LEGISLATIVE ETHICS CMTE & PROCEEDINGS

HB0298B -1- SCS HB 298(JUD)
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SENATE CS FOR HOUSE BILL NO. 298(JUD)

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY THE SENATE JUDICIARY COMMITTEE

Offered: 5/11/26
Referred: Rules

Sponsor(s): REPRESENTATIVES GALVIN, McCabe
A BILL

FOR AN ACT ENTITLED

"An Act relating to the Legislative Ethics Act; relating to legislative subpoenas; relating 1
to the jurisdiction of the office of the ombudsman; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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, 14
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SCS HB 298(JUD) -2- HB0298B
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employee, or member of an "agency" acting or purporting to act in the exercise of 1
official duties, but does not include the governor, the lieutenant governor, a member of 2
the legislature, the victims' advocate, the staff of the office of victims' rights, a public 3
member of the Select Committee on Legislative Ethics, an employee of the Select 4
Committee on Legislative Ethics, a justice of the supreme court, a judge of the court 5
of appeals, a superior court judge, a district court judge, a magistrate, a member of a 6
city council or borough assembly, an elected city or borough mayor, or a member of 7
an elected school 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 12
construed to prohibit 13
(A) lawful solicitation for and acceptance of campaign 14
contributions; 15
(B) solicitation or acceptance of contributions for a charity 16
event, 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; 18
or 19
(D) a legislator from accepting reasonable, ordinary, and 20
customary travel and hospitality primarily for the purpose of solemnizing a 21
marriage under AS 25.05.261(a)(4); 22
(2) use public funds, facilities, equipment, services, or another 23
government asset or resource for a nonlegislative purpose, for involvement in or 24
support of or opposition to partisan political activity, or for the private benefit of the 25
legislator, legislative employee, or another person; this paragraph does not prohibit 26
(A) limited use of state property and resources for personal 27
purposes if the use does not interfere with the performance of public duties and 28
either the cost or value related to the use is nominal or the legislator or 29
legislative employee reimburses the state for the cost of the use; 30
(B) the use of mailing lists, computer data, or other information 31
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lawfully obtained from a government agency and available to the general 1
public for nonlegislative purposes; 2
(C) the legislative council, notwithstanding AS 24.05.190, from 3
designating a public facility for use by legislators and legislative employees for 4
health or fitness purposes; when the council designates a facility to be used by 5
legislators and legislative employees for health or fitness purposes, it shall 6
adopt guidelines governing access to and use of the facility; the guidelines may 7
establish times in which use of the facility is limited to specific groups; 8
(D) a legislator from using the legislator's private office in the 9
capital city during a legislative session, and for the 10 days immediately before 10
and the 10 days immediately after a legislative session, for nonlegislative 11
purposes if the use does not interfere with the performance of public duties and 12
if there is no cost to the state for the use of the space and equipment, other than 13
utility costs and minimal wear and tear, or the legislator promptly reimburses 14
the state for the cost; an office is considered a legislator's private office under 15
this subparagraph if it is the primary space in the capital city reserved for use 16
by the legislator, whether or not it is shared with others; 17
(E) a legislator from use of legislative employees to prepare 18
and send out seasonal greeting cards; 19
(F) a legislator from using state resources to transport 20
computers or other office equipment owned by the legislator but primarily used 21
for a state function; 22
(G) use by a legislator of photographs of that legislator; 23
(H) reasonable use of the Internet by a legislator or a legislative 24
employee except if the use is for election campaign purposes; 25
(I) a legislator or legislative employee from soliciting, 26
accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable 27
organization in a state facility; 28
(J) a legislator from sending any communication in the form of 29
a newsletter to the legislator's constituents, except a communication expressly 30
advocating the election or defeat of a candidate or a newsletter or material in a 31
