SB279 Alabama 2016 Session

Summary

Primary Sponsor

Gerald O. Dial

Republican

Session

Regular Session 2016

Title

Ethics, informal opinion by State Ethics Commission provided, prohibition of elected public officials lobbying revised, thing of value definition revised, Sec. 36-25-4.4 added; Secs. 36-25-1, 36-25-13, 36-25-23, 36-25-27 am'd.

Summary

SB279 would create a new immunity-based informal opinion process, narrow the lobbying ban to state office holders, require commission findings before AG/DA enforcement, and revise the thing-of-value definitions in Alabama's Ethics Code.

What This Bill Does

It creates a procedure for written informal opinions from the State Ethics Commission director or attorney that would provide immunity to the requester if all required information is provided and the official acts in line with the opinion. It narrows the lobbying prohibition to apply only to state office holders during their term (and related post-term restrictions), potentially exempting local officials from the same term limits. It changes enforcement so that the Attorney General or district attorneys may act only after the Commission determines a violation has occurred. It revises the definition of thing of value, adding and clarifying which gifts or benefits count or do not count, including de minimis values and various exemptions.

Who It Affects

• Public officials and public employees (state and local): They would be eligible for immunity through written informal ethics opinions if they provide complete information and follow the opinion; the scope of lobbying restrictions would depend on whether they hold state office, with the new thing-of-value rules affecting what gifts or benefits must be reported or avoided.
• State Ethics Commission and state enforcement offices (Attorney General and district attorneys): The Commission would gain authority to issue informal opinions with immunity and would determine violations before enforcement by AG/DA; enforcement and penalties could be pursued only after a Commission finding, with potential administrative resolutions for minor violations.

Key Provisions

• Adds Section 36-25-4.4 establishing an unpublished informal opinion process where the executive director or commission-attorney can issue written informal opinions to public officials, providing immunity if all pertinent information is provided and actions follow the opinion; opinions are issued in writing with copies to the Commission and must be issued within 21 days of the request.
• Amends Sections 36-25-1, 36-25-13, 36-25-23, and 36-25-27 to implement the informal opinion process, redefine terms, and adjust lobbying and ethics provisions as part of the Code of Alabama 1975.
• Reduces the scope of the lobbying prohibition by limiting it to state office holders during their term (and related post-term restrictions), rather than applying uniformly to all elected public officials and local government lobbying.
• Revises the definition of 'thing of value' and related gift rules to include detailed categories, exemptions, de minimis thresholds, and various conditions, shaping what counts as a reportable gift or benefit under the Ethics Code.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Ethics