Shown verbatim: the complete text as captured from the official page posted by the Alaska State Legislature, fetched 2026-08-28. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
Enrolled HB 298 Relating to the Legislative Ethics Act; relating to legislative subpoenas; relating to the jurisdiction of the office of the ombudsman; and providing for an effective date. _______________ * Section 1. AS 24.25.010(e) is amended to read: (e) This section does not apply to the legislative council, [OR TO] the Legislative Budget and Audit Committee, or the Select Committee on Legislative Ethics. * Sec. 2. AS 24.55.330(2) is amended to read: (2) "agency" includes a department, office, institution, corporation, authority, organization, commission, committee, council, or board of a municipality or in the executive, legislative, or judicial branches of the state government, and a department, office, institution, corporation, authority, organization, commission, committee, council, or board of a municipality or of the state government independent of the executive, legislative, and judicial branches; it also includes an officer, employee, or member of an "agency" acting or purporting to act in the exercise of official duties, but does not include the governor, the lieutenant governor, a member of the legislature, the victims' advocate, the staff of the office of victims' rights, a public member of the Select Committee on Legislative Ethics, an employee of the Select Committee on Legislative Ethics, a justice of the supreme court, a judge of the court of appeals, a superior court judge, a district court judge, a magistrate, a member of a city council or borough assembly, an elected city or borough mayor, or a member of an elected school board; * Sec. 3. AS 24.60.030(a) is amended to read: (a) A legislator or legislative employee may not (1) solicit, agree to accept, or accept a benefit other than official compensation for the performance of public duties; this paragraph may not be construed to prohibit (A) lawful solicitation for and acceptance of campaign contributions; (B) solicitation or acceptance of contributions for a charity event, as defined in AS 24.60.080(a)(2)(B); (C) the acceptance of a gift under AS 24.60.075 or 24.60.080; or (D) a legislator from accepting reasonable, ordinary, and customary travel and hospitality primarily for the purpose of solemnizing a marriage under AS 25.05.261(a)(4); (2) use public funds, facilities, equipment, services, or another government asset or resource for a nonlegislative purpose, for involvement in or support of or opposition to partisan political activity, or for the private benefit of the legislator, legislative employee, or another person; this paragraph does not prohibit (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) the legislative council, notwithstanding AS 24.05.190, from designating a public facility for use by legislators and legislative employees for health or fitness purposes; when the council designates a facility to be used by legislators and legislative employees for health or fitness purposes, it shall adopt guidelines governing access to and use of the facility; the guidelines may establish times in which use of the facility is limited to specific groups; (D) a legislator from using the legislator's private office in the capital city during a legislative session, and for the 10 days immediately before and the 10 days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislator's private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; (E) a legislator from use of legislative employees to prepare and send out seasonal greeting cards; (F) a legislator from using state resources to transport computers or other office equipment owned by the legislator but primarily used for a state function; (G) use by a legislator of photographs of that legislator; (H) reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes; (I) a legislator or legislative employee from soliciting, accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable organization in a state facility; (J) a legislator from sending any communication in the form of a newsletter to the legislator's constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee; [OR] (K) full participation in a charity event approved in advance by the Alaska Legislative Council; or (L) a legislator from using the title "Senator" or "Representative," as appropriate, as long as the legislator does not take or withhold action in exchange for a private benefit for the legislator or another person; (3) knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law, or make a false statement in connection with a claim, request, or application for compensation, reimbursement, or travel allowances from public funds; (4) require a legislative employee to perform services for the private benefit of the legislator or employee at any time, or allow a legislative employee to perform services for the private benefit