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HB 65: "An Act relating to breaches of security involving personal information, credit report and credit score security freezes, consumer credit monitoring, credit accuracy, protection of social security numbers, care of records, disposal of records, identity theft, furnishing consumer credit header information, credit cards, and debit cards, and to the jurisdiction of the office of administrative hearings; amending Rule 60, Alaska Rules of Civil Procedure; and providing for an effective date."

00 HOUSE BILL NO. 65 01 "An Act relating to breaches of security involving personal information, credit report 02 and credit score security freezes, consumer credit monitoring, credit accuracy, 03 protection of social security numbers, care of records, disposal of records, identity theft, 04 furnishing consumer credit header information, credit cards, and debit cards, and to the 05 jurisdiction of the office of administrative hearings; amending Rule 60, Alaska Rules of 06 Civil Procedure; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 40.21.110 is amended to read: 09 Sec. 40.21.110. Care of records. Except for public records lawfully in the 10 possession of a person other than the state, public records of existing or defunct 11 agencies of the state, territorial, and Russian governments in Alaska are the property 12 of the state and shall be created, maintained, preserved, stored, transferred, destroyed 13 or disposed of, and otherwise managed in accordance with the provisions of this

01 chapter and AS 45.48.500 - 45.48.530. Records shall be delivered by outgoing 02 officials and employees to their successors, and may not be removed, destroyed or 03 disposed of, except as provided in this chapter and AS 45.48.500 - 45.48.530. 04 * Sec. 2. AS 44.64.030(a) is amended by adding a new paragraph to read: 05 (35) AS 45.48.080(c) (breach of security involving personal 06 information). 07 * Sec. 3. AS 45 is amended by adding a new chapter to read: 08 Chapter 48. Personal Information Protection Act. 09 Article 1. Breach of Security Involving Personal Information. 10 Sec. 45.48.010. Disclosure of breach of security. (a) If a person owns or uses 11 personal information that includes personal information on a state resident, and a 12 breach of the security of the information system containing the personal information 13 occurs, the person shall, after discovering or being notified of the breach, disclose the 14 breach to each state resident whose personal information was subject to the breach. 15 (b) An information collector shall make the disclosure required by (a) of this 16 section in the most expeditious time possible and without unreasonable delay, except 17 as provided in AS 45.48.020 and as necessary to determine the scope of the breach and 18 restore the reasonable integrity of the information system. 19 Sec. 45.48.020. Allowable delay in notification. An information collector 20 may delay disclosing the breach under AS 45.48.010 if an appropriate law 21 enforcement agency determines that disclosing the breach will interfere with a 22 criminal investigation. However, the information collector shall disclose the breach to 23 the state resident in the most expeditious time possible and without unreasonable delay 24 after the law enforcement agency informs the information collector in writing that 25 disclosure of the breach will no longer interfere with the investigation 26 Sec. 45.48.030. Methods of notice. An information collector shall make the 27 disclosure required by AS 45.48.010 28 (1) by a written document sent to the most recent address the 29 information collector has for the state resident; 30 (2) by electronic means if making the disclosure by the electronic 31 means is consistent with the provisions regarding electronic records and signatures

01 required for notices legally required to be in writing under 15 U.S.C. 7001 et seq. 02 (Electronic Signatures in Global and National Commerce Act); or 03 (3) if the information collector demonstrates that the cost of providing 04 notice would exceed $250,000, that the affected class of state residents to be notified 05 exceeds 500,000, or that the information collector does not have sufficient contact 06 information to provide notice, by 07 (A) electronic mail if the information collector has an 08 electronic mail address for the state resident; 09 (B) conspicuously posting the disclosure on the Internet 10 website of the information collector if the information collector maintains an 11 Internet site; and 12 (C) providing a notice to major statewide media. 13 Sec. 45.48.040. Notification of certain other agencies. (a) If an information 14 collector is required by AS 45.48.010 to notify more than 1,000 state residents of a 15 breach, the information collector shall also notify without unreasonable delay all 16 consumer reporting agencies that compile and maintain files on consumers on a 17 nationwide basis and provide the agencies with the timing, distribution, and content of 18 the notices. 19 (b) This section may not be construed to require the information collector to 20 provide the consumer reporting agencies identified under (a) of this section with the 21 names or other personal information of the state residents whose personal information 22 was subject to the breach. 23 (c) This section does not apply to an information collector who is subject to 15 24 U.S.C. 6801 - 6827 (Gramm-Leach-Bliley Financial Modernization Act). 25 (d) In this section, "consumer reporting agency that compiles and maintains 26 files on consumers on a nationwide basis" has the meaning given in 15 U.S.C. 27 1681a(p). 28 Sec. 45.48.050. Exception for employees and agents. In AS 45.48.010 - 29 45.48.090, the good faith acquisition of personal information by an employee or agent 30 of an information collector for a legitimate purpose of the information collector is not 31 a breach of the security of the information system if the employee or agent does not

01 use the personal information for a purpose unrelated to a legitimate purpose of the 02 information collector and does not make further unauthorized disclosure of the 03 personal information. 04 Sec. 45.48.060. Waivers. A waiver of AS 45.48.010 - 45.48.090 is void and 05 unenforceable. 06 Sec. 45.48.070. Treatment of certain breaches. (a) If a breach of the security 07 of the information system containing personal information on a state resident that is 08 maintained by an information recipient occurs, the information recipient is not 09 required to comply with AS 45.48.010 - 45.48.030. However, immediately after the 10 information recipient discovers the breach, the information recipient shall notify the 11 information distributor who owns the personal information or who licensed the use of 12 the personal information to the information recipient about the breach and cooperate 13 with the information distributor as necessary to allow the information distributor to 14 comply with (b) of this section. In this subsection, "cooperate" means sharing with the 15 information distributor information relevant to the breach, except for confidential 16 business information or trade secrets. 17 (b) If an information recipient notifies an information distributor of a breach 18 under (a) of this section, the information distributor shall comply with AS 45.48.010 - 19 45.48.030 as if the breach occurred to the information system maintained by the 20 information distributor. 21 Sec. 45.48.080. Violations. (a) If an information collector who is a 22 governmental agency violates AS 45.48.010 - 45.48.090 with regard to the personal 23 information of a state resident, the information collector 24 (1) is liable to the state for a civil penalty of up to $500 for each state 25 resident who was not notified under AS 45.48.010 - 45.48.090, but the total civil 26 penalty may not exceed $50,000; and 27 (2) may be enjoined from further violations. 28 (b) If an information collector who is not a governmental agency violates 29 AS 45.48.010 - 45.48.090 with regard to the personal information of a state resident, 30 the violation is an unfair or deceptive act or practice under AS 45.50.471 - 45.50.561. 31 However, the information collector is not subject to the civil penalties imposed under

