Gov. Nathan Deal signed legislation into law that critics say will make it harder for the public to find out whether state lawmakers have possible conflicts of interest.
Senate Bill 199 was amended late in the 2016 legislative session and was approved after The Atlanta Journal-Constitution and the Georgia News Lab reported that House Majority Leader Jon Burns, R-Newington, failed to properly disclose at least $120,000 in state agency payments to his private business.
Burns’ Atlanta attorney said the lawmaker has always submitted filings that were consistent with his understanding of the disclosure rules, and that the changes passed by the Legislature were necessary to “clarify the law.”
Brinkley Serkedakis, the executive director of Common Cause Georgia, disagreed.
“Governor Deal’s decision to sign SB 199 is, unfortunately, a step in the wrong direction for Georgia,” she said. “People in our state want and deserve a government that is open and accountable to its citizens, and there are several sections of SB 199 that are particularly damaging in terms of transparency.”
The state ethics commission, which has the power to fine and sanction officials for violations, is currently reviewing Burns' filings to determine whether he has complied with disclosure laws.
Tucked into SB 199 is a sentence that says lawmakers and other state officials do not have to report payments from the state on both personal financial disclosure reports and business transaction reports.
Another sentence would ensure that nonstatewide officials, such as Burns and other legislators, do not have to disclose payments from political subdivisions of the state, such as school districts.
Both respond to issues raised by the AJC/News Lab story.
After the January story ran, Burns and his attorney argued that any payments he did not disclose on his personal financial disclosure were listed on separate business transaction reports, fulfilling, they said, his obligations.
All lawmakers file financial disclosure forms, which are posted on the state ethics commission’s website. Those easily accessible forms show the businesses lawmakers have an ownership interest in, real estate holdings, employment and spouse information, investment information and, on the last page, payments received by the official or his businesses from the state of Georgia in excess of $10,000.
It is the most readily available form Georgians have to determine the business interests of lawmakers, and whether they or their businesses are earning money from the state that they help to govern and to fund. It’s also a quick way to find out whether lawmakers have a financial stake in the bills they file or support.
SB 199 essentially says if you file a separate “business transaction” form, you don’t have to disclose any state earnings on the annual financial disclosure that all legislators file. It essentially codifies Burns’ and his attorneys’ interpretation of disclosure laws.
“There should be no question: If you do business with the state, if you do business with someone who does business with the state, disclose it,” said William Perry of Georgia Ethics Watchdogs. “It is just so frustrating that they come up with reasons why it should be hidden.”
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