HB 195: "An Act relating to official action by electronic mail and to public records."
00 HOUSE BILL NO. 195 01 "An Act relating to official action by electronic mail and to public records." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 39.52 is amended by adding a new section to read: 04 Sec. 39.52.135. State electronic mail delivery systems required for official 05 action by electronic mail. (a) When taking or withholding official action, a public 06 officer may not send or cause another to send information by electronic transmission 07 within a system for electronic mail delivery unless the system is operated and 08 maintained by the state. 09 (b) An electronic transmission under (a) of this section is a public record 10 under AS 40.25. 11 (c) In this section, 12 (1) "electronic transmission" means any form of communication, not 13 directly involving the physical transmission of paper, that creates a record that can be 14 retained, retrieved, and reviewed by a recipient of the communication and that can be 15 reproduced in paper form through an automated process;
01 (2) "recipient" means the state and any other person the sender 02 intended to receive the electronic transmission. 03 * Sec. 2. AS 40.25.110 is amended by adding a new subsection to read: 04 (j) Notwithstanding (b) and (c) of this section, 05 (1) the fee for copying public records may not exceed $100 or the 06 standard unit cost of duplication established by the public agency, whichever is less, if 07 the requester is 08 (A) a natural person requesting the records for personal use; or 09 (B) a representative of a newspaper, magazine, or television or 10 radio broadcasting station or network of stations who provides proper 11 identification; 12 (2) the public agency shall waive collection of the fee when disclosure 13 of the record occurs more than 20 days after the date the request is received. 14 * Sec. 3. AS 40.25.115(c) is amended to read: 15 (c) Notwithstanding (b) of this section, 16 (1) the fee for duplicating a public record in the electronic form kept 17 by a public agency 18 (A) may not exceed the actual incremental costs of the public 19 agency; and 20 (B) may not exceed $100 or the actual incremental costs of 21 the public agency, whichever is less, if the person making the request is 22 (i) a natural person requesting the records for 23 personal use; or 24 (ii) a representative of a newspaper, magazine, or 25 television or radio broadcasting station or network of stations who 26 provides proper identification; 27 (2) the public agency shall waive collection of the fee when 28 disclosure of the record occurs more than 20 days after the date the request is 29 received. 30 * Sec. 4. AS 40.25.120 is amended by adding a new subsection to read: 31 (d) Notwithstanding other provisions of this section to the contrary, every
01 person has a right to inspect a copy of the portions of an electronic transmission that 02 are not confidential by law, if the transmission is 03 (1) from a public official to a person who is not a public official; or 04 (2) from a person who is not a public official to a person who is a 05 public official. 06 * Sec. 5. AS 40.25.123(a) is amended to read: 07 (a) Every commissioner of a department in the executive branch shall 08 supervise and adopt regulations for the operation and implementation of 09 AS 40.25.110 - 40.25.140 by that commissioner's department, and, in addition, the 10 commissioner of administration [THE DEPARTMENT OF ADMINISTRATION] 11 shall supervise and adopt regulations for the operation and implementation of 12 AS 40.25.110 - 40.25.140 by all nondepartmental public agencies in the executive 13 branch, except the Alaska Railroad Corporation. 14 * Sec. 6. AS 40.25.123 is amended by adding a new subsection to read: 15 (g) A public agency's records of its disposition of each request for a public 16 record initiated under AS 40.25.100 - 40.25.295, including records of written initial 17 denials by the agency having custody of the record, administrative appeals of the 18 denials, and judicial review of administrative appeals that sustain the denials, are 19 themselves public records, subject to disclosure and copying under AS 40.25.100 - 20 40.25.295. These records are subject to disclosure and copying 20 days after the 21 appeal from a denial becomes a final decision. 22 * Sec. 7. AS 40.25.125 is amended to read: 23 Sec. 40.25.125. Enforcement; [:] injunctive relief. A person having custody 24 or control of a public record who denies, obstructs, or attempts to obstruct, or a person 25 not having custody or control who aids or abets another person in denying, 26 obstructing, or attempting to obstruct, the inspection of a public record subject to 27 inspection under AS 40.25.110 or 40.25.120 is subject to impeachment and may be 28 enjoined by the superior court from denying, obstructing, or attempting to obstruct, the 29 inspection of public records subject to inspection under AS 40.25.110 or 40.25.120. A 30 person may seek injunctive relief under this section without exhausting the person's 31 remedies under AS 40.25.123 - 40.25.124, and the relief sought may be granted or
01 denied regardless of whether an impeachment proceeding or an impeachment 02 occurs. 03 * Sec. 8. AS 40.25.220(3) is amended to read: 04 (3) "public records" means books, papers, files, accounts, electronic 05 transmissions, writings, including drafts and memorializations of conversations, and 06 other items, regardless of format or physical characteristics, that are developed or 07 received by a public agency, or by a private contractor for a public agency, and that 08 are preserved for their informational value or as evidence of the organization or 09 operation of the public agency; "public records" does not include proprietary software 10 programs; 11 * Sec. 9. AS 40.25.220 is amended by adding a new paragraph to read: 12 (5) "electronic transmission" means any form of communication, not 13 directly involving the physical transmission of paper, that creates a record that can be 14 retained, retrieved, and reviewed by a recipient of the communication and that can be 15 reproduced in paper form through an automated process.