01 AS 45.50.551 but is liable to the state for a civil penalty of up to $500 for each state 02 resident who was not notified under AS 45.48.010 - 45.48.090, except that the total 03 civil penalty may not exceed $50,000. 04 (c) The Department of Administration may enforce (a) of this section against a 05 governmental agency. The procedure for review of an order or action of the 06 department under this subsection is the same as the procedure provided by AS 44.62 07 (Administrative Procedure Act), except that the office of administrative hearings 08 (AS 44.64.010) shall conduct the hearings in contested cases and the decision may be 09 appealed under AS 44.64.030(c). 10 (d) In this section, "governmental agency" means a state or local governmental 11 agency, except for an agency of the judicial branch. 12 Sec. 45.48.090. Definitions. In AS 45.48.010 - 45.48.090, 13 (1) "breach of the security" means unauthorized acquisition, or 14 reasonable belief of unauthorized acquisition, of personal information that 15 compromises the security, confidentiality, or integrity of the personal information 16 maintained by the information collector; in this paragraph, "acquisition" includes 17 acquisition by 18 (A) photocopying, facsimile, or other paper-based method; 19 (B) a device, including a computer, that can read, write, or 20 store information that is represented in numerical form; or 21 (C) a method not identified by (A) or (B) of this paragraph; 22 (2) "information collector" means a person who owns or uses personal 23 information in any form if the personal information includes personal information on a 24 state resident; 25 (3) "information distributor" means a person who is an information 26 collector and who owns or licenses personal information to an information recipient; 27 (4) "information recipient" means a person who is an information 28 collector but who does not own or have the right to license to another information 29 collector the personal information received by the person from an information 30 distributor; 31 (5) "personal information" means information in any form on an

01 individual that is not encrypted or redacted, or is encrypted and the encryption key has 02 been accessed or acquired, and that consists of a combination of 03 (A) an individual's name, address, or telephone number; in this 04 subparagraph, "individual's name" means a combination of an individual's 05 (i) first name or first initial; and 06 (ii) last name; and 07 (B) one or more of the following information elements: 08 (i) the individual's social security number; 09 (ii) the individual's driver's license number or state 10 identification card number; 11 (iii) the individual's account number, credit card 12 account number, or debit card account number; 13 (iv) account passwords or personal identification 14 numbers or other access codes. 15 Article 2. Credit Report and Credit Score Security Freeze. 16 Sec. 45.48.100. Security freeze authorized. A consumer may prohibit a 17 consumer credit reporting agency from releasing all or a part of the consumer's credit 18 report or credit score without the express authorization of the consumer by placing a 19 security freeze on the consumer's credit report. 20 Sec. 45.48.110. Placement of security freeze. (a) To place a security freeze, a 21 consumer shall make the request to the consumer credit reporting agency 22 (1) by certified mail to the address designated by the consumer credit 23 reporting agency to receive security freeze requests; or 24 (2) as allowed by (b) of this section. 25 (b) A consumer may make a request under (a) of this section by telephone or 26 by fax, the Internet, or other electronic media if the consumer credit reporting agency 27 has developed procedures for using the telephone or an electronic medium to receive 28 and process the request in an expedited manner. 29 (c) A consumer credit reporting agency shall place a security freeze within 30 five business days after receiving a request under (a) or (b) of this section and proper 31 identification from the consumer.

01 Sec. 45.48.120. Confirmation of security freeze. (a) Within 10 business days 02 after a consumer makes the request under AS 45.48.110, a consumer credit reporting 03 agency shall send a written confirmation of the placement of the security freeze to the 04 consumer. 05 (b) At the same time that the consumer credit reporting agency sends a 06 confirmation under (a) of this section, the consumer credit reporting agency shall 07 provide the consumer with a unique personal identification number, password, or 08 similar device to be used by the consumer when the consumer authorizes the release of 09 the consumer's credit report or credit score under AS 45.48.130. 10 Sec. 45.48.130. Access and actions during security freeze. (a) While a 11 security freeze is in place, a consumer credit reporting agency shall allow a third party 12 access to a consumer's credit report or credit score if the consumer requests that the 13 consumer credit reporting agency allow the access. 14 (b) To make a request under (a) of this section, the consumer shall contact the 15 consumer credit reporting agency by certified mail to the address designated by the 16 consumer credit reporting agency to receive security freeze requests or as allowed by 17 (c) of this section, authorize the consumer credit reporting agency to allow the access, 18 and provide the consumer credit reporting agency with 19 (1) proper identification to verify the consumer's identity; 20 (2) the unique personal identification number, password, or similar 21 device provided under AS 45.48.120(b); and 22 (3) the proper information necessary to identify the third party to 23 whom the consumer credit reporting agency may allow the access or the time period 24 during which the consumer credit reporting agency may allow the access to third 25 parties who request the access. 26 (c) In addition to certified mail, a consumer may make a request under (a) of 27 this section by telephone or by fax, the Internet, or other electronic media if the 28 consumer credit reporting agency has developed procedures for using the telephone or 29 an electronic medium to receive and process the request in an expedited manner. 30 (d) A consumer credit reporting agency that receives a request from a 31 consumer under (b) or (c) of this section shall comply with the request immediately

