00                            HOUSE BILL NO. 254                                                                          
01 "An Act relating to confidentiality of ethics complaints filed under the Alaska Executive                               
02 Branch Ethics Act."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 39.52.340(a) is amended to read:                                                                   
05            (a)  Except as provided in AS 39.52.335, before the initiation of formal                                     
06       proceedings under AS 39.52.350, the complaint and all other documents and                                         
07       information regarding an investigation conducted under this chapter or obtained by the                            
08       attorney general during the investigation are confidential and not subject to inspection                          
09       by the public. In the case of a complaint concerning the governor, lieutenant governor,                           
10       or attorney general, all meetings of the personnel board concerning the complaint and                             
11       investigation before the determination of probable cause are closed to the public. If, in                         
12       the course of an investigation or probable cause determination, the attorney general                              
13       finds evidence of probable criminal activity, the attorney general shall transmit a                               
14       statement and factual findings limited to that activity to the appropriate law                                    

01       enforcement agency. If the attorney general finds evidence of a probable violation of                             
02       AS 15.13, the attorney general shall transmit a statement to that effect and factual                              
03       findings limited to the probable violation to the Alaska Public Offices Commission.                               
04       The attorney general, the complainant, and all persons contacted during the course of                         
05       an investigation shall maintain confidentiality regarding the existence of the                                    
06       investigation.                                                                                                    
07    * Sec. 2. AS 39.52.340 is amended by adding a new subsection to read:                                              
08            (d)  Except as required by law or permitted by this section, a person filing a                               
09       complaint under this chapter shall keep confidential the filing of the complaint and the                          
10       contents of the complaint. If the attorney general determines that a complainant has                              
11       violated a confidentiality provision of this chapter, the attorney general shall                                  
12       immediately dismiss the complaint. Dismissal of a complaint under this subsection                                 
13       does not affect the right of any person other than the complainant to initiate a                                  
14       complaint based on the same factual allegations.