LEGISLATIVE ETHICS CMTE & PROCEEDINGS

Enrolled HB 298
LAWS OF ALASKA

2026

Source Chapter No.
SCS HB 298(JUD) _______

AN ACT

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.

_______________

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

THE ACT FOLLOWS ON PAGE 1

-1- Enrolled HB 298

AN ACT

Relating to the Legislative Ethics Act; relating to legislative subpoenas; relating to the 1
jurisdiction of the office of the ombudsman; and providing for an effective date. 2
_______________ 3
* Section 1. AS 24.25.010(e) is amended to read: 4
(e) This section does not apply to the legislative council, [OR TO] the 5
Legislative Budget and Audit Committee, or the Select Committee on Legislative 6
Ethics. 7
* Sec. 2. AS 24.55.330(2) is amended to read: 8
(2) "agency" includes a department, office, institution, corporation, 9
authority, organization, commission, committee, council, or board of a municipality or 10
in the executive, legislative, or judicial branches of the state government, and a 11
department, office, institution, corporation, authority, organization, commission, 12
committee, council, or board of a municipality or of the state government independent 13
of the executive, legislative, and judicial branches; it also includes an officer, employee, 14

Enrolled HB 298 -2-
or member of an "agency" acting or purporting to act in the exercise of official duties, 1
but does not include the governor, the lieutenant governor, a member of the legislature, 2
the victims' advocate, the staff of the office of victims' rights, a public member of the 3
Select Committee on Legislative Ethics, an employee of the Select Committee on 4
Legislative Ethics, a justice of the supreme court, a judge of the court of appeals, a 5
superior court judge, a district court judge, a magistrate, a member of a city council or 6
borough assembly, an elected city or borough mayor, or a member of an elected school 7
board; 8
* Sec. 3. AS 24.60.030(a) is amended to read: 9
(a) A legislator or legislative employee may not 10
(1) solicit, agree to accept, or accept a benefit other than official 11
compensation for the performance of public duties; this paragraph may not be construed 12
to prohibit 13
(A) lawful solicitation for and acceptance of campaign 14
contributions; 15
(B) solicitation or acceptance of contributions for a charity event, 16
as defined in AS 24.60.080(a)(2)(B); 17
(C) the acceptance of a gift under AS 24.60.075 or 24.60.080; or 18
(D) a legislator from accepting reasonable, ordinary, and 19
customary travel and hospitality primarily for the purpose of solemnizing a 20
marriage under AS 25.05.261(a)(4); 21
(2) use public funds, facilities, equipment, services, or another 22
government asset or resource for a nonlegislative purpose, for involvement in or support 23
of or opposition to partisan political activity, or for the private benefit of the legislator, 24
legislative employee, or another person; this paragraph does not prohibit 25
(A) limited use of state property and resources for personal 26
purposes if the use does not interfere with the performance of public duties and 27
either the cost or value related to the use is nominal or the legislator or legislative 28
employee reimburses the state for the cost of the use; 29
(B) the use of mailing lists, computer data, or other information 30
lawfully obtained from a government agency and available to the general public 31

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for nonlegislative purposes; 1
(C) the legislative council, notwithstanding AS 24.05.190, from 2
designating a public facility for use by legislators and legislative employees for 3
health or fitness purposes; when the council designates a facility to be used by 4
legislators and legislative employees for health or fitness purposes, it shall adopt 5
guidelines governing access to and use of the facility; the guidelines may 6
establish times in which use of the facility is limited to specific groups; 7
(D) a legislator from using the legislator's private office in the 8
capital city during a legislative session, and for the 10 days immediately before 9
and the 10 days immediately after a legislative session, for nonlegislative 10
purposes if the use does not interfere with the performance of public duties and 11
if there is no cost to the state for the use of the space and equipment, other than 12
utility costs and minimal wear and tear, or the legislator promptly reimburses 13
the state for the cost; an office is considered a legislator's private office under 14
this subparagraph if it is the primary space in the capital city reserved for use by 15
the legislator, whether or not it is shared with others; 16
(E) a legislator from use of legislative employees to prepare and 17
send out seasonal greeting cards; 18
(F) a legislator from using state resources to transport computers 19
or other office equipment owned by the legislator but primarily used for a state 20
function; 21
(G) use by a legislator of photographs of that legislator; 22
(H) reasonable use of the Internet by a legislator or a legislative 23
employee except if the use is for election campaign purposes; 24
(I) a legislator or legislative employee from soliciting, accepting, 25
or receiving a gift on behalf of a recognized, nonpolitical charitable organization 26
in a state facility; 27
(J) a legislator from sending any communication in the form of 28
a newsletter to the legislator's constituents, except a communication expressly 29
advocating the election or defeat of a candidate or a newsletter or material in a 30
newsletter that is clearly only for the private benefit of a legislator or a legislative 31

