Ethics in Government

including required and timely lobbying expenditure reports; greater Ethics Commission authority; clarity in Ethics Law language

LWVAL Action Priority Level I (Highest) - Monitoring and action of highest priority. Major area for resource expenditures.


thumbs_up_icon.jpg indicates LWVAL's support for the legislation.
thumbs_down_icon.jpg indicates LWVAL's opposition to the legislation.
green-right-arrow.jpg indicates change from previous week's report such as new progress in the legislature and/or League action. These updates are in green font.

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 process.

LWVAL has taken a position on these bills.

thumbs_up_icon.jpgSB16 - Campaign finance disclosure reports electronic filing authorized

Sponsor(s): Sen. Ward

Summary/Synopsis: Campaign finance disclosure reports electronic filing authorized, Secs. 17-5-8, 17-5-9 am’d.; Act 2009-751, 2009 Reg. Sess. Am’d.
LWVAL Action and Justification: LWVAL supports SB16. This bill improves transparency and is consistent with the League’s Ethics in Government position that: “Candidates for elective office should be required to disclose all contributions and names of contributors to their campaigns before the election.”

Bill Progress in Legislature: 3/1/2010: 1st Reading; Committee assignment:
Notes: For campaign finance reports reporting contributions or expenditures over $100,000, this would allow electronic filing of campaign expenditure reports for the next 4 years, and require it after the 4-year period. Secretary of State to set the necessary Internet software system and rules related to its use.

This bill also covered under "Campaign Finance & Elections - Timely Reporting of Expenditures and Donations."

thumbs_up_icon.jpgSB95 - Ethics, lobbyists required to report any item excluded from definition of thing of value whatever the actual cost, Sec. 36-25-19 am'd.

Sponsor(s): Senators Taylor, Holtzclaw, Beason, Pittman, McGill, Allen,Scofield, Williams, Ward, Brewbaker, Marsh and Brooks

Summary/Synopsis: To amend Section 36-25-19, Code of Alabama 1975, relating to quarterly reports filed with the Ethics Commission by lobbyists and other persons; to remove the $250 and 24-hour limitation requirements for items excluded from the definition of a thing of value so as to require the reporting of those items whatever the actual cost; to require additional information relating to each expenditure made by a lobbyist; to include within the reporting requirements expenditures made to public employees and their family members; and to delete the calendar day and $250 limitations for reports of expenditures made by non-lobbyists. Reports must provide the name or names of the recipients, the name of the related public official or public employee, a description of the item, the value, and the date of the expenditure. The nature and date of any financial transaction between the public official, candidate, or member of the household of such public official or candidate and the lobbyist or principal of a value in excess of five hundred dollars ($500) in the prior quarter must be reported. Also to be disclosed in detail is any direct business association or partnership with any public official, candidate, public employee, or members of the household of such public official, candidate, or public employee.
LWVAL Action and Justification: LWVAL supports SB95. The League has been concerned about the gaps in reporting contained in legislation passed in the 2010 Special Session. This bill corrects the problems and expands reporting requirements beyond those found in the legislation “strengthened” in the Special Session.

Bill Progress in Legislature: 3/1/2010: 1st Reading; Committee assignment: 3/31/2011: Read for 2nd time and place on calendar with 1 Amendment (128161-2); pending 3rd read and favorable from CCFEE
6/1/2011: Indefinitely postponed.

Notes: Reports to the Ethics Commission do not include campaign funds, which are reported under the Fair Campaign Practices Act.

This bill also covered under "Campaign Finance & Elections - Timely Reporting of Expenditures and Donations."

thumbs_up_icon.jpgHB253/SB222 - Ethics, public officers and employees and family members, clarification that prohibited offer, gift, solicitation, or receipt of anything pursuant to Section 36-25-7, Code of Alabama 1975, must be for corruptly influencing official action, Sec. 36-25-7 am'd.; Act 2010-764, 2010 1st Sp. Sess. am'd.

