AL
Alabama House Bill HB227

Alabama 2024 Regular Session

Alabama House Bill HB227 Compare Versions

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55 By Representative Simpson
66 RFD: Ethics and Campaign Finance
77 First Read: 22-Feb-24
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12+5 IL1HWZZ-1 02/22/2024 PMG (L)PMG 2023-3541
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15-A BILL
16-TO BE ENTITLED
17-AN ACT
18-Relating to government ethics; to amend Sections
19-13A-10-60 and 13A-10-61, Code of Alabama 1975, to provide
20-further for the crime of bribery; to add Section 13A-10-61.1,
21-Code of Alabama 1975, to establish the crime of using public
22-office for pecuniary benefit; to repeal Sections 13A-10-62 and
23-13A-10-82, relating to crimes in public office; to repeal
24-Chapter 25 and add a new Chapter 25B to Title 36, Code of
25-Alabama 1975, to replace the public ethics code; to provide
26-further for the appointment of members of the State Ethics
27-Commission and the director of the commission; to revise the
28-duties of the commission; to revise the scope of penalties for
29-violations of the ethics code to include private censures and
30-public reprimands and to exclude criminal violations; to
31-provide for appeals of decisions of the commission; to provide
32-further for formal and informal advisory opinions issued by
33-the commission; to revise who must file and what must be
34-disclosed in the Statement of Economic Interests; to provide
35-definitions; to prohibit public servants from taking official
15+SYNOPSIS:
16+The existing code of ethics includes provisions
17+that prohibit a public official or public employee from
18+using his or her office or confidential information
19+for personal gain and from accepting anything for the
20+purpose of corruptly influencing official action. These
21+violations carry criminal penalties.
22+This bill would revise the crime of bribery and
23+would add a new crime of using public office for
24+pecuniary gain to the criminal code.
25+Under existing law, the State Ethics Commission
26+is responsible for administering and enforcing a code
27+of ethics for public officials and public employees and
28+enforcing certain aspects of the Fair Campaign
29+Practices Act.
30+This bill would repeal and replace the existing
31+code of ethics and revise the duties and powers of the
32+commission.
33+Under existing law, the commission is overseen
34+by five commission members who serve staggered,
35+five-year terms and are appointed on a rotating basis
36+by the Governor, Lieutenant Governor, and Speaker of
37+the House of Representatives. The commission appoints a
38+director to oversee the operations of the commission.
39+This bill would maintain this process and
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65-definitions; to prohibit public servants from taking official
66-action that would result in a conflict of interest; to
67-prohibit certain persons termed "prohibited sources" from
68-giving gifts to certain public servants and prohibit public
69-servants from receiving gifts from certain prohibited sources;
70-to revise the revolving door provisions; to add Section
71-36-15-1.2 to the Code of Alabama 1975, to further provide for
72-the duties of the Attorney General; to amend Section 11-3-5,
73-Code of Alabama 1975, to make conforming changes to provisions
74-governing certain public contracts entered into by counties;
75-to define terms; and in connection therewith would have as its
76-purpose or effect the requirement of a new or increased
77-expenditure of local funds within the meaning of Section
78-111.05 of the Constitution of Alabama of 2022.
79-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
80-Section 1. Sections 13A-10-60 and 13A-10-61, Code of
81-Alabama 1975, are amended to read as follows:
82-"§13A-10-60
83-(a) The definitions contained in Section 13A-10-1 are
84-applicable in this article unless the context otherwise
85-requires.
86-(b) The following definitions also apply to this
87-article:
88-(1) BENEFIT. Any gain or advantage to the beneficiary,
89-including any gain or advantage to a third person pursuant to
90-the desire or consent of the beneficiary.
91-(2)(3) PECUNIARY BENEFIT. Benefit in the form of money,
92-property, commercial interests , or anything else the primary
93-significance of which is economic gain. Expenses associated
69+This bill would maintain this process and
70+provide a mechanism for the removal of the director of
71+the commission.
72+This bill would provide for five-year terms for
73+the director, who may be reappointed subject to Senate
74+confirmation.
75+Under existing law, the State Ethics Commission
76+may impose administrative penalties for minor
77+violations or certain violations of the Fair Campaign
78+Practices Act but refers criminal violations to the
79+Attorney General or a district attorney.
80+This bill would transfer all criminal violations
81+to the criminal code and would authorize the commission
82+to impose private warnings, public reprimands, civil
83+penalties, and restitution for violations of the ethics
84+code or Fair Campaign Practices Act.
85+Under existing law, the commission is authorized
86+to issue advisory opinions on a specific set of
87+circumstances and publish formal advisory opinions.
88+This bill would explicitly authorize both formal
89+and informal advisory opinions and establish certain
90+publishing requirements, including the publication of
91+the core principles articulated in informal opinions.
92+Under existing law, the commission conducts
93+investigations and holds hearings regarding potential
94+violations of the ethics law and the Fair Campaign
95+Practices Act.
96+This bill would require the commission to
97+provide certain notice to a person under an ethics
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127+provide certain notice to a person under an ethics
128+investigation by the commission.
129+This bill would prohibit a state legislator from
130+sponsoring or voting on legislation that could lead to
131+a conflict of interest, would prohibit a public
132+official or public employee from taking official action
133+that could lead to a conflict of interest, and would
134+define "conflict of interest."
135+This bill would prohibit certain entities
136+seeking to influence official action before a
137+governmental body, including a lobbyist, termed a
138+"prohibited source," from giving gifts to certain
139+public servants and would prohibit public servants from
140+accepting gifts from certain prohibited sources. This
141+bill would define "gift" to be anything valued over
142+$100, with certain exceptions.
143+Under existing law, certain public officers and
144+public employees must annually file with the commission
145+a statement of economic interests which are posted on
146+the commission's website. This bill would revise who
147+must file a statement of economic interests and what
148+information must be disclosed on a statement. This bill
149+would also require the redaction of certain personal
150+information on a statement from publication by the
151+commission.
152+Under existing law, public servants generally
153+may not serve as a lobbyist before their former
154+governmental bodies for two years after leaving service
155+or upon the completion of their term.
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185+or upon the completion of their term.
186+This bill would revise the revolving door
187+provisions to allow certain public-to-public transfers
188+in employment and would further provide for the scope
189+of the revolving door restrictions.
190+This bill would authorize the Attorney General
191+to issue certain opinions and authorize certain public
192+servants to request an opinion.
193+This bill would also define terms and make
194+conforming changes to existing law.
195+A BILL
196+TO BE ENTITLED
197+AN ACT
198+Relating to government ethics; to amend Sections
199+13A-10-60 and 13A-10-61, Code of Alabama 1975, to provide
200+further for the crime of bribery; to add Section 13A-10-61.1,
201+Code of Alabama 1975, to establish the crime of using public
202+office for pecuniary benefit; to repeal Sections 13A-10-62 and
203+13A-10-82, relating to crimes in public office; to repeal
204+Chapter 25 and add a new Chapter 25B to Title 36, Code of
205+Alabama 1975, to replace the public ethics code; to provide
206+further for the appointment of members of the State Ethics
207+Commission and the director of the commission; to revise the
208+duties of the commission; to revise the scope of penalties for
209+violations of the ethics code to include private censures and
210+public reprimands and to exclude criminal violations; to
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240+public reprimands and to exclude criminal violations; to
241+provide for appeals of decisions of the commission; to provide
242+further for formal and informal advisory opinions issued by
243+the commission; to revise who must file and what must be
244+disclosed in the Statement of Economic Interests; to provide
245+definitions; to prohibit public servants from taking official
246+action that would result in a conflict of interest; to
247+prohibit certain persons termed "prohibited sources" from
248+giving gifts to certain public servants and prohibit public
249+servants from receiving gifts from certain prohibited sources;
250+to revise the revolving door provisions; to add Section
251+36-15-1.1 to the Code of Alabama 1975, to further provide for
252+the duties of the Attorney General; to amend Section 11-3-5,
253+Code of Alabama 1975, to make conforming changes to provisions
254+governing certain public contracts entered into by counties;
255+and to define terms.
256+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
257+Section 1. Sections 13A-10-60 and 13A-10-61, Code of
258+Alabama 1975, are amended to read as follows:
259+"§13A-10-60
260+(a) The definitions contained in Section 13A-10-1 are
261+applicable in this article unless the context otherwise
262+requires.
263+(b) The following definitions also apply to this
264+article:
265+(1) BENEFIT. Any gain or advantage to the beneficiary,
266+including any gain or advantage to a third person pursuant to
267+the desire or consent of the beneficiary.
268+(2)(3) PECUNIARY BENEFIT. Benefit in the form of money,
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298+(2)(3) PECUNIARY BENEFIT. Benefit in the form of money,
299+property, commercial interests , or anything else the primary
123300 significance of which is economic gain. Expenses associated
124301 with social occasions afforded public servants and party
125302 officers shall not be deemed a pecuniary benefit within the
126303 meaning of this article.
127304 (3)(4) PUBLIC SERVANT. As used in this article, such
128305 term includes persons An individual who presently occupy
129306 occupies the position of a public servant, as defined in
130307 Section 13A-10-1 (7), or have has been elected, appointed , or
131308 designated to become a public servant although not yet
132309 occupying that position.
133310 (4)(2) PARTY OFFICER. A person An individual who holds
134311 any position or office in a political party, whether by
135312 election, appointment , or otherwise."
136313 "§13A-10-61
137314 (a) A person commits the crime of bribery if:
138315 (1) He or she offers, confers, or agrees to confer any
139316 thing of value anything upon a public servant or any person
140317 closely associated with the public servant with the intent
141318 that the public servant's vote, opinion, judgment, exercise of
142319 discretion, or other action in his or her official capacity
143320 will thereby be corruptly influenced; or
144321 (2) While a public servant, he or she solicits,
145322 accepts, or agrees to accept any pecuniary benefit anything
146323 for himself, herself, or any other person upon an agreement or
147324 understanding that his the public servant's vote, opinion,
148325 judgment, exercise of discretion , or other action as a public
149326 servant will thereby be corruptly influenced.
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356+servant will thereby be corruptly influenced.
150357 (b) For purposes of this section, "person closely
151-associated with the public servant" means a spouse, dependent,
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181358 associated with the public servant" means a spouse, dependent,
182359 or associated business as the term "associated business" is
183360 defined in Section 36-25B-2, of the public servant.
184361 (b)(c) It is not a defense to a prosecution under this
185362 section that the person sought to be influenced was not
186363 qualified to act in the desired way, whether because he or she
187364 had not yet assumed office, lacked jurisdiction , or for any
188365 other reason.
189366 (c)(d) Bribery is a Class C B felony."
190367 Section 2. Section 13A-10-61.1 is added to the Code of
191368 Alabama 1975, to read as follows:
192369 §13A-10-61.1
193370 (a) A public servant commits the crime of using public
194371 office for pecuniary benefit if:
195372 (1) A public servant knowingly uses or causes to be
196373 used his or her public office or position to obtain a
197374 pecuniary benefit for the public servant or any other person.
198375 (2) A public servant knowingly uses or causes to be
199376 used equipment, facilities, time, materials, human labor, or
200377 other public property under his or her discretion or control
201378 for the pecuniary benefit of the public servant or any other
202379 person, or for a principal campaign committee, as defined in
203380 Section 17-5-2.
204381 (3) A public servant or former public servant knowingly
205382 uses, causes to be used, or discloses confidential information
206383 gained in the course of or by reason of his or her position or
207384 employment in any way that results in a pecuniary benefit for
208-himself or herself or for any other person.
209-(b) It is not a violation of this section in any of the
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239-(b) It is not a violation of this section in any of the
240-following circumstances:
241-(1) The public servant is acting pursuant to another
242-law, a lawful employment agreement, or an agency policy.
243-(2) The use of public property under subdivision (a)(2)
244-is in the same or a similar manner as is available for use by
245-the general public and involves minimal to no additional cost
246-to the state or the applicable governmental body.
247-(3) The information under subdivision (a)(3), at the
248-time of use or disclosure, was a public record under state law
249-or was publicly known or readily available to the general
250-public through the public servant’s governmental body or any
251-other public source.
252-(c)(1) If a public servant violates this section and
253-the pecuniary benefit to the public servant or other person
254-is less than one thousand five hundred dollars ($1,500), the
255-Attorney General or applicable district attorney may refer the
256-matter to the State Ethics Commission for a determination by
257-the commission of whether the public servant violated Section
258-36-25B-40 or any other provision of the Alabama Ethics Act.
259-(2) A public servant who violates this section, upon
260-conviction, is guilty of a Class A misdemeanor when the
261-pecuniary benefit to the public servant or other person is
262-material but less than two thousand five hundred dollars
263-($2,500).
264-(3) A public servant who violates this section, upon
265-conviction, is guilty of a Class C felony when the pecuniary
266-benefit to the public servant or other person is equal to or
267-exceeds two thousand five hundred dollars ($2,500), but less
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297-exceeds two thousand five hundred dollars ($2,500), but less
298-than ten thousand dollars ($10,000).
299-(4) A public servant who violates this section, upon
300-conviction, is guilty of a Class B felony when the pecuniary
301-benefit to the public servant or other person is equal to or
302-exceeds ten thousand dollars ($10,000).
303-Section 3. Section 13A-10-62, which specifies the crime
304-of failing to disclose a conflict of interest, and Section
305-13A-10-82, which specifies the crime of misuse of public
306-information, are repealed.
307-Section 4. Section 36-15-1.2 is added to the Code of
308-Alabama 1975, to read as follows:
309-§36-15-1.2
310-(a) Upon the request of any public servant, as that
311-term is defined in Section 13A-10-60, or upon his or her own
312-volition, the Attorney General shall give his or her opinion,
313-in writing, on any question of law under Section 13A-10-61.1
314-as it relates to any proposed conduct or activity as presented
315-in the request or opinion, whether based on real or
316-hypothetical circumstances.
317-(b) The Attorney General shall establish and publish on
318-its website guidelines on how to submit a request for an
319-opinion under this section.
320-(c) The provisions of Section 36-15-19 shall apply to
321-an opinion issued pursuant to this section.
322-Section 5. Chapter 25 of Title 36, Code of Alabama
323-1975, which sets forth the ethics laws for public officials
324-and public employees, is repealed.
325-Section 6. A violation or offense of Chapter 25 of
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355-Section 6. A violation or offense of Chapter 25 of
356-Title 36, Code of Alabama 1975, committed prior to June 1,
357-2025, is not affected by the repeal of Chapter 25, and any
358-prosecution or proceeding before the State Ethics Commission
359-for any violation or offense in Chapter 25 pending on June 1,
360-2025, shall proceed as if the chapter was not repealed.
361-Section 7. Chapter 25B is added to Title 36, Code of
362-Alabama 1975, to read as follows:
363-Article 1. General Provisions
364-§36-25B-1 Short Title
365-This chapter shall be known and may be cited as the
366-Alabama Ethics Act.
367-§36-25B-2 Definitions
368-Whenever used in this chapter, the following terms have
369-the following meanings:
370-(1) AGENCY HEAD. The director or chief administrative
371-officer of a governmental body.
372-(2) ASSOCIATED BUSINESS. A business of which a public
373-servant or his or her family member is an officer, director,
374-manager of a limited liability company, employee, or an owner
375-or holder of more than five percent of the fair market value
376-of the business.
377-(3) BUSINESS. Any corporation, partnership,
378-proprietorship, firm, enterprise, franchise, self-employed
379-individual, or other business entity.
380-(4) CANDIDATE. The term as defined in Section 17-5-2.
381-(5) COMMISSION. The State Ethics Commission.
382-(6) CONFLICT OF INTEREST. A substantial financial
383-interest that materially and uniquely affects a public servant
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413-interest that materially and uniquely affects a public servant
414-or a person closely associated with a public servant in a
415-manner different from the manner in which the financial
416-interest affects other members of the class to which that
417-public servant or person closely associated with a public
418-servant belongs.
419-(7) DAY. Calendar day.
420-(8) DEPENDENT. An individual claimed as a dependent for
421-income tax purposes.
422-(9) DIRECTOR. The Executive Director of the commission.
423-(10) ECONOMIC DEVELOPMENT PROFESSIONAL. a. An
424-individual seeking to advance specific, good faith economic
425-development or trade promotion projects or related objectives
426-for a business; a chamber of commerce or similar nonprofit
427-economic development organization in this state; a city, a
428-county, a political subdivision of the state; or a
429-governmental corporation or authority.
430-b. The term does not include elected officials,
431-legislators, or any former legislator within two years of the
432-end of the term for which he or she was elected.
433-(11) ENTITY. A business, union, association, committee,
434-club, organization, or other legal entity.
435-(12) FAMILY MEMBER. The spouse or a dependent.
436-(13) GIFT. Any single item or thing with a value
437-greater than one hundred dollars ($100), or any number of
438-items or things with a cumulative or aggregate value exceeding
439-five hundred dollars ($500) within a 12-month period, other
440-than any of the following:
441-a. A lawful campaign contribution or a contribution to
414+employment in any way that results in a pecuniary benefit for
415+himself or herself or for any other person.
416+(b) It is not a violation of this section in any of the
417+following circumstances:
418+(1) The public servant is acting pursuant to another
419+law, a lawful employment agreement, or an agency policy.
420+(2) The use of public property under subdivision (a)(2)
421+is in the same or a similar manner as is available for use by
422+the general public and involves minimal to no additional cost
423+to the state or the applicable governmental body.
424+(3) The use or disclosure of information under
425+subdivision (a)(3) was, at the time of use or disclosure,
426+publicly known or readily available to the general public
427+through the public servant’s governmental body or any other
428+public source.
429+(c)(1) If a public servant violates this section and
430+the personal gain to the public servant or other person is
431+less than one thousand dollars ($1,000), the Attorney General
432+or applicable district attorney may refer the matter to the
433+State Ethics Commission for a determination by the commission
434+of whether the public servant violated Section 36-25B-40 or
435+any other provision of the Alabama Ethics Act.
436+(2) A public servant who violates this section, upon
437+conviction, is guilty of a Class A misdemeanor when the
438+personal gain to the public servant or other person is
439+material but less than ten thousand dollars ($10,000), or the
440+cost to the state or local government is material but less
441+than ten thousand dollars ($10,000).
442+(3) A public servant who violates this section, upon
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471-a. A lawful campaign contribution or a contribution to
472-an inaugural or transition committee that is established by or
473-on behalf of a public official elected or appointed to a
474-public office.
475-b. Any campaign advice or other support that is not
476-considered a contribution under the Fair Campaign Practices
477-Act, Chapter 5 of Title 17.
478-c. Any financial transaction entered into in the
479-ordinary course of business on terms generally available to
480-similarly situated members of the public.
481-d. Anything paid for by a governmental body or an
482-entity created by a governmental body to support the
483-governmental body or secured by a governmental body under
484-contract, except for tickets to a sporting event offered by an
485-educational institution to any person other than faculty,
486-staff, or administration of the institution.
487-e. Anything provided by an association or organization
488-to which the state or a local government pays dues.
489-f. Compensation or benefits earned or received from an
490-associated business, from a client or prospective employer, or
491-from a vendor of an associated business, unless the
492-circumstances make it clear that the purpose of the
493-compensation or benefit is to substantially influence the
494-public servant.
495-g. Flowers and items with little intrinsic value which
496-are intended solely for presentations, such as plaques,
497-certificates, and trophies, and promotional items commonly
498-distributed to the general public.
499-h. Anything provided through inheritance.
472+(3) A public servant who violates this section, upon
473+conviction, is guilty of a Class C felony when the personal
474+gain to the public servant or other person is equal to or
475+exceeds ten thousand dollars ($10,000), but less than one
476+hundred thousand dollars ($100,000), or the cost to the state
477+or local government is equal to ten thousand dollars
478+($10,000), but less than one hundred thousand dollars
479+($100,000).
480+(4) A public servant who knowingly violates this
481+section, upon conviction, is guilty of a Class B felony when
482+the personal gain to the public servant or other person is
483+equal to or exceeds one hundred thousand dollars ($100,000),
484+or the cost to the state or local government is equal to or
485+exceeds one hundred thousand dollars ($100,000).
486+Section 3. Section 13A-10-62, which specifies the crime
487+of failing to disclose a conflict of interest, and Section
488+13A-10-82, which specifies the crime of misuse of public
489+information, are repealed.
490+Section 4. Section 36-15-1.1 is added to the Code of
491+Alabama 1975, to read as follows:
492+§36-15-1.1
493+(a) Upon the request of any public servant, as that
494+term is defined in Section 13A-10-1, or upon his or her own
495+volition, the Attorney General shall give his or her opinion,
496+in writing, on any question of law under Section 13A-10-61.1
497+as it relates to any proposed conduct or activity as presented
498+in the request or opinion, whether based on real or
499+hypothetical circumstances.
500+(b) The Attorney General shall establish and publish on
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529-h. Anything provided through inheritance.
530-(14) GOVERNMENTAL BODY. a. Any department, agency,
531-office, commission, board, or other political subdivision at
532-the state or local level in the executive, legislative, or
533-judicial branch. The term includes local boards of education,
534-public institutions of higher education, regulatory bodies,
535-the Legislature, local legislative bodies, and public or
536-private corporations or authorities established pursuant to
537-state law for the purpose of carrying out a specific
538-governmental function.
539-b. For purposes of lobbyist registrations, each
540-governmental body shall be considered a separate entity, as
541-described in Section 36-25B-60(b)6.a.
542-(15) LEGISLATIVE CAUCUS. A legislative caucus
543-registered pursuant to Section 17-5-5.1.
544-(16) LEGISLATURE. Includes both the Senate of Alabama
545-and the House of Representatives of Alabama, and unless
546-expressly specified otherwise, any committee or subcommittee
547-thereof.
548-(17) LOBBY or LOBBYING. a. Any act to influence or
549-attempt to influence:
550-1. Any legislative action, including executive
551-amendment, veto, or approval of legislation;
552-2. Any rulemaking action; or
553-3. The awarding of a grant or contract with any
554-governmental body.
555-b. The term does not include any of the following:
556-1. Providing public testimony before a governmental
557-body or as part of an administrative proceeding.
530+(b) The Attorney General shall establish and publish on
531+its website guidelines on how to submit a request for an
532+opinion under this section.
533+(c) The provisions of Section 35-15-19 shall apply to
534+an opinion issued pursuant to this section.
535+Section 5. Chapter 25 of Title 36, Code of Alabama
536+1975, which sets forth the ethics laws for public officials
537+and public employees, is repealed.
