SB221 Alabama 2018 Session

Summary

Primary Sponsor

Trip Pittman

Republican

Session

Regular Session 2018

Title

Ethics, legislators engaged in professional services, opinion of Ethics Commission required, Sec. 36-25-7.1 added

Summary

SB 221 would require Alabama legislators to obtain preapproval from the Ethics Commission before certain compensated business arrangements, with rules, reporting, and limited liability protections.

What This Bill Does

It requires a legislator to submit a detailed written request to the Ethics Commission for preapproval before accepting compensation from a client for a business arrangement. The Ethics Commission reviews the request and has up to 60 days (with a possible additional 30 days for more information) to decide, using specified factors such as the member's expertise and standard pricing. Some arrangements are given a presumption of being appropriate, and the Commission can adopt rules to carry out the process. If preapproved, the arrangement provides limited civil/criminal protection for the member, and records related to the process are public with certain privacy exceptions; legislators must report existing clients when they qualified to run for office.

Who It Affects

• Members of the Alabama Legislature: must seek preapproval and provide detailed information before receiving compensation for certain business arrangements, and must report existing client relationships.
• Ethics Commission: gains authority to review, preapprove, set rules, request information, and oversee these business arrangements, including handling related public records disclosures.

Key Provisions

• Adds Section 36-25-7.1 establishing definitions for business arrangement, client, compensation, and member.
• A member may not accept compensation from a business arrangement until receiving preapproval from the Ethics Commission.
• The Commission has 60 days to preapprove, with up to 30 additional days if more information is needed; the member must provide any requested information or documentation.
• Factors for preapproval include member expertise, similarity to services expected by the client, and appropriate compensation rates and values.
• There is a presumption that certain arrangements are appropriate, such as continuation of pre-existing relationships, professional services in the field, or goods at fair market value.
• Preapproval requires a majority vote of the Commission members present; special meetings can be called if needed.
• Members must notify the Commission of material changes to a business arrangement and may withhold certain information to protect privileges, while maintaining public disclosure of the request.
• Preapproval provides limited protection from civil/criminal liability for services or goods provided in reliance on the Commission's approval, contingent on complete and accurate information.
• Most records related to this section are public records, with exceptions for good cause; the fact that a preapproval request was made remains public.
• Before taking office, a member must file a detailed list of all clients with whom they had business arrangements at the time they qualified to run.
• The Ethics Commission may adopt rules to implement this section.
• The act applies to legislators on and after November 7, 2018, and becomes law upon passage and approval.

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

Subjects

Legislators