year shall file a disclosure report with the commission in the form specified by the commission listing the amount and date of receipt, the name and mailing address of any vendor making the gift, and the name, address, and position of each public employee receiving such a gift.
3. Each disclosure report required by subsection (b) of this Code section shall be filed with the commission not later than February 1 of each year and shall cover the preceding calendar year.
4. A report required by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in a calendar year shall contain cumulative totals of all gifts which have been made or received and which are required to be reported.
5. In addition to other penalties provided under this Code section, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed.
6. The commission is vested with the same powers with respect to this Code section as enumerated in Code Section 21-5-6.
7. Venue for prosecution of civil violations of this Code section or for any other action by or on behalf of the commission shall be in the county of residence of the accused person at the time of the alleged violation or action.
8. Any person who knowingly fails to comply with or knowingly violates this Code section shall be guilty of a misdemeanor.

(Code 1981, §45-1-6, enacted by Ga. L. 1996, p. 1069, § 1; Ga. L. 2010, p. 1173, § 26/SB 17.)

- 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, § 30/SB 17, not codified by the General Assembly, provides, in part, that the amendment to this Code section applies to all reports filed on and after January 10, 2011.

- For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Lobbyists and Legislators," see 11 Ga. St. B.J. 22 (No. 4, 2005).

OPINIONS OF THE ATTORNEY GENERAL

Individuals required to file disclosure report.

- All individuals who sell to or contract with any entity of state government and who give any gifts to public employees which in the aggregate exceed $250 in value must, by February 1 of each calendar year, file a disclosure report with the State Ethics Commission. 1997 Op. Att'y Gen. No. U97-12.

- O.C.G.A. § 45-1-6 does not require the disclosure of ordinary financial transactions, such as loans or extensions of credit and deposits, made in the ordinary course of business. 1996 Op. Att'y Gen. No. 96-20.