538+Section 6. A violation or offense of Chapter 25 of
539+Title 36, Code of Alabama 1975, committed prior to June 1,
540+2025, is not affected by the repeal of Chapter 25, and any
541+prosecution or proceeding before the State Ethics Commission
542+for any violation or offense in Chapter 25 pending on June 1,
543+2025, shall proceed as if the chapter was not repealed.
544+Section 7. Chapter 25B is added to Title 36, Code of
545+Alabama 1975, to read as follows:
546+Article 1. General Provisions
547+§36-25B-1 Short Title
548+This chapter shall be known and may be cited as the
549+Alabama Ethics Act.
550+§36-25B-2 Definitions
551+Whenever used in this chapter, the following terms have
552+the following meanings:
553+(1) AGENCY HEAD. The director or chief administrative
554+officer of a governmental body.
555+(2) ASSOCIATED BUSINESS. A business of which a public
556+servant or his or her family member is an officer, director,
557+manager of a limited liability company, employee, or an owner
558+or holder of more than five percent of the fair market value
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587-body or as part of an administrative proceeding.
588-2. Carrying out ongoing negotiations following the
589-award of a bid or contract.
590-3. Rendering legal services in a legal matter before a
591-governmental body.
592-4. Responding to a request from a public servant or
593-governmental body for information.
594-5. Providing professional services in drafting bills,
595-advising clients, and rendering opinions as to the
596-construction and effect of proposed or pending legislation,
597-executive action, or rules.
598-(18) LOBBYIST. a. An individual who is engaged in
599-lobbying and receives compensation or reimbursement for such
600-engagement. In the case of an individual who is an officer,
601-director, manager of a limited liability company, employee, or
602-an owner or holder of more than five percent of the fair
603-market value of a business, the term only applies to that
604-individual if he or she engages in lobbying for the entity as
605-a regular and usual part of the individual's activities on
606-behalf of the entity.
607-b. The term does not include any of the following:
608-1. A reporter or editor while pursuing normal
609-reportorial and editorial duties.
610-2. A public servant who lobbies as part of his or her
611-official duties.
612-3. An individual seeking a contract or grant at the
613-county or municipal level of government.
614-4. An individual acting as an economic development
615-professional who is not otherwise required to register as a
588+or holder of more than five percent of the fair market value
589+of the business.
590+(3) BUSINESS. Any corporation, partnership,
591+proprietorship, firm, enterprise, franchise, self-employed
592+individual, or other business entity.
593+(4) CANDIDATE. The term as defined in Section 17-5-2.
594+(5) COMMISSION. The State Ethics Commission.
595+(6) CONFLICT OF INTEREST. A substantial financial
596+interest that materially and uniquely affects a public servant
597+or a person closely associated with a public servant in a
598+manner different from the manner in which the financial
599+interest affects other members of the class to which that
600+public servant or person closely associated with a public
601+servant belongs.
602+(7) DAY. Calendar day.
603+(8) DEPENDENT. An individual claimed as a dependent for
604+income tax purposes.
605+(9) DIRECTOR. The Executive Director of the commission.
606+(10) ECONOMIC DEVELOPMENT PROFESSIONAL. a. An
607+individual seeking to advance specific, good faith economic
608+development or trade promotion projects or related objectives
609+for a business; a chamber of commerce or similar nonprofit
610+economic development organization in this state; a city, a
611+county, a political subdivision of the state; or a
612+governmental corporation or authority.
613+b. The term does not include elected officials,
614+legislators, or any former legislator within two years of the
615+end of the term for which he or she was elected.
616+(11) ENTITY. A business, union, association, committee,
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645-professional who is not otherwise required to register as a
646-lobbyist, unless and until he or she seeks incentives through
647-legislative action in the Legislature that are above and
648-beyond, or in addition to, the then current statutory or
649-constitutional authorization.
650-5. Any citizen not lobbying for compensation who is
651-merely exercising his or her constitutional right to
652-communicate with a governmental body.
653-6. An agency head or his or her designee who provides
654-or communicates information relating to policies or positions
655-affecting the governmental body that he or she represents.
656-(19) LOCAL LEGISLATIVE BODY. The term includes both of
657-the following:
658-a. A county commission and any committee or
659-subcommittee thereof.
660-b. A city council, city commission, town council, or
661-other municipal council or commission, and any committee or
662-subcommittee thereof.
663-(20) OFFENSE. A conclusive finding by the commission
664-that a violation has occurred arising out of a specific set of
665-circumstances. Second, third, and subsequent offenses are
666-separate offenses that arise out of distinct sets of
667-circumstances or events.
668-(21) PERSON. An individual or entity.
669-(22) PERSON CLOSELY ASSOCIATED. A family member or
670-associated business.
671-(23) PRINCIPAL. Includes both of the following:
672-a. The person or governmental body who employs, hires,
673-or otherwise retains a lobbyist.
646+(11) ENTITY. A business, union, association, committee,
647+club, organization, or other legal entity.
648+(12) FAMILY MEMBER. The spouse or a dependent.
649+(13) GIFT. Any single item or thing with a value
650+greater than one hundred dollars ($100), or any number of
651+items or things with a cumulative or aggregate value exceeding
652+five hundred dollars ($500) within a 12-month period, other
653+than any of the following:
654+a. A lawful campaign contribution or a contribution to
655+an inaugural or transition committee that is established by or
656+on behalf of a public official elected or appointed to a
657+public office.
658+b. Any campaign advice or other support that is not
659+considered a contribution under the Fair Campaign Practices
660+Act, Chapter 5 of Title 17.
661+c. Any financial transaction entered into in the
662+ordinary course of business on terms generally available to
663+similarly situated members of the public.
664+d. Anything paid for by a governmental body or an
665+entity created by a governmental body to support the
666+governmental body or secured by a governmental body under
667+contract, except for tickets to a sporting event offered by an
668+educational institution to any person other than faculty,
669+staff, or administration of the institution.
670+e. Anything provided by an association or organization
671+to which the state or a local government pays dues.
672+f. Compensation or benefits from outside employment or
673+from a client or prospective employer in the ordinary course
674+of business, unless the circumstances make it clear that the
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703-or otherwise retains a lobbyist.
704-b. If the principal is an entity or governmental body,
705-the primary individual who directs the activities of the
706-lobbyist and is designated to sign the lobbyist registration
707-form under Section 36-25B-60(b)(4).
708-(24) PROHIBITED SOURCE. With respect to a public
709-servant, all of the following :
710-a. A lobbyist who engages in lobbying or seeks to
711-engage in lobbying the public servant's governmental body.
712-b. The principal of a lobbyist described in paragraph
713-a.
714-c. A person that is doing business or seeking to do
715-business with the public servant's governmental body.
716-d. A person that is conducting or seeking to conduct
717-activities, other than ordinary activities conducted by the
718-general population, that are regulated by the public servant's
719-governmental body.
720-e. A person that is seeking or intends to seek official
721-action or to influence official action by the public servant's
722-governmental body.
723-(25) PUBLIC EMPLOYEE. a. An individual employed by a
724-governmental body.
725-b. The term does not include any of the following:
726-1. An individual employed on a part-time basis whose
727-employment is limited to providing professional services other
728-than lobbying, the compensation for which constitutes less
729-than 50 percent of the part-time employee's annual income.
730-2. An employee of a hospital or other health care
731-corporation, including a contract employee of a hospital or
704+of business, unless the circumstances make it clear that the
705+purpose of the compensation or benefit is to substantially
706+influence the public servant.
707+g. Flowers and items with little intrinsic value which
708+are intended solely for presentations, such as plaques,
709+certificates, and trophies, and promotional items commonly
710+distributed to the general public.
711+h. Anything provided through inheritance.
712+(14) GOVERNMENTAL BODY. a. Any department, agency,
713+office, commission, board, or other political subdivision at
714+the state or local level in the executive, legislative, or
715+judicial branch. The term includes local boards of education,
716+public institutions of higher education, regulatory bodies,
717+the Legislature, local legislative bodies, and public or
718+private corporations or authorities established pursuant to
719+state law for the purpose of carrying out a specific
720+governmental function.
721+b. For purposes of lobbyist registrations, each
722+governmental body shall be considered a separate entity, as
723+described in Section 36-25B-60(b)6.a.
724+(15) LEGISLATIVE CAUCUS. A legislative caucus
725+registered pursuant to Section 17-5-5.1.
726+(16) LEGISLATURE. Includes both the Senate of Alabama
727+and the House of Representatives of Alabama, and unless
728+expressly specified otherwise, any committee or subcommittee
729+thereof.
730+(17) LOBBY or LOBBYING. a. Any act to influence or
731+attempt to influence:
732+1. Any legislative action, including executive
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761-corporation, including a contract employee of a hospital or
762-health care corporation.
763-3. An employee who is not paid in whole or in part from
764-state, county, or municipal funds.
765-4. An individual employed or appointed to an insurance
766-underwriting association or a guaranty association organized
767-under Title 27 and subject to the immediate supervision of the
768-Commissioner of Insurance.
769-(26) PUBLIC OFFICIAL. a. An individual elected, whether
770-or not that individual has taken office, or appointed to a
771-public office in a governmental body.
772-b. The term does not include:
773-1. A judge or other individual wholly governed by the
774-Alabama Canons of Judicial Ethics; or
775-2. An individual subject to Rule 12(c)(1) of the
776-Alabama Rules of Disciplinary Procedure.
777-(27) PUBLIC SERVANT. A public employee or public
778-official.
779-(28) REGULATORY BODY. A state agency that adopts rules
780-or a state, county, or municipal department, agency, board, or
781-commission that controls, according to rule or regulation, the
782-activities, business licensure, or functions of any person.
783-(29) VALUE. The fair market price of a like item if
784-purchased by a private citizen. In the case of tickets to
785-social and sporting events and associated passes, the value is
786-the printed or published face value of the ticket or pass.
787-§36-25B-3 Construction of Chapter In Pari Materia
788-This chapter shall be construed in pari materia with
789-other laws dealing with the subject of ethics, including, but
762+1. Any legislative action, including executive
763+amendment, veto, or approval of legislation;
764+2. Any rulemaking action; or
765+3. The awarding of a grant or contract with any
766+governmental body.
767+b. The term does not include any of the following:
768+1. Providing public testimony before a governmental
769+body or as part of an administrative proceeding.
770+2. Carrying out ongoing negotiations following the
771+award of a bid or contract.
772+3. Rendering legal services in a legal matter before a
773+governmental body.
774+4. Responding to a request from a public servant or
775+governmental body for information.
776+5. Providing professional services in drafting bills,
777+advising clients, and rendering opinions as to the
778+construction and effect of proposed or pending legislation,
779+executive action, or rules.
780+(18) LOBBYIST. a. An individual who is engaged in
781+lobbying and receives compensation or reimbursement for such
782+engagement. In the case of an individual who is an officer,
783+director, manager of a limited liability company, employee, or
784+an owner or holder of more than five percent of the fair
785+market value of a business, the term only applies to that
786+individual if he or she engages in lobbying for the entity as
787+a regular and usual part of the individual's activities on
788+behalf of the entity.
789+b. The term does not include any of the following:
790+1. A reporter or editor while pursuing normal
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819-other laws dealing with the subject of ethics, including, but
820-not limited to, Title 13A.
821-§36-25B-4 Applicability of Chapter to Other Laws
822-Nothing in this chapter shall affect any other law that
823-requires or exempts a person from complying with any provision
824-of Chapter 25 of this title or the ethics laws of the state.
825-Any reference to Chapter 25 of this title shall be considered
826-a reference to this chapter.
827-§36-25B-5 Conducting Political Activity Allowed
828-Nothing in this chapter shall be deemed to limit the
829-right of a public servant to publicly or privately express his
830-or her support for, or to encourage others to support and
831-contribute to, any principal campaign committee as defined in
832-Section 17-5-2, political action committee as defined in
833-Section 17-5-2, referendum, ballot question, issue, or
834-constitutional amendment.
835-§36-25B-6 College and University Technology Transfer
836-Nothing in the chapter shall be deemed to limit or
837-restrict the ability of public institutions of higher
838-education, along with the public servants within the
839-institutions, to accept and award grants, conduct research,
840-collaborate with persons both within and outside the
841-institution, enter into technology transfer agreements, and
842-otherwise commercialize, protect, and share intellectual
843-property by agreement in accordance with institution policy.
844-§36-25B-7 Additional Discipline
845-Nothing in this chapter limits:
846-(1) The power of the Legislature or a local legislative
847-body to discipline its own members or to impeach public
820+1. A reporter or editor while pursuing normal
821+reportorial and editorial duties.
822+2. A public servant who lobbies as part of his or her
823+official duties.
824+3. An individual seeking a contract or grant at the
825+county or municipal level of government.
826+4. An individual acting as an economic development
827+professional who is not otherwise required to register as a
828+lobbyist, unless and until he or she seeks incentives through
829+legislative action in the Legislature that are above and
830+beyond, or in addition to, the then current statutory or
831+constitutional authorization.
832+5. Any citizen not lobbying for compensation who is
833+merely exercising his or her constitutional right to
834+communicate with a governmental body.
835+(19) LOCAL LEGISLATIVE BODY. The term includes both of
836+the following:
837+a. A county commission and any committee or
838+subcommittee thereof.
839+b. A city council, city commission, town council, or
840+other municipal council or commission, and any committee or
841+subcommittee thereof.
842+(20) OFFENSE. A conclusive finding by the commission
843+that a violation has occurred arising out of a specific set of
844+circumstances. Second, third, and subsequent offenses are
845+separate offenses that arise out of distinct sets of
846+circumstances or events.
847+(21) PERSON. An individual or entity.
848+(22) PERSON CLOSELY ASSOCIATED. A family member or
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877-body to discipline its own members or to impeach public
878-officials; or
879-(2) The powers of a governmental body to discipline its
880-respective public officials or public employees.
881-§36-25B-8 Whistleblower Protections
882-(a) As used in this section, "report of a violation" or
883-"reports a violation" means a communication made in writing,
884-in good faith, by a public servant to his or her supervisor or
885-to the commission of a violation, or what the public servant
886-believes in good faith to be a violation, of this chapter. The
887-term includes, but is not limited to, filing a complaint,
888-initiating a complaint, or giving truthful statements or
889-truthful testimony concerning an alleged violation.
890-(b)(1) A supervisor shall not discharge, demote,
891-transfer, or otherwise take an adverse employment action
892-against a public servant in retaliation for reporting to a
893-governmental body, under oath or in the form of an affidavit,
894-a violation of this chapter.
895-(2) A supervisor who violates subdivision (1) shall be
896-subject to civil action in circuit court. A public servant may
897-bring a civil action in circuit court for an alleged violation
898-of this subsection within two years after the occurrence of
899-the adverse action taken against the public servant. The court
900-may order reinstatement of employment, payment of back wages,
901-or compensatory damages, or any combination of these remedies
902-in a civil action initiated under this subsection.
903-(c) Nothing in this chapter shall be construed in any
904-manner to prevent or prohibit or otherwise limit a supervisor
905-from disciplining, discharging, transferring, or otherwise
878+(22) PERSON CLOSELY ASSOCIATED. A family member or
879+associated business.
880+(23) PRINCIPAL. Includes both of the following:
881+a. The person or governmental body who employs, hires,
882+or otherwise retains a lobbyist.
883+b. If the principal is an entity or governmental body,
884+the primary individual who directs the activities of the
885+lobbyist and is designated to sign the lobbyist registration
886+form under Section 36-25B-60(b)(4).
887+(24) PROHIBITED SOURCE. With respect to a public
888+servant, all of the following :
889+a. A lobbyist who engages in lobbying or seeks to
890+engage in lobbying the public servant's governmental body.
891+b. The principal of a lobbyist described in paragraph
892+a.
893+c. A person that is doing business or seeking to do
894+business with the public servant's governmental body.
895+d. A person that is conducting or seeking to conduct
896+activities, other than ordinary activities conducted by the
897+general population, that are regulated by the public servant's
898+governmental body.
899+e. A person that is seeking or intends to seek official
900+action or to influence official action by the public servant's
901+governmental body.
902+(25) PUBLIC SERVANT. a. An individual employed by a
903+governmental body or an individual elected, whether or not
904+that individual has taken office, or appointed to a public
905+office in a governmental body.
906+b. The term does not include any of the following:
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935-from disciplining, discharging, transferring, or otherwise
936-affecting the terms and conditions of a public servant's
937-employment so long as the disciplinary action does not result
938-from, or is in no other manner connected with, the public
939-servant's good faith filing of a complaint with the
940-commission, giving truthful statements, or truthfully
941-testifying in an investigation conducted by the commission.
942-(d) A public servant may not file a complaint or
943-otherwise initiate action against another public servant,
944-including his or her supervisor, without a good faith basis
945-for believing the complaint to be true and accurate. A public
946-servant who files a complaint without a good faith belief in
947-the truthfulness and accuracy of the complaint shall be
948-subject to a civil action in the circuit courts in the State
949-of Alabama pursuant to the Alabama Rules of Civil Procedure
950-and additionally is subject to appropriate and applicable
951-personnel action.
952-Article 2. State Ethics Commission
953-§36-25B-20 Commission Established; Membership
954-(a) The State Ethics Commission is continued in
955-existence as an instrumentality of the state under the
956-direction and supervision of the commissioners.
957-(b)(1) Members of the commission shall be composed of
958-five individuals who shall be appointed on a rotating basis by
959-the following public officials in the following repeating
960-order: The Governor, the President of the Senate, the Speaker
961-of the House of Representatives, the Secretary of State, and,
962-on an alternating basis, either the House of Representatives
963-Minority Leader or the Senate Minority Leader.
936+b. The term does not include any of the following:
937+1. An individual employed on a part-time basis whose
938+employment is limited to providing professional services other
939+than lobbying, the compensation for which constitutes less
940+than 50 percent of the part-time employee's income.
941+2. An individual employed by a governmental body that
942+operates a hospital or other health care organization.
943+3. A judge or other individual governed by the Alabama
944+Canons of Judicial Ethics.
945+(26) REGULATORY BODY. A state agency that adopts rules
946+or a state, county, or municipal department, agency, board, or
947+commission that controls, according to rule or regulation, the
948+activities, business licensure, or functions of any person.
949+(27) VALUE. The fair market price of a like item if
950+purchased by a private citizen. In the case of tickets to
951+social and sporting events and associated passes, the value is
952+the printed or published face value of the ticket or pass.
953+§36-25B-3 Construction of Chapter In Pari Materia
954+This chapter shall be construed in pari materia with
955+other laws dealing with the subject of ethics, including, but
956+not limited to, Title 13A.
957+§36-25B-4 Applicability of Chapter to Other Laws
958+Nothing in this chapter shall affect any other law that
959+requires or exempts a person from complying with any provision
960+of Chapter 25 of this title or the ethics laws of the state.
961+Any reference to Chapter 25 of this title shall be considered
962+a reference to this chapter.
963+§36-25B-5 Conducting Political Activity Allowed
964+Nothing in this chapter shall be deemed to limit the
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993-Minority Leader or the Senate Minority Leader.
994-(2) The commission membership shall be inclusive so
995-that diversity of gender, race, and geographical areas is
996-reflective of the makeup of this state. Subject to subdivision
997-(c)(2), the appointing authorities shall coordinate their
998-appointments so that there is always at least: (i) one member
999-who has served as a prosecutor within a district attorney's
1000-office for at least 10 years; (ii) one member who has served
1001-as a judge for at least 10 years; and (iii) one member who has
1002-worked as a criminal defense attorney with at least 10 years
1003-of legal experience. All members of the commission must be a
1004-resident of this state and of high moral character and
1005-ability. The retirement or supernumerary status of a former
1006-public official serving as a member shall not be suspended or
1007-impacted while serving as a member. Nothing in this
1008-subdivision shall be deemed to prevent a supernumerary
1009-district attorney from serving as a member of the commission.
1010-(3) Appointments shall be subject to Senate
1011-confirmation.
1012-(c)(1) Commissioners shall serve for a term of five
1013-years with a term beginning on September 1 of the year
1014-appointed and ending on August 31 of the fifth year of that
1015-term. Appointed individuals shall assume their duties on
1016-September 1 or immediately thereafter if appointed after the
1017-start of the term, even if not yet confirmed by the Senate. If
1018-a newly appointed commissioner is not confirmed during the
1019-first regular session of the Legislature in which confirmation
1020-may occur, the appropriate appointing authority shall appoint
1021-another individual who shall immediately begin serving and be
994+Nothing in this chapter shall be deemed to limit the
995+right of a public servant to publicly or privately express his
996+or her support for, or to encourage others to support and
997+contribute to, any principal campaign committee as defined in
998+Section 17-5-2, political action committee as defined in
999+Section 17-5-2, referendum, ballot question, issue, or
1000+constitutional amendment.
1001+§36-25B-6 College and University Technology Transfer
1002+Nothing in the chapter shall be deemed to limit or
1003+restrict the ability of public institutions of higher
1004+education, along with the public servants within the
1005+institutions, to accept and award grants, conduct research,
1006+collaborate with persons both within and outside the
1007+institution, enter into technology transfer agreements, and
1008+otherwise commercialize, protect, and share intellectual
1009+property by agreement in accordance with institution policy.
1010+§36-25B-7 Additional Discipline
1011+Nothing in this chapter limits:
1012+(1) The power of the Legislature or a local legislative
1013+body to discipline its own members or to impeach public
1014+officials; or
1015+(2) The powers of a governmental body to discipline its
1016+respective public officials or public employees.
1017+§36-25B-8 Whistleblower Protections
1018+(a) As used in this section, "report of a violation" or
1019+"reports a violation" means a communication made in writing,
1020+in good faith, by a public servant to his or her supervisor or
1021+to the commission of a violation, or what the public servant
1022+believes in good faith to be a violation, of this chapter. The
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1051-another individual who shall immediately begin serving and be
1052-subject to Senate confirmation no later than the next regular
1053-legislative session.
1054-(2) Commissioners serving on June 1, 2025, shall
1055-continue to serve until their respective term expires.
1056-(3) The following individuals are not eligible to be
1057-appointed or serve as commissioners:
1058-a. A public servant other than a supernumerary district
1059-attorney.
1060-b. A candidate.
1061-c. A lobbyist or a principal.
1062-d. A former employee of the commission.
1063-(d) A member shall serve at the pleasure of his or her
1064-respective appointing authority, but may only be removed by
1065-the respective appointing authority upon such proof as would
1066-authorize the impeachment of a district attorney.
