HB244
Sponsor: Representative Hill

SB191
Sponsor: Senator Ward

Summary/Synopsis: Under existing law, the Open Meetings Act of 2005 specifically applies to quorums of committees and subcommittees of governmental bodies.

2012, the Alabama Supreme Court, in a 5-4 decision, ruled that the Open Meetings Act did not apply to a series of committee or subcommittee gatherings at which discussions were conducted on matters that would later come before the full governmental body.

In 2013, the Alabama Supreme Court ruled, in a 5-3 decision, that citizens do not have standing to bring suits under the Open Meetings Act if the civil penalty is paid to the
state and there is no allegation of a likelihood of future violations. Also in 2013, the Alabama Supreme Court stated that there is no requirement that the Alabama Legislature hold open meetings.

This bill would define and expressly prohibit serial meetings.

This bill would further define the terms deliberation, governmental body, and meeting, to clarify that the Open Meetings Act of 2005 applies to meetings of the Alabama Legislature, committees, or subcommittees of governmental bodies involving the exchange of information or ideas among a quorum of members of the committee, subcommittee, or full governmental body intended to arrive at or influence a decision as to how any members of the governmental body should vote on a specific matter that, at the time of the exchange, the participating members expect to come before the committee, subcommittee, or full governmental body immediately following the discussion or at a later time.

This bill would provide that both houses of the Alabama Legislature and their committees shall meet in public unless there is a public vote taken by the respective house or committee that the meeting requires secrecy.

This bill would provide that private citizens may bring civil actions under the Open Meetings Act, that penalties may not exceed the greater of one thousand dollars or one-half the monthly salary of a defendant for service on the governmental body, and that the prevailing plaintiff shall receive any penalties awarded against the defendants.

League Action and Justification: Support

The League is a strong supporter of transparency in governmental decision-making. And, its Legislative positions derived after intensive study and discussion of legislative procedures and process calls for public access to deliberations.

Bill Progress in Legislature:

HB244;
01/15/2014: First Reading and referred to the
SB191:
01/15/2014: First Reading and referred to the
02/12/2014: 2nd Reading and placed on the calendar; pending 3rd Reading and Favorable from Judiciary with 1 Substitute (158401-2)

Note: Substitute SB191 makes substantive changes in the legislation and makes clear that specific provisions in the Alabama Constitution of 1901 take precedence for the law when enacted. Substantive changes include a more specific definition of what constitutes a serial meeting, setting a minimum monetary penalty of $1 when a court determines the law was violated, and limits the size of the awarded penalty be based on the less of two amounts, not the greater as in the original bill.

02/27/2014: Engrossed

02/27/2014: 3rd Reading Passed; Judiciary 1st Substitute Offered; Ward motion to Table Adopted by Voice Vote;

02/27/2014: Ward 1st Substitute Offered (158401-3); Ward motion to Adopt adopted by Roll Call (26-4-0);
Hightower Amendment Offered (159551-1); Ward motion to Adopt adopted by Roll Call vote (26-4-0);
Motion to Read a 3rd Time and Pass adopted by Roll Call vote (26-1-0)

Note: The Ward substitute applies the law to subcommittee, committee, or full body; states that “Because the Alabama Legislature is solely governed by the Alabama Constitution and sets its own rules to insure constitutionally guaranteed
public access, no other provision of this chapter applies to the Alabama Legislature.”; defines what is and what is not a serial meeting; and sets minimum civil penalties for violation at $1.00.”

House:

03/04/2014: Read for the first time in the House and referred to the
03/19/2014: 2nd Read and placed on the calendar with 1 Substitute (160580-2); E&CF 1st Substitute Offered; pending 3rd Read and Favorable from E&CF with 1 Substitute.

04/03/2014: 3RD reading passed; Ethics and Campaign Finance 1st Substitute (160580-2) offered; Motion to Adopt adopted by Roll Call vote (97-1-1); Motion to Read a 3rd Time and Pass adopted by Roll Call vote (82-10-2); Treadaway intended to vote “Yea”

NOTE: The Substitute further defines what is not an inappropriate meeting and clarifies language.