Sponsors:
HB253 - Representative M. Hubbard
SB222 - Senator Marsh

Summary/Synopsis: Section 36-25-7, Code of Alabama 1975, as amended in the 2010 First Special Session by Act 2010-764, prohibits a person from offering or giving anything to a public official or public employee, as well as members of their households or family, for the purpose of influencing official action. It also prohibits a public official or public employee, as well as members of their households or family, from soliciting or receiving anything for the purpose of influencing official action.  This bill clarifies that the prohibited offer, gift, solicitation, or receipt of anything must be for the purpose of corruptly influencing official action and defines corruptly. For purposes of this section, to act "corruptly" means to act voluntarily, deliberately, and dishonestly to either accomplish an unlawful end or result or to use an unlawful method or means to accomplish an otherwise lawful end or result."
League Action and Justification:  LWVAL supports HB253 / SB222.  The bill cleans up another problem in the special session.

Bill Progress in Legislature:
HB253
3/22/2011: 1st Reading and referred to 3/31/2011: 2nd reading and places on calendar; pending 3 read and favorable from E&CF
6/1/2011: Indefinitely postponed.

SB222
3/22/2011: 1st Reading and referred to 3/31/2011: 2nd Read and placed on calendar; pending 3rd read from CCFE&E
4/05/2011: 3rd Read and motion to adopt passed (28-0-1)
4/05/2011: 1st Reading in the House; referred to 04/14/2011: 2nd Read and placed on calendar; pending 3rd read and favorable from CC&E.
6/1/2011: 3rd Read Passed; Motion to Read a 3rd Time and Pass adopted (95-0-0)
Passed 2nd House
Enrolled
Signature requested; Delivered to Governor at 5:55 p.m.

Note: The Associated Press indicates Jim Sumner, Executive Director of the Ethics Committee, “said the change would eliminate concerns that the law could be subject to a legal challenge because it was so vague that a person wouldn't know when they were crossing the line” and that both Sumner and the Attorney General approve the change. Sumner reiterated his support for the bill at the LWVAL State Convention on April 30th.

thumbs_up_icon.jpgHB168 - Ethics, statement of economic interests, filing, minimum threshold increased, certain employees exempt, Sec. 36-25-14 am'd.

Sponsor:  Representative Black

Summary/Synopsis: Under existing law, public officials and public employees receiving compensation in the amount of $50,000 per year must file a statement of economic interests with the State Ethics Commission. This bill would increase to $75,000 the threshold for filing a statement of economic interests by public employees and appointed officials and allow the commission to adjust the amount pursuant to the cost-of-living index.  It would exempt employees who do not have the authority to expend public funds. All candidates for office and all elected officials would still have to file regardless of income level.
League Action and Justification:  LWVAL supports HB168. The League position on ethics includes the following:  “Statements of economic interest must be submitted to the Commission by the following: A. All elected public officials and candidates for offices. B. Appointed officials and public employees who are paid $50,000 or more a year (the amount to be adjusted periodically). C. Appointed or elected officials at any level of compensation and holding any title who have the authority to make purchases in excess of $1,000 or to collect or disburse funds.”

Bill Progress in Legislature:
3/8/2011: 1st Reading and referred to 3/31/2011: 2nd Reading and placed on calendar; pending 3rd reading and favorable from ECF
4/19/2011: Motion to Read a 3rd time and Pass adopted (81-0-1)
4/19/2011: 1st Reading in Senate; referred to 4/26/2011: On CCFE&E schedule
5/3/2011: 2nd Reading and placed on the calendar with 1 Amendment (130936-1); pending 3rd Read and favorable from CCFE&E with 1 Amendment
6/2/2011: 3rd Reading Carried Over;
C, CF, E &E Amendment (130936-1) offered
Ross motion to Carry Over Temporarily adopted by voice vote;
Further Consideration

LWVAL is monitoring these bills.
[none at this time]

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