HB 189: "An Act relating to the Alaska Gasline Development Corporation and creating an exception to the public records statute for information provided to the Alaska Gasline Development Corporation; amending the composition of the Joint In-State Gasline Development Team; and providing for an effective date."
00 HOUSE BILL NO. 189 01 "An Act relating to the Alaska Gasline Development Corporation and creating an 02 exception to the public records statute for information provided to the Alaska Gasline 03 Development Corporation; amending the composition of the Joint In-State Gasline 04 Development Team; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 38.34.030(a) is amended to read: 07 (a) The Joint In-State Gasline Development Team is established in the Alaska 08 Gasline Development Corporation, a subsidiary of the Alaska Housing Finance 09 Corporation, created under AS 18.56.086. The development team consists of four 10 [FIVE] members as follows: 11 (1) the commissioner of transportation and public facilities, or the 12 commissioner's designee; 13 (2) the chair of the board of directors of the Alaska Railroad 14 Corporation or the chair's designee;
01 (3) [THE CHIEF EXECUTIVE OFFICER OF THE ALASKA 02 NATURAL GAS DEVELOPMENT AUTHORITY; 03 (4)] the in-state gasline project coordinator; and 04 (4) [(5)] the executive director of the Alaska Housing Finance 05 Corporation. 06 * Sec. 2. AS 38.34.050 is amended by adding a new subsection to read: 07 (e) The Alaska Gasline Development Corporation may enter into a 08 confidentiality agreement necessary to acquire information to carry out its functions. 09 Information acquired under a confidentiality agreement is not subject to disclosure 10 under AS 40.25.110. The Alaska Gasline Development Corporation may enter into 11 confidentiality agreements with a public agency, as defined in AS 40.25.220, to allow 12 release of information protected by a confidentiality agreement to that public agency. 13 The portions of the records and files of a public agency bound by a confidentiality 14 agreement that reflect, incorporate, or analyze information subject to a confidentiality 15 agreement under this subsection are not public records. Confidentiality agreements 16 entered into under this subsection are valid and binding against all parties in 17 accordance with the terms of the confidentiality agreement. 18 * Sec. 3. AS 40.25.120(a) is amended to read: 19 (a) Every person has a right to inspect a public record in the state, including 20 public records in recorders' offices, except 21 (1) records of vital statistics and adoption proceedings, which shall be 22 treated in the manner required by AS 18.50; 23 (2) records pertaining to juveniles unless disclosure is authorized by 24 law; 25 (3) medical and related public health records; 26 (4) records required to be kept confidential by a federal law or 27 regulation or by state law; 28 (5) to the extent the records are required to be kept confidential under 29 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 30 or retain federal assistance; 31 (6) records or information compiled for law enforcement purposes, but
01 only to the extent that the production of the law enforcement records or information 02 (A) could reasonably be expected to interfere with enforcement 03 proceedings; 04 (B) would deprive a person of a right to a fair trial or an 05 impartial adjudication; 06 (C) could reasonably be expected to constitute an unwarranted 07 invasion of the personal privacy of a suspect, defendant, victim, or witness; 08 (D) could reasonably be expected to disclose the identity of a 09 confidential source; 10 (E) would disclose confidential techniques and procedures for 11 law enforcement investigations or prosecutions; 12 (F) would disclose guidelines for law enforcement 13 investigations or prosecutions if the disclosure could reasonably be expected to 14 risk circumvention of the law; or 15 (G) could reasonably be expected to endanger the life or 16 physical safety of an individual; 17 (7) names, addresses, and other information identifying a person as a 18 participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the 19 advance college tuition savings program under AS 14.40.803 - 14.40.817; 20 (8) public records containing information that would disclose or might 21 lead to the disclosure of a component in the process used to execute or adopt an 22 electronic signature if the disclosure would or might cause the electronic signature to 23 cease being under the sole control of the person using it; 24 (9) reports submitted under AS 05.25.030 concerning certain 25 collisions, accidents, or other casualties involving boats; 26 (10) records or information pertaining to a plan, program, or 27 procedures for establishing, maintaining, or restoring security in the state, or to a 28 detailed description or evaluation of systems, facilities, or infrastructure in the state, 29 but only to the extent that the production of the records or information 30 (A) could reasonably be expected to interfere with the 31 implementation or enforcement of the security plan, program, or procedures;
01 (B) would disclose confidential guidelines for investigations or 02 enforcement and the disclosure could reasonably be expected to risk 03 circumvention of the law; or 04 (C) could reasonably be expected to endanger the life or 05 physical safety of an individual or to present a real and substantial risk to the 06 public health and welfare; 07 (11) the written notification regarding a proposed regulation provided 08 under AS 24.20.105 to the Department of Law and the affected state agency and 09 communications between the Legislative Affairs Agency, the Department of Law, and 10 the affected state agency under AS 24.20.105; 11 (12) records that are 12 (A) proprietary, privileged, or a trade secret in accordance with 13 AS 43.90.150 or 43.90.220(e); 14 (B) applications that are received under AS 43.90 until notice is 15 published under AS 43.90.160; 16 (13) information that is covered by a confidentiality agreement 17 between the Alaska Gasline Development Corporation created under 18 AS 18.56.086 and the provider of the information. 19 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).