01 after receiving the request by telephone or by an electronic medium or within three 02 business days after receiving the request by certified mail. 03 (e) If a security freeze is in place, a consumer credit reporting agency may not 04 release the credit report or credit score to a third party without the prior express 05 authorization of the consumer. 06 (f) If a security freeze is in place on a consumer's credit report and credit score 07 and if a third party applies to a consumer credit reporting agency to provide the third 08 party with access to the consumer's credit report or credit score, the consumer credit 09 reporting agency and, except as provided for insurers under (g) of this section, the 10 third party may treat the third party's application as incomplete unless the consumer 11 authorizes the access under (a) of this section. 12 (g) If an insurer requests access to a consumer report on which a security 13 freeze is in place, unless the consumer authorizes access under (a) of this section, the 14 insurer may, notwithstanding AS 21.36.460, 15 (1) treat the consumer's application as incomplete; 16 (2) decline the consumer's application if the consumer does not lift the 17 security freeze for the insurer after a request by the insurer or the insurer's agent; 18 (3) treat the consumer as if the consumer has a neutral credit rating; 19 (4) exclude the use of credit information as a factor and use only 20 underwriting criteria; or 21 (5) treat the consumer in a manner that is otherwise approved by the 22 division of insurance. 23 (h) If a security freeze is in place, a consumer credit reporting agency may not 24 change the consumer's official information in the credit report without sending a 25 written statement of the change to the consumer within 30 days after the change is 26 made. A consumer credit reporting agency is not required to send a written statement 27 if the consumer credit reporting agency makes a technical change in the consumer's 28 official information. If a consumer credit reporting agency makes a change, other than 29 a technical change, in a consumer's address, the consumer credit reporting agency 30 shall send the written statement to the consumer at both the new address and the 31 former address. In this subsection,

01 (1) "official information" means name, birth date, social security 02 number, and address; 03 (2) "technical change" means changing spelling, transposing numbers 04 or letters, abbreviating a word, or spelling out an abbreviation. 05 (i) This section is not intended to prevent a consumer credit reporting agency 06 from advising a third party that requests access to a consumer's credit report or credit 07 score that a security freeze is in effect. 08 (j) The procedures used by a consumer credit reporting agency for 09 implementing the provisions of this section may include the use of telephone, 10 facsimile, or electronic means if making the disclosure by the electronic means is 11 consistent with the provisions regarding electronic records and signatures required for 12 notices legally required to be in writing under 15 U.S.C. 7001 et seq. (Electronic 13 Signatures in Global and National Commerce Act), Internet, electronic mail, or 14 another electronic method. 15 Sec. 45.48.140. Removal of security freeze. (a) Except as provided by 16 AS 45.48.130, a consumer credit reporting agency may not remove a security freeze 17 unless 18 (1) the consumer requests that the consumer credit reporting agency 19 remove the security freeze under (b) of this section; or 20 (2) the consumer made a material misrepresentation of fact to the 21 consumer credit reporting agency when the consumer requested the security freeze 22 under AS 45.48.110; if a consumer credit reporting agency intends to remove a 23 security freeze on a consumer's credit report under this paragraph, the consumer credit 24 reporting agency shall notify the consumer in writing before removing the security 25 freeze. 26 (b) A consumer credit reporting agency shall remove a security freeze 27 immediately after receiving a request for removal from the consumer who requested 28 the security freeze. 29 (c) To make a request under (b) of this section, the consumer shall contact the 30 consumer credit reporting agency by certified mail or as allowed by (d) of this section, 31 authorize the consumer credit reporting agency to remove the security freeze, and

01 provide the consumer credit reporting agency with 02 (1) proper identification to verify the consumer's identity; and 03 (2) the unique personal identification number, password, or similar 04 device provided under AS 45.48.120(b). 05 (d) In addition to certified mail, a consumer may make a request under (b) of 06 this section by telephone or by fax, the Internet, or other electronic media if the 07 consumer credit reporting agency has developed procedures for using the telephone or 08 an electronic medium to receive and process the request in an expedited manner. 09 Sec. 45.48.150. Prohibition. When dealing with a third party, a consumer 10 credit reporting agency may not suggest, state, or imply that a consumer's security 11 freeze reflects a negative credit score, history, report, or rating. 12 Sec. 45.48.160. Charges. (a) Except as provided by (b) of this section, a 13 consumer credit reporting agency may not charge a consumer to place or remove a 14 security freeze, to provide access under AS 45.48.130, or to take any other action, 15 including the issuance of a personal identification number, password, or similar device 16 under AS 45.48.120, that is related to the placement of, removal of, or allowing access 17 to a credit report or credit score on which a security freeze has been placed. 18 (b) If a consumer fails to retain a personal identification number, password, or 19 similar device issued under AS 45.48.120, a consumer credit reporting agency may 20 charge the consumer up to $5 for each time after the first time that the consumer credit 21 reporting agency issues the consumer another personal identification number, 22 password, or similar device because the consumer failed to retain the personal 23 identification number, password, or similar device. 24 Sec. 45.48.170. Notice of rights. When a consumer credit reporting agency is 25 required to give a consumer a summary of rights under 15 U.S.C. 1681g (Fair Credit 26 Reporting Act), a consumer credit reporting agency shall also give the consumer the 27 following notice: 28 Consumers Have the Right to Obtain a Security Freeze 29 You may obtain a security freeze on your credit report and 30 credit score at no charge to protect your privacy and ensure that credit 31 is not granted in your name without your knowledge. You have a right

01 to place a "security freeze" on your credit report and credit score under 02 state law (AS 45.48.100 - 45.48.290). 03 The security freeze will prohibit a consumer credit reporting 04 agency from releasing your credit score and any information in your 05 credit report without your express authorization or approval. 06 The security freeze is designed to prevent credit, loans, and 07 other services from being approved in your name without your consent. 08 However, you should be aware that using a security freeze to take 09 control over who gets access to the personal and financial information 10 in your credit report and credit score may delay, interfere with, or 11 prohibit the timely approval of any subsequent request or application 12 you make regarding a new loan, credit, a mortgage, a governmental 13 service, a governmental payment, rental housing, employment, an 14 investment, a license, a cellular telephone, a utility, a digital signature, 15 an Internet credit card transaction, an extension of credit at point of 16 sale, and other items and services. 17 When you place a security freeze on your credit report and 18 credit score, within 10 business days you will be provided a personal 19 identification number, password, or similar device to use if you choose 20 to remove the freeze on your credit report and credit score or to 21 temporarily authorize the release of your credit report and credit score 22 to a specific third party or specific third parties or for a specific period 23 of time after the freeze is in place. To provide that authorization, you 24 must contact the consumer credit reporting agency and provide all of 25 the following: 26 (1) proper identification to verify your identity; 27 (2) the personal identification number, password, or 28 similar device provided by the consumer credit reporting agency; 29 (3) proper information necessary to identify the third 30 party or third parties who are authorized to receive the credit report and 31 credit score or the specific period of time for which the credit report

