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.