HB227ENGROSSED
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HB227
USJ7XXD-2
By Representative Simpson
RFD: Ethics and Campaign Finance
First Read: 22-Feb-24
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First Read: 22-Feb-24
A BILL
TO BE ENTITLED
AN ACT
Relating to government ethics; to amend Sections
13A-10-60 and 13A-10-61, Code of Alabama 1975, to provide
further for the crime of bribery; to add Section 13A-10-61.1,
Code of Alabama 1975, to establish the crime of using public
office for pecuniary benefit; to repeal Sections 13A-10-62 and
13A-10-82, relating to crimes in public office; to repeal
Chapter 25 and add a new Chapter 25B to Title 36, Code of
Alabama 1975, to replace the public ethics code; to provide
further for the appointment of members of the State Ethics
Commission and the director of the commission; to revise the
duties of the commission; to revise the scope of penalties for
violations of the ethics code to include private censures and
public reprimands and to exclude criminal violations; to
provide for appeals of decisions of the commission; to provide
further for formal and informal advisory opinions issued by
the commission; to revise who must file and what must be
disclosed in the Statement of Economic Interests; to provide
definitions; to prohibit public servants from taking official
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definitions; to prohibit public servants from taking official
action that would result in a conflict of interest; to
prohibit certain persons termed "prohibited sources" from
giving gifts to certain public servants and prohibit public
servants from receiving gifts from certain prohibited sources;
to revise the revolving door provisions; to add Section
36-15-1.2 to the Code of Alabama 1975, to further provide for
the duties of the Attorney General; to amend Section 11-3-5,
Code of Alabama 1975, to make conforming changes to provisions
governing certain public contracts entered into by counties;
to define terms; and in connection therewith would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds within the meaning of Section
111.05 of the Constitution of Alabama of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-10-60 and 13A-10-61, Code of
Alabama 1975, are amended to read as follows:
"§13A-10-60
(a) The definitions contained in Section 13A-10-1 are
applicable in this article unless the context otherwise
requires.
(b) The following definitions also apply to this
article:
(1) BENEFIT. Any gain or advantage to the beneficiary,
including any gain or advantage to a third person pursuant to
the desire or consent of the beneficiary.
(2)(3) PECUNIARY BENEFIT. Benefit in the form of money,
property, commercial interests , or anything else the primary
significance of which is economic gain. Expenses associated
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significance of which is economic gain. Expenses associated
with social occasions afforded public servants and party
officers shall not be deemed a pecuniary benefit within the
meaning of this article.
(3)(4) PUBLIC SERVANT. As used in this article, such
term includes persons An individual who presently occupy
occupies the position of a public servant, as defined in
Section 13A-10-1 (7), or have has been elected, appointed , or
designated to become a public servant although not yet
occupying that position.
(4)(2) PARTY OFFICER. A person An individual who holds
any position or office in a political party, whether by
election, appointment , or otherwise."
"§13A-10-61
(a) A person commits the crime of bribery if:
(1) He or she offers, confers, or agrees to confer any
thing of value anything upon a public servant or any person
closely associated with the public servant with the intent
that the public servant's vote, opinion, judgment, exercise of
discretion, or other action in his or her official capacity
will thereby be corruptly influenced; or
(2) While a public servant, he or she solicits,
accepts, or agrees to accept any pecuniary benefit anything
for himself, herself, or any other person upon an agreement or
understanding that his the public servant's vote, opinion,
judgment, exercise of discretion , or other action as a public
servant will thereby be corruptly influenced.
(b) For purposes of this section, "person closely
associated with the public servant" means a spouse, dependent,
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associated with the public servant" means a spouse, dependent,
or associated business as the term "associated business" is
defined in Section 36-25B-2, of the public servant.
(b)(c) It is not a defense to a prosecution under this
section that the person sought to be influenced was not
qualified to act in the desired way, whether because he or she
had not yet assumed office, lacked jurisdiction , or for any
other reason.
(c)(d) Bribery is a Class C B felony."
Section 2. Section 13A-10-61.1 is added to the Code of
Alabama 1975, to read as follows:
§13A-10-61.1
(a) A public servant commits the crime of using public
office for pecuniary benefit if:
(1) A public servant knowingly uses or causes to be
used his or her public office or position to obtain a
pecuniary benefit for the public servant or any other person.
(2) A public servant knowingly uses or causes to be
used equipment, facilities, time, materials, human labor, or
other public property under his or her discretion or control
for the pecuniary benefit of the public servant or any other
person, or for a principal campaign committee, as defined in
Section 17-5-2.
(3) A public servant or former public servant knowingly
uses, causes to be used, or discloses confidential information
gained in the course of or by reason of his or her position or
employment in any way that results in a pecuniary benefit for
himself or herself or for any other person.
(b) It is not a violation of this section in any of the
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(b) It is not a violation of this section in any of the
following circumstances:
(1) The public servant is acting pursuant to another
law, a lawful employment agreement, or an agency policy.
(2) The use of public property under subdivision (a)(2)
is in the same or a similar manner as is available for use by
the general public and involves minimal to no additional cost
to the state or the applicable governmental body.
(3) The information under subdivision (a)(3), at the
time of use or disclosure, was a public record under state law
or was publicly known or readily available to the general
public through the public servant’s governmental body or any
other public source.
(c)(1) If a public servant violates this section and
the pecuniary benefit to the public servant or other person
is less than one thousand five hundred dollars ($1,500), the
Attorney General or applicable district attorney may refer the
matter to the State Ethics Commission for a determination by
the commission of whether the public servant violated Section
36-25B-40 or any other provision of the Alabama Ethics Act.
(2) A public servant who violates this section, upon
conviction, is guilty of a Class A misdemeanor when the
pecuniary benefit to the public servant or other person is
material but less than two thousand five hundred dollars
($2,500).
(3) A public servant who violates this section, upon
conviction, is guilty of a Class C felony when the pecuniary
benefit to the public servant or other person is equal to or
exceeds two thousand five hundred dollars ($2,500), but less
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exceeds two thousand five hundred dollars ($2,500), but less
than ten thousand dollars ($10,000).
(4) A public servant who violates this section, upon
conviction, is guilty of a Class B felony when the pecuniary
benefit to the public servant or other person is equal to or
exceeds ten thousand dollars ($10,000).
Section 3. Section 13A-10-62, which specifies the crime
of failing to disclose a conflict of interest, and Section
13A-10-82, which specifies the crime of misuse of public
information, are repealed.
Section 4. Section 36-15-1.2 is added to the Code of
Alabama 1975, to read as follows:
§36-15-1.2
(a) Upon the request of any public servant, as that
term is defined in Section 13A-10-60, or upon his or her own
volition, the Attorney General shall give his or her opinion,
in writing, on any question of law under Section 13A-10-61.1
as it relates to any proposed conduct or activity as presented
in the request or opinion, whether based on real or
hypothetical circumstances.
(b) The Attorney General shall establish and publish on
its website guidelines on how to submit a request for an
opinion under this section.
(c) The provisions of Section 36-15-19 shall apply to
an opinion issued pursuant to this section.
Section 5. Chapter 25 of Title 36, Code of Alabama
1975, which sets forth the ethics laws for public officials
and public employees, is repealed.
Section 6. A violation or offense of Chapter 25 of
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Section 6. A violation or offense of Chapter 25 of
Title 36, Code of Alabama 1975, committed prior to June 1,
2025, is not affected by the repeal of Chapter 25, and any
prosecution or proceeding before the State Ethics Commission
for any violation or offense in Chapter 25 pending on June 1,
2025, shall proceed as if the chapter was not repealed.
Section 7. Chapter 25B is added to Title 36, Code of
Alabama 1975, to read as follows:
Article 1. General Provisions
§36-25B-1 Short Title
This chapter shall be known and may be cited as the
Alabama Ethics Act.
§36-25B-2 Definitions
Whenever used in this chapter, the following terms have
the following meanings:
(1) AGENCY HEAD. The director or chief administrative
officer of a governmental body.
(2) ASSOCIATED BUSINESS. A business of which a public
servant or his or her family member is an officer, director,
manager of a limited liability company, employee, or an owner
or holder of more than five percent of the fair market value
of the business.
(3) BUSINESS. Any corporation, partnership,
proprietorship, firm, enterprise, franchise, self-employed
individual, or other business entity.
(4) CANDIDATE. The term as defined in Section 17-5-2.
(5) COMMISSION. The State Ethics Commission.
(6) CONFLICT OF INTEREST. A substantial financial
interest that materially and uniquely affects a public servant
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interest that materially and uniquely affects a public servant
or a person closely associated with a public servant in a
manner different from the manner in which the financial
interest affects other members of the class to which that
public servant or person closely associated with a public
servant belongs.
(7) DAY. Calendar day.
(8) DEPENDENT. An individual claimed as a dependent for
income tax purposes.
(9) DIRECTOR. The Executive Director of the commission.
(10) ECONOMIC DEVELOPMENT PROFESSIONAL. a. An
individual seeking to advance specific, good faith economic
development or trade promotion projects or related objectives
for a business; a chamber of commerce or similar nonprofit
economic development organization in this state; a city, a
county, a political subdivision of the state; or a
governmental corporation or authority.
b. The term does not include elected officials,
legislators, or any former legislator within two years of the
end of the term for which he or she was elected.
(11) ENTITY. A business, union, association, committee,
club, organization, or other legal entity.
(12) FAMILY MEMBER. The spouse or a dependent.