of a legislator or employee on government time; it is not a violation of this paragraph if the services were performed in an unusual or infrequent situation and the person's services were reasonably necessary to permit the legislator or legislative employee to perform official duties; (5) use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for the purpose of political fund raising or campaigning; this paragraph does not prohibit (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) storing or maintaining, consistent with (b) of this section, election campaign records in a legislator's office; (D) a legislator from using the legislator's private office in the capital city during a legislative session, and for the 10 days immediately before and the 10 days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislator's private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; or (E) use by a legislator of photographs of that legislator. * Sec. 4. AS 24.60.035 is amended to read: Sec. 24.60.035. Protection of whistle blowers. (a) A legislator or legislative employee may not, directly or indirectly, subject a person to reprisal, harassment, or discrimination for reporting [WHO REPORTS] to the committee or another government entity conduct the person reasonably believes is a violation of this chapter or another state law [, TO REPRISAL, HARASSMENT, OR DISCRIMINATION]. (b) A legislative employee who is discharged, disciplined, involuntarily transferred, or otherwise penalized by a legislator or another legislative employee in violation of this section [SUBSECTION] may (1) bring a complaint before the committee; and (2) bring a separate civil action in the courts seeking damages, payment of back wages, reinstatement, or other relief. * Sec. 5. AS 24.60.080(d) is amended to read: (d) A legislator or legislative employee who accepts a gift under (c)(4) of this section that has a value of $250 or more or a ticket to a charity event or gift in connection with a charity event under (c)(10) of this section that has a value of $250 or more shall disclose to the committee, within 60 days after receipt of the gift, the name and occupation of the donor and the approximate value of the gift and, for a gift under (c)(4) of this section, a copy of the agenda or other documentation sufficient to show that the gift was primarily for the purpose of obtaining information on a matter of legislative concern. A legislator or legislative employee who accepts a gift under (c)(8) of this section that the recipient expects will have a value of $250 or more in the calendar year shall disclose to the committee, within 30 days after receipt of the gift, the name and occupation of the donor, a general description of the matter of legislative concern with respect to which the gift is made, and the approximate value of the gift. The committee shall maintain a public record of the disclosures it receives relating to gifts under (c)(4), (c)(8), (c)(10), and (i) of this section and shall forward the disclosures to the appropriate house for inclusion in the journal. The committee shall forward to the Alaska Public Offices Commission copies of the disclosures concerning gifts under (c)(4), (c)(8), (c)(10), and (i) of this section that it receives from legislators and legislative directors. A legislator or legislative employee who accepts a gift under (c)(6) of this section that has a value of $250 or more shall, within 30 days after receiving the gift, disclose to the committee the name and occupation of the donor and a description of the gift. The committee shall maintain disclosures relating to gifts under (c)(6) of this section as confidential records and may only use, or permit a committee employee or contractor to use, a disclosure under (c)(6) of this section in the investigation of a possible violation of this section or in a proceeding under AS 24.60.170. If the disclosure under (c)(6) of this section becomes part of the record of a proceeding under AS 24.60.170, the confidentiality provisions of that section apply to the disclosure. * Sec. 6. AS 24.60.130(c) is amended to read: (c) Not [NO] more than one public member may be a former legislator and not [NO] more than two public members of the committee may be members of the same political party. In this subsection, "public member" does not include an alternate public member. * Sec. 7. AS 24.60.130(f) is amended to read: (f) The committee may contract for professional services and may employ staff as it considers necessary. A committee employee, including a person who provides personal services under a contract with the committee, may not be a legislator, an elected or appointed official of a state or local governmental entity, an officer of a political party, a candidate for public office, or a registered lobbyist. The legislative council shall provide office space, equipment, and additional staff support for the committee. The committee shall submit a budget for