ALSO SEE HB499 in Ethics in Government Section.

SB33 and SB36/HB118 all place prohibitions on lobbying both houses of the Legislature by legislators once they leave office with SB33 setting the period as 3 years and SB36/HB118 at 2 years. SB36/HB118 also places new prohibitions on other public officials while they are in office. (SB36 and HB118 were the same until SB36 was amended.)

On pp. 7-8 of SB33 and pp. 8-9 of SB 36/HB118 defining who a lobbyist is, the bills say: "The term lobbyist does not include any of the following:
            1.  An elected official on a matter which involves that person's official duties.
            2.  A person or attorney rendering professional services in drafting bills or in advising clients and in rendering opinions as to the construction and effect of proposed or pending legislation, executive action, or rules or regulations, where those professional services are not otherwise connected with legislative, executive, or regulatory action.
            3. Reporters and editors while pursuing normal reportorial and editorial duties.
            4. Any citizen not lobbying for compensation who contacts a member of a legislative body, or gives public testimony on a particular issue or on particular legislation,  or for the purpose of influencing legislation and who is  merely exercising his or her constitutional right to  communicate with members of a legislative body.
            5. A person who appears before a legislative body, a regulatory body, or an executive agency to either sell or purchase goods or services.
            6. A person whose primary duties or responsibilities do not include lobbying, but who may, from time to time, organize social events for members of a legislative body to meet and confer with members of professional organizations and who may have only irregular  contacts with members of a legislative body when the body is  not in session or when the body is in recess.
            7. A person who is a member of a business,  professional, or membership organization by virtue of the person's contribution to or payment of dues to the  organization even though the organization engages in lobbying activities.
            8. A state governmental agency head or his or her designee who provides or communicates, or both, information relating to policy or positions, or both, affecting the governmental agencies which he or she represents."

SB 33

Sponsor(s): Senator Brewbaker

Summary/Synopsis: Under existing law, a public official [elected by the public] is prohibited from serving as a lobbyist or representing clients before a board, agency, commission, or legislative body of which he or she is a former member for a period of two years after he or she leaves such membership.

This bill would prohibit a member of the Legislature from serving as a lobbyist or representing clients before either chamber of the Legislature for a period of three years.

Download SB33.

League Action and Justification: Support. LWVAL's position on Ethics in Government states that "Ethics Law should........provide a legal basis for public confidence in the integrity of government." By restricting the lobbying activities of former public officials, we will increase this confidence.



Bill Progress in Legislature:

01/14/2014:
First Reading and referred to the

SB36/HB118

SB36 Sponsor(s): Senator Marsh
HB118 Sponsor(s): Representative J. Hubbard

Summary/Synopsis: (SB36 and HB118 were the same until SB36 was amended.) Under existing law, a public official may not lobby a board, agency, department, or legislative body of which the official was a member for two years after he or she leaves the board, agency, department, or legislative body. Legislative body is defined for those purposes to include the Senate and the House of Representatives. Under this definition, a former member of one house of the Legislature may lobby the other house immediately after leaving office but may not lobby the house of which he or she was a member for two years.

The bill would revise the definition of legislative body to include the Legislature of Alabama so that a member of the Legislature would be precluded from lobbying either the Senate or the House of Representatives for two years after leaving office.

This bill would also prohibit an elected public official from lobbying [for a fee] the board, agency, department, or legislative body to which he or she is elected during the term for which he or she was elected; would exclude former members of the Alabama Judiciary engaged in non-lobbying legal services; and would provide for prospective application [meaning those elected on or after the date the legislation is signed into law].

See LWVAL Action and Justification below for synopsis of SB36 amendments.

Download SB36.

Download SB36 Amendment 157421-1.

Download SB36- Amendment 156891-1.

Download SB36 Substitute 159239-4.

Download HB118.

League Action and Justification:

LWVAL supports HB118. LWVAL's position on Ethics in Government states that "Ethics Law should........provide a legal basis for public confidence in the integrity of government." By restricting the lobbying activities of former public officials, we will increase this confidence.