(13) GIFT. Any single item or thing with a value
greater than one hundred dollars ($100), or any number of
items or things with a cumulative or aggregate value exceeding
five hundred dollars ($500) within a 12-month period, other
than any of the following:
a. A lawful campaign contribution or a contribution to
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a. A lawful campaign contribution or a contribution to
an inaugural or transition committee that is established by or
on behalf of a public official elected or appointed to a
public office.
b. Any campaign advice or other support that is not
considered a contribution under the Fair Campaign Practices
Act, Chapter 5 of Title 17.
c. Any financial transaction entered into in the
ordinary course of business on terms generally available to
similarly situated members of the public.
d. Anything paid for by a governmental body or an
entity created by a governmental body to support the
governmental body or secured by a governmental body under
contract, except for tickets to a sporting event offered by an
educational institution to any person other than faculty,
staff, or administration of the institution.
e. Anything provided by an association or organization
to which the state or a local government pays dues.
f. Compensation or benefits earned or received from an
associated business, from a client or prospective employer, or
from a vendor of an associated business, unless the
circumstances make it clear that the purpose of the
compensation or benefit is to substantially influence the
public servant.
g. Flowers and items with little intrinsic value which
are intended solely for presentations, such as plaques,
certificates, and trophies, and promotional items commonly
distributed to the general public.
h. Anything provided through inheritance.
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h. Anything provided through inheritance.
(14) GOVERNMENTAL BODY. a. Any department, agency,
office, commission, board, or other political subdivision at
the state or local level in the executive, legislative, or
judicial branch. The term includes local boards of education,
public institutions of higher education, regulatory bodies,
the Legislature, local legislative bodies, and public or
private corporations or authorities established pursuant to
state law for the purpose of carrying out a specific
governmental function.
b. For purposes of lobbyist registrations, each
governmental body shall be considered a separate entity, as
described in Section 36-25B-60(b)6.a.
(15) LEGISLATIVE CAUCUS. A legislative caucus
registered pursuant to Section 17-5-5.1.
(16) LEGISLATURE. Includes both the Senate of Alabama
and the House of Representatives of Alabama, and unless
expressly specified otherwise, any committee or subcommittee
thereof.
(17) LOBBY or LOBBYING. a. Any act to influence or
attempt to influence:
1. Any legislative action, including executive
amendment, veto, or approval of legislation;
2. Any rulemaking action; or
3. The awarding of a grant or contract with any
governmental body.
b. The term does not include any of the following:
1. Providing public testimony before a governmental
body or as part of an administrative proceeding.
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body or as part of an administrative proceeding.
2. Carrying out ongoing negotiations following the
award of a bid or contract.
3. Rendering legal services in a legal matter before a
governmental body.
4. Responding to a request from a public servant or
governmental body for information.
5. Providing professional services in drafting bills,
advising clients, and rendering opinions as to the
construction and effect of proposed or pending legislation,
executive action, or rules.
(18) LOBBYIST. a. An individual who is engaged in
lobbying and receives compensation or reimbursement for such
engagement. In the case of an individual who is an officer,
director, manager of a limited liability company, employee, or
an owner or holder of more than five percent of the fair
market value of a business, the term only applies to that
individual if he or she engages in lobbying for the entity as
a regular and usual part of the individual's activities on
behalf of the entity.
b. The term does not include any of the following:
1. A reporter or editor while pursuing normal
reportorial and editorial duties.
2. A public servant who lobbies as part of his or her
official duties.
3. An individual seeking a contract or grant at the
county or municipal level of government.
4. An individual acting as an economic development
professional who is not otherwise required to register as a
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professional who is not otherwise required to register as a
lobbyist, unless and until he or she seeks incentives through
legislative action in the Legislature that are above and
beyond, or in addition to, the then current statutory or
constitutional authorization.
5. Any citizen not lobbying for compensation who is
merely exercising his or her constitutional right to
communicate with a governmental body.
6. An agency head or his or her designee who provides
or communicates information relating to policies or positions
affecting the governmental body that he or she represents.
(19) LOCAL LEGISLATIVE BODY. The term includes both of
the following:
a. A county commission and any committee or
subcommittee thereof.
b. A city council, city commission, town council, or
other municipal council or commission, and any committee or
subcommittee thereof.
(20) OFFENSE. A conclusive finding by the commission
that a violation has occurred arising out of a specific set of
circumstances. Second, third, and subsequent offenses are
separate offenses that arise out of distinct sets of
circumstances or events.
(21) PERSON. An individual or entity.
(22) PERSON CLOSELY ASSOCIATED. A family member or
associated business.
(23) PRINCIPAL. Includes both of the following:
a. The person or governmental body who employs, hires,
or otherwise retains a lobbyist.
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or otherwise retains a lobbyist.
b. If the principal is an entity or governmental body,
the primary individual who directs the activities of the
lobbyist and is designated to sign the lobbyist registration
form under Section 36-25B-60(b)(4).
(24) PROHIBITED SOURCE. With respect to a public
servant, all of the following :
a. A lobbyist who engages in lobbying or seeks to
engage in lobbying the public servant's governmental body.
b. The principal of a lobbyist described in paragraph
a.
c. A person that is doing business or seeking to do
business with the public servant's governmental body.
d. A person that is conducting or seeking to conduct
activities, other than ordinary activities conducted by the
general population, that are regulated by the public servant's
governmental body.
e. A person that is seeking or intends to seek official
action or to influence official action by the public servant's
governmental body.
(25) PUBLIC EMPLOYEE. a. An individual employed by a
governmental body.
b. The term does not include any of the following:
1. An individual employed on a part-time basis whose
employment is limited to providing professional services other
than lobbying, the compensation for which constitutes less
than 50 percent of the part-time employee's annual income.
2. An employee of a hospital or other health care
corporation, including a contract employee of a hospital or
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corporation, including a contract employee of a hospital or
health care corporation.
3. An employee who is not paid in whole or in part from
state, county, or municipal funds.
4. An individual employed or appointed to an insurance
underwriting association or a guaranty association organized
under Title 27 and subject to the immediate supervision of the
Commissioner of Insurance.
(26) PUBLIC OFFICIAL. a. An individual elected, whether
or not that individual has taken office, or appointed to a
public office in a governmental body.
b. The term does not include:
1. A judge or other individual wholly governed by the
Alabama Canons of Judicial Ethics; or
2. An individual subject to Rule 12(c)(1) of the
Alabama Rules of Disciplinary Procedure.
(27) PUBLIC SERVANT. A public employee or public
official.
(28) REGULATORY BODY. A state agency that adopts rules
or a state, county, or municipal department, agency, board, or
commission that controls, according to rule or regulation, the
activities, business licensure, or functions of any person.
(29) VALUE. The fair market price of a like item if
purchased by a private citizen. In the case of tickets to
social and sporting events and associated passes, the value is
the printed or published face value of the ticket or pass.
§36-25B-3 Construction of Chapter In Pari Materia
This chapter shall be construed in pari materia with
other laws dealing with the subject of ethics, including, but
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other laws dealing with the subject of ethics, including, but
not limited to, Title 13A.
§36-25B-4 Applicability of Chapter to Other Laws
Nothing in this chapter shall affect any other law that
requires or exempts a person from complying with any provision
of Chapter 25 of this title or the ethics laws of the state.
Any reference to Chapter 25 of this title shall be considered
a reference to this chapter.
§36-25B-5 Conducting Political Activity Allowed
Nothing in this chapter shall be deemed to limit the
right of a public servant to publicly or privately express his
or her support for, or to encourage others to support and
contribute to, any principal campaign committee as defined in
Section 17-5-2, political action committee as defined in
Section 17-5-2, referendum, ballot question, issue, or
constitutional amendment.
§36-25B-6 College and University Technology Transfer
Nothing in the chapter shall be deemed to limit or
restrict the ability of public institutions of higher
education, along with the public servants within the
institutions, to accept and award grants, conduct research,
collaborate with persons both within and outside the
institution, enter into technology transfer agreements, and
otherwise commercialize, protect, and share intellectual
property by agreement in accordance with institution policy.
§36-25B-7 Additional Discipline
Nothing in this chapter limits:
(1) The power of the Legislature or a local legislative
body to discipline its own members or to impeach public
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body to discipline its own members or to impeach public
officials; or
(2) The powers of a governmental body to discipline its
respective public officials or public employees.
§36-25B-8 Whistleblower Protections
(a) As used in this section, "report of a violation" or
"reports a violation" means a communication made in writing,
in good faith, by a public servant to his or her supervisor or
to the commission of a violation, or what the public servant
believes in good faith to be a violation, of this chapter. The
term includes, but is not limited to, filing a complaint,
initiating a complaint, or giving truthful statements or
truthful testimony concerning an alleged violation.
(b)(1) A supervisor shall not discharge, demote,
transfer, or otherwise take an adverse employment action
against a public servant in retaliation for reporting to a
governmental body, under oath or in the form of an affidavit,
a violation of this chapter.
(2) A supervisor who violates subdivision (1) shall be
subject to civil action in circuit court. A public servant may
bring a civil action in circuit court for an alleged violation
of this subsection within two years after the occurrence of
the adverse action taken against the public servant. The court
may order reinstatement of employment, payment of back wages,
or compensatory damages, or any combination of these remedies
in a civil action initiated under this subsection.
(c) Nothing in this chapter shall be construed in any
manner to prevent or prohibit or otherwise limit a supervisor
from disciplining, discharging, transferring, or otherwise
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from disciplining, discharging, transferring, or otherwise
affecting the terms and conditions of a public servant's
employment so long as the disciplinary action does not result
from, or is in no other manner connected with, the public
servant's good faith filing of a complaint with the
commission, giving truthful statements, or truthfully
testifying in an investigation conducted by the commission.
(d) A public servant may not file a complaint or
otherwise initiate action against another public servant,
including his or her supervisor, without a good faith basis
for believing the complaint to be true and accurate. A public
servant who files a complaint without a good faith belief in
the truthfulness and accuracy of the complaint shall be
subject to a civil action in the circuit courts in the State
of Alabama pursuant to the Alabama Rules of Civil Procedure
and additionally is subject to appropriate and applicable
personnel action.
