00                      CS FOR SENATE BILL NO. 224(JUD)                                                                   
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       advocate who represents the employee on behalf of an organization in connection with                              
09       an employee disciplinary proceeding are privileged as provided under AS 23.40.065.                                
10       In this section, "advocate," "organization," and "proceeding" have the meanings given                             
11       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 advocate may not be compelled in a proceeding to                                 

01       disclose information the advocate acquired from an employee while the advocate                                    
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 advocate's providing advocacy services to                                   
06       the employee that are related to disciplinary proceedings.                                                        
07            (b)  Nothing in (a) of this section prohibits an advocate from disclosing                                    
08       information                                                                                                       
09                 (1)  that an advocate receives from an employee to whom the advocate                                    
10       provides advocacy services, on behalf of an organization, if the advocate's services                              
11       were sought, obtained, or used to enable or aid the employee in committing or                                     
12       planning to commit acts or omissions that the employee knew or reasonably should                                  
13       have known constitute fraud or a crime;                                                                           
14                 (2)  in a proceeding concerning an alleged breach of either the                                         
15       organization's legal duty to the employee or the employee's legal duty to the                                     
16       organization;                                                                                                     
17                 (3)  to prevent physical injury or death in a workplace;                                                
18                 (4)  as required by the superior court following a hearing in camera;                                   
19                 (5)  when, after being fully informed regarding the nature and extent of                                
20       the privilege under this section, the employee waives the privilege; or                                           
21                 (6)  after the employee's death, on written consent by the employee's                                   
22       personal representative.                                                                                          
23            (c)  If a provision of this section is preempted by federal law or is in conflict                            
24       with a federal or state law in a particular situation, the provision does not apply to the                        
25       extent of the preemption or conflict.                                                                             
26            (d)  In this section,                                                                                        
27                 (1)  "advocate" means an individual who represents an employee on                                       
28       behalf of an organization in connection with a proceeding that is related to employee                             
29       discipline;                                                                                                       
30                 (2)  "organization" means a labor or employee organization of any kind                                  
31       in which employees participate and which exists for the primary purpose of dealing                                

01       with employers concerning grievances, labor disputes, wages, rates of pay, hours of                               
02       employment, and conditions of employment;                                                                         
03                 (3)  "proceeding" means                                                                                 
04                      (A)  a proceeding heard before a legislative, judicial,                                            
05            administrative, or other governmental body or official authorized to hear                                    
06            evidence under oath; or                                                                                      
07                      (B)  an arbitration, hearing, or meeting that is part of a                                         
08            grievance procedure conducted under a collective bargaining agreement.                                       
09    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11       INDIRECT COURT RULE CHANGE. AS 09.25.405, enacted by sec. 1 of this Act,                                          
12 and AS 23.40.065, enacted by sec. 2 of this Act, have the effect of amending Rules 402 and                              
13 501, Alaska Rules of Evidence, by creating a new privilege preventing a person from being                               
14 compelled to testify or produce evidence in a court and precluding admissibility of certain                             
15 evidence in certain cases.                                                                                              
16    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18       CONDITIONAL EFFECT. AS 09.25.405, enacted by sec. 1 of this Act, and                                              
19 AS 23.40.065, enacted by sec. 2 of this Act, take effect only if sec. 3 of this Act receives the                        
20 two-thirds majority vote of each house required by art. IV, sec. 15, Constitution of the State of                       
21 Alaska.