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Alabama Ethics Commission
§ 36-25-4
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X
|
|
Penalties and fines of up to $1,000 per violation.
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Alaska Legislative Ethics Committee
|
X
|
X
|
Recommended sanctions (however, other sanctions are permitted as well, as determined by the committee): - imposition of a civil penalty of not more than $5,000 for each offense or twice the amount improperly gained, whichever is greater - divestiture of specified assets or withdrawal from specified associations - additional, detailed disclosure, either as a public disclosure or as a confidential disclosure to the committee - legislative employee -- suspension of employment with or without pay for a stated period of time or until stated conditions are met, or termination from legislative employment - restitution of property or reimbursement of improperly received benefits - public or private written reprimand - censure, including, in the case of a legislator, removal from a leadership position or committee membership and a determination that the legislator will not be appointed to serve in a leadership position or on a committee during the remainder of that legislature - placing the person on probationary status - in the case of a legislator, expulsion from the house - any other appropriate measure.
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Alaska Public Offices Commission
§ 15.13.045
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X
|
X
|
Depending on the nature of the violation, who has violated and what law, there is a different civil penalty structure. In certain instances, public officials and/or legislators who do not file financial disclosure statements may be barred from assuming their public office. For instances of "willful violations," the Commission may refer violations to the Attorney General for criminal penalties.
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Arizona
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No ethics commission
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Arkansas Ethics Commission
§ 7-6-217
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X
|
X
|
The commission can issue a public letter of caution, warning, or reprimand and/or impose a fine from $50 to $2,000. The laws under the Commission also carry criminal misdemeanor penalties and commission can share information with and make recommendations to appropriate law enforcement agencies.
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| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
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California Fair Political Practices Commission
§ 83116
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X
|
X
|
Monetary fines up to $5,00 per violation; issue cease and desist order; for some violations, file civil suit seeking treble damages in the amount of certain unreported or underreported contributions.
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Colorado Independent Ethics Commission
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X
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The complainant is required to prosecute.
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The commission can impose sanctions. Constitution states that commission can impose a fine of twice the value of an accepted gift, but is silent about sanctions if not a violation of the gift ban.
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Connecticut Office of State Ethics
§ 1-82
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X
|
X
|
The board, upon a finding made pursuant to section 1-82 that there has been a violation shall have the authority to order the violator to do any or all of the following: (1) Cease and desist the violation of this part or section 1-101nn; (2) file any report, statement or other information required by this part or section 1-101nn; and (3) pay a civil penalty of not more than ten thousand dollars for each violation of this part or section 1-101nn.
The board may also report its finding to the Chief State’s Attorney for any action deemed necessary.
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Delaware State Public Integrity Commission
§ 5808A; § 5810
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Commission Counsel investigates
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X
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Commission has authority to prosecute complaints through: (1) Letter of reprimand or censure to any person. (2) Except for elected officials, it may remove, demote, suspend, or take other appropriate action. (3) For appointees to Boards and Commissions, it can recommend removal to the appointing authority.
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Florida Commission on Ethics
§ 112.322; §112.324
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X
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X
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The commission does not have the authority to levy sanctions, but may recommend appropriate action to the agency or official having power to impose any penalty provided by 112.317.
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Georgia State Ethics Commission
§ 21-5-4 -
§ 21-5-9
|
X
*The commission is responsible for investigating violations in: Campaign Registration and Finance, Lobbyist Registration and Expenditure Reporting, Personal Financial Disclosure of Public Officers, and issues relation to campaign activities.
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X
|
After completion of appropriate proceedings, the Commission or its duly appointed officer may issue a Compliance Order. An Order, including a Consent Order, finding one or more violations of law under the jurisdiction of the State Ethics Commission, and imposing civil penalties as provided by law, including but not limited to: (i) Assessment of civil penalties in a dollar amount not to exceed the maximum authorized per violation times the number of violations found; and (ii) Order the filing or amending of any delinquent document or report required to be filed by law under the jurisdiction of the State Ethics Commission and on a form or in the manner required by the Commission, with a certain time period with copies to filed with the Commission; and (iii) Ordering such other actions as necessary to bring about compliance with the law, including prohibited the actual or threatened commission of any conduct constituting a violation. Suspend the hearing and report all preliminary findings to any prosecutorial authority for any action deemed appropriate. Postpone findings and any possible penalty for rescheduling and consideration of the matter at a future meeting, and subject to the taking of any interim action suggested by the Commission as dispositive in lieu of further proceedings.