Article 2. State Ethics Commission
§36-25B-20 Commission Established; Membership
(a) The State Ethics Commission is continued in
existence as an instrumentality of the state under the
direction and supervision of the commissioners.
(b)(1) Members of the commission shall be composed of
five individuals who shall be appointed on a rotating basis by
the following public officials in the following repeating
order: The Governor, the President of the Senate, the Speaker
of the House of Representatives, the Secretary of State, and,
on an alternating basis, either the House of Representatives
Minority Leader or the Senate Minority Leader.
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Minority Leader or the Senate Minority Leader.
(2) The commission membership shall be inclusive so
that diversity of gender, race, and geographical areas is
reflective of the makeup of this state. Subject to subdivision
(c)(2), the appointing authorities shall coordinate their
appointments so that there is always at least: (i) one member
who has served as a prosecutor within a district attorney's
office for at least 10 years; (ii) one member who has served
as a judge for at least 10 years; and (iii) one member who has
worked as a criminal defense attorney with at least 10 years
of legal experience. All members of the commission must be a
resident of this state and of high moral character and
ability. The retirement or supernumerary status of a former
public official serving as a member shall not be suspended or
impacted while serving as a member. Nothing in this
subdivision shall be deemed to prevent a supernumerary
district attorney from serving as a member of the commission.
(3) Appointments shall be subject to Senate
confirmation.
(c)(1) Commissioners shall serve for a term of five
years with a term beginning on September 1 of the year
appointed and ending on August 31 of the fifth year of that
term. Appointed individuals shall assume their duties on
September 1 or immediately thereafter if appointed after the
start of the term, even if not yet confirmed by the Senate. If
a newly appointed commissioner is not confirmed during the
first regular session of the Legislature in which confirmation
may occur, the appropriate appointing authority shall appoint
another individual who shall immediately begin serving and be
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another individual who shall immediately begin serving and be
subject to Senate confirmation no later than the next regular
legislative session.
(2) Commissioners serving on June 1, 2025, shall
continue to serve until their respective term expires.
(3) The following individuals are not eligible to be
appointed or serve as commissioners:
a. A public servant other than a supernumerary district
attorney.
b. A candidate.
c. A lobbyist or a principal.
d. A former employee of the commission.
(d) A member shall serve at the pleasure of his or her
respective appointing authority, but may only be removed by
the respective appointing authority upon such proof as would
authorize the impeachment of a district attorney.
(e) If at any time there is a vacancy in the membership
of the commission, a successor commissioner shall be appointed
by the original appointing authority to serve for the
unexpired term and shall be subject to Senate confirmation as
further provided in this section. A commissioner may not be
reappointed to succeed himself or herself unless the prior
service was for less than a full term. A vacancy in the
membership of the commission does not impair the right of the
remaining commissioners to exercise all the powers of the
commissioners as a whole.
(f) Commissioners shall elect one member to serve as
chair of the commission and one member to serve as vice chair.
The vice chair shall act as chair in the absence or disability
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The vice chair shall act as chair in the absence or disability
of the chair or in the event of a vacancy in that office.
(g) Three commissioners shall constitute a quorum. No
official action may be taken by the commissioners in the
absence of a quorum.
(h) The commissioners, while conducting official
business, shall be entitled to receive compensation at the
rate of two hundred fifty dollars ($250) per day, and each
commissioner, when approved by the chair, shall be paid his or
her travel expenses incurred in the performance of his or her
duties as a commissioner as other state employees and
officials are paid. If for any reason a commissioner wishes
not to claim and accept the compensation or travel expenses,
the commissioner shall inform the director, in writing, of the
refusal. The commissioner, at any time during his or her term,
may begin accepting compensation or travel expenses; however,
the commissioner's refusal for any covered period shall act as
an irrevocable waiver for that period.
§36-25B-21 Director and Other Employees of Commission
(a)(1) The commissioners shall appoint a full-time
director who shall serve at the pleasure of the commissioners.
The director shall be an attorney licensed to practice law in
this state. The director shall be subject to confirmation by
the Senate during the first regular session of the Legislature
in which confirmation may occur, however this does not affect
the right or authority of the director to act pending
confirmation or rejection. If the director is not confirmed
during the applicable legislative session, his or her service
shall be terminated not more than 30 days after the applicable
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shall be terminated not more than 30 days after the applicable
legislative session adjourns sine die and the commissioners
shall immediately appoint another individual who shall
immediately begin serving. The new director shall be subject
to Senate confirmation no later than the next regular
legislative session. No appointee whose confirmation is
rejected by the Senate may be reappointed.
(2) Beginning June 1, 2025, the director shall serve
for a term of five years and until a qualified successor is
appointed. The director may be appointed for more than one
term, provided he or she is reconfirmed by the Senate as
described in subdivision (1).
(3) If the Attorney General, after conducting an
investigation, recommends to the Legislative Council that the
director be removed for a cause described in Section 173 of
the Constitution of Alabama of 2022, the director shall be
removed if affirmed by a majority vote of the council members
from the Senate and a majority vote of the council members
from the House of Representatives.
(4) The compensation of the director shall be fixed by
the commissioners, payable as the salaries of other state
employees.
(5) Under the direction and supervision of the
commissioners, the director shall be responsible for the
administrative operations of the commission and shall
administer this chapter in accordance with this chapter and
rules and commission policies adopted thereunder.
(b) The director shall employ other employees of the
commission as needed, including investigators, as necessary to
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commission as needed, including investigators, as necessary to
conduct investigations under this chapter. All employees of
the commission, except the director, shall be employed subject
to the state Merit System, and their compensation shall be
prescribed pursuant to that law. The employment of attorneys
shall be subject to subsection (e).
(c) The investigators shall be and are constituted law
enforcement officers of the State of Alabama with full and
unlimited police power and jurisdiction to enforce the laws of
this state pertaining to the operation and administration of
this chapter. Investigators shall be certified by the Alabama
Peace Officers' Standards and Training Commission.
Notwithstanding the foregoing, investigators shall only
exercise their power of arrest as granted under this chapter
pursuant to an order issued by a court of competent
jurisdiction.
(d) The director may appoint certified court reporters
to take and transcribe the testimony in any hearing or
investigation before the commission or before any individual
authorized by the commission, or as required under Section
36-25B-85. The reporters are not full-time employees of the
commission, are not subject to the state Merit System, and may
not participate in the Employees' Retirement System of
Alabama.
(e)(1) The director may employ an attorney, upon
approval by the Attorney General, as general counsel who shall
be granted status as a deputy attorney general and shall not
be subject to the state Merit System. The general counsel
shall be subject Rule 3.8 of the Alabama Rules of Professional
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shall be subject Rule 3.8 of the Alabama Rules of Professional
Conduct.
(2) The director may employ other competent attorneys
as legal counsel for the commission. Each attorney so
appointed shall be licensed to practice law in this state and
be a member in good standing of the Alabama State Bar
Association.
(f) The director, commissioners, and all employees of
the commission may not engage in partisan political activity,
including making any campaign contribution, at the state,
county, and local level, and may not make any public statement
for a period of 120 days before an election about a candidate,
regardless of whether or not a candidate has a matter pending
before the commission, other than a comment directly relating
to the final disposition of the matter. This subsection shall
in no way limit or restrict an individual's ability to vote in
any election.
§36-25B-22 General Duties of Commission
The commission shall do all of the following:
(1) Inform and train public servants, candidates, and
lobbyists of the ethics standards, reporting deadlines, and
other requirements set forth in this chapter through regularly
conducted and readily available educational programs and
assist them in understanding and complying with those
standards and requirements.
(2) Prescribe forms for reports and statements that are
required to be filed under this chapter, establish guidelines
and requirements for filing the reports and statements, and
make the forms, guidelines, and requirements available for
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make the forms, guidelines, and requirements available for
public servants, lobbyists, principals, prohibited sources,
and any other person as needed or required.
(3) Upon written request, provide advice or opinions
concerning proposed future conduct or action as it relates to
this chapter in the form of either formal or informal
opinions, as further provided in Section 36-25B-27.
(4) Examine all reports and statements filed with the
commission and identify any discernible errors, omissions, or
other violations of the filing requirements established
pursuant to this chapter.
(5) Provide public access to copies of all reports and
statements filed with the commission pursuant to this chapter,
including publicly posting the reports and statements,
excluding information specifically required to be redacted
pursuant to this chapter.
(6) Maintain an official website that contains
information as required pursuant to this chapter and other
information as necessary to assist public servants, lobbyists,
principals, prohibited sources, and other entities to comply
with the requirements of this chapter while promoting
transparency and public trust. Information posted on the
commission's website shall be readily searchable and
accessible to the public.
(7) Accept and investigate written complaints made to
the commission alleging violations of this chapter, as further
provided in Section 36-25B-81.
(8) Conduct full investigations and, if applicable,
hold contested case hearings regarding potential violations of
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hold contested case hearings regarding potential violations of
this chapter, as further provided in Article 5.
(9) Upon completion of an investigation and a hearing
by the commission, make determinations whether violations of
this chapter have occurred and impose civil penalties and
restitution, if appropriate, issue private warnings or public
reprimands, or enter into consent decrees, as further provided
in this chapter.
(10) Report suspected criminal violations to the
Attorney General or the appropriate district attorney, as
applicable, for further investigation and potential
prosecution.
(11) When in the commission's opinion a thorough audit
of a governmental body should be conducted in order to
determine whether this chapter has been violated, request the
Department of Examiners of Public Accounts to have an audit
made and a report filed with the commission. The Department of
Examiners of Public Accounts, upon receipt of the directive,
shall comply therewith.
