Ethics in Government

LWVAL Action Priority Level II - Monitoring occurs; action dependent on opportunity and available resources.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative progress. Inclusion of a bill in this list does not necessarily indicate LWVAL support. The League's position, if any, is noted under League Action & Justification.

green-right-arrow.jpgIndicates change from previous week's report such as new progress in the legislature and/or League action. These updates are in green font.

LWVAL has taken a position on these bills.

HB 54 - Ethics Commission granted subpeona power

Sponsor(s): Rep. Alvin A. Holmes

Summary/Synopsis: Currently, the State Ethics Commission does not possess subpoena power. This bill would grant subpoena power to the commission.
Download original HB54. (See "Bill Progress" for substitute bill.)

League Action & Justification: LWVAL supports HB54. Ethics Commission granted subpoena power. Substitute requires 4 out of 5 commissioners to vote to issue subpoena. The League would prefer the vote to be a majority..

Bill Progress in the Legislature:
1st Read: 1/12/10 and assigned to 2nd Read: 1/14/10 and placed on the calendar with 1 substitute 116225-3 for 3rd reading pending favorable from Judiciary. 1/21/2010: 3rd reading and passed House (93-1-2); sent to Senate
2/2/2010: 1st reading in senate and referred to

HB 55 - Grants subpoena power to the State Ethics Commission.

Sponsor(s): Rep. Cam Ward, Rep. Blaine Galliher, Rep. Mike Hill

Summary/Synopsis: Currently, the State Ethics Commission does not possess subpoena power. This bill would grant subpoena power to the commission.
Download original HB55. (See "Bill Progress" for substitute bill.)

League Action & Justification: LWVAL supports HB55. Ethics Commission granted subpoena power. Substitute requires 4 out of 5 commissioners to vote to issue subpoena. The League would prefer the vote to be a majority..

Bill Progress in the Legislature:
1st Read: 1/12/10 and assigned to 2nd Read: 1/14/10 and placed on the calendar with 1 substitute for 3rd reading pending favorable from Judiciary. 1/21/2010: 3rd Reading and passed; 1st substitute offered (116412-1); motion to indefinitely postpone adopted by voice vote.

HB 153 and SB 4 - substantially revises, clarifies, and reorganizes the current ethics code

Sponsor(s):
HB 153: Rep. H. Mac Gipson, Jr.
SB 4: Sen. Ben Brooks and Sen. Trip Pittman

Summary/Synopsis: This bill is the same as last year’s ethics reform bill (HB 594) that LWVAL supported. It calls for reorganization and revisions to the ethics code to create coherence and clarity. The proposed 9 chapter headings are General Provisions, State Ethics Commission Complaints and Investigations; Misuse of Official Position; Gifts, Meals, Travel, etc; Conflicting Financial Interests; Financial Disclosures; Lobbyists, Principals, and Others Interested in Govern Action; and Violations – Reporting and Penalties. The bill limits gifts and various forms of hospitality that lobbyists may give to public servants, requires full disclosure of lobbyists’ expenditures on public servants and electronic filing of reports of lobbyists and the Commission. The bill gives subpoena power to the Commission and calls for a guaranteed level of funding. (companion bills)

League Action and Justification: LWVAL supports HB 153 and SB 4. League positions call for clear and enforceable law, subpoena power for the Commission, limitations on and disclosure of hospitality and gifts given by lobbyists to public servants, as well as guaranteed funding.

Bill Progress in the Legislature:
HB 153 - 1st Read: 1/12/10 and assigned to
SB 4 - 1st Read: 1/12/10 and assigned to Re-assigned 1/14/10 to

HB 155 - Ethics Law, definition of lobbyist and lobbying to include persons attempting to influence no bid contracts

Sponsor(s): Rep. Marcel Black

Summary/Synopsis: Under existing law, lobbyists must register and file certain reports with the State Ethics Commission. This bill would include within the definition of lobbyist and lobbying persons who attempt to influence contracts for the purchase or lease of supplies, services, or materials which are not competitively bid with any executive department or agency.
League Action and Justification: LWVAL supports HB 155. This bill Improves clarity of law and openness.

