00CS FOR HOUSE BILL NO. 319(JUD)                                                                                        
01 "An Act relating to an employee's expectation of privacy in employer premises."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 23.10 is amended by adding a new section to article 7 to read:                                    
04  Sec. 23.10.450.  No employee expectation of privacy in employment site.                                             
05 (a)  In the absence of a specific written agreement to the contrary, between an                                         
06 employer and an employee of the employer, an employee has no expectation of privacy                                     
07 with respect to business premises, business equipment, and services supplied by the                                     
08 employer, and an employer may have reasonable access to business premises, business                                     
09 equipment, and services supplied by the employer to the employee.  In the absence of                                    
10 a written agreement permitting the employee to limit the employer's access to business                                  
11 premises, business equipment, and services, an employee may not hinder or obstruct                                      
12 the employer from access to the employer's business premises, business equipment,                                       
13 and services, including information stored on a computer or computer network or other                                   
14 service supplied by the employer.                                                                                       

01  (b)  This section does not waive an employee's expectation of privacy with                                            
02 respect to                                                                                                              
03   (1)  a personal telephone call;                                                                                      
04   (2)  personal, oral conversation when a reasonable expectation of                                                    
05 privacy exists;                                                                                                         
06   (3)  premises or equipment, including a computer and computer                                                        
07 information, owned by the employee but used in the employee's employment for the                                        
08 employer even if the equipment is connected to the employer's equipment or service                                      
09 for the equipment is supplied by the employer.                                                                          
10  (c)  In this section,                                                                                                 
11   (1)  "elected official" means the governor, the lieutenant governor, a                                               
12 member of the legislature, a justice or judge, or a person elected to municipal office;                                 
13   (2)  "employee"                                                                                                      
14   (A)  means a person employed by an employer and includes                                                            
15   (i)  a permanent, seasonal, probationary, or temporary                                                             
16 employee whether employed full-time or part-time;                                                                       
17   (ii)  an independent contractor and an employee of an                                                              
18 independent contractor retained by the employer;                                                                        
19   (B)  does not include an elected official;                                                                          
20   (3)  "employer" means a person who has one or more employees and                                                     
21 includes the state, the University of Alaska, the Alaska Railroad, and political                                        
22 subdivisions and public corporations of the state.