(12) At the close of each fiscal year, or as soon
thereafter as practicable, report to the Legislature and the
Governor concerning all official actions the commission has
taken, the name, salary, and duties of the director, the names
and duties of all individuals in its employ, the money it has
disbursed, other relevant matters within its jurisdiction, and
such recommendations for legislation as the commission deems
appropriate. The commission shall post the report on the
commission's website.
(13) Adopt rules pursuant to the Alabama Administrative
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(13) Adopt rules pursuant to the Alabama Administrative
Procedures Act, as needed or required, to implement this
chapter.
§36-25B-23 Commission's Duties under the Fair Campaign
Practices Act
In addition to the duties set forth in Section
36-25B-22, the commission shall coordinate with the Secretary
of State to implement the reporting requirements of the
Alabama Fair Campaign Practices Act, Chapter 5 of Title 17,
and shall do all of the following:
(1) Review and approve all forms created by the
Secretary of State which are required by the Fair Campaign
Practices Act prior to use and publication by the Secretary of
State.
(2) Recommend accounting methods for candidates,
principal campaign committees, and political action committees
in connection with reports and filings required by the Fair
Campaign Practices Act.
(3) Review and approve a retention policy created by
the Secretary of State for all reports, filings, and
underlying documentation required by the Fair Campaign
Practices Act prior to use and publication by the Secretary of
State.
(4) Review and approve a manual created by the
Secretary of State for all candidates, principal campaign
committees, and political action committees describing the
requirements of the Fair Campaign Practices Act prior to use
and publication by the Secretary of State.
(5) Upon written request, provide advice or opinions
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(5) Upon written request, provide advice or opinions
concerning proposed future conduct or action as it relates to
the Fair Campaign Practices Act in the form of either formal
or informal opinions, as further provided in Section
38-25B-27.
(6) Conduct audits of any filings required under the
Fair Campaign Practices Act if evidence exists that an audit
is warranted because of the filing of a complaint pursuant to
Section 36-25B-81 or if there exists a material discrepancy,
error, omission, or conflict on the face of any filing
required by the Fair Campaign Practices Act.
(7) Accept and investigate written complaints made to
the commission alleging violations of the Fair Campaign
Practices Act, as further provided in Section 36-25B-81.
(8) Conduct investigations and hold hearings regarding
potential violations of the Fair Campaign Practices Act, as
further provided in Article 5.
(9) Upon completion of an investigation and hearing,
make determinations whether probable cause exists that a
criminal violation of the Fair Campaign Practices Act has
likely occurred and if appropriate, refer the determination
and all evidence and necessary information to the Attorney
General or appropriate district attorney for further
investigation and potential prosecution.
(10) Upon completion of an investigation and a hearing,
if applicable, in which the commission conducts an
administrative review of the assessment of civil penalties
under Section 17-5-19.2, affirm, set aside, or reduce civil
penalties as provided in Section 17-5-19.2.
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penalties as provided in Section 17-5-19.2.
§36-25B-24 Commission Funding
(a) The Legislature shall appropriate to the commission
such sums as it deems necessary for the commission to carry
out the duties and functions required under this chapter.
(b) Notwithstanding any other provision of law to the
contrary, the annual appropriation to the commission in the
State General Fund Appropriations Act shall not be less than
one-tenth of one percent of the total State General Fund
amount appropriated in the State General Fund Appropriations
Act unless a lower appropriation amount is expressly approved
by two-thirds of the membership of the House of
Representatives and two-thirds of the membership of the
Senate.
(c) All fees, penalties, and fines collected by the
commission pursuant to this chapter shall be deposited into
the State General Fund.
(d) All monies collected as reasonable payment of costs
for copying, reproductions, publications, and lists shall be
deemed a refund against disbursement and shall be deposited
into the appropriate fund account for the use of the
commission.
§36-25B-25 Training
(a) The commission shall conduct regularly scheduled
training programs on the requirements and restrictions of this
chapter as they specifically apply to public servants,
lobbyists, prohibited sources, and other individuals and
entities subject to this chapter. The commission shall
establish a schedule for training programs that provides:
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establish a schedule for training programs that provides:
(1) For members of the Legislature, in-person training
not more than 65 days after the start of each quadrennium at a
time agreeable to the director and the Legislative Council,
and for any member whose service begins at a different time,
in-person or online training not more than 60 days after being
sworn into office.
(2) For statewide constitutional officers, cabinet
members, and executive staff, as determined by the Governor,
in-person training not more than 30 days after the Governor
has been sworn into office at a time determined by the
Governor, and for any individual whose service begins at a
different time, in-person or online training not more than 60
days after beginning service.
(3) For municipal mayors, council members and
commissioners, county commissioners, and members of any local
board of education, in-person or online training not more than
60 days after the beginning of the term of office at times
agreeable to the director and the Alabama League of
Municipalities, the Association of County Commissions of
Alabama, and the Alabama Association of School Boards, and for
any such official whose service begins at a different time,
in-person or online training not more than 60 days after being
sworn into office.
(4) For other public servants who are required to
complete a statement of economic interests under Section
36-25B-62, in-person or online training not more than 90 days
after commencing public service.
(5) For lobbyists, in-person or online training not
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(5) For lobbyists, in-person or online training not
more than 30 days after submitting a lobbyists registration
form under Section 36-25B-60.
(b)(1) The director, in consultation with the legal
counsel or agency head of the applicable governmental body,
shall determine the subject matter to be covered in the
training programs which shall be customized to address the
relevant requirements, prohibitions, and restrictions as they
apply to the various individuals listed in subsection (a). At
a minimum, training shall include a review of the current law
and formal advisory opinions and a discussion of relevant
cases or scenarios.
(2) Faculty for the training programs may include the
staff of the commission, members of the faculties of the
various law schools in the state, members of the press and
media, and other individuals deemed appropriate by the
director.
(c) The director, by rule, shall determine the digital
format of online training programs and for live, online
training, the scheduled dates of the actual training. Evidence
of completion of online training may be provided to the
commission via an electronic reporting system provided on the
commission's website.
(d) The director may require additional training due to
material changes in the requirements of this chapter.
(e) The training for county commissioners required by
subdivision (a)(3) may be satisfied by the successful
completion of the 10-hour course on ethical requirements of
public officials provided by the Alabama Local Government
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public officials provided by the Alabama Local Government
Training Institute established pursuant to Article 2 of
Chapter 3 of Title 11. The Alabama Local Government Training
Institute shall provide in writing to the commission quarterly
the names of those county commissioners completing the
institute's program.
(f) Attendance at any session of the training program
shall be mandatory, except in the event the individual
verifies he or she, in good faith, cannot or could not attend
the training program. Any individual who fails to attend
mandatory training or attend a mandatory makeup training
session may be subject to a penalty.
(g) This section shall not preclude the commission from
enforcing this chapter, including imposing penalties, against
any individual subject to this chapter prior to the individual
attending a mandatory training program.
§36-25B-26 Commission Website
The commission shall provide on its official website
all of the following:
(1) A system for electronic filing of all statements,
reports, registrations, and notices required by this chapter.
The website shall include guidance on filing statements,
reports, registrations, and notices, including reporting
schedules.
(2) A readily searchable electronic database accessible
to the public which provides for search and retrieval of:
a. All statements, registrations, reports, and other
filings required by this chapter excluding information
required to be redacted, searchable by the name of the filing
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required to be redacted, searchable by the name of the filing
party to which the filings pertain;
b. In addition to paragraph a., lobbyist registrations
must be searchable by the governmental body listed on the
lobbyist registration pursuant to Section 36-25B-60(b)6.a.;
c. In addition to paragraph a., prohibited source
reports must be searchable by the recipient public servant
listed on reports filed pursuant to Section 36-25B-61(b); and
d. Formal advisory opinions and the core principles of
informal advisory opinions, as further provided in Section
36-25B-27.
§36-25B-27 Advisory Opinions
(a)(1) The commission shall issue formal advisory
opinions, when requested, on the requirements of this chapter
or the Fair Campaign Practices Act based on real or
hypothetical sets of circumstances. Any person may submit a
written request to the commission for a formal advisory
opinion in a form prescribed by the commission. The director
shall complete and publish a draft formal advisory opinion,
and the draft must be published on the commission's website
not less than seven days before the commissioners meet to take
official action on the draft formal opinion. Any person may
submit comments to the commission on the draft. All comments
received more than 24 hours in advance of the meeting of the
commissioners shall be distributed to the commissioners before
the meeting.
(2) Before taking effect, a formal advisory opinion
must be adopted by a majority vote of the commissioners
present at the official meeting of the commissioners. Once
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present at the official meeting of the commissioners. Once
adopted, the formal advisory opinion shall be promptly
published on the commission's website.
(3) The person at whose request the opinion was issued
or any person in similar circumstances who may be affected by
the formal advisory opinion may petition for reconsideration
of a formal advisory opinion by submitting a written request
in a form prescribed by the commission received no more than
30 days after the date the commissioners voted to approve the
formal advisory opinion.
(4) A formal advisory opinion shall protect the person
at whose request the opinion was issued and any other person
reasonably relying in good faith on the advisory opinion in a
materially like circumstance from liability to the state, a
county, or a municipal subdivision of the state because of any
action performed or action refrained from in reliance on the
advisory opinion.
(5) Except as provided in subdivision (6), formal
advisory opinions shall be deemed valid until expressly
overruled or altered by the commission or a court of competent
jurisdiction.
(6)a. On and after December 1, 2025, any formal
advisory opinion issued before June 1, 2025, is void unless an
individual has requested the continuance of an advisory
opinion and the commission has affirmatively decided to uphold
that opinion. Any action or course of action taken prior to
December 1, 2025 that is in reliance on an advisory opinion
issued by the commission prior to June 1, 2025, shall protect
the person relying on the advisory opinion in accordance with
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the person relying on the advisory opinion in accordance with
this section.
b. Paragraph a. does not apply to or have any impact on
advisory opinions or portions of advisory opinions pertaining
to the laws and requirements of the Fair Campaign Practices
Act.
