SUMMARIES OF GENERAL LAWS ENACTED AND
CONSTITUTIONAL AMENDMENTS PROPOSED
BY THE LEGISLATURE OF ALABAMA
AT THE 2010 FIRST SPECIAL SESSION
December 8 - 16
, 2010

Prepared by:
Legislative Reference Service
613 Alabama State House
Montgomery, Alabama 36130


ACTS | HOUSE BILLS | SENATE BILLS | SUMMARIES

INDEX TO SUMMARIES OF GENERAL LAWS ENACTED
AND CONSTITUTIONAL AMENDMENTS PROPOSED
BY THE LEGISLATURE OF ALABAMA AT THE 2010 FIRST SPECIAL SESSION

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ACTS
2010 SPECIAL SESSION

ACT
BILL
ACT
BILL
ACT
BILL



2010-759 HB10 2010-762 HB11 2010-765 HB9
2010-760 SB3 2010-763 SB1
2010-761 SB2 2010-764 SB14

HOUSE BILLS
2010 FIRST SPECIAL SESSION
HOUSE BILL
ACT
HOUSE BILL
ACT
HOUSE BILL
ACT



HB9 2010-765 HB10 2010-759 HB11 2010-762

SENATE BILLS
2010 FIRST SPECIAL SESSION

SENATE BILL
ACT
SENATE BILL
ACT
SENATE BILL
ACT



SB1 2010-763 SB3 2010-760
SB2 2010-761 SB14 2010-764

SUMMARIES OF GENERAL LAWS ENACTED
AND CONSTITUTIONAL AMENDMENTS PROPOSED
BY THE LEGISLATURE OF ALABAMA AT THE 2010 FIRST SPECIAL SESSION


Act 2010-759, HB10, prohibits “pass-through appropriations,” defined in the act as public funds passed through from one entity to another at the direction of a member of the Legislature, if the expenditure is not for a purpose specified in a line-item appropriation and provides that any person directing or permitting a pass-through appropriation is subject to disciplinary action or dismissal, or both, and is guilty of a Class C misdemeanor if the person knew or had reason to know of the pass-through appropriation. The act also requires reporting of violations to the Governor and the Ethics Commission and specifies the act does not prevent a legislator from lobbying for or offering support for a legal and valid program of an agency.
EFFECTIVE DATE: December 14, 2010.

Act 2010-760, SB3, is the Legislative Double Dipping Prohibition Act. The act prohibits a member of the Legislature from being employed with any other branch of government, any department, agency, board, or commission of the state, or any public educational institution during the time of serving as a legislator. The act provides certain exceptions to the prohibition, provides for the repayment of compensation earned in violation of the act, and provides for enforcement by the Attorney General.
EFFECTIVE DATE: January 17, 2011.

Act 2010-761, SB2, amends Section 17-17-5, Code of Alabama 1975, to specifically prohibit employees of the state, a county, a city, a local school board, or other governmental agency from arranging for payments by salary deduction, or otherwise, to a political action committee or for dues of a membership organization that uses any portion of the dues for political activities and defines political activity for that purpose.
EFFECTIVE DATE: March 20, 2011.

Act 2010-762, HB11, broadens the definition of lobbying to include activity with the executive, legislative, or judicial branch. The act precludes a member of the Legislature from representing any person, firm, corporation, or other entity before an executive department or agency for a fee, reward, or other compensation in addition to that received in his or her official capacity. The act also requires mandatory ethics training for public officials, public employees, and lobbyists and specifies the curriculum and procedures for the training. The act also requires the Ethics Commission to allow electronic filing of records and to maintain an electronic, searchable database for the public.
EFFECTIVE DATE: January 1, 2011.

Act 2010-763, SB1, amends Sections 36-25-3, 36-25-4, and 36-25-27, Code of Alabama 1975, to revise the procedures for appointment of the State Ethics Commission and to require Senate confirmation of those members. The act provides that at least one member of the commission must be an Alabama-licensed attorney in good standing. The act provides for revised standards and procedures for acting on complaints and authorizing a formal investigation, subpoena power for the commission, new procedures for post-investigation referral, and status reports by the Attorney General or district attorney. The act provides additional criminal penalties for violations of these provisions. The act precludes public disclosure of a complaint until the final disposition of the matter and precludes public disclosure altogether if a complaint is dismissed or found not to have probable cause.
EFFECTIVE DATE: January 1, 2011.

Act 2010-764, SB14, amends Sections 36-25-1 and 36-25-7, Code of Alabama 1975, to revise certain defined terms and define additional terms in the Code of Ethics. The act specifies that no person may offer and no public official may receive anything for the purpose of influencing official action regardless of whether or not the object solicited or received is a thing of value. The act prohibits a lobbyist, a subordinate of a lobbyist, or a principal from offering or providing a thing of value to a public employee or public official or to a family member of the employee or official, with delineated exceptions. The act also directs the State Ethics Commission to report to the Legislature efforts of other states to strengthen state ethics laws.
EFFECTIVE DATE: March 20, 2011.

Act 2010-765, HB9, is the Congressman Mike Rogers/Jeff McLaughlin Campaign Finance Transparency Act. The act amends Sections 17-5-7 and 17-5-15, Code of Alabama 1975, to prohibit campaign contributions, expenditures, and other transfers of funds between political action committees, 527 organizations, or private foundations, including principal campaign committees. The act limits certain political party expenditures of principal campaign committees to $5,000 per election cycle. The act also limits certain receipts and expenditures of a principal campaign committee to $1,000 and provides that a violation is a Class C felony.
EFFECTIVE DATE: December 20, 2010.