SB578 Alabama 2012 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

William “Bill” M. BeasleyRodger SmithermanRoger Bedford, Jr.Linda Coleman-MadisonGeorge M. “Marc” KeaheyVivian Davis FiguresJerry L. Fielding

Session

Regular Session 2012

Title

Political Action Committee, regulation of contribution, criminal penalties, Secs. 17-5-3.1, 17-5-8.1, 17-5-17.1 added; Secs. 17-5-11, 17-17-35 am'd

Description

Existing law restricts the contributions that a political action committee may make.

This bill would provide that each officer, director, servant, or employee of a political action committee is criminally liable for conduct that is a violation of the Fair Campaign Practices Act.

This bill would specifically make it unlawful for a political action committee to accept a contribution in violation of the Fair Campaign Practices Act or to accept or use any contribution in a political campaign within this state that was obtained from another state and provide for criminal penalties.

This bill would provide a procedure for the use and processing of unsolicited or unwanted contributions received by a political action committee.

This bill would expand the duties of the Alabama Secretary of State with regard to political action committees by allowing the Secretary of State to establish a division to investigate the actions of a principal campaign committee, or its officers, directors, servants, or employees, levy a civil fine, and refer the committee, its officers, directors, servants, or employees to the Attorney General or the appropriate district attorney for prosecution.

This bill would grant subpoena power to the Secretary of State with regard to an investigation of political action committees.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Political Action Committees