HB182 Alabama 2010 Session

Summary

Primary Sponsor

Victor Gaston

Republican

Session

Regular Session 2010

Title

Ethics Commission, granted subpoena power, Sec. 36-25-3 am'd.; Act 2009-225, 2009 Reg. Sess. am'd.

Summary

HB182 would grant the State Ethics Commission subpoena power and create a small, specially designated investigative staff with police powers to enforce ethics laws.

What This Bill Does

The bill lets the State Ethics Commission issue subpoenas during ethics investigations only after a formal complaint has progressed beyond the preliminary inquiry, and only with written authorization from the director. Subpoenas can require witnesses to testify and produce documents, with courts able to enforce compliance through contempt. It creates up to six full-time investigators who are state law enforcement officers with police powers to enforce the commission's rules, with arrest powers limited to court orders. The Commission would have a full-time director and may hire legal counsel who acts like an assistant or deputy attorney general to handle legal matters for the Commission.

Who It Affects

• State Ethics Commission and its staff (including the director, investigators, and legal counsel) gain subpoena authority and enforcement powers to carry out ethics investigations.
• People and organizations involved in ethics investigations (witnesses, businesses, and record-holders) may be subpoenaed and required to testify or produce documents, with noncompliance punishable by the courts.

Key Provisions

• Grants subpoena power to the Commission, but only in cases where complaints have been filed and progressed beyond the preliminary inquiry, with written authorization from the director.
• Subpoenas may require attendance and the production of books, papers, documents, and other evidence; noncompliance can be enforced by a competent court for contempt.
• The director may designate a chief investigator and up to six full-time investigators who are law enforcement officers with police powers to enforce this chapter; their powers of arrest require a court order.
• The Commission may hire a full-time director and a legal counsel who acts as an assistant or deputy attorney general dedicated to the Commission.
• Regulations to implement subpoenas and other procedures must follow the Alabama Administrative Procedure Act; investigators and related roles are defined and organized to support enforcement of this chapter.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Ethics Commission