(b)(1) Upon receiving a written request, the director
or general counsel of the commission may issue an informal
advisory opinion on the requirements of this chapter or the
Fair Campaign Practices Act based on a real or hypothetical
set of circumstances.
(2) An informal advisory opinion is prospective and
shall be based on the facts presented, but does not have the
force and effect of a formal advisory opinion, nor does an
informal advisory opinion provide legal immunity to the
requesting person. However, there shall be a rebuttable
presumption that a requesting person who acts in conformance
with an informal advisory opinion intended to comply with this
chapter or the Fair Campaign Practices Act and at a minimum,
shall be a mitigating factor.
(3) Except as provided in subdivision (4), the
commissioners, director, and employees of the commission shall
keep confidential the existence of an informal advisory
opinion and the opinion itself along with the underlying
request, unless expressly waived by the person requesting the
opinion.
(4) Not later than 30 days after each calendar quarter,
the commission shall summarize and publish on its website in a
readily searchable manner the core principles articulated by
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readily searchable manner the core principles articulated by
the commission in the informal advisory opinions issued during
the previous calendar year. These principles shall be written
in a manner that does not reveal the identity of the requester
and any other person mentioned in the informal advisory
opinion and that does not allow members of the public to
otherwise ascertain the identities of these persons.
(c) The commission's decision not to issue a formal or
informal advisory opinion does not create any presumption as
to whether the action upon which the request for an advisory
opinion was based does or does not violate this chapter or the
Fair Campaign Practices Act.
(d) The commission may issue formal and informal
advisory opinions only if requested to do so in writing by a
person who is not a commissioner or employee of the
commission.
Article 3. Restricted and Prohibited Acts
§36-25B-40 Conflict of Interest
(a) Consistent with the Constitution of Alabama of
2022, a member of the Legislature may not sponsor or vote on
any legislation when the member knows or reasonably should
know that:
(1) He or she has a conflict of interest; or
(2) By sponsoring or voting on the legislation, he or
she would materially and uniquely benefit a business client
and increase his or her economic value to the client.
(b) Except as otherwise provided by law, a public
servant may not take official action on a particular matter
when the public servant knows or reasonably should know he or
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when the public servant knows or reasonably should know he or
she has a conflict of interest.
(c)(1) In addition to any other penalty provided for in
Section 36-25B-88, a public servant who violates this section
shall be subject to a civil penalty up to three times the
economic gain to the public servant.
(2) For a second or subsequent offense, in addition to
the penalty in subdivision (1), the commission shall promptly
notify the Attorney General or the appropriate district
attorney and provide all evidence obtained by, or in the
possession of, the commission. In addition, the commission may
notify the appropriate public servant or governmental body who
has authority to discipline or remove the public servant from
office or employment.
§36-25B-41 Steering Contracts or Business Prohibited
(a) A public servant may not approve, direct, vote for,
or otherwise influence or attempt to influence any official
action of the public servant's governmental body to direct or
steer contracts, grants, awards, or financial business from
the public servant's governmental body to any person if the
public servant knows or should know that the contract, grant,
award, or financial business would directly benefit the public
servant, an associated business of the public servant, or any
family member of the public servant. For purposes of this
section only, "family member" means a child, parent, sibling,
grandchild, grandparent, aunt, uncle, niece, nephew, cousin,
or spouse, or the child, parent, or sibling of the spouse.
(b)(1) In addition to any other penalty provided for in
Section 36-25B-88, a public servant who violates this section
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Section 36-25B-88, a public servant who violates this section
shall be subject to a civil penalty up to three times the
economic gain to the public servant, associated business, or
family member.
(2) For a second or subsequent offense, in addition to
the penalty in subdivision (1), the commission shall promptly
notify the Attorney General or the appropriate district
attorney and provide all evidence obtained by, or in the
possession of, the commission. In addition, the commission may
notify the appropriate public servant or governmental body who
has authority to discipline or remove the public servant from
office or employment.
§36-25B-42 Gift Ban
(a)(1) A public servant may not solicit or accept a
gift from any person the public servant knows or should know
is a prohibited source.
(2) Any person who knows or should know that he or she
is a prohibited source may not offer or provide a gift to a
public servant or any person closely associated with a public
servant.
(b) Notwithstanding subsection (a), a prohibited source
may make payment of or reimbursement for actual and necessary
registration and travel expenses, including reasonable food,
beverages, hospitality, and lodging expenses incurred by
attendance by a public servant and his or her family members
at:
(1) An educational function of which the prohibited
source is a sponsor, provided the expenses are reported to the
commission in accordance with Section 36-25B-61. For purposes
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commission in accordance with Section 36-25B-61. For purposes
of this subdivision, "educational function" means a meeting,
event, or activity that is organized around a formal program
or agenda of educational or informational speeches, debates,
panel discussions, or other presentations concerning matters
within the scope of the participant's official duties or other
matters of public policy.
(2) An economic development function of which the
prohibited source is a sponsor. For purposes of this
subdivision, "economic development function" means any
function reasonably and directly related to the advancement of
a specific, good-faith economic development or trade promotion
project or objective.
(3) Any event of which a prohibited source is a sponsor
where the public servant's attendance at the event is
appropriate to the performance of his or her official duties
or representative function, provided the expenses are reported
to the commission in accordance with Section 36-25B-61.
(c) Notwithstanding subsection (a), food, beverages,
and hospitality may be provided by a prohibited source and
accepted by a public servant and his or her family members in
the following conditions, provided the event details are
reported to the commission in accordance with Section
36-25B-61:
(1) At a reception or similar event other than in the
form of a seated meal, at which it is reasonably expected that
more than 25 individuals will attend.
(2) At a seated meal of mutual interest to a number of
parties at which it is reasonably expected that more than 12
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parties at which it is reasonably expected that more than 12
individuals will attend and that individuals with a diversity
of views or interests will be present.
(3) At an event where all members of the Legislature, a
local legislative body, a legislative caucus registered under
Chapter 5 of Title 17, or a legislative committee are invited
or are eligible to register for the event.
(d) It is not a violation of this section in either of
the following circumstances:
(1) The gift is offered or provided as the result of a
familial relationship, unless the circumstances make it clear
that the gift is not motivated by the familial relationship
and that the gift is intended to substantially influence the
recipient's official activities.
(2) The gift is offered or provided as the result of a
friendship, unless the circumstances make it clear that the
gift is not motivated by the friendship and that the gift is
intended to substantially influence the recipient's official
activities.
(e) A person who violates this section shall be subject
to the following penalties:
(1) For a first offense, a civil penalty of no more
than two times the value of the gift. In lieu of a civil
penalty, the commission may issue a public reprimand for a
first time violation if the commission determines the person
did not know the value of the gift was more than one hundred
dollars ($100).
(2) For a second offense, a civil penalty of three
times the value of the gift.
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times the value of the gift.
(3) For a third or subsequent offense, a civil penalty
of five times the value of the gift and the commission shall
promptly notify the Attorney General or the appropriate
district attorney and provide all evidence obtained by, or in
the possession of, the commission. In addition, the commission
may notify the appropriate public servant or governmental body
that has authority to discipline or remove the public servant
from office or employment.
(f) The commission shall adopt rules to do both of the
following:
(1) Provide guidance on what constitutes hospitality
for purposes of this section.
(2) Allow for, but not require, pre-certification of
events and activities described in subsections (b) and (c).
§36-25B-43 Solicitation of Subordinates Prohibited
Other than in the ordinary course of business, a
supervisor of any governmental body may not solicit a gift
from a subordinate.
§36-25B-44 Charitable Fundraising
Nothing in this article prohibits a public servant or
his or her family member, regardless of whether he or she
serves on the board of directors of the nonprofit entity, from
conducting fundraising activities for a nonprofit entity,
which may include soliciting monetary donations or other items
from prohibited sources, provided, (i) the public servant is
not acting in his or her official capacity, (ii) the public
servant or a person closely associated with the public servant
will not receive any personal financial benefit from the
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will not receive any personal financial benefit from the
fundraising activities, and (iii) no public resources are used
to conduct the fundraising activities, except as authorized by
law or agency policy.
§36-25B-45 Outside Employment
Nothing in this article prohibits or restricts an
individual appointed or elected to public office, once taking
office, from continuing to engage in outside employment in his
or her profession or skill. The mere fact that a public
official's compensation in his or her outside employment
increases while the public official is in office does not
create a presumption that the increase is related to or on
account of his or her official office or position.
§36-25B-46 Elected Officials Prohibited from Lobbying
(a)(1) A public official elected or appointed to a
state office or a member of the Legislature, while holding
office, may not serve as a lobbyist before any governmental
body.
(2) Nothing in this subsection shall be construed to
prohibit a public official from engaging, while in office, in
outside employment in his or her profession or field of
expertise, including representing a client before a
governmental body of which the public official is not a
member, provided such engagement is not related to his or her
official duties.
(3) This subsection shall not be construed to prohibit
a public official elected or appointed to a state office or a
member of the Legislature from performing his or her official
duties or responsibilities.
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duties or responsibilities.
(b)(1) A public official elected or appointed to a
county or municipal office, while holding office, may not
serve as a lobbyist before any governmental body within the
geographical jurisdiction of the county or municipal office
for which the public official is serving.
(2) Nothing in this subsection shall be construed to
prohibit a public official from engaging, while in office, in
outside employment in his or her profession or field of
expertise, including representing a client before a
governmental body of which the public official is not a
member, provided such engagement is not related to his or her
official duties.
(3) This subsection shall not be construed to prohibit
a public official elected or appointed to a county or
municipal office from performing his or her official duties or
responsibilities.
(c)(1) A public official who violates this section
shall be subject to a civil penalty up to or commensurate with
the economic gain to the public official.
