Ethics in Government

LWVAL Action Priority Level I (Highest) - Monitoring and action of highest priority. Major area for resource expenditures.

Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.

Legend:
thumbs_up_icon.jpg = LWVAL's support for the legislation.
thumbs_down_icon.jpg = LWVAL's opposition to the legislation.
green-right-arrow.jpg = new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.

LWVAL has taken a position on these bills:

thumbs_up_icon.jpgSB 200 - Ethics, lobbyists required to report any item excluded from definition of thing of value whatever the actual cost, Sec. 36-25-19 am'd.

Sponsor(s): Senators Taylor, Williams and Scofield

Summary/Synopsis: To amend Section 36-25-19, Code of Alabama 1975, relating to quarterly reports filed by lobbyists and other persons; to remove the $250 and 24-hour limitation requirements for items excluded from the definition of a thing of value so as to require the reporting of those items whatever the actual cost; to require additional information relating to each expenditure made by a lobbyist; to include within the reporting requirements expenditures made to public employees and their family members; and to delete the calendar day and $250 limitations for reports of expenditures made by non-lobbyists.
League Action and Justification: LWVAL supports SB200. League positions include the following: “Ethics law should provide clear and enforceable state law regarding ethical conduct for elected and appointed officials, public employees and lobbyists. The law should establish that public office will be used for the public good and not private gain and should provide a legal basis for public confidence in the integrity of government.”

“The current $249 limit on the amount a lobbyist is allowed to spend on each legislator and his/her family per day without disclosure should be substantially reduced.”

Bill Progress in Legislature: 02/07/2012: First Reading and referred to the 02/21/2012: 2nd reading and placed on calendar; pending 3rd reading and favorable from CC&E. 5/09/2012: Indefinitely postponed

thumbs_up_icon.jpgHB466 - Ethics, define the term de minimis, Sec. 36-25-1 am'd; Act 2010-764, 2010 First Sp. Sess., am'd

Sponsor(s): Representative Love

Summary/Synopsis: The Ethics Act of 2010, now in the Code as Section 36- 25, forbids lobbyists or their principals to offer and public employees or their families to solicit a thing of value, but permits a gift that is deminimis. That term is here defined as a gift of less than $25.
League position and justification: LWVAL supports HB466. The League of Women Voters’ position states that Ethics laws “should provide clear and enforceable state law regarding ethical conduct for elected and appointed officials, public employees and lobbyists.” This bill advances that goal.

Bill Progress in Legislature:
03/01/2012: Read for the first time and referred to the 03/08/2012: 2nd reading and placed on the calendar; pending 3rd reading and favorable from E&CF.
4/10/2012: 3rd reading passed; Motion to Read a 3rd Time and Pass adopted (91-0-3); Buskey intended to vote “Yea”
4/10/2012: Read for the first time in the Senate and referred to the 4/17/2012: On committee calendar, Room 727, 8:30 a.m.
4/17/2012: Read for the 2nd time and placed on the calendar with 1 Amendment (141095-1); pending 3rd reading and favorable from CCFE&E

Note: The amendment changes the definition of De Minimis value to: "A value of twenty-five dollars or less and an aggregate value of fifty dollars or less in a calendar year."

4/26/2012: 3rd Reading passed; CCFE&E Amendment (141095-1) Offered; Ward motion to Adopt adopted (31-0-0); Bedford Amendment (141975-1) Offered; Bedford motion to Adopt adopted (16-8-1); Motion to Read a 3rd Time and Pass adopted (21-4-2).

Note: The Bedford Amendment redefined De Minimis as: “A value of fifty dollars ($50) or less and an aggregate value of one hundred dollars ($100) or less in a calendar year."

5/1/2012: House – Concurrence Requested; Love motion to Non Concur and Appoint Conference Committee adopted (85-0-1); House appoints Love, Barton and C. Newton.
Senate – Conference Committee Requested; Marsh Motion to Accede adopted (26-0-0); P&PO appoints Smitherman, Taylor and Ward.
5/2/2012: House – Conference Committee Appointed.