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employee; [OR] 1
(K) full participation in a charity event approved in advance by 2
the Alaska Legislative Council; or 3
(L) a legislator from using the title "Senator" or 4
"Representative," as appropriate, as long as the legislator does not take or 5
withhold action in exchange for a private benefit for the legislator or 6
another person; 7
(3) knowingly seek, accept, use, allocate, grant, or award public funds 8
for a purpose other than that approved by law, or make a false statement in connection 9
with a claim, request, or application for compensation, reimbursement, or travel 10
allowances from public funds; 11
(4) require a legislative employee to perform services for the private 12
benefit of the legislator or employee at any time, or allow a legislative employee to 13
perform services for the private benefit of a legislator or employee on government time; 14
it is not a violation of this paragraph if the services were performed in an unusual or 15
infrequent situation and the person's services were reasonably necessary to permit the 16
legislator or legislative employee to perform official duties; 17
(5) use or authorize the use of state funds, facilities, equipment, services, 18
or another government asset or resource for the purpose of political fund raising or 19
campaigning; this paragraph does not prohibit 20
(A) limited use of state property and resources for personal 21
purposes if the use does not interfere with the performance of public duties and 22
either the cost or value related to the use is nominal or the legislator or legislative 23
employee reimburses the state for the cost of the use; 24
(B) the use of mailing lists, computer data, or other information 25
lawfully obtained from a government agency and available to the general public 26
for nonlegislative purposes; 27
(C) storing or maintaining, consistent with (b) of this section, 28
election campaign records in a legislator's office; 29
(D) a legislator from using the legislator's private office in the 30
capital city during a legislative session, and for the 10 days immediately before 31

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and the 10 days immediately after a legislative session, for nonlegislative 1
purposes if the use does not interfere with the performance of public duties and 2
if there is no cost to the state for the use of the space and equipment, other than 3
utility costs and minimal wear and tear, or the legislator promptly reimburses 4
the state for the cost; an office is considered a legislator's private office under 5
this subparagraph if it is the primary space in the capital city reserved for use by 6
the legislator, whether or not it is shared with others; or 7
(E) use by a legislator of photographs of that legislator. 8
* Sec. 4. AS 24.60.035 is amended to read: 9
Sec. 24.60.035. Protection of whistle blowers. (a) A legislator or legislative 10
employee may not, directly or indirectly, subject a person to reprisal, harassment, or 11
discrimination for reporting [WHO REPORTS] to the committee or another 12
government entity conduct the person reasonably believes is a violation of this chapter 13
or another state law [, TO REPRISAL, HARASSMENT, OR DISCRIMINATION]. 14
(b) A legislative employee who is discharged, disciplined, involuntarily 15
transferred, or otherwise penalized by a legislator or another legislative employee in 16
violation of this section [SUBSECTION] may 17
(1) bring a complaint before the committee; and 18
(2) bring a separate civil action in the courts seeking damages, payment 19
of back wages, reinstatement, or other relief. 20
* Sec. 5. AS 24.60.080(d) is amended to read: 21
(d) A legislator or legislative employee who accepts a gift under (c)(4) of this 22
section that has a value of $250 or more or a ticket to a charity event or gift in connection 23
with a charity event under (c)(10) of this section that has a value of $250 or more shall 24
disclose to the committee, within 60 days after receipt of the gift, the name and 25
occupation of the donor and the approximate value of the gift and, for a gift under 26
(c)(4) of this section, a copy of the agenda or other documentation sufficient to show 27
that the gift was primarily for the purpose of obtaining information on a matter of 28
legislative concern. A legislator or legislative employee who accepts a gift under (c)(8) 29
of this section that the recipient expects will have a value of $250 or more in the calendar 30
year shall disclose to the committee, within 30 days after receipt of the gift, the name 31

