Alabama Advisory Opinions November 01, 1999: AGO 2000-017 (November 1, 1999)

Alabama Attorney General Opinions

1999.

AGO 2000-017.

Dear Speaker Hammett:

This opinion of the Attorney General is issued in response to your request.

QUESTION 1

Is a legislative caucus which has filed a "Statement of Organization as a Political Committee" with the Office of the Secretary of State for the State of Alabama a "Political Committee" as that term is defined in the Fair Campaign Practices Act?

FACTS AND ANALYSIS

A political committee is defined in the Fair Campaign Practices Act (FCPA), specifically section 17-22A-2(10) of the Code of Alabama, as follows:

Any political committee, club, association, principal campaign committee, political party, or other group of one or more persons which receives or anticipates receiving contributions or makes or anticipates making expenditures to or on behalf of any elected official, proposition, candidate, principal campaign committee or other political committee. For purposes of this chapter, an individual who makes a personal political contribution, other than a candidate who makes a contribution to himself or herself, shall not be considered a political committee.

ALA. CODE § 17-22A-2(10) (Supp. 1998). A political committee must file a statement of organization if it meets the requirements of section 17-22A-5 that states in pertinent part:

(a) Each political committee , other than a principal campaign committee, which anticipates either receiving contributions or making expenditures during the calendar year in an aggregate amount exceeding $1,000 shall file with the Secretary of State or the judge of probate as herein provided in Section 17-22A-9, a statement of organization , within 10 days after its organization or, if later within 10 days after the date on which it has information which causes the committee to anticipate it will receive contributions or make expenditures in an aggregate amount in excess of $1,000. . . .

ALA. CODE § 17-22A-5(a) (1995) (emphasis added).

This Office has previously held that if a legislative caucus plans to receive contributions as defined in the FCPA or makes expenditures as defined in the FCPA in support of candidates, principal campaign committees, elected officials, propositions, or political committees, the caucus is a political committee and must comply with the reporting requirements of the FCPA if the contributions and/or expenditures are in excess of $1,000. See Opinion to Honorable Jim Campbell, Speaker Pro Tem, House of Representatives, dated January, 30, 1992, A. G. No. 92-00150 and ALA. CODE §§ 17-22A-5 and 17-22A-8 (1995).

CONCLUSION

A legislative caucus that has filed a "statement of organization as a political committee" with the Secretary of State's Office is clearly a "political committee" as that term is defined in section 17-22A-2(10) of the Code of Alabama.

QUESTION 2

If the answer to question number 1 is in the affirmative, are "contributions" (as that term is defined under the FCPA) to a legislative caucus (i.e., "political committee") the same as "campaign contributions" as that term is used in the Alabama Ethics Law at section 36-25-23(b) of the Code of Alabama?

FACTS AND ANALYSIS

This question arises from issues raised in Advisory Opinion No. 99-39 of the Ethics Commission concerning fund raising by public officials and the definition of "campaign contribution" as used in section 36-25-23(b) of the Code of Alabama. Section 36-25-23(b) of the Ethics Law states:

(b) No public official, public employee, or group of public officials or public employees shall solicit any lobbyist to give any thing whether or not the thing solicited is a thing of value to any person or entity for any purpose other than a campaign contribution.

ALA. CODE § 36-25-23(b) (Supp. 1998) (emphasis added). Definitions of terms as used in the Ethics Law are provided in section 36-25-1 of the Code; however, the term "campaign contribution" is not defined in the Ethics Law. The term "candidate" as used in the Ethics Law is defined in the Ethics Law to have the same meaning as used in section 17-22A-2 of the FCPA. ALA. CODE § 36-25-1(3) (Supp. 1998). Although the term "campaign contribution" is not defined in the FCPA, the term "contribution" is defined in the FCPA. The terms "contribution" and "campaign contribution" are commonly used interchangeably. "Contribution" is defined in the FCPA, in pertinent part, as follows:

a. The following shall be considered contributions:

1. A gift, subscription, loan, advance, deposit of money or anything of value, a payment, a forgiveness of a loan, or payment of a third party, made for the purpose of influencing the result of an election.

2. A contract or agreement to make a gift, subscription, loan, advance, or deposit of money or anything of value for the purpose of influencing the result of an election.

3. Any transfer of anything of value received by a political committee from another political committee, political party, or other source.

4. The payment of compensation by any person for the personal services or expenses of any other person if the services are rendered or expenses incurred on behalf of a candidate, political committee, or political party without payment of full and adequate compensation by the candidate, political committee, or political party. . . .

ALA. CODE § 17-22A-2(2) (Supp. 1998).

Since the Ethics Law does not define the term "campaign contribution" and refers to the FCPA with respect to any political fundraising activities, it is the opinion of this Office that the definition of "contribution" in the FCPA should be used as the definition of "campaign contribution" in the Ethics Law. This opinion is strengthened by the language set out in section 36-25-13(f) of the Ethics Law, which provides as follows:

Nothing in this chapter shall be deemed to limit the right of a public official or public employee to publicly or privately express his or her support for or to encourage others to support and contribute to any candidate, political committee as defined in Section 17-22A-2, referendum, ballot question, issue, or constitutional amendment.

ALA. CODE § 36-25-13(f) (Supp. 1998).

CONCLUSION

A "contribution," as defined in the FCPA, to a political committee is the same as a "campaign contribution" as used in the Ethics Law.

I hope this opinion answers your questions. If this Office can be of further assistance, please contact Brenda F. Smith of my staff.

Sincerely,

BILL PRYOR

Attorney General

By: CAROL JEAN SMITH

Chief, Opinions Division

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