SB 103 — Relating to the State Ethics Commission; to require the commission to provide an alleged violator with certain evidence; and to amend Section 36-25-24, Code of Alabama 1975, to further provide whistle blower protection to employees reporting ethics violations.

SB103 ENGROSSEDENROLLED 0H3MGC-20H3MGC-3 By Senators Orr, Chesteen, Price, Williams, Gudger, Barfoot, Elliott, Albritton, Roberts, Kelley, Jones, Stutts, Bell, Butler, Singleton, Coleman, Coleman-Madison RFD:

JudiciaryConference Committee on SB103 First Read:

21-Mar-23 2023 Regular Session Page 0 SB103 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to the State Ethics Commission;

to require the commission to provide an alleged violator with certain exculpatoryevidence; evidence.

and to amend Section 36-25-24, Code of Alabama 1975, to further provide whistle blower protection to employees reporting ethics violations.

(a) Notwithstanding any other provision of law, prior to any hearing before the State Ethics Commission pursuant to Section 36-25-4(e), Code of Alabama 1975, for a violation of Chapter 25 of Title 36 or Chapter 5A5 of Title 17, Code of Alabama 1975, or issuance of an order for administrative resolution of an alleged violation of Chapter 25 of Title 36 or Chapter 5A5 of Title 17, Code of Alabama 1975, whether by issuing an order or levying a fee or penalty, a lawyer or prosecutor assigned to, or employed by, the State Ethics Commission shall provide to the personrespondent alleged to have violated the law boththe complaint together with any statement, evidence, or information received from the complainant, witnesses, or other individuals or discovered in the course of the following:investigation;

(1)provided, Allhowever, discoveryany andinformation exculpatoryprovided evidenceto pursuantthe torespondent Ruleshall 16.1be ofkept theconfidential Alabamauntil Rulesthe conclusion of Criminalany Procedureproceedings andbefore asthe otherwisecommission providedor byany law.resulting prosecution.

(2)(b) IfUpon thereferral allegationof wasa initiatedcase by the State Ethics Commission to the Attorney General or to a complaintdistrict madeattorney, Page 1 SB103 EngrossedEnrolled all evidence obtained by, or in the possession of, the State Ethics Commission shall be provided upon referral to the commissionprosecuting entity and may be disclosed pursuant to Sectionthe 36-25-4(d),Alabama CodeRules of AlabamaCriminal 1975,Procedure theor identityas ofotherwise theprovided complainant.by law.

(b)(c) UponIf referralthe ofcommission aor caseits byemployees thedisclose Stateinformation Ethics Commission, to the Attorneyrespondent Generalthat orthe tocommission aor Districtemployees Attorney,believe allis evidenceexculpatory, obtainedneither by, or in the possessioncommission of,nor theits Stateemployees Ethicsare Commissionliable shallfor beviolating providedthe uponrestrictions referralrelating to thesecrecy prosecuting entity and maynondisclosure beof disclosedinformation pursuantprovided toin thesubsections Alabama(c) Rulesand (d) of CriminalSection Procedure36-25-4, orCode asof otherwiseAlabama provided1975. by law.

Section 36-25-24, Code of Alabama 1975, is amended to read as follows:

"§36-25-24 (a) A supervisor shall not discharge, demote, transfer, or otherwise discriminate against a public employee regarding such the employee's compensation, terms, conditions, or privileges of employment based on either the employee's reporting a violation, or what he or she believes in good faith to be a violation, of this chapter, or the employee's giving truthful statements or truthful testimony concerning an alleged ethics violation, regardless of whether the employee filed the complaint.

(b) Nothing in this chapter shall be construed in any manner to prevent or prohibit or otherwise limit a supervisor from disciplining, discharging, transferring, or otherwise affecting the terms and conditions of a public employee's Page 2 SB103 Enrolled employment so long as the disciplinary action does not result from or is in no other manner connected with the public employee's filing a complaint with the commission, giving truthful statements, and or truthfully testifying in an ethics investigation.

(c) No public employee shall file a complaint or otherwise initiate action against a public official or other public employee without a good faith basis for believing the complaint to be true and accurate.

(d) A supervisor who is alleged to have violated this section shall be subject to civil action in the circuit courts of this state pursuant to the Alabama Rules of Civil Procedure as promulgated by the Alabama Supreme Court.

(e) A public employee who without a good faith belief in the truthfulness and accuracy of a complaint filed against a supervisor, shall be subject to a civil action in the circuit courts in the State of Alabama pursuant to the Alabama Rules of Civil Procedure as promulgated by the Supreme Court.

Additionally, a public employee who without a good faith belief in the truthfulness and accuracy of a complaint as filed against a supervisor shall be subject to appropriate and applicable personnel action.

(f) Nothing in this section shall be construed to allow a public employee to file a complaint to prevent, mitigate, lessen, or otherwise to extinguish existing or anticipated personnel action by a supervisor.

A public employee who willfully files such a complaint against a supervisor shall, upon conviction, be guilty of the crime of false reporting." Page 3 SB103 Enrolled Section 3.

Page 24 SB103 EngrossedEnrolled Senate89 Read________________________________________________ forPresident and Presiding Officer of the firstSenate time93 and95 referred________________________________________________ ................21-Mar-23Speaker toof the House of Representatives 98 SB103 Senate committee25-Apr-23 onI Judiciaryhereby Readcertify forthat the secondwithin timeAct andoriginated placedin ................13-Apr-23and onpassed the calendar:Senate.

0Senate amendments06-Jun-23 ReadI forhereby certify that the thirdwithin timeAct originated in and passed ................25-Apr-23the Senate, as amended Yeasby 31Conference NaysCommittee 0Report. Abstains 0 Patrick Harris, Secretary.

PagePatrick 3Harris, Secretary.

House of Representatives Amended and passed:

31-May-23 House of Representatives Passed 06-Jun-23, as amended by Conference Committee Report.

By:

Senator Orr Page 5