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newsletter that is clearly only for the private benefit of a legislator or a 1
legislative employee; [OR] 2
(K) full participation in a charity event approved in advance by 3
the Alaska Legislative Council; or 4
(L) a legislator from using the title "Senator" or 5
"Representative," as appropriate, as long as the legislator does not take or 6
withhold action in exchange for a private benefit for the legislator or 7
another person; 8
(3) knowingly seek, accept, use, allocate, grant, or award public funds 9
for a purpose other than that approved by law, or make a false statement in connection 10
with a claim, request, or application for compensation, reimbursement, or travel 11
allowances from public funds; 12
(4) require a legislative employee to perform services for the private 13
benefit of the legislator or employee at any time, or allow a legislative employee to 14
perform services for the private benefit of a legislator or employee on government 15
time; it is not a violation of this paragraph if the services were performed in an 16
unusual or infrequent situation and the person's services were reasonably necessary to 17
permit the legislator or legislative employee to perform official duties; 18
(5) use or authorize the use of state funds, facilities, equipment, 19
services, or another government asset or resource for the purpose of political fund 20
raising or campaigning; this paragraph does not prohibit 21
(A) limited use of state property and resources for personal 22
purposes if the use does not interfere with the performance of public duties and 23
either the cost or value related to the use is nominal or the legislator or 24
legislative employee reimburses the state for the cost of the use; 25
(B) the use of mailing lists, computer data, or other information 26
lawfully obtained from a government agency and available to the general 27
public for nonlegislative purposes; 28
(C) storing or maintaining, consistent with (b) of this section, 29
election campaign records in a legislator's office; 30
(D) a legislator from using the legislator's private office in the 31
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capital city during a legislative session, and for the 10 days immediately before 1
and the 10 days immediately after a legislative session, for nonlegislative 2
purposes if the use does not interfere with the performance of public duties and 3
if there is no cost to the state for the use of the space and equipment, other than 4
utility costs and minimal wear and tear, or the legislator promptly reimburses 5
the state for the cost; an office is considered a legislator's private office under 6
this subparagraph if it is the primary space in the capital city reserved for use 7
by the legislator, whether or not it is shared with others; or 8
(E) use by a legislator of photographs of that legislator. 9
* Sec. 4. AS 24.60.035 is amended to read: 10
Sec. 24.60.035. Protection of whistle blowers. (a) A legislator or legislative 11
employee may not, directly or indirectly, subject a person to reprisal, harassment, or 12
discrimination for reporting [WHO REPORTS] to the committee or another 13
government entity conduct the person reasonably believes is a violation of this chapter 14
or another state law [, TO REPRISAL, HARASSMENT, OR DISCRIMINATION]. 15
(b) A legislative employee who is discharged, disciplined, involuntarily 16
transferred, or otherwise penalized by a legislator or another legislative employee in 17
violation of this section [SUBSECTION] may 18
(1) bring a complaint before the committee; and 19
(2) bring a separate civil action in the courts seeking damages, 20
payment of back wages, reinstatement, or other relief. 21
* Sec. 5. AS 24.60.080(d) is amended to read: 22
(d) A legislator or legislative employee who accepts a gift under (c)(4) of this 23
section that has a value of $250 or more or a ticket to a charity event or gift in 24
connection with a charity event under (c)(10) of this section that has a value of $250 25
or more shall disclose to the committee, within 60 days after receipt of the gift, the 26
name and occupation of the donor and the approximate value of the gift and, for a gift 27
under (c)(4) of this section, a copy of the agenda or other documentation 28
sufficient to show that the gift was primarily for the purpose of obtaining 29
information on a matter of legislative concern. A legislator or legislative employee 30
who accepts a gift under (c)(8) of this section that the recipient expects will have a 31
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value of $250 or more in the calendar year shall disclose to the committee, within 30 1
days after receipt of the gift, the name and occupation of the donor, a general 2