LWVAL OPPOSES THE AMENDED VERSION OF SB36 AS PASSED BY THE SENATE.

LWVAL SUPPORTS THE HOUSE E&CF SB36 1ST SUBSTITUTE 159239-4.

The amended bill that was sent to the House seems to place just about anyone who speaks, formally or informally, about proposed, pending or potential legislation to member(s) of a legislative body on behalf of an employer or an entity to which he/she is under contract in the category of a lobbyist.

It places time limits on lobbying upon leaving office not only on the governor, legislators, and public employees but all close family members as defined in the ethics law: “The spouse, a dependent, an adult child and his or her spouse, a parent, a spouse's parents, a sibling and his or her spouse, of the public official.” And, it does the same for those whose companies do business with the state.

Ethics legislation should be written to curb inappropriate behavior. It should not be a deterrent to public service for all but the wealthy which is a potential consequence of the amended legislation.

Bill Progress in Legislature:

SB36
01/14/2014:
Read for the first time and referred to the
01/15/2015: 2nd reading and placed on the calendar; pending 3rd reading and favorable on day 3 from CCFE&E

01/15/2014: Reported from CCFE&E as Favorable;

01/16/2014: 3rd Reading Carried Over; Marsh motion to Carry Over Adopted;

01/28/2014: 3rd Reading carried over; Further Consideration.

02/04/2014: 3rd Reading carried over; Marsh Amendment (157421-1) Offered; Motion to Adopt adopted by Roll Call (24-3-0); Sanders Amendment (156891-1) Offered; Sanders motion to Carry Over adopted by Voice Vote; 3rd Reading passed; Sanders Appeal Ruling of Chair that states Sanders Motion was not in Order lost Roll call vote (15-13-0); Sanders motion to Adopt Sanders Amendment adopted by Roll Call (33-0-0); Motion to Read a 3rd Time and Pass adopted by Roll Call (33-0-0).

02/06/2014: Engrossed

02/06/2014: Read for the First time in the House and referred to the
03/13/2014: 2nd Read and placed on the calendar with 1 Substitute (159239-4); pending 3rd Read and Favorable from E&CF; E&CF 1st Substitute Offered.

04/03/2014: 3rd Reading Passed; E*CF 1st Substitute Offered (159239-4); Motion to Adopt adopted by Roll Call voter (63-35-0); Motion to Read a 2\3rd Time and Pass adopted by Roll Call vote (72-25-0); Burdine intended to vote "Yea"

Senate: Concurrence Requested; Marsh motion to Concur in and Adopt adopted by Roll Call Vote (32-0-0); Enrolled

House: Concurred in 2nd House Amendment; Signature requested; Delivered to Governor at 9:27 p.m. on April 2, 2014

NOTE: The E&CF Substitute includes the following: “no public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer, before the board, agency, commission, department, or legislative body of which he or she is a former member for a period of two years following the term of office for which he or she was elected, irrespective of whether the member left the office prior to the expiration of the term to which he or she was elected.”

And, “No public official elected to a term of office shall serve for a fee as a lobbyist or otherwise represent a client, including his or her employer, before any legislative body or any branch of state or local government, including the executive and judicial branches of government, and including the Legislature of Alabama or any board, agency, commission, or department thereof, during the term or remainder of the term for which the official was elected.” [Emphasis added]

It does not include the limits on an official’s family members and public employees and their families found in the Senate’s amended legislation.

HB118
01/14/2014:
First Read and referred to the

Sponsor(s): Senator Taylor

Summary/Synopsis: Lobbyists now are required to file information about expenditures in excess of $250 within a 24-hour period. This removes the threshold amount and time period. It also requires information about any loan to a public official or his/her family members. It further requires information about any expenditure on public officials made by anyone negotiating or attempting to negotiate a public contract.

League Action and Justification: Support
This legislation promotes transparency and accountability in government.

Bill Progress in Legislature:
01/21/2014: Read for the First time and referred to the
01/23/2014: 2nd reading and placed on the calendar; Pending 3rd reading and Favorable from CCFE&E.