01 and credit score are to be available to third parties. 02 A consumer credit reporting agency that receives your request 03 to temporarily lift a freeze on a credit report and credit score is required 04 to comply with the request immediately after receiving your request if 05 you make the request by telephone, or an electronic method if the 06 agency provides an electronic method, or within three business days 07 after receiving your request if you make the request by certified mail. 08 A security freeze does not apply to circumstances where you 09 have an existing account relationship and a copy of your credit report 10 and credit score are requested by your existing creditor or its agents or 11 affiliates for certain types of account review, collection, fraud control, 12 or similar activities. 13 If you are actively seeking credit, you should understand that 14 the procedures involved in lifting a security freeze may slow your own 15 applications for credit. You should plan ahead and lift a freeze, either 16 completely if you are shopping around, or specifically for a certain 17 creditor, days before applying for new credit. 18 You have a right to bring a civil action against someone who 19 violates your rights under these laws on security freezes. The action can 20 be brought against a consumer credit reporting agency. 21 Sec. 45.48.180. Notification after violation. If a consumer credit reporting 22 agency violates a security freeze by releasing a consumer's credit report or credit 23 score, the consumer credit reporting agency shall notify the consumer within five 24 business days after the release, and the information in the notice must include an 25 identification of the information released and of the third party who received the 26 information. 27 Sec. 45.48.190. Violations and penalties. (a) A consumer who suffers 28 damages as a result of a person's violation of AS 45.48.100 - 45.48.290 may bring an 29 action in court against the person and recover, in the case of a violation where the 30 person acted 31 (1) negligently, actual damages, including loss of wages, and, when

01 applicable, damages for pain and suffering; 02 (2) knowingly, 03 (A) damages as described in (1) of this subsection; 04 (B) punitive damages that are not less than $100 nor more than 05 $5,000 for each violation as the court determines to be appropriate; and 06 (C) other relief that the court determines to be appropriate. 07 (b) A consumer may bring an action in court against a person for a violation or 08 threatened violation of AS 45.48.100 - 45.48.290 for injunctive relief, whether or 09 not the consumer seeks another remedy under this section. 10 (c) Notwithstanding (a)(2) of this section, a person who knowingly violates 11 AS 45.48.100 - 45.48.290 is liable in a class action for an amount that the court 12 allows. When determining the amount of an award in a class action under this 13 subsection, the court shall consider, among the relevant factors, the amount of any 14 actual damages awarded, the frequency of the violations, the resources of the violator, 15 and the number of consumers adversely affected. 16 (d) In this section, "knowingly" has the meaning given in AS 11.81.900. 17 Sec. 45.48.200. Exemptions. The provisions of AS 45.48.100 - 45.48.290 do 18 not apply to the use of a credit report by 19 (1) a person, the person's subsidiary, affiliate, or agent, or the person's 20 assignee with whom a consumer has or, before the assignment, had an account, 21 contract, or debtor-creditor relationship if the purpose of the use is to review the 22 consumer's account or to collect a financial obligation owing on the account, contract, 23 or debt; 24 (2) a subsidiary, an affiliate, an agent, an assignee, or a prospective 25 assignee of a person to whom access has been granted under AS 45.48.130 if the 26 purpose of the use is to facilitate the extension of credit or another permissible use; 27 (3) a person acting under a court order, warrant, or subpoena; 28 (4) an agency of a state or municipality that administers a program for 29 establishing and enforcing child support obligations; 30 (5) the Department of Health and Social Services, its agents, or its 31 assigns when investigating fraud;

01 (6) the Department of Revenue, its agents, or its assigns when 02 investigating or collecting delinquent taxes or unpaid court orders or when 03 implementing its other statutory responsibilities; 04 (7) a person if the purpose of the use is prescreening allowed under 15 05 U.S.C. 1681b(c) (Fair Credit Reporting Act); 06 (8) a person administering a credit file monitoring subscription service 07 to which the consumer has subscribed; 08 (9) a person providing a consumer with a copy of the consumer's credit 09 report or credit score at the consumer's request; 10 (10) a consumer credit reporting agency if the data base or file of the 11 consumer credit reporting agency consists entirely of information concerning and used 12 solely for one or more of the following purposes: 13 (A) criminal record information; 14 (B) personal loss history information; 15 (C) fraud prevention or detection; 16 (D) tenant screening; or 17 (E) employment screening; or 18 (11) a person who acts only as a reseller of consumer information by 19 assembling and merging information contained in the data bases of consumer credit 20 reporting agencies and does not maintain a permanent data base of consumer 21 information from which new consumer credit reports are produced. 22 Sec. 45.48.290. Definitions. In AS 45.48.100 - 45.48.290, 23 (1) "account review" means activities related to account maintenance, 24 account monitoring, credit line increases, and account upgrades and enhancements; 25 (2) "consumer" means an individual who is the subject of a credit 26 report or credit score; 27 (3) "consumer credit reporting agency" has the meaning given in 28 AS 45.48.990, but does not include a person who issues reports 29 (A) on incidents of fraud or authorizations for the purpose of 30 approving or processing negotiable instruments, electronic funds transfers, or 31 similar methods of payments; or

01 (B) regarding account closures because of fraud, substantial 02 overdrafts, automated teller machine abuse, or similar negative information 03 regarding a consumer to inquiring banks or other financial institutions for use 04 only in reviewing consumer requests for deposit accounts at the inquiring 05 banks or financial institutions; 06 (4) "security freeze" means a prohibition against a consumer credit 07 reporting agency from releasing all or a part of a consumer's credit report or credit 08 score without the express authorization of the consumer; 09 (5) "third party" means a person who is not 10 (A) the consumer who is the subject of the consumer's credit 11 report or credit score; or 12 (B) the consumer credit reporting agency that is holding the 13 consumer's credit report or credit score. 14 Article 3. Consumer Credit Monitoring; Credit Accuracy. 15 Sec. 45.48.300. Required disclosure. A consumer credit reporting agency 16 shall, if a consumer makes the request and the request is not covered by the free 17 disclosure provision of 15 U.S.C. 1681j(a) - (d) (Fair Credit Reporting Act), clearly 18 and accurately disclose to the consumer the information described under 19 AS 45.48.310. 20 Sec. 45.48.310. Information to be disclosed. (a) The following information 21 must be disclosed under AS 45.48.300: 22 (1) all information in the consumer's file when the consumer makes the 23 request, except that this paragraph may not be construed to require a consumer credit 24 reporting agency to disclose information concerning credit scores, risk scores, or other 25 predictors that are governed by 15 U.S.C. 1681g; 26 (2) the sources of the information described in (1) of this subsection; 27 (3) an identification of each person, including each end user identified 28 under 15 U.S.C. 1681e, who procured a report on the consumer 29 (A) for employment purposes during the two-year period that 30 precedes the date when the consumer's request is made; or 31 (B) for a purpose other than employment purposes during the