description of the matter of legislative concern with respect to which the gift is made, 3
and the approximate value of the gift. The committee shall maintain a public record of 4
the disclosures it receives relating to gifts under (c)(4), (c)(8), (c)(10), and (i) of this 5
section and shall forward the disclosures to the appropriate house for inclusion in the 6
journal. The committee shall forward to the Alaska Public Offices Commission copies 7
of the disclosures concerning gifts under (c)(4), (c)(8), (c)(10), and (i) of this section 8
that it receives from legislators and legislative directors. A legislator or legislative 9
employee who accepts a gift under (c)(6) of this section that has a value of $250 or 10
more shall, within 30 days after receiving the gift, disclose to the committee the name 11
and occupation of the donor and a description of the gift. The committee shall 12
maintain disclosures relating to gifts under (c)(6) of this section as confidential records 13
and may only use, or permit a committee employee or contractor to use, a disclosure 14
under (c)(6) of this section in the investigation of a possible violation of this section or 15
in a proceeding under AS 24.60.170. If the disclosure under (c)(6) of this section 16
becomes part of the record of a proceeding under AS 24.60.170, the confidentiality 17
provisions of that section apply to the disclosure. 18
* Sec. 6. AS 24.60.130(c) is amended to read: 19
(c) Not [NO] more than one public member may be a former legislator and 20
not [NO] more than two public members of the committee may be members of the 21
same political party. In this subsection, "public member" does not include an 22
alternate public member. 23
* Sec. 7. AS 24.60.130(f) is amended to read: 24
(f) The committee may contract for professional services and may employ 25
staff as it considers necessary. A committee employee, including a person who 26
provides personal services under a contract with the committee, may not be a 27
legislator, an elected or appointed official of a state or local governmental entity, an 28
officer of a political party, a candidate for public office, or a registered lobbyist. The 29
legislative council shall provide office space, equipment, and additional staff support 30
for the committee. The committee shall submit a budget for each fiscal year to the 31
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finance committees of the legislature and shall annually submit an estimated budget to 1
the governor for information purposes in preparation of the state operating budget. 2
Public members of the committee serve without compensation for members' [THEIR] 3
services, but are entitled to per diem equal to the per diem adopted by the 4
legislative council under AS 24.10.130(c) for legislators and reimbursement of 5
[AND] travel expenses [AUTHORIZED FOR BOARDS AND COMMISSIONS 6
UNDER AS 39.20.180]. 7
* Sec. 8. AS 24.60.150(b) is amended to read: 8
(b) The committee may 9
(1) recommend legislation to the legislature the committee considers 10
desirable or necessary to promote and maintain high standards of ethical conduct in 11
government; 12
(2) in a matter before the committee, subpoena witnesses, administer 13
oaths, [AND] take testimony [RELATING TO MATTERS BEFORE THE 14
COMMITTEE], and, when authorized by the chair of the committee, subpoena 15
[MAY REQUIRE] the production [FOR EXAMINATION] of [ANY] books or papers 16
for examination [RELATING TO ANY MATTER UNDER INVESTIGATION 17
BEFORE THE COMMITTEE]. 18
* Sec. 9. AS 24.60.160(a) is amended to read: 19
(a) On the request of the committee, the Alaska Public Offices Commission, a 20
person to whom this chapter applies, or a person who has been newly elected to the 21
legislature, the committee shall issue an advisory opinion within 60 days as to whether 22
the facts and circumstances of a particular case constitute a violation of ethical 23
standards. If it finds that it is advisable to do so, the committee may issue an opinion 24
under this section on the request of a person who reasonably expects to become 25
subject to this chapter within the next 45 days. The 60-day period for issuing an 26
opinion may be extended by the committee [IF THE PERSON REQUESTING THE 27
OPINION CONSENTS]. 28
* Sec. 10. AS 24.60.170(b) is amended to read: 29
(b) A complaint may be initiated by any person. The complaint must be in 30
writing and signed under oath by the complainant, state [PERSON MAKING THE 31
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COMPLAINT AND MUST CONTAIN A STATEMENT] that the complainant has 1
reason to believe that the subject of the complaint has violated the Legislative 2
Ethics Act, [A VIOLATION OF THIS CHAPTER HAS OCCURRED] and describe 3