Enrolled HB 298 -6-
and occupation of the donor, a general description of the matter of legislative concern 1
with respect to which the gift is made, and the approximate value of the gift. The 2
committee shall maintain a public record of the disclosures it receives relating to gifts 3
under (c)(4), (c)(8), (c)(10), and (i) of this section and shall forward the disclosures to 4
the appropriate house for inclusion in the journal. The committee shall forward to the 5
Alaska Public Offices Commission copies of the disclosures concerning gifts under 6
(c)(4), (c)(8), (c)(10), and (i) of this section that it receives from legislators and 7
legislative directors. A legislator or legislative employee who accepts a gift under (c)(6) 8
of this section that has a value of $250 or more shall, within 30 days after receiving the 9
gift, disclose to the committee the name and occupation of the donor and a description 10
of the gift. The committee shall maintain disclosures relating to gifts under (c)(6) of this 11
section as confidential records and may only use, or permit a committee employee or 12
contractor to use, a disclosure under (c)(6) of this section in the investigation of a 13
possible violation of this section or in a proceeding under AS 24.60.170. If the 14
disclosure under (c)(6) of this section becomes part of the record of a proceeding under 15
AS 24.60.170, the confidentiality provisions of that section apply to the disclosure. 16
* Sec. 6. AS 24.60.130(c) is amended to read: 17
(c) Not [NO] more than one public member may be a former legislator and not 18
[NO] more than two public members of the committee may be members of the same 19
political party. In this subsection, "public member" does not include an alternate 20
public member. 21
* Sec. 7. AS 24.60.130(f) is amended to read: 22
(f) The committee may contract for professional services and may employ staff 23
as it considers necessary. A committee employee, including a person who provides 24
personal services under a contract with the committee, may not be a legislator, an elected 25
or appointed official of a state or local governmental entity, an officer of a political 26
party, a candidate for public office, or a registered lobbyist. The legislative council shall 27
provide office space, equipment, and additional staff support for the committee. The 28
committee shall submit a budget for each fiscal year to the finance committees of the 29
legislature and shall annually submit an estimated budget to the governor for 30
information purposes in preparation of the state operating budget. Public members of 31

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the committee serve without compensation for members' [THEIR] services, but are 1
entitled to per diem equal to the per diem adopted by the legislative council under 2
AS 24.10.130(c) for legislators and reimbursement of [AND] travel expenses 3
[AUTHORIZED FOR BOARDS AND COMMISSIONS UNDER AS 39.20.180]. 4
* Sec. 8. AS 24.60.150(b) is amended to read: 5
(b) The committee may 6
(1) recommend legislation to the legislature the committee considers 7
desirable or necessary to promote and maintain high standards of ethical conduct in 8
government; 9
(2) in a matter before the committee, subpoena witnesses, administer 10
oaths, [AND] take testimony [RELATING TO MATTERS BEFORE THE 11
COMMITTEE], and, when authorized by the chair of the committee, subpoena 12
[MAY REQUIRE] the production [FOR EXAMINATION] of [ANY] books or papers 13
for examination [RELATING TO ANY MATTER UNDER INVESTIGATION 14
BEFORE THE COMMITTEE]. 15
* Sec. 9. AS 24.60.160(a) is amended to read: 16
(a) On the request of the committee, the Alaska Public Offices Commission, a 17
person to whom this chapter applies, or a person who has been newly elected to the 18
legislature, the committee shall issue an advisory opinion within 60 days as to whether 19
the facts and circumstances of a particular case constitute a violation of ethical 20
standards. If it finds that it is advisable to do so, the committee may issue an opinion 21
under this section on the request of a person who reasonably expects to become subject 22
to this chapter within the next 45 days. The 60-day period for issuing an opinion may 23
be extended by the committee [IF THE PERSON REQUESTING THE OPINION 24
CONSENTS]. 25
* Sec. 10. AS 24.60.170(b) is amended to read: 26
(b) A complaint may be initiated by any person. The complaint must be in 27
writing and signed under oath by the complainant, state [PERSON MAKING THE 28
COMPLAINT AND MUST CONTAIN A STATEMENT] that the complainant has 29
reason to believe that the subject of the complaint has violated the Legislative Ethics 30
Act, [A VIOLATION OF THIS CHAPTER HAS OCCURRED] and describe the 31

