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HB 126: "An Act relating to the handling of legislative ethics complaints during the period immediately preceding elections."

00HOUSE BILL NO. 126 01 "An Act relating to the handling of legislative ethics complaints during the 02 period immediately preceding elections." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.60.170(a) is amended to read: 05  (a) Except as provided in (o) of this section, the [THE] committee shall 06 consider a complaint alleging a violation of this chapter if the alleged violation 07 occurred within five years of the date that the complaint is filed with the committee 08 and, when the subject of the complaint is a former member of the legislature, the 09 complaint is filed within one year of the subject's departure from the legislature. The 10 committee may not consider a complaint filed against a person employed by the 11 legislative branch of government after the person has terminated legislative service. 12 The committee may also initiate complaints on its own motion, subject to the same 13 time limitations. The time limitations of this subsection do not bar proceedings against 14 a person who intentionally prevents discovery of a violation of this chapter.

01 * Sec. 2. AS 24.60.170 is amended by adding a new subsection to read: 02  (o) The committee may not accept a complaint during the 60 days before a 03 state primary, general, or special election in which the subject of the complaint is 04 running for election unless the complaint was initiated by two-thirds of the members 05 of the committee. For complaints received before the 60-day limit concerning a person 06 who is a candidate for election, the committee shall stay investigation, consideration, 07 or other proceedings on the complaint on the 60th day preceding a state primary or 08 general election until the certification of the election unless the proceeding is based on 09 a complaint initiated by two-thirds of the members of the committee or unless two- 10 thirds of the members of the committee vote to continue proceedings in the matter. In the 11 case of a special election called fewer than 60 days before the election, the date of the call 12 for the special election shall serve as the beginning of the time period under this subsection. 13 The committee shall notify in writing the subject of a complaint that is stayed under this 14 subsection and shall also notify the subject of a complaint when the members decide to 15 continue the proceedings under this subsection. If the subject of a complaint objects in 16 writing to a stay of proceedings, the committee shall continue its work on the complaint. 17 * Sec. 3. This Act applies to matters pending with the Select Committee on Legislative 18 Ethics on the effective date of this Act.