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

Summary

SB578 would tighten and expand regulation of political action committees in Alabama by increasing penalties, giving new enforcement powers to the Secretary of State, and strengthening rules on contributions, including out-of-state and unsolicited funds.

What This Bill Does

It makes officers and employees of a political action committee criminally liable for violations of the Fair Campaign Practices Act. It prohibits PACs from accepting or using in-state campaign contributions that were obtained from out-of-state in violation of the Act and imposes criminal penalties. It creates a process for handling unsolicited or unwanted contributions, requiring donors to be contacted and allowing the PAC to return or retain the funds within seven business days with reporting. It expands the Secretary of State's role by creating an investigations division, granting subpoena power, allowing civil fines up to 5,000 dollars, and enabling referrals to the Attorney General or district attorney for prosecution. It adds a new offense prohibiting soliciting or concealing out-of-state contributions obtained in violation of the Act, with associated penalties.

Who It Affects

• Political action committees and their officers, directors, servants, or employees in Alabama, who would face criminal liability for violations and must follow procedures for unsolicited contributions and reporting.
• The Alabama Secretary of State (and by extension the Attorney General or district attorneys), whose office gains an investigations division, subpoena power, ability to assess fines, and authority to pursue prosecutions of PAC violations.

Key Provisions

• Adds §17-5-3.1: PAC officers, directors, servants, or employees are criminally liable for any violation of the Fair Campaign Practices Act committed in the name or on behalf of the PAC.
• Adds §17-5-8.1: Unsolicited contributions must be addressed; donor contacted; if not prohibited, the PAC may return or retain the funds within seven business days and report the action; retained contributions must be reported.
• Adds §17-5-17.1: It is unlawful to solicit or conceal an out-of-state contribution secured in violation of the Act; penalties apply.
• Amends §17-5-11: Secretary of State creates an investigations division, monitors PAC records, can issue subpoenas, impose administrative fines up to $5,000, and refer violations to the Attorney General or district attorneys for prosecution.
• Amends §17-17-35: Sets penalties for violations (Class A or B misdemeanors, or Class B felony for certain violations; Class C felony for §17-5-17.1), and outlines venue and prosecution rules.
• Notes that the bill would be exempt from local-fund expenditure requirements under Amendment 621 because it creates or amends crimes, and states the effective date as the first day of the third month after passage.
• Section 4: The act becomes effective on the first day of the third month following its passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Political Action Committees