the [ANY] facts supporting [KNOWN TO THE COMPLAINANT TO SUPPORT] 4
that belief. The committee shall make a form available for filing a complaint 5
[UPON REQUEST PROVIDE A FORM FOR A COMPLAINT TO A PERSON 6
WISHING TO FILE A COMPLAINT]. The committee shall acknowledge receipt of 7
a complaint within seven days after receiving the complaint. The [UPON 8
RECEIVING A COMPLAINT, THE] committee shall advise the complainant that the 9
committee or the subject of the complaint may ask the complainant to testify at any 10
stage of a [THE] proceeding under this section as to the complainant's belief that the 11
subject of the complaint has violated the Legislative Ethics Act. Within 10 days 12
after receiving a complaint, the [THIS CHAPTER. THE COMMITTEE SHALL 13
RESPOND TO A COMPLAINT CONCERNING THE CONDUCT OF A 14
CANDIDATE FOR ELECTION TO STATE OFFICE RECEIVED DURING THE 15
CAMPAIGN PERIOD IN ACCORDANCE WITH (o) OF THIS SECTION. THE 16
COMMITTEE SHALL TREAT A COMPLAINT CONCERNING THE CONDUCT 17
OF A CANDIDATE FOR ELECTION TO STATE OFFICE THAT IS PENDING AT 18
THE BEGINNING OF A CAMPAIGN PERIOD IN ACCORDANCE WITH (p) OF 19
THIS SECTION. THE] committee shall [IMMEDIATELY] provide a copy [OF THE 20
COMPLAINT] to the [PERSON WHO IS THE] subject of the complaint. 21
* Sec. 11. AS 24.60.170(c) is amended to read: 22
(c) Within 10 days after receiving [WHEN THE COMMITTEE 23
RECEIVES] a complaint under (a) of this section, committee [IT MAY ASSIGN 24
THE COMPLAINT TO A STAFF PERSON. THE] staff [PERSON] shall conduct a 25
preliminary examination of the complaint and advise the committee whether the 26
allegations of the complaint, if true, constitute a violation of this chapter and whether 27
there is credible information to indicate [THAT] a further investigation and a 28
proceeding under this subsection is warranted. The advice [STAFF 29
RECOMMENDATION] shall be based on [THE] information and evidence that are 30
part of [CONTAINED IN] the complaint or received from [AS SUPPLEMENTED 31
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BY] the complainant or [AND BY] the subject of the complaint after a request 1
[COMPLAINT, IF REQUESTED TO DO SO] by committee [THE] staff 2
[MEMBER]. The committee shall consider the advice [RECOMMENDATION OF 3
THE STAFF MEMBER, IF ANY,] and may ask the complainant or the subject of 4
the complaint to provide clarification or additional information before the 5
committee makes a determination under this subsection [SHALL DETERMINE 6
WHETHER THE ALLEGATIONS OF THE COMPLAINT, IF TRUE, 7
CONSTITUTE A VIOLATION OF THIS CHAPTER]. The complainant and the 8
subject of the complaint are not obligated to provide the clarification or 9
additional information. If the committee determines that the allegations, if true, do 10
[PROVEN, WOULD] not constitute a violation of this chapter [GIVE RISE TO A 11
VIOLATION], that the complaint is frivolous on its face, that there is insufficient 12
credible information available or discoverable [THAT CAN BE UNCOVERED] to 13
support [WARRANT] further investigation by the committee, or that the committee's 14
lack of jurisdiction is apparent on the face of the complaint, the committee shall 15
dismiss the complaint and [SHALL] notify the complainant and the subject of the 16
complaint of the dismissal. [THE COMMITTEE MAY ASK THE COMPLAINANT 17
TO PROVIDE CLARIFICATION OR ADDITIONAL INFORMATION BEFORE IT 18
MAKES A DECISION UNDER THIS SUBSECTION AND MAY REQUEST 19
INFORMATION CONCERNING THE MATTER FROM THE SUBJECT OF THE 20
COMPLAINT. NEITHER THE COMPLAINANT NOR THE SUBJECT OF A 21
COMPLAINT IS OBLIGATED TO PROVIDE THE INFORMATION.] A 22
proceeding conducted under this subsection is confidential. Documents [, 23
DOCUMENTS] that are part of a proceeding conducted under this subsection [,] 24
and a dismissal under this subsection are confidential unless the subject of the 25
complaint waives confidentiality as provided in (l) of this section [UNLESS THE 26
SUBJECT OF THE COMPLAINT WAIVES CONFIDENTIALITY AS PROVIDED 27
IN THAT SUBSECTION]. 28
* Sec. 12. AS 24.60.170(d) is amended to read: 29
(d) If the committee determines that some or all of the allegations of a 30
complaint, if true, [PROVEN, WOULD] constitute a violation of this chapter, or if the 31
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committee has initiated a complaint, the committee shall investigate the complaint [, 1
ON A CONFIDENTIAL BASIS]. Before investigating [BEGINNING AN 2
INVESTIGATION OF] a complaint, the committee shall adopt a resolution defining 3
the scope of the investigation. The committee shall provide a [A] copy of the [THIS] 4
resolution [SHALL BE PROVIDED TO THE COMPLAINANT AND] to the subject 5
of the complaint and notify the complainant of the investigation. As part of the 6