(2) For a second or subsequent offense, in addition to
the penalty in subdivision (1), the commission shall promptly
notify the Attorney General or the appropriate district
attorney and provide all evidence obtained by, or in the
possession of, the commission. In addition, the commission may
notify the appropriate public servant or governmental body who
has authority to discipline or remove the public servant from
office or employment.
§36-25B-47 Revolving Door Prohibitions
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§36-25B-47 Revolving Door Prohibitions
(a) An appointed public official, for a period of two
years after leaving service, may not serve as a lobbyist
before the governmental body for which he or she had served.
(b) An elected public official, for a period of two
years after leaving service or the expiration of the term to
which he or she was elected, whichever is longer, may not
serve as a lobbyist before the governmental body for which he
or she had served.
(c) A public employee or an individual who works for a
governmental body pursuant to a consulting agreement, agency
transfer, loan, or similar arrangement, for a period of two
years after leaving the employment or other arrangement, may
not serve as a lobbyist before the governmental body for which
he or she had worked.
(d) A public servant who has authority over
procurements or who recommends or materially influences the
approval of grants, awards, or contracts for goods or
services, for a period of two years after leaving service or
employment, may not:
(1) Enter into, solicit, or negotiate a grant, award,
or contract for goods or services with the governmental body
for which he or she had served or worked; and
(2) Accept employment or enter into a consulting
agreement with a business that received a grant, award, or
contract for goods or services with the governmental body for
which he or she had served or worked within the preceding two
years, if the public servant actually recommended or
materially influenced the approval of the grant, award, or
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materially influenced the approval of the grant, award, or
contract.
(e) A public servant who personally participates in the
direct regulation, audit, or investigation of a business, for
a period of two years after leaving service or employment, may
not solicit or accept employment or enter into a consulting
agreement with that business.
(f) Nothing in this section shall limit or prohibit any
of the following:
(1) A former public employee from resuming employment
with his or her former employer, unless otherwise restricted
or prohibited by law.
(2) A former public employee from entering into a
consulting agreement with his or her former employer to
personally provide consulting services, unless otherwise
restricted or prohibited by law.
(3) A public official or public employee from accepting
employment with another governmental body or another
department within the same governmental body and from
representing the interests of his or her public employer
before the governmental body for which he or she had served.
(g)(1) A public servant or former public servant who
violates this section shall immediately cease from engaging in
the prohibited activity and shall be subject to a civil
penalty up to or commensurate with the economic gain to the
public servant.
(2) For a second or subsequent offense, in addition to
the penalty in subdivision (1), the commission shall promptly
notify the Attorney General or the appropriate district
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notify the Attorney General or the appropriate district
attorney and provide all evidence obtained by, or in the
possession of, the commission. In addition, the commission may
notify the appropriate public servant or governmental body who
has authority to discipline or remove the public servant from
office or employment.
§36-25B-48 Floor Privileges
No former member of the House of Representatives or the
Senate of the State of Alabama shall be extended floor
privileges of either body in a lobbying capacity.
§36-25B-49 Contingency Fee Lobbying Prohibited
A principal or lobbyist may not accept compensation
for, or enter into a contract to provide, lobbying services
which is contingent upon the passage or defeat of any
legislative action.
Article 4. Registration and Reporting Requirements
§36-25B-60 Lobbyist Registration and Termination
(a) Every lobbyist shall register by filing a form
prescribed by the commission no later than January 31 of each
year or within 10 days after the first undertaking requiring
such registration. Each lobbyist shall pay an annual fee of
two hundred dollars ($200) on or before January 31 of each
year or within 10 days of the first undertaking requiring
registration.
(b) The registration shall be in writing and shall
contain the following:
(1) The registrant's full name and business address.
(2) The full name and address of each of the
registrant's principal or principals.
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registrant's principal or principals.
(3) A statement signed by each principal that he or she
has read the registration, knows its contents, and has
authorized the registrant to be a lobbyist on his or her
behalf as specified therein, and that no compensation will be
paid to the registrant contingent upon passage or defeat of
any legislative measure. If the principal is an entity, the
statement must be signed by the individual within the
principal who directs the activities of the lobbyist.
(4) Either of the following:
a. A list of each governmental body with whom he or she
engages or intends to engage in lobbying. For purposes of this
subdivision, each executive branch agency, department, board,
or commission shall be considered a separate entity and the
Legislature and each local legislative body shall be
considered a separate entity.
b. An acknowledgment that the lobbyist is not limiting
his or her ability to engage in lobbying before any specific
governmental body.
(c) A registrant shall file a supplemental registration
indicating any substantial change or changes in the
information contained in the prior registration within 10 days
after the date of the change.
(d)(1) A lobbyist who ceases to engage in activities
requiring registration shall file a written, verified
statement with the commission, on a form prescribed by the
commission by rule, acknowledging the termination of
activities. The notice shall be effective immediately.
(2) An individual who files a notice of termination
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(2) An individual who files a notice of termination
pursuant to this section shall file the reports required
pursuant to Section 36-25B-61 for any reporting period during
which he or she was registered.
§36-25B-61 Prohibited Source Reporting
(a) A prohibited source shall report on a form
prescribed by the commission by rule:
(1) The payment or reimbursement of registration and
travel expenses as permitted under Section 36-25B-42(b)(1) and
(b)(3); and
(2) The provision of food, beverages, and hospitality
as permitted under Section 36-25B-42(c).
(b)(1) For purposes of reporting of events described in
subdivision (a)(1), the report must disclose a description of
the event, the date or dates of the event, the monetary value
received by each public servant and his or her family members,
and the identity of the public servants and family members who
attended the event.
(2) For purposes of reporting of events described in
subdivision (a)(2), the report must include a description of
the event, the date of the event, and a list of the public
servants invited to the event.
(c) Nothing in this section shall require an entity
whose officers or employees or their family members serve as
public servants under this chapter to report any expenditures
or reimbursements paid to the officers and employees for the
performance of their duties for the entity.
(d) The report shall cover activity during a
three-month period and shall be filed no later than January
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three-month period and shall be filed no later than January
31, April 30, July 31, and October 31 for activity during the
preceding calendar quarter.
(e)(1) A prohibited source other than a lobbyist or
principal shall file a report only if the prohibited source
conducts activity that must be reported pursuant to this
section.
(2) A lobbyist or principal shall file a report each
quarter, regardless of whether any reportable activity was
conducted during the preceding quarter.
(f) If a prohibited source files a report required
under this section after the reporting deadline, the
prohibited source shall pay a late fee, as prescribed by rule
of the commission, but not to exceed one hundred fifty dollars
($150).
(g) A report required to be filed under this section
which is more than three months past due shall be deemed a
failure to file a report. The commission may impose a fine for
failure to report as follows:
(1) For a first offense, three hundred dollars ($300).
(2) For a second offense, six hundred dollars ($600).
(3) For a third or subsequent offense, one thousand two
hundred dollars ($1,200).
§36-25B-62 Statement of Economic Interests
(a) No later than April 30 of each year, the following
public servants shall file with the commission a statement of
economic interests covering the period of the preceding
calendar year:
(1) All elected public officials.
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(1) All elected public officials.
(2) Each appointed member of a board, commission, or
authority having statewide jurisdiction other than boards,
commissions, and authorities that solely act in an advisory
capacity.
(3) Each employee of the Legislature, the Legislative
Services Agency, and the Department of Examiners of Public
Accounts, other than those who have a purely administrative or
maintenance role.
(4) All executive staff of the Governor.
(5) The commissioners and all employees of the
commission.
(6) The agency head of each governmental body, if paid
in whole or in part from state, county, or municipal funds.
(7) The general counsel or lead attorney of each
governmental body.
(8) Each public employee holding a position described
in Section 36-26-10(b)(10).
(9) Each public servant with power to grant or deny
land development permits.
(10) Each appointed member of a local board,
commission, or authority, if paid in whole or in part from
state, county, or municipal funds, who receives compensation,
other than travel expenses or a per diem, for his or her
service on the board, commission, or authority.
(11) All city and county school principals,
superintendents, and school board members.
(12) The superintendent or chief executive officer and
members of the board of directors or board of trustees of all
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members of the board of directors or board of trustees of all
state public K-12 schools.
(13) Chief and assistant county building inspectors.
(14) Any individual otherwise required by law to file a
statement of economic interests.
(15) All public servants listed with the commission as
provided in subsection (b).
(b) The agency head of each governing body, if paid in
whole or in part from state, county, or municipal funds, shall
provide annually to the commission, within a time frame
determined by rule of the commission, a list of each public
servant within the governing body who has independent
authority to perform any of the following duties, regardless
of whether the public servant actually performs such duties:
(1) Makes discretionary decisions to expend public
funds in excess of ten thousand dollars ($10,000) in a fiscal
year.
(2) Awards or recommends contracts for goods or
services.
(3) Awards or recommends economic incentives.
(c) Notwithstanding subsection (d), a coach of an
athletic team of any four-year public institution of higher
education that receives state funds shall not be required to
include any income, donations, gifts, or benefits on his or
her statement of economic interests if the income, donations,
gifts, or benefits are a condition of the employment contract.
(d) The statement shall be made on a form made
available by the commission and shall contain the following
information:
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information:
(1) The name, occupation, and residential address of
the filing party; the name and occupation of each family
member of the filing party; and the name of each associated
business of the filing party.
(2) The source and amount of income directly accrued by
the filing party and by his or her spouse, other than income
earned from serving in public employment, listed in the
following categorical amounts:
a. Less than one thousand dollars ($1,000).
b. At least one thousand dollars ($1,000) and less than
ten thousand dollars ($10,000).
c. At least ten thousand dollars ($10,000) and less
than fifty thousand dollars ($50,000).
d. At least fifty thousand dollars ($50,000) and less
than one hundred fifty thousand dollars ($150,000).
e. At least one hundred fifty thousand dollars
($150,000) and less than two hundred fifty thousand dollars
($250,000).
f. At least two hundred fifty thousand dollars
($250,000) or more.
