SB343 Alabama 2018 Session

This bill would substantially revise the law relating to ethics of public officials and public employees to, among other things: revise the definition of business and business with which the person is associated; revise the definition of principal; revise the definition of thing of value to specify the circumstances in which gifts, proceeds from the sale of property, and prospective or actual compensation from an employer are not a thing of value; revise the definition of a minor violation; exempt certain public education employees, law enforcement employees, and first responder employees from the requirements of filing a statement of economic interest and prohibitions on asking for or receiving a thing of value from a lobbyist or principal; allow caucuses to solicit or receive meals and beverages from a lobbyist or principal, subject to limitations; authorize the creation of a legal defense fund for a public official or public employee being investigated for or arrested or indicted for a violation of the Code of Ethics or the Fair Campaign Practices Act or is the subject of a pending complaint with the commission or a matter that has been referred to the commission by the Attorney General or a district attorney; increase the circumstances under which the commission can use the process of administrative resolution for violations of the ethics act; prohibit a public official or public employee from using his or her mantle of office, as defined, for personal gain; create the crime of extortion of a public official or public employee by persons attempting to corruptly influence the action of a public official or public employee; revise the filing requirements for the statement of economic interests for public officials to expand the businesses from which income is required to be reported, require disclosure of family relationships with lobbyists and principals, and require a list of economic development functions, educational functions, and widely attended events attended; similarly revise the statement of economic interests for public employees except for the disclosure of economic development functions, education functions, and widely attended events; specify procedures including criminal sanctions when statements of economic interests are not filed timely; to specify criminal sanctions for filing statements of economic interests that are intentionally false; provide for redacting of filed statements of economic interests in limited instances for limited purposes; and prohibit a person convicted of a violation of the code of ethics after the effective date of the bill from being registered as a lobbyist

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 ethics; to amend Sections 36-25-1, 36-25-2, 36-25-3, 36-25-4, 36-25-4.2, 36-25-5, 36-25-5.1, 36-25-7, 36-25-8, 36-25-9, 36-25-10, 36-25-11, 36-25-12, 36-25-13, as amended by Act 2017-364 of the 2017 Regular Session, 36-25-14, 36-25-15, 36-25-17, 36-25-18, 36-25-19, 36-25-23, 36-25-24, 36-25-26, and 36-25-27, of the Code of Alabama 1975; to add Sections 36-25-3.1, 36-25-3.2, 36-25-3.3, 36-25-4.4, 36-25-7.1, and 36-25-7.2, to the Code of Alabama 1975, and to repeal Sections 36-25-1.1 and 36-25-6 of the Code of Alabama 1975, to substantially amend the Alabama Ethics Act; to revise existing definitions and add new definitions; to specify when gifts or other income are not a thing of value; to exempt certain public education and police and first responder employees from specified provisions of the code of ethics; to allow caucuses to solicit and receive meals from a lobbyist or principal in limited circumstances; to authorize the creation of legal defense funds; to prohibit use of the mantle of office, as defined, for personal gain; to create the crime of extortion of a public official or public employee; to revise the filing requirements for statements of economic interests for public officials and public employees; to provide for redacting of statements of economic interests; to prohibit a person convicted of a violation of the code of ethics from being registered as a lobbyist; 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, as amended.