01 one-year period that precedes the date when the consumer's request is made; 02 (4) the dates, original payees, and amounts of any checks that 03 (A) provide the basis for an adverse characterization of the 04 consumer; and 05 (B) are included in the file when the disclosure is made or can 06 be inferred from the file; 07 (5) a record of all inquiries that were received by the consumer credit 08 reporting agency during the one-year period that precedes the request and that identify 09 the consumer in connection with a credit or insurance transaction that was not initiated 10 by the consumer; and 11 (6) a statement that the consumer may request and obtain a credit score 12 if the consumer requests the credit file and not the credit score. 13 (b) The information to be disclosed under (a)(3) of this section must include 14 (1) the name of the person or, if applicable, the full trade name under 15 which the person conducts business; and 16 (2) the address and telephone number of the person if requested by the 17 consumer. 18 (c) A consumer credit reporting agency is not required to disclose the 19 information described in (a)(3) of this section if 20 (1) the end user is an agency of the United States government and 21 procures the consumer's credit report from the consumer credit reporting agency to 22 determine the eligibility of the consumer to receive access or continued access to 23 classified information; in this paragraph, "classified information" has the meaning 24 given in 15 U.S.C. 1681b; and 25 (2) the individual who is in charge of the end user makes a written 26 finding as prescribed under 15 U.S.C. 1681b(b)(4)(A). 27 Sec. 45.48.320. Cost of disclosure. (a) A consumer credit reporting agency 28 may impose a reasonable charge on a consumer for making a disclosure under 29 AS 45.48.300. The charge may not exceed 30 (1) $2 for each of the first 12 requests from the consumer in a calendar 31 year;

01 (2) $8 for each request beyond the 12 requests covered by (1) of this 02 subsection in a calendar year. 03 (b) The consumer credit reporting agency shall disclose the charge to the 04 consumer before making the disclosure under AS 45.48.300. 05 Sec. 45.48.330. Form of disclosure. (a) A consumer may make a request 06 under AS 45.48.300 in writing, in person, by telephone if the consumer has made a 07 written request for the disclosure, by electronic means if the consumer credit reporting 08 agency offers electronic access for any other purpose, or by any other reasonable 09 means that is available from the consumer credit reporting agency. 10 (b) To make a request in person under (a) of this section, the consumer shall, 11 after reasonable notice to the consumer credit reporting agency, appear during normal 12 business hours at the consumer credit reporting agency's place of business where the 13 consumer credit reporting agency normally provides disclosures under AS 45.48.300. 14 Sec. 45.48.340. Timing of disclosure. A consumer credit reporting agency 15 shall provide a consumer with the disclosure under AS 45.48.300 within 16 (1) 24 hours after the date on which the request is made if the 17 disclosure is made by electronic means under AS 45.48.330(a); or 18 (2) five days after the date on which the request is made if the 19 disclosure is made in writing, in person, by telephone, or by any other reasonable 20 means that is available from the consumer credit reporting agency, except by 21 electronic means. 22 Sec. 45.48.350. Credit accuracy. (a) A person who does business in the state 23 by distributing information about an individual's credit history, score, or ranking shall, 24 when notified that the information that the person is distributing is inaccurate, 25 immediately stop distributing the information until the accuracy of the information can 26 be verified or the inaccuracies in the information corrected. 27 (b) If a person who does business in the state by distributing information about 28 an individual's credit history, score, or ranking releases information about an 29 individual that is inaccurate, the person shall, as quickly as possible after discovering 30 that inaccurate information is being distributed, 31 (1) repair, to the extent possible, the damage to the individual caused

01 by the release of the inaccurate information; and 02 (2) pay fair and reasonable compensation to the individual for the 03 damage caused to the individual by the release of the inaccurate information. 04 (c) If a person fails to comply with (b) of this section, an individual may bring 05 an action in court to compel the person to comply with (b) of this section. 06 (d) In this section, "does business in the state" means engages in activities that 07 provide at least the minimum contacts required by substantive due process for the state 08 to exercise jurisdiction over the person who is engaging in the activities. 09 Article 4. Protection of Social Security Number. 10 Sec. 45.48.400. Use of social security number. A person may not 11 (1) intentionally communicate or otherwise make available to the 12 general public an individual's social security number; 13 (2) print an individual's social security number on a card required for 14 the individual to access products or services provided by the person; 15 (3) require an individual to transmit the individual's social security 16 number over the Internet unless the Internet connection is secure or the social security 17 number is encrypted; 18 (4) require an individual to use the individual's social security number 19 to access an Internet site unless a password, a unique personal identification number, 20 or another authentication device is also required to access the site; or 21 (5) print an individual's social security number on material that is 22 mailed to the individual unless 23 (A) local, state, or federal law, including a regulation adopted 24 under AS 45.48.470, expressly authorizes placement of the social security 25 number on the material; or 26 (B) the social security number is included on an application or 27 other form, including a document sent as a part of an application process or an 28 enrollment process, sent by mail to establish, amend, or terminate an account, a 29 contract, or a policy, or to confirm the accuracy of the social security number; 30 however, a social security number allowed to be mailed under this 31 subparagraph may not be printed, in whole or in part, on a postcard or other

01 mailer that does not require an envelope, or in a manner that makes the social 02 security number visible on the envelope or without the envelope's being 03 opened. 04 Sec. 45.48.410. Request and collection. (a) A person who does business in the 05 state, including the business of government, may not request or collect an individual's 06 social security number. This subsection does not prohibit a person from asking for 07 another form of identification from the individual. 08 (b) The prohibition in (a) of this section does not apply 09 (1) if the person is expressly authorized by local, state, or federal law, 10 including a regulation adopted under AS 45.48.470, to demand proof of the 11 individual's social security number, to collect the individual's social security number, 12 or to submit the individual's social security number to the local, state, or federal 13 government; 14 (2) to a financial institution that is regulated by 15 U.S.C. 6801 - 6827 15 (Gramm-Leach-Bliley Financial Modernization Act) if the financial institution 16 requests or collects the individual's social security number to facilitate a transaction of 17 the individual; 18 (3) to a communication to or from a consumer reporting agency; in this 19 paragraph, "consumer reporting agency" has the meaning given in 15 U.S.C. 1681a 20 (Fair Credit Reporting Act); or 21 (4) if the request or collection is for a background check on the 22 individual, law enforcement purposes, or the individual's employment, including 23 employment benefits. 24 Sec. 45.48.420. Sale, lease, loan, trade, or rental. (a) A person may not sell, 25 lease, loan, trade, or rent an individual's social security number to a third party. 26 (b) The prohibition in (a) of this section does not apply if the sale, lease, loan, 27 trade, or rental is 28 (1) expressly authorized by local, state, or federal law, including a 29 regulation adopted under AS 45.48.470; 30 (2) part of a report prepared by a consumer credit reporting agency in 31 response to a request by a person and the person submits the social security number as

