Alabama 2022 Regular Session

Alabama House Bill HB89 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB89
2	2	2 215680-1
3	3	3 By Representative Ball
4	4	4 RFD: Ethics and Campaign Finance
5	5	5 First Read: 11-JAN-22
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7	7	Page 0 1 215680-1:n:11/16/2021:PMG/bm LSA2021-2265
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14	14	8 SYNOPSIS: Under existing law, the last pre-election
15	15	9 campaign finance report showing campaign activity
16	16	10 must be filed by 12:01 p.m. the day before the
17	17	11 election.
18	18	12 This bill would change the time of day when
19	19	13 the last pre-election report showing campaign
20	20	14 activity must be filed.
21	21	15
22	22	16 A BILL
23	23	17 TO BE ENTITLED
24	24	18 AN ACT
25	25	19
26	26	20 Relating to campaign finance statements and reports;
27	27	21 to amend Section 17-5-8, Code of Alabama 1975, as last amended
28	28	22 by Act 2021-314 of the 2021 Regular Session, to revise the
29	29	23 deadline for the last pre-election campaign finance report.
30	30	24 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31	31	25 Section 1. Section 17-5-8, Code of Alabama 1975, as
32	32	26 last amended by Act 2021-314 of the 2021 Regular Session and
33	33	27 effective August 1, 2023, is amended to read as follows:
34	34	Page 1 1 "§17-5-8.
35	35	2 "(a) All filings with the Secretary of State under
36	36	3 this section shall be made electronically. Electronic filings
37	37	4 shall be available to the public on a searchable database
38	38	5 maintained on the Secretary of State's public website.
39	39	6 "(b) The treasurer, designated filing agent, or
40	40	7 candidate shall file with the Secretary of State periodic
41	41	8 reports of contributions and expenditures at the following
42	42	9 times once a principal campaign committee files its statement
43	43	10 under Section 17-5-4 or a political action committee files its
44	44	11 statement of organization under Section 17-5-5:
45	45	12 "(1) Regardless of whether a candidate has
46	46	13 opposition in any election, monthly reports not later than the
47	47	14 second business day of the subsequent month, beginning 12
48	48	15 months before the date of any primary, special, runoff, or
49	49	16 general election for which a political action committee or
50	50	17 principal campaign committee receives contributions or makes
51	51	18 expenditures with a view toward influencing the election's
52	52	19 result. A monthly report shall include all reportable
53	53	20 transactions for the previous full month period. Reports shall
54	54	21 be required as provided in subdivisions (2) and (3).
55	55	22 "(2) With regard to a primary, special, runoff, or
56	56	23 general election, a report shall be required weekly on the
57	57	24 Monday of the succeeding week for each of the four weeks
58	58	25 before the election that includes all reportable activities
59	59	26 for the previous week.
60	60	Page 2 1 "(3) In addition to the reporting dates specified in
61	61	2 subdivisions (1) and (2), reports required to be filed with
62	62	3 the Secretary of State shall be filed with the Secretary of
63	63	4 State on the eighth, seventh, sixth, fifth, fourth, third, and
64	64	5 second day preceding a legislative, state school board, or
65	65	6 other statewide primary, special, runoff, or general election,
66	66	7 and by 12:01 11:59 p.m. on the day preceding a legislative,
67	67	8 state school board, or statewide, primary, special, runoff, or
68	68	9 general election if any principal campaign committee or
69	69	10 political action committee receives or spends in the aggregate
70	70	11 five thousand dollars ($5,000) or more on that day with a view
71	71	12 toward influencing an election's results. If a daily report is
72	72	13 required pursuant to this subdivision, the report shall
73	73	14 include all reportable activity occurring on the day of the
74	74	15 report as well as all reportable activity that has occurred on
75	75	16 each day since the most recent prior report.
76	76	17 "(c) Except as provided in subsection (i), each
77	77	18 principal campaign committee, political action committee, and
78	78	19 elected state and local official covered under this chapter
79	79	20 who has not closed his or her principal campaign committee
80	80	21 shall file annually with the Secretary of State reports of
81	81	22 contributions and expenditures made during that year. No
82	82	23 annual report is required to be filed by a person who holds
83	83	24 office because he or she was appointed to serve the remainder
84	84	25 of a term vacated by another person until the person serving
85	85	26 has created a principal campaign committee. The annual reports
86	86	Page 3 1 required under this subsection shall be made on or before
87	87	2 January 31 of the succeeding year.
88	88	3 "(d) Each report under this section shall disclose
89	89	4 all of the following:
90	90	5 "(1) The amount of cash or other assets on hand at
91	91	6 the beginning of the reporting period and forward until the
92	92	7 end of that reporting period and disbursements made from same.
93	93	8 "(2) The identification of each person who has made
94	94	9 contributions to the committee or candidate within the
95	95	10 calendar year in an aggregate amount greater than one hundred
96	96	11 dollars ($100), together with the amount and date of all the
97	97	12 contributions; provided, however, in the case of a political
98	98	13 action committee, identification shall mean the name and city
99	99	14 of residence of each person who has made contributions within
100	100	15 the calendar year in an aggregate amount greater than one
101	101	16 hundred dollars ($100).
