SB 224: "An Act making privileged certain communications between employees and employee union representatives; and amending Rule 402 and Rule 501, Alaska Rules of Evidence."
00 SENATE BILL NO. 224 01 "An Act making privileged certain communications between employees and employee 02 union representatives; and amending Rule 402 and Rule 501, Alaska Rules of 03 Evidence." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 09.25 is amended by adding a new section to article 3 to read: 06 Sec. 09.25.405. Privileged communication between employees and 07 employee advocates. Confidential communications between an employee and an 08 individual who represents the employee on behalf of an organization in connection 09 with the individual's providing advocacy services to the employee that are related to 10 anticipated or ongoing disciplinary proceedings are privileged as provided under 11 AS 23.40.065. In this section, "organization" has the meaning given in AS 23.40.065. 12 * Sec. 2. AS 23.40 is amended by adding a new section to article 1 to read: 13 Sec. 23.40.065. Privileged communication between employees and 14 employee organizations. (a) An individual may not be compelled in a proceeding to
01 disclose information the individual acquired from an employee while the individual 02 represented the employee on behalf of an organization, if the information was 03 communicated 04 (1) in confidence; and 05 (2) in connection with the individual's providing advocacy services to 06 the employee that are related to anticipated or ongoing disciplinary proceedings. 07 (b) Nothing in (a) of this section prohibits a person from disclosing 08 information 09 (1) to prevent a crime that would cause serious physical injury or death 10 or create a risk of imminent serious physical injury or death; 11 (2) in a civil or criminal proceeding against the organization; 12 (3) as required by the superior court following a hearing in camera; 13 (4) when, after being fully informed regarding the nature and extent of 14 the privilege under this section, the employee waives the privilege in writing; or 15 (5) after the employee's death, on written consent by the employee's 16 personal representative. 17 (c) If a provision of this section is preempted by federal law or is in conflict 18 with a federal or state law in a particular situation, the provision does not apply to the 19 extent of the preemption or conflict. 20 (d) In this section, 21 (1) "organization" means a labor or employee organization of any kind 22 in which employees participate and which exists for the primary purpose of dealing 23 with employers concerning grievances, labor disputes, wages, rates of pay, hours of 24 employment, and conditions of employment; 25 (2) "proceeding" means 26 (A) a proceeding heard before a legislative, judicial, 27 administrative, or other governmental body or official authorized to hear 28 evidence under oath; or 29 (B) an arbitration, hearing, or meeting that is part of a 30 grievance procedure conducted under a collective bargaining agreement. 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 INDIRECT COURT RULE CHANGE. AS 09.25.405, enacted by sec. 1 of this Act, 03 and AS 23.40.065, enacted by sec. 2 of this Act, have the effect of amending Rules 402 and 04 501, Alaska Rules of Evidence, by creating a new privilege preventing a person from being 05 compelled to testify or produce evidence in a court and precluding admissibility of certain 06 evidence in certain cases. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 CONDITIONAL EFFECT. AS 09.25.405, enacted by sec. 1 of this Act, and 10 AS 23.40.065, enacted by sec. 2 of this Act, take effect only if sec. 3 of this Act receives the 11 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of 12 Alaska.