Bill > H3234

This bill amends the powers of the Secretary of the Commonwealth (Secretary) regarding certain ethics laws. The key provisions are: 1. The Secretary can initiate a preliminary inquiry into alleged violations of ethics laws upon receipt of a sworn complaint or sufficient evidence, after notifying the Attorney General. The proceedings and records of this preliminary inquiry are confidential, with exceptions to provide information to certain authorities for investigation or prosecution. 2. If the preliminary inquiry indicates reasonable cause for a violation, the Secretary can initiate an adjudicatory proceeding to determine if a violation has occurred. The Secretary has the power to summon witnesses and evidence, and the proceedings must be public. 3. If a violation is found, the Secretary can issue orders to the violator, such as requiring them to cease the violation, file required reports, or pay a civil penalty of up to $10,000 per violation. The Secretary can also seek court enforcement of these orders. 4. Any final action by the Secretary is subject to review in Superior Court, and if the court finds the Secretary's order was substantially modified, set aside, or remanded, the petitioner may be reimbursed for reasonable attorney's fees and court costs up to $20,000.

Government Affairs

https://malegislature.gov/Bills/192/H3234