HB121 By Representatives Sorrell and McCutcheon RFD State Government Rd 1 04-FEB-20

SYNOPSIS: This bill would prohibit any governmental entity from expending public funds to advocate in favor of or against statewide and local ballot measures.

A BILL TO BE ENTITLED AN ACT

Relating to public funds; to prohibit any governmental entity from expending public funds to advocate in favor of or against statewide and local ballot measures.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For the purposes of this section, the term governmental entity includes the state, or any political subdivision thereof, or any department, agency, board, commission, or authority of the state or political subdivision, or any public corporation, authority, agency, board, commission, or other governmental entity controlled by the state or political subdivision, including a public institution of higher education, local board of education, or any school under the jurisdiction of a local board of education.

(b)(1) Any provision of law to the contrary notwithstanding, a governmental entity may not expend any public funds from any source for activities to advocate for electors to vote in favor of or against a statewide or local ballot measure, even if the governmental entity has determined that the expenditure serves a public purpose.

(2) For the purposes of this subsection, the activities prohibited are those enumerated in subdivision (1) of subsection (b) of Section 17-17-5, Code of Alabama 1975, including the presentation or distribution of any political literature or the placement of any sign, banner, marker, or other political poster on the property of a governmental entity, if the purpose is to advocate for electors to vote in favor of or against a statewide or local measure.

(3) The Department of Examiners of Public Accounts shall report any violation of this subsection by a governmental entity to the Chairs of the Senate Finance and Taxation General Fund Committee and the Senate Finance and Taxation Education Committee and the Chairs of the House Ways and Means General Fund Committee and the House Ways and Means Education Committee.

(c) Providing information on ballot issues which do not advocate a specific voter action is not a prohibited activity under subsection (b).

(d) Nothing in this section shall prevent a contribution or dues payment to a trade association in which the public entity is a member.

Section 2. This act shall become effective on the first day of the fourth month following its passage and approval by the Governor, or its otherwise becoming law.

Education

Colleges and Universities

Elections

Board of Education, County

Board of Education, City