1067-(e) If at any time there is a vacancy in the membership
1068-of the commission, a successor commissioner shall be appointed
1069-by the original appointing authority to serve for the
1070-unexpired term and shall be subject to Senate confirmation as
1071-further provided in this section. A commissioner may not be
1072-reappointed to succeed himself or herself unless the prior
1073-service was for less than a full term. A vacancy in the
1074-membership of the commission does not impair the right of the
1075-remaining commissioners to exercise all the powers of the
1076-commissioners as a whole.
1077-(f) Commissioners shall elect one member to serve as
1078-chair of the commission and one member to serve as vice chair.
1079-The vice chair shall act as chair in the absence or disability
1052+believes in good faith to be a violation, of this chapter. The
1053+term includes, but is not limited to, filing a complaint,
1054+initiating a complaint, or giving truthful statements or
1055+truthful testimony concerning an alleged violation.
1056+(b)(1) A supervisor shall not discharge, demote,
1057+transfer, or otherwise take an adverse employment action
1058+against a public servant with respect to compensation, terms,
1059+conditions, or privileges of employment based on either the
1060+public servant's reporting of a violation or what he or she
1061+believes in good faith to be a violation of this chapter, or
1062+the public servant's giving truthful statements or truthful
1063+testimony concerning an alleged ethics violation, regardless
1064+of whether the public servant filed the complaint.
1065+(2) A supervisor who violates this subsection shall be
1066+subject to civil action in circuit court. A public servant may
1067+bring a civil action in circuit court for an alleged violation
1068+of this subsection within two years after the occurrence of
1069+the adverse action taken against the public servant. The court
1070+may order reinstatement of employment, payment of back wages,
1071+or compensatory damages, or any combination of these remedies
1072+in a civil action initiated under this subsection.
1073+(c) Nothing in this chapter shall be construed in any
1074+manner to prevent or prohibit or otherwise limit a supervisor
1075+from disciplining, discharging, transferring, or otherwise
1076+affecting the terms and conditions of a public servant's
1077+employment so long as the disciplinary action does not result
1078+from, or is in no other manner connected with, the public
1079+servant's good faith filing of a complaint with the
1080+commission, giving truthful statements, or truthfully
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1109-The vice chair shall act as chair in the absence or disability
1110-of the chair or in the event of a vacancy in that office.
1111-(g) Three commissioners shall constitute a quorum. No
1112-official action may be taken by the commissioners in the
1113-absence of a quorum.
1114-(h) The commissioners, while conducting official
1115-business, shall be entitled to receive compensation at the
1116-rate of two hundred fifty dollars ($250) per day, and each
1117-commissioner, when approved by the chair, shall be paid his or
1118-her travel expenses incurred in the performance of his or her
1119-duties as a commissioner as other state employees and
1120-officials are paid. If for any reason a commissioner wishes
1121-not to claim and accept the compensation or travel expenses,
1122-the commissioner shall inform the director, in writing, of the
1123-refusal. The commissioner, at any time during his or her term,
1124-may begin accepting compensation or travel expenses; however,
1125-the commissioner's refusal for any covered period shall act as
1126-an irrevocable waiver for that period.
1127-§36-25B-21 Director and Other Employees of Commission
1128-(a)(1) The commissioners shall appoint a full-time
1129-director who shall serve at the pleasure of the commissioners.
1130-The director shall be an attorney licensed to practice law in
1131-this state. The director shall be subject to confirmation by
1132-the Senate during the first regular session of the Legislature
1133-in which confirmation may occur, however this does not affect
1134-the right or authority of the director to act pending
1135-confirmation or rejection. If the director is not confirmed
1136-during the applicable legislative session, his or her service
1137-shall be terminated not more than 30 days after the applicable
1110+commission, giving truthful statements, or truthfully
1111+testifying in an investigation conducted by the commission.
1112+(d) A public servant may not file a complaint or
1113+otherwise initiate action against a public official or other
1114+public employee, including his or her supervisor, without a
1115+good faith basis for believing the complaint to be true and
1116+accurate. A public servant who files a complaint without a
1117+good faith belief in the truthfulness and accuracy of the
1118+complaint shall be subject to a civil action in the circuit
1119+courts in the State of Alabama pursuant to the Alabama Rules
1120+of Civil Procedure and additionally is subject to appropriate
1121+and applicable personnel action.
1122+Article 2. State Ethics Commission
1123+§36-25B-20 Commission Established; Membership
1124+(a) The State Ethics Commission is continued in
1125+existence as an instrumentality of the state under the
1126+direction and supervision of the commissioners.
1127+(b) Members of the commission shall be composed of five
1128+individuals who shall be appointed on a rotating basis by the
1129+following public officials in the following repeating order:
1130+The Governor, the President Pro Tempore of the Senate, and the
1131+Speaker of the House of Representatives. Appointments shall be
1132+subject to Senate confirmation.
1133+(c)(1) Commissioners shall serve for a term of five
1134+years with a term beginning on September 1 of the year
1135+appointed and ending on August 31 of the fifth year of that
1136+term. Appointed individuals shall assume their duties on
1137+September 1 or immediately thereafter if appointed after the
1138+start of the term, even if not yet confirmed by the Senate. If
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1167-shall be terminated not more than 30 days after the applicable
1168-legislative session adjourns sine die and the commissioners
1169-shall immediately appoint another individual who shall
1170-immediately begin serving. The new director shall be subject
1171-to Senate confirmation no later than the next regular
1172-legislative session. No appointee whose confirmation is
1173-rejected by the Senate may be reappointed.
1174-(2) Beginning June 1, 2025, the director shall serve
1175-for a term of five years and until a qualified successor is
1176-appointed. The director may be appointed for more than one
1177-term, provided he or she is reconfirmed by the Senate as
1178-described in subdivision (1).
1179-(3) If the Attorney General, after conducting an
1180-investigation, recommends to the Legislative Council that the
1181-director be removed for a cause described in Section 173 of
1182-the Constitution of Alabama of 2022, the director shall be
1183-removed if affirmed by a majority vote of the council members
1184-from the Senate and a majority vote of the council members
1185-from the House of Representatives.
1186-(4) The compensation of the director shall be fixed by
1187-the commissioners, payable as the salaries of other state
1188-employees.
1189-(5) Under the direction and supervision of the
1190-commissioners, the director shall be responsible for the
1191-administrative operations of the commission and shall
1192-administer this chapter in accordance with this chapter and
1193-rules and commission policies adopted thereunder.
1194-(b) The director shall employ other employees of the
1195-commission as needed, including investigators, as necessary to
1168+start of the term, even if not yet confirmed by the Senate. If
1169+a newly appointed commissioner is not confirmed during the
1170+first regular session of the Legislature in which confirmation
1171+may occur, the appropriate appointing authority shall appoint
1172+another individual who shall immediately begin serving and be
1173+subject to Senate confirmation no later than the next regular
1174+legislative session.
1175+(2) Commissioners serving on June 1, 2025, shall
1176+continue to serve until their respective term expires.
1177+(3)a. The commission membership shall be inclusive so
1178+that diversity of gender, race, and geographical areas is
1179+reflective of the makeup of this state. One commissioner shall
1180+be licensed to practice law in this state and be a member in
1181+good standing of the Alabama State Bar Association, and one
1182+commissioner shall be a former elected public official who
1183+served at least two terms in public office. Each commissioner
1184+must be a resident of this state and of high moral character
1185+and ability.
1186+b. The following individuals are not eligible to be
1187+appointed or serve as commissioners:
1188+1. A public official.
1189+2. A candidate.
1190+3. A lobbyist or a principal.
1191+4. A former employee of the commission.
1192+(d) If at any time there is a vacancy in the membership
1193+of the commission, a successor commissioner shall be appointed
1194+by the original appointing authority to serve for the
1195+unexpired term and shall be subject to Senate confirmation as
1196+further provided in this section. A commissioner may not be
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1225-commission as needed, including investigators, as necessary to
1226-conduct investigations under this chapter. All employees of
1227-the commission, except the director, shall be employed subject
1228-to the state Merit System, and their compensation shall be
1229-prescribed pursuant to that law. The employment of attorneys
1230-shall be subject to subsection (e).
1231-(c) The investigators shall be and are constituted law
1232-enforcement officers of the State of Alabama with full and
1233-unlimited police power and jurisdiction to enforce the laws of
1234-this state pertaining to the operation and administration of
1235-this chapter. Investigators shall be certified by the Alabama
1236-Peace Officers' Standards and Training Commission.
1237-Notwithstanding the foregoing, investigators shall only
1238-exercise their power of arrest as granted under this chapter
1239-pursuant to an order issued by a court of competent
1240-jurisdiction.
1241-(d) The director may appoint certified court reporters
1242-to take and transcribe the testimony in any hearing or
1243-investigation before the commission or before any individual
1244-authorized by the commission, or as required under Section
1245-36-25B-85. The reporters are not full-time employees of the
1246-commission, are not subject to the state Merit System, and may
1247-not participate in the Employees' Retirement System of
1248-Alabama.
1249-(e)(1) The director may employ an attorney, upon
1250-approval by the Attorney General, as general counsel who shall
1251-be granted status as a deputy attorney general and shall not
1252-be subject to the state Merit System. The general counsel
1253-shall be subject Rule 3.8 of the Alabama Rules of Professional
1226+further provided in this section. A commissioner may not be
1227+reappointed to succeed himself or herself unless the prior
1228+service was for less than a full term. A vacancy in the
1229+membership of the commission does not impair the right of the
1230+remaining commissioners to exercise all the powers of the
1231+commissioners as a whole.
1232+(e) Commissioners shall elect one member to serve as
1233+chair of the commission and one member to serve as vice chair.
1234+The vice chair shall act as chair in the absence or disability
1235+of the chair or in the event of a vacancy in that office.
1236+(f) Three commissioners shall constitute a quorum. No
1237+official action may be taken by the commissioners in the
1238+absence of a quorum.
1239+(g) The commissioners, while conducting official
1240+business, shall be entitled to receive compensation at the
1241+rate of two hundred fifty dollars ($250) per day, and each
1242+commissioner, when approved by the chair, shall be paid his or
1243+her travel expenses incurred in the performance of his or her
1244+duties as a commissioner as other state employees and
1245+officials are paid. If for any reason a commissioner wishes
1246+not to claim and accept the compensation or travel expenses,
1247+the commissioner shall inform the director, in writing, of the
1248+refusal. The commissioner, at any time during his or her term,
1249+may begin accepting compensation or travel expenses; however,
1250+the commissioner's refusal for any covered period shall act as
1251+an irrevocable waiver for that period.
1252+§36-25B-21 Director and Other Employees of Commission
1253+(a)(1) The commissioners shall appoint a full-time
1254+director who shall serve at the pleasure of the commissioners.
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1283-shall be subject Rule 3.8 of the Alabama Rules of Professional
1284-Conduct.
1285-(2) The director may employ other competent attorneys
1286-as legal counsel for the commission. Each attorney so
1287-appointed shall be licensed to practice law in this state and
1288-be a member in good standing of the Alabama State Bar
1289-Association.
1290-(f) The director, commissioners, and all employees of
1291-the commission may not engage in partisan political activity,
1292-including making any campaign contribution, at the state,
1293-county, and local level, and may not make any public statement
1294-for a period of 120 days before an election about a candidate,
1295-regardless of whether or not a candidate has a matter pending
1296-before the commission, other than a comment directly relating
1297-to the final disposition of the matter. This subsection shall
1298-in no way limit or restrict an individual's ability to vote in
1299-any election.
1300-§36-25B-22 General Duties of Commission
1301-The commission shall do all of the following:
1302-(1) Inform and train public servants, candidates, and
1303-lobbyists of the ethics standards, reporting deadlines, and
1304-other requirements set forth in this chapter through regularly
1305-conducted and readily available educational programs and
1306-assist them in understanding and complying with those
1307-standards and requirements.
1308-(2) Prescribe forms for reports and statements that are
1309-required to be filed under this chapter, establish guidelines
1310-and requirements for filing the reports and statements, and
1311-make the forms, guidelines, and requirements available for
1284+director who shall serve at the pleasure of the commissioners.
1285+The director shall be subject to confirmation by the Senate
1286+during the first regular session of the Legislature in which
1287+confirmation may occur, however this does not affect the right
1288+or authority of the director to act pending confirmation or
1289+rejection. If the director is not confirmed during the
1290+applicable legislative session, his or her service shall be
1291+terminated not more than 30 days after the applicable
1292+legislative session adjourns sine die and the commissioners
1293+shall immediately appoint another individual who shall
1294+immediately begin serving. The new director shall be subject
1295+to Senate confirmation no later than the next regular
1296+legislative session. No appointee whose confirmation is
1297+rejected by the Senate may be reappointed.
1298+(2) Beginning June 1, 2025, the director shall serve
1299+for a term of five years and until a qualified successor is
1300+appointed. The director may be appointed for more than one
1301+term, provided he or she is reconfirmed by the Senate as
1302+described in subdivision (1).
1303+(3) If the Attorney General, after conducting an
1304+investigation, recommends to the Legislative Council that the
1305+director be removed for a cause described in Section 173 of
1306+the Constitution of Alabama of 2022, the director shall be
1307+removed if affirmed by a majority vote of the council members
1308+from the Senate and a majority vote of the council members
1309+from the House of Representatives.
1310+(4) The compensation of the director shall be fixed by
1311+the commissioners, payable as the salaries of other state
1312+employees.
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1341-make the forms, guidelines, and requirements available for
1342-public servants, lobbyists, principals, prohibited sources,
1343-and any other person as needed or required.
1344-(3) Upon written request, provide advice or opinions
1345-concerning proposed future conduct or action as it relates to
1346-this chapter in the form of either formal or informal
1347-opinions, as further provided in Section 36-25B-27.
1348-(4) Examine all reports and statements filed with the
1349-commission and identify any discernible errors, omissions, or
1350-other violations of the filing requirements established
1351-pursuant to this chapter.
1352-(5) Provide public access to copies of all reports and
1353-statements filed with the commission pursuant to this chapter,
1354-including publicly posting the reports and statements,
1355-excluding information specifically required to be redacted
1356-pursuant to this chapter.
1357-(6) Maintain an official website that contains
1358-information as required pursuant to this chapter and other
1359-information as necessary to assist public servants, lobbyists,
1360-principals, prohibited sources, and other entities to comply
1361-with the requirements of this chapter while promoting
1362-transparency and public trust. Information posted on the
1363-commission's website shall be readily searchable and
1364-accessible to the public.
1365-(7) Accept and investigate written complaints made to
1366-the commission alleging violations of this chapter, as further
1367-provided in Section 36-25B-81.
1368-(8) Conduct full investigations and, if applicable,
1369-hold contested case hearings regarding potential violations of
1342+employees.
1343+(5) Under the direction and supervision of the
1344+commissioners, the director shall be responsible for the
1345+administrative operations of the commission and shall
1346+administer this chapter in accordance with this chapter and
1347+rules and commission policies adopted thereunder.
1348+(b) The director shall employ other employees of the
1349+commission as needed, including investigators as necessary to
1350+conduct investigations under this chapter. All employees of
1351+the commission, except the director, shall be employed subject
1352+to the state Merit System, and their compensation shall be
1353+prescribed pursuant to that law. The employment of attorneys
1354+shall be subject to subsection (d).
1355+(c) The director may appoint part-time stenographic
1356+reporters or certified court reporters to take and transcribe
1357+the testimony in any hearing or investigation before the
1358+commission or before any individual authorized by the
1359+commission. The reporters are not full-time employees of the
1360+commission, are not subject to the state Merit System, and may
1361+not participate in the Employees' Retirement System of
1362+Alabama.
1363+(d) The director may employ an individual as general
1364+counsel and other competent attorneys as legal counsel for the
1365+commission. Each attorney so appointed shall be licensed to
1366+practice law in this state and be a member in good standing of
1367+the Alabama State Bar Association.
1368+(e) The director, commissioners, and all employees of
1369+the commission may not engage in partisan political activity,
1370+including making any campaign contribution, at the state,
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1399-hold contested case hearings regarding potential violations of
1400-this chapter, as further provided in Article 5.
1401-(9) Upon completion of an investigation and a hearing
1402-by the commission, make determinations whether violations of
1403-this chapter have occurred and impose civil penalties and
1404-restitution, if appropriate, issue private warnings or public
1405-reprimands, or enter into consent decrees, as further provided
1406-in this chapter.
1407-(10) Report suspected criminal violations to the
1408-Attorney General or the appropriate district attorney, as
1409-applicable, for further investigation and potential
1410-prosecution.
1411-(11) When in the commission's opinion a thorough audit
1412-of a governmental body should be conducted in order to
1413-determine whether this chapter has been violated, request the
1414-Department of Examiners of Public Accounts to have an audit
1415-made and a report filed with the commission. The Department of
1416-Examiners of Public Accounts, upon receipt of the directive,
1417-shall comply therewith.
1418-(12) At the close of each fiscal year, or as soon
1419-thereafter as practicable, report to the Legislature and the
1420-Governor concerning all official actions the commission has
1421-taken, the name, salary, and duties of the director, the names
1422-and duties of all individuals in its employ, the money it has
1423-disbursed, other relevant matters within its jurisdiction, and
1424-such recommendations for legislation as the commission deems
1425-appropriate. The commission shall post the report on the
1426-commission's website.
1427-(13) Adopt rules pursuant to the Alabama Administrative
1400+including making any campaign contribution, at the state,
1401+county, and local level, and may not make any public statement
1402+for a period of 120 days before an election about a candidate,
1403+regardless of whether or not a candidate has a matter pending
1404+before the commission, other than a comment directly relating
1405+to the final disposition of the matter. This subsection shall
1406+in no way limit or restrict an individual's ability to vote in
1407+any election.
1408+§36-25B-22 General Duties of Commission
1409+The commission shall do all of the following:
1410+(1) Inform and train public servants, candidates, and
1411+lobbyists of the ethics standards, reporting deadlines, and
1412+other requirements set forth in this chapter through regularly
1413+conducted and readily available educational programs and
1414+assist them in understanding and complying with those
1415+standards and requirements.
1416+(2) Prescribe forms for reports and statements that are
1417+required to be filed under this chapter, establish guidelines
1418+and requirements for filing the reports and statements, and
1419+make the forms, guidelines, and requirements available for
1420+public servants, lobbyists, principals, prohibited sources,
1421+and any other person as needed or required.
1422+(3) Upon written request, provide advice or opinions
1423+concerning proposed future conduct or action as it relates to
1424+this chapter in the form of either formal or informal
1425+opinions, as further provided in Section 36-25B-27.
1426+(4) Examine all reports and statements filed with the
1427+commission and identify any discernible errors, omissions, or
1428+other violations of the filing requirements established
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1457-(13) Adopt rules pursuant to the Alabama Administrative
1458-Procedures Act, as needed or required, to implement this
1459-chapter.
1460-§36-25B-23 Commission's Duties under the Fair Campaign
1461-Practices Act
1462-In addition to the duties set forth in Section
1463-36-25B-22, the commission shall coordinate with the Secretary
1464-of State to implement the reporting requirements of the
1465-Alabama Fair Campaign Practices Act, Chapter 5 of Title 17,
1466-and shall do all of the following:
1467-(1) Review and approve all forms created by the
1468-Secretary of State which are required by the Fair Campaign
1469-Practices Act prior to use and publication by the Secretary of
1470-State.
1471-(2) Recommend accounting methods for candidates,
1472-principal campaign committees, and political action committees
1473-in connection with reports and filings required by the Fair
1474-Campaign Practices Act.
1475-(3) Review and approve a retention policy created by
1476-the Secretary of State for all reports, filings, and
1477-underlying documentation required by the Fair Campaign
1478-Practices Act prior to use and publication by the Secretary of
1479-State.
1480-(4) Review and approve a manual created by the
1481-Secretary of State for all candidates, principal campaign
1482-committees, and political action committees describing the
1483-requirements of the Fair Campaign Practices Act prior to use
1484-and publication by the Secretary of State.
1485-(5) Upon written request, provide advice or opinions
1458+other violations of the filing requirements established
1459+pursuant to this chapter.
1460+(5) Provide public access to copies of all reports and
1461+statements filed with the commission pursuant to this chapter,
1462+including publicly posting the reports and statements,
1463+excluding information specifically required to be redacted
1464+pursuant to this chapter.
1465+(6) Maintain an official website that contains
1466+information as required pursuant to this chapter and other
1467+information as necessary to assist public servants, lobbyists,
1468+principals, prohibited sources, and other entities to comply
1469+with the requirements of this chapter while promoting
1470+transparency and public trust. Information posted on the
1471+commission's website shall be readily searchable and
1472+accessible to the public.
1473+(7) Accept and investigate written complaints made to
1474+the commission alleging violations of this chapter, as further
1475+provided in Section 36-25B-81.
1476+(8) Conduct full investigations and, if applicable,
1477+hold contested case hearings regarding potential violations of
1478+this chapter, as further provided in Article 5.
1479+(9) Upon completion of an investigation and a hearing
1480+by the commission, make determinations whether violations of
1481+this chapter have occurred and impose civil penalties and
1482+restitution, if appropriate, issue private warnings or public
1483+reprimands, or enter into consent decrees, as further provided
1484+in this chapter.
1485+(10) Report suspected criminal violations to the
1486+Attorney General or the appropriate district attorney, as
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1515-(5) Upon written request, provide advice or opinions
1516-concerning proposed future conduct or action as it relates to
1517-the Fair Campaign Practices Act in the form of either formal
1518-or informal opinions, as further provided in Section
1519-38-25B-27.
1520-(6) Conduct audits of any filings required under the
1521-Fair Campaign Practices Act if evidence exists that an audit
1522-is warranted because of the filing of a complaint pursuant to
1523-Section 36-25B-81 or if there exists a material discrepancy,
1524-error, omission, or conflict on the face of any filing
1525-required by the Fair Campaign Practices Act.
1526-(7) Accept and investigate written complaints made to
1527-the commission alleging violations of the Fair Campaign
1528-Practices Act, as further provided in Section 36-25B-81.
1529-(8) Conduct investigations and hold hearings regarding
1530-potential violations of the Fair Campaign Practices Act, as
1531-further provided in Article 5.
1532-(9) Upon completion of an investigation and hearing,
1533-make determinations whether probable cause exists that a
1534-criminal violation of the Fair Campaign Practices Act has
1535-likely occurred and if appropriate, refer the determination
1536-and all evidence and necessary information to the Attorney
1537-General or appropriate district attorney for further
1538-investigation and potential prosecution.
1539-(10) Upon completion of an investigation and a hearing,
1540-if applicable, in which the commission conducts an
1541-administrative review of the assessment of civil penalties
1542-under Section 17-5-19.2, affirm, set aside, or reduce civil
1543-penalties as provided in Section 17-5-19.2.