Enrolled HB 298 -8-
[ANY] facts supporting [KNOWN TO THE COMPLAINANT TO SUPPORT] that 1
belief. The committee shall make a form available for filing a complaint [UPON 2
REQUEST PROVIDE A FORM FOR A COMPLAINT TO A PERSON WISHING TO 3
FILE A COMPLAINT]. The committee shall acknowledge receipt of a complaint 4
within seven days after receiving the complaint. The [UPON RECEIVING A 5
COMPLAINT, THE] committee shall advise the complainant that the committee or the 6
subject of the complaint may ask the complainant to testify at any stage of a [THE] 7
proceeding under this section as to the complainant's belief that the subject of the 8
complaint has violated the Legislative Ethics Act. Within 10 days after receiving a 9
complaint, the [THIS CHAPTER. THE COMMITTEE SHALL RESPOND TO A 10
COMPLAINT CONCERNING THE CONDUCT OF A CANDIDATE FOR 11
ELECTION TO STATE OFFICE RECEIVED DURING THE CAMPAIGN PERIOD 12
IN ACCORDANCE WITH (o) OF THIS SECTION. THE COMMITTEE SHALL 13
TREAT A COMPLAINT CONCERNING THE CONDUCT OF A CANDIDATE FOR 14
ELECTION TO STATE OFFICE THAT IS PENDING AT THE BEGINNING OF A 15
CAMPAIGN PERIOD IN ACCORDANCE WITH (p) OF THIS SECTION. THE] 16
committee shall [IMMEDIATELY] provide a copy [OF THE COMPLAINT] to the 17
[PERSON WHO IS THE] subject of the complaint. 18
* Sec. 11. AS 24.60.170(c) is amended to read: 19
(c) Within 10 days after receiving [WHEN THE COMMITTEE RECEIVES] 20
a complaint under (a) of this section, committee [IT MAY ASSIGN THE 21
COMPLAINT TO A STAFF PERSON. THE] staff [PERSON] shall conduct a 22
preliminary examination of the complaint and advise the committee whether the 23
allegations of the complaint, if true, constitute a violation of this chapter and whether 24
there is credible information to indicate [THAT] a further investigation and a 25
proceeding under this subsection is warranted. The advice [STAFF 26
RECOMMENDATION] shall be based on [THE] information and evidence that are 27
part of [CONTAINED IN] the complaint or received from [AS SUPPLEMENTED 28
BY] the complainant or [AND BY] the subject of the complaint after a request 29
[COMPLAINT, IF REQUESTED TO DO SO] by committee [THE] staff [MEMBER]. 30
The committee shall consider the advice [RECOMMENDATION OF THE STAFF 31

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MEMBER, IF ANY,] and may ask the complainant or the subject of the complaint 1
to provide clarification or additional information before the committee makes a 2
determination under this subsection [SHALL DETERMINE WHETHER THE 3
ALLEGATIONS OF THE COMPLAINT, IF TRUE, CONSTITUTE A VIOLATION 4
OF THIS CHAPTER]. The complainant and the subject of the complaint are not 5
obligated to provide the clarification or additional information. If the committee 6
determines that the allegations, if true, do [PROVEN, WOULD] not constitute a 7
violation of this chapter [GIVE RISE TO A VIOLATION], that the complaint is 8
frivolous on its face, that there is insufficient credible information available or 9
discoverable [THAT CAN BE UNCOVERED] to support [WARRANT] further 10
investigation by the committee, or that the committee's lack of jurisdiction is apparent 11
on the face of the complaint, the committee shall dismiss the complaint and [SHALL] 12
notify the complainant and the subject of the complaint of the dismissal. [THE 13
COMMITTEE MAY ASK THE COMPLAINANT TO PROVIDE CLARIFICATION 14
OR ADDITIONAL INFORMATION BEFORE IT MAKES A DECISION UNDER 15
THIS SUBSECTION AND MAY REQUEST INFORMATION CONCERNING THE 16
MATTER FROM THE SUBJECT OF THE COMPLAINT. NEITHER THE 17
COMPLAINANT NOR THE SUBJECT OF A COMPLAINT IS OBLIGATED TO 18
PROVIDE THE INFORMATION.] A proceeding conducted under this subsection is 19
confidential. Documents [, DOCUMENTS] that are part of a proceeding conducted 20
under this subsection [,] and a dismissal under this subsection are confidential unless 21
the subject of the complaint waives confidentiality as provided in (l) of this section 22
[UNLESS THE SUBJECT OF THE COMPLAINT WAIVES CONFIDENTIALITY 23
AS PROVIDED IN THAT SUBSECTION]. 24
* Sec. 12. AS 24.60.170(d) is amended to read: 25
(d) If the committee determines that some or all of the allegations of a 26
complaint, if true, [PROVEN, WOULD] constitute a violation of this chapter, or if the 27
committee has initiated a complaint, the committee shall investigate the complaint [, 28
ON A CONFIDENTIAL BASIS]. Before investigating [BEGINNING AN 29
INVESTIGATION OF] a complaint, the committee shall adopt a resolution defining 30
the scope of the investigation. The committee shall provide a [A] copy of the [THIS] 31