01 part of the request to the consumer credit reporting agency for the preparation of the 02 report. 03 Sec. 45.48.430. Disclosure. (a) A person doing business, including the 04 business of government, may not disclose an individual's social security number to a 05 third party. 06 (b) The prohibition in (a) of this section does not apply if 07 (1) the disclosure is expressly authorized by local, state, or federal law, 08 including a regulation adopted under AS 45.48.470; 09 (2) the third party is a financial institution that is regulated by 15 10 U.S.C. 6801 - 6827 (Gramm-Leach-Bliley Financial Modernization Act), and the 11 disclosure is to facilitate a transaction of the individual; 12 (3) the disclosure is part of a report prepared by a consumer credit 13 reporting agency in response to a request by a person and the person submits the social 14 security number as part of the request to the consumer credit reporting agency for the 15 preparation of the report; or 16 (4) the disclosure is for a background check on the individual, law 17 enforcement purposes, or the individual's employment, including employment 18 benefits. 19 Sec. 45.48.440. Interagency disclosure. Notwithstanding the other provisions 20 of AS 45.48.400 - 45.48.480, a state or local governmental agency may disclose an 21 individual's social security number to another state or local governmental agency or to 22 an agency of the federal government if the disclosure is required in order for the 23 agency to carry out the agency's duties and responsibilities. 24 Sec. 45.48.450. Exception for employees, agents, and independent 25 contractors. (a) Notwithstanding the other provisions of AS 45.48.400 - 45.48.480, a 26 person may disclose an individual's social security number to an employee or agent of 27 the person for a legitimate purpose established by and as directed by the person, but 28 the employee or agent may not use the social security number for another purpose or 29 make an unauthorized disclosure of the individual's personal information. 30 (b) Notwithstanding the other provisions of AS 45.48.400 - 45.48.480, and 31 except as provided for an agent under (a) of this section, a person may disclose an

01 individual's social security number to an independent contractor of the person to 02 facilitate the purpose or transaction for which the individual initially provided the 03 social security number to the person, but the independent contractor may not use the 04 social security number for another purpose or make an unauthorized disclosure of the 05 individual's personal information. 06 Sec. 45.48.460. Employment-related exception. The provisions of 07 AS 45.48.400 - 45.48.480 may not be construed to restrict a person's use or exchange 08 of an individual's social security number 09 (1) in the course of the administration of a claim, benefit, or procedure 10 related to the individual's employment by the person, including the individual's 11 termination from employment, retirement from employment, and injury suffered 12 during the course of employment; or 13 (2) to check on an unemployment insurance claim of the individual. 14 Sec. 45.48.470. Agency regulations. If regulations are necessary in order for a 15 state agency to carry out the state agency's duties and responsibilities, a state agency 16 may adopt regulations under AS 44.62 (Administrative Procedure Act) to establish 17 when the state agency or a person regulated by the state agency may 18 (1) print an individual's social security number on material that is 19 mailed to the individual; 20 (2) demand proof from an individual of the individual's social security 21 number, collect from an individual the individual's social security number, or submit 22 an individual's social security number to a local, state, or federal agency; 23 (3) ask an individual to provide the state agency with the individual's 24 social security number; 25 (4) disclose an individual's social security number to a third party; 26 (5) sell, lease, loan, trade, or rent an individual's social security number 27 to a third party. 28 Sec. 45.48.480. Penalties. (a) A person who knowingly violates AS 45.48.400 29 - 45.48.430 is liable to the state for a civil penalty not to exceed $3,000. 30 (b) An individual may bring a civil action in court against a person who 31 knowingly violates AS 45.48.400 - 45.48.430 and may recover actual damages or

01 $5,000, whichever amount is greater, and court costs and attorney fees allowed by the 02 rules of court. 03 (c) A person who knowingly violates AS 45.48.400 - 45.48.430 is guilty of a 04 class A misdemeanor. 05 (d) In this section, "knowingly" has the meaning given in AS 11.81.900. 06 Article 5. Disposal of Records. 07 Sec. 45.48.500. Disposal of records. (a) When disposing of records that 08 contain personal information, a business and a governmental agency shall take all 09 reasonable measures necessary to protect against unauthorized access to or use of the 10 records. 11 (b) Notwithstanding (a) of this section, if a business or governmental agency 12 has otherwise complied with the provisions of AS 45.48.500 - 45.48.590 in the 13 selection of a third party engaged in the business of record destruction, the business or 14 governmental agency is not liable for the disposal of records under AS 45.48.500 - 15 45.48.590 after the business or governmental agency has relinquished control of the 16 records to the third party for the destruction of the records. 17 (c) A business or governmental agency is not liable for the disposal of records 18 under AS 45.48.500 - 45.48.590 after the business or governmental agency has 19 relinquished control of the records to the individual to whom the records pertain. 20 Sec. 45.48.510. Measures to protect access. The measures that may be taken 21 to comply with AS 45.48.500 include 22 (1) implementing and monitoring compliance with policies and 23 procedures that require the burning, pulverizing, or shredding of paper documents 24 containing personal information so that the personal information cannot practicably be 25 read or reconstructed; 26 (2) implementing and monitoring compliance with policies and 27 procedures that require the destruction or erasure of electronic media and other 28 nonpaper media containing personal information so that the personal information 29 cannot practicably be read or reconstructed; 30 (3) after due diligence, entering into a written contract with a third 31 party engaged in the business of record destruction to dispose of records containing

