Sponsors: HB253 - Representative M. Hubbard
SB222 - Senator Marsh
Summary/Synopsis: Section 36-25-7, Code of Alabama 1975, as amended in the 2010 First Special Session by Act 2010-764, prohibits a person from offering or giving anything to a public official or public employee, as well as members of their households or family, for the purpose of influencing official action. It also prohibits a public official or public employee, as well as members of their households or family, from soliciting or receiving anything for the purpose of influencing official action. This bill clarifies that the prohibited offer, gift, solicitation, or receipt of anything must be for the purpose of corruptly influencing official action and defines corruptly. For purposes of this section, to act "corruptly" means to act voluntarily, deliberately, and dishonestly to either accomplish an unlawful end or result or to use an unlawful method or means to accomplish an otherwise lawful end or result."
League Action and Justification: LWVAL supports HB253 / SB222. The bill cleans up another problem in the special session.
Bill Progress in Legislature:HB2533/22/2011: 1st Reading and referred to
3/31/2011: 2nd reading and places on calendar; pending 3 read and favorable from E&CF
6/1/2011: Indefinitely postponed.
SB2223/22/2011: 1st Reading and referred to
3/31/2011: 2nd Read and placed on calendar; pending 3rd read from CCFE&E
4/05/2011: 3rd Read and motion to adopt passed (28-0-1)
4/05/2011: 1st Reading in the House; referred to
04/14/2011: 2nd Read and placed on calendar; pending 3rd read and favorable from CC&E.
6/1/2011: 3rd Read Passed; Motion to Read a 3rd Time and Pass adopted (95-0-0)
Passed 2nd House
Enrolled
Signature requested; Delivered to Governor at 5:55 p.m.
Note: The Associated Press indicates Jim Sumner, Executive Director of the Ethics Committee, “said the change would eliminate concerns that the law could be subject to a legal challenge because it was so vague that a person wouldn't know when they were crossing the line” and that both Sumner and the Attorney General approve the change. Sumner reiterated his support for the bill at the LWVAL State Convention on April 30th.