each fiscal year to the finance committees of the legislature and shall annually submit an estimated budget to the governor for information purposes in preparation of the state operating budget. Public members of the committee serve without compensation for members' [THEIR] services, but are entitled to per diem equal to the per diem adopted by the legislative council under AS 24.10.130(c) for legislators and reimbursement of [AND] travel expenses [AUTHORIZED FOR BOARDS AND COMMISSIONS UNDER AS 39.20.180]. * Sec. 8. AS 24.60.150(b) is amended to read: (b) The committee may (1) recommend legislation to the legislature the committee considers desirable or necessary to promote and maintain high standards of ethical conduct in government; (2) in a matter before the committee, subpoena witnesses, administer oaths, [AND] take testimony [RELATING TO MATTERS BEFORE THE COMMITTEE], and, when authorized by the chair of the committee, subpoena [MAY REQUIRE] the production [FOR EXAMINATION] of [ANY] books or papers for examination [RELATING TO ANY MATTER UNDER INVESTIGATION BEFORE THE COMMITTEE]. * Sec. 9. AS 24.60.160(a) is amended to read: (a) On the request of the committee, the Alaska Public Offices Commission, a person to whom this chapter applies, or a person who has been newly elected to the legislature, the committee shall issue an advisory opinion within 60 days as to whether the facts and circumstances of a particular case constitute a violation of ethical standards. If it finds that it is advisable to do so, the committee may issue an opinion under this section on the request of a person who reasonably expects to become subject to this chapter within the next 45 days. The 60-day period for issuing an opinion may be extended by the committee [IF THE PERSON REQUESTING THE OPINION CONSENTS]. * Sec. 10. AS 24.60.170(b) is amended to read: (b) A complaint may be initiated by any person. The complaint must be in writing and signed under oath by the complainant, state [PERSON MAKING THE COMPLAINT AND MUST CONTAIN A STATEMENT] that the complainant has reason to believe that the subject of the complaint has violated the Legislative Ethics Act, [A VIOLATION OF THIS CHAPTER HAS OCCURRED] and describe the [ANY] facts supporting [KNOWN TO THE COMPLAINANT TO SUPPORT] that belief. The committee shall make a form available for filing a complaint [UPON REQUEST PROVIDE A FORM FOR A COMPLAINT TO A PERSON WISHING TO FILE A COMPLAINT]. The committee shall acknowledge receipt of a complaint within seven days after receiving the complaint. The [UPON RECEIVING A COMPLAINT, THE] committee shall advise the complainant that the committee or the subject of the complaint may ask the complainant to testify at any stage of a [THE] proceeding under this section as to the complainant's belief that the subject of the complaint has violated the Legislative Ethics Act. Within 10 days after receiving a complaint, the [THIS CHAPTER. THE COMMITTEE SHALL RESPOND TO A COMPLAINT CONCERNING THE CONDUCT OF A CANDIDATE FOR ELECTION TO STATE OFFICE RECEIVED DURING THE CAMPAIGN PERIOD IN ACCORDANCE WITH (o) OF THIS SECTION. THE COMMITTEE SHALL TREAT A COMPLAINT CONCERNING THE CONDUCT OF A CANDIDATE FOR ELECTION TO STATE OFFICE THAT IS PENDING AT THE BEGINNING OF A CAMPAIGN PERIOD IN ACCORDANCE WITH (p) OF THIS SECTION. THE] committee shall [IMMEDIATELY] provide a copy [OF THE COMPLAINT] to the [PERSON WHO IS THE] subject of the complaint. * Sec. 11. AS 24.60.170(c) is amended to read: (c) Within 10 days after receiving [WHEN THE COMMITTEE RECEIVES] a complaint under (a) of this section, committee [IT MAY ASSIGN THE COMPLAINT TO A STAFF PERSON. THE] staff [PERSON] shall conduct a preliminary examination of the complaint and advise the committee whether the allegations of the complaint, if true, constitute a violation of this chapter and whether there is credible information to indicate [THAT] a further investigation and a proceeding under this subsection is warranted. The advice [STAFF RECOMMENDATION] shall be based on [THE] information and evidence that are part of [CONTAINED IN] the complaint or received from [AS SUPPLEMENTED BY] the complainant or [AND BY] the subject of the complaint after a request [COMPLAINT, IF REQUESTED TO DO SO] by committee [THE] staff [MEMBER]. The committee shall consider the advice [RECOMMENDATION OF THE STAFF MEMBER, IF ANY,] and may ask the complainant or the subject of the complaint to provide clarification or additional information before the committee makes a determination under this subsection [SHALL DETERMINE WHETHER THE ALLEGATIONS OF THE COMPLAINT, IF TRUE, CONSTITUTE A VIOLATION OF THIS CHAPTER]. The complainant and the subject of the complaint are not obligated to provide the clarification or additional information. If the committee determines that the allegations, if true, do [PROVEN, WOULD] not constitute a violation of this chapter [GIVE RISE TO A VIOLATION], that the complaint is frivolous on its