Professional Documents
Culture Documents
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1 Code of Ethics or the Fair Campaign Practices Act
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1 statements of economic interests that are
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1
2 A BILL
3 TO BE ENTITLED
4 AN ACT
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1 ethics from being registered as a lobbyist; and in connection
5 1901, as amended.
9 "36-25-1.
21 companies.
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1 "(3) CANDIDATE. This term as used in this chapter
3 17-5-2.
9 respondent.
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1 exist when a public official or public employee, family member
12 the following:
18 service.
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1 related to his or her agency or matters pending before his or
24 duties.
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1 expected or actual breach of some official responsibility to
11 or public employee.
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1 a person shall be considered a child of such a person by
6 employee for more than 180 days during the reporting period.
24 for his or her employer. The term does not include public
26 otherwise lobbyists.
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1 "(13)(15) EDUCATIONAL FUNCTION. A meeting, event, or
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1 governments for the purpose of carrying out a specific
27 thereof.
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1 "b. A county commission and any committee or
2 subcommittee thereof.
5 subcommittee thereof.
21 development professionals.
22 "(21)(25) LOBBYIST.
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1 "2. A person who lobbies as a regular and usual part
11 funds.
18 following:
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1 otherwise connected with legislative, executive, or regulatory
2 action.
25 lobbying activities.
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1 or communicates, or both, information relating to policy or
3 he or she represents.
18 following factors:
22 participants.
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1 period of time, or did not involve multiple victims and did
3 once.
7 employee.
23 "(24)(30) PRINCIPAL. A
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1 "2. A business that employs, hires, or otherwise
2 retains a lobbyist.
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1 person employed on a part-time basis whose employment is
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1 not limited to, the commission, the State Board of Adjustment,
19 employees.
27 judgment.
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1 "(34)(41) THING OF VALUE.
19 receipt thereof:
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1 or reciprocal expressions of friendship solicited or received
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1 prima facie evidence that the circumstances are not clear if
8 include lobbying.
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1 "d. Subject to paragraph b., the term also does not
2 include:
6 otherwise lawful.
13 family relationship.
26 de minimis value.
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1 "5.4. Loans from banks and other financial
9 to the public.
17 value.
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1 "12.8. Payment of or reimbursement for actual and
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1 "15.11. Any function or activity pre-certified by
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1 "17.13. Anything either (i) provided by an
15 officer or director.
20 the discount.
26 contribution.
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1 "16. Prospective or actual compensation and other
21 institution.
25 official.
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1 "f. Nothing in this subdivision shall be construed
3 defendant.
18 "36-25-2.
27 by law.
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1 "(4) It is important that there be public Public
11 public employee.
16 conflicts exist.
19 government.
22 unreasonably impede the service of those men and women who are
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1 officials and public employees responsibility to the public
2 must be avoided.
9 current issues.
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1 unreasonably impede the service of those men and women who are
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1 all relevant information and to insure that the public
9 "36-25-3.
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1 members of the first commission shall serve for a term of five
17 time.
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1 of the commission, and three members thereof shall constitute
2 a quorum.
20 writing, of the refusal. The member may at any time during his
22 however, the member's refusal for any covered period shall act
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1 including the making of campaign contributions, on the state,
4 election.
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1 "(g) The director may appoint part-time stenographic
8 System.
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1 constituted law enforcement officers of the State of Alabama
15 follows:
16 36-25-3.1.
19 36-25-23.
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1 Subdivisions (8) and (9) of subsection (a) of Section 36-25-14
15 36-25-3.2.
24 responder, or paramedic.
27 36-25-3.3.
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1 (a) Notwithstanding Section 36-25-1(b)(41)d., the
11 session;
15 exceed twenty five dollars ($25) per caucus member for each
26 satisfied.
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1 (c) For purposes of this section, if a principal is
16 including the date, time, and location of the event; the name
18 event; the total amount paid for the items; and a general
22 end of the month following the month in which the event was
23 held.
26 "36-25-4.
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1 "(1) Prescribe forms for statements required to be
9 chapter.
12 chapter.
26 law.
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1 "(7) Make investigations with respect to statements
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1 refrained from in reliance of on the advisory opinion. Nothing
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1 "(10) Initiate and continue, where practicable,
4 government service.
8 chapter.
12 the following:
14 Practices Act.
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1 Practices Act as set forth in this chapter that demonstrates a
3 violated.
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1 Public Accounts, upon receipt of the directive, shall comply
2 therewith.
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1 been fully disclosed and are true and accurate. The commission
8 section.
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1 commission in response to a complaint filed with the
9 by the commission.
25 constitutional provisions.
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1 respondent so long as the complainant remains anonymous.
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1 of Criminal Procedure as applicable to the grand jury process
27 notice that a complaint has been filed against him or her and
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1 shall be given a summary of the charges contained therein.
3 the hearing for not less than 30 days shall be granted for
17 deposited into the appropriate fund account for the use of the
18 commission.
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1 for contempt, as in the case of disobedience of a subpoena
23 12-16-216, inclusive.
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1 find probable cause, the complaint shall be deemed dismissed
3 the complaint. Upon good cause shown from the general counsel
10 the Fair Campaign Practices Act has violated that act, the
21 whom the case was referred may, upon written request of the
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1 commission, may inform the commission of the final disposition
9 "36-25-4.2.
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1 for any legislator elected in a special election within three
13 officers.
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1 quadrennial training programs set forth in this subsection, a
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1 required by this subdivision shall be satisfied by the
16 faculty for the training program may include the staff of the
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1 any public official, or public employee prior to before such
14 36-25-4.4
21 fund.