Enrolled HB 298 -10-
resolution [SHALL BE PROVIDED TO THE COMPLAINANT AND] to the subject 1
of the complaint and notify the complainant of the investigation. As part of the [ITS] 2
investigation, the committee shall give [AFFORD] the subject of the complaint an 3
opportunity to explain the conduct alleged to constitute [BE] a violation of this chapter. 4
The investigation is confidential. 5
* Sec. 13. AS 24.60.170(e) is amended to read: 6
(e) If, during the investigation under (d) of this section, the committee discovers 7
facts that justify expanding [AN EXPANSION OF] the investigation and possibly 8
adding new [THE POSSIBILITY OF ADDITIONAL] charges to [BEYOND THOSE 9
CONTAINED IN] the complaint, the committee shall amend the resolution adopted 10
under [DESCRIBED IN] (d) of this section [SHALL BE AMENDED 11
ACCORDINGLY] and provide a copy of the amended resolution [SHALL BE 12
PROVIDED] to the subject of the complaint. 13
* Sec. 14. AS 24.60.170(f) is amended to read: 14
(f) If the committee determines after investigation that there is not probable 15
cause to believe [THAT] the subject of the complaint has violated this chapter, the 16
committee shall dismiss the complaint. The committee may also dismiss portions of a 17
complaint if it finds no probable cause to believe that the subject of the complaint has 18
violated this chapter as alleged in those portions. The committee shall issue an order 19
[A DECISION] explaining its dismissal. The committee shall provide a 20
[COMMITTEE DELIBERATIONS AND VOTE ON THE DISMISSAL ORDER AND 21
DECISION ARE NOT OPEN TO THE PUBLIC OR TO THE SUBJECT OF THE 22
COMPLAINT. A] copy of the [DISMISSAL] order to dismiss [AND DECISION 23
SHALL BE SENT] to the complainant and to the subject of the complaint. 24
Notwithstanding (l) of this section, the [A DISMISSAL] order to dismiss [AND 25
DECISION] is open to inspection and copying by the public after the order is adopted. 26
* Sec. 15. AS 24.60.170(g) is amended to read: 27
(g) If the committee [INVESTIGATION] determines that a probable violation 28
of this chapter exists that may be corrected by action of the subject of the complaint and 29
[THAT] does not warrant sanctions other than correction, the committee may issue a 30
decision and written recommendation that the subject of the complaint take [AN 31

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OPINION RECOMMENDING] corrective action within 20 days. The 1
recommendation [. THIS OPINION] shall be provided to the complainant and to the 2
subject of the complaint [,] and is open to inspection by the public. Whether the 3
recommended corrective action is taken or not, the subject of the complaint may, 4
within [WITHIN] 20 days after receiving the recommendation, [OPINION, THE 5
SUBJECT OF THE COMPLAINT MAY] request a confidential meeting with the 6
committee. The [AT WHICH MEETING THE] committee shall meet with the 7
complainant within 10 days after receiving the request or as soon as practicable, 8
whichever is later, and explain the reasons for the recommendation [ITS 9
RECOMMENDATIONS]. The committee may share [DIVULGE] confidential 10
information with [TO] the subject of the complaint. The shared information remains 11
confidential under (l) of this section. [THE SUBJECT OF THE COMPLAINT MAY 12
COMPLY WITH THE OPINION OR MAY REQUEST A HEARING BEFORE THE 13
COMMITTEE UNDER (j) OF THIS SECTION. AFTER THE HEARING, THE 14
COMMITTEE MAY AMEND OR AFFIRM THE OPINION.] If the subject of the 15
complaint [AGREES TO COMPLY WITH THE OPINION BUT LATER] fails to 16
complete the recommended corrective action within 10 days after the confidential 17
meeting [IN A TIMELY MANNER], the committee may formally charge the subject 18
of the complaint [PERSON] as provided in (h) of this section or [MAY] refer the matter 19
to the appropriate house of the legislature, in the case of a legislator, or, in the case of a 20
legislative employee, refer the matter to the employee's appointing authority. The 21
appropriate house of the legislature or the appointing authority, as appropriate, may act 22
[TAKE ACTION] to enforce the committee's recommendation [CORRECTIVE 23
ACTION] or may decline to take action and refer the matter back to the committee. In 24
either instance [CASE], the committee may formally charge the subject of the 25
complaint [PERSON] under (h) of this section. 26
* Sec. 16. AS 24.60.170(h) is amended to read: 27
(h) If the subject of a complaint fails to comply with a recommendation 28
received under (g) of this section [AN OPINION] and the committee decides under 29
(g) of this section to charge the person, or, if the committee determines after 30
investigation under (d) of this section that there is probable cause to believe [THAT] 31

