SB343 Alabama 2018 Session

Summary

Primary Sponsor

Del Marsh Senator

Republican

Session

Regular Session 2018

Title

Ethics, Alabama Ethics Act, Secs. 36-25-3.1, 36-25-3.2, 36-25-3.3, 36-25-4.4, 36-25-7.1, 36-25-7.2 added; Secs. 36-25-1, 36-25-2, 36-25-3, 36-25-4, 36-25-4.2, 36-25-5, 36-25-5.1, 36-25-7, 36-25-8, 36-25-9, 36-25-10, 36-25-11, 36-25-12, 36-25-13, 36-25-14, 36-25-15, 36-25-17, 36-25-18, 36-25-19, 36-25-23, 36-25-24, 36-25-26, 36-25-27am'd; Sections 36-25-1.1 and 36-25-6 repealed

Description

This bill would substantially revise the law relating to ethics of public officials and public employees to, among other things: revise the definition of business and business with which the person is associated; revise the definition of principal; revise the definition of thing of value to specify the circumstances in which gifts, proceeds from the sale of property, and prospective or actual compensation from an employer are not a thing of value; revise the definition of a minor violation; exempt certain public education employees, law enforcement employees, and first responder employees from the requirements of filing a statement of economic interest and prohibitions on asking for or receiving a thing of value from a lobbyist or principal; allow caucuses to solicit or receive meals and beverages from a lobbyist or principal, subject to limitations; authorize the creation of a legal defense fund for a public official or public employee being investigated for or arrested or indicted for a violation of the Code of Ethics or the Fair Campaign Practices Act or is the subject of a pending complaint with the commission or a matter that has been referred to the commission by the Attorney General or a district attorney; increase the circumstances under which the commission can use the process of administrative resolution for violations of the ethics act; prohibit a public official or public employee from using his or her mantle of office, as defined, for personal gain; create the crime of extortion of a public official or public employee by persons attempting to corruptly influence the action of a public official or public employee; revise the filing requirements for the statement of economic interests for public officials to expand the businesses from which income is required to be reported, require disclosure of family relationships with lobbyists and principals, and require a list of economic development functions, educational functions, and widely attended events attended; similarly revise the statement of economic interests for public employees except for the disclosure of economic development functions, education functions, and widely attended events; specify procedures including criminal sanctions when statements of economic interests are not filed timely; to specify criminal sanctions for filing statements of economic interests that are intentionally false; provide for redacting of filed statements of economic interests in limited instances for limited purposes; and prohibit a person convicted of a violation of the code of ethics after the effective date of the bill from being registered as a lobbyist.

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.

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Subjects

Ethics