04/01/2014: Indefinitely Postponed

SB389 Sponsor(s): Senators Brewbaker, Waggoner, Marsh, Williams, and Orr

HB508 Sponsor(s): Representative Weaver, Hubbard (M), Moore (B), Wallace, Hammon, Patterson, Baughn, Davis, Collins, Johnson (K), Nordgren, Henry, Williams (J), Williams (D), Butler, Farley, Tuggle, Sanderford, Wilcox, Long, Sessions, Johnson (W), Rich, Fincher, Ison, McClurkin, Williams (P), Wood, Merrill

Summary/Synopsis: This bill, relating to lobbyists, adds a definition of a "principal" as the actual or significant beneficiary of lobbying activity. If a lobbyist is employed by or acts for the benefit of an entity that also engages in lobbying, the lobbyist must identify the principals of that entity.

The definitions include terms used in the ethics complaint process and terms on the forms to be registered with the Ethics Commission. It defines a conflict of interest as any action, inaction or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members, or any business with which the person is associated in a manner different from the manner it affects others members of the class to which he or she belongs. Lobby, lobbying and lobbyist are defined to distinguish those terms of citizens' rights to address officials. Crucial terms such as a thing of value are also carefully defined.

The definitions include terms used in the ethics complaint process and terms on the forms to be registered with the Ethics Commission. It defines a conflict of interest as any action, inaction, or decision by a public official or public employee in the discharge of his or her official duties which would materially affect his or her financial interest or those of his or her family members or any business with which the person is associated in a manner different from the manner it affects the other members of the class to which he or she belongs as well as defining lobby, lobbying and lobbyist in a way that acknowledges the distinction from citizens’ rights. Crucial terms such as a thing of value are carefully defined.

League Action and Justification: Support. This bill would promote transparency in governmental decision-making, which is support by the League.

Bill Progress in Legislature:

SB389

02/20/2014: Read for the First time and referred to the


HB508

House:

02/18/2014: First Reading and referred to the
02/20/2014: 2nd Reading and placed on the calendar pending 3rd Reading and Favorable form E&CF

02/27/2014: 3rd Reading passed; Motion to Read a 3rd Time and Pass adopted by Roll Call Vote

Senate:

02/27/2014: Read for the First time and referred to the
03/05/2014: On the committee agenda, Room 320, 11 a.m.

03/05/2014: 2nd Reading and placed on the calendar; pending 3rd Read and Favorable from CCFE&E

04/01/2014: 3rd Reading Carried Over; Ward motion to Carry Over adopted Voice Vote;

04/03/2014: Third Reading Carried Over; Brewbaker motion to Carry Over adopted Voice Vote; Further Consideration

Sponsor(s): Senator Singleton

Summary/Synopsis: This bill makes it unlawful for Trustees of State institutions of higher learning to be "financially interested" in any contract or transaction affecting the interests of the institution or to "influence" the terms and conditions of any employee except through "prescribed procedures" of the institution.

Download SB37.

 
League Action and Justification: Monitor.

This bill would appear to be a response to various disputes in recent years regarding activities of Trustees in various institutions. 

While the financial interest portion of the bill appears to be consistent with League positions on ethics for elected and appointed officials ("public office will be used for the public good and not private gain") the bill's provisions go beyond the League's positions and may be overly broad and too vague.  The League, however, does support transparency in governmental operations.

Given the breadth of contracts and transactions affecting the interests of a major university, it could be difficult to find qualified people who never have any financial interest in any contract or transaction with the university.  Having an interest in any transaction is different from using the office for private gain.  (A less restrictive requirement would be to require that the Trustee not participate in any decision affecting a transaction in which the Trustee might have a financial interest.)   

Since the Trustee's job is partly to hire and fire the President of the institution, prohibiting "influence" except through unspecified (and potentially unclear) "prescribed procedures" could be a way to go after anyone criticizing performance by employees, including college presidents and football coaches.

Bill Progress in Legislature:

01/14/2014: First Reading and referred to the