[ITS] investigation, the committee shall give [AFFORD] the subject of the complaint 7
an opportunity to explain the conduct alleged to constitute [BE] a violation of this 8
chapter. The investigation is confidential. 9
* Sec. 13. AS 24.60.170(e) is amended to read: 10
(e) If, during the investigation under (d) of this section, the committee 11
discovers facts that justify expanding [AN EXPANSION OF] the investigation and 12
possibly adding new [THE POSSIBILITY OF ADDITIONAL] charges to 13
[BEYOND THOSE CONTAINED IN] the complaint, the committee shall amend the 14
resolution adopted under [DESCRIBED IN] (d) of this section [SHALL BE 15
AMENDED ACCORDINGLY] and provide a copy of the amended resolution 16
[SHALL BE PROVIDED] to the subject of the complaint. 17
* Sec. 14. AS 24.60.170(f) is amended to read: 18
(f) If the committee determines after investigation that there is not probable 19
cause to believe [THAT] the subject of the complaint has violated this chapter, the 20
committee shall dismiss the complaint. The committee may also dismiss portions of a 21
complaint if it finds no probable cause to believe that the subject of the complaint has 22
violated this chapter as alleged in those portions. The committee shall issue an order 23
[A DECISION] explaining its dismissal. The committee shall provide a 24
[COMMITTEE DELIBERATIONS AND VOTE ON THE DISMISSAL ORDER 25
AND DECISION ARE NOT OPEN TO THE PUBLIC OR TO THE SUBJECT OF 26
THE COMPLAINT. A] copy of the [DISMISSAL] order to dismiss [AND 27
DECISION SHALL BE SENT] to the complainant and to the subject of the complaint. 28
Notwithstanding (l) of this section, the [A DISMISSAL] order to dismiss [AND 29
DECISION] is open to inspection and copying by the public after the order is 30
adopted. 31
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* Sec. 15. AS 24.60.170(g) is amended to read: 1
(g) If the committee [INVESTIGATION] determines that a probable violation 2
of this chapter exists that may be corrected by action of the subject of the complaint 3
and [THAT] does not warrant sanctions other than correction, the committee may 4
issue a decision and written recommendation that the subject of the complaint 5
take [AN OPINION RECOMMENDING] corrective action within 20 days. The 6
recommendation [. THIS OPINION] shall be provided to the complainant and to the 7
subject of the complaint [,] and is open to inspection by the public. Whether the 8
recommended corrective action is taken or not, the subject of the complaint may, 9
within [WITHIN] 20 days after receiving the recommendation, [OPINION, THE 10
SUBJECT OF THE COMPLAINT MAY] request a confidential meeting with the 11
committee. The [AT WHICH MEETING THE] committee shall meet with the 12
complainant within 10 days after receiving the request or as soon as practicable, 13
whichever is later, and explain the reasons for the recommendation [ITS 14
RECOMMENDATIONS]. The committee may share [DIVULGE] confidential 15
information with [TO] the subject of the complaint. The shared information remains 16
confidential under (l) of this section. [THE SUBJECT OF THE COMPLAINT MAY 17
COMPLY WITH THE OPINION OR MAY REQUEST A HEARING BEFORE THE 18
COMMITTEE UNDER (j) OF THIS SECTION. AFTER THE HEARING, THE 19
COMMITTEE MAY AMEND OR AFFIRM THE OPINION.] If the subject of the 20
complaint [AGREES TO COMPLY WITH THE OPINION BUT LATER] fails to 21
complete the recommended corrective action within 10 days after the confidential 22
meeting [IN A TIMELY MANNER], the committee may formally charge the subject 23
of the complaint [PERSON] as provided in (h) of this section or [MAY] refer the 24
matter to the appropriate house of the legislature, in the case of a legislator, or, in the 25
case of a legislative employee, refer the matter to the employee's appointing 26
authority. The appropriate house of the legislature or the appointing authority, as 27
appropriate, may act [TAKE ACTION] to enforce the committee's recommendation 28
[CORRECTIVE ACTION] or may decline to take action and refer the matter back to 29
the committee. In either instance [CASE], the committee may formally charge the 30
subject of the complaint [PERSON] under (h) of this section. 31
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* Sec. 16. AS 24.60.170(h) is amended to read: 1
(h) If the subject of a complaint fails to comply with a recommendation 2
received under (g) of this section [AN OPINION] and the committee decides under 3
(g) of this section to charge the person, or, if the committee determines after 4
investigation under (d) of this section that there is probable cause to believe [THAT] 5
the subject of the complaint has committed a violation of this chapter that may require 6
sanctions instead of or in addition to corrective action, the committee shall formally 7
