Gift Made with Intent to Influence

No current state statute or regulation falls under the category of “Gift Made with Intent to Influence.”

Extra Compensation for Official Duties

§ 21-5-11. Regulation of Acceptance of Monetary Fees or Honoraria

(a) No public officer other than a public officer elected state wide shall accept a monetary fee or honorarium in excess of $100.00 for a speaking engagement, participation in a seminar, discussion panel, or other activity which directly relates to the official duties of that public officer or the office of that public officer.

(b) No public officer elected state wide shall accept any monetary fee or honorarium for a speaking engagement, participation in a seminar, discussion panel, or other such activity.

(c) For purposes of this chapter, actual and reasonable expenses for food, beverages, travel, lodging, and registration for a meeting which are provided to permit participation in a panel or speaking engagement at the meeting shall not be monetary fees or honoraria.

Ga. Code Ann. § 21-5-11.

§ 45-11-2. Selling Office or Dividing Profits Thereof

If any person who has been elected to any office shall sell or farm out said office; or if any person shall purchase or agree to give any money or thing of value to a person elected for the privileges of exercising the duties of said office . . . he shall be guilty of a felony . . . .

Ga. Code Ann. § 45-11-2.

Gift Regardless of Giver Status

No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”

Gift from Lobbyist or Regulated Entity

§ 21-5-72.1. Restrictions for Lobbyists

(b)

  1. No person who is registered as a lobbyist under Code Section 21-5-71 shall make any expenditure.
  2. No public officer shall with actual knowledge accept any expenditure from a person who is registered as a lobbyist under Code Section 21-5-71.

Ga. Code Ann. § 21-5-72.1.

§ 21-5-30.1. Contributions to Person Holding Office as, or Candidate for, Elected Executive Officer; Prohibitions

  1. (a) Except as otherwise provided in this subsection, the definitions set forth in Code Section 21-5-3 shall be applicable to the provisions of this Code section. As used in this Code section, the term:
    1. “Campaign committee” means the candidate, person, or committee which accepts contributions to bring about the nomination for election or election of an individual to the office of an elected executive officer.
    2. “Contribution” means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money, or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of an individual to the office of an elected executive officer or encouraging the holder of such office to seek reelection. The term “contribution” shall include the payment of a qualifying fee for and on behalf of a candidate for the office of an elected executive officer and any other payment or purchase made for and on behalf of the holder of the office of an elected executive officer or for or on behalf of a candidate for that office when such payment or purchase is made for the purpose of influencing the nomination for election or election of the candidate and is made pursuant to the request or authority of the holder of such office, the candidate, the campaign committee of the candidate, or any other agent of the holder of such office or the candidate. The term “contribution” shall not include the value of personal services performed by persons who serve on a voluntary basis without compensation from any source.
    3. “Elected executive officer” means the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, and members of the Public Service Commission.
    4. “Political action committee” means any committee, club, association, partnership, corporation, labor union, or other group of persons which receives donations aggregating in excess of $1,000.00 during a calendar year from persons who are members or supporters of the committee and which distributes these funds as contributions to one or more campaign committees of candidates for public office. Such term does not mean a campaign committee.
    5. “Regulated entity” means any person who is required by law to be licensed by an elected executive officer or a board under the jurisdiction of an elected executive officer, any person who leases property owned by or for a state department, any person who engages in a business or profession which is regulated by an elected executive officer or by a board under the jurisdiction of an elected executive officer, or any public utility corporation regulated by the Public Service Commission. For purposes of this paragraph, public utility corporation regulated by the Public Service Commission shall have the same meaning as provided by subsection (f) of Code Section 21-5-30.
  2. (b) No regulated entity and no person or political action committee acting on behalf of a regulated entity shall make a contribution to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate.
  3. (c) No person holding office as an elected executive officer and no candidate for the office of an elected executive officer and no campaign committee of a candidate for the office of an elected executive officer shall accept a contribution in violation of subsection (b) of this Code section.
  4. (d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, or who is an officer of a regulated entity from voluntarily making a campaign contribution from that person’s personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate; provided, however, that:
    1. The elected executive officer or candidate receiving one or more campaign contributions described in this subsection shall in his or her disclosure report under Code Section 21-5-34 separately identify each contribution and the total of contributions which he or she knows or should have reason to know are described in this subsection; and
    2. It shall be unlawful for any regulated entity or elected executive officer to require another by coercive action to make any such contribution.

Ga. Code Ann. § 21-5-30.1.

