Alabama 2022 Regular Session

Alabama Senate Bill SB313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB313
2		-	2 219038-4
	2	+	2 219038-3
3	3		3 By Senator Orr
4	4		4 RFD: Fiscal Responsibility and Economic Development
5	5		5 First Read: 15-MAR-22
6	6
7		-	Page 0 SB313
8		-	1 SB313
	7	+	Page 0 1 SB313
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
12		-	5 Relating to public funds; to prohibit any public
13		-	6 official or public employee from expending public funds to
14		-	7 advocate in favor of or against statewide and local ballot
15		-	8 measures.
16		-	9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17		-	10 Section 1. (a) For the purposes of this section, the
18		-	11 following terms have the following meanings:
19		-	12 (1) GOVERNMENTAL BODY. Any department, agency,
20		-	13 board, commission, or authority of the state or political
21		-	14 subdivision, or any public corporation, authority, agency,
22		-	15 board, commission, or other governmental body controlled by
23		-	16 the state or political subdivision, including a public
24		-	17 institution of higher education, local board of education, or
25		-	18 any school under the jurisdiction of a local board of
26		-	19 education.
27		-	20 (2) PUBLIC EMPLOYEE. The meaning ascribed in Section
28		-	21 36-25-1, Code of Alabama 1975.
29		-	22 (3) PUBLIC OFFICIAL. The meaning ascribed in Section
30		-	23 36-25-1, Code of Alabama 1975.
31		-	24 (b)(1) Any provision of law to the contrary
32		-	25 notwithstanding, a public official or public employee may not
33		-	Page 1 SB313
34		-	1 expend any public funds from any source for activities to
35		-	2 advocate in favor of or against a statewide or local ballot
36		-	3 measure, even if the public official or public employee has
37		-	4 determined that the expenditure serves a public purpose.
38		-	5 (2) For the purposes of this subsection, the
39		-	6 activities prohibited are those enumerated in subdivision
40		-	7 (b)(1) of Section 17-17-5, Code of Alabama 1975, including the
41		-	8 presentation or distribution of any political literature or
42		-	9 the placement of any sign, banner, marker, or other political
43		-	10 poster on the property of a governmental body, if the purpose
44		-	11 is to advocate in favor of or against a statewide or local
45		-	12 ballot measure.
46		-	13 (c) Providing an objective analysis or factual
47		-	14 information on a ballot measure which does not advocate a
48		-	15 specific position is not a prohibited activity under
49		-	16 subsection (b).
50		-	17 (d) Any public official or public employee who votes
51		-	18 or takes other official action to expend public funds in
52		-	19 violation of subsection (b), as determined by the Department
53		-	20 of Examiners of Public Accounts, shall be subject to a demand
54		-	21 for repayment in accordance with Section 41-5A-20, Code of
55		-	22 Alabama 1975.
56		-	23 (e) Nothing in this section shall prevent a
57		-	24 contribution or dues payment to a trade association of which
58		-	25 the public employee is a member.
59		-	Page 2 SB313
60		-	1 (f) Nothing in this section shall be interpreted as
61		-	2 prohibiting any student, faculty member, or other employee or
62		-	3 official of a school or institution of higher education from
63		-	4 discussing political topics, including referendums, while on
64		-	5 campus.
65		-	6 (g) Nothing in this section shall be interpreted as
66		-	7 prohibiting a public official or public employee from
67		-	8 promoting or opposing a referendum in his or her capacity as a
68		-	9 private citizen and while not engaged in official duties as
69		-	10 long as the activities of the public official or public
70		-	11 employee do not violate Section 36-25-5, Code of Alabama 1975.
71		-	12 (h) Nothing in this section shall prohibit a
72		-	13 governmental body from informing members of the public about
73		-	14 pending elections, promoting citizen participation in the
74		-	15 voting process, or encouraging citizens to vote on an election
75		-	16 day as part of their civic duty.
76		-	17 (i) Nothing in this section shall prohibit a
77		-	18 municipality from expending public funds to hold a referendum
78		-	19 election authorized by the municipal governmental body as
79		-	20 provided by law nor prohibit municipal officials or employees
80		-	21 from advocating in favor of or against the underlying purpose
81		-	22 of the referendum.
82		-	23 (j) Nothing in this section shall prevent a local
83		-	24 school district or other governmental body from expending
84		-	25 local revenue to inform members of the public as to services
85		-	Page 3 SB313
86		-	1 that would be cut if ad valorem taxes are not passed or
87		-	2 renewed.
88		-	3 Section 2. This act shall become effective January
89		-	4 1, 2023, following its passage and approval by the Governor,
90		-	5 or its otherwise becoming law.
91		-	Page 4 SB313
92		-	1
	10	+	4 ENGROSSED
	11	+	5
	12	+	6
	13	+	7 A BILL
	14	+	8 TO BE ENTITLED
	15	+	9 AN ACT
	16	+	10
	17	+	11 Relating to public funds; to prohibit any public
	18	+	12 official or public employee from expending public funds to
	19	+	13 advocate in favor of or against statewide and local ballot
	20	+	14 measures.