Enrolled HB 298 -12-
the subject of the complaint has committed a violation of this chapter that may require 1
sanctions instead of or in addition to corrective action, the committee shall formally 2
charge the person as soon as practicable. The charge shall be served on the person 3
charged, in a manner consistent with the service of summons under the rules of civil 4
procedure, and a copy of the charge shall be sent to the complainant. The person charged 5
may file a responsive pleading to the committee admitting or denying some or all of the 6
allegations of the charge. 7
* Sec. 17. AS 24.60.170(i) is amended to read: 8
(i) A person charged under (h) of this section may engage in discovery in a 9
manner consistent with the Alaska Rules of Civil Procedure. The committee may adopt 10
procedures that 11
(1) impose reasonable restrictions on the time for [THIS] discovery and 12
[ON] the materials that may be discovered; 13
(2) allow [PERMIT A PERSON WHO IS] the subject of a complaint to 14
engage in discovery as soon as a complaint is filed [AT AN EARLIER STAGE OF 15
THE PROCEEDINGS]; 16
(3) impose reasonable restrictions, in addition to restrictions imposed 17
under (l) of this section, on the release of information acquired [THAT THE 18
SUBJECT OF A COMPLAINT ACQUIRES] from the committee in the course of 19
discovery, or acquired [ON INFORMATION OBTAINED] by use of the committee's 20
authority, in order to protect the privacy of persons not under investigation [TO WHOM 21
THE INFORMATION PERTAINS]; however, the committee may not impose 22
restrictions under this subsection on the release of information by the subject of the 23
complaint unless the complainant agrees [HAS AGREED] to be bound by similar 24
restrictions and does [HAS] not make [MADE] public [THE] information 25
[CONTAINED] in the complaint or [, INFORMATION] about the complaint, 26
including [OR] the fact [OF FILING] the complaint was filed. 27
* Sec. 18. AS 24.60.170(j) is amended to read: 28
(j) If the committee has issued a formal charge under (h) of this section [,] and 29
[IF] the person charged has not admitted the allegations of the charge, the committee 30
shall schedule a hearing on the charge. The committee may appoint a person who does 31

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not advise the committee, except in the course of presenting cases under this 1
section, [AN INDIVIDUAL] to present the case against the subject of the complaint 2
[PERSON CHARGED IF THAT INDIVIDUAL DOES NOT PROVIDE OTHER 3
LEGAL ADVICE TO THE COMMITTEE EXCEPT IN THE COURSE OF 4
PRESENTING CASES UNDER THIS SUBSECTION]. The committee shall 5
schedule a hearing [SHALL BE SCHEDULED FOR A] date that is more than 20 and 6
fewer [LESS] than 90 days after service of the charge on the subject of the complaint 7
[PERSON CHARGED], unless the committee schedules a later hearing date. If the 8
complainant prevents the hearing from starting until after the date scheduled by the 9
committee [BEFORE THE 90-DAY DEADLINE PASSES] and a quorum of the 10
committee determines by vote of a majority of committee members the delay is not 11
supported by a compelling reason or will result in the person charged being deprived of 12
a fair hearing, the committee may order [DISMISS] the complaint dismissed with 13
prejudice or enter some other order the committee determines is appropriate. At the 14
hearing, the subject of the complaint [PERSON CHARGED] shall have the right to 15
appear personally before the committee, [TO] subpoena witnesses and require the 16
production of books or papers relating to the proceedings, [TO] be represented by 17
counsel, and [TO] cross-examine witnesses. A witness shall testify under oath. The 18
hearing is not subject to [COMMITTEE IS NOT BOUND BY] the rules of evidence, 19
but the committee's findings must be based upon clear and convincing evidence. The 20
committee shall record [TESTIMONY TAKEN AT] the hearing [SHALL BE 21
RECORDED,] and maintain evidence [SHALL BE MAINTAINED]. 22
* Sec. 19. AS 24.60.170(k) is amended to read: 23
(k) Following the hearing, the committee shall issue a decision stating whether 24
or not the subject of the complaint violated this chapter, and explaining the reasons for 25
that [THE] determination. The committee [COMMITTEE'S DECISION] may also 26
indicate in the decision whether the subject of the complaint cooperated with the 27
committee in [ITS] proceedings under this section. If the committee finds that the 28
subject of the complaint violated this chapter or did not cooperate with 29
proceedings under this section, the committee shall recommend in the decision [A 30
VIOLATION, OR LACK OF COOPERATION BY THE SUBJECT, THE DECISION 31