1516+Attorney General or the appropriate district attorney, as
1517+applicable, for further investigation and potential
1518+prosecution.
1519+(11) When in the commission's opinion a thorough audit
1520+of a governmental body should be conducted in order to
1521+determine whether this chapter has been violated, request the
1522+Department of Examiners of Public Accounts to have an audit
1523+made and a report filed with the commission. The Department of
1524+Examiners of Public Accounts, upon receipt of the directive,
1525+shall comply therewith.
1526+(12) At the close of each fiscal year, or as soon
1527+thereafter as practicable, report to the Legislature and the
1528+Governor concerning all official actions the commission has
1529+taken, the name, salary, and duties of the director, the names
1530+and duties of all individuals in its employ, the money it has
1531+disbursed, other relevant matters within its jurisdiction, and
1532+such recommendations for legislation as the commission deems
1533+appropriate. The commission shall post the report on the
1534+commission's website.
1535+(13) Adopt rules pursuant to the Alabama Administrative
1536+Procedures Act, as needed or required, to implement this
1537+chapter.
1538+§36-25B-23 Commission's Duties under the Fair Campaign
1539+Practices Act
1540+In addition to the duties set forth in Section
1541+36-25B-22, the commission shall coordinate with the Secretary
1542+of State to implement the reporting requirements of the
1543+Alabama Fair Campaign Practices Act, Chapter 5 of Title 17,
1544+and shall do all of the following:
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1573-penalties as provided in Section 17-5-19.2.
1574-§36-25B-24 Commission Funding
1575-(a) The Legislature shall appropriate to the commission
1576-such sums as it deems necessary for the commission to carry
1577-out the duties and functions required under this chapter.
1578-(b) Notwithstanding any other provision of law to the
1579-contrary, the annual appropriation to the commission in the
1580-State General Fund Appropriations Act shall not be less than
1581-one-tenth of one percent of the total State General Fund
1582-amount appropriated in the State General Fund Appropriations
1583-Act unless a lower appropriation amount is expressly approved
1584-by two-thirds of the membership of the House of
1585-Representatives and two-thirds of the membership of the
1586-Senate.
1587-(c) All fees, penalties, and fines collected by the
1588-commission pursuant to this chapter shall be deposited into
1589-the State General Fund.
1590-(d) All monies collected as reasonable payment of costs
1591-for copying, reproductions, publications, and lists shall be
1592-deemed a refund against disbursement and shall be deposited
1593-into the appropriate fund account for the use of the
1594-commission.
1595-§36-25B-25 Training
1596-(a) The commission shall conduct regularly scheduled
1597-training programs on the requirements and restrictions of this
1598-chapter as they specifically apply to public servants,
1599-lobbyists, prohibited sources, and other individuals and
1600-entities subject to this chapter. The commission shall
1601-establish a schedule for training programs that provides:
1574+and shall do all of the following:
1575+(1) Review and approve all forms created by the
1576+Secretary of State which are required by the Fair Campaign
1577+Practices Act prior to use and publication by the Secretary of
1578+State.
1579+(2) Recommend accounting methods for candidates,
1580+principal campaign committees, and political action committees
1581+in connection with reports and filings required by the Fair
1582+Campaign Practices Act.
1583+(3) Review and approve a retention policy created by
1584+the Secretary of State for all reports, filings, and
1585+underlying documentation required by the Fair Campaign
1586+Practices Act prior to use and publication by the Secretary of
1587+State.
1588+(4) Review and approve a manual created by the
1589+Secretary of State for all candidates, principal campaign
1590+committees, and political action committees describing the
1591+requirements of the Fair Campaign Practices Act prior to use
1592+and publication by the Secretary of State.
1593+(5) Upon written request, provide advice or opinions
1594+concerning proposed future conduct or action as it relates to
1595+the Fair Campaign Practices Act in the form of either formal
1596+or informal opinions, as further provided in Section
1597+38-25B-27.
1598+(6) Conduct audits of any filings required under the
1599+Fair Campaign Practices Act if evidence exists that an audit
1600+is warranted because of the filing of a complaint pursuant to
1601+Section 36-25B-81 or if there exists a material discrepancy,
1602+error, omission, or conflict on the face of any filing
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1631-establish a schedule for training programs that provides:
1632-(1) For members of the Legislature, in-person training
1633-not more than 65 days after the start of each quadrennium at a
1634-time agreeable to the director and the Legislative Council,
1635-and for any member whose service begins at a different time,
1636-in-person or online training not more than 60 days after being
1637-sworn into office.
1638-(2) For statewide constitutional officers, cabinet
1639-members, and executive staff, as determined by the Governor,
1640-in-person training not more than 30 days after the Governor
1641-has been sworn into office at a time determined by the
1642-Governor, and for any individual whose service begins at a
1643-different time, in-person or online training not more than 60
1644-days after beginning service.
1645-(3) For municipal mayors, council members and
1646-commissioners, county commissioners, and members of any local
1647-board of education, in-person or online training not more than
1648-60 days after the beginning of the term of office at times
1649-agreeable to the director and the Alabama League of
1650-Municipalities, the Association of County Commissions of
1651-Alabama, and the Alabama Association of School Boards, and for
1652-any such official whose service begins at a different time,
1653-in-person or online training not more than 60 days after being
1654-sworn into office.
1655-(4) For other public servants who are required to
1656-complete a statement of economic interests under Section
1657-36-25B-62, in-person or online training not more than 90 days
1658-after commencing public service.
1659-(5) For lobbyists, in-person or online training not
1632+error, omission, or conflict on the face of any filing
1633+required by the Fair Campaign Practices Act.
1634+(7) Accept and investigate written complaints made to
1635+the commission alleging violations of the Fair Campaign
1636+Practices Act, as further provided in Section 36-25B-81.
1637+(8) Conduct investigations and hold hearings regarding
1638+potential violations of the Fair Campaign Practices Act, as
1639+further provided in Article 5.
1640+(9) Upon completion of an investigation and hearing,
1641+make determinations whether probable cause exists that a
1642+criminal violation of the Fair Campaign Practices Act has
1643+likely occurred and if appropriate, refer the determination
1644+and all evidence and necessary information to the Attorney
1645+General or appropriate district attorney for further
1646+investigation and potential prosecution.
1647+(10) Upon completion of an investigation and a hearing,
1648+if applicable, in which the commission conducts an
1649+administrative review of the assessment of civil penalties
1650+under Section 17-5-19.2, affirm, set aside, or reduce civil
1651+penalties as provided in Section 17-5-19.2.
1652+§36-25B-24 Commission Funding
1653+(a) The Legislature shall appropriate to the commission
1654+such sums as it deems necessary for the commission to carry
1655+out the duties and functions required under this chapter.
1656+(b) Notwithstanding any other provision of law to the
1657+contrary, the annual appropriation to the commission in the
1658+State General Fund Appropriations Act shall not be less than
1659+one-tenth of one percent of the total State General Fund
1660+amount appropriated in the State General Fund Appropriations
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1689-(5) For lobbyists, in-person or online training not
1690-more than 30 days after submitting a lobbyists registration
1691-form under Section 36-25B-60.
1692-(b)(1) The director, in consultation with the legal
1693-counsel or agency head of the applicable governmental body,
1694-shall determine the subject matter to be covered in the
1695-training programs which shall be customized to address the
1696-relevant requirements, prohibitions, and restrictions as they
1697-apply to the various individuals listed in subsection (a). At
1698-a minimum, training shall include a review of the current law
1699-and formal advisory opinions and a discussion of relevant
1700-cases or scenarios.
1701-(2) Faculty for the training programs may include the
1702-staff of the commission, members of the faculties of the
1703-various law schools in the state, members of the press and
1704-media, and other individuals deemed appropriate by the
1705-director.
1706-(c) The director, by rule, shall determine the digital
1707-format of online training programs and for live, online
1708-training, the scheduled dates of the actual training. Evidence
1709-of completion of online training may be provided to the
1710-commission via an electronic reporting system provided on the
1711-commission's website.
1712-(d) The director may require additional training due to
1713-material changes in the requirements of this chapter.
1714-(e) The training for county commissioners required by
1715-subdivision (a)(3) may be satisfied by the successful
1716-completion of the 10-hour course on ethical requirements of
1717-public officials provided by the Alabama Local Government
1690+amount appropriated in the State General Fund Appropriations
1691+Act unless a lower appropriation amount is expressly approved
1692+by two-thirds of the membership of the House of
1693+Representatives and two-thirds of the membership of the
1694+Senate.
1695+(c) All fees, penalties, and fines collected by the
1696+commission pursuant to this chapter shall be deposited into
1697+the State General Fund.
1698+(d) All monies collected as reasonable payment of costs
1699+for copying, reproductions, publications, and lists shall be
1700+deemed a refund against disbursement and shall be deposited
1701+into the appropriate fund account for the use of the
1702+commission.
1703+§36-25B-25 Training
1704+(a) The commission shall conduct regularly scheduled
1705+training programs on the requirements and restrictions of this
1706+chapter as they specifically apply to public servants,
1707+lobbyists, prohibited sources, and other individuals and
1708+entities subject to this chapter. The commission shall
1709+establish a schedule for training programs that provides:
1710+(1) For members of the Legislature, in-person training
1711+not more than 65 days after the start of each quadrennium at a
1712+time agreeable to the director and the Legislative Council,
1713+and for any member whose service begins at a different time,
1714+in-person or online training not more than 60 days after being
1715+sworn into office.
1716+(2) For statewide constitutional officers, cabinet
1717+members, and executive staff, as determined by the Governor,
1718+in-person training not more than 30 days after the Governor
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1747-public officials provided by the Alabama Local Government
1748-Training Institute established pursuant to Article 2 of
1749-Chapter 3 of Title 11. The Alabama Local Government Training
1750-Institute shall provide in writing to the commission quarterly
1751-the names of those county commissioners completing the
1752-institute's program.
1753-(f) Attendance at any session of the training program
1754-shall be mandatory, except in the event the individual
1755-verifies he or she, in good faith, cannot or could not attend
1756-the training program. Any individual who fails to attend
1757-mandatory training or attend a mandatory makeup training
1758-session may be subject to a penalty.
1759-(g) This section shall not preclude the commission from
1760-enforcing this chapter, including imposing penalties, against
1761-any individual subject to this chapter prior to the individual
1762-attending a mandatory training program.
1763-§36-25B-26 Commission Website
1764-The commission shall provide on its official website
1765-all of the following:
1766-(1) A system for electronic filing of all statements,
1767-reports, registrations, and notices required by this chapter.
1768-The website shall include guidance on filing statements,
1769-reports, registrations, and notices, including reporting
1770-schedules.
1771-(2) A readily searchable electronic database accessible
1772-to the public which provides for search and retrieval of:
1773-a. All statements, registrations, reports, and other
1774-filings required by this chapter excluding information
1775-required to be redacted, searchable by the name of the filing
1748+in-person training not more than 30 days after the Governor
1749+has been sworn into office at a time determined by the
1750+Governor, and for any individual whose service begins at a
1751+different time, in-person or online training not more than 60
1752+days after beginning service.
1753+(3) For municipal mayors, council members and
1754+commissioners, county commissioners, and members of any local
1755+board of education, in-person or online training not more than
1756+60 days after the beginning of the term of office at times
1757+agreeable to the director and the Alabama League of
1758+Municipalities, the Association of County Commissions of
1759+Alabama, and the Alabama Association of School Boards, and for
1760+any such official whose service begins at a different time,
1761+in-person or online training not more than 60 days after being
1762+sworn into office.
1763+(4) For other public servants who are required to
1764+complete a statement of economic interests under Section
1765+36-25B-62, in-person or online training not more than 90 days
1766+after commencing public service.
1767+(5) For lobbyists, in-person or online training not
1768+more than 30 days after submitting a lobbyists registration
1769+form under Section 36-25B-60.
1770+(b)(1) The director, in consultation with the legal
1771+counsel or agency head of the applicable governmental body,
1772+shall determine the subject matter to be covered in the
1773+training programs which shall be customized to address the
1774+relevant requirements, prohibitions, and restrictions as they
1775+apply to the various individuals listed in subsection (a). At
1776+a minimum, training shall include a review of the current law
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1805-required to be redacted, searchable by the name of the filing
1806-party to which the filings pertain;
1807-b. In addition to paragraph a., lobbyist registrations
1808-must be searchable by the governmental body listed on the
1809-lobbyist registration pursuant to Section 36-25B-60(b)6.a.;
1810-c. In addition to paragraph a., prohibited source
1811-reports must be searchable by the recipient public servant
1812-listed on reports filed pursuant to Section 36-25B-61(b); and
1813-d. Formal advisory opinions and the core principles of
1814-informal advisory opinions, as further provided in Section
1815-36-25B-27.
1816-§36-25B-27 Advisory Opinions
1817-(a)(1) The commission shall issue formal advisory
1818-opinions, when requested, on the requirements of this chapter
1819-or the Fair Campaign Practices Act based on real or
1820-hypothetical sets of circumstances. Any person may submit a
1821-written request to the commission for a formal advisory
1822-opinion in a form prescribed by the commission. The director
1823-shall complete and publish a draft formal advisory opinion,
1824-and the draft must be published on the commission's website
1825-not less than seven days before the commissioners meet to take
1826-official action on the draft formal opinion. Any person may
1827-submit comments to the commission on the draft. All comments
1828-received more than 24 hours in advance of the meeting of the
1829-commissioners shall be distributed to the commissioners before
1830-the meeting.
1831-(2) Before taking effect, a formal advisory opinion
1832-must be adopted by a majority vote of the commissioners
1833-present at the official meeting of the commissioners. Once
1806+a minimum, training shall include a review of the current law
1807+and formal advisory opinions and a discussion of relevant
1808+cases or scenarios.
1809+(2) Faculty for the training programs may include the
1810+staff of the commission, members of the faculties of the
1811+various law schools in the state, members of the press and
1812+media, and other individuals deemed appropriate by the
1813+director.
1814+(c) The director, by rule, shall determine the digital
1815+format of online training programs and for live, online
1816+training, the scheduled dates of the actual training. Evidence
1817+of completion of online training may be provided to the
1818+commission via an electronic reporting system provided on the
1819+commission's website.
1820+(d) The director may require additional training due to
1821+material changes in the requirements of this chapter.
1822+(e) The training for county commissioners required by
1823+subdivision (a)(3) may be satisfied by the successful
1824+completion of the 10-hour course on ethical requirements of
1825+public officials provided by the Alabama Local Government
1826+Training Institute established pursuant to Article 2 of
1827+Chapter 3 of Title 11. The Alabama Local Government Training
1828+Institute shall provide in writing to the commission quarterly
1829+the names of those county commissioners completing the
1830+institute's program.
1831+(f) Attendance at any session of the training program
1832+shall be mandatory, except in the event the individual
1833+verifies he or she, in good faith, cannot or could not attend
1834+the training program. Any individual who fails to attend
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1863-present at the official meeting of the commissioners. Once
1864-adopted, the formal advisory opinion shall be promptly
1865-published on the commission's website.
1866-(3) The person at whose request the opinion was issued
1867-or any person in similar circumstances who may be affected by
1868-the formal advisory opinion may petition for reconsideration
1869-of a formal advisory opinion by submitting a written request
1870-in a form prescribed by the commission received no more than
1871-30 days after the date the commissioners voted to approve the
1872-formal advisory opinion.
1873-(4) A formal advisory opinion shall protect the person
1874-at whose request the opinion was issued and any other person
1875-reasonably relying in good faith on the advisory opinion in a
1876-materially like circumstance from liability to the state, a
1877-county, or a municipal subdivision of the state because of any
1878-action performed or action refrained from in reliance on the
1879-advisory opinion.
1880-(5) Except as provided in subdivision (6), formal
1881-advisory opinions shall be deemed valid until expressly
1882-overruled or altered by the commission or a court of competent
1883-jurisdiction.
1884-(6)a. On and after December 1, 2025, any formal
1885-advisory opinion issued before June 1, 2025, is void unless an
1886-individual has requested the continuance of an advisory
1887-opinion and the commission has affirmatively decided to uphold
1888-that opinion. Any action or course of action taken prior to
1889-December 1, 2025 that is in reliance on an advisory opinion
1890-issued by the commission prior to June 1, 2025, shall protect
1891-the person relying on the advisory opinion in accordance with
1864+the training program. Any individual who fails to attend
1865+mandatory training or attend a mandatory makeup training
1866+session may be subject to a penalty.
1867+(g) This section shall not preclude the commission from
1868+enforcing this chapter, including imposing penalties, against
1869+any individual subject to this chapter prior to the individual
1870+attending a mandatory training program.
1871+§36-25B-26 Commission Website
1872+The commission shall provide on its official website
1873+all of the following:
1874+(1) A system for electronic filing of all statements,
1875+reports, registrations, and notices required by this chapter.
1876+The website shall include guidance on filing statements,
1877+reports, registrations, and notices, including reporting
1878+schedules.
1879+(2) A readily searchable electronic database accessible
1880+to the public which provides for search and retrieval of:
1881+a. All statements, registrations, reports, and other
1882+filings required by this chapter excluding information
1883+required to be redacted, searchable by the name of the filing
1884+party to which the filings pertain;
1885+b. In addition to paragraph a., lobbyist registrations
1886+must be searchable by the governmental body listed on the
1887+lobbyist registration pursuant to Section 36-25B-60(b)6.a.;
1888+c. In addition to paragraph a., prohibited source
1889+reports must be searchable by the recipient public servant
1890+listed on reports filed pursuant to Section 36-25B-61(b); and
1891+d. Formal advisory opinions and the core principles of
1892+informal advisory opinions, as further provided in Section
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19171918 922
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1921-the person relying on the advisory opinion in accordance with
1922-this section.
1923-b. Paragraph a. does not apply to or have any impact on
1924-advisory opinions or portions of advisory opinions pertaining
1925-to the laws and requirements of the Fair Campaign Practices
1926-Act.
1927-(b)(1) Upon receiving a written request, the director
1928-or general counsel of the commission may issue an informal
1929-advisory opinion on the requirements of this chapter or the
1930-Fair Campaign Practices Act based on a real or hypothetical
1931-set of circumstances.
1932-(2) An informal advisory opinion is prospective and
1933-shall be based on the facts presented, but does not have the
1934-force and effect of a formal advisory opinion, nor does an
1935-informal advisory opinion provide legal immunity to the
1936-requesting person. However, there shall be a rebuttable
1937-presumption that a requesting person who acts in conformance
1938-with an informal advisory opinion intended to comply with this
1939-chapter or the Fair Campaign Practices Act and at a minimum,
1940-shall be a mitigating factor.
1941-(3) Except as provided in subdivision (4), the
1942-commissioners, director, and employees of the commission shall
1943-keep confidential the existence of an informal advisory
1944-opinion and the opinion itself along with the underlying
1945-request, unless expressly waived by the person requesting the
1946-opinion.
1947-(4) Not later than 30 days after each calendar quarter,
1948-the commission shall summarize and publish on its website in a
1949-readily searchable manner the core principles articulated by
1922+informal advisory opinions, as further provided in Section
1923+36-25B-27.
1924+§36-25B-27 Advisory Opinions
1925+(a)(1) The commission shall issue formal advisory
1926+opinions, when requested, on the requirements of this chapter
1927+or the Fair Campaign Practices Act based on real or
1928+hypothetical sets of circumstances. Any person may submit a
1929+written request to the commission for a formal advisory
1930+opinion in a form prescribed by the commission. The director
1931+shall complete and publish a draft formal advisory opinion,
1932+and the draft must be published on the commission's website
1933+not less than seven days before the commissioners meet to take
1934+official action on the draft formal opinion. Any person may
1935+submit comments to the commission on the draft. All comments
1936+received more than 24 hours in advance of the meeting of the
1937+commissioners shall be distributed to the commissioners before
1938+the meeting.
1939+(2) Before taking effect, a formal advisory opinion
1940+must be adopted by a majority vote of the commissioners
1941+present at the official meeting of the commissioners. Once
1942+adopted, the formal advisory opinion shall be promptly
1943+published on the commission's website.
1944+(3) The person at whose request the opinion was issued
1945+or any person in similar circumstances who may be affected by
1946+the formal advisory opinion may petition for reconsideration
1947+of a formal advisory opinion by submitting a written request
1948+in a form prescribed by the commission received no more than
1949+30 days after the date the commissioners voted to approve the
1950+formal advisory opinion.
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19731974 948
19741975 949
19751976 950
19761977 951
1977-952 HB227 Engrossed
1978+952 HB227 INTRODUCED
19781979 Page 35
1979-readily searchable manner the core principles articulated by
1980-the commission in the informal advisory opinions issued during
1981-the previous calendar year. These principles shall be written
1982-in a manner that does not reveal the identity of the requester
1983-and any other person mentioned in the informal advisory
1984-opinion and that does not allow members of the public to
1985-otherwise ascertain the identities of these persons.
1986-(c) The commission's decision not to issue a formal or
1987-informal advisory opinion does not create any presumption as
1988-to whether the action upon which the request for an advisory
1989-opinion was based does or does not violate this chapter or the
1990-Fair Campaign Practices Act.
1991-(d) The commission may issue formal and informal
1992-advisory opinions only if requested to do so in writing by a
1993-person who is not a commissioner or employee of the
1994-commission.
1995-Article 3. Restricted and Prohibited Acts
1996-§36-25B-40 Conflict of Interest
1997-(a) Consistent with the Constitution of Alabama of
1998-2022, a member of the Legislature may not sponsor or vote on
1999-any legislation when the member knows or reasonably should
2000-know that:
2001-(1) He or she has a conflict of interest; or
2002-(2) By sponsoring or voting on the legislation, he or
2003-she would materially and uniquely benefit a business client
2004-and increase his or her economic value to the client.
2005-(b) Except as otherwise provided by law, a public
2006-servant may not take official action on a particular matter
2007-when the public servant knows or reasonably should know he or
1980+formal advisory opinion.
1981+(4) A formal advisory opinion shall protect the person
1982+at whose request the opinion was issued and any other person
1983+reasonably relying in good faith on the advisory opinion in a
1984+materially like circumstance from liability to the state, a
1985+county, or a municipal subdivision of the state because of any
1986+action performed or action refrained from in reliance on the
1987+advisory opinion.
1988+(5) Except as provided in subdivision (6), formal
1989+advisory opinions shall be deemed valid until expressly
1990+overruled or altered by the commission or a court of competent
1991+jurisdiction.