face, that there is insufficient credible information available or discoverable [THAT CAN BE UNCOVERED] to support [WARRANT] further investigation by the committee, or that the committee's lack of jurisdiction is apparent on the face of the complaint, the committee shall dismiss the complaint and [SHALL] notify the complainant and the subject of the complaint of the dismissal. [THE COMMITTEE MAY ASK THE COMPLAINANT TO PROVIDE CLARIFICATION OR ADDITIONAL INFORMATION BEFORE IT MAKES A DECISION UNDER THIS SUBSECTION AND MAY REQUEST INFORMATION CONCERNING THE MATTER FROM THE SUBJECT OF THE COMPLAINT. NEITHER THE COMPLAINANT NOR THE SUBJECT OF A COMPLAINT IS OBLIGATED TO PROVIDE THE INFORMATION.] A proceeding conducted under this subsection is confidential. Documents [, DOCUMENTS] that are part of a proceeding conducted under this subsection [,] and a dismissal under this subsection are confidential unless the subject of the complaint waives confidentiality as provided in (l) of this section [UNLESS THE SUBJECT OF THE COMPLAINT WAIVES CONFIDENTIALITY AS PROVIDED IN THAT SUBSECTION]. * Sec. 12. AS 24.60.170(d) is amended to read: (d) If the committee determines that some or all of the allegations of a complaint, if true, [PROVEN, WOULD] constitute a violation of this chapter, or if the committee has initiated a complaint, the committee shall investigate the complaint [, ON A CONFIDENTIAL BASIS]. Before investigating [BEGINNING AN INVESTIGATION OF] a complaint, the committee shall adopt a resolution defining the scope of the investigation. The committee shall provide a [A] copy of the [THIS] resolution [SHALL BE PROVIDED TO THE COMPLAINANT AND] to the subject of the complaint and notify the complainant of the investigation. As part of the [ITS] investigation, the committee shall give [AFFORD] the subject of the complaint an opportunity to explain the conduct alleged to constitute [BE] a violation of this chapter. The investigation is confidential. * Sec. 13. AS 24.60.170(e) is amended to read: (e) If, during the investigation under (d) of this section, the committee discovers facts that justify expanding [AN EXPANSION OF] the investigation and possibly adding new [THE POSSIBILITY OF ADDITIONAL] charges to [BEYOND THOSE CONTAINED IN] the complaint, the committee shall amend the resolution adopted under [DESCRIBED IN] (d) of this section [SHALL BE AMENDED ACCORDINGLY] and provide a copy of the amended resolution [SHALL BE PROVIDED] to the subject of the complaint. * Sec. 14. AS 24.60.170(f) is amended to read: (f) If the committee determines after investigation that there is not probable cause to believe [THAT] the subject of the complaint has violated this chapter, the committee shall dismiss the complaint. The committee may also dismiss portions of a complaint if it finds no probable cause to believe that the subject of the complaint has violated this chapter as alleged in those portions. The committee shall issue an order [A DECISION] explaining its dismissal. The committee shall provide a [COMMITTEE DELIBERATIONS AND VOTE ON THE DISMISSAL ORDER AND DECISION ARE NOT OPEN TO THE PUBLIC OR TO THE SUBJECT OF THE COMPLAINT. A] copy of the [DISMISSAL] order to dismiss [AND DECISION SHALL BE SENT] to the complainant and to the subject of the complaint. Notwithstanding (l) of this section, the [A DISMISSAL] order to dismiss [AND DECISION] is open to inspection and copying by the public after the order is adopted. * Sec. 15. AS 24.60.170(g) is amended to read: (g) If the committee [INVESTIGATION] determines that a probable violation of this chapter exists that may be corrected by action of the subject of the complaint and [THAT] does not warrant sanctions other than correction, the committee may issue a decision and written recommendation that the subject of the complaint take [AN OPINION RECOMMENDING] corrective action within 20 days. The recommendation [. THIS OPINION] shall be provided to the complainant and to the subject of the complaint [,] and is open to inspection by the public. Whether the recommended corrective action is taken or not, the subject of the complaint may, within [WITHIN] 20 days after receiving the recommendation, [OPINION, THE SUBJECT OF THE COMPLAINT MAY] request a confidential meeting with the committee. The [AT WHICH MEETING THE] committee shall meet with the complainant within 10 days after receiving the request or as soon as practicable, whichever is later, and explain the reasons for the recommendation [ITS RECOMMENDATIONS]. The committee may share [DIVULGE] confidential information with [TO] the subject of the complaint. The shared information remains confidential under (l) of this section. [THE SUBJECT OF THE COMPLAINT MAY COMPLY WITH THE OPINION OR MAY REQUEST A HEARING BEFORE THE COMMITTEE UNDER (j) OF THIS SECTION. AFTER THE HEARING, THE COMMITTEE MAY AMEND OR AFFIRM THE OPINION.] If the subject of the complaint [AGREES TO COMPLY WITH THE OPINION BUT LATER] fails to complete