SB279 Alabama 2016 Session

Under existing law, the State Ethics Commission may issue advisory opinions which provide immunity to the person requesting the opinion and any other person relying on the opinion in good faith. Existing rules of the commission authorize the director and general counsel of the commission to issue informal opinions on the application of the Code of Ethics to a particular individual, but an informal opinion does not provide immunity

This bill would establish a procedure for the issuance by the director or an attorney of the commission of written informal opinions to public officers or employees that would provide immunity to the officer or employee making the request if all pertinent information was presented and the officer or employee acted in accordance with the relevant circumstances, factors, and requirements set forth in the opinion

Under existing law, an elected public official may not lobby or represent a client, including his or her employer, before any legislative body or any branch of state or local government during the term for which he or she was elected and is prohibited from lobbying before the board, agency, commission, department, or legislative body of which he or she is a former member for two years after the end of the term for which he or she was elected. The bill would limit the provision prohibiting an elected public official from lobbying or representing a client before any legislative body or any branch of state or local government during the term for which the elected public official was elected to state office holders

Under existing law, enforcement of the Code of Ethics is vested in the State Ethics Commission but the Attorney General and district attorneys also are authorized to enforce it

This bill would condition enforcement of the Code of Ethics by the Attorney General or a district attorney on a determination by the commission that a violation of the Code of Ethics has occurred. The bill would also revise the definition of a thing of value for purposes of the Code of Ethics

Relating to the Code of Ethics; to amend Sections 36-25-1, 36-25-13, 36-25-23, and 36-25-27 of, and to add Section 36-25-4.4 to, the Code of Alabama 1975, to provide for informal opinions by the State Ethics Commission; to revise the prohibition on lobbying by elected public officials; to require a determination by the commission that a violation of the Code of Ethics has occurred prior to an action by the Attorney General or a district attorney; and to revise the definition of a thing of value.