SB241 Alabama 2015 Session

Under existing law, the Fair Campaign Practices Act governs political action committees, principal campaign committees, and campaign contributions and expenditures

This bill would clarify when campaign contributions and expenditures are made and would clarify the disposition of a campaign committee and its assets upon its dissolution or termination

This bill would clarify that legal costs associated with a civil action, criminal prosecution, or investigation reasonably related to the performance of duties may be paid using campaign funds

This bill would decrease the civil penalties for failure to properly report contributions or expenditures

This bill would provide for the payment of civil penalties using campaign funds

This bill would create a State Campaign Finance Commission and provide for its membership

This bill would also authorize the State Campaign Finance Commission to affirm, reduce, or set aside civil penalties, to take investigative actions of potential criminal violations, and to issue advisory opinions. A complaint filed would be subject to secrecy protections and a violation would be punishable as a Class C felony

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

Relating to campaign financing; to designate as Article 1 Sections 17-5-1 to 17-5-21, inclusive, Code of Alabama 1975; to amend Sections 17-5-2, 17-5-4, 17-5-5, 17-5-6, 17-5-7, 17-5-8, 17-5-9, 17-5-10, 17-5-19, 36-25-14, and 36-25-15, Code of Alabama 1975; to add Sections 17-5-7.2, 17-5-19.1, 17-5-19.2, 17-5-21, and 36-14-18 to the Code of Alabama 1975; to add a new Article 2, consisting of Sections 17-5-30 to 17-5-35, inclusive, to Title 17, Chapter 5 of the Code of Alabama 1975; to clarify when campaign contributions and expenditures are made and would clarify the disposition of a campaign committee and its assets upon its dissolution or termination; to clarify that legal costs associated with a civil action, criminal prosecution, or investigation reasonably related to the performance of duties may be paid using campaign funds; to decrease the civil penalties for failure to properly report contributions or expenditures; to provide for the payment of civil penalties using campaign funds; to create a State Campaign Finance Commission and provide for its membership and to authorize the State Campaign Finance Commission to affirm, reduce, or set aside civil penalties, to take investigative actions of potential criminal violations, and to issue advisory opinions; and to provide a criminal penalty for disclosing information relating to a filed complaint; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.