1992+(6) On and after December 1, 2025, any formal advisory
1993+opinion issued before June 1, 2025, is void unless an
1994+individual has requested the continuance of an advisory
1995+opinion and the commission has affirmatively decided to uphold
1996+that opinion. Any action or course of action taken prior to
1997+December 1, 2025 that is in reliance on an advisory opinion
1998+issued by the commission prior to June 1, 2025, shall protect
1999+the person relying on the advisory opinion in accordance with
2000+this section.
2001+(b)(1) Upon receiving a written request, the director
2002+or general counsel of the commission may issue an informal
2003+advisory opinion on the requirements of this chapter or the
2004+Fair Campaign Practices Act based on a real or hypothetical
2005+set of circumstances.
2006+(2) An informal advisory opinion is prospective and
2007+shall be based on the facts presented, but does not have the
2008+force and effect of a formal advisory opinion, nor does an
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20362037 Page 36
2037-when the public servant knows or reasonably should know he or
2038-she has a conflict of interest.
2039-(c)(1) In addition to any other penalty provided for in
2040-Section 36-25B-88, a public servant who violates this section
2041-shall be subject to a civil penalty up to three times the
2042-economic gain to the public servant.
2043-(2) For a second or subsequent offense, in addition to
2044-the penalty in subdivision (1), the commission shall promptly
2045-notify the Attorney General or the appropriate district
2046-attorney and provide all evidence obtained by, or in the
2047-possession of, the commission. In addition, the commission may
2048-notify the appropriate public servant or governmental body who
2049-has authority to discipline or remove the public servant from
2050-office or employment.
2051-§36-25B-41 Steering Contracts or Business Prohibited
2052-(a) A public servant may not approve, direct, vote for,
2053-or otherwise influence or attempt to influence any official
2054-action of the public servant's governmental body to direct or
2055-steer contracts, grants, awards, or financial business from
2056-the public servant's governmental body to any person if the
2057-public servant knows or should know that the contract, grant,
2058-award, or financial business would directly benefit the public
2059-servant, an associated business of the public servant, or any
2060-family member of the public servant. For purposes of this
2061-section only, "family member" means a child, parent, sibling,
2062-grandchild, grandparent, aunt, uncle, niece, nephew, cousin,
2063-or spouse, or the child, parent, or sibling of the spouse.
2064-(b)(1) In addition to any other penalty provided for in
2065-Section 36-25B-88, a public servant who violates this section
2038+force and effect of a formal advisory opinion, nor does an
2039+informal advisory opinion provide legal immunity to the
2040+requesting person. However, there shall be a rebuttable
2041+presumption that a requesting person who acts in conformance
2042+with an informal advisory opinion intended to comply with this
2043+chapter or the Fair Campaign Practices Act and at a minimum,
2044+shall be a mitigating factor.
2045+(3) Except as provided in subdivision (4), the
2046+commissioners, director, and employees of the commission shall
2047+keep confidential the existence of an informal advisory
2048+opinion and the opinion itself along with the underlying
2049+request, unless expressly waived by the person requesting the
2050+opinion.
2051+(4) Not later than 30 days after each calendar quarter,
2052+the commission shall summarize and publish on its website in a
2053+readily searchable manner the core principles articulated by
2054+the commission in the informal advisory opinions issued during
2055+the previous calendar year. These principles shall be written
2056+in a manner that does not reveal the identity of the requester
2057+and any other person mentioned in the informal advisory
2058+opinion and that does not allow members of the public to
2059+otherwise ascertain the identities of these persons.
2060+(c) The commission's decision not to issue a formal or
2061+informal advisory opinion does not create any presumption as
2062+to whether the action upon which the request for an advisory
2063+opinion was based does or does not violate this chapter or the
2064+Fair Campaign Practices Act.
2065+(d) The commission may issue formal and informal
2066+advisory opinions only if requested to do so in writing by a
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2095-Section 36-25B-88, a public servant who violates this section
2096-shall be subject to a civil penalty up to three times the
2097-economic gain to the public servant, associated business, or
2098-family member.
2099-(2) For a second or subsequent offense, in addition to
2100-the penalty in subdivision (1), the commission shall promptly
2101-notify the Attorney General or the appropriate district
2102-attorney and provide all evidence obtained by, or in the
2103-possession of, the commission. In addition, the commission may
2104-notify the appropriate public servant or governmental body who
2105-has authority to discipline or remove the public servant from
2106-office or employment.
2107-§36-25B-42 Gift Ban
2108-(a)(1) A public servant may not solicit or accept a
2109-gift from any person the public servant knows or should know
2110-is a prohibited source.
2111-(2) Any person who knows or should know that he or she
2112-is a prohibited source may not offer or provide a gift to a
2113-public servant or any person closely associated with a public
2114-servant.
2115-(b) Notwithstanding subsection (a), a prohibited source
2116-may make payment of or reimbursement for actual and necessary
2117-registration and travel expenses, including reasonable food,
2118-beverages, hospitality, and lodging expenses incurred by
2119-attendance by a public servant and his or her family members
2120-at:
2121-(1) An educational function of which the prohibited
2122-source is a sponsor, provided the expenses are reported to the
2123-commission in accordance with Section 36-25B-61. For purposes
2096+advisory opinions only if requested to do so in writing by a
2097+person who is not a commissioner or employee of the
2098+commission.
2099+Article 3. Restricted and Prohibited Acts
2100+§36-25B-40 Conflict of Interest
2101+(a) Consistent with the Constitution of Alabama of
2102+2022, a member of the Legislature may not sponsor or vote on
2103+any legislation when the member knows or reasonably should
2104+know that he or she has a conflict of interest.
2105+(b) Except as otherwise provided by law, a public
2106+servant may not take official action on a particular matter
2107+when the public servant knows or reasonably should know he or
2108+she has a conflict of interest.
2109+(c)(1) In addition to any other penalty provided for in
2110+Section 36-25B-88, a public servant or former public servant
2111+who violates this section shall be subject to a civil penalty
2112+up to three times the economic gain to the public servant.
2113+(2) For a subsequent offense, there shall be a
2114+rebuttable presumption the public servant committed a criminal
2115+act under Article 3 of Chapter 10 of Title 13A, and the
2116+commission shall promptly notify the Attorney General or the
2117+appropriate district attorney and provide all evidence
2118+obtained by, or in the possession of, the commission. In
2119+addition, the commission may notify the appropriate public
2120+servant or governmental body who has authority to discipline
2121+or remove the public servant from office or employment.
2122+§36-25B-41 Steering Contracts or Business Prohibited
2123+(a) A public servant may not approve, direct, vote for,
2124+or otherwise influence or attempt to influence any official
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2152+1036 HB227 INTRODUCED
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2153-commission in accordance with Section 36-25B-61. For purposes
2154-of this subdivision, "educational function" means a meeting,
2155-event, or activity that is organized around a formal program
2156-or agenda of educational or informational speeches, debates,
2157-panel discussions, or other presentations concerning matters
2158-within the scope of the participant's official duties or other
2159-matters of public policy.
2160-(2) An economic development function of which the
2161-prohibited source is a sponsor. For purposes of this
2162-subdivision, "economic development function" means any
2163-function reasonably and directly related to the advancement of
2164-a specific, good-faith economic development or trade promotion
2165-project or objective.
2166-(3) Any event of which a prohibited source is a sponsor
2167-where the public servant's attendance at the event is
2168-appropriate to the performance of his or her official duties
2169-or representative function, provided the expenses are reported
2170-to the commission in accordance with Section 36-25B-61.
2171-(c) Notwithstanding subsection (a), food, beverages,
2172-and hospitality may be provided by a prohibited source and
2173-accepted by a public servant and his or her family members in
2174-the following conditions, provided the event details are
2175-reported to the commission in accordance with Section
2176-36-25B-61:
2177-(1) At a reception or similar event other than in the
2178-form of a seated meal, at which it is reasonably expected that
2179-more than 25 individuals will attend.
2180-(2) At a seated meal of mutual interest to a number of
2181-parties at which it is reasonably expected that more than 12
2154+or otherwise influence or attempt to influence any official
2155+action of the public servant's governmental body to direct or
2156+steer contracts, grants, awards, or financial business from
2157+the public servant's governmental body to any person if the
2158+public servant knows or should know that the contract, grant,
2159+award, or financial business would directly benefit the public
2160+servant, an associated business of the public servant, or any
2161+family member of the public servant. For purposes of this
2162+section only, "family member" means an individual within the
2163+third degree of consanguinity or second degree of affinity.
2164+(b)(1) In addition to any other penalty provided for in
2165+Section 36-25B-88, a public servant who violates this section
2166+shall be subject to a civil penalty up to three times the
2167+economic gain to the public servant, associated business, or
2168+family member.
2169+(2) For a subsequent offense, there shall be a
2170+rebuttable presumption the public servant committed a criminal
2171+act under Article 3 of Chapter 10 of Title 13A, and the
2172+commission shall promptly notify the Attorney General or the
2173+appropriate district attorney and provide all evidence
2174+obtained by, or in the possession of, the commission. In
2175+addition, the commission may notify the appropriate public
2176+servant or governmental body who has authority to discipline
2177+or remove the public servant from office or employment.
2178+§36-25B-42 Gift Ban
2179+(a)(1) A public servant may not solicit or accept a
2180+gift from any person the public servant knows or should know
2181+is a prohibited source.
2182+(2) Any person who knows or should know that he or she
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22102211 Page 39
2211-parties at which it is reasonably expected that more than 12
2212-individuals will attend and that individuals with a diversity
2213-of views or interests will be present.
2214-(3) At an event where all members of the Legislature, a
2215-local legislative body, a legislative caucus registered under
2216-Chapter 5 of Title 17, or a legislative committee are invited
2217-or are eligible to register for the event.
2218-(d) It is not a violation of this section in either of
2219-the following circumstances:
2220-(1) The gift is offered or provided as the result of a
2221-familial relationship, unless the circumstances make it clear
2222-that the gift is not motivated by the familial relationship
2223-and that the gift is intended to substantially influence the
2224-recipient's official activities.
2225-(2) The gift is offered or provided as the result of a
2226-friendship, unless the circumstances make it clear that the
2227-gift is not motivated by the friendship and that the gift is
2228-intended to substantially influence the recipient's official
2229-activities.
2230-(e) A person who violates this section shall be subject
2231-to the following penalties:
2232-(1) For a first offense, a civil penalty of no more
2233-than two times the value of the gift. In lieu of a civil
2234-penalty, the commission may issue a public reprimand for a
2235-first time violation if the commission determines the person
2236-did not know the value of the gift was more than one hundred
2237-dollars ($100).
2238-(2) For a second offense, a civil penalty of three
2239-times the value of the gift.
2212+(2) Any person who knows or should know that he or she
2213+is a prohibited source may not offer or provide a gift to a
2214+public servant or any person closely associated with a public
2215+servant.
2216+(b) Notwithstanding subsection (a), a prohibited source
2217+may make payment of or reimbursement for actual and necessary
2218+registration and travel expenses, including reasonable food,
2219+beverages, hospitality, and lodging expenses incurred by
2220+attendance by a public servant and his or her family members
2221+at:
2222+(1) An educational function of which the prohibited
2223+source is a sponsor, provided the expenses are reported to the
2224+commission in accordance with Section 36-25B-61. For purposes
2225+of this subdivision, "educational function" means a meeting,
2226+event, or activity that is organized around a formal program
2227+or agenda of educational or informational speeches, debates,
2228+panel discussions, or other presentations concerning matters
2229+within the scope of the participant's official duties or other
2230+matters of public policy.
2231+(2) An economic development function of which the
2232+prohibited source is a sponsor. For purposes of this
2233+subdivision, "economic development function" means any
2234+function reasonably and directly related to the advancement of
2235+a specific, good-faith economic development or trade promotion
2236+project or objective.
2237+(3) Any event of which a prohibited source is a sponsor
2238+where the public servant's attendance at the event is
2239+appropriate to the performance of his or her official duties
2240+or representative function, provided the expenses are reported
22402241 1065
22412242 1066
22422243 1067
22432244 1068
22442245 1069
22452246 1070
22462247 1071
22472248 1072
22482249 1073
22492250 1074
22502251 1075
22512252 1076
22522253 1077
22532254 1078
22542255 1079
22552256 1080
22562257 1081
22572258 1082
22582259 1083
22592260 1084
22602261 1085
22612262 1086
22622263 1087
22632264 1088
22642265 1089
22652266 1090
22662267 1091
2267-1092 HB227 Engrossed
2268+1092 HB227 INTRODUCED
22682269 Page 40
2269-times the value of the gift.
2270-(3) For a third or subsequent offense, a civil penalty
2271-of five times the value of the gift and the commission shall
2272-promptly notify the Attorney General or the appropriate
2273-district attorney and provide all evidence obtained by, or in
2274-the possession of, the commission. In addition, the commission
2275-may notify the appropriate public servant or governmental body
2276-that has authority to discipline or remove the public servant
2277-from office or employment.
2278-(f) The commission shall adopt rules to do both of the
2279-following:
2280-(1) Provide guidance on what constitutes hospitality
2281-for purposes of this section.
2282-(2) Allow for, but not require, pre-certification of
2283-events and activities described in subsections (b) and (c).
2284-§36-25B-43 Solicitation of Subordinates Prohibited
2285-Other than in the ordinary course of business, a
2286-supervisor of any governmental body may not solicit a gift
2287-from a subordinate.
2288-§36-25B-44 Charitable Fundraising
2289-Nothing in this article prohibits a public servant or
2290-his or her family member, regardless of whether he or she
2291-serves on the board of directors of the nonprofit entity, from
2292-conducting fundraising activities for a nonprofit entity,
2293-which may include soliciting monetary donations or other items
2294-from prohibited sources, provided, (i) the public servant is
2295-not acting in his or her official capacity, (ii) the public
2296-servant or a person closely associated with the public servant
2297-will not receive any personal financial benefit from the
2270+or representative function, provided the expenses are reported
2271+to the commission in accordance with Section 36-25B-61.
2272+(c) Notwithstanding subsection (a), food, beverages,
2273+and hospitality may be provided by a prohibited source and
2274+accepted by a public servant and his or her family members in
2275+the following conditions, provided the expenses are reported
2276+to the commission in accordance with Section 36-25B-61:
2277+(1) At a reception or similar event other than in the
2278+form of a seated meal, at which it is reasonably expected that
2279+more than 25 individuals will attend.
2280+(2) At a seated meal of mutual interest to a number of
2281+parties at which it is reasonably expected that more than 12
2282+individuals will attend and that individuals with a diversity
2283+of views or interests will be present.
2284+(3) At an event where all members of the Legislature, a
2285+local legislative body, a legislative caucus registered under
2286+Chapter 5 of Title 17, or a legislative committee are invited.
2287+(d) It is not a violation of this section in either of
2288+the following circumstances:
2289+(1) The gift is offered or provided as the result of a
2290+familial relationship, unless the circumstances make it clear
2291+that the gift is not motivated by the familial relationship
2292+and that the gift is intended to substantially influence the
2293+recipient's official activities.
2294+(2) The gift is offered or provided as the result of a
2295+friendship, unless the circumstances make it clear that the
2296+gift is not motivated by the friendship and that the gift is
2297+intended to substantially influence the recipient's official
2298+activities.
22982299 1093
22992300 1094
23002301 1095
23012302 1096
23022303 1097
23032304 1098
23042305 1099
23052306 1100
23062307 1101
23072308 1102
23082309 1103
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23102311 1105
23112312 1106
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23162317 1111
23172318 1112
23182319 1113
23192320 1114
23202321 1115
23212322 1116
23222323 1117
23232324 1118
23242325 1119
2325-1120 HB227 Engrossed
2326+1120 HB227 INTRODUCED
23262327 Page 41
2327-will not receive any personal financial benefit from the
2328-fundraising activities, and (iii) no public resources are used
2329-to conduct the fundraising activities, except as authorized by
2330-law or agency policy.
2331-§36-25B-45 Outside Employment
2332-Nothing in this article prohibits or restricts an
2333-individual appointed or elected to public office, once taking
2334-office, from continuing to engage in outside employment in his
2335-or her profession or skill. The mere fact that a public
2336-official's compensation in his or her outside employment
2337-increases while the public official is in office does not
2338-create a presumption that the increase is related to or on
2339-account of his or her official office or position.
2340-§36-25B-46 Elected Officials Prohibited from Lobbying
2341-(a)(1) A public official elected or appointed to a
2342-state office or a member of the Legislature, while holding
2343-office, may not serve as a lobbyist before any governmental
2344-body.
2345-(2) Nothing in this subsection shall be construed to
2346-prohibit a public official from engaging, while in office, in
2347-outside employment in his or her profession or field of
2348-expertise, including representing a client before a
2349-governmental body of which the public official is not a
2350-member, provided such engagement is not related to his or her
2351-official duties.
2352-(3) This subsection shall not be construed to prohibit
2353-a public official elected or appointed to a state office or a
2354-member of the Legislature from performing his or her official
2355-duties or responsibilities.
2328+activities.
2329+(e) A person who violates this section shall be subject
2330+to the following penalties:
2331+(1) For a first offense, a civil penalty of no more
2332+than two times the value of the gift. In lieu of a civil
2333+penalty, the commission may issue a public reprimand for a
2334+first time violation if the commission determines the person
2335+did not know the value of the gift was more than one hundred
2336+dollars ($100).
2337+(2) For a second offense, a civil penalty of three
2338+times the value of the gift.
2339+(3) For a third offense, a civil penalty of five times
2340+the value of the gift.
2341+(4) For a subsequent offense, there shall be a
2342+rebuttable presumption the person committed a criminal act
2343+under Article 3 of Chapter 10 of Title 13A, and the commission
2344+shall promptly notify the Attorney General or the appropriate
2345+district attorney and provide all evidence obtained by, or in
2346+the possession of, the commission. In addition, the commission
2347+may notify the appropriate public servant or governmental body
2348+that has authority to discipline or remove the public servant
2349+from office or employment.
2350+(f) The commission shall adopt rules to do both of the
2351+following:
2352+(1) Provide guidance on what constitutes hospitality
2353+for purposes of this section.
2354+(2) Allow for, but not require, pre-certification of
2355+events and activities described in subsections (b) and (c).
2356+§36-25B-43 Solicitation of Subordinates Prohibited
23562357 1121
23572358 1122
23582359 1123
23592360 1124
23602361 1125
23612362 1126
23622363 1127
23632364 1128
23642365 1129
23652366 1130
23662367 1131
23672368 1132
23682369 1133
23692370 1134
23702371 1135
23712372 1136
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23762377 1141
23772378 1142
23782379 1143
23792380 1144
23802381 1145
23812382 1146
23822383 1147
2383-1148 HB227 Engrossed
2384+1148 HB227 INTRODUCED
23842385 Page 42
2385-duties or responsibilities.
2386-(b)(1) A public official elected or appointed to a
2387-county or municipal office, while holding office, may not
2388-serve as a lobbyist before any governmental body within the
2389-geographical jurisdiction of the county or municipal office
2390-for which the public official is serving.
2386+§36-25B-43 Solicitation of Subordinates Prohibited
2387+Other than in the ordinary course of business, a
2388+supervisor of any governmental body may not solicit a gift
2389+from a subordinate.
2390+§36-25B-44 Charitable Fundraising
2391+Nothing in this article prohibits a public servant or
2392+his or her family member, regardless of whether he or she
2393+serves on the board of directors of the nonprofit entity, from
2394+conducting fundraising activities for a nonprofit entity,
2395+which may include soliciting monetary donations or other items
2396+from prohibited sources, provided, (i) the public servant is
2397+not acting in his or her official capacity, and (ii) the
2398+public servant or a person closely associated with the public
2399+servant will not receive any personal financial benefit from
2400+the fundraising activities.
2401+§36-25B-45 Outside Employment
2402+Nothing in this article prohibits or restricts a public
2403+official, once taking office, from continuing to engage in
2404+outside employment in his or her profession or skill. The mere
2405+fact that a public official's compensation in his or her
2406+outside employment increases while the public official is in
2407+office does not create a presumption that the increase is
2408+related to or on account of his or her official office or
2409+position.
2410+§36-25B-46 Elected Officials Prohibited from Lobbying
2411+(a)(1) An individual elected to a statewide office or a
2412+member of the Legislature, while holding office, may not serve
2413+as a lobbyist before any governmental body.
23912414 (2) Nothing in this subsection shall be construed to
2392-prohibit a public official from engaging, while in office, in
2393-outside employment in his or her profession or field of
2394-expertise, including representing a client before a
2395-governmental body of which the public official is not a
2396-member, provided such engagement is not related to his or her
2397-official duties.
2398-(3) This subsection shall not be construed to prohibit
2399-a public official elected or appointed to a county or
2400-municipal office from performing his or her official duties or
2401-responsibilities.
2402-(c)(1) A public official who violates this section
2403-shall be subject to a civil penalty up to or commensurate with
2404-the economic gain to the public official.
2405-(2) For a second or subsequent offense, in addition to
2406-the penalty in subdivision (1), the commission shall promptly
2407-notify the Attorney General or the appropriate district
2408-attorney and provide all evidence obtained by, or in the
2409-possession of, the commission. In addition, the commission may
2410-notify the appropriate public servant or governmental body who
2411-has authority to discipline or remove the public servant from
2412-office or employment.
2413-§36-25B-47 Revolving Door Prohibitions
24142415 1149
24152416 1150
24162417 1151
24172418 1152
24182419 1153
24192420 1154
24202421 1155
24212422 1156
24222423 1157
24232424 1158
24242425 1159
24252426 1160
24262427 1161
24272428 1162
24282429 1163
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24302431 1165
24312432 1166
24322433 1167
24332434 1168
24342435 1169
24352436 1170
24362437 1171
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24382439 1173
24392440 1174
24402441 1175
2441-1176 HB227 Engrossed
2442+1176 HB227 INTRODUCED
24422443 Page 43
2443-§36-25B-47 Revolving Door Prohibitions
2444-(a) An appointed public official, for a period of two
2445-years after leaving service, may not serve as a lobbyist
2446-before the governmental body for which he or she had served.
2447-(b) An elected public official, for a period of two
2448-years after leaving service or the expiration of the term to
2449-which he or she was elected, whichever is longer, may not
2450-serve as a lobbyist before the governmental body for which he
2451-or she had served.
2452-(c) A public employee or an individual who works for a
2453-governmental body pursuant to a consulting agreement, agency
2454-transfer, loan, or similar arrangement, for a period of two
2455-years after leaving the employment or other arrangement, may
2456-not serve as a lobbyist before the governmental body for which
2457-he or she had worked.