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| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
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Hawaii State Ethics Commission
§ 84-31; § 84-32; § 84-39
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X
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Refers decision to appropriate legislative body or governor.
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The ethics commission may impose an administrative fine not exceeding $500 for each violation of any provision of the State Ethics Code.
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Idaho
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No ethics commission
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Illinois Office of the Legislative Inspector General
5 ILCS 430/20-55
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Legislative Inspector General or Attorney General
|
|
The commission is empowered to levy fines and make recommendations of other disciplinary actions.
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Illinois Executive Ethics Commission
|
The executive inspectors general investigate complaints |
No authority to prosecute |
The commission may impose fines up to $5,000, injunctive relief |
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Indiana Lobby Registration Commission
§ 2-7-7-5
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X
|
Refers violations to prosecuting authorities.
|
Fines up to $5,000.00
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Office of the Indiana Inspector General and Indiana State Ethics Commission
§ 4-2-6-4;
§ 4-2-6-12
|
X
|
X
|
(1) Impose a civil penalty upon a respondent not to exceed three (3) times the value of any benefit received from the violation (2) Cancel a contract. (3) Bar a person from entering into a contract with an agency or a state officer for a period specified by the commission. (4) Order restitution or disgorgement. (5) Reprimand, suspend, or terminate an employee or a special state appointee. (6) Reprimand or recommend the impeachment of a state officer. (7) Bar a person from future state employment as an employee or future appointment as a special state appointee. (8) Revoke a license or permit issued by an agency. (9) Bar a person from obtaining a license or permit issued by an agency. (10) Revoke the registration of a person registered as a lobbyist under IC 4-2-8. (11) Bar a person from future lobbying activity with a state officer or agency
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Iowa Ethics and Campaign Disclosure Board
§ 68B.32; 68B.32D
|
X
|
X
|
The commission may issue letters of reprimand, refer for criminal prosecution, order filing of report, fine of up to $2,000, or order any remedial action.
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| COMMISSION |
INVESTIGATE |
PROSECUTTE |
LEVY SANCTIONS |
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Kansas Governmental Ethics Commission
§ 25-4161
|
X
|
|
Civil fines can be assessed for violations of the campaign finance, lobbying, and conflict of interest statutes. A fine for the first offense cannot exceed $5,000, for the second offense $10,000, and for the third and subsequent offenses, $15,000. A civil penalty for the late filing of any document required to be filed with the Commission is $10 a day to a maximum $300 civil penalty.
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Kentucky Legislative Ethics Commission
§ 6.686; § 6.691
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X
|
X
|
Fines of up to $2000 per violation. Recommendation of censure or expulsion to the house of the legislature in which a violator serves. Public or private reprimand, revocation of the registration of an employer of a lobbyist or lobbyist for up to 5 years. Issuance of an order requiring a violator to cease and desist the violation. Reference to the appropriate prosecuting authority of a possible violation of the criminal law.
The above sanctions may be imposed only as a result of the complaint process. Administrative fines of up to $1000 may be imposed for late filing of financial disclosure forms.
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Kentucky Executive Branch Ethics Commission
§ 11A.080;
§ 11A.100
|
X
|
X
|
$5,000 civil penalty per violation, public reprimands, order requiring a violator to cease and desist the violation.
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|
Louisiana Board of Ethics
§ 42:1134
§ 42:1141
§ 42: 1151
|
X
|
Charges issued by the Board go to public hearing conducted by a three member panel of administrative law judges from the Division of Administrative Law called the Ethics Adjudicatory Board.
|
The Board of Ethics may impose late fees for failure to file timely reports. Additionally, the Board of Ethics and the Ethics Adjudicatory Board (EAB) may impose statutory penalties pursuant to R.S. 42:1151, et seq.
