Ga. Comp. R. & Regs. R. 189-3-.06 - Flight on Noncommercial Aircraft by a Candidate, Public Officer, or Person Traveling on Behalf of a Candidate or Committee, for Campaign Purposes

Current through Rules and Regulations filed through April 4, 2022

(1) Definitions. The following words and terms as used in this rule shall have the meaning hereinafter ascribed to them:
(a) "Campaign traveler" - any candidate, public officer, staff member traveling on behalf of a campaign, person traveling on behalf of a candidate or public officer in connection with a campaign for public office, or person traveling on behalf of a committee for campaign purposes.
(b) "Fair market value of a noncommercial flight" - the value set by the Commission for flight on noncommercial aircraft.
(c) "Noncommercial aircraft" - aircraft owned and operated for noncommercial purposes, including but not limited to fixed wing aircraft and helicopters.
(d) "Service provider" - the owner of an aircraft, or a person who leases an aircraft from the owner or otherwise obtains a legal right to the use of an aircraft, and who uses the aircraft to provide transportation to a campaign traveler.
(e) "Unreimbursed value" - the difference between the value of noncommercial flight as set by the Commission and the payment made for such flight by a candidate or public officer for campaign purposes. Any such unreimbursed value is an in-kind contribution.
(2) Fair market value. The fair market value of a noncommercial flight on noncommercial aircraft will be set by the Commission on a yearly basis and will apply until next revised by the Commission. The fair market value shall be based on:
(a) The number and type of the aircraft's engines, e.g., one propeller, two propellers, or two jet engines;
(b) The seating capacity of the aircraft; and
(c) The mileage of the flight.
(3) Calculation of apportionment and pro rata values.
(a) A candidate may apportion the fair market value of flight(s) on noncommercial aircraft for mixed-use purposes as follows:
1. If a trip involves both campaign and non-campaign related stops, any expenditure for a noncommercial flight arriving at, or departing from, a campaign related stop must be disclosed in accordance with this rule. Campaign-related activity shall not include any incidental contacts.
2. If a stop consists of both an official event that is in furtherance of a public officer's fulfillment of office and an event that is for campaign purposes in the public officer's role as a candidate, then the public officer need not disclose the value of the arrival and departure flights so long as the official event would have occurred regardless of any campaign event and the public officer has not paid for the flight with campaign funds.
(b) The pro rata share of a flight on noncommercial aircraft with campaign travelers from different campaigns or committees, or campaign travelers and non-campaign travelers, shall be as follows:
1. If the entire use of the noncommercial aircraft is by one campaign or committee, then no pro rata calculation shall be made.
2. If more than one campaign or committee has campaign travelers on a flight, or if there is a mix of campaign travelers and non-campaign travelers, then a candidate's pro rata share shall be calculated by either:
i. multiplying the fair market value of the flight by the number of campaign travelers for that candidate's campaign, and then dividing this number by the total number of passengers, or
ii. dividing the fair market value by the number of campaigns and committees represented on the flight, minus any share of the value of the flight attributable to non-campaign travelers.
(4) Non-Commercial Travel
(a) For non-commercial travel by a candidate on an aircraft owned or leased by that candidate or an immediate family member of that candidate that is conducted in connection with such candidate's campaign for elective office:
(1) The candidate, campaign, or other person/entity shall utilize the formulas delineated in Advisory Opinion 2012-04 and 2012-06 at Line 83 to Line 113 in order to properly calculate the expenses associated with non-commercial travel by a candidate on aircraft owned or leased by a candidate or an immediate family member of that candidate.
(5) Disclosure. Reporting of flights on noncommercial aircraft for campaign purposes by a candidate, public officer or member of a committee shall be as follows:
(a) The candidate, public officer, or committee that makes an expenditure for a flight (or that records an in-kind contribution for a flight) must disclose on the Campaign Contribution Disclosure Report due for the reporting period in which the flight occurred the departure and arrival airport(s) of the flight and the Commission mileage rate applicable to the aircraft used and by which the value of the flight is being assessed.
(b) A candidate or committee shall reimburse the service provider of the aircraft the pro rata share of the fair market value of a noncommercial flight as set by the Commission, not including the receipt of an in-kind contribution in the form of unreimbursed value, if applicable.
(c) A public officer may expend campaign funds for flight(s) on noncommercial aircraft if such flight is an ordinary and necessary expense incurred in connection with the public officer's fulfillment or retention of office. Any such expenditure must be valued in accordance with Rule 189-3-.06(2), must be disclosed in accordance with Rule 189-3-.06(4), and must be documented in accordance with Rule 189-3-.06(5).
(6) Recordkeeping. The candidate, public officer or committee on whose behalf the flight is conducted shall maintain documentation for inspection by the Commission which includes the following information:
(a) The service provider and the size, model, make and tail number of the aircraft used; and
(b) An itinerary showing the departure and arrival cities and the date(s) of departure and arrival, the number of passengers on each leg of a flight, along with a confirmation of how many passengers are, and are not, campaign travelers.

Notes

Ga. Comp. R. & Regs. R. 189-3-.06
O.C.G.A. Secs. 21-5-3, 21-5-6, 21-5-34
Original Rule entitled "Flight on Noncommercial Aircraft by a Candidate, Public Officer, or Person Traveling on Behalf of a Candidate or Committee, for Campaign Purposes" adopted. F. Dec. 5, 2008; eff. Jan. 1, 2009, as specified by the Agency. Amended: F. Jan. 11, 2016; eff. Jan. 31, 2016.

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