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 process.

Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on these bills:

green-right-arrow.jpgthumbs_up_icon.jpgHB499 - Candidates for public office, required to file statement of economic interests with the Ethics Commission, Sec. 36-25-15 am'd.

Sponsor(s): Representative Ball

Summary/Synopsis: Under current law, a candidate must file a statement of economic interest with the appropriate election official, who then transmits it to the Ethics Commission. This bill would require the filing to be made directly with the Ethics Commission.

League Action and Justification: Support. This is a more direct process that speeds up the filing.

Bill Progress in Legislature:

02/18/2014: Read for the First Time and referred to the
02/20/2014: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from E&CF

04/01/2014: Indefinitely Postponed

green-right-arrow.jpgthumbs_up_icon.jpgSB389 - Code of Ethics, definition of principal expanded, lobbyist required to identify principals that stand to benefit from lobbyist activities, Secs. 36-25-1, 36-25-18 am'd.

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

Summary/Synopsis: This bill clarifies important terms in the existing ethics law relating to public officials, public employees, and lobbyists. The definition of principal includes entities or individuals that directly or indirectly employ and retain the services of a lobbyist and that are the true or primary beneficiary of the lobbyist’s lobbying activities. In addition to identifying the business entities or individuals who employ or compensate them, lobbyists must identify the principals that stand to benefit from the lobbyist’s activities. **

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. It also defines 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 corrects omissions the League has long noted in the original Ethics Act. In its clarity and completeness, it provides what League’s position on ethics calls for: “an Ethics law with clear and enforceable state law regarding ethical conduct for elected and appointed officials, public employees and lobbyists. The law should establish that public office will be used for the public good and not private gain and should provide a legal basis for public confidence in the integrity of government.”

Bill Progress in Legislature:

02/20/2014: Read for the First Time and referred to the
03/05/2014: 2nd Reading and placed on the calendar; pending 3rd Reading and Favorable from Constitution, Campaign Finance, Ethics, and Elections (CCFE&E)

04/01/2014: Indefinitely Postponed
LWVAL is monitoring these bills:

HB84/SB66 - Ethics Commission, redact certain information on a statement of economic interest, filed by public official or public employee, Sec. 36-25-4.3 am'd.

HB84 Sponsor(s): Representative Standridge
SB66 Sponsor(s): Senator Scofield

Summary/Synopsis: This bill amends the existing ethics legislation by providing for electronic filing and storage of information. It specifies certain (reasonable) confidentiality safeguards, but among the items protected are those relating to the economic interests of public officials, elected and otherwise.
 
League Action and Justification: Monitor.

Bill Progress in Legislature:

HB84:

01/14/2014: Read for the first time and referred to the
02/06/2014: 2nd Reading and place on calendar; pending 3rd Reading and Favorable from E&CF.

02/18/2014: 3rd Reading Indefinitely Postponed; Standridge motion to Indefinitely Postpone adopted by Voice Vote; Standridge motion to Substitute SB66 for HB84 adopted by Voice Vote.


SB66:

Senate:

01/14/2014:
Read for the first Time and referred to the
01/15/2014: Reported from CCFE&E as Favorable

01/23/2014: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call (31-0-0)

02/18/2014: Passed by 2nd House

House:

01/23/2014:
Read for the First time in the House and referred to the
02/06/2014: 2nd Read and placed on the calendar; pending 3rd read and favorable from E&CF

02/18/2014: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call vote (96-0-0); Enrolled;

02/20/2014: Signature requested; Forwarded to Governor

Assigned Act No. 2014-71


HB369 - Ethics, Alabama law, definition of "confidential information" amended, Sec. 36-25-1 am'd.

Sponsor(s): Representative Ball

Summary/Synopsis: The State Ethics Law prohibits the use or disclosure of confidential information by a public official or employee for private gain, and for such purpose the term "confidential information" means a complaint filed pursuant to the State Ethics Law with any statement, conversation, or knowledge of certain other information received by the complainant.

This bill would amend the definition of "confidential information" in the State Ethics Law to mean information that is available to a public official or employee that is available solely by virtue of a public position, and not otherwise available to the public.
 
League Action and Justification: Monitor for movement

Bill Action in Legislature:

01/30/2014: First reading and referred to the
Note: Because the amendment eliminates the current definition, complaints filed with the Ethics Commission seem to become public information upon filing. In years past, legislators were concerned that some complaints were filed simply to influence election results.

02/06/2014: 2nd Reading and placed on calendar; pending 3rd Reading and Favorable from E&CF.

02/13/2014: 3rd Reading passed; Motion to Read a 3rd Time and Pass adopted by Roll Call (93-0-1)


Senate:

02/13/2014: Read for the First time and referred to the
2/27/2014: 2nd Reading and placed on the calendar; pending third Read and Favorable form CCFE&E



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