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| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
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Maine Commission on Governmental Ethics and Election Practices
§ 1008; § 1013
|
X
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The commission can investigate and hold hearings, and then issue findings in its opinion to the legislative body of which the Legislator concerned is a member, or the licensing board.
|
May impose civil penalties, not exceeding $5,000 for certain violations
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Maryland State Ethics Commission
§15-405
|
X
|
X
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Issue an order of compliance to cease and desist from violation; issue a reprimand; recommend to appropriate authority the disciplining of the respondent; assess a late fee for filing of financial disclosure statement (up to $250) and late fees for lobbyist forms (up to $250); assess a civil fine (up to $5,000) for a lobbying violation; suspend or revoke lobbyist registrations under certain circumstances.
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Massachusetts State Ethics Commission
§ 268B Sec. 4
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X
|
X
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Mass. Gen. Laws c. 268A, the conflict of interest law, contains criminal penalties for violations. The State Ethics Commission is authorized to impose civil penalties for violations of up to $10,000 per violation, and for violations of the bribery section (section 2) up to $25,000 per violation. The Commission can also refer matters to the Attorney General or a District Attorney’s office for criminal prosecution. Criminal penalties include imprisonment and fines of: up to $100,000 for bribery violations, up to $50,000 for certain gift violations, and up to $10,000 for most other violations.
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Michigan State Board of Ethics
§ 15.345; 15.343
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X
|
|
Board does not have authority to levy sanctions.
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Minnesota Campaign Finance and Public Disclosure Board
10A.02
|
X
|
X
|
Monetary civil penalties. In some cases, the Board can refer to a county attorney for criminal prosecution, but the decision to prosecute rests with the county attorney.
* NOTE: Board does not have actual ethics authority. It regulates only disclosure matters; not ethical conduct type matters.
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Mississippi Ethics Commission
§ 25-4-19 -
§ 25-4-31
|
X
|
NR
|
An elected official can be censured by the Commission and fined up to $10,000. The Commission may also recommend to the Circuit Court for Hinds County that the elected official be removed from office.
A nonelected public servant can also be censured by the Commission and fined up to $10,000. The Commission may also recommend to the Circuit Court for Hinds County that the nonelected public servant be removed from office, suspended, or subjected to a demotion or reduction in pay.
The Commission may also order restitution or other equitable or legal remedies to recover public funds or property unlawfully taken, as well as unjust enrichment, although not public funds. Any pecuniary benefit received by a public servant in violation of the Ethics in Government Laws may be declared forfeited by the Commission for the benefit of the governmental entity injured.
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| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
|
Missouri Ethics Commission
§ 105.955;
§ 105.961
|
X
|
Refers violations to appropriate authority
|
Sanctions range from letters of concern and letters of reprimand, to financial fees.
|
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Montana Commissioner of Political Practices
§ 13-37-111
§ 13-37-125
|
X
|
X
|
The Commission can levy sanctions for Code of Ethics violations; it refers other violations to county attorney, seeks a settlement, or files a complaint with district court.
|
|
Nebraska Accountability and Disclosure Commission
§ 49-14,122 -
§ 49-14,126
|
X
|
X
|
The Commission may: a) assess a civil penalty of up to $2,000 per violation; b) require the filing of any statement or report; c) enter a cease and desist order.
|
|
Nevada Commission on Ethics
§ 281A.280
§ 281A.480
|
X
|
X
|
Commission may impose fines up to $5,000 for first willful violation, up to $10,000 for second willful violation, up to $25,000 for third and subsequent willful violations. May refer for removal from office on any willful violation, but mandatory on a finding of three willful violations.
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New Hampshire
|
No ethics commission
|
|
New Jersey Election Law Enforcement Commission
§ 19:44A-6
|
X
|
X
|
Civil fines.
|
|
New Jersey State Ethics Commission
|
X |
X |
Fines up to $10,000 per violation and/or removal from office |
|
New Mexico
|
No ethics commission
|
| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
|
New York State Commission on Public Integrity
§ 94-13 - § 94-16
|
X
|
X
|
Depending on the section violated, the Commission may impose penalties of up to $40,000 per violation.
|
|
New York State Legislative Ethics Commission
|
NR
|
NR
|
NR
|
|
North Carolina State Ethics Commission
§ 138A-12
|
X
|
Refers the matter to the Attorney General for further investigation and referral to the district attorney for possible prosecution.
|
If the commission finds that the alleged violation is established by clear and convincing evidence, the Commission shall issue a private admonishment to the public servant and notify the employing entity, or refer the matter to the appropriate body for appropriate action.