the recommended corrective action within 10 days after the confidential meeting [IN A TIMELY MANNER], the committee may formally charge the subject of the complaint [PERSON] as provided in (h) of this section or [MAY] refer the matter to the appropriate house of the legislature, in the case of a legislator, or, in the case of a legislative employee, refer the matter to the employee's appointing authority. The appropriate house of the legislature or the appointing authority, as appropriate, may act [TAKE ACTION] to enforce the committee's recommendation [CORRECTIVE ACTION] or may decline to take action and refer the matter back to the committee. In either instance [CASE], the committee may formally charge the subject of the complaint [PERSON] under (h) of this section. * Sec. 16. AS 24.60.170(h) is amended to read: (h) If the subject of a complaint fails to comply with a recommendation received under (g) of this section [AN OPINION] and the committee decides under (g) of this section to charge the person, or, if the committee determines after investigation under (d) of this section that there is probable cause to believe [THAT] the subject of the complaint has committed a violation of this chapter that may require sanctions instead of or in addition to corrective action, the committee shall formally charge the person as soon as practicable. The charge shall be served on the person charged, in a manner consistent with the service of summons under the rules of civil procedure, and a copy of the charge shall be sent to the complainant. The person charged may file a responsive pleading to the committee admitting or denying some or all of the allegations of the charge. * Sec. 17. AS 24.60.170(i) is amended to read: (i) A person charged under (h) of this section may engage in discovery in a manner consistent with the Alaska Rules of Civil Procedure. The committee may adopt procedures that (1) impose reasonable restrictions on the time for [THIS] discovery and [ON] the materials that may be discovered; (2) allow [PERMIT A PERSON WHO IS] the subject of a complaint to engage in discovery as soon as a complaint is filed [AT AN EARLIER STAGE OF THE PROCEEDINGS]; (3) impose reasonable restrictions, in addition to restrictions imposed under (l) of this section, on the release of information acquired [THAT THE SUBJECT OF A COMPLAINT ACQUIRES] from the committee in the course of discovery, or acquired [ON INFORMATION OBTAINED] by use of the committee's authority, in order to protect the privacy of persons not under investigation [TO WHOM THE INFORMATION PERTAINS]; however, the committee may not impose restrictions under this subsection on the release of information by the subject of the complaint unless the complainant agrees [HAS AGREED] to be bound by similar restrictions and does [HAS] not make [MADE] public [THE] information [CONTAINED] in the complaint or [, INFORMATION] about the complaint, including [OR] the fact [OF FILING] the complaint was filed. * Sec. 18. AS 24.60.170(j) is amended to read: (j) If the committee has issued a formal charge under (h) of this section [,] and [IF] the person charged has not admitted the allegations of the charge, the committee shall schedule a hearing on the charge. The committee may appoint a person who does not advise the committee, except in the course of presenting cases under this section, [AN INDIVIDUAL] to present the case against the subject of the complaint [PERSON CHARGED IF THAT INDIVIDUAL DOES NOT PROVIDE OTHER LEGAL ADVICE TO THE COMMITTEE EXCEPT IN THE COURSE OF PRESENTING CASES UNDER THIS SUBSECTION]. The committee shall schedule a hearing [SHALL BE SCHEDULED FOR A] date that is more than 20 and fewer [LESS] than 90 days after service of the charge on the subject of the complaint [PERSON CHARGED], unless the committee schedules a later hearing date. If the complainant prevents the hearing from starting until after the date scheduled by the committee [BEFORE THE 90-DAY DEADLINE PASSES] and a quorum of the committee determines by vote of a majority of committee members the delay is not supported by a compelling reason or will result in the person charged being deprived of a fair hearing, the committee may order [DISMISS] the complaint dismissed with prejudice or enter some other order the committee determines is appropriate. At the hearing, the subject of the complaint [PERSON CHARGED] shall have the right to appear personally before the committee, [TO] subpoena witnesses and require the production of books or papers relating to the proceedings, [TO] be represented by counsel, and [TO] cross-examine witnesses. A witness shall testify under oath. The hearing is not subject to [COMMITTEE IS NOT BOUND BY] the rules of evidence, but the committee's findings must be based upon clear and convincing evidence. The committee shall record [TESTIMONY TAKEN AT] the hearing [SHALL BE RECORDED,] and maintain evidence [SHALL BE MAINTAINED]. * Sec. 19. AS 24.60.170(k) is