SB103 Alabama 2023 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2023

Title

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.

Summary

SB103 requires the State Ethics Commission to share exculpatory evidence with alleged violators before hearings and strengthens whistleblower protections for employees who report ethics violations.

What This Bill Does

Before any ethics hearing or administrative resolution, the Commission must provide the accused with the complaint and any exculpatory evidence or information gathered in the investigation, kept confidential until proceedings end. If a case is referred to prosecutors, all evidence in the Commission's possession must be shared with the prosecuting entity and may be disclosed under applicable rules. The bill also protects staff who disclose exculpatory information from liability for secrecy violations and strengthens protections for employees who report violations or testify, including civil remedies for retaliation and penalties for false reporting; it becomes effective on the first day of the third month after enactment.

Who It Affects

• Respondents accused of ethics or campaign finance violations, who would receive the complaint and exculpatory evidence prior to proceedings.
• The State Ethics Commission and its staff, who must share evidence and are protected when disclosing exculpatory information.
• Prosecutors (Attorney General or district attorneys) who receive evidence from the Commission for cases referred to them.
• Public employees who report ethics violations or provide truthful statements/testimony, who receive strengthened whistleblower protections and remedies if retaliation occurs.

Key Provisions

• The Commission must provide the respondent with the complaint and any exculpatory evidence or information gathered during the investigation before any hearing or administrative resolution, with confidentiality maintained until proceedings conclude.
• If a case is referred to the Attorney General or a district attorney, all evidence in the Commission's possession must be provided to the prosecuting entity and may be disclosed under the Alabama Rules of Criminal Procedure or as allowed by law.
• If the Commission or its employees disclose information believed to be exculpatory, they are not liable for violations of secrecy or nondisclosure restrictions.
• Amendments to Section 36-25-24 strengthen whistleblower protections: supervisors cannot retaliate against public employees for reporting a violation or for truthful statements/testimony; retaliation actions are constrained to actions not tied to the complaint, and there are civil remedies for retaliation and penalties for false reporting.
• Public employees must have a good faith basis for complaints; false reporting can lead to civil penalties; the act includes provisions for appropriate personnel action and civil actions for those filing complaints without good faith.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Ethics Commission, requirement to provide exonerating evidence to accused