5/8/2012: House – Conference Report; Conference Committee on HB466 2012RS first Substitute (142427-4) Offered; Love Motion to Concur In and Adopt adopted (97-3-0)
5/9/2012: Senate -- Conference Report Concurrence Requested; Marsh Motion to Concur in and Adopt adopted (27-0-5);
5/10/2012: House – Concurred in Conference Report; Senate – Signature requested; House – Enrolled; Clerk of the House Certification.
Delivered to the Governor at 12:47 p. m.

Note: The final legislation (142427-4) set De Minimis as “A value twenty-five dollars ($25) or less per occasion and an aggregate of fifty dollars ($50) or less in a calendar year from any single provider, or such other amounts as may be prescribed by the Ethics Commission from time to time by rule pursuant to the Administrative Procedure Act or adjusted each four years from the date of the enactment of this amendatory act to reflect any increase in the cost of living as indicated by the United States Department of Labor Consumer Price Index or any succeeding equivalent index.”

thumbs_up_icon.jpgSB496 - Ethics law, prohibit the receipt of financial benefits relating to public officials and public employees other than a salary or expense allowance, Sec. 36-25-5

Sponsor(s): Senator Sanford

Summary/Synopsis: This bill is an addition to the Ethics law, which already prohibits public officials or employees from using their official positions or offices for gain. This bill would prohibit their receiving any financial benefits other than the salaries and benefits provided by their employers and any provisions for payment or reimbursement for expenses. The prohibition specifically forbids their retaining for personal use any fees generated through public office or employment that are charged to the public for a service, unless specifically provided by state and local law. This law would take precedence over any other laws to the contrary.
League Action and Justification: LWVAL supports SB496.

LWVAL’s Ethics position recommends “clear and enforceable state law for elected and appointed officials and public employees.” In addition, “the law should establish that public office will be used for the public good and not private gain” and “should provide a legal basis for public confidence in the integrity of government.”

The bill removes ambiguities that may remain in existing laws. It addresses “the legal basis for public confidence in the integrity of government” by removing any potential for abuses of fees for services by an individual. Although some might complain that it increases paper work for some entities, it offers the kind of clean-up and closing of loopholes that League supports for the ethics bill adopted in 2010. Because officials and employees of both state and local governments are covered, it may offer power for home rule on ethics.

Bill Progress in Legislature:
4/10/2012: Read for the first time and referred to the

LWVAL is monitoring these bills.

SB79, SB186 and SB183 - Ethics, further defining "thing of value", allowing gifts to teachers, Sec. 36-25-1 am'd

Sponsor(s):
SB79 - Senators Whatley, Ward, Blackwell and Dial
SB186 - Senators Whatley, Blackwell, Ward and Dial
SB183 - Senators Keahey and Brewbaker

Summary/Synopsis: SB79, SB186 and SB183 are identical bills. The first two change the order of sponsors’ names while SB183 has different sponsors. (Also, see HB250 below.)

Under existing law, gifts to public school teachers from a student or parents of the students with a specific monetary value are not permissible; however, gifts of nominal value are acceptable.

This bill would further define the term "thing of value" by providing that seasonal gifts from a pupil or his or her immediate family member to a principal, teacher, or other person employed by a local school system of an insignificant economic value of less than $100 if the aggregate value of the gifts is less than $250 during any one calendar year under circumstances which make it clear that no quid pro quo was understood or implied.

League Action and Justification: LWVAL is monitoring SB79, SB186, and SB183. A variety of ethics bills filed take differing approaches to dealing with teachers’ gifts, including excluding teachers from the definition of public employee.

Bill Progress in Legislature:
SB79: 02/07/2012: First reading and referred to the SB186: 02/07/2012: First reading and referred to the SB183: 02/07/2012: First reading and referred to the 4/03/2012: Read for the first time and referred to the Senate Committee on Constitution, Campaign Finance, Ethics, and Elections (CCFE&E).

HB250 - Ethics, employees of local school system may receive up to two seasonal gifts valued less than $25, Sec. 36-25-1 am'd; Act 2010-764, 2010 First Sp. Sess. am'd

Sponsor(s): Representatives Love, Davis, Harper, Patterson, Johnson (K), Todd, Tuggle, Greer, Treadaway, McCutcheon, Hill, McClurkin, Ison, Mask, Clouse, Rogers, Scott, Nordgren, Baker and Drake

Summary/ Synopsis: Under existing law, each person employed by a local school board is subject to the provisions of the Alabama Code of Ethics. This bill would allow each person employed by a local school system to receive up to two seasonal gifts whose individual value does not exceed $25. (Also see SB79, SB186, and SB183 above.)
League Action and Justification: LWVAL is monitoring HB250. A variety of ethics bills filed take differing approaches to dealing with teachers’ gifts, including excluding teachers from the definition of public employee.