24 fund. The treasurer of the legal defense fund may not be the
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1 (3) A sworn statement of the public official or
10 of the legal defense fund. The name of the legal defense fund
11 shall include the words "legal defense fund" and the full name
25 days.
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1 dissolution with the commission and shall return any
23 of the expenditure.
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1 employee is a person under investigation for a violation of
9 section.
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1 account organized for a federal election, or any state or
17 subdivision (1).
21 used for any purpose other than those expressly set forth in
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1 (2) The services of an attorney or any other person
5 matter.
7 press consultants.
22 "36-25-5.
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1 official, or any business with which the person is associated
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1 way that materially affects the financial interest of the
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1 exist when a member of a legislative body, public official, or
12 legislation.
13 "36-25-5.1.
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1 "(b) Notwithstanding subsection (a), a lobbyist or
8 "36-25-7.
20 value.
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1 No public official or public employee shall solicit or receive
6 is a thing of value.
17 following:
20 subcommittee thereof.
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1 "(5) Lobbying any governmental body any public
3 is a member.
23 circumstances:
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1 "(2) The exchange occurs within six months of the
5 36-25-7.1.
11 36-25-7.2.
20 felony.
25 "36-25-8.
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1 consistent with the statute of limitations as contained in
12 State of Alabama.
13 "36-25-9.
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1 bankers, or other persons in the real estate industry may
6 agents shall not exceed more than one less than of a majority
14 interest.
18 "36-25-10.
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1 for a fee, reward, or other compensation, shall represent any
8 lobbying.
9 "36-25-11.
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1 the public employee or the public official, and any business
7 "36-25-12.
21 course of business.
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1 regulatory body, governmental agency, board, or commission.
10 regulated business.
22 "36-25-13.
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1 such membership. For the purposes of this subsection, such the
14 member during the remainder of the term for which the former
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1 official elected to a term of office shall serve for a fee as
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1 department or division chief,; purchasing or procurement agent
21 Section 36-27-8.2.
26 retirement.
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1 "(4) The contract is submitted to and approved by
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1 to the public official or public employee's term of office or
2 employment.
12 capacity.
13 "36-25-14.
16 the preceding calendar year shall complete and file with the
22 the following:
25 instrumentalities.
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1 state, county, or municipal level of government or their
20 similar positions.
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1 "(9) Any person who is a public official or public
7 job duties.
9 development permits.
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1 supervisor at the county or municipal level of government from
8 dollars ($75,000).
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1 "(11) Chief administrative officers of any political
2 subdivision.
4 inspectors.
13 administrators.
17 agencies.
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1 "(25) Every full-time public employee serving as a
2 supervisor.
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1 information on the person public official or candidate making
2 the filing:
16 resignation or removal.
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1 or candidate, from any business with which the public official
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1 public official on behalf of any person or business,
9 the services, and the amount paid for the services rendered by
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1 associations, loan or finance companies, or both,
23 ($250,000) or more.
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1 following categorical amounts: Less than one thousand dollars
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1 ($10,000) and less than fifty thousand dollars ($50,000);
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1 thousand dollars ($250,000) or more. The commission may add
4 disclosure requirement.
25 listing shall include the name and date of the event, the
27 that paid for the public official to attend, and the amount
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1 paid by the person or business for the public official to
2 attend.
8 filing:
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1 contract and whether the contract is in excess of ten thousand
2 dollars ($10,000).
13 the services, and whether the amount paid for the services
21 reporting year.
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1 in its discretion, assess a fine of ten dollars ($10) a day,
3 file timely.
11 required information.
15 information.
23 or her appearance.
27 failed to show good cause and vote to refer such matter to the
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1 Attorney General or the district attorney for the appropriate
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1 imposed by the commission, or shall, upon conviction, be
6 a Class D felony.
9 County, Alabama.
16 public official or candidate may not use any funds from any
22 section.
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1 commission may not excuse or exempt any person from any filing
11 but not the city, county, state, or zip code, from any address
14 to minor children.
17 theft.
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1 disclosure of such information would potentially endanger any
15 of Section 36-12-40.
22 "36-25-15.
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1 official or in the case of an independent candidate, the date
6 commission.
20 the name of the person shall not appear on the ballot and the
27 ballot.
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1 "36-25-17.
14 commission.
15 "36-25-18.
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1 information. The registration shall be in writing and shall
4 address.
7 principal or principals.
11 or legislative action.
17 she has read the registration, knows its contents and has
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1 chapter may not register as a lobbyist, regardless of whether
6 "36-25-19.
12 file one report that includes all who are principals by virtue
14 with the commission no later than January 31, April 30, July
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1 dollars ($500) in the prior quarter, excluding those financial
22 the commission.
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1 such officer or employee in the performance of the duties with
2 the organization.
3 "36-25-23.
27 capacity.
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1 "(c)(b) No public official, public employee, or
23 "36-25-24.
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1 violation, or what he or she believes in good faith to be a
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1 accuracy of a complaint as filed against a supervisor shall be
9 false reporting.
10 "36-25-26.
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1 any member who intentionally fails to comply with this
3 misdemeanor.
4 "36-25-27.
12 Class B felony.
21 misdemeanor.
27 filed.
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1 "(5) Any person who makes false statements to an
12 misdemeanor.
24 but not limited to, the failure to timely file a complete and
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1 of any economic loss to the state, county, and municipal
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1 shall be deemed to limit or otherwise prohibit the Attorney
19 voted that there was not probable cause for a violation shall
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1 "(d) Nothing in this chapter limits the power of the
9 or employees.
19 taken as prima facie just and reasonable and the court shall
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1 "(h) Any misdemeanor prosecution brought pursuant to
11 form the basis for a criminal charge under this chapter shall
22 existing crime.
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