Volume 36, No. 16
As of December 31, 2010
2010 First Special Legislative Session
ENACTED LEGISLATION
In an unusually tight time-frame, the newly-elected Legislature met in a 7-day special session and enacted seven new laws addressing ethics and political activities. The issues were complex and a number of changes occurred during the debate resulting in a large body of new laws that will be subject to new rule-making and interpretation, especially by the Alabama Ethics Commission. Several of the new laws directly impact local school board members and employees. AASB will be working closely with those interpreting the laws to provide a resource for commonly asked questions about the impact of the new laws for school boards. If you have a question about any of the legislation, please contact AASB so that we might include that information in the resource.
The following bills were enacted in the 2010 First Special Legislative Session and have become law. For a copy of any act listed below, simply click on the act number. For questions, call AASB at 334/277-9700.
Act
2010-759
Establishes the “Budget Accountability Act” to expressly prohibit a member of the legislature from directing any pass-through appropriation for any expenditure for a purpose not specified in a line-item appropriation. Any agency director or subordinate who violates the act is guilty of a Class C misdemeanor. The support of a legal and valid agency program is protected. [H.10]
Effective Date: Dec. 14, 2010
2010-760
Establishes the “Legislative Double Dipping Prohibition Act” to prohibit a member of the legislature from being employed by any other branch of state government (executive or judicial) or state department, agency, board or commission. The ban applies to any public education institution, including a local board of education. Those legislators affected must find other employment or resign from the legislature by Nov. 5, 2014. [S.3]
Effective Date: Jan. 17, 2011
2010-761
Bars any public employee, including employees of a local school board, from using public resources for any political activity. Arranging for a salary deduction or otherwise for PAC contributions or membership dues for an individual to organizations that use funds for political activities is also prohibited. The Act defines political activities and allows organizations that arrange such deductions to certify that membership dues are not used for political activity. Note: The Act impacts membership for individuals and does not apply to entities (such as membership by a local school board, municipality or county commission). [S.2]
Effective Date: March 20, 2011
2010-762
Requires mandatory ethics training for all public officials, including local school board members, and any public employee required to file a Statement of Economic Interest. Training must take place by April 30, 2011. Thereafter, training is required within 120 days of being sworn into office although local school board members were no specifically listed in that provision. Requires those who lobby with the executive, legislative or judicial branches to register as lobbyists with the Alabama Ethics Commission. Note: The ethics commission is charged with interpreting and drafting rules for compliance with the law. AASB will be closely working with the commission to provide opportunities to ensure local school board members are fully able to comply with the new law. [H.11]
Effective Date: Jan. 1, 2011
2010-763
Grants the state ethics commission subpoena power upon a four-fifths vote of its members for ethics violations. At least one member of the commission must be a licensed attorney. Allows the commission to share evidence found during an investigation with a district attorney or the attorney general. [S.1]
Effective Date: Jan. 1, 2011
2010-764
Revises the Ethics Law to limit what “thing of value” a lobbyist and those who retain lobbyists can provide to public officials and public employees. Lobbyists are restricted to spending $25 per occasion, no more than $150 per year and those who retain or hire lobbyists to represent their interests are restricted to $50 per occasion, no more than $250 per year. There is no reporting requirement, and exemptions are provided (such as attendance and participation in educational programming and other specified functions). A specific exemption addresses associations such as AASB whose membership consists of public officials. Note: The ethics commission is charged with interpreting and drafting rules for compliance with the law. AASB will be closely working with the commission to provide opportunities to ensure local school board members are fully able to comply with the new law. [S.14]
Effective Date: March 20, 2011
2010-765
Prohibits the practice of transferring funds from one political action committee to another political action committee (PAC-to-PAC transfers). [H.9]
Effective Date: Dec. 20, 2010
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The 2011 Organizational Legislative Session
January 11-21, 2011
Inauguration
January 17, 2011
The 2011 Regular Legislative Session
March 1 – June 13, 2011
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