(3) The identity and value of real property, other than
his or her primary residence, owned by the filing party or by
his or her spouse.
(4)a. Except as provided in paragraph b., a listing of
indebtedness by the filing party or his or her spouse showing
types and number of each as follows: Banks, savings and loan
associations, insurance companies, mortgage firms,
stockbrokers and brokerages or bond firms; and the
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stockbrokers and brokerages or bond firms; and the
indebtedness to combined organizations in the following
categorical amounts:
1. Less than twenty-five thousand dollars ($25,000).
2. Twenty-five thousand dollars ($25,000) and less than
fifty thousand dollars ($50,000).
3. Fifty thousand dollars ($50,000) and less than one
hundred thousand dollars ($100,000).
4. One hundred thousand dollars ($100,000) and less
than one hundred fifty thousand dollars ($150,000).
5. One hundred fifty thousand dollars ($150,000) and
less than two hundred fifty thousand dollars ($250,000).
6. Two hundred fifty thousand dollars ($250,000) or
more.
b. Mortgage debt on a primary residence and student
loans of the filing party or his or her spouse need not be
disclosed.
(e) Before publishing a statement of economic interest
on the commission's website, the commission shall redact the
names of all family members and the residential address of the
filing party.
(f) If the information required under this section is
not filed as required, the commission shall notify the filing
party as to his or her failure to so file, and the filing
party shall have 20 days to file the report after receipt of
the notification. After the 20-day period lapses, the
commission may assess a fine of twenty dollars ($20) per day,
not to exceed one thousand dollars ($1,000), for failure to
file timely.
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file timely.
(g)(1) Upon petition, the commission shall waive the
filing requirement of this section if the filing party is
deceased or if the filing party was considered a public
servant and was subject to this chapter for a period of no
more than 30 days during the previous calendar year and as of
January 1 of the reporting year, has not been a public
servant.
(2) Upon petition, the commission may waive the filing
requirement of this section if the filing party is incapable
of filing due to infirmity or due to active service in the
military.
(h) A filing party who unintentionally neglects to
include any information relating to the financial disclosure
filing requirements of this section shall have 90 days to file
an amended statement of economic interests without penalty.
§36-25B-63 Candidates Statement of Economic Interests
(a) Not more than five days after a candidate files his
or her qualifying papers with the appropriate election
official or in the case of an independent candidate not more
than five days after the date the individual complies with the
requirements of Section 17-9-3, the candidate shall file with
the commission a statement of economic interests covering the
most recent calendar year for which public servants were
required to file pursuant to Section 36-25B-62. The
commission, for good cause shown, may allow the candidate an
additional five days to file the statement of economic
interests.
(b)(1) Each election official who receives a
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(b)(1) Each election official who receives a
declaration of candidacy or petition to appear on the ballot
for election from a candidate, within five days of the
receipt, shall notify the commission of the name of the
candidate and the date on which the individual became a
candidate.
(2) The commission, within five business days of
receipt of such notification, shall notify the election
official whether the candidate has complied with subdivision
(1).
(c)(1) In addition to filing a statement of economic
interests pursuant to subsection (a), an individual who
remains qualified as a candidate on April 30 following the
date he or she initially qualified shall file a new statement
of economic interests by April 30 covering the period of the
previous calendar year.
(2) Notwithstanding subdivision (1), for any calendar
year for which the commission has a candidate's current
statement of economic interests on file, no additional filing
for that calendar year is required.
(d) If a candidate does not submit a statement of
economic interests under subsection (a) and, if applicable
subsection (c) by the prescribed deadline, the name of the
individual shall not appear on the ballot and the candidate
shall be deemed not qualified as a candidate in that election
cycle.
(e) If a candidate is deemed not qualified, the
appropriate election official shall remove the name of the
candidate from the ballot.
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candidate from the ballot.
Article 5. Enforcement
§36-25B-80 Enforcement Generally
The commission may not impose any civil penalty, order
restitution, issue a public reprimand, or enter into a consent
decree unless the commissioners determine a violation has
occurred and approve the penalty, restitution, public
reprimand, or consent decree in accordance with this article.
§36-25B-81 Complaints
(a) The commission shall establish procedures for the
acceptance and investigation of complaints alleging violations
of this chapter or the Fair Campaign Practices Act and shall
publish the procedures and requirements for submitting
complaints, along with the complaint form, on the commission's
website.
(b) Complaints must be in writing, set forth in detail
the specific charges against a respondent and the factual
allegations that support the charges, and signed by the
complainant in order to be considered by the commission.
(c)(1) Upon receiving a complaint or a report filed
pursuant to Section 36-25B-83, and upon verifying the identity
of the complainant and that the complaint contains credible
and verifiable information supporting the allegations, the
director shall notify the respondent of the alleged violation
or violations together with a short and plain statement of the
matters asserted and the provisions of this chapter or the
Fair Campaign Practices Act alleged to have been violated.
(2) The notice shall provide the respondent with an
opportunity to respond to the commission in writing in a
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opportunity to respond to the commission in writing in a
timely manner but in no event less than 10 days. Notice shall
be provided by personal service or by certified mail, return
receipt requested. The director shall delay further
consideration of the complaint until he or she has received a
response or the 10-day period has lapsed, whichever occurs
first. The director shall consider the response in making his
or her determination and include the response as part of the
written record of the complaint.
(d)(1) If the director determines that the complaint
does not provide sufficient grounds to indicate that a
violation has occurred, the complaint shall be dismissed, but
the action must be reported to the commissioners along with a
written record of the director's reasoning.
(2) If the director determines there are sufficient
grounds to believe that a violation may have occurred, the
director shall notify the respondent, as required in Section
36-25B-84(b), and notify the commissioners of the intent to
conduct a full investigation along with a written record of
the director's reasoning.
(e) A complainant may not file a complaint on behalf of
any other individual.
§36-25B-82 Confidentiality of Complaints
(a) Except as provided in Section 36-25B-81(c) and
Section 36-25B-84(d)(3), the commissioners, director, and
employees of the commission shall keep confidential the
existence of any complaint and any information relating to the
complaint, including relevant information and documents and
the identity of the complainant, until the final disposition
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the identity of the complainant, until the final disposition
of the matter. In no event may a complaint or any part of the
record be made public or available on the commission's website
if the complaint is dismissed or, after an investigation, the
commission determines no violation occurred.
(b) This section does not prohibit a complainant or
respondent from disclosing information relating to a complaint
submitted to the commission, and the fact that an individual
who is not a commissioner, director, or commission employee
discloses information relating to a complaint does not grant
the commissioners, director, or commission employees the
authority to discuss or disclose the existence of a complaint
or any information relating to the complaint.
§36-25B-83 Agency Heads Required to Report Violations
The agency head of every governmental body shall file a
report with the commission on any matter that comes to his or
her attention in his or her official capacity that, after an
appropriate investigation based on credible and verifiable
information supporting the allegations, may constitute a
violation of this chapter within 10 days of completing the
investigation.
§36-25B-84 Investigations
(a) Upon a preliminary finding by the director that a
violation of this chapter or the Fair Campaign Practices Act
may have occurred pursuant to Section 36-25B-81(d)(2), or if a
matter is referred to the commission pursuant to Section
13A-10-61.1(c)(1), the director and staff of the commission
shall conduct a full investigation in accordance with this
section.
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section.
(b) Before initiating a full investigation, the
director shall notify the respondent by personal service or by
certified mail, return receipt requested, of the
investigation, along with the violations alleged to have
occurred and the written record of the director's reasoning
pursuant to Section 36-25B-81.
(c) In the course of an investigation, the director,
upon an affirmative vote of at least four commissioners, may
subpoena witnesses and compel their attendance and may also
require the production of documents and other evidence. The
commission shall give the respondent the opportunity to
respond to the allegations by providing written statements,
testimony to commission staff, and any additional evidence.
Any additional relevant facts or evidence discovered by a
commissioner or commission staff during the course of an
investigation shall immediately be provided to the respondent.
The respondent has the right to be represented by legal
counsel throughout an investigation.
(d)(1) Commission staff shall have no more than 180
days to complete an investigation and compile a written
record. The written record of the investigation shall include
all evidence considered and a written statement of the
director's assessment and recommendations. Findings of fact
shall be based solely on the evidence in the record.
(2) If the director determines no violation has
occurred, the director shall dismiss the matter, but the
action must be reported to the commissioners along with the
written record described in subdivision (1). The director
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written record described in subdivision (1). The director
shall promptly notify the respondent of the determination
along with a copy of the director's assessment. The commission
may not reinstate an investigation based on the same facts
alleged in the complaint or investigation.
(3) If the director determines there is sufficient
evidence to indicate that a violation occurred, the director
shall make a recommendation of appropriate penalties and shall
immediately notify the respondent of the director's findings
and recommended penalties, a reference to the particular
provision of this chapter or the Fair Campaign Practice Act
which was violated, and a copy of the complaint, including the
identity of the complainant, together with any statement,
evidence, or information received from the complainant,
witnesses, or other individuals or discovered in the course of
the investigation.
(4) Notice provided to the respondent pursuant to this
subsection shall be by personal service or by certified mail,
return receipt requested.
(e) A respondent found by the director to have violated
this chapter or the Fair Campaign Practices Act under
subdivision (d)(3) shall have 21 days after receiving notice
of a violation to request a contested case hearing before the
commissioners. If at the end of the 21-day period the
respondent does not request a hearing, the director shall
notify and provide the commissioners with a written record
along with the director's assessment and recommendations for
penalties.