2458-(d) A public servant who has authority over
2459-procurements or who recommends or materially influences the
2460-approval of grants, awards, or contracts for goods or
2461-services, for a period of two years after leaving service or
2462-employment, may not:
2463-(1) Enter into, solicit, or negotiate a grant, award,
2464-or contract for goods or services with the governmental body
2465-for which he or she had served or worked; and
2466-(2) Accept employment or enter into a consulting
2467-agreement with a business that received a grant, award, or
2468-contract for goods or services with the governmental body for
2469-which he or she had served or worked within the preceding two
2470-years, if the public servant actually recommended or
2471-materially influenced the approval of the grant, award, or
2444+(2) Nothing in this subsection shall be construed to
2445+prohibit an elected public official from engaging, while in
2446+office, in outside employment in his or her profession or
2447+field of expertise, including representing a client before a
2448+governmental body of which the public official is not a
2449+member, provided such engagement is not related to his or her
2450+official duties.
2451+(3) This subsection shall not be construed to prohibit
2452+an individual elected to a statewide office or a member of the
2453+Legislature from performing his or her official duties or
2454+responsibilities.
2455+(b)(1) An individual elected to a county or municipal
2456+office, while holding office, may not serve as a lobbyist
2457+before any governmental body within the geographical
2458+jurisdiction of the county or municipal office for which the
2459+public official is serving.
2460+(2) This subsection shall not be construed to prohibit
2461+an individual elected to a county or municipal office from
2462+performing his or her official duties or responsibilities.
2463+(c)(1) A public official who violates this section
2464+shall be subject to a civil penalty up to or commensurate with
2465+the economic gain to the public official.
2466+(2) For a subsequent offense, there shall be a
2467+rebuttable presumption the public official committed a
2468+criminal act under Article 3 of Chapter 10 of Title 13A, and
2469+the commission shall promptly notify the Attorney General or
2470+the appropriate district attorney and provide all evidence
2471+obtained by, or in the possession of, the commission. In
2472+addition, the commission may notify the appropriate public
24722473 1177
24732474 1178
24742475 1179
24752476 1180
24762477 1181
24772478 1182
24782479 1183
24792480 1184
24802481 1185
24812482 1186
24822483 1187
24832484 1188
24842485 1189
24852486 1190
24862487 1191
24872488 1192
24882489 1193
24892490 1194
24902491 1195
24912492 1196
24922493 1197
24932494 1198
24942495 1199
24952496 1200
24962497 1201
24972498 1202
24982499 1203
2499-1204 HB227 Engrossed
2500+1204 HB227 INTRODUCED
25002501 Page 44
2501-materially influenced the approval of the grant, award, or
2502-contract.
2503-(e) A public servant who personally participates in the
2504-direct regulation, audit, or investigation of a business, for
2505-a period of two years after leaving service or employment, may
2506-not solicit or accept employment or enter into a consulting
2507-agreement with that business.
2508-(f) Nothing in this section shall limit or prohibit any
2509-of the following:
2510-(1) A former public employee from resuming employment
2511-with his or her former employer, unless otherwise restricted
2512-or prohibited by law.
2513-(2) A former public employee from entering into a
2514-consulting agreement with his or her former employer to
2515-personally provide consulting services, unless otherwise
2516-restricted or prohibited by law.
2517-(3) A public official or public employee from accepting
2518-employment with another governmental body or another
2519-department within the same governmental body and from
2520-representing the interests of his or her public employer
2502+addition, the commission may notify the appropriate public
2503+servant or governmental body who has authority to discipline
2504+or remove the public servant from office or employment.
2505+§36-25B-47 Revolving Door Prohibitions
2506+(a) An appointed public official, for a period of two
2507+years after leaving service, may not serve as a lobbyist
25212508 before the governmental body for which he or she had served.
2522-(g)(1) A public servant or former public servant who
2523-violates this section shall immediately cease from engaging in
2524-the prohibited activity and shall be subject to a civil
2525-penalty up to or commensurate with the economic gain to the
2526-public servant.
2527-(2) For a second or subsequent offense, in addition to
2528-the penalty in subdivision (1), the commission shall promptly
2529-notify the Attorney General or the appropriate district
2509+(b) An elected public official, for a period of two
2510+years after leaving service or the expiration of the term to
2511+which he or she was elected, whichever is longer, may not
2512+serve as a lobbyist before the governmental body for which he
2513+or she had served.
2514+(c) A public employee or an individual who works for a
2515+governmental body pursuant to a consulting agreement, agency
2516+transfer, loan, or similar arrangement, for a period of two
2517+years after leaving the employment or other arrangement, may
2518+not serve as a lobbyist before the governmental body for which
2519+he or she had worked.
2520+(d) A public servant who has authority over
2521+procurements or who recommends or materially influences the
2522+approval of grants, awards, or contracts for goods or
2523+services, for a period of two years after leaving service or
2524+employment, may not:
2525+(1) Enter into, solicit, or negotiate a grant, award,
2526+or contract for goods or services with the governmental body
2527+for which he or she had served or worked; and
2528+(2) Accept employment or enter into a consulting
2529+agreement with a business that received a grant, award, or
2530+contract for goods or services with the governmental body for
25302531 1205
25312532 1206
25322533 1207
25332534 1208
25342535 1209
25352536 1210
25362537 1211
25372538 1212
25382539 1213
25392540 1214
25402541 1215
25412542 1216
25422543 1217
25432544 1218
25442545 1219
25452546 1220
25462547 1221
25472548 1222
25482549 1223
25492550 1224
25502551 1225
25512552 1226
25522553 1227
25532554 1228
25542555 1229
25552556 1230
25562557 1231
2557-1232 HB227 Engrossed
2558+1232 HB227 INTRODUCED
25582559 Page 45
2559-notify the Attorney General or the appropriate district
2560-attorney and provide all evidence obtained by, or in the
2561-possession of, the commission. In addition, the commission may
2562-notify the appropriate public servant or governmental body who
2563-has authority to discipline or remove the public servant from
2564-office or employment.
2565-§36-25B-48 Floor Privileges
2566-No former member of the House of Representatives or the
2567-Senate of the State of Alabama shall be extended floor
2568-privileges of either body in a lobbying capacity.
2569-§36-25B-49 Contingency Fee Lobbying Prohibited
2570-A principal or lobbyist may not accept compensation
2571-for, or enter into a contract to provide, lobbying services
2572-which is contingent upon the passage or defeat of any
2573-legislative action.
2574-Article 4. Registration and Reporting Requirements
2575-§36-25B-60 Lobbyist Registration and Termination
2576-(a) Every lobbyist shall register by filing a form
2577-prescribed by the commission no later than January 31 of each
2578-year or within 10 days after the first undertaking requiring
2579-such registration. Each lobbyist shall pay an annual fee of
2580-two hundred dollars ($200) on or before January 31 of each
2581-year or within 10 days of the first undertaking requiring
2582-registration.
2583-(b) The registration shall be in writing and shall
2584-contain the following:
2585-(1) The registrant's full name and business address.
2586-(2) The full name and address of each of the
2587-registrant's principal or principals.
2560+contract for goods or services with the governmental body for
2561+which he or she had served or worked within the preceding two
2562+years, if the public servant actually recommended or
2563+materially influenced the approval of the grant, award, or
2564+contract.
2565+(e) A public servant who personally participates in the
2566+direct regulation, audit, or investigation of a business, for
2567+a period of two years after leaving service or employment, may
2568+not solicit or accept employment or enter into a consulting
2569+agreement with that business.
2570+(f) Nothing in this section shall limit or prohibit any
2571+of the following:
2572+(1) A former public employee from resuming employment
2573+with his or her former employer, unless otherwise restricted
2574+or prohibited by law.
2575+(2) A former public employee from entering into a
2576+consulting agreement with his or her former employer to
2577+personally provide consulting services, unless otherwise
2578+restricted or prohibited by law.
2579+(3) A public official or public employee from accepting
2580+employment with another governmental body or another
2581+department within the same governmental body and from
2582+representing the interests of his or her public employer
2583+before the governmental body for which he or she had served.
2584+(g)(1) A public servant or former public servant who
2585+violates this section shall be subject to a civil penalty up
2586+to or commensurate with the economic gain to the public
2587+servant.
2588+(2) For a subsequent offense, there shall be a
25882589 1233
25892590 1234
25902591 1235
25912592 1236
25922593 1237
25932594 1238
25942595 1239
25952596 1240
25962597 1241
25972598 1242
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25992600 1244
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26052606 1250
26062607 1251
26072608 1252
26082609 1253
26092610 1254
26102611 1255
26112612 1256
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26132614 1258
26142615 1259
2615-1260 HB227 Engrossed
2616+1260 HB227 INTRODUCED
26162617 Page 46
2617-registrant's principal or principals.
2618-(3) A statement signed by each principal that he or she
2619-has read the registration, knows its contents, and has
2620-authorized the registrant to be a lobbyist on his or her
2621-behalf as specified therein, and that no compensation will be
2622-paid to the registrant contingent upon passage or defeat of
2623-any legislative measure. If the principal is an entity, the
2624-statement must be signed by the individual within the
2625-principal who directs the activities of the lobbyist.
2626-(4) Either of the following:
2627-a. A list of each governmental body with whom he or she
2628-engages or intends to engage in lobbying. For purposes of this
2629-subdivision, each executive branch agency, department, board,
2630-or commission shall be considered a separate entity and the
2631-Legislature and each local legislative body shall be
2632-considered a separate entity.
2633-b. An acknowledgment that the lobbyist is not limiting
2634-his or her ability to engage in lobbying before any specific
2635-governmental body.
2636-(c) A registrant shall file a supplemental registration
2637-indicating any substantial change or changes in the
2638-information contained in the prior registration within 10 days
2639-after the date of the change.
2640-(d)(1) A lobbyist who ceases to engage in activities
2641-requiring registration shall file a written, verified
2642-statement with the commission, on a form prescribed by the
2643-commission by rule, acknowledging the termination of
2644-activities. The notice shall be effective immediately.
2645-(2) An individual who files a notice of termination
2618+(2) For a subsequent offense, there shall be a
2619+rebuttable presumption the public servant committed a criminal
2620+act under Article 3 of Chapter 10 of Title 13A, and the
2621+commission shall promptly notify the Attorney General or the
2622+appropriate district attorney and provide all evidence
2623+obtained by, or in the possession of, the commission. In
2624+addition, the commission may notify the appropriate public
2625+servant or governmental body who has authority to discipline
2626+or remove the public servant from office or employment.
2627+§36-25B-48 Floor Privileges
2628+No former member of the House of Representatives or the
2629+Senate of the State of Alabama shall be extended floor
2630+privileges of either body in a lobbying capacity.
2631+§36-25B-49 Contingency Fee Lobbying Prohibited
2632+A principal or lobbyist may not accept compensation
2633+for, or enter into a contract to provide, lobbying services
2634+which is contingent upon the passage or defeat of any
2635+legislative action.
2636+Article 4. Registration and Reporting Requirements
2637+§36-25B-60 Lobbyist Registration and Termination
2638+(a) Every lobbyist shall register by filing a form
2639+prescribed by the commission no later than January 31 of each
2640+year or within 10 days after the first undertaking requiring
2641+such registration. Each lobbyist shall pay an annual fee of
2642+two hundred dollars ($200) on or before January 31 of each
2643+year or within 10 days of the first undertaking requiring
2644+registration.
2645+(b) The registration shall be in writing and shall
2646+contain the following:
26462647 1261
26472648 1262
26482649 1263
26492650 1264
26502651 1265
26512652 1266
26522653 1267
26532654 1268
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2675-(2) An individual who files a notice of termination
2676-pursuant to this section shall file the reports required
2677-pursuant to Section 36-25B-61 for any reporting period during
2678-which he or she was registered.
2679-§36-25B-61 Prohibited Source Reporting
2680-(a) A prohibited source shall report on a form
2681-prescribed by the commission by rule:
2682-(1) The payment or reimbursement of registration and
2683-travel expenses as permitted under Section 36-25B-42(b)(1) and
2684-(b)(3); and
2685-(2) The provision of food, beverages, and hospitality
2686-as permitted under Section 36-25B-42(c).
2687-(b)(1) For purposes of reporting of events described in
2688-subdivision (a)(1), the report must disclose a description of
2689-the event, the date or dates of the event, the monetary value
2690-received by each public servant and his or her family members,
2691-and the identity of the public servants and family members who
2692-attended the event.
2693-(2) For purposes of reporting of events described in
2694-subdivision (a)(2), the report must include a description of
2695-the event, the date of the event, and a list of the public
2696-servants invited to the event.
2697-(c) Nothing in this section shall require an entity
2698-whose officers or employees or their family members serve as
2699-public servants under this chapter to report any expenditures
2700-or reimbursements paid to the officers and employees for the
2701-performance of their duties for the entity.
2702-(d) The report shall cover activity during a
2703-three-month period and shall be filed no later than January
2676+contain the following:
2677+(1) The registrant's full name and business address.
2678+(2) A full-face photograph of the registrant.
2679+(3) The full name and address of each of the
2680+registrant's principal or principals.
2681+(4) A statement signed by each principal that he or she
2682+has read the registration, knows its contents, and has
2683+authorized the registrant to be a lobbyist on his or her
2684+behalf as specified therein, and that no compensation will be
2685+paid to the registrant contingent upon passage or defeat of
2686+any legislative measure. If the principal is an entity, the
2687+statement must be signed by the individual within the
2688+principal who directs the activities of the lobbyist.
2689+(5) Either of the following:
2690+a. A list of each governmental body with whom he or she
2691+engages or intends to engage in lobbying. For purposes of this
2692+subdivision, each executive branch agency, department, board,
2693+or commission shall be considered a separate entity and the
2694+Legislature and each local legislative body shall be
2695+considered a separate entity.
2696+b. An acknowledgment that the lobbyist is not limiting
2697+his or her ability to engage in lobbying before any specific
2698+governmental body.
2699+(c) A registrant shall file a supplemental registration
2700+indicating any substantial change or changes in the
2701+information contained in the prior registration within 10 days
2702+after the date of the change.
2703+(d)(1) A lobbyist who ceases to engage in activities
2704+requiring registration shall file a written, verified
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2733-three-month period and shall be filed no later than January
2734-31, April 30, July 31, and October 31 for activity during the
2735-preceding calendar quarter.
2736-(e)(1) A prohibited source other than a lobbyist or
2737-principal shall file a report only if the prohibited source
2738-conducts activity that must be reported pursuant to this
2739-section.
2740-(2) A lobbyist or principal shall file a report each
2741-quarter, regardless of whether any reportable activity was
2742-conducted during the preceding quarter.
2743-(f) If a prohibited source files a report required
2744-under this section after the reporting deadline, the
2745-prohibited source shall pay a late fee, as prescribed by rule
2746-of the commission, but not to exceed one hundred fifty dollars
2747-($150).
2748-(g) A report required to be filed under this section
2749-which is more than three months past due shall be deemed a
2750-failure to file a report. The commission may impose a fine for
2751-failure to report as follows:
2752-(1) For a first offense, three hundred dollars ($300).
2753-(2) For a second offense, six hundred dollars ($600).
2754-(3) For a third or subsequent offense, one thousand two
2755-hundred dollars ($1,200).
2756-§36-25B-62 Statement of Economic Interests
2757-(a) No later than April 30 of each year, the following
2758-public servants shall file with the commission a statement of
2759-economic interests covering the period of the preceding
2760-calendar year:
2761-(1) All elected public officials.
2734+requiring registration shall file a written, verified
2735+statement with the commission, on a form prescribed by the
2736+commission by rule, acknowledging the termination of
2737+activities. The notice shall be effective immediately.
2738+(2) An individual who files a notice of termination
2739+pursuant to this section shall file the reports required
2740+pursuant to Section 36-25B-61 for any reporting period during
2741+which he or she was registered.
2742+§36-25B-61 Prohibited Source Reporting
2743+(a) A prohibited source shall report on a form
2744+prescribed by the commission by rule:
2745+(1) The payment or reimbursement of registration and
2746+travel expenses as permitted under Section 36-25B-42(b)(1) and
2747+(b)(3); and
2748+(2) The provision of food, beverages, and hospitality
2749+as permitted under Section 36-25B-42(c).
2750+(b)(1) For purposes of reporting of events described in
2751+subdivision (a)(1), the report must disclose a description of
2752+the event, the date or dates of the event, the monetary value
2753+received by each public servant and his or her family members,
2754+and the identity of the public servants and family members who
2755+attended the event.
2756+(2) For purposes of reporting of events described in
2757+subdivision (a)(2), the report must include a description of
2758+the event, the date of the event, and a list of the public
2759+servants invited to the event.
2760+(c) Nothing in this section shall require an entity
2761+whose officers or employees serve as public servants under
2762+this chapter to report any expenditures or reimbursements paid
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2791-(1) All elected public officials.
2792-(2) Each appointed member of a board, commission, or
2793-authority having statewide jurisdiction other than boards,
2794-commissions, and authorities that solely act in an advisory
2795-capacity.
2796-(3) Each employee of the Legislature, the Legislative
2797-Services Agency, and the Department of Examiners of Public
2798-Accounts, other than those who have a purely administrative or
2799-maintenance role.
2800-(4) All executive staff of the Governor.
2801-(5) The commissioners and all employees of the
2802-commission.
2803-(6) The agency head of each governmental body, if paid
2804-in whole or in part from state, county, or municipal funds.
2805-(7) The general counsel or lead attorney of each
2806-governmental body.
2807-(8) Each public employee holding a position described
2808-in Section 36-26-10(b)(10).
2809-(9) Each public servant with power to grant or deny
2810-land development permits.
2811-(10) Each appointed member of a local board,
2812-commission, or authority, if paid in whole or in part from
2813-state, county, or municipal funds, who receives compensation,
2814-other than travel expenses or a per diem, for his or her
2815-service on the board, commission, or authority.
2816-(11) All city and county school principals,
2817-superintendents, and school board members.
2818-(12) The superintendent or chief executive officer and
2819-members of the board of directors or board of trustees of all
2792+this chapter to report any expenditures or reimbursements paid
2793+to the officers and employees for the performance of their
2794+duties for the entity.
2795+(d) The report shall cover activity during a
2796+three-month period and shall be filed no later than January
2797+31, April 30, July 31, and October 31 for activity during the
2798+preceding calendar quarter.
2799+(e)(1) A prohibited source other than a lobbyist or
2800+principal shall file a report only if the prohibited source
2801+conducts activity that must be reported pursuant to this
2802+section.
2803+(2) A lobbyist or principal shall file a report each
2804+quarter, regardless of whether any reportable activity was
2805+conducted during the preceding quarter.
2806+(f) If a prohibited source files a report required
2807+under this section after the reporting deadline, the
2808+prohibited source shall pay a late fee, as prescribed by rule
2809+of the commission, but not to exceed one hundred fifty dollars
2810+($150).
2811+(g) A report required to be filed under this section
2812+which is more than three months past due shall be deemed a
2813+failure to file a report. The commission may impose a fine for
2814+failure to report as follows:
2815+(1) For a first offense, three hundred dollars ($300).
2816+(2) For a second offense, six hundred dollars ($600).
2817+(3) For a third or subsequent offense, one thousand two
2818+hundred dollars ($1,200).
2819+§36-25B-62 Statement of Economic Interests
2820+(a) No later than April 30 of each year, the following
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2849-members of the board of directors or board of trustees of all
2850-state public K-12 schools.
2851-(13) Chief and assistant county building inspectors.
2852-(14) Any individual otherwise required by law to file a
2853-statement of economic interests.
2854-(15) All public servants listed with the commission as
2855-provided in subsection (b).
2856-(b) The agency head of each governing body, if paid in
2857-whole or in part from state, county, or municipal funds, shall
2858-provide annually to the commission, within a time frame
2859-determined by rule of the commission, a list of each public
2860-servant within the governing body who has independent
2861-authority to perform any of the following duties, regardless
2862-of whether the public servant actually performs such duties:
2863-(1) Makes discretionary decisions to expend public
2864-funds in excess of ten thousand dollars ($10,000) in a fiscal
2865-year.
2866-(2) Awards or recommends contracts for goods or
2867-services.
2868-(3) Awards or recommends economic incentives.
2869-(c) Notwithstanding subsection (d), a coach of an
2870-athletic team of any four-year public institution of higher
2871-education that receives state funds shall not be required to
2872-include any income, donations, gifts, or benefits on his or
2873-her statement of economic interests if the income, donations,
2874-gifts, or benefits are a condition of the employment contract.
2875-(d) The statement shall be made on a form made
2876-available by the commission and shall contain the following
2877-information:
2850+(a) No later than April 30 of each year, the following
2851+public servants shall file with the commission a statement of
2852+economic interests covering the period of the preceding
2853+calendar year:
2854+(1) All elected public officials.
2855+(2) Each appointed member of a board, commission, or
2856+authority having statewide jurisdiction other than boards,
2857+commissions, and authorities that solely act in an advisory
2858+capacity.
2859+(3) Each employee of the Legislature, the Legislative
2860+Services Agency, and the Department of Examiners of Public
2861+Accounts, other than those who have a purely administrative or
2862+maintenance role.
2863+(4) All executive staff of the Governor.
2864+(5) The commissioners and all employees of the
2865+commission.
2866+(6) The agency head of each governmental body, if paid
2867+in whole or in part from state, county, or municipal funds.
2868+(7) The general counsel or lead attorney of each
2869+governmental body.
2870+(8) Each public employee holding a position described
2871+in Section 36-26-10(b)(10).
2872+(9) Each public servant with power to grant or deny
2873+land development permits.
2874+(10) Each appointed member of a local board,
2875+commission, or authority, if paid in whole or in part from
2876+state, county, or municipal funds, who receives compensation,
2877+other than travel expenses or a per diem, for his or her
2878+service on the board, commission, or authority.
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2907-information:
2908-(1) The name, occupation, and residential address of
2909-the filing party; the name and occupation of each family
2910-member of the filing party; and the name of each associated
2911-business of the filing party.
2912-(2) The source and amount of income directly accrued by
2913-the filing party and by his or her spouse, other than income
2914-earned from serving in public employment, listed in the
2915-following categorical amounts:
2916-a. Less than one thousand dollars ($1,000).
2917-b. At least one thousand dollars ($1,000) and less than
2918-ten thousand dollars ($10,000).
2919-c. At least ten thousand dollars ($10,000) and less
2920-than fifty thousand dollars ($50,000).
2921-d. At least fifty thousand dollars ($50,000) and less
2922-than one hundred fifty thousand dollars ($150,000).
2923-e. At least one hundred fifty thousand dollars
2924-($150,000) and less than two hundred fifty thousand dollars
2925-($250,000).
2926-f. At least two hundred fifty thousand dollars
2927-($250,000) or more.
