Government Transparency and Accountability, including Money in Politics

thumbs_down_icon.jpgSB230 - Ethics, thing of value definition revised, lobbyists required to report the gifts to the Ethics Commission, penalties, etc

Sponsor(s):  Senators Albritton, Holley, Whatley, Marsh, Chambliss, Melson, Butler, Barfoot, Elliott, Shelnutt and Chesteen

Synopsis and Analysis:  This bill would move, from the code of ethics to the criminal code, provisions that prohibit a public official or public employee from using his or her office for material personal gain, from using office equipment or facilities for personal use, or from soliciting a thing of value from a person that the public official or employee regulates or inspects.

This bill would move, from the code of ethics to the criminal code, provisions that prohibit a member of a legislative body from voting on legislation of which the member has a conflict of interest and that prohibit a member of the Legislature from acting as a lobbyist before an executive department or agency.

This bill would revise the crime of bribery.

This bill would provide circumstances under which an individual acting as an economic development professional is not considered a lobbyist.

This bill would redefine certain terms, including thing of value and principal.

This bill would require a lobbyist to report to the State Ethics Commission a thing of value given to a public official, public employee, or family member of the official or employee, but would allow a lobbyist or principal to give, and a public official or public employee to receive, a thing of value in certain circumstances.

This bill would revise the lobbyist reporting requirements.This bill would revise the lobbyist reporting requirements.

This bill would revise the commission's authority to impose civil penalties for minor violations of the code of ethics.

This bill would require the commission to refer all criminal cases to a district attorney.


This bill would make significant changes to the current ethics law including removing the ban on public officials receiving gifts of monetary value, limit the definition of lobbying, change the definition of family, change the definition of principals i.e. shielding individuals company executives who employ lobbyists from prosecution and basically limit the role of the Ethics Commission in enforcing violations.  

League Action and Justification: Oppose. LWVAL holds that ethics 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.  Alabama ethics laws were revised in 2010 and advertised as the toughest in the nation. The question to be answered is: Why must they be revised?


Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.

Calendar Date
Body
Amd/Sub
Matter
Committee
Nay
Yea
Abstain
Vote
04/03/2019

S


Read for the first time and referred to the Senate committee on Governmental Affairs

GA

 
 
 
 

04/04/2019

S


Rereferred to Committee on Judiciary

JUDY

 
 
 
 


NOTE: SB230 was on the Senate Judiciary committee agenda on Wed. Apr. 10, 8:30 a.m., Rm 325.
UPDATE 4/11/19:
SB230 was referred to the Committee on Judiciary on 4/4 and discussed in hearing on 4/11 where the bill sponsor, Sen Albritton, requested it be held over. Later, according to news reports, Sen Ward, committee chair, reported that the bill is “dead” in committee.

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