102	102	17 "(3) The total amount of other contributions
103	103	18 received during the calendar year but not reported under
104	104	19 subdivision (2).
105	105	20 "(4) Each loan to or from any person within the
106	106	21 calendar year in an aggregate amount greater than one hundred
107	107	22 dollars ($100), together with the identification of the
108	108	23 lender, the identification of the endorsers, or guarantors, if
109	109	24 any, and the date and amount of the loans.
110	110	25 "(5) The total amount of receipts from any other
111	111	26 source during the calendar year.
112	112	Page 4 1 "(6) The grand total of all receipts by or for the
113	113	2 committee during the calendar year.
114	114	3 "(7) The identification of each person to whom
115	115	4 expenditures have been made by or on behalf of the committee
116	116	5 or elected official within the calendar year in an aggregate
117	117	6 amount greater than one hundred dollars ($100), the amount,
118	118	7 date, and purpose of each expenditure, and, if applicable, the
119	119	8 designation of each constitutional amendment or other
120	120	9 proposition with respect to which an expenditure was made.
121	121	10 "(8) The identification of each person to whom an
122	122	11 expenditure for personal services, salaries, or reimbursed
123	123	12 expenses greater than one hundred dollars ($100) has been
124	124	13 made, and which is not otherwise reported or exempted from
125	125	14 this chapter, including the amount, date, and purpose of the
126	126	15 expenditure.
127	127	16 "(9) The grand total of all expenditures made by the
128	128	17 committee or elected official during the calendar year.
129	129	18 "(10) The amount and nature of debts and obligations
130	130	19 owed by or to the committee or elected official, together with
131	131	20 a statement as to the circumstances and conditions under which
132	132	21 any debt or obligation was extinguished and the consideration
133	133	22 therefor.
134	134	23 "(e) Each report required by this section shall be
135	135	24 signed and filed by the elected official or on behalf of the
136	136	25 political action committee by its chair or treasurer and, if
137	137	26 filed on behalf of a principal campaign committee, by the
138	138	27 candidate represented by the committee. There shall be
139	139	Page 5 1 attached to each report an affidavit subscribed and sworn to
140	140	2 by the official or chair or treasurer and, if filed by a
141	141	3 principal campaign committee, the candidate represented by the
142	142	4 committee, setting forth in substance that the report is to
143	143	5 the best of his or her knowledge and belief in all respects
144	144	6 true and complete, and, if made by a candidate, that he or she
145	145	7 has not received any contributions or made any expenditures
146	146	8 which are not set forth and covered by the report.
147	147	9 "(f) In connection with any electioneering
148	148	10 communication paid for by a person, nonprofit corporation,
149	149	11 entity, principal campaign committee, or other political
150	150	12 committee or entity, the payor shall disclose its
151	151	13 contributions and expenditures in accordance with this
152	152	14 section. The disclosure shall be made in the same form and at
153	153	15 the same time as is required of political action committees in
154	154	16 this section; provided, however, no duplicate reporting shall
155	155	17 be required by a political committee.
156	156	18 "(g) Notwithstanding any disclosure requirements of
157	157	19 subsection (f), churches are exempt from the requirements of
158	158	20 this section unless the church's expenditures are used to
159	159	21 influence the outcome of an election. Nothing herein shall
160	160	22 require a church to disclose the identities, donations, or
161	161	23 contributions of members of the church. As used in this
162	162	24 section, the term church is defined in accordance with and
163	163	25 recognized by Internal Revenue Service guidelines and
164	164	26 regulations.
165	165	Page 6 1 "(h) Notwithstanding the disclosure requirements of
166	166	2 this section, this section shall not be interpreted to nor
167	167	3 shall they require any disclosure for expenses incurred for
168	168	4 any electioneering communication used by any membership or
169	169	5 trade organization to communicate with or inform its members,
170	170	6 its members' families, or its members' employees or for any
171	171	7 electioneering communication by a business entity of any type
172	172	8 to its employees or stockholders or their families.
173	173	9 "(i) Each report required by this section shall
174	174	10 include all reportable transactions occurring since the most
175	175	11 recent prior report; however, duplicate reporting is not
176	176	12 required by this section. A political action committee or
177	177	13 principal campaign committee that is required to file a daily
178	178	14 report is not required to also file a weekly report for the
179	179	15 week preceding an election specified in subdivision (b) (3); a
180	180	16 committee required to file a weekly report is not required to
181	181	17 also file a monthly report in the month in which the election
182	182	18 is held; and a committee required to file a monthly report is
183	183	19 not required to also file an annual report in the year in
184	184	20 which the election is held. The monetary balance in a report
185	185	21 of each committee shall begin at the monetary amount appearing
186	186	22 in the most recent prior report.
187	187	23 "(j) The Secretary of State may adopt administrative
188	188	24 rules pursuant to the Alabama Administrative Procedure Act as
189	189	25 are necessary to implement and administer this section."
190	190	Page 7 1 Section 2. This act shall become effective on August
191	191	2 1, 2023, following its passage and approval by the Governor,
192	192	3 or its otherwise becoming law.
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