As the legislative session winds to an end, House leadership is prioritizing the proposed overhaul to the state's ethics law before time runs out.
Earlier this month, the House passed House Bill 227 (HB227), sponsored by State Rep. Matt Simpson (R-Daphne). The bill would overhaul the state's ethics law, enhancing penalties for certain offenses, removing others from the criminal code and revising the role and scope of the commission and the appointment process for the commission director.
The House passed the bill with little debate. Ethics Commissioner Stan McDonald and Attorney General Steve Marshall opposed the legislation. McDonald resigned a week later after a brief public feud with Simpson.
RELATED: Alabama Attorney General Steve Marshall: Is ethics legislation what the public wants?
Despite the Senate having the bill for nearly a month, leadership has yet to place the bill in a committee. The bill will have to pass committee, pass the Senate, and the House would then have to agree with any changes made to the Senate before going to the governor's desk for a signature. With five legislative days remaining in this session, time is running short to get the bill through.
House Speaker Nathaniel Ledbetter (R-Rainsville) told reporters on Thursday that passing the legislation was at the top of his priority list.
"I think we passed a good ethics reform bill," Ledbetter said. "The Senate is certainly taking a hard look at that and we'll be meeting with Representative Simpson and kind of see where we're at."
State Sen. Pro-Tem Greg Reed (R-Jasper) told 1819 News that the Senate is still reviewing the bill.
The bill would revise the definition of bribery and add a new crime of using public office for financial gain to the criminal code. It would also move bribery from a Class C felony to Class B.
The bill would keep how the commission is overseen by five commission members who serve five-year terms and are appointed by the governor, lieutenant governor, and Speaker of the House of Representatives. The commission would still appoint a director to oversee its operations. However, the bill would establish new five-year terms for the director and a reappointment process subject to Senate confirmation.
The bill would also:
Transfer all criminal violations to the criminal code and authorize the ethics commission to impose private warnings, public reprimands, civil penalties, and restitution for violations of the ethics code or Fair Campaign Practices Act.
Explicitly authorize formal and informal advisory opinions from the commission and establish specific publishing requirements, including publishing the core principles articulated in informal opinions.
Require the commission to provide notice to a person under an ethics investigation.
Prohibit a state legislator from sponsoring or voting on legislation that could lead to a conflict of interest.
Prohibit a public official or public employee from taking official action that could lead to a conflict of interest and define "conflict of interest."
Prohibit certain entities seeking to influence official action before a governmental body, including a lobbyist, termed a "prohibited source," from giving gifts to certain public servants and would prohibit public servants from accepting gifts from prohibited sources. This bill would also define "gift" as anything valued over $100, with some exceptions.
Revise who must file a statement of economic interests and what information must be disclosed on a statement, and require the redaction of certain personal information on a statement from publication by the commission.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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