Absent a specific exemption below, no employee, nor any person on behalf of an employee, shall accept a gift from a lobbyist, vendor, or other person with whom the employee has a business relationship or interacts in the course of their employment with the State.

Georgia Executive Branch Code of Ethics, XII.

“Gift” shall mean any object or sum that retains value of more than $75.00 including intangible property, currency, gift cards, travel expenses, gratuities, subscriptions, memberships, loans, extensions of credit, forgiveness of debts, investment, advances or deposits of money, but shall not include contributions to campaign committees, or anything given that accrues to the benefit of the State.

Georgia Executive Branch Code of Ethics, § 2(10).

Definitions and Exceptions

Contribution and Gift Defined

(7) “Contribution” means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, bringing about the recall of a public officer holding elective office or opposing the recall of a public officer holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in this state or in a county or a municipal election in this state. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term “contribution” shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or public officer holding elective office. The term “contribution” shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate.

. . .

(14) “Gift” means any gratuitous transfer to a public officer or any member of the family of the public officer or a loan of property or services which is not a contribution as defined in paragraph (7) of this Code section and which is more than $100.00.

Ga. Code Ann. § 21-5-3(7), (14).

Expenditure Defined

  1. “Expenditure” [not permitted from lobbyists]:
    1. (A) Means a purchase, payment, distribution, loan, advance, deposit, or conveyance of money or anything of value made for the purpose of influencing the actions of any public officer, specifically including any such transaction which is made on behalf of or for the benefit of a public employee for the purpose of influencing a public officer;
    2. (B) Includes any other form of payment when such can be reasonably construed as designed to encourage or influence a public officer;
    3. (B.1) Includes reimbursement or payment of expenses exceeding $75.00 provided to a public officer from any individual lobbyist for transportation, travel, lodging, registration, food, and beverages;
    4. (C) Includes any gratuitous transfer, payment, subscription, advance, or deposit of money, services, tickets for admission to athletic, sporting, recreational, musical concert, or other entertainment events, or anything of value, unless consideration of equal or greater than face value is received;
    5. (D) Includes reimbursement or payment of expenses for recreational or leisure activities; and
    6. (E) Does not include anything defined in paragraph (4.1) of this Code section as a lobbying expenditure, the provisions of subparagraphs (A) through (D) of this paragraph notwithstanding.

Ga. Code Ann. § 21-5-70.

Lobbying Expenditure Defined

(4.1) “Lobbying expenditure” [permitted by lobbyists] means:

  1. (A) Promotional items generally distributed to the general public or to public officers and food and beverages produced in Georgia;
  2. (B) An award, plaque, certificate, memento, or similar item given in recognition of the recipient’s civic, charitable, political, professional, or public service;
  3. (C) Discounts, upgrades, memberships, or other accommodations extended by a business to a bona fide customer; or legitimate salary, benefits, fees, commissions, or expenses associated with a recipient’s nonpublic business, employment, trade, or profession;
  4. (D) Food, beverages, and registration at group events to which all members of an agency, as defined in paragraph (1) of subsection (a) of Code Section 21-5-30.2, are invited. For purposes of this subparagraph, an agency shall also include the House of Representatives, the Senate, standing committees of such bodies but not for more than one of such group events per committee per calendar year, caucuses of members of the majority or minority political parties of the House or Senate, other caucuses of the House or Senate as approved by the House Committee on Ethics or the Senate Ethics Committee, and the governing body of each political subdivision of this state;
  5. (E) Campaign contributions or expenditures as defined by Code Section 21-5-3 and reported as required by Article 2 of this chapter;
  6. (F) Reimbursement or payment of actual and reasonable expenses provided to a public officer and his or her necessary public employee staff members for such public officer’s and staff members’ individual transportation, lodging, travel, and registration for attending educational, informational, charitable, or civic meetings or conferences that are held at locations within the United States and directly relate to the official duties of that public officer or the office of that public officer, plus food and beverages for such public officer, his or her necessary public employee staff members, and spouse while attending such educational, informational, charitable, or civic meetings or conferences;
  7. (G) Anything which:
    1. (i) Does not qualify as a lobbying expenditure under subparagraphs (A) through (F) of this paragraph; and
    2. (ii) Would qualify as an expenditure under subparagraph (B.1) of paragraph (1) of this Code section except that it does not exceed an amount or value of $75.00 per person.

Ga. Code Ann. § 21-5-70.

Notes/Resources 

Resource(s):

Georgia Executive Branch Code of Ethics

Learn more about state gift laws