Amend the bill, as and if amended, Section 8-13-540(A), as contained in SECTION 5A, page 3184-11, by striking item (2) in its entirety and inserting:
/ (A)(2) If an alleged violation is found to be groundless by the State Ethics Commission, a report must be provided to the appropriate ethics committee. The appropriate ethics committee may concur or nonconcur with the commission's report or, within fifteen days from the receipt of the State Ethics Commission's report, request the commission to continue the investigation and consider additional matters not considered by the commission. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General and to the appropriate ethics committee. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one year. In addition to the criminal penalty provided by this item, the appropriate ethics committee may assess a civil penalty of not more than one thousand dollars 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. /
Amend the bill further, Section 8-13-620, as contained in SECTION 6, page 3184-17, by striking Section 8-13-620 in its entirety and inserting:
/ Section 8-13-620. If an alleged violation is found to be groundless by the State Ethics Commission, a report must be provided to the Commission on Judicial Conduct. The Commission on Judicial Conduct may concur or nonconcur with the commission's report or, within fifteen days from the receipt of the State Ethics Commission's report, request the commission to continue the investigation and consider additional matters not considered by the commission. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General and to the Commission on Judicial Conduct. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one year. In addition to the criminal penalty provided by this section, the Commission on Judicial Conduct may assess a civil penalty of not more than one thousand dollars 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. /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 8-13-320(9)(c) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 8-13-320(9)(c).
If an alleged violation is found to be groundless by the
commission, the entire matter must be stricken from public
record. If the 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 is a misdemeanor and, upon conviction, a
person 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 item,
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." /
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Section 2-17-140 of the 1976 Code is amended to read:
"Section 2-17-140.
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." /
Renumber sections to conform.
Amend title to conform.