Enrolled HB 298 -14-
SHALL RECOMMEND WHAT] sanctions, if any, the committee believes are 1
appropriate. If the committee does not hold a hearing under (j) of this section 2
[THERE HAS NOT BEEN A HEARING] because the subject of the complaint 3
[PERSON CHARGED] admitted [TO] the allegations of the charge, the committee shall 4
issue a decision outlining the facts of the violation and recommending sanctions, if 5
any, the committee believes are appropriate [CONTAINING A SANCTIONS 6
RECOMMENDATION]. 7
* Sec. 20. AS 24.60.170(l) is repealed and reenacted to read: 8
(l) A complaint filed under this section and a dismissal of the complaint are 9
confidential. The complainant shall keep confidential the filing of the complaint and the 10
information that is in the complaint. Except as otherwise provided in this section or as 11
necessary for the committee to administer the requirements of this section, documents 12
produced or disclosed as a result of an examination by the committee or a committee 13
investigation under this section are confidential and not subject to inspection by the 14
public. The confidentiality requirements of this subsection, other than requirements 15
limiting disclosure of information that might be used to identify a witness other than the 16
subject of the complaint, may be waived by the subject of the complaint. If the subject 17
of a complaint waives confidentiality of the complaint under this subsection, a dismissal 18
of the complaint may be made public and, as long as information sufficient to disclose 19
the identity of each witness is redacted, the complaint and documents produced or 20
disclosed as a result of an examination by the committee, the committee's investigation 21
of the complaint, and documents that are part of a proceeding under (c) of this section, 22
may be made public. A person may not disclose names or other information that may 23
be used to identify a witness without the consent of the witness. A person who is a 24
witness may consent to disclosure of the person's own name or identifying information. 25
In this subsection, "witness" means the complainant, the subject of the complaint, or a 26
person who may give testimony in the matter. 27
* Sec. 21. AS 24.60.170(m) is amended to read: 28
(m) All documents issued by the committee after a determination of probable 29
cause to believe that the subject of a complaint has violated this chapter, including a 30
recommendation [AN OPINION RECOMMENDING CORRECTIVE ACTION] 31

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under (g) of this section and a formal charge under (h) of this section, are subject to 1
public inspection. Hearings of the committee under (j) of this section are open to the 2
public, and documents presented at a hearing, and motions filed in connection with the 3
hearing, are subject to inspection by the public. A deliberation or vote 4
[DELIBERATIONS] of the committee following a hearing, a deliberation or vote 5
[DELIBERATIONS] on a motion [MOTIONS] filed by a person charged [THE 6
SUBJECT OF A CHARGE] under (h) of this section, and a deliberation or vote 7
[DELIBERATIONS] concerning an appropriate sanction [SANCTIONS] are 8
confidential. 9
* Sec. 22. AS 24.60.170(r) is amended to read: 10
(r) At any point in a proceeding under this section [THE PROCEEDINGS 11
WHEN THE SUBJECT OF A COMPLAINT APPEARS BEFORE THE 12
COMMITTEE], the subject of the [A] complaint may choose to be represented 13
[ACCOMPANIED] by a legal counsel or other [ANOTHER] person who may [ALSO] 14
present arguments before the committee. The choice of representation [COUNSEL OR 15
ANOTHER PERSON] is not subject to review and approval or disapproval by the 16
committee. The [CHOICE BY THE] subject of a complaint does not waive 17
confidentiality by choosing to be represented [TO BE ACCOMPANIED UNDER 18
THIS SUBSECTION DOES NOT CONSTITUTE A WAIVER OF ANY 19
CONFIDENTIALITY PROVISION IN THIS CHAPTER]. 20
* Sec. 23. AS 24.60.170 is amended by adding a new subsection to read: 21
(s) If a complainant violates confidentiality required under this section, the 22
committee shall immediately dismiss the complaint. After the dismissal, the committee 23
or a person other than the complainant may file a complaint based wholly or partly on 24
facts alleged in the dismissed complaint. 25
* Sec. 24. AS 24.60 is amended by adding new sections to read: 26
Sec. 24.60.171. Committee proceedings and campaign periods. (a) If, during 27
a campaign period, the committee receives a complaint concerning the conduct of a 28
candidate for state office who is covered by this chapter, the committee shall 29
immediately notify the candidate of the complaint, the suspension of the committee's 30
jurisdiction during the campaign period, and the candidate's right to waive the 31