charge the person as soon as practicable. The charge shall be served on the person 8
charged, in a manner consistent with the service of summons under the rules of civil 9
procedure, and a copy of the charge shall be sent to the complainant. The person 10
charged may file a responsive pleading to the committee admitting or denying some or 11
all of the allegations of the charge. 12
* Sec. 17. AS 24.60.170(i) is amended to read: 13
(i) A person charged under (h) of this section may engage in discovery in a 14
manner consistent with the Alaska Rules of Civil Procedure. The committee may 15
adopt procedures that 16
(1) impose reasonable restrictions on the time for [THIS] discovery 17
and [ON] the materials that may be discovered; 18
(2) allow [PERMIT A PERSON WHO IS] the subject of a complaint 19
to engage in discovery as soon as a complaint is filed [AT AN EARLIER STAGE 20
OF THE PROCEEDINGS]; 21
(3) impose reasonable restrictions, in addition to restrictions 22
imposed under (l) of this section, on the release of information acquired [THAT 23
THE SUBJECT OF A COMPLAINT ACQUIRES] from the committee in the course 24
of discovery, or acquired [ON INFORMATION OBTAINED] by use of the 25
committee's authority, in order to protect the privacy of persons not under 26
investigation [TO WHOM THE INFORMATION PERTAINS]; however, the 27
committee may not impose restrictions under this subsection on the release of 28
information by the subject of the complaint unless the complainant agrees [HAS 29
AGREED] to be bound by similar restrictions and does [HAS] not make [MADE] 30
public [THE] information [CONTAINED] in the complaint or [, INFORMATION] 31
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about the complaint, including [OR] the fact [OF FILING] the complaint was filed. 1
* Sec. 18. AS 24.60.170(j) is amended to read: 2
(j) If the committee has issued a formal charge under (h) of this section [,] and 3
[IF] the person charged has not admitted the allegations of the charge, the committee 4
shall schedule a hearing on the charge. The committee may appoint a person who 5
does not advise the committee, except in the course of presenting cases under this 6
section, [AN INDIVIDUAL] to present the case against the subject of the complaint 7
[PERSON CHARGED IF THAT INDIVIDUAL DOES NOT PROVIDE OTHER 8
LEGAL ADVICE TO THE COMMITTEE EXCEPT IN THE COURSE OF 9
PRESENTING CASES UNDER THIS SUBSECTION]. The committee shall 10
schedule a hearing [SHALL BE SCHEDULED FOR A] date that is more than 20 and 11
fewer [LESS] than 90 days after service of the charge on the subject of the complaint 12
[PERSON CHARGED], unless the committee schedules a later hearing date. If the 13
complainant prevents the hearing from starting until after the date scheduled by the 14
committee [BEFORE THE 90-DAY DEADLINE PASSES] and a quorum of the 15
committee determines by vote of a majority of committee members the delay is not 16
supported by a compelling reason or will result in the person charged being deprived 17
of a fair hearing, the committee may order [DISMISS] the complaint dismissed with 18
prejudice or enter some other order the committee determines is appropriate. At the 19
hearing, the subject of the complaint [PERSON CHARGED] shall have the right to 20
appear personally before the committee, [TO] subpoena witnesses and require the 21
production of books or papers relating to the proceedings, [TO] be represented by 22
counsel, and [TO] cross-examine witnesses. A witness shall testify under oath. The 23
hearing is not subject to [COMMITTEE IS NOT BOUND BY] the rules of evidence, 24
but the committee's findings must be based upon clear and convincing evidence. The 25
committee shall record [TESTIMONY TAKEN AT] the hearing [SHALL BE 26
RECORDED,] and maintain evidence [SHALL BE MAINTAINED]. 27
* Sec. 19. AS 24.60.170(k) is amended to read: 28
(k) Following the hearing, the committee shall issue a decision stating whether 29
or not the subject of the complaint violated this chapter, and explaining the reasons for 30
that [THE] determination. The committee [COMMITTEE'S DECISION] may also 31
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indicate in the decision whether the subject of the complaint cooperated with the 1
committee in [ITS] proceedings under this section. If the committee finds that the 2
subject of the complaint violated this chapter or did not cooperate with 3
proceedings under this section, the committee shall recommend in the decision [A 4
VIOLATION, OR LACK OF COOPERATION BY THE SUBJECT, THE 5
DECISION SHALL RECOMMEND WHAT] sanctions, if any, the committee 6
believes are appropriate. If the committee does not hold a hearing under (j) of this 7
section [THERE HAS NOT BEEN A HEARING] because the subject of the 8