amended to read: (k) Following the hearing, the committee shall issue a decision stating whether or not the subject of the complaint violated this chapter, and explaining the reasons for that [THE] determination. The committee [COMMITTEE'S DECISION] may also indicate in the decision whether the subject of the complaint cooperated with the committee in [ITS] proceedings under this section. If the committee finds that the subject of the complaint violated this chapter or did not cooperate with proceedings under this section, the committee shall recommend in the decision [A VIOLATION, OR LACK OF COOPERATION BY THE SUBJECT, THE DECISION SHALL RECOMMEND WHAT] sanctions, if any, the committee believes are appropriate. If the committee does not hold a hearing under (j) of this section [THERE HAS NOT BEEN A HEARING] because the subject of the complaint [PERSON CHARGED] admitted [TO] the allegations of the charge, the committee shall issue a decision outlining the facts of the violation and recommending sanctions, if any, the committee believes are appropriate [CONTAINING A SANCTIONS RECOMMENDATION]. * Sec. 20. AS 24.60.170(l) is repealed and reenacted to read: (l) A complaint filed under this section and a dismissal of the complaint are confidential. The complainant shall keep confidential the filing of the complaint and the information that is in the complaint. Except as otherwise provided in this section or as necessary for the committee to administer the requirements of this section, documents produced or disclosed as a result of an examination by the committee or a committee investigation under this section are confidential and not subject to inspection by the public. The confidentiality requirements of this subsection, other than requirements limiting disclosure of information that might be used to identify a witness other than the subject of the complaint, may be waived by the subject of the complaint. If the subject of a complaint waives confidentiality of the complaint under this subsection, a dismissal of the complaint may be made public and, as long as information sufficient to disclose the identity of each witness is redacted, the complaint and documents produced or disclosed as a result of an examination by the committee, the committee's investigation of the complaint, and documents that are part of a proceeding under (c) of this section, may be made public. A person may not disclose names or other information that may be used to identify a witness without the consent of the witness. A person who is a witness may consent to disclosure of the person's own name or identifying information. In this subsection, "witness" means the complainant, the subject of the complaint, or a person who may give testimony in the matter. * Sec. 21. AS 24.60.170(m) is amended to read: (m) All documents issued by the committee after a determination of probable cause to believe that the subject of a complaint has violated this chapter, including a recommendation [AN OPINION RECOMMENDING CORRECTIVE ACTION] under (g) of this section and a formal charge under (h) of this section, are subject to public inspection. Hearings of the committee under (j) of this section are open to the public, and documents presented at a hearing, and motions filed in connection with the hearing, are subject to inspection by the public. A deliberation or vote [DELIBERATIONS] of the committee following a hearing, a deliberation or vote [DELIBERATIONS] on a motion [MOTIONS] filed by a person charged [THE SUBJECT OF A CHARGE] under (h) of this section, and a deliberation or vote [DELIBERATIONS] concerning an appropriate sanction [SANCTIONS] are confidential. * Sec. 22. AS 24.60.170(r) is amended to read: (r) At any point in a proceeding under this section [THE PROCEEDINGS WHEN THE SUBJECT OF A COMPLAINT APPEARS BEFORE THE COMMITTEE], the subject of the [A] complaint may choose to be represented [ACCOMPANIED] by a legal counsel or other [ANOTHER] person who may [ALSO] present arguments before the committee. The choice of representation [COUNSEL OR ANOTHER PERSON] is not subject to review and approval or disapproval by the committee. The [CHOICE BY THE] subject of a complaint does not waive confidentiality by choosing to be represented [TO BE ACCOMPANIED UNDER THIS SUBSECTION DOES NOT CONSTITUTE A WAIVER OF ANY CONFIDENTIALITY PROVISION IN THIS CHAPTER]. * Sec. 23. AS 24.60.170 is amended by adding a new subsection to read: (s) If a complainant violates confidentiality required under this section, the committee shall immediately dismiss the complaint. After the dismissal, the committee or a person other than the complainant may file a complaint based wholly or partly on facts alleged in the dismissed complaint. * Sec. 24. AS 24.60 is amended by adding new sections to read: Sec. 24.60.171. Committee proceedings and campaign periods. (a) If, during a campaign period, the committee receives a complaint concerning the conduct of a candidate for