Bill Progress in Legislature: 1st Read: 1/12/10 and assigned to

SB 164 - Ethics, lobbyist, definition expanded to include persons seeking to obtain contract with governmental entity on behalf of third party

Sponsor(s): Sen. T. D. "Ted" Little and Sen. Hinton Mitchem

Summary/Synopsis: This bill would expand the definition of "lobbyist" to include a person seeking to obtain a contract with a governmental entity on behalf of a third party.
Download original SB 164. (See Bill Progress for amendment.)

League Action and Justification: LWVAL supports SB 164. This bill continues the process of clarifying and defining who is a lobbyist.

Bill Progress in Legislature: 1st Read: 1/12/10 and assigned to 3/4/2010: 2nd read and placed on calendar with 1 amendment (119383-3); pending 3rd read and favorable from EE&T with 1 amendment.

HB 182 - Ethics Commission, granted subpoena power

Sponsor(s): Rep. Victor Gaston

Summary/Synopsis: This bill would grant subpoena power to the commission “in cases where complaints have been filed that have proceeded beyond the preliminary inquiry stage.”
League Action and Justification: LWVAL supports HB 182. It grants subpoena power to the Ethics Commission.

Bill Progress in Legislature: 1st Read: 1/12/10 and assigned to

SB 110 - Public officials, candidates, spouses - employees, contractors with gov't, public disclosure required & filing with Ethics Commission

Sponsor(s): Sen. Arthur Orr
, Sen. Paul Sanford, and Sen. Tom Butler
Summary/Synopsis: This bill would require a public disclosure of the names of public officials or spouses of public officials or candidates who are employed by the state or who have a contract with the state, a county, or a municipality.
League Action and Justification: LWVAL supports SB 110. This bill would improve openness and accountability.

Bill Progress in Legislature: 1st Read: 1/12/10 and assigned to

HB 118 - Ethics Commission, lobbyists required to disclose all expenditures on public officials, registration with Ethics Commission

Sponsor(s): Rep. Patricia Todd

Summary/Synopsis: Under existing state ethics law, registered lobbyists are required to report expenditures exceeding $250 a day on public officials and persons who lobby the Executive Branch are not required to register with the commission.

This bill would require lobbyists to disclose all expenditures on public officials, and require those persons who lobby the Executive Branch to register with the Ethics Commission.

League Action and Justification: LWVAL supports HB 118. LWVAL legislative position calls for a substantial reduction in the amount lobbyists may spend on public officials without disclosure.

Bill Progress in Legislature: 1st Read: 1/12/10 and assigned to

HB 278 - Ethics law, substantially altered, statement of economic interests, categories revised, ...

Sponsor(s): Rep. Paul DeMarco, Rep. Greg Canfield, Rep. Phil Williams

Summary/Synopsis: HB 278 would revise the categories for reporting on the statement of economic interests; provide further for the appointment and confirmation of members of the Ethics Commission; allow four members of the commission to institute a complaint; broaden the definition of lobbying to include the executive branch; provide further for the definitions of family member of a public employee, personal gain, sphere of influence, and confidential information; provide for the filing of electronic reports with the commission, and require mandatory ethics training for public officials, public employees, and lobbyists.

This bill changes some definitions that improve clarity and adds “sphere of influence” to the definitions. It continues to permit a lobbyist to spend $250 per day on a legislator or other public official without disclosure. The bill revises the categories for reporting the statement of economic interests by changing the amounts included in income categories such as at least $50,000 [of income from all sources] and less than $100,000 [instead of $50,000 to
$150,000] and so on though $250,000.(See Bill Progress for substitute.)

League Action and Justification: LWVAL supports HB 278.

Bill Progress in the Legislature: 1st reading: 1/12/10 and assigned to 1/21/2010: 2nd reading and placed on calendar with 1 substitute (116907-1); pending 3rd read and favorable from Judiciary with 1 substitute.
Comment: It is a plus that the bill allows 4 of 5 commissioners to institute a complaint instead of requiring a unanimous vote of commissioners which the current law requires. HB 278 mandates ethics training for public officials, public employees, and lobbyists. It provides for the filing of electronic reports with the commission, the requirement that the Senate confirm or reject a nominee to the commission within the first 15 days of a legislative session or the nominee is “deemed accepted” is a measure which requires responsiveness and accountability.