complaint [PERSON CHARGED] admitted [TO] the allegations of the charge, the 9
committee shall issue a decision outlining the facts of the violation and 10
recommending sanctions, if any, the committee believes are appropriate 11
[CONTAINING A SANCTIONS RECOMMENDATION]. 12
* Sec. 20. AS 24.60.170(l) is repealed and reenacted to read: 13
(l) A complaint filed under this section and a dismissal of the complaint are 14
confidential. The complainant shall keep confidential the filing of the complaint and 15
the information that is in the complaint. Except as otherwise provided in this section or 16
as necessary for the committee to administer the requirements of this section, 17
documents produced or disclosed as a result of an examination by the committee or a 18
committee investigation under this section are confidential and not subject to 19
inspection by the public. The confidentiality requirements of this subsection, other 20
than requirements limiting disclosure of information that might be used to identify a 21
witness other than the subject of the complaint, may be waived by the subject of the 22
complaint. If the subject of a complaint waives confidentiality of the complaint under 23
this subsection, a dismissal of the complaint may be made public and, as long as 24
information sufficient to disclose the identity of each witness is redacted, the 25
complaint and documents produced or disclosed as a result of an examination by the 26
committee, the committee's investigation of the complaint, and documents that are part 27
of a proceeding under (c) of this section, may be made public. A person may not 28
disclose names or other information that may be used to identify a witness without the 29
consent of the witness. A person who is a witness may consent to disclosure of the 30
person's own name or identifying information. In this subsection, "witness" means the 31
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complainant, the subject of the complaint, or a person who may give testimony in the 1
matter. 2
* Sec. 21. AS 24.60.170(m) is amended to read: 3
(m) All documents issued by the committee after a determination of probable 4
cause to believe that the subject of a complaint has violated this chapter, including a 5
recommendation [AN OPINION RECOMMENDING CORRECTIVE ACTION] 6
under (g) of this section and a formal charge under (h) of this section, are subject to 7
public inspection. Hearings of the committee under (j) of this section are open to the 8
public, and documents presented at a hearing, and motions filed in connection with the 9
hearing, are subject to inspection by the public. A deliberation or vote 10
[DELIBERATIONS] of the committee following a hearing, a deliberation or vote 11
[DELIBERATIONS] on a motion [MOTIONS] filed by a person charged [THE 12
SUBJECT OF A CHARGE] under (h) of this section, and a deliberation or vote 13
[DELIBERATIONS] concerning an appropriate sanction [SANCTIONS] are 14
confidential. 15
* Sec. 22. AS 24.60.170(r) is amended to read: 16
(r) At any point in a proceeding under this section [THE PROCEEDINGS 17
WHEN THE SUBJECT OF A COMPLAINT APPEARS BEFORE THE 18
COMMITTEE], the subject of the [A] complaint may choose to be represented 19
[ACCOMPANIED] by a legal counsel or other [ANOTHER] person who may 20
[ALSO] present arguments before the committee. The choice of representation 21
[COUNSEL OR ANOTHER PERSON] is not subject to review and approval or 22
disapproval by the committee. The [CHOICE BY THE] subject of a complaint does 23
not waive confidentiality by choosing to be represented [TO BE ACCOMPANIED 24
UNDER THIS SUBSECTION DOES NOT CONSTITUTE A WAIVER OF ANY 25
CONFIDENTIALITY PROVISION IN THIS CHAPTER]. 26
* Sec. 23. AS 24.60.170 is amended by adding a new subsection to read: 27
(s) If a complainant violates confidentiality required under this section, the 28
committee shall immediately dismiss the complaint. After the dismissal, the 29
committee or a person other than the complainant may file a complaint based wholly 30
or partly on facts alleged in the dismissed complaint. 31
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* Sec. 24. AS 24.60 is amended by adding new sections to read: 1
Sec. 24.60.171. Committee proceedings and campaign periods. (a) If, 2
during a campaign period, the committee receives a complaint concerning the conduct 3
of a candidate for state office who is covered by this chapter, the committee shall 4
immediately notify the candidate of the complaint, the suspension of the committee's 5
jurisdiction during the campaign period, and the candidate's right to waive the 6
suspension of jurisdiction under this subsection. The candidate may, within 11 days 7
after the committee mails or otherwise sends notice of the complaint to the candidate, 8