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North Dakota
|
No ethics commission
|
|
Ohio Ethics Commission
§ 102.05 -
§ 102.06
|
X
|
|
Does not have authority to levy sanctions.
|
|
Oklahoma Ethics Commission
§ 257:30-1-3
|
X
|
X
|
Does not have authority to levy sanctions.
|
|
Oregon Government Ethics Commission
§ 244.260
§ 244.350
|
X
|
The commission notifies the public body that the public official serves.
|
Civil penalties, letter of reprimand, explanation or education.
|
|
Pennsylvania State Ethics Commission
§ 1108 - § 1109
|
X
|
X
|
Restitution, treble damages, and fines.
|
| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
|
Rhode Island Ethics Commission
§ 36-14-12 -
§ 36-14-14
|
X
|
X
|
For a knowing and willful violation of the Code of Ethics, the Commission may impose a civil penalty of up to twenty-five thousand dollars ($ 25,000). When such violations are found to have been committed with either fraudulent intent to secure unjust enrichment, or with malicious intent to inflict pecuniary or other substantial injury upon another person, the Commission may remove an official from office. The Commission may also issue cease and desist orders.
|
|
South Carolina Ethics Commission
§ 8-13-320
§ 8-13-320(l)
|
X
|
X
|
If found guilty of an alleged violation, the Commission may: recommend administrative action or disciplinary action; issue a public warning or reprimand; order restitution; and levy a civil penalty of not more than $2,000. Any criminal activity is subject to prosecution by Attorney General’s office.
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|
South Dakota
|
No ethics commission
|
|
Tennessee Bureau of Ethics and Campaign Finance
§ 3-6-203
§ 3-6-205
|
Attorney General investigates
|
|
The Commission may assess civil penalties of up to $10,000 for the late filing of Statement of Interests or failure to disclose information on the Statement of Interest. The Commission may assess civil penalties of up to $750 against lobbyists and employer of lobbyists for failure to register timely, pay registration fees timely or file expenditure reports timely. In addition, civil penalties of up to $10,000 may be assessed against a lobbyist who: 1.) files false information with the Commission 2.) engages in lobbying knowing or having reason to know that the employer has not registered or knowing that the lobbyist's registration is inactive 3.) violates the gift ban (civil penalty is capped at 200% of the value of the gift or $25, whichever is greater, for the first violation).
|
|
Texas Ethics Commission
§ 571.173
|
X
|
X
|
The commission may impose a civil penalty of not more than $5,000 or triple the amount at issue under a law administered and enforced by the commission, whichever amount is more, for a delay in complying with a commission order or for a violation of a law administered and enforced by the commission.
|
| COMMISSION |
INVESTIGATE |
PROSECUTE |
LEVY SANCTIONS |
|
Utah Independent Ethics Commission
JR 6-2-210(1)
|
Authorized to “review” ethics complaints against legislators.
|
NR
|
NR
|
|
Vermont
|
No ethics commission
|
|
Virginia
|
No ethics commission
|
|
Washington State Legislative Ethics Board
§ 42.52.420
§ 42.52.480
|
X
|
X
|
Monetary fines; recommend further sanctions to appropriate agency.
|
|
Washington Public Disclosure Board
§42.17.365 and .390 through 12/31/2011
§42.17A.105 and .750 starting 1/1/2012
|
X
|
X
|
May levy civil fines up to $4,200. The penalty authority increases to $10,000 per violation, effective 1/1/2012.
|
|
Washington Executive Ethics Board
|
X |
X |
Sanctions include fines up to $5,000 per violation or three times the amount of personal gain |
|
West Virginia Ethics Commission
§ 6B-2-2 –
§ 6B-2-4
|
X
|
X
|
(1) Public reprimand; (2) Cease and desist; (3) Restitution; (4) Fines not to exceed $5,000.00 per violation; and, (5) Reimbursement to the Commission for the actual cost of investigating.
|
|
Wisconsin Government Accountability Board
§ 5.05(2)(m)(a)-(c)
|
X
|
X
|
Civil penalties, license revocation. The Board may also refer the matter to the district attorney.
|
|
Wyoming
|
No ethics commission
|