	21	+	15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	22	+	16 Section 1. (a) For the purposes of this section, the
	23	+	17 following terms have the following meanings:
	24	+	18 (1) GOVERNMENTAL BODY. Any department, agency,
	25	+	19 board, commission, or authority of the state or political
	26	+	20 subdivision, or any public corporation, authority, agency,
	27	+	21 board, commission, or other governmental body controlled by
	28	+	22 the state or political subdivision, including a public
	29	+	23 institution of higher education, local board of education, or
	30	+	24 any school under the jurisdiction of a local board of
	31	+	25 education.
	32	+	26 (2) PUBLIC EMPLOYEE. The meaning ascribed in Section
	33	+	27 36-25-1, Code of Alabama 1975.
	34	+	Page 1 1 (3) PUBLIC OFFICIAL. The meaning ascribed in Section
	35	+	2 36-25-1, Code of Alabama 1975.
	36	+	3 (b)(1) Any provision of law to the contrary
	37	+	4 notwithstanding, a public official or public employee may not
	38	+	5 expend any public funds from any source for activities to
	39	+	6 advocate in favor of or against a statewide or local ballot
	40	+	7 measure, even if the public official or public employee has
	41	+	8 determined that the expenditure serves a public purpose.
	42	+	9 (2) For the purposes of this subsection, the
	43	+	10 activities prohibited are those enumerated in subdivision
	44	+	11 (b)(1) of Section 17-17-5, Code of Alabama 1975, including the
	45	+	12 presentation or distribution of any political literature or
	46	+	13 the placement of any sign, banner, marker, or other political
	47	+	14 poster on the property of a governmental body, if the purpose
	48	+	15 is to advocate in favor of or against a statewide or local
	49	+	16 ballot measure.
	50	+	17 (c) Providing an objective analysis or factual
	51	+	18 information on a ballot measure which does not advocate a
	52	+	19 specific position is not a prohibited activity under
	53	+	20 subsection (b).
	54	+	21 (d) Any public official or public employee who votes
	55	+	22 or takes other official action to expend public funds in
	56	+	23 violation of subsection (b), as determined by the Department
	57	+	24 of Examiners of Public Accounts, shall be subject to a demand
	58	+	25 for repayment in accordance with Section 41-5A-20, Code of
	59	+	26 Alabama 1975.
	60	+	Page 2 1 (e) Nothing in this section shall prevent a
	61	+	2 contribution or dues payment to a trade association of which
	62	+	3 the public employee is a member.
	63	+	4 (f) Nothing in this section shall be interpreted as
	64	+	5 prohibiting any student, faculty member, or other employee or
	65	+	6 official of a school or institution of higher education from
	66	+	7 discussing political topics, including referendums, while on
	67	+	8 campus.
	68	+	9 (g) Nothing in this section shall be interpreted as
	69	+	10 prohibiting a public official or public employee from
	70	+	11 promoting or opposing a referendum in his or her capacity as a
	71	+	12 private citizen and while not engaged in official duties as
	72	+	13 long as the activities of the public official or public
	73	+	14 employee do not violate Section 36-25-5, Code of Alabama 1975.
	74	+	15 Section 2. This act shall become effective on the
	75	+	16 first day of the third month following its passage and
	76	+	17 approval by the Governor, or its otherwise becoming law.
	77	+	Page 3 1
93	78		2
94		-	3
95		-	4
96		-	President and Presiding Officer of the Senate
97		-
98		-	5
99		-	6 Speaker of the House of Representatives
100		-	SB3137
101		-	8 Senate 31-MAR-22
102		-	9 I hereby certify that the within Act originated in and passed
103		-	10 the Senate, as amended.
104		-	11
105		-	12 Patrick Harris,
106		-	13 Secretary.
	79	+	3 Senate
	80	+	Read for the first time and referred to the Senate4
	81	+	5 committee on Fiscal Responsibility and Economic
	82	+	Development.......................................6 1.5-MAR-22
	83	+	7
	84	+	Read for the second time and placed on the8
	85	+	calendar with 1 substitute and....................9 1.7-MAR-22
	86	+	10
	87	+	Read for the third time and passed as amended ....11 3.1-MAR-22
	88	+	Yeas 2612
	89	+	13 Nays 5
107	90		14
108	91		15
109		-	16
110		-	17 House of Representatives
111		-	18 Amended and passed 07-APR-22
112		-	19
113		-	20
114		-	21 Senate concurred in House amendment 07-APR-22
115		-	22
116		-	23
117		-	24 By: Senator Orr
118		-	Page 5
	92	+	16 Patrick Harris,
	93	+	17 Secretary.
	94	+	18
	95	+	Page 4