notify the committee that the candidate waives suspension of the committee's 9
jurisdiction and chooses to have the committee proceed with the complaint under this 10
section. If the candidate does not act within that time or if the candidate notifies the 11
committee that the candidate is not waiving suspension of the committee's jurisdiction, 12
the committee shall return the complaint to the complainant with notice of the 13
suspension of jurisdiction under this subsection and notice of the complainant's right 14
to file the complaint after the campaign period ends. 15
(b) Unless the subject of the complaint requests otherwise, 16
(1) when a complaint concerning the conduct of a candidate for state 17
office is pending before the committee at the beginning of a campaign period and the 18
committee has not issued formal charges under AS 24.60.170(h), the committee may 19
consider the complaint but shall treat the complaint as confidential under 20
AS 24.60.170; 21
(2) the committee may not, during a campaign period, issue a dismissal 22
order under AS 24.60.170(f), issue a decision and recommendation under 23
AS 24.60.170(g), or formally charge a person under AS 24.60.170(h). 24
(c) If the committee has formally charged a person under AS 24.60.170(h) and 25
the charge is still pending when a campaign period begins, the committee shall, unless 26
the person charged requests otherwise, suspend public hearing of the charge until after 27
the campaign period ends. However, the parties to the hearing may engage in 28
discovery under AS 24.60.170(i) during the campaign period. 29
(d) If a hearing under AS 24.60.170(j) has been completed before the 30
beginning of a campaign period but the committee has not yet issued a decision under 31
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AS 24.60.170(k), the committee may issue the decision only after the campaign period 1
ends, unless the subject of the complaint requests otherwise. 2
(e) In this section, "campaign period" means a period that begins on the later 3
of 45 days before a primary election in which a legislator or legislative employee is a 4
candidate for state office or on the day a legislator or legislative employee files as a 5
candidate for state office, and ends at the end of the day on the earlier of the day 6
(1) that the results of the primary election are certified and made 7
public, if the candidate does not advance to the general or special election; 8
(2) of the general or special election at which the legislator or 9
legislative employee is a candidate; or 10
(3) the candidate withdraws from the election. 11
Sec. 24.60.172. Committee proceedings closed pending probable cause 12
determination. Unless otherwise required by the Uniform Rules of the Alaska State 13
Legislature, when a complaint alleging a violation of this chapter has been filed by a 14
person other than the committee, a committee deliberation or vote is closed to the 15
complainant, the subject of the complaint, and persons, including legislators, who are 16
not members or alternate members of the committee. The committee may allow the 17
subject of the complaint to attend a meeting about the complaint other than a meeting 18
where the committee deliberates or votes. The committee shall disclose the names of 19
members present at a meeting where the committee deliberates or votes on a motion 20
before the committee, and whether the outcome of the motion was determined by a 21
majority. Tallies of the number of votes cast for or against a motion and the individual 22
votes cast by committee members are confidential. 23
* Sec. 25. AS 24.60 is amended by adding new sections to read: 24
Sec. 24.60.972. Referral to criminal law enforcement agency. If, in the 25
course of an investigation or probable cause determination under AS 24.60.170, the 26
committee finds evidence of probable criminal activity, the committee shall transmit a 27
statement and factual findings limited to that activity to the appropriate law 28
enforcement agency. 29
Sec. 24.60.975. Referral to Alaska Public Offices Commission. If the 30
committee finds evidence of a probable violation of AS 15.13 by a person who is 31
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subject to the Legislative Ethics Act, the committee shall transmit a statement to that 1
effect and factual findings limited to the probable violation to the Alaska Public 2
Offices Commission. 3
* Sec. 26. AS 24.60.990(a) is amended by adding a new paragraph to read: 4
(17) "public member" means a member or alternate member of the 5
committee who is not a member of the legislature. 6
* Sec. 27. AS 24.60.170(o), 24.60.170(p), and 24.60.170(q) are repealed. 7
* Sec. 28. This Act takes effect immediately under AS 01.10.070(c). 8