Amendment vs bill Amendment 75UXE2-1 vs Enrolled

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SB103 ENROLLED 0H3MGC-3 By Senators Orr, Chesteen, Price, Williams, Gudger, Barfoot, Elliott, Albritton, Roberts, Kelley, Jones, Stutts, Bell, Butler, Singleton, Coleman, Coleman-Madison RFD:
75UXE2-1 :
Conference Committee on SB103 First Read:
4/20/2023 :
21-Mar-23 2023 Regular Session Page 0 SB103 Enrolled Enrolled, An Act, 3 Relating to the State Ethics Commission;
CMH AMENDMENT TO SB103 OFFERED BY ARTHUR ORR 2 4 Replace line 19 on page 1 with the following:
to require the commission to provide an alleged violator with certain evidence;
commission to provide an alleged violator with certain exculpatory 9 Replace lines 22 on page 1 through line 34 page 2 with the following:
and to amend Section 36-25-24, Code of Alabama 1975, to further provide whistle blower protection to employees reporting ethics violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
(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 5 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 5 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 respondent alleged to have violated the law the complaint together with any statement, evidence, or information received from the complainant, witnesses, or other individuals or discovered in the course of the investigation;
(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 5A 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 5A 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 person alleged to have violated the law both of the following:
provided, however, any information provided to the respondent shall be kept confidential until the conclusion of any proceedings before the commission or any resulting prosecution.
(1) All discovery and exculpatory evidence Page 1 75UXE2-1 :
(b) Upon referral of a case by the State Ethics Commission to the Attorney General or to a district attorney, Page 1 SB103 Enrolled all evidence obtained by, or in the possession of, the State Ethics Commission shall be provided upon referral to the prosecuting entity and may be disclosed pursuant to the Alabama Rules of Criminal Procedure or as otherwise provided by law.
4/20/2023 :
(c) If the commission or its employees disclose information to the respondent that the commission or employees believe is exculpatory, neither the commission nor its employees are liable for violating the restrictions relating to secrecy and nondisclosure of information provided in subsections (c) and (d) of Section 36-25-4, Code of Alabama 1975.
CMH AMENDMENT TO SB103 OFFERED BY ARTHUR ORR pursuant to Rule 16.1 of the Alabama Rules of Criminal Procedure and as otherwise provided by law.
Section 2.
(2) If the allegation was initiated by a complaint made to the commission pursuant to Section 36-25-4(d), Code of Alabama 1975, the identity of the complainant.
Section 36-25-24, Code of Alabama 1975, is amended to read as follows:
(b) Upon referral of a case by the State Ethics Commission, to the Attorney General or to a District Attorney, all evidence obtained by, or in the possession of, the State Ethics Commission shall be provided upon referral to the prosecuting entity and may be disclosed pursuant to the Alabama Rules of Criminal Procedure or as otherwise provided by law.
"§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.
Page 2
(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.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 4 SB103 Enrolled 89 ________________________________________________ President and Presiding Officer of the Senate 93 95 ________________________________________________ Speaker of the House of Representatives 98 SB103 Senate 25-Apr-23 I hereby certify that the within Act originated in and passed the Senate.
Senate 06-Jun-23 I hereby certify that the within Act originated in and passed the Senate, as amended by Conference Committee Report.
Patrick Harris, 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