2928-(3) The identity and value of real property, other than
2929-his or her primary residence, owned by the filing party or by
2930-his or her spouse.
2931-(4)a. Except as provided in paragraph b., a listing of
2932-indebtedness by the filing party or his or her spouse showing
2933-types and number of each as follows: Banks, savings and loan
2934-associations, insurance companies, mortgage firms,
2935-stockbrokers and brokerages or bond firms; and the
2908+service on the board, commission, or authority.
2909+(11) All city and county school superintendents and
2910+school board members.
2911+(12) The superintendent or chief executive officer and
2912+members of the board of directors or board of trustees of all
2913+state public K-12 schools.
2914+(13) Chief and assistant county building inspectors.
2915+(14) Any individual otherwise required by law to file a
2916+statement of economic interests.
2917+(15) All public servants listed with the commission as
2918+provided in subsection (b).
2919+(b) The agency head of each governing body, if paid in
2920+whole or in part from state, county, or municipal funds, shall
2921+provide annually to the commission, within a time frame
2922+determined by rule of the commission, a list of each public
2923+servant within the governing body who has independent
2924+authority to perform any of the following duties, regardless
2925+of whether the public servant actually performs such duties:
2926+(1) Makes discretionary decisions to expend public
2927+funds in excess of ten thousand dollars ($10,000) in a fiscal
2928+year.
2929+(2) Awards or recommends contracts for goods or
2930+services.
2931+(3) Awards or recommends economic incentives.
2932+(c) Notwithstanding subsection (d), a coach of an
2933+athletic team of any four-year public institution of higher
2934+education that receives state funds shall not be required to
2935+include any income, donations, gifts, or benefits on his or
2936+her statement of economic interests if the income, donations,
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2965-stockbrokers and brokerages or bond firms; and the
2966-indebtedness to combined organizations in the following
2967-categorical amounts:
2968-1. Less than twenty-five thousand dollars ($25,000).
2969-2. Twenty-five thousand dollars ($25,000) and less than
2970-fifty thousand dollars ($50,000).
2971-3. Fifty thousand dollars ($50,000) and less than one
2972-hundred thousand dollars ($100,000).
2973-4. One hundred thousand dollars ($100,000) and less
2966+her statement of economic interests if the income, donations,
2967+gifts, or benefits are a condition of the employment contract.
2968+(d) The statement shall be made on a form made
2969+available by the commission and shall contain the following
2970+information:
2971+(1) The name, occupation, and residential address of
2972+the filing party; the name and occupation of each family
2973+member of the filing party; and the name of each associated
2974+business of the filing party.
2975+(2) The source and amount of income directly accrued by
2976+the filing party and by his or her spouse, other than income
2977+earned from serving in public employment, listed in the
2978+following categorical amounts:
2979+a. Less than one thousand dollars ($1,000).
2980+b. At least one thousand dollars ($1,000) and less than
2981+ten thousand dollars ($10,000).
2982+c. At least ten thousand dollars ($10,000) and less
2983+than fifty thousand dollars ($50,000).
2984+d. At least fifty thousand dollars ($50,000) and less
29742985 than one hundred fifty thousand dollars ($150,000).
2975-5. One hundred fifty thousand dollars ($150,000) and
2976-less than two hundred fifty thousand dollars ($250,000).
2977-6. Two hundred fifty thousand dollars ($250,000) or
2978-more.
2979-b. Mortgage debt on a primary residence and student
2980-loans of the filing party or his or her spouse need not be
2981-disclosed.
2982-(e) Before publishing a statement of economic interest
2983-on the commission's website, the commission shall redact the
2984-names of all family members and the residential address of the
2985-filing party.
2986-(f) If the information required under this section is
2987-not filed as required, the commission shall notify the filing
2988-party as to his or her failure to so file, and the filing
2989-party shall have 20 days to file the report after receipt of
2990-the notification. After the 20-day period lapses, the
2991-commission may assess a fine of twenty dollars ($20) per day,
2992-not to exceed one thousand dollars ($1,000), for failure to
2993-file timely.
2986+e. At least one hundred fifty thousand dollars
2987+($150,000) and less than two hundred fifty thousand dollars
2988+($250,000).
2989+f. At least two hundred fifty thousand dollars
2990+($250,000) or more.
2991+(3) The identity and value of real property, other than
2992+his or her primary residence, owned by the filing party or by
2993+his or her spouse.
2994+(4)a. Except as provided in paragraph b., a listing of
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3023-file timely.
3024-(g)(1) Upon petition, the commission shall waive the
3025-filing requirement of this section if the filing party is
3026-deceased or if the filing party was considered a public
3027-servant and was subject to this chapter for a period of no
3028-more than 30 days during the previous calendar year and as of
3029-January 1 of the reporting year, has not been a public
3030-servant.
3031-(2) Upon petition, the commission may waive the filing
3032-requirement of this section if the filing party is incapable
3033-of filing due to infirmity or due to active service in the
3034-military.
3035-(h) A filing party who unintentionally neglects to
3036-include any information relating to the financial disclosure
3037-filing requirements of this section shall have 90 days to file
3038-an amended statement of economic interests without penalty.
3039-§36-25B-63 Candidates Statement of Economic Interests
3040-(a) Not more than five days after a candidate files his
3041-or her qualifying papers with the appropriate election
3042-official or in the case of an independent candidate not more
3043-than five days after the date the individual complies with the
3044-requirements of Section 17-9-3, the candidate shall file with
3045-the commission a statement of economic interests covering the
3046-most recent calendar year for which public servants were
3047-required to file pursuant to Section 36-25B-62. The
3048-commission, for good cause shown, may allow the candidate an
3049-additional five days to file the statement of economic
3050-interests.
3051-(b)(1) Each election official who receives a
3024+(4)a. Except as provided in paragraph b., a listing of
3025+indebtedness by the filing party or his or her spouse to
3026+businesses operating in Alabama showing types and number of
3027+each as follows: Banks, savings and loan associations,
3028+insurance companies, mortgage firms, stockbrokers and
3029+brokerages or bond firms; and the indebtedness to combined
3030+organizations in the following categorical amounts:
3031+1. Less than twenty-five thousand dollars ($25,000).
3032+2. Twenty-five thousand dollars ($25,000) and less than
3033+fifty thousand dollars ($50,000).
3034+3. Fifty thousand dollars ($50,000) and less than one
3035+hundred thousand dollars ($100,000).
3036+4. One hundred thousand dollars ($100,000) and less
3037+than one hundred fifty thousand dollars ($150,000).
3038+5. One hundred fifty thousand dollars ($150,000) and
3039+less than two hundred fifty thousand dollars ($250,000).
3040+6. Two hundred fifty thousand dollars ($250,000) or
3041+more.
3042+b. Mortgage debt on a primary residence and student
3043+loans of the filing party or his or her spouse need not be
3044+disclosed.
3045+(e) Before publishing a statement of economic interest
3046+on the commission's website, the commission shall redact the
3047+names of all family members and the residential address of the
3048+filing party.
3049+(f) If the information required under this section is
3050+not filed as required, the commission shall notify the filing
3051+party as to his or her failure to so file, and the filing
3052+party shall have 20 days to file the report after receipt of
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3081-(b)(1) Each election official who receives a
3082-declaration of candidacy or petition to appear on the ballot
3083-for election from a candidate, within five days of the
3084-receipt, shall notify the commission of the name of the
3085-candidate and the date on which the individual became a
3086-candidate.
3087-(2) The commission, within five business days of
3088-receipt of such notification, shall notify the election
3089-official whether the candidate has complied with subdivision
3090-(1).
3091-(c)(1) In addition to filing a statement of economic
3092-interests pursuant to subsection (a), an individual who
3093-remains qualified as a candidate on April 30 following the
3094-date he or she initially qualified shall file a new statement
3095-of economic interests by April 30 covering the period of the
3096-previous calendar year.
3097-(2) Notwithstanding subdivision (1), for any calendar
3098-year for which the commission has a candidate's current
3099-statement of economic interests on file, no additional filing
3100-for that calendar year is required.
3101-(d) If a candidate does not submit a statement of
3102-economic interests under subsection (a) and, if applicable
3103-subsection (c) by the prescribed deadline, the name of the
3104-individual shall not appear on the ballot and the candidate
3105-shall be deemed not qualified as a candidate in that election
3106-cycle.
3107-(e) If a candidate is deemed not qualified, the
3108-appropriate election official shall remove the name of the
3109-candidate from the ballot.
3082+party shall have 20 days to file the report after receipt of
3083+the notification. After the 20-day period lapses, the
3084+commission may assess a fine of twenty dollars ($20) per day,
3085+not to exceed one thousand dollars ($1,000), for failure to
3086+file timely.
3087+(g)(1) Upon petition, the commission shall waive the
3088+filing requirement of this section if the filing party is
3089+deceased or if the filing party was considered a public
3090+servant and was subject to this chapter for a period of no
3091+more than 30 days during the previous calendar year and as of
3092+January 1 of the reporting year, has not been a public
3093+servant.
3094+(2) Upon petition, the commission may waive the filing
3095+requirement of this section if the filing party is incapable
3096+of filing due to infirmity or due to active service in the
3097+military.
3098+(h) A filing party who unintentionally neglects to
3099+include any information relating to the financial disclosure
3100+filing requirements of this section shall have 90 days to file
3101+an amended statement of economic interests without penalty.
3102+§36-25B-63 Candidates Statement of Economic Interests
3103+(a) Not more than five days after a candidate files his
3104+or her qualifying papers with the appropriate election
3105+official or in the case of an independent candidate not more
3106+than five days after the date the individual complies with the
3107+requirements of Section 17-9-3, the candidate shall file with
3108+the commission a statement of economic interests covering the
3109+most recent calendar year for which public servants were
3110+required to file pursuant to Section 36-25B-62. The
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3139-candidate from the ballot.
3140-Article 5. Enforcement
3141-§36-25B-80 Enforcement Generally
3142-The commission may not impose any civil penalty, order
3143-restitution, issue a public reprimand, or enter into a consent
3144-decree unless the commissioners determine a violation has
3145-occurred and approve the penalty, restitution, public
3146-reprimand, or consent decree in accordance with this article.
3147-§36-25B-81 Complaints
3148-(a) The commission shall establish procedures for the
3149-acceptance and investigation of complaints alleging violations
3150-of this chapter or the Fair Campaign Practices Act and shall
3151-publish the procedures and requirements for submitting
3152-complaints, along with the complaint form, on the commission's
3153-website.
3154-(b) Complaints must be in writing, set forth in detail
3155-the specific charges against a respondent and the factual
3156-allegations that support the charges, and signed by the
3157-complainant in order to be considered by the commission.
3158-(c)(1) Upon receiving a complaint or a report filed
3159-pursuant to Section 36-25B-83, and upon verifying the identity
3160-of the complainant and that the complaint contains credible
3161-and verifiable information supporting the allegations, the
3162-director shall notify the respondent of the alleged violation
3163-or violations together with a short and plain statement of the
3164-matters asserted and the provisions of this chapter or the
3165-Fair Campaign Practices Act alleged to have been violated.
3166-(2) The notice shall provide the respondent with an
3167-opportunity to respond to the commission in writing in a
3140+required to file pursuant to Section 36-25B-62. The
3141+commission, for good cause shown, may allow the candidate an
3142+additional five days to file the statement of economic
3143+interests.
3144+(b)(1) Each election official who receives a
3145+declaration of candidacy or petition to appear on the ballot
3146+for election from a candidate, within five days of the
3147+receipt, shall notify the commission of the name of the
3148+candidate and the date on which the individual became a
3149+candidate.
3150+(2) The commission, within five business days of
3151+receipt of such notification, shall notify the election
3152+official whether the candidate has complied with subdivision
3153+(1).
3154+(c)(1) In addition to filing a statement of economic
3155+interests pursuant to subsection (a), an individual who
3156+remains qualified as a candidate on April 30 following the
3157+date he or she initially qualified shall file a new statement
3158+of economic interests by April 30 covering the period of the
3159+previous calendar year.
3160+(2) Notwithstanding subdivision (1), for any calendar
3161+year for which the commission has a candidate's current
3162+statement of economic interests on file, no additional filing
3163+for that calendar year is required.
3164+(d) If a candidate does not submit a statement of
3165+economic interests under subsection (a) and, if applicable
3166+subsection (c) by the prescribed deadline, the name of the
3167+individual shall not appear on the ballot and the candidate
3168+shall be deemed not qualified as a candidate in that election
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3197-opportunity to respond to the commission in writing in a
3198-timely manner but in no event less than 10 days. Notice shall
3199-be provided by personal service or by certified mail, return
3200-receipt requested. The director shall delay further
3201-consideration of the complaint until he or she has received a
3202-response or the 10-day period has lapsed, whichever occurs
3203-first. The director shall consider the response in making his
3204-or her determination and include the response as part of the
3205-written record of the complaint.
3206-(d)(1) If the director determines that the complaint
3207-does not provide sufficient grounds to indicate that a
3208-violation has occurred, the complaint shall be dismissed, but
3209-the action must be reported to the commissioners along with a
3210-written record of the director's reasoning.
3211-(2) If the director determines there are sufficient
3212-grounds to believe that a violation may have occurred, the
3213-director shall notify the respondent, as required in Section
3214-36-25B-84(b), and notify the commissioners of the intent to
3215-conduct a full investigation along with a written record of
3216-the director's reasoning.
3217-(e) A complainant may not file a complaint on behalf of
3218-any other individual.
3219-§36-25B-82 Confidentiality of Complaints
3220-(a) Except as provided in Section 36-25B-81(c) and
3221-Section 36-25B-84(d)(3), the commissioners, director, and
3222-employees of the commission shall keep confidential the
3223-existence of any complaint and any information relating to the
3224-complaint, including relevant information and documents and
3225-the identity of the complainant, until the final disposition
3198+shall be deemed not qualified as a candidate in that election
3199+cycle.
3200+(e) If a candidate is deemed not qualified, the
3201+appropriate election official shall remove the name of the
3202+candidate from the ballot.
3203+Article 5. Enforcement
3204+§36-25B-80 Enforcement Generally
3205+The commission may not impose any civil penalty, order
3206+restitution, issue a public reprimand, or enter into a consent
3207+decree unless the commissioners determine a violation has
3208+occurred and approve the penalty, restitution, public
3209+reprimand, or consent decree in accordance with this article.
3210+§36-25B-81 Complaints
3211+(a) The commission shall establish procedures for the
3212+acceptance and investigation of complaints alleging violations
3213+of this chapter or the Fair Campaign Practices Act and shall
3214+publish the procedures and requirements for submitting
3215+complaints, along with the complaint form, on the commission's
3216+website.
3217+(b) Complaints must be in writing, set forth in detail
3218+the specific charges against a respondent and the factual
3219+allegations that support the charges, and signed by the
3220+complainant in order to be considered by the commission.
3221+(c)(1) Upon receiving a complaint or a report filed
3222+pursuant to Section 36-25B-83, and upon verifying the identity
3223+of the complainant and that the complaint contains credible
3224+and verifiable information supporting the allegations, the
3225+director shall notify the respondent of the alleged violation
3226+or violations together with a short and plain statement of the
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3255-the identity of the complainant, until the final disposition
3256-of the matter. In no event may a complaint or any part of the
3257-record be made public or available on the commission's website
3258-if the complaint is dismissed or, after an investigation, the
3259-commission determines no violation occurred.
3260-(b) This section does not prohibit a complainant or
3261-respondent from disclosing information relating to a complaint
3262-submitted to the commission, and the fact that an individual
3263-who is not a commissioner, director, or commission employee
3264-discloses information relating to a complaint does not grant
3265-the commissioners, director, or commission employees the
3266-authority to discuss or disclose the existence of a complaint
3267-or any information relating to the complaint.
3268-§36-25B-83 Agency Heads Required to Report Violations
3269-The agency head of every governmental body shall file a
3270-report with the commission on any matter that comes to his or
3271-her attention in his or her official capacity that, after an
3272-appropriate investigation based on credible and verifiable
3273-information supporting the allegations, may constitute a
3274-violation of this chapter within 10 days of completing the
3275-investigation.
3276-§36-25B-84 Investigations
3277-(a) Upon a preliminary finding by the director that a
3278-violation of this chapter or the Fair Campaign Practices Act
3279-may have occurred pursuant to Section 36-25B-81(d)(2), or if a
3280-matter is referred to the commission pursuant to Section
3281-13A-10-61.1(c)(1), the director and staff of the commission
3282-shall conduct a full investigation in accordance with this
3283-section.
3256+or violations together with a short and plain statement of the
3257+matters asserted and the provisions of this chapter or the
3258+Fair Campaign Practices Act alleged to have been violated.
3259+(2) The notice shall provide the respondent with an
3260+opportunity to respond to the commission in writing in a
3261+timely manner but in no event less than 10 days. Notice shall
3262+be provided by personal service or by certified mail, return
3263+receipt requested. The director shall delay further
3264+consideration of the complaint until he or she has received a
3265+response or the 10-day period has lapsed, whichever occurs
3266+first. The director shall consider the response in making his
3267+or her determination and include the response as part of the
3268+written record of the complaint.
3269+(d)(1) If the director determines that the complaint
3270+does not provide sufficient grounds to indicate that a
3271+violation has occurred, the complaint shall be dismissed, but
3272+the action must be reported to the commissioners along with a
3273+written record of the director's reasoning.
3274+(2) If the director determines there are sufficient
3275+grounds to believe that a violation may have occurred, the
3276+director shall notify the respondent, as required in Section
3277+36-25B-84(b), and notify the commissioners of the intent to
3278+conduct a full investigation along with a written record of
3279+the director's reasoning.
3280+(e) A complainant may not file a complaint on behalf of
3281+any other individual.
3282+(f) If information is brought to the attention of the
3283+commission in a manner other than through a complaint, the
3284+director shall conduct a preliminary investigation and if he
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3313-section.
3314-(b) Before initiating a full investigation, the
3315-director shall notify the respondent by personal service or by
3316-certified mail, return receipt requested, of the
3317-investigation, along with the violations alleged to have
3318-occurred and the written record of the director's reasoning
3319-pursuant to Section 36-25B-81.
3320-(c) In the course of an investigation, the director,
3321-upon an affirmative vote of at least four commissioners, may
3322-subpoena witnesses and compel their attendance and may also
3323-require the production of documents and other evidence. The
3324-commission shall give the respondent the opportunity to
3325-respond to the allegations by providing written statements,
3326-testimony to commission staff, and any additional evidence.
3327-Any additional relevant facts or evidence discovered by a
3328-commissioner or commission staff during the course of an
3329-investigation shall immediately be provided to the respondent.
3330-The respondent has the right to be represented by legal
3331-counsel throughout an investigation.
3332-(d)(1) Commission staff shall have no more than 180
3333-days to complete an investigation and compile a written
3334-record. The written record of the investigation shall include
3335-all evidence considered and a written statement of the
3336-director's assessment and recommendations. Findings of fact
3337-shall be based solely on the evidence in the record.
3338-(2) If the director determines no violation has
3339-occurred, the director shall dismiss the matter, but the
3340-action must be reported to the commissioners along with the
3341-written record described in subdivision (1). The director
3314+director shall conduct a preliminary investigation and if he
3315+or she determines there are sufficient grounds to believe that
3316+a violation may have occurred, the director may request the
3317+commissioners to authorize a full investigation and shall
3318+provide a written record of the director's reasoning. If at
3319+least four commissioners provide written consent to a full
3320+investigation, the director shall notify the respondent, as
3321+required in Section 36-25B-84(b), of the commission's intent
3322+to conduct a full investigation.
3323+§36-25B-82 Confidentiality of Complaints
3324+(a) Except as provided in Section 36-25B-81(c) and
3325+Section 36-25B-84(d)(3), the commissioners, director, and
3326+employees of the commission shall keep confidential the
3327+existence of any complaint and any information relating to the
3328+complaint, including relevant information and documents and
3329+the identity of the complainant, until the disposition of the
3330+matter. In no event may a complaint or any part of the record
3331+be made public or available on the commission's website if the
3332+complaint is dismissed or, after an investigation, the
3333+commission determines no violation occurred.
3334+(b) This section does not prohibit a complainant or
3335+respondent from disclosing information relating to a complaint
3336+submitted to the commission, and the fact that an individual
3337+who is not a commissioner, director, or commission employee
3338+discloses information relating to a complaint does not grant
3339+the commissioners, director, or commission employees the
3340+authority to discuss or disclose the existence of a complaint
3341+or any information relating to the complaint.
3342+§36-25B-83 Agency Heads Required to Report Violations
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3371-written record described in subdivision (1). The director
3372-shall promptly notify the respondent of the determination
3373-along with a copy of the director's assessment. The commission
3374-may not reinstate an investigation based on the same facts
3375-alleged in the complaint or investigation.
3376-(3) If the director determines there is sufficient
3377-evidence to indicate that a violation occurred, the director
3378-shall make a recommendation of appropriate penalties and shall
3379-immediately notify the respondent of the director's findings
3380-and recommended penalties, a reference to the particular
3381-provision of this chapter or the Fair Campaign Practice Act
3382-which was violated, and a copy of the complaint, including the
3383-identity of the complainant, together with any statement,
3384-evidence, or information received from the complainant,
3385-witnesses, or other individuals or discovered in the course of
3386-the investigation.
3387- (4) Notice provided to the respondent pursuant to this
3388-subsection shall be by personal service or by certified mail,
3389-return receipt requested.
3390-(e) A respondent found by the director to have violated
3391-this chapter or the Fair Campaign Practices Act under
3392-subdivision (d)(3) shall have 21 days after receiving notice
3393-of a violation to request a contested case hearing before the
3394-commissioners. If at the end of the 21-day period the
3395-respondent does not request a hearing, the director shall
3396-notify and provide the commissioners with a written record
3397-along with the director's assessment and recommendations for
3398-penalties.
3399-(f) At the official meeting of the commissioners held
3372+§36-25B-83 Agency Heads Required to Report Violations
3373+The agency head of every governmental body shall file a
3374+report with the commission on any matter that comes to his or
3375+her attention in his or her official capacity that, after an
3376+appropriate investigation based on credible and verifiable
3377+information supporting the allegations, may constitute a
3378+violation of this chapter within 10 days of completing the
3379+investigation.
3380+§36-25B-84 Investigations
3381+(a) Upon a preliminary finding by the director that a
3382+violation of this chapter or the Fair Campaign Practices Act
3383+may have occurred pursuant to Section 36-25B-81(d)(2), or
3384+after an affirmative vote of the commissioners to initiate a
3385+full investigation pursuant to Section 36-25B-81(f), or if a
3386+matter is referred to the commission pursuant to Section
3387+13A-10-61.1(c)(1), the director and staff of the commission
3388+shall conduct a full investigation in accordance with this
3389+section.
