Alabama House committee OKs bill that would overhaul state ethics law

Rep. Matt Simpson, R-Daphne, stands on the floor of the Alabama House of Representatives on Feb. 8, 2024 in Montgomery, Alabama. (Brian Lyman/Alabama Reflector)

An Alabama House committee Wednesday approved a bill to overhaul the state ethics code on a voice vote.

HB 227 , sponsored by Rep. Matt Simpson, R-Daphne, would make it a Class B felony, punishable by up to 20 years in prison, for a person who offers, confers, or agrees to confer anything of value to a public servant. It would also make it a Class B felony if the public servant solicits or accepts a bribe for themselves or any other person, regardless of relation.

The current punishment is a Class C felony, punishable by up to 10 years in prison, and it only includes the public servant, not any other person regardless of relation.

“We’re strengthening the law in that perspective. Instead of just saying ‘Well, if it only has to be something offered to your friends and family member,” that’s if the lobbyists or the person offering the bribe does it. But for the public servants themselves, if they do anything in exchange for a vote, that’s a bribe,” Simpson said.

The bill would also weaken the powers of the Ethics Commission and provide for five-year terms for the director, who may be reappointed subject to Senate confirmation.

The Alabama Ethics Commission in a Feb. 14 letter said the bill shifts responsibility for interpreting use of office for personal gain and corruption from the Ethics Commission law enforcement division to district attorneys and the Attorney General.

The commission would still have the power to impose private warnings, public reprimands, civil penalties and restitution for ethics violations that are not criminal.

“This will inevitably lead to inconsistent application for the regulated community and those who represent them,” the letter stated.

Simpson said after the meeting he disagreed with the concern. He said that those criminal ethics violations would be treated like any other crime.

“In criminal law, if district attorneys have differences of opinions, what happens? The case is then appealed to the Court of Criminal Appeals, and they make a determination, and they can be appealed again to the Supreme Court,” he said.

In a public hearing on Feb. 28 over the bill, some speakers voiced concerns over shifting all criminal violations to the criminal code to be prosecuted by the Attorney General or district attorneys.

Former Rep. Mike Ball, R-Madison, asked the commission at the public hearing to be “very deliberate” and to “keep the egos out, keep the politics out.” He said that most district attorneys aren’t concerned with politics, but some may be and suggested it be taken out.

“The Attorney General is a politician. You got to make sure there’s checks and balances on the whole thing,” Ball added.

The bill would prohibit any public servant from taking official action under a conflict of interest. The current code only prohibits a lawmaker from voting under a conflict of interest.

“It creates a new prohibition that does not currently exist under the law. The new section broadly prohibits any public servant from taking any official action under the conflict of interest,” Simpson said.

The initial draft of the bill had a gift ban of anything over $100 a day, but the filed version limited it to $500 a year.

The bill goes to the House for a vote.

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