Enrolled HB 298 -16-
suspension of jurisdiction under this subsection. The candidate may, within 11 days 1
after the committee mails or otherwise sends notice of the complaint to the candidate, 2
notify the committee that the candidate waives suspension of the committee's 3
jurisdiction and chooses to have the committee proceed with the complaint under this 4
section. If the candidate does not act within that time or if the candidate notifies the 5
committee that the candidate is not waiving suspension of the committee's jurisdiction, 6
the committee shall return the complaint to the complainant with notice of the 7
suspension of jurisdiction under this subsection and notice of the complainant's right to 8
file the complaint after the campaign period ends. 9
(b) Unless the subject of the complaint requests otherwise, 10
(1) when a complaint concerning the conduct of a candidate for state 11
office is pending before the committee at the beginning of a campaign period and the 12
committee has not issued formal charges under AS 24.60.170(h), the committee may 13
consider the complaint but shall treat the complaint as confidential under AS 24.60.170; 14
(2) the committee may not, during a campaign period, issue a dismissal 15
order under AS 24.60.170(f), issue a decision and recommendation under 16
AS 24.60.170(g), or formally charge a person under AS 24.60.170(h). 17
(c) If the committee has formally charged a person under AS 24.60.170(h) and 18
the charge is still pending when a campaign period begins, the committee shall, unless 19
the person charged requests otherwise, suspend public hearing of the charge until after 20
the campaign period ends. However, the parties to the hearing may engage in discovery 21
under AS 24.60.170(i) during the campaign period. 22
(d) If a hearing under AS 24.60.170(j) has been completed before the beginning 23
of a campaign period but the committee has not yet issued a decision under 24
AS 24.60.170(k), the committee may issue the decision only after the campaign period 25
ends, unless the subject of the complaint requests otherwise. 26
(e) In this section, "campaign period" means a period that begins on the later of 27
45 days before a primary election in which a legislator or legislative employee is a 28
candidate for state office or on the day a legislator or legislative employee files as a 29
candidate for state office, and ends at the end of the day on the earlier of the day 30
(1) that the results of the primary election are certified and made public, 31

-17- Enrolled HB 298
if the candidate does not advance to the general or special election; 1
(2) of the general or special election at which the legislator or legislative 2
employee is a candidate; or 3
(3) the candidate withdraws from the election. 4
Sec. 24.60.172. Committee proceedings closed pending probable cause 5
determination. Unless otherwise required by the Uniform Rules of the Alaska State 6
Legislature, when a complaint alleging a violation of this chapter has been filed by a 7
person other than the committee, a committee deliberation or vote is closed to the 8
complainant, the subject of the complaint, and persons, including legislators, who are 9
not members or alternate members of the committee. The committee may allow the 10
subject of the complaint to attend a meeting about the complaint other than a meeting 11
where the committee deliberates or votes. The committee shall disclose the names of 12
members present at a meeting where the committee deliberates or votes on a motion 13
before the committee, and whether the outcome of the motion was determined by a 14
majority. Tallies of the number of votes cast for or against a motion and the individual 15
votes cast by committee members are confidential. 16
* Sec. 25. AS 24.60 is amended by adding new sections to read: 17
Sec. 24.60.972. Referral to criminal law enforcement agency. If, in the course 18
of an investigation or probable cause determination under AS 24.60.170, the committee 19
finds evidence of probable criminal activity, the committee shall transmit a statement 20
and factual findings limited to that activity to the appropriate law enforcement agency. 21
Sec. 24.60.975. Referral to Alaska Public Offices Commission. If the 22
committee finds evidence of a probable violation of AS 15.13 by a person who is subject 23
to the Legislative Ethics Act, the committee shall transmit a statement to that effect and 24
factual findings limited to the probable violation to the Alaska Public Offices 25
Commission. 26
* Sec. 26. AS 24.60.990(a) is amended by adding a new paragraph to read: 27
(17) "public member" means a member or alternate member of the 28
committee who is not a member of the legislature. 29
* Sec. 27. AS 24.60.170(o), 24.60.170(p), and 24.60.170(q) are repealed. 30
* Sec. 28. This Act takes effect immediately under AS 01.10.070(c). 31