01 personal information in a manner consistent with AS 45.48.500 - 45.48.590. 02 Sec. 45.48.520. Due diligence. In AS 45.48.510(3), due diligence ordinarily 03 includes performing one or more of the following: 04 (1) reviewing an independent audit of the third party's operations and 05 its compliance with AS 45.48.500 - 45.48.590; 06 (2) obtaining information about the third party from several references 07 or other reliable sources and requiring that the third party be certified by a recognized 08 trade association or similar organization with a reputation for high standards of quality 09 review; or 10 (3) reviewing and evaluating the third party's information security 11 policies and procedures, or taking other appropriate measures to determine the 12 competency and integrity of the third party. 13 Sec. 45.48.530. Policy and procedures. A business or governmental agency 14 shall adopt written policies and procedures that relate to the adequate destruction and 15 proper disposal of records containing personal information and that are consistent with 16 AS 45.48.500 - 45.48.590. 17 Sec. 45.48.540. Exemptions. (a) A business or a governmental agency is not 18 required to comply with AS 45.48.500 - 45.48.530 if federal law requires that the 19 business or governmental agency act in a way that does not comply with AS 45.48.500 20 - 45.48.530. 21 (b) A business is not required to comply with AS 45.48.500 - 45.48.530 if 22 (1) the business is subject to and in compliance with 15 U.S.C. 6801 - 23 6827 (Gramm-Leach-Bliley Financial Modernization Act); or 24 (2) the manner of the disposal of the records of the business is subject 25 to 15 U.S.C. 1681w (Fair Credit Reporting Act) and the business is complying with 15 26 U.S.C. 1861w. 27 Sec. 45.48.550. Civil penalty. (a) An individual, a business, or a governmental 28 agency that knowingly violates AS 45.48.500 - 45.48.590 is liable to the state for a 29 civil penalty not to exceed $3,000. 30 (b) In this section, "knowingly" has the meaning given in AS 11.81.900. 31 Sec. 45.48.560. Court action. An individual who is damaged by a violation of

01 AS 45.48.500 - 45.48.590 may bring a civil action in court to enjoin further violations 02 and to recover damages for the violation and court costs and attorney fees allowed by 03 the rules of court. 04 Sec. 45.48.590. Definitions. In AS 45.48.500 - 45.48.590, 05 (1) "business" means a person who conducts business in the state or a 06 person who conducts business and maintains or otherwise possesses personal 07 information on state residents; in this paragraph, 08 (A) "conducts business" includes engaging in activities as a 09 financial institution organized, chartered, or holding a license or authorization 10 certificate under the laws of this state, another state, the United States, or 11 another country; 12 (B) "possesses" includes possession for the purpose of 13 destruction; 14 (2) "dispose" means 15 (A) the discarding or abandonment of records containing 16 personal information; 17 (B) the sale, donation, discarding, or transfer of 18 (i) any medium, including computer equipment or 19 computer media, that contains records of personal information; 20 (ii) nonpaper media, other than that identified under (i) 21 of this subparagraph, on which records of personal information are 22 stored; and 23 (iii) equipment for nonpaper storage of information; 24 (3) "governmental agency" means a state or local governmental 25 agency, except for an agency of the judicial branch; 26 (4) "personal information" means information that identifies, relates to, 27 describes, or is capable of being associated with a particular individual, and includes a 28 name, signature, social security number, fingerprint, photograph, computerized image, 29 physical characteristic, physical description, address, telephone number, passport 30 number, driver's license, state identification number, date of birth, medical 31 information, bank account number, credit card number, debit card number, and

01 financial information; 02 (5) "records" means material on which information that is written, 03 drawn, spoken, visual, or electromagnetic is recorded or preserved, regardless of 04 physical form or characteristics, but does not include publicly available directories 05 containing names, addresses, telephone numbers, or other information an individual 06 has voluntarily consented to have publicly disseminated or listed. 07 Article 6. Factual Declaration of Innocence after Identity Theft; Right to File Police 08 Report Regarding Identity Theft. 09 Sec. 45.48.600. Factual declaration of innocence after identity theft. (a) A 10 victim of identity theft may petition the superior court for a determination that the 11 victim is factually innocent of a crime if 12 (1) the perpetrator of the identity theft was arrested for, cited for, or 13 convicted of the crime using the victim's identity; 14 (2) a criminal complaint was filed against the perpetrator of the 15 identity theft; 16 (3) the victim's identity was mistakenly associated with a record of a 17 conviction for a crime. 18 (b) In addition to a petition by a victim under (a) of this section, the 19 department may petition the superior court for a determination under (a) of this 20 section, or the superior court may, on its own motion, make a determination under (a) 21 of this section. 22 Sec. 45.48.610. Basis for determination. A determination of factual 23 innocence under AS 45.48.600 may be heard and made on declarations, affidavits, 24 police reports, or other material, relevant, and reliable information submitted by the 25 parties or ordered to be made a part of the record by the court. 26 Sec. 45.48.620. Criteria for determination; court order. (a) A court shall 27 determine that a victim is factually innocent of a crime if the court finds that the 28 petition or motion brought under AS 45.48.600 is meritorious and that 29 (1) there is not a reasonable cause to believe that the victim of the 30 identity theft committed the crime for which the perpetrator of the identity theft was 31 arrested, cited, or convicted, or was subject to a criminal complaint in the victim's

01 name; or 02 (2) the victim's identity was mistakenly associated with a record of a 03 conviction of a crime. 04 (b) If a court finds under this section that the victim is factually innocent of a 05 crime, the court shall issue an order indicating this determination of factual innocence 06 and shall provide the victim with a copy of the order. 07 Sec. 45.48.630. Orders regarding records. After a court issues an order under 08 AS 45.48.620, the court may order the name and associated personal information of 09 the victim of identity theft that is contained in the files, indexes, and other records of 10 the court that are accessible by the public deleted, sealed, or labeled to show that the 11 name and personal information of the victim of identity theft is incorrect. 12 Sec. 45.48.640. Vacation of determination. A court that has issued an order 13 under AS 45.48.620 may, at any time, vacate the order if the petition, or any 14 information submitted in support of the petition, is found to contain a material 15 misrepresentation or fraudulent material. 16 Sec. 45.48.650. Court form. The supreme court of the state may develop a 17 form to be used for the order under AS 45.48.620. 18 Sec. 45.48.660. Data base. The department may establish and maintain a data 19 base of individuals who have been victims of identity theft and who have received an 20 order under AS 45.48.620. The department shall provide a victim or the victim's 21 authorized representative access to a data base established under this section to 22 establish that the individual has been a victim of identity theft. Access to the a data 23 base established under this section is limited to criminal justice agencies, victims of 24 identity theft, and individuals and agencies authorized by the victims. 25 Sec. 45.48.670. Toll-free telephone number. The department may establish 26 and maintain a toll-free telephone number to provide access to information in a data 27 base established under AS 45.48.660. 28 Sec. 45.48.680. Right to file police report regarding identity theft. (a) Even 29 if the local law enforcement agency does not have jurisdiction over the theft of an 30 individual's identity, if an individual who has learned or reasonably suspects the 31 individual has been the victim of identity theft contacts, for the purpose of filing a

