“Section 813310. (A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment and qualification of the atlarge members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is directed to change all references to “this chapter” in Article 3 of Chapter 13 of Title 8 to “this chapter and Chapter 17 of Title 2”. (B)(A)(1) There is created the State Ethics Commission composed of nine eight members of which: (a) four members must be appointed by the Governor, upon the advice and consent of the General Assembly. no more than two of whom are members of the appointing Governor’s political party; (b) one member must be appointed by the legislative caucus of the majority political party in the Senate; (c) one member must be appointed by the legislative caucus of the largest minority political party in the Senate; (d) one member must be appointed by the legislative caucus of the majority political party in the House of Representatives; and (e) one member must be appointed by the legislative caucus of the largest minority political party in the House of Representatives. Each appointee must be appointed with the advice and consent of the General Assembly. One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large. (2) The terms of the members serving on the State Ethics Commission as of June 29, 2016 shall end on June 30, 2016. A member who is serving at that time and who has not completed a full five year term may be reappointed pursuant to this subsection. The initial appointments shall be made as follows: (a) two members appointed by the Governor shall be appointed for a three year term; (b) two members appointed by the Governor shall be appointed for a five year term; (c) one member appointed by the legislative caucus of the majority political party of the Senate shall be appointed for a three year term;
the complaint only alleges a violation of a rule of the House of Representatives or of the Senate, the appropriate ethics committee must forward a copy of the complaint to the person alleged to have committed the violation, and the appropriate ethics committee shall investigate and make a determination for a complaint. (3)(a) The commission, upon receipt of information, may initiate and file a complaint upon an affirmative vote of the commission. The commission shall accept complaints referred by the ethics committees and notarized complaints from individuals, whether personally or on behalf of an organization or governmental body. (b) The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint. Unless the complaint was referred by an ethics committee, the commission shall send a copy of the complaint to the appropriate ethics committee. (4) Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless the person alleged to have committed the violation, by fraud or other device, prevents discovery of the violation. (B) Actions by the State Ethics Commission (1) Upon receiving a complaint filed pursuant to subsection (A), the commission must determine whether the complaint alleges only a violation of a rule of the House of Representatives or Senate or a technical violation pursuant to Section 8131170 or Section 8131372. If the commission determines the complaint alleges only a rule violation or technical violation, the complaint must be referred to the appropriate ethics committee for investigation and determination. (2)(a) If the commission determines the complaint alleges more than a violation of a rule of the House of Representatives or Senate or a technical violation pursuant to Section 8131170 or Section 8131372, the commission must determine whether the complaint alleges facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2. (b) If the commission determines that the complaint either does not allege facts sufficient to constitute a violation or does not find probable cause that a violation occurred, a report must be provided to the appropriate ethics committee with the recommendation that the complaint be dismissed. The appropriate
SECTION 17. Section 217140 of the 1976 Code is amended to read: “Section 217140. If an alleged violation is found to be groundless by the State Ethics Commission, the entire matter must be stricken from public record. If the State Ethics Commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint by a person with the State Ethics Commission is a misdemeanor, and the person filing a complaint, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of addition to the criminal penalty provided by this section, the commission may assess a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was groundless, wilful and without just cause or with malice.” SECTION 18. Sections 1 through 6 of this act take effect on July 1, 2015, except that the election or appointment of members of the State Ethics Commission as provided for in Section 813310 of the 1976 Code, as amended by this act, may take place upon the signature of this act by the Governor so that these members may take office and begin serving on July 1, 2015. Sections 7 through 14 of this act take effect upon approval by the Governor. XX