Bill Progress in Legislature:
02/09/2012: First reading and referred to the

SB82 - Ethics, exempting Teachers and support employees of local boards of education from the Ethics law, Sec. 36-25-1 am'd; Act 2010-764, 2010 First Sp. Sess. am'd

Sponsor(s): Senators Brewbaker and Fielding

Summary/Synopsis: Under existing law, each person employed by a local school board is subject to the provisions of the Alabama Code of Ethics. This bill would further define the term "public employee" to provide that a person employed by a local school board at a school within the board's jurisdiction in a capacity other than as a principal or administrator at the school shall not be considered a public employee under the Alabama Code of Ethics.
League Action and Justification: LWVAL is monitoring SB82. A variety of ethics bills filed take differing approaches to dealing with teachers with the major issue being gifts from students or their immediate families.

Bill Progress in Legislature: 02/07/2012: First reading and referred to the

HB210 - Ethics, exempt public employees earning certain amounts from filing statement of economic interests and may accept gifts, Secs. 36-25-1, 36-25-14 am'd; Act 2010-764, 2010 First Special Session am'd

Sponsor(s): Representative Ford

Summary/Synopsis: Under existing law, unless otherwise required by law, no public employee occupying a position earning less than $50,000 per year is required to file a statement of economic interests.

Existing law also prohibits the giving of a thing of value to a public employee. This bill would allow a public employee who is occupying a position earning less than $75,000 to receive a thing of value.

This bill would provide that public employees occupying a position earning less than $75,000 per year shall not be required to file a statement of economic interests.
League Action and Justification: LWVAL is monitoring HB210. A variety of ethics bills filed take differing approaches to dealing with teachers with the major issue being gifts from students or their immediate families. This bill and one other also exempts most teachers and many other employees from the ethics law.

Bill Progress in Legislature:
02/07/2012: First reading and referred to the

green-right-arrow.jpgHB136 - Ethics, exempt public employees earning certain amounts from filing statement of economic interests and may accept gifts, Secs. 36-25-1, 36-25-14 am'd; Act 2010-764, 2010 First Special Session am'd

Sponsor(s): Representative McCutcheon

Summary/Synopsis: Under existing law, unless otherwise required by law, no public employee occupying a position earning less than $50,000 per year is required to file a statement of economic interests. Existing law also prohibits the giving of a thing of value to a public employee.

This bill would increase the threshold for filing a statement of economic interests and allow the commission to adjust the amount pursuant to the cost-of-living index and exempt employees who do not have the authority to expend public funds.

This bill would provide that a public employee who is not required to file a statement of economic interests would be exempt from the gift exception in the ethics law.
League Action and Justification: LWVAL is monitoring HB136. A variety of ethics bills filed take differing approaches to dealing with teachers with the major issue being gifts from students or their immediate families. This bill and one other also exempts most teachers and many other employees from the ethics law.

Bill Progress in Legislature: 02/07/2012: First reading and referred to the 03/08/2012: Read for 2nd time and placed on the calendar with one E&CF Substitute (138674-2); pending 3rd reading and favorable from E&CF
03/22/2012: 3rd Reading passed; E&CF first Substitute (138674-2) Offered; Motion to Adopt adopted; Motion to Read a 3rd Time and Pass Adopted (100-0-1); Engrossed.
4/03/2012: Read for the first time and referred to the 4/17/2012: Listed on committee calendar, Room 727, 8:30 a.m.
4/17/2012: Read for the 2nd time and placed on the calendar; pending 3rd reading and favorable from CCFE&E.

Note: The Substitute (138674-2) changes the $50,000 figure to $75,000 and requires those earning > $$75,000 per year as adjusted for cost-of-living and all full-time public employees serving as a supervisor to file economic interest reports.

5/16/2012: Senate – 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted (24-7-0)
House – Passed 2nd House; Enrolled; Senate – Signature Requested; House – Clerk of the House Certification.
5/16/2012: Delivered to the Governor at 11:59 p.m.


More issues