SB 33 - Ethics Commission, required to conduct mandatory training program for elected officials

Sponsor(s): Sen. Larry Means

Summary/Synopsis:
Requires the Ethics Commission to conduct a mandatory training program on the Ethics Law for members of the Legislature, state constitutional officers, cabinet officers, executive staff, municipal mayors, council members and commissioners, and county commissioners.
Download original SB 33. (See Bill Progress for amendment.)

League Action and Justification: LWVAL supports SB 33.

Bill Progress in Legislature: 1st Read: 1/12/10 and assigned to 3/4/2010: 2nd read and placed on calendar with 1 amendment (119470-2) Pending 3rd read and favorable from EE&T with 1 amendment.

HB 715 - Ethics Law, lobbyist to include persons who lobby executive branch,

Sponsor(s): Rep. Paul DeMarco and Rep. Jack Williams

Summary/Synopsis: This bill would amend Section 36-25-1 of the State Ethics Law to include those persons who lobby the executive branch within the definition of "lobbyist."

League Action and Justification: LWVAL supports HB 715. This bill would clarify ethics law by further defining who is a lobbyist.

Bill Progress in Legislature: 1st Read: 3/11/10 and referred to
LWVAL is monitoring these bills.

SB 107 - Ethics Law, substantially revised

Sponsor(s): Sen. Hank Sanders and Sens. Smitherman, Barron, Benefield, Little (Z), Coleman, Dunn, Keahey, Singleton, Little (T), Denton, Poole, Mitchem, and Ross.

Summary/Synopsis: This is a multi-issue bill that “would increase the penalties for bribery of a public servant [one convicted of bribery subject to $100,000 fine.], failure to disclose a conflict of interest, and trading in public office [subject to $50,000 fines if convicted.]

This bill would further define the terms lobbyist and thing of value for Ethics Law purposes; require licensed attorneys to be appointed to the Ethics Commission; provide further for the compensation of members of the commission and limit the service of the director to10 years; allow online reporting; . . .provide a procedure for the issuance of subpoenas [majority vote of Commission required to petition Attorney General to issue a subpoena]; limit legislators from representing clients before an executive department or agency; limit a public official or public employee from contracting with certain educational institutions; increase the fees for registered lobbyists [from $100 to $250 per year]; provide further for the reports of registered lobbyists; increase the penalties for violations of the Ethics Law; limit a public official or public employee who is a member of an awarding authority from accepting certain things of value and . . . provide penalties for violations; and provide further for the filing of disclosure forms for certain travel by a public official or public employee.
League Action and Justification: LWVAL is monitoring SB 107.

Bill Progress in the Legislature: 1st reading: 1/12/10 and assigned to

SB 206 - Ethics Code substantially revised and reorganized

Sponsor(s): Sen. Ben Brooks, Sen. Scott Beason, Sen. Rusty Glover and Sen. Trip Pittman

Summary/Synopsis: This bill is the same as last year’s comprehensive ethics reform bill (HB 594). It calls for reorganization and revisions to the ethics code to create coherence and clarity. The proposed 9 chapter headings are General Provisions, State Ethics Commission Complaints and Investigations; Misuse of Official Position; Gifts, Meals, Travel, etc; Conflicting Financial Interests; Financial Disclosures; Lobbyists, Principals, and Others Interested in Government Action; and Violations – Reporting and Penalties. The bill limits gifts and various forms of hospitality that lobbyists may give to public servants, requires full disclosure of lobbyists’ expenditures on public servants and electronic filing of reports of lobbyists and the Commission. The bill gives subpoena power to the Commission and calls for a guaranteed level of funding.
League Action and Justification: LWVAL is monitoring SB 206.

Bill Progress in the Legislature: 1st reading: 1/12/10 and assigned to


More issues