HB105 Alabama 2021 Session

Under existing law, the State Ethics Commission is responsible for administering and enforcing the code of ethics for public officials and public employees. The commission is comprised of five members appointed on a rotating basis by the Governor, Lieutenant Governor, and Speaker of the House of Representatives

Under existing law, the State Ethics Commission may impose administrative penalties for minor violations, but refers cases for all other enforcement of the code of ethics to the Attorney General or the appropriate district attorney. The Attorney General or a district attorney may also initiate an enforcement action against a public official or public employee without involving the State Ethics Commission

This bill would require the Attorney General, a district attorney, or any other law enforcement agency that initiates an investigation of a suspected violation of code of ethics to notify and cooperate with the commission

This bill would prohibit the Attorney General or a district attorney from presenting a suspected ethics violation by an individual subject to the code of ethics, other than a member or employee of the commission, to a grand jury without a referral by the commission

This bill would add a sixth member to the State Ethics Commission, extend the members' terms to six years, revise qualifications, and add as appointing officials to membership of the commission the presiding judges of the Court of Civil Appeals, the Court of Criminal Appeals, and the President Pro Tem of the Senate

This bill would revise certain prohibitions on offering and accepting of gifts from a lobbyist or principal to a public official or public employee, as well as offering and accepting of gifts from certain regulated entities to a public official or public employee, with certain exceptions

This bill would revise revolving door, conflict of interest, and statement of economic interests provisions

This bill would revise whistleblower protections for public employees who report ethics violations

This bill would move a criminal prohibition against a person using his or her official authority or position for influencing the vote or political action of any person from the elections code to the code of ethics

This bill would authorize the State Ethics Commission to issue public reprimands or private censures for minor, non-substantative violations of the code of ethics where the offender did not realize any economic gain

This bill would delete unnecessary definitions, simplify definitions, and revise certain definitions

This bill would delete duplicative language in the code of ethics

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

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

Relating to ethics; to amend Sections 36-25-1, 36-25-3, 36-25-4, 36-25-4.1, 36-25-4.3, 36-25-5, 36-25-5.1, 36-25-7, 36-25-8, 36-25-9, 36-25-10, 36-25-12, 36-25-13, 36-25-14, 36-25-15, as last amended by Act 2019-529 of the 2019 Regular Session, 36-25-16, 36-25-17, 36-25-18, 36-25-19, 36-25-23, 36-25-24, and 36-25-27, Code of Alabama 1975; to repeal Sections 17-17-4, 36-25-1.1, 36-25-1.3, 36-25-5.2, 36-25-6, 36-25-11, and 36-25-22 of the Code of Alabama 1975; to require a law enforcement officer who initiates an investigation of a suspected ethics violation to notify and cooperate with the State Ethics Commission; to prohibit the Attorney General or a district attorney from presenting a suspected ethics violation to a grand jury without a referral by the commission, unless the suspected violation is committed by a member or employee of the commission; to add a member to the State Ethics Commission and extend the term; to provide further for the appointments and duties of the commission; to revise the gift ban, conflict of interest provisions, revolving door provisions, and whistleblower protections; to provide further for filing of statements of economic interests; to prohibit a public official or public employee from using his or her official authority or position for influencing the vote or political action of any individual under the code of ethics; to revise definitions; to delete duplicative language; to make nonsubstantive, technical revisions to update the existing code language to current style; 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.