00HOUSE BILL NO. 244                                                                                                    
01 "An Act relating to disclosure of information by the attorney general about                                             
02 possible unfair trade practices; and relating to liability for allegations relating to                                  
03 unfair trade practices."                                                                                                
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  FINDINGS.  The legislature finds that                                                                
06   (1)  violations of AS 45.50.471 - 45.50.561 (unfair trade practices and consumer                                      
07 protection) are a matter of public concern;                                                                             
08   (2)  dissemination of information about violations of AS 45.50.471 - 45.50.561                                        
09 would be beneficial to the public by warning the public about unfair trade practices;                                   
10   (3)  persons should not be discouraged from writing or speaking about                                                 
11 violations by the threat of litigation; and                                                                             
12   (4)  persons who file complaints about unfair trade practices with the attorney                                       
13 general should be able to find out information about the investigation of their complaints.                             
14    * Sec. 2.  AS 45.50.521 is amended by adding a new subsection to read:                                             

01  (c)  Notwithstanding (b) of this section, the attorney general may communicate                                        
02 freely about the investigation of an act or practice that may be unlawful under                                         
03 AS 45.50.471 to the person, if any, who filed a complaint about the act or practice                                     
04 with the attorney general.                                                                                              
05    * Sec. 3.  AS 45.50 is amended by adding a new section to read:                                                    
06  Sec. 45.50.525.  Limits on cause of action for statements.  A person may not                                        
07 bring an action for defamation of character, libel, slander, or damage to reputation                                    
08 against a person who makes an allegation that an act or practice is or may be unlawful                                  
09 under AS 45.50.471 unless the person who made the statement knew that the statement                                     
10 was not true, made the statement with reckless disregard for the truth of the statement,                                
11 or made the statement to obtain a competitive business advantage.                                                       
12    * Sec. 4.  APPLICABILITY.  AS 45.50.525, enacted by sec. 1 of this Act, does not apply                             
13 to statements made before the effective date of this Act.