01 complaint, a local law enforcement agency that has jurisdiction over the individual's 02 actual place of residence, the local law enforcement agency shall make a report of the 03 matter and provide the individual with a copy of the report. The local law enforcement 04 agency may refer the matter to a law enforcement agency in a different jurisdiction. 05 (b) This section is not intended to interfere with the discretion of a local law 06 enforcement agency to allocate its resources to the investigation of crime. A local law 07 enforcement agency is not required to count a complaint filed under (a) of this section 08 as an open case for purposes that include compiling statistics on its open cases. 09 Sec. 45.48.690. Definitions. In AS 45.48.600 - 45.48.690, 10 (1) "crime" has the meaning given in AS 11.81.900; 11 (2) "department" means the Department of Law; 12 (3) "identity theft" means the theft of the identity of an individual; 13 (4) "perpetrator" means the person who perpetrated the theft of an 14 individual's identity; 15 (5) "victim" means an individual who is the victim of identity theft. 16 Article 7. Consumer Credit Header Information. 17 Sec. 45.48.700. Consumer credit header information. (a) A consumer credit 18 reporting agency may not furnish by a written, an oral, or another method of 19 communication a consumer's credit header information to a person unless 20 (1) the person has a permissible purpose under 15 U.S.C. 1681b (Fair 21 Credit Protection Act) to obtain the consumer's credit report; or 22 (2) the disclosure is part of a report prepared by the consumer credit 23 reporting agency in response to a request by a person and the person submits the social 24 security number as part of the request to the consumer credit reporting agency for the 25 preparation of the report. 26 (b) In this section, "credit header information" means the social security 27 number of a consumer, or a derivative of the social security number, the maiden name 28 of the mother of the consumer, the birth date of the consumer, and other personally 29 identifiable information of a consumer that is derived from nonpublic personal 30 information, except the name, address, and telephone number of the consumer listed in 31 a residential telephone directory available in the locality of the consumer.

01 Article 8. Truncation of Card Information. 02 Sec. 45.48.750. Truncation of card information. (a) A person who accepts 03 credit cards or debit cards for the transaction of business may not print more than the 04 last five digits of the card number or the expiration date on any receipt provided to the 05 cardholder at the point of the sale or transaction. 06 (b) This section applies only to receipts that are electronically printed and does 07 not apply to transactions in which the sole means of recording a credit card or debit 08 card account number is by handwriting or by an imprint or copy of the card. 09 (c) An individual may bring a civil action in court against a person who 10 knowingly violates this section and may recover actual damages or $5,000, whichever 11 is greater, and court costs and attorney fees allowed by the rules of court. 12 (d) A person who knowingly violates this section is liable to the state for a 13 civil penalty not to exceed $3,000. 14 (e) A person who knowingly violates this section is guilty of a class A 15 misdemeanor. 16 (f) In this section, 17 (1) "credit" means the right granted by a creditor to a debtor to defer 18 payment of debt, to incur debts and defer payment of the debt, or to purchase property 19 or services and defer payment of the purchase;in this paragraph, "creditor" means a 20 person who regularly extends, renews, or continues credit, a person who regularly 21 arranges for the extension, renewal, or continuation of credit, or an assignee of an 22 original creditor who participates in the decision to extend, renew, or continue credit; 23 (2) "credit card" means a card, plate, coupon book, or other credit 24 device existing for the purpose of obtaining money, property, labor, or services on 25 credit; 26 (3) "debit card" means a card issued by a financial institution to a 27 consumer for use in initiating an electronic fund transfer from the account of the 28 consumer at the financial institution for the purpose of transferring money between 29 accounts or obtaining money, property, labor, or services; 30 (4) "knowingly" has the meaning given in AS 11.81.900. 31 Article 9. General Provisions.

01 Sec. 45.48.990. Definitions. In this chapter, unless the context indicates 02 otherwise, 03 (1) "consumer" means an individual; 04 (2) "consumer credit reporting agency" means a person who, for 05 monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or 06 in part in the practice of assembling or evaluating consumer credit information or 07 other information on consumers for the purpose of furnishing credit reports to third 08 parties; 09 (3) "credit report" means a written, oral, or other communication of 10 information by a consumer credit reporting agency bearing on a consumer's credit 11 worthiness, credit standing, credit capacity, character, general reputation, personal 12 characteristics, or mode of living if the communication is used or expected to be used 13 or collected in whole or in part to serve as a factor in establishing the consumer's 14 eligibility for 15 (A) credit or insurance to be used primarily for personal, 16 family, or household purposes; 17 (B) employment purposes; or 18 (C) any other permissible purpose authorized under section 15 19 U.S.C. 1681b; 20 (4) "information system" means any information system, including a 21 system consisting of digital data bases and a system consisting of pieces of paper; 22 (5) "person" has the meaning given in AS 01.10.060 and includes a 23 state or local governmental agency, except for an agency of the judicial branch; 24 (6) "state resident" means an individual who satisfies the residency 25 requirements under AS 01.10.055. 26 Sec. 45.48.995. Short title. This chapter may be cited as the Alaska Personal 27 Information Protection Act. 28 * Sec. 4. AS 45.50.471(b) is amended by adding a new paragraph to read: 29 (52) an information collector, other than a governmental agency, 30 violating AS 45.48.010 - 45.48.090 (breach of security involving personal 31 information); in this paragraph,

01 (A) "governmental agency" has the meaning given in 02 AS 45.48.080; 03 (B) "information collector" has the meaning given in 04 AS 45.48.090. 05 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 INDIRECT COURT RULE AMENDMENT. AS 45.48.640, enacted by sec. 3 of this 08 Act, has the effect of changing Rule 60(b), Alaska Rules of Civil Procedure, by allowing a 09 court to vacate an order on its own motion and at any time and by establishing a specific 10 criterion for vacating the order under AS 45.48.640. 11 * Sec. 6. AS 45.48.470, enacted by sec. 3 of this Act, takes effect immediately under 12 AS 01.10.070(c).