SB578 Alabama 2012 Session

Existing law restricts the contributions that a political action committee may make

This bill would provide that each officer, director, servant, or employee of a political action committee is criminally liable for conduct that is a violation of the Fair Campaign Practices Act

This bill would specifically make it unlawful for a political action committee to accept a contribution in violation of the Fair Campaign Practices Act or to accept or use any contribution in a political campaign within this state that was obtained from another state and provide for criminal penalties

This bill would provide a procedure for the use and processing of unsolicited or unwanted contributions received by a political action committee

This bill would expand the duties of the Alabama Secretary of State with regard to political action committees by allowing the Secretary of State to establish a division to investigate the actions of a principal campaign committee, or its officers, directors, servants, or employees, levy a civil fine, and refer the committee, its officers, directors, servants, or employees to the Attorney General or the appropriate district attorney for prosecution

This bill would grant subpoena power to the Secretary of State with regard to an investigation of political action committees

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to the Alabama Fair Campaign Practices Act; to amend Sections 17-5-11, as last amended by Act 2010-765, 2010 First Special Session, and 17-17-35, Code of Alabama 1975, and to add Sections 17-5-3.1, 17-5-8.1, and 17-5-17.1 to the Code of Alabama 1975; to expand the duties of the Alabama Secretary of State with regard to political action committees by allowing the Secretary of State to establish a division to investigate the actions of a principal campaign committee, its officers, directors, servants, or employees, levy civil fines, and refer the committee, its officers, directors, servants, or employees to the Attorney General or the appropriate district attorney for prosecution; to grant subpoena power to the Secretary of State with regard to an investigation of a political action committee; to supplement existing law to provide that officers, directors, servants, and employees of a political action committee are criminally liable for unlawful conduct; to provide that it shall be unlawful for a political action committee to accept a contribution in violation of the Fair Campaign Practices Act or to accept or use any contribution in a political campaign within this state that was obtained from another state in violation of the Fair Campaign Practices Act and provide for criminal penalties; to provide a procedure for the use and processing of unsolicited or unwanted contributions received by a political action committee; 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.