SB471 By Senator Glover RFD Constitution, Ethics and Elections Rd 1 12-MAY-15

SYNOPSIS: Under existing law, there are certain criminal and civil penalties that may be charged or assessed against any person who violates the Fair Campaign Practice Act.

This bill would provide that any civil penalties for violation of the act would be assessed by the appropriate filing official.

A BILL TO BE ENTITLED AN ACT

To amend Section 17-5-19, Code of Alabama 1975, relating to the Fair Campaign Practices Act; to provide that civil penalties for violations shall be assessed by the filing official.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 17-5-19 of the Code of Alabama 1975, is amended to read as follows:

§17-5-19.

"(a) Except as otherwise provided in this section, a person who intentionally violates any provision of this chapter shall be guilty, upon conviction, of a Class A misdemeanor.

"(b) A person who intentionally violates any reporting requirement of Sections 17-5-4, 17-5-5, or 17-5-8 shall be guilty, upon conviction, of a Class A misdemeanor. A person's failure to promptly file a required report upon discovering or receiving notice from any person that the report has not been filed, or the failure to promptly correct an omission, error, or other discrepancy in a filed report upon discovering or receiving notice of the discrepancy, shall create a rebuttable presumption of intent to violate the applicable reporting requirement.

"(c) Any person who intentionally violates Section 17-5-7 shall be guilty, upon conviction, of a Class B felony.

"(d) A person who fails to timely or accurately file any report required by this chapter shall be assessed a civil penalty of the greater of three hundred dollars ($300) or ten 10 percent of the amount not properly reported for a first offense in an election cycle, six hundred dollars ($600) or 15 percent of the amount not properly reported for a second offense in an election cycle, and one thousand two hundred dollars ($1,200) or 20 percent of the amount not properly reported for a third or subsequent offense in an election cycle. A fourth failure to timely or accurately file a report in an election cycle shall create a rebuttable presumption of intent to violate the reporting requirements of this chapter. Civil penalties shall be assessed by and paid to the appropriate filing official. All penalties collected by a judge of probate shall be distributed to that county's general fund, and all penalties collected by the Secretary of State shall be distributed to the State General Fund. A person who voluntarily files an amended report to correct an error in an otherwise timely filed report, without being prompted by a filing official shall not be subjected to a civil penalty under this subsection, so long as, in the case of a candidate, the corrected report is filed prior to the election at issue, and so long as, in the case of a political action committee, the corrected report is filed prior to the election which the contribution was given to influence.

"(e) The Attorney General or district attorney for the appropriate jurisdiction may prosecute violations of this chapter. Venue for cases involving violations of this chapter shall be in the county in which the violation occurred or the county in which the alleged violator resides or is incorporated. If the alleged violator resides or is incorporated outside of the State of Alabama or if the violation or violations occurred outside the State of Alabama, venue shall be in Montgomery County.

"(f) No prosecution for violation of this chapter shall be commenced later than two years after the date of violation. Notwithstanding the foregoing, a prosecution brought pursuant to Section 17-5-7 shall be commenced within four years after the commission of the offense."

Section 2. The Secretary of State may promulgate any rules necessary to implement Section 17-5-19, Code of Alabama 1975, as amended by this act, pursuant to the Alabama Administrative Procedure Act.

Section 3. This act shall become effective on the immediately following its passage and approval by the Governor, or its otherwise becoming law.

Fair Campaign Practices Act

Elections

Campaign Finances

Crimes and Offenses

Criminal Law and Procedure

Code Amended