HB227 Alabama 2024 Session

Summary

Primary Sponsor

Matt Simpson Representative

Republican

Session

Regular Session 2024

Title

Ethics; laws pertaining to public officials and public employees revised

Description

The existing code of ethics includes provisions that prohibit a public official or public employee from using his or her office or confidential information for personal gain and from accepting anything for the purpose of corruptly influencing official action. These violations carry criminal penalties.

This bill would revise the crime of bribery and would add a new crime of using public office for pecuniary gain to the criminal code.

Under existing law, the State Ethics Commission is responsible for administering and enforcing a code of ethics for public officials and public employees and enforcing certain aspects of the Fair Campaign Practices Act.

This bill would repeal and replace the existing code of ethics and revise the duties and powers of the commission.

Under existing law, the commission is overseen by five commission members who serve staggered, five-year terms and are appointed on a rotating basis by the Governor, Lieutenant Governor, and Speaker of the House of Representatives. The commission appoints a director to oversee the operations of the commission.

This bill would maintain this process and HB227 INTRODUCED provide a mechanism for the removal of the director of the commission.

This bill would provide for five-year terms for the director, who may be reappointed subject to Senate confirmation.

Under existing law, the State Ethics Commission may impose administrative penalties for minor violations or certain violations of the Fair Campaign Practices Act but refers criminal violations to the Attorney General or a district attorney.

This bill would transfer all criminal violations to the criminal code and would authorize the commission to impose private warnings, public reprimands, civil penalties, and restitution for violations of the ethics code or Fair Campaign Practices Act.

Under existing law, the commission is authorized to issue advisory opinions on a specific set of circumstances and publish formal advisory opinions.

This bill would explicitly authorize both formal and informal advisory opinions and establish certain publishing requirements, including the publication of the core principles articulated in informal opinions.

Under existing law, the commission conducts investigations and holds hearings regarding potential violations of the ethics law and the Fair Campaign Practices Act.

This bill would require the commission to provide certain notice to a person under an ethics HB227 INTRODUCED investigation by the commission.

This bill would prohibit a state legislator from sponsoring or voting on legislation that could lead to a conflict of interest, would prohibit a public official or public employee from taking official action that could lead to a conflict of interest, and would define "conflict of interest." This bill would prohibit certain entities seeking to influence official action before a governmental body, including a lobbyist, termed a "prohibited source," from giving gifts to certain public servants and would prohibit public servants from accepting gifts from certain prohibited sources. This bill would define "gift" to be anything valued over $100, with certain exceptions.

Under existing law, certain public officers and public employees must annually file with the commission a statement of economic interests which are posted on the commission's website. This bill would revise who must file a statement of economic interests and what information must be disclosed on a statement. This bill would also require the redaction of certain personal information on a statement from publication by the commission.

Under existing law, public servants generally may not serve as a lobbyist before their former governmental bodies for two years after leaving service or upon the completion of their term.

HB227 INTRODUCED This bill would revise the revolving door provisions to allow certain public-to-public transfers in employment and would further provide for the scope of the revolving door restrictions.

This bill would authorize the Attorney General to issue certain opinions and authorize certain public servants to request an opinion.

This bill would also define terms and make conforming changes to existing law.

94 95.

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Subjects

Government Administration