HB432 Alabama 2018 Session

Summary

Primary Sponsor

Alan BakerRepresentative

Republican

Session

Regular Session 2018

Title

Ethics Commission, enforcement provisions revised, Secs. 36-25-1, 36-25-4, 36-25-27 am'd.

Summary

HB 432 would revise Alabama's State Ethics Commission enforcement by redefining minor violations, raising penalties, changing how investigations start, and allowing district courts to hear ethics cases.

What This Bill Does

It lowers or clarifies what counts as a minor violation and increases the possible administrative penalties for such violations (up to $6,000) with restitution for any state, county, or municipal losses. It changes how criminal investigations may begin, requiring written complaints, preliminary review, and, in some cases, four commission votes and a three-judge panel to conduct hearings before referral to a DA or the Attorney General. It also establishes that district courts have jurisdiction to hear ethics cases alongside circuit courts and outlines new hearing and enforcement procedures, including potential administrative resolutions and referrals for prosecution.

Who It Affects

• Public officials and public employees in Alabama: definitions, penalties, and investigation procedures for ethics violations may change, with higher penalties and new processes.
• District attorneys, the Attorney General, and the judiciary: new jurisdictional framework (district courts) and hearing procedures for ethics cases, including potential referrals and enforcement roles.

Key Provisions

• Redefines minor violation with monetary thresholds related to economic gains or losses by public officials or employees.
• Increases the administrative penalty cap for minor violations to up to $6,000 and requires restitution for economic losses, with a minimum penalty tied to multiple of loss/gain.
• Requires four commission members' approval or director's written consent (with probable cause) to initiate investigations; in some cases, a three-judge panel appointed by the Chief Justice conducts hearings.
• Affirms district courts as having jurisdiction to hear ethics case matters in addition to circuit courts.
• Allows administrative resolutions for minor violations via unanimous vote, subject to DA/AG approval, and permits referrals or prosecution by the appropriate prosecutor.

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