state office who is covered by this chapter, the committee shall immediately notify the candidate of the complaint, the suspension of the committee's jurisdiction during the campaign period, and the candidate's right to waive the suspension of jurisdiction under this subsection. The candidate may, within 11 days after the committee mails or otherwise sends notice of the complaint to the candidate, notify the committee that the candidate waives suspension of the committee's jurisdiction and chooses to have the committee proceed with the complaint under this section. If the candidate does not act within that time or if the candidate notifies the committee that the candidate is not waiving suspension of the committee's jurisdiction, the committee shall return the complaint to the complainant with notice of the suspension of jurisdiction under this subsection and notice of the complainant's right to file the complaint after the campaign period ends. (b) Unless the subject of the complaint requests otherwise, (1) when a complaint concerning the conduct of a candidate for state office is pending before the committee at the beginning of a campaign period and the committee has not issued formal charges under AS 24.60.170(h), the committee may consider the complaint but shall treat the complaint as confidential under AS 24.60.170; (2) the committee may not, during a campaign period, issue a dismissal order under AS 24.60.170(f), issue a decision and recommendation under AS 24.60.170(g), or formally charge a person under AS 24.60.170(h). (c) If the committee has formally charged a person under AS 24.60.170(h) and the charge is still pending when a campaign period begins, the committee shall, unless the person charged requests otherwise, suspend public hearing of the charge until after the campaign period ends. However, the parties to the hearing may engage in discovery under AS 24.60.170(i) during the campaign period. (d) If a hearing under AS 24.60.170(j) has been completed before the beginning of a campaign period but the committee has not yet issued a decision under AS 24.60.170(k), the committee may issue the decision only after the campaign period ends, unless the subject of the complaint requests otherwise. (e) In this section, "campaign period" means a period that begins on the later of 45 days before a primary election in which a legislator or legislative employee is a candidate for state office or on the day a legislator or legislative employee files as a candidate for state office, and ends at the end of the day on the earlier of the day (1) that the results of the primary election are certified and made public, if the candidate does not advance to the general or special election; (2) of the general or special election at which the legislator or legislative employee is a candidate; or (3) the candidate withdraws from the election. Sec. 24.60.172. Committee proceedings closed pending probable cause determination. Unless otherwise required by the Uniform Rules of the Alaska State Legislature, when a complaint alleging a violation of this chapter has been filed by a person other than the committee, a committee deliberation or vote is closed to the complainant, the subject of the complaint, and persons, including legislators, who are not members or alternate members of the committee. The committee may allow the subject of the complaint to attend a meeting about the complaint other than a meeting where the committee deliberates or votes. The committee shall disclose the names of members present at a meeting where the committee deliberates or votes on a motion before the committee, and whether the outcome of the motion was determined by a majority. Tallies of the number of votes cast for or against a motion and the individual votes cast by committee members are confidential. * Sec. 25. AS 24.60 is amended by adding new sections to read: Sec. 24.60.972. Referral to criminal law enforcement agency. If, in the course of an investigation or probable cause determination under AS 24.60.170, the committee finds evidence of probable criminal activity, the committee shall transmit a statement and factual findings limited to that activity to the appropriate law enforcement agency. Sec. 24.60.975. Referral to Alaska Public Offices Commission. If the committee finds evidence of a probable violation of AS 15.13 by a person who is subject to the Legislative Ethics Act, the committee shall transmit a statement to that effect and factual findings limited to the probable violation to the Alaska Public Offices Commission. * Sec. 26. AS 24.60.990(a) is amended by adding a new paragraph to read: (17) "public member" means a member or alternate member of the committee who is not a member of the legislature. * Sec. 27. AS 24.60.170(o), 24.60.170(p), and 24.60.170(q) are repealed. * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).
Every fact on this page links to its source, starting with the official bill record.