Sponsor(s): Senator 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 "Ethics in Government."

Sponsor(s): Senator Orr

Summary/Synopsis: To amend Section 17-5-8, Code of Alabama 1975, relating to the filing of campaign finance disclosure reports; to require the filing of campaign reports at more frequent
intervals for the 2012 and 2014 election cycles; to require Section 527 political organizations that contribute to a state or local election or campaign to file campaign finance disclosure reports; to provide for the filing of large contributions in addition to other filings; to require electronic reporting beginning with the 2014 election cycle, with limited exceptions; commencing with the 2014 election cycle, to require the Secretary of State to establish and maintain an electronic searchable public database of all campaign contributions and expenditures required to be filed with the Secretary of State; to allow the Secretary of State to promulgate rules for implementing and administering the act; and to provide for a supplemental appropriation of $1,500,000 from the State General Fund to the Secretary of State for fiscal year 2011-2012.

LWVAL Action and Justification: LWVAL supports SB136. The League supports transparency in government, including the election process, and “believes that the methods of financing campaigns should ensure the public's right to know, combat corruption and undue influence.”

Bill Progress in Legislature:
3/1/2011: 1st Reading and referred to 3/8/2011 2nd Reading and place on the calendar with 2 amendments (126590-2 and 126903-2); pending third read on day 4 Favorable from CCFE&E.
5/5/2011: 3rd Reading; Orr 1st Substitute (129142-1) offered; Motion to Adopt adopted; Motion to read a 3rd time and Pass adopted (27-0-0); Engrossed
5/24/3011: 1ST Reading in House and referred to House Committee on Constitution, Campaigns and Elections
5/25/2011: Referred from CCE to 5/31/2011: On E&CF committee schedule, 12:30 PM, State House Room 622.

5/31/2011: 2nd Reading and placed on calendar with 1 Amendment

6/2/2011: 3rd Reading passed
E&CF Amendment (131446-2) offered; Motion to Adopt adopted
Wren Amendment (13798-1 offered; Motion to Adopt adopted
Motion to Read a 3rd Time and Pass adopted (79-14-0)
Concurrence Requested
Senate: Marsh motion to Non Concur and Appoint Conference Committee adopted; P&PO appoints
Conference Committee requested.
House: Ball motion to Accede adopted; House appoints Ball, Greer and Todd
Conference Committee Report
Conference Committee on SB136 2011RS 1st Substitute (132827-2) offered
Senate: Orr motion to Concur In and Adopt adopted (32-0-0)
Conference Report Concurrence Requested

House: Ball Motion to Concur In and Adopt adopted (82-1-4)
Signature Requested; Forwarded to Governor at 3:36 p.m. June 9, 2011.


Notes: SB136 and SB96 are substantially the same.

Sponsors: Representatives Hubbard (J), Harper, Robinson (J), Fincher, Merrill, Henry, Hill, Burdine, Buskey, Chesteen, Long, McCutcheon and Ball

Summary/Synopsis: Under existing law, the filing of campaign finance disclosures is accomplished through the filing of paper documents at a specified time. This bill, beginning with the 2014 election cycle, would require the Secretary of State to maintain an electronic database, searchable by the public, containing all election documents required to be filed with the Secretary of State. This bill would define a Section 527 organization as a political action committee for purposes of all filings and disclosures required by the Fair Campaign Practices Act. This bill would require principal campaign committees and political action committees to file monthly reports of contributions and expenditures. This bill would immediately disqualify any candidate who does not comply with this requirement of the Fair Campaign Practices Act.

LWVAL Action and Justification: LWVAL supports HB151. The League supports transparency in government, including the election process, and “believes that the methods of financing campaigns should ensure the public's right to know, combat corruption and undue influence.”

Bill Progress in Legislature:
3/3/2011: 1st Reading and referred to

Sponsors: Senators Reed, Bedford, Brewbaker, Orr, Bussman, Williams, Allen, Dial, Ward, Keahey, Holley, Taylor, Waggoner, McGill, Glover, Pittman, Scofield, Marsh, Sanford, Smith, Figures, Brooks, Singleton, Ross, Fielding, Coleman, Holtzclaw, Beasley, Irons, Smitherman, Sanders, Dunn, Whatley and Beason

Summary/Synopsis: Under the current law it is unlawful for a person to fraudulently misrepresent himself or herself on behalf of a political candidate, principal campaign committee, political action committee, or political party. This bill would make it unlawful for a representative of a phone bank or other automated dialing service to fraudulently misrepresent himself or herself on behalf of a political candidate, principal campaign committee, political action committee, or political party; require that communication initiated by phone bank or other automated dialing service be preceded and followed by notice that the communication is a paid political advertisement and identification of the person or group paying for the communication; and provide penalties for violations.
LWVAL Action and Justification: LWVAL supports SB96. The League supports transparency in government, including the election process.

Bill Progress in Legislature:
3/1/2011: Read for first time and referred to 3/8/2011: 2nd Read and place on the calendar; pending 3rd read on day 4 Favorable from CCFE&E.
03/24/2011: Third Reading Passed; Brooks Amendment (127996-1) Offered and Motion to Adopt adopted 34-0-0; Motion to Read a Third Time and Pass adopted (34-0-0); Engrossed and sent to the House.
03/24/2011: Read in the House for the 1st time and referred to 4/06/2011: 2nd Reading and placed on the calendar with 3 Amendments (128356-2, 128983-1, 128892-1); pending 3rd Read and favorable from CC&E with 3 Amendments.

Notes: SB136 and SB96 are substantially the same.

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: 3/29/2011: on C&E schedule, Room 727, 11 am.
3/31/2011: Read for 2nd time and place on calendar with 1 Amendment (128161-2); pending 3rd read and favorable from CCFEE

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 "Ethics in Government."

Sponsor(s): Senator Orr

Summary/Synopsis: This bill expands the reporting requirements for identification of sponsors of paid political ads and electioneering communication to include entities and organization other than campaign committees. The sponsor must file to indicate the source of funding for expenditures over $1,000. Unions communicating with their members and churches not involved in direct electioneering are exempt.
LWVAL Action and Justification: LWVAL supports SB284. This bill promotes greater transparency in the election process and election funding.

Bill Progress in Legislature:
3/24/2011: 1st reading and referred to 3/31/2011: 2nd Reading and placed on calendar pending favorable from CCFE&E.
5/25/2011: 3rd Reading passed
5/25/2011: Orr 1st Substitute (130020-2) offered; Motion to Adopt adopted (32-0-0)
5/25/2011: Motion to Read a 3rd time and Pass adopted; Engrossed (32-0-0);
5/26/2011: 1st Read in House and referred to 5/31/2011: On E&CF committee schedule, 12:30 PM, State House Room 622.
5/31/2011: 2nd Reading and placed on the Calendar; pending 3rd Read and favorable from E&CF

6/9/2011: Motion to Read a 3rd time and Pass adopted (82-12-2)
Passed 2nd house; enrolled
Signature requested; Delivered to Governor at 11:58 p.m., June 9, 2011.

Note: The substitute that defines electioneering communication as: “Any communication disseminated through any federally regulated broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication which (i) contains the name or image of a candidate; (ii) is made within 120 days of an election in which the candidate will appear on the ballot; (iii) the only reasonable conclusion to be drawn from the presentation and content of the communication is that it is intended to influence the outcome of an election; and (iv) entails an expenditure in excess of one thousand dollars ($1,000).”

The substitute adds a detailed list of exemptions and/or limitations, including those applicable to electronic media such as the Internet and tradition campaign material produced by the candidate organization.