HB10 Alabama 2016 1st Special Session Session

Under existing law, a teacher or other employee of a public K-12 school is prohibited from accepting a gift from a student if the value of the gift is over $25

This bill would allow a teacher or other support employee of a public K-12 school to accept a gift of any value from a student if the gift does not require or involve any action, inaction, or decision by the teacher or employee in the discharge of his or her official duties

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

To amend Section 36-25-1, Code of Alabama 1975, relating to the Code of Ethics, to authorize gifts from students to teachers and certain employees of public K-12 schools under certain conditions; 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.