3390+(b) Before initiating a full investigation, the
3391+director shall notify the respondent by personal service or by
3392+certified mail, return receipt requested, of the
3393+investigation, along with the violations alleged to have
3394+occurred and the written record of the director's reasoning
3395+pursuant to Section 36-25B-81.
3396+(c) In the course of an investigation, the director,
3397+upon an affirmative vote of at least four commissioners, may
3398+subpoena witnesses and compel their attendance and may also
3399+require the production of documents and other evidence. The
3400+commission shall give the respondent the opportunity to
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3429-(f) At the official meeting of the commissioners held
3430-after receiving notification under subsection (e), the
3431-commissioners shall:
3432-(1) Approve the director's assessment and
3433-recommendations for penalties;
3434-(2) Revise the assessment and penalties, in which case
3435-the respondent shall have an additional 21 days to request a
3436-contested case hearing;
3437-(3) Request a contested case hearing; or
3438-(4) Dismiss the matter.
3439-(g) Prior to an official meeting of the commissioners
3440-pursuant to subsection (f), the commissioners may not discuss
3441-any matter relating to a respondent's case with the director
3442-or with any other employee of the commission unless the
3443-respondent and his or her legal counsel are given the
3444-opportunity to also be present during any such discussion.
3445-§36-25B-85 Contested Case Hearings
3446-(a)(1) If a contested case hearing is requested, the
3447-commission shall set a hearing date of not less than 45 days
3448-after receiving the request and shall immediately provide
3449-notice to the respondent. Notice shall include the time and
3450-place of the hearing, all information in any form that arises
3451-out of or relates to the complaint, including but not limited
3452-to, all statements, evidence, testimony, and other information
3453-received from the complainant, witnesses, or other
3454-individuals, or discovered in the course of the investigation.
3455-The commission shall not discourage individuals with knowledge
3456-arising out of or relating to the complaint, including
3457-individuals who were interviewed by, or gave statements to,
3430+commission shall give the respondent the opportunity to
3431+respond to the allegations by providing written statements,
3432+testimony to commission staff, and any additional evidence.
3433+Any additional relevant facts or evidence discovered by a
3434+commissioner or commission staff during the course of an
3435+investigation shall immediately be provided to the respondent.
3436+The respondent has the right to be represented by legal
3437+counsel throughout an investigation.
3438+(d)(1) Commission staff shall have no more than 180
3439+days to complete an investigation and compile a written
3440+record. The written record of the investigation shall include
3441+all evidence considered and a written statement of the
3442+director's assessment and recommendations. Findings of fact
3443+shall be based solely on the evidence in the record.
3444+(2) If the director determines no violation has
3445+occurred, the director shall dismiss the matter, but the
3446+action must be reported to the commissioners along with the
3447+written record described in subdivision (1). The director
3448+shall promptly notify the respondent of the determination
3449+along with a copy of the director's assessment. The commission
3450+may not reinstate an investigation based on the same facts
3451+alleged in the complaint or investigation.
3452+(3) If the director determines there is sufficient
3453+evidence to indicate that a violation occurred, the director
3454+shall make a recommendation of appropriate penalties and shall
3455+immediately notify the respondent of the director's findings
3456+and recommended penalties, a reference to the particular
3457+provision of this chapter or the Fair Campaign Practice Act
3458+which was violated, and a copy of the complaint, including the
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3487-individuals who were interviewed by, or gave statements to,
3488-the commission, whether or not the statements were the basis
3489-of the commission's findings, from providing that information
3490-to the respondent or his or her legal counsel.
3491-(2) Upon the timely request of the respondent, the
3492-commission shall postpone the hearing for not less than 90
3493-days.
3494-(b) Any additional relevant facts or evidence
3495-discovered by the director or employee of the commission or
3496-put in the possession of a commissioner after the conclusion
3497-of the investigation but before or during the hearing shall
3498-immediately be provided to the respondent.
3499-(c) The commissioners shall preside over any contested
3500-case hearing held pursuant to this section. The commission
3501-shall provide the respondent the opportunity to respond and
3502-present evidence and argument on all material issues involved,
3503-call witnesses, be represented by legal counsel at his or her
3504-own expense, and be present along with his or her legal
3505-counsel during all deliberations of the commissioners. If
3506-requested by the respondent, the proceedings shall be
3507-transcribed by the appointed court reporter and a copy of the
3508-transcribed proceedings shall be timely provided to the
3509-respondent at the respondent's expense.
3510-(d) Outside of an official hearing proceeding, if the
3511-director or any other employee of the commission is present in
3512-any commissioner deliberations on any matter relating to a
3513-respondent's case, the respondent and his or her legal counsel
3514-must be given the opportunity to also be present during the
3515-deliberation.
3488+which was violated, and a copy of the complaint, including the
3489+identity of the complainant, together with any statement,
3490+evidence, or information received from the complainant,
3491+witnesses, or other individuals or discovered in the course of
3492+the investigation.
3493+ (4) Notice provided to the respondent pursuant to this
3494+subsection shall be by personal service or by certified mail,
3495+return receipt requested.
3496+(e) A respondent found by the director to have violated
3497+this chapter or the Fair Campaign Practices Act under
3498+subdivision (d)(3) shall have 21 days after receiving notice
3499+of a violation to request a contested case hearing before the
3500+commissioners. If at the end of the 21-day period the
3501+respondent does not request a hearing, the director shall
3502+notify and provide the commissioners with a written record
3503+along with the director's assessment and recommendations for
3504+penalties.
3505+(f) At the official meeting of the commissioners held
3506+after receiving notification under subsection (e), the
3507+commissioners shall:
3508+(1) Approve the director's assessment and
3509+recommendations for penalties;
3510+(2) Revise the assessment and penalties, in which case
3511+the respondent shall have an additional 21 days to request a
3512+contested case hearing;
3513+(3) Request a contested case hearing; or
3514+(4) Dismiss the matter.
3515+(g) Prior to an official meeting of the commissioners
3516+pursuant to subsection (f), the commissioners may not discuss
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3545-deliberation.
3546-(e) The record of a hearing shall include all evidence
3547-considered and a written statement of the findings of the
3548-commission members. Findings of fact shall be based solely on
3549-the evidence in the record. The respondent shall have the
3550-right to supplement the record of the hearing, including any
3551-transcript of the hearing and all statements, evidence,
3552-testimony, and other information that the respondent offered
3553-into evidence at the hearing, whether or not the commission
3554-accepted the information into evidence.
3555-(f) If the respondent does not request a hearing or
3556-does not participate in a hearing, the commissioners' decision
3557-is final, a penalty may be imposed, and the respondent, absent
3558-good cause shown, may not appeal the decision.
3559-§36-25B-86 Confidentiality of Investigations
3560-(a) Prior to the disposition of a matter, the
3561-commissioners, director, and employees of the commission shall
3562-keep confidential and may not publicly disclose information
3563-relating to an investigation, including the identity of the
3564-respondent. In no event may an investigation or any part of
3565-the record be made public or available on the commission's
3566-website if the case is dismissed under Section
3567-36-25B-84(d)(2).
3568-(b) This section does not prohibit a respondent or a
3569-witness or other individual from disclosing information
3570-relating to an investigation. The fact that an individual who
3571-is not a commissioner, director, or commission employee
3572-discloses information relating to an investigation does not
3573-grant the commissioners, director, or commission employees the
3546+pursuant to subsection (f), the commissioners may not discuss
3547+any matter relating to a respondent's case with the director
3548+or with any other employee of the commission unless the
3549+respondent and his or her legal counsel are given the
3550+opportunity to also be present during any such discussion.
3551+§36-25B-85 Contested Case Hearings
3552+(a) If a contested case hearing is requested, the
3553+commission shall set a hearing date of not less than 45 days
3554+after receiving the request and shall immediately provide
3555+notice to the respondent. Notice shall include the time and
3556+place of the hearing, the complaint, and all statements,
3557+evidence, and information received from the complainant,
3558+witnesses, or other individuals, or discovered in the course
3559+of the investigation. Upon the timely request of the
3560+respondent, the commission shall postpone the hearing for not
3561+less than 30 days for good cause shown.
3562+(b) Any additional relevant facts or evidence
3563+discovered by the director or employee of the commission or
3564+put in the possession of a commissioner after the conclusion
3565+of the investigation but before or during the hearing shall
3566+immediately be provided to the respondent.
3567+(c) The commissioners shall preside over any contested
3568+case hearing held pursuant to this section. The commission
3569+shall provide the respondent the opportunity to respond and
3570+present evidence and argument on all material issues involved,
3571+call witnesses, be represented by legal counsel at his or her
3572+own expense, and be present along with his or her legal
3573+counsel during all deliberations of the commissioners.
3574+(d) Outside of an official hearing proceeding, if the
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3604+(d) Outside of an official hearing proceeding, if the
3605+director or any other employee of the commission is present in
3606+any commissioner deliberations on any matter relating to a
3607+respondent's case, the respondent and his or her legal counsel
3608+must be given the opportunity to also be present during the
3609+deliberation.
3610+(e) The record of a hearing shall include all evidence
3611+considered and a written statement of the findings of the
3612+commission members. Findings of fact shall be based solely on
3613+the evidence in the record.
3614+(f) If the respondent does not request a hearing or
3615+does not participate in a hearing, the commissioners' decision
3616+is final, a penalty may be imposed, and the respondent, absent
3617+good cause shown, may not appeal the decision.
3618+§36-25B-86 Confidentiality of Investigations
3619+(a) Prior to the disposition of a matter, the
3620+commissioners, director, and employees of the commission shall
3621+keep confidential and may not publicly disclose information
3622+relating to an investigation, including the identity of the
3623+respondent. In no event may an investigation or any part of
3624+the record be made public or available on the commission's
3625+website if the case is dismissed under Section
3626+36-25B-84(d)(2).
3627+(b) This section does not prohibit a respondent or a
3628+witness or other individual from disclosing information
3629+relating to an investigation. The fact that an individual who
3630+is not a commissioner, director, or commission employee
3631+discloses information relating to an investigation does not
3632+grant the commissioners, director, or commission employees the
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3640+1744
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3660+1764 HB227 INTRODUCED
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36033662 grant the commissioners, director, or commission employees the
36043663 authority to discuss or disclose the existence of the
36053664 investigation or any information relating to the
36063665 investigation.
36073666 §36-25B-87 Criminal Referrals
36083667 (a) If at any time during the course of reviewing a
36093668 complaint or conducting an investigation, the director has
36103669 reason to believe a criminal violation has been committed, the
36113670 director or general counsel shall present the relevant and
36123671 applicable evidence and other factors to the commissioners
36133672 and, upon the affirmative vote of the majority of the
36143673 commissioners, the director shall promptly notify the Attorney
36153674 General or the appropriate district attorney and provide all
36163675 evidence obtained by, or in the possession of, the commission.
36173676 (b) The imposition of a penalty by the commission does
36183677 not prohibit the Attorney General or a district attorney from
36193678 pursuing criminal charges based on the same or related
36203679 conduct.
36213680 §36-25B-88 Penalties
36223681 (a) Any person subject to this chapter who
36233682 intentionally makes a false statement on any report,
36243683 registration, or statement pursuant to this chapter is subject
36253684 to a civil penalty not to exceed one thousand dollars
36263685 ($1,000).
36273686 (b) Any individual who makes or transmits a complaint
36283687 pursuant to this chapter which contains information or
36293688 statements the individual knows to be false is subject to a
36303689 civil penalty not to exceed one thousand dollars ($1,000) and
36313690 shall be liable for the actual legal expenses incurred by the
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3633-1738
3634-1739
3635-1740
3636-1741
3637-1742
3638-1743
3639-1744
3640-1745
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3648-1753
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3651-1756
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3657-1762
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3659-1764 HB227 Engrossed
3660-Page 64
3661-shall be liable for the actual legal expenses incurred by the
3662-respondent against whom the false report or complaint was
3663-filed.
3664-(c) Any individual who intentionally makes false
3665-statements to an employee of the commission or member of the
3666-commission pursuant to this chapter is subject to a civil
3667-penalty not to exceed one thousand dollars ($1,000).
3668-(d) For a violation of this chapter, unless otherwise
3669-specified, the commission may:
3670-(1) Issue a private warning or public reprimand;
3671-(2) Enter into a consent decree;
3672-(3) Impose a civil penalty up to or commensurate with
3673-the economic gain to the violator; or
3674-(4) Order restitution, if applicable, up to or
3675-commensurate with the economic loss to a governmental body.
3676-(e) Restitution collected by the commission shall be
3677-paid to the governmental body suffering the economic loss.
3678-(f) The commission may not impose any civil penalty for
3679-a violation of Article 3 until receiving approval of the
3680-penalty by the Attorney General or appropriate district
3681-attorney.
3682-(g) If a person fails to pay any civil penalty or
3683-restitution, the commission may file an action to collect the
3684-penalty in a court of competent jurisdiction in Montgomery
3685-County. The person shall be responsible for paying all costs
3686-associated with the collection of the civil penalty or
3687-restitution.
3688-§36-25B-89 Reconsideration of Contested Case Hearings
3689-If the respondent discovers new evidence that comes to
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37183719 Page 65
3720+shall be liable for the actual legal expenses incurred by the
3721+respondent against whom the false report or complaint was
3722+filed.
3723+(c) Any individual who intentionally makes false
3724+statements to an employee of the commission or member of the
3725+commission pursuant to this chapter is subject to a civil
3726+penalty not to exceed one thousand dollars ($1,000).
3727+(d) For a violation of this chapter, unless otherwise
3728+specified, the commission may:
3729+(1) Issue a private warning or public reprimand;
3730+(2) Enter into a consent decree;
3731+(3) Impose a civil penalty up to or commensurate with
3732+the economic gain to the violator; or
3733+(4) Order restitution, if applicable, up to or
3734+commensurate with the economic loss to a governmental body.
3735+(e) Restitution collected by the commission shall be
3736+paid to the governmental body suffering the economic loss.
3737+(f) If a person fails to pay any civil penalty or
3738+restitution, the commission may file an action to collect the
3739+penalty in a court of competent jurisdiction in Montgomery
3740+County. The person shall be responsible for paying all costs
3741+associated with the collection of the civil penalty or
3742+restitution.
3743+§36-25B-89 Reconsideration of Contested Case Hearings
37193744 If the respondent discovers new evidence that comes to
37203745 his or her knowledge after the final determination was made by
37213746 the commissioners in a case hearing and that evidence would
37223747 not have been discovered sooner through the exercise of due
37233748 diligence, the respondent may petition the commission for
3724-reconsideration, regardless of whether the respondent had
3725-requested a contested case hearing. Upon receiving a petition,
3726-the commission shall stay any collection of any penalty
3727-pending a determination by the commissioners whether to
3728-reconsider the respondent's case. If the commissioners reject
3729-the respondent's petition, the respondent shall have the
3730-opportunity to file an appeal under Section 36-25B-90,
3731-regardless of whether the respondent had requested a contested
3732-case hearing.
3733-§36-25B-90 Appeals
3734-Within 30 days of a final order or decision of the
3735-commissioners in a contested case hearing imposing a penalty
3736-under this article or within 30 days of a rejection of a
3737-petition for reconsideration, any person aggrieved by the
3738-final order or decision may file a petition for appeal in a
3739-court of competent jurisdiction in Montgomery County.
3740-Section 8. The Code Commissioner shall conform
3741-references in the Code of Alabama 1975, to reflect the changes
3742-made by this act. Code changes, including the renumbering of
3743-references to Chapter 25, Title 36, to reflect the appropriate
3744-code sections in Chapter 25B, Title 36, as created by this
3745-act, shall be made at a time determined to be appropriate by
3746-the Code Commissioner.
3747-Section 9. Section 11-3-5, Code of Alabama 1975, is
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37763777 Page 66
3778+diligence, the respondent may petition the commission for
3779+reconsideration, regardless of whether the respondent had
3780+requested a contested case hearing. Upon receiving a petition,
3781+the commission shall stay any collection of any penalty
3782+pending a determination by the commissioners whether to
3783+reconsider the respondent's case. If the commissioners reject
3784+the respondent's petition, the respondent shall have the
3785+opportunity to file an appeal under Section 36-25B-90,
3786+regardless of whether the respondent had requested a contested
3787+case hearing.
3788+§36-25B-90 Appeals
3789+Within 30 days of a final order or decision of the
3790+commissioners in a contested case hearing imposing a penalty
3791+under this article or within 30 days of a rejection of a
3792+petition for reconsideration, any person aggrieved by the
3793+final order or decision may file a petition for appeal in a
3794+court of competent jurisdiction in Montgomery County.
3795+Section 8. The Code Commissioner shall conform
3796+references in the Code of Alabama 1975, to reflect the changes
3797+made by this act. Code changes, including the renumbering of
3798+references to Chapter 25, Title 36, to reflect the appropriate
3799+code sections in Chapter 25B, Title 36, as created by this
3800+act, shall be made at a time determined to be appropriate by
3801+the Code Commissioner.
37773802 Section 9. Section 11-3-5, Code of Alabama 1975, is
37783803 amended to read as follows:
37793804 "§11-3-5
37803805 (a) Except where a contract for goods or services is
37813806 competitively bid regardless of whether bidding is required
3782-under Alabama's competitive bid law, no member of any county
3783-commission and no business with which any county commissioner
3784-is associated shall A county commissioner, family member of a
3785-county commissioner, or associated business of a county
3786-commissioner may not be a party to any contract for goods or
3787-services with the county commission on which he or she serves ,
3788-unless the contract is competitively bid, regardless of
3789-whether bidding is required under the competitive bid laws of
3790-this state. Except where a contract for goods or services is
3791-competitively bid regardless of whether bidding is required
3792-under Alabama's competitive bid law, no county commission
3793-shall award any contract to a family member of a county
3794-commissioner. Under no circumstances shall a county
3795-commissioner participate in the bid preparation or review of a
3796-bid that is received from the county commissioner, a business
3797-with which he or she is associated, or a family member of the
3798-county commissioner , or an associated business of the county
3799-commissioner, and a county commissioner shall not deliberate
3800-or vote on acceptance of a bid submitted by the county
3801-commissioner, a business with which he or she is associated,
3802-or a family member of the county commissioner , or an
3803-associated business of the county commissioner .
3804-(b) No A county commissioner shall may not employ a
3805-family member to do any work for the county; provided,
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3836+competitively bid regardless of whether bidding is required
3837+under Alabama's competitive bid law, no member of any county
3838+commission and no business with which any county commissioner
3839+is associated shall A county commissioner, family member of a
3840+county commissioner, or associated business of a county
3841+commissioner may not be a party to any contract for goods or
3842+services with the county commission on which he or she serves ,
3843+unless the contract is competitively bid, regardless of
3844+whether bidding is required under the competitive bid laws of
3845+this state. Except where a contract for goods or services is
3846+competitively bid regardless of whether bidding is required
3847+under Alabama's competitive bid law, no county commission
3848+shall award any contract to a family member of a county
3849+commissioner. Under no circumstances shall a county
3850+commissioner participate in the bid preparation or review of a
3851+bid that is received from the county commissioner, a business
3852+with which he or she is associated, or a family member of the
3853+county commissioner , or an associated business of the county
3854+commissioner, and a county commissioner shall not deliberate
3855+or vote on acceptance of a bid submitted by the county
3856+commissioner, a business with which he or she is associated,
3857+or a family member of the county commissioner , or an
3858+associated business of the county commissioner .
3859+(b) No A county commissioner shall may not employ a
38353860 family member to do any work for the county; provided,
38363861 however, the family member of a county commissioner may be
38373862 employed by the county if the family member is hired pursuant
38383863 to a county personnel policy that does not require a vote of
38393864 the county commission or if the county commissioner does not
3840-participate in the hiring process through recommendation,
3841-deliberation, vote, or otherwise.
3842-(c) Any county commissioner in violation of this
3843-section shall be guilty of a Class A misdemeanor.
3844-(d) In compliance with Section 36-25-11, any contract
3845-executed with a member of the county commission or with a
3846-business with which a county commissioner is associated shall
3847-be filed with the Ethics Commission within 10 days after the
3848-contract has been executed.
3849-(d) Any contract executed in violation of this section
3850-shall be void by operation of law and any person individual
3851-employed by the county in violation of this section shall
3852-forfeit his or her employment by operation of law.
3853-(e) For the purposes of this section, the definition of
3854-family member shall be the same as the definition in
3855-subdivision (15) of Section 36-25-1 for the family member of a
3856-public official terms "family member" and "associated
3857-business" shall have the same meanings as defined in Section
3858-36-25B-2."
3859-Section 10. Although this bill would have as its
3860-purpose or effect the requirement of a new or increased
3861-expenditure of local funds, the bill is excluded from further
3862-requirements and application under Section 111.05 of the
3863-Constitution of Alabama of 2022, because the bill defines a
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3893-Constitution of Alabama of 2022, because the bill defines a
3894-new crime or amends the definition of an existing crime.
3895-Section 11. This act shall become effective on June 1,
3894+the county commission or if the county commissioner does not
3895+participate in the hiring process through recommendation,
3896+deliberation, vote, or otherwise.
3897+(c) Any county commissioner in violation of this
3898+section shall be guilty of a Class A misdemeanor.
3899+(d) In compliance with Section 36-25-11, any contract
3900+executed with a member of the county commission or with a
3901+business with which a county commissioner is associated shall
3902+be filed with the Ethics Commission within 10 days after the
3903+contract has been executed.
3904+(d) Any contract executed in violation of this section
3905+shall be void by operation of law and any person individual
3906+employed by the county in violation of this section shall
3907+forfeit his or her employment by operation of law.
3908+(e) For the purposes of this section, the definition of
3909+family member shall be the same as the definition in
3910+subdivision (15) of Section 36-25-1 for the family member of a
3911+public officialterms "family member" and "associated business"
3912+shall have the same meanings as defined in Section 36-25B-2 ."
3913+Section 10. This act shall become effective on June 1,
38963914 2025.
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3901-2025.
3902-House of Representatives
3903-Read for the first time and referred
3904-to the House of Representatives
3905-committee on Ethics and Campaign
3906-Finance
3907-................22-Feb-24
3908-Read for the second time and placed
3909-on the calendar:
3910- 1 amendment
3911-................06-Mar-24
3912-Read for the third time and passed
3913-as amended
3914-Yeas 79
3915-Nays 9
3916-Abstains 15
3917-................02-Apr-24
3918-John Treadwell
3919-Clerk
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