(f) At the official meeting of the commissioners held
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(f) At the official meeting of the commissioners held
after receiving notification under subsection (e), the
commissioners shall:
(1) Approve the director's assessment and
recommendations for penalties;
(2) Revise the assessment and penalties, in which case
the respondent shall have an additional 21 days to request a
contested case hearing;
(3) Request a contested case hearing; or
(4) Dismiss the matter.
(g) Prior to an official meeting of the commissioners
pursuant to subsection (f), the commissioners may not discuss
any matter relating to a respondent's case with the director
or with any other employee of the commission unless the
respondent and his or her legal counsel are given the
opportunity to also be present during any such discussion.
§36-25B-85 Contested Case Hearings
(a)(1) If a contested case hearing is requested, the
commission shall set a hearing date of not less than 45 days
after receiving the request and shall immediately provide
notice to the respondent. Notice shall include the time and
place of the hearing, all information in any form that arises
out of or relates to the complaint, including but not limited
to, all statements, evidence, testimony, and other information
received from the complainant, witnesses, or other
individuals, or discovered in the course of the investigation.
The commission shall not discourage individuals with knowledge
arising out of or relating to the complaint, including
individuals who were interviewed by, or gave statements to,
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individuals who were interviewed by, or gave statements to,
the commission, whether or not the statements were the basis
of the commission's findings, from providing that information
to the respondent or his or her legal counsel.
(2) Upon the timely request of the respondent, the
commission shall postpone the hearing for not less than 90
days.
(b) Any additional relevant facts or evidence
discovered by the director or employee of the commission or
put in the possession of a commissioner after the conclusion
of the investigation but before or during the hearing shall
immediately be provided to the respondent.
(c) The commissioners shall preside over any contested
case hearing held pursuant to this section. The commission
shall provide the respondent the opportunity to respond and
present evidence and argument on all material issues involved,
call witnesses, be represented by legal counsel at his or her
own expense, and be present along with his or her legal
counsel during all deliberations of the commissioners. If
requested by the respondent, the proceedings shall be
transcribed by the appointed court reporter and a copy of the
transcribed proceedings shall be timely provided to the
respondent at the respondent's expense.
(d) Outside of an official hearing proceeding, if the
director or any other employee of the commission is present in
any commissioner deliberations on any matter relating to a
respondent's case, the respondent and his or her legal counsel
must be given the opportunity to also be present during the
deliberation.
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deliberation.
(e) The record of a hearing shall include all evidence
considered and a written statement of the findings of the
commission members. Findings of fact shall be based solely on
the evidence in the record. The respondent shall have the
right to supplement the record of the hearing, including any
transcript of the hearing and all statements, evidence,
testimony, and other information that the respondent offered
into evidence at the hearing, whether or not the commission
accepted the information into evidence.
(f) If the respondent does not request a hearing or
does not participate in a hearing, the commissioners' decision
is final, a penalty may be imposed, and the respondent, absent
good cause shown, may not appeal the decision.
§36-25B-86 Confidentiality of Investigations
(a) Prior to the disposition of a matter, the
commissioners, director, and employees of the commission shall
keep confidential and may not publicly disclose information
relating to an investigation, including the identity of the
respondent. In no event may an investigation or any part of
the record be made public or available on the commission's
website if the case is dismissed under Section
36-25B-84(d)(2).
(b) This section does not prohibit a respondent or a
witness or other individual from disclosing information
relating to an investigation. The fact that an individual who
is not a commissioner, director, or commission employee
discloses information relating to an investigation does not
grant the commissioners, director, or commission employees the
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grant the commissioners, director, or commission employees the
authority to discuss or disclose the existence of the
investigation or any information relating to the
investigation.
§36-25B-87 Criminal Referrals
(a) If at any time during the course of reviewing a
complaint or conducting an investigation, the director has
reason to believe a criminal violation has been committed, the
director or general counsel shall present the relevant and
applicable evidence and other factors to the commissioners
and, upon the affirmative vote of the majority of the
commissioners, the director shall promptly notify the Attorney
General or the appropriate district attorney and provide all
evidence obtained by, or in the possession of, the commission.
(b) The imposition of a penalty by the commission does
not prohibit the Attorney General or a district attorney from
pursuing criminal charges based on the same or related
conduct.
§36-25B-88 Penalties
(a) Any person subject to this chapter who
intentionally makes a false statement on any report,
registration, or statement pursuant to this chapter is subject
to a civil penalty not to exceed one thousand dollars
($1,000).
(b) Any individual who makes or transmits a complaint
pursuant to this chapter which contains information or
statements the individual knows to be false is subject to a
civil penalty not to exceed one thousand dollars ($1,000) and
shall be liable for the actual legal expenses incurred by the
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shall be liable for the actual legal expenses incurred by the
respondent against whom the false report or complaint was
filed.
(c) Any individual who intentionally makes false
statements to an employee of the commission or member of the
commission pursuant to this chapter is subject to a civil
penalty not to exceed one thousand dollars ($1,000).
(d) For a violation of this chapter, unless otherwise
specified, the commission may:
(1) Issue a private warning or public reprimand;
(2) Enter into a consent decree;
(3) Impose a civil penalty up to or commensurate with
the economic gain to the violator; or
(4) Order restitution, if applicable, up to or
commensurate with the economic loss to a governmental body.
(e) Restitution collected by the commission shall be
paid to the governmental body suffering the economic loss.
(f) The commission may not impose any civil penalty for
a violation of Article 3 until receiving approval of the
penalty by the Attorney General or appropriate district
attorney.
(g) If a person fails to pay any civil penalty or
restitution, the commission may file an action to collect the
penalty in a court of competent jurisdiction in Montgomery
County. The person shall be responsible for paying all costs
associated with the collection of the civil penalty or
restitution.
§36-25B-89 Reconsideration of Contested Case Hearings
If the respondent discovers new evidence that comes to
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If the respondent discovers new evidence that comes to
his or her knowledge after the final determination was made by
the commissioners in a case hearing and that evidence would
not have been discovered sooner through the exercise of due
diligence, the respondent may petition the commission for
reconsideration, regardless of whether the respondent had
requested a contested case hearing. Upon receiving a petition,
the commission shall stay any collection of any penalty
pending a determination by the commissioners whether to
reconsider the respondent's case. If the commissioners reject
the respondent's petition, the respondent shall have the
opportunity to file an appeal under Section 36-25B-90,
regardless of whether the respondent had requested a contested
case hearing.
§36-25B-90 Appeals
Within 30 days of a final order or decision of the
commissioners in a contested case hearing imposing a penalty
under this article or within 30 days of a rejection of a
petition for reconsideration, any person aggrieved by the
final order or decision may file a petition for appeal in a
court of competent jurisdiction in Montgomery County.
Section 8. The Code Commissioner shall conform
references in the Code of Alabama 1975, to reflect the changes
made by this act. Code changes, including the renumbering of
references to Chapter 25, Title 36, to reflect the appropriate
code sections in Chapter 25B, Title 36, as created by this
act, shall be made at a time determined to be appropriate by
the Code Commissioner.
Section 9. Section 11-3-5, Code of Alabama 1975, is
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Section 9. Section 11-3-5, Code of Alabama 1975, is
amended to read as follows:
"§11-3-5
(a) Except where a contract for goods or services is
competitively bid regardless of whether bidding is required
under Alabama's competitive bid law, no member of any county
commission and no business with which any county commissioner
is associated shall A county commissioner, family member of a
county commissioner, or associated business of a county
commissioner may not be a party to any contract for goods or
services with the county commission on which he or she serves ,
unless the contract is competitively bid, regardless of
whether bidding is required under the competitive bid laws of
this state. Except where a contract for goods or services is
competitively bid regardless of whether bidding is required
under Alabama's competitive bid law, no county commission
shall award any contract to a family member of a county
commissioner. Under no circumstances shall a county
commissioner participate in the bid preparation or review of a
bid that is received from the county commissioner, a business
with which he or she is associated, or a family member of the
county commissioner , or an associated business of the county
commissioner, and a county commissioner shall not deliberate
or vote on acceptance of a bid submitted by the county
commissioner, a business with which he or she is associated,
or a family member of the county commissioner , or an
associated business of the county commissioner .
(b) No A county commissioner shall may not employ a
family member to do any work for the county; provided,
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family member to do any work for the county; provided,
however, the family member of a county commissioner may be
employed by the county if the family member is hired pursuant
to a county personnel policy that does not require a vote of
the county commission or if the county commissioner does not
participate in the hiring process through recommendation,
deliberation, vote, or otherwise.
(c) Any county commissioner in violation of this
section shall be guilty of a Class A misdemeanor.
(d) In compliance with Section 36-25-11, any contract
executed with a member of the county commission or with a
business with which a county commissioner is associated shall
be filed with the Ethics Commission within 10 days after the
contract has been executed.
(d) Any contract executed in violation of this section
shall be void by operation of law and any person individual
employed by the county in violation of this section shall
forfeit his or her employment by operation of law.
(e) For the purposes of this section, the definition of
family member shall be the same as the definition in
subdivision (15) of Section 36-25-1 for the family member of a
public official terms "family member" and "associated
business" shall have the same meanings as defined in Section
36-25B-2."
Section 10. Although this bill would have as its
purpose or effect the requirement of a new or increased
expenditure of local funds, the bill is excluded from further
requirements and application under Section 111.05 of the
Constitution of Alabama of 2022, because the bill defines a
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Constitution of Alabama of 2022, because the bill defines a
new crime or amends the definition of an existing crime.
Section 11. This act shall become effective on June 1,
2025.
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2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Ethics and Campaign
Finance
................22-Feb-24
Read for the second time and placed
on the calendar:
1 amendment
................06-Mar-24
Read for the third time and passed
as amended
Yeas 79
Nays 9
Abstains 15
................02-Apr-24
John Treadwell
Clerk
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