SB1037NRTV2-1 ENROLLED03/16/2023 0H3MGC-3PMG By(F) SenatorsPMG Orr,2023-861 Chesteen,House Price,Ethics Williams,and Gudger,Campaign Barfoot,Finance Elliott,Reported Albritton,Substitute Roberts,for Kelley,SB103 Jones,2 Stutts,4 Bell,A Butler,BILL Singleton,TO Coleman,BE Coleman-MadisonENTITLED RFD:AN ACT 9 Relating to the State Ethics Commission;

Conferenceto Committeerequire onthe SB103commission Firstto Read:provide an alleged violator with certain exculpatory evidence.

21-Mar-23 2023 Regular Session Page 0 SB103 Enrolled Enrolled, An Act, 3 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.

(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 respondentperson alleged to have violated the law theboth complaint together with any statement, evidence, or information received from the complainant, witnesses, or other individuals or discovered in the course of the investigation;following:

provided,(1) however,All anydiscovery informationand providedexculpatory toevidence thepursuant respondentto shallRule be16.1 keptof confidential until the conclusionAlabama Rules of anyCriminal proceedingsProcedure beforeand theas commissionotherwise orprovided anyby resultinglaw. prosecution.

(b)(2) UponIf referralthe ofallegation awas caseinitiated by the State Ethics Commission to the Attorney General or to a districtcomplaint attorney,made Page 1 SB103House Enrolled all evidence obtained by, or in the possession of, the State Ethics Commissionand shallCampaign beFinance providedReported uponSubstitute referralfor SB103 to the prosecutingcommission entity and may be disclosed pursuant to theSection Alabama36-25-4(d), RulesCode of CriminalAlabama Procedure1975, orthe asidentity otherwiseof providedthe bycomplainant. law.

(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.

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 42 SB103House EnrolledEthics 89and ________________________________________________Campaign PresidentFinance andReported PresidingSubstitute Officerfor ofSB103 the Senate 93Read 95for ________________________________________________the Speakerfirst oftime theand Housereferred of................21-Mar-23 Representativesto 98the SB103 Senate 25-Apr-23committee Ion herebyJudiciary certifyRead thatfor the withinsecond Acttime originatedand inplaced and................13-Apr-23 passedon the Senate.calendar:

Senate0 06-Jun-23amendments IRead herebyfor certify that the withinthird Acttime originated in and passed the................25-Apr-23 Senate, as amended byYeas Conference31 CommitteeNays Report.0 Abstains 0 Patrick Harris, Secretary.

PatrickPage Harris,3 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