AMENDMENT FOR PRINTED BILL
151oa
___________________ moved that SB 151 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:
In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1, if the
secretary of state finds that any person has failed to perform any duty imposed on that person by this
chapter, that person may be assessed an additional penalty not to exceed five hundred dollars. The
secretary of state may refer repeated violations of any duty required under this chapter for
prosecution by a state's attorney or the attorney general.
Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:
Any person may file with the secretary of state a sworn affidavit alleging a violation of the
campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct,
breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any
fact on which the affiant relied, and identify any source of factual information. The affidavit shall
be sufficiently detailed and any allegation shall be internally consistent and plausible. The affidavit
shall be evaluated from the standpoint of a reasonable person. A lack of credible factual evidence
to corroborate any allegation of misconduct shall undermine any affidavit. No conclusion, opinion,
supposition, rumor, or innuendo may be considered in the review of the affidavit. If the sworn
affidavit has sufficiently substantiated facts that lead the secretary of state to believe there is probable
cause that a requirement under this chapter has been violated, the secretary of state may commence
the contested case procedure pursuant to chapter 1-26 to remedy the violation or impose a civil
penalty. The secretary of state may refer the complaint to the Division of Criminal Investigation for
an investigation pursuant to chapter 23-3.
Section 3. That chapter 23-3 be amended by adding a NEW SECTION to read:
Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:
(1) Fraud by an elected official, public officer, or public employee in the performance of any
duty imposed by law on the elected official, public officer, or public employee pursuant
to § 22-30A-10;
(2) Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or
(3) An intentional violation of any limit on gifts to public officials under chapter 2-12.
The division shall review the facts alleged in the sworn affidavit and may initiate and conduct
an investigation to determine if a law has been violated. If the division has cause to believe that a
law has been violated, the division shall refer the matter to a state's attorney or the attorney general
for prosecution.
Section 4. That chapter 23-3 be amended by adding a NEW SECTION to read:
If an investigation authorized under section 3 of this Act does not reveal sufficient facts to
support a criminal prosecution, the Division of Criminal Investigation may determine that no further
action is required, or refer the matter to:
(1) The Government Operations and Audit Committee for review of a matter involving a
legislator or legislative employee;
(2) The secretary of state for a matter involving a candidate for the Legislature or statewide
office; or
(3) The Judicial Qualifications Commission for a matter involving a judicial officer.
A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be
signed and sworn to by the affiant, fully state any fact on which the affiant relied, and identify any
source of factual information. The affidavit shall be sufficiently detailed and any allegation shall be
internally consistent and plausible. The affidavit shall be evaluated from the standpoint of a
reasonable person. A lack of credible factual evidence to corroborate any allegation of misconduct
shall undermine any affidavit. No conclusion, opinion, supposition, rumor, or innuendo may be
considered in the review of the affidavit.
Section 5. That chapter 3-6D be amended by adding a NEW SECTION to read:
The Government Operations and Audit Committee shall review and investigate any matter
referred to the committee by the Division of Criminal Investigation and may recommend appropriate
action.
Section 6. That chapter 16-1A be amended by adding a NEW SECTION to read:
The Judicial Qualifications Commission shall review and investigate any matter referred to the
commission by the Division of Criminal Investigation and may recommend appropriate action."