HB 337: "An Act relating to the establishment of a central Internet website for public access to the public records of state agencies and municipalities; and providing for an effective date."
00 HOUSE BILL NO. 337 01 "An Act relating to the establishment of a central Internet website for public access to 02 the public records of state agencies and municipalities; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 40.25 is amended by adding new sections to read: 06 Article 3. Central Website for Public Records. 07 Sec. 40.25.400. Establishment of central website. (a) In addition to the 08 authority given to state agencies to provide electronic services and products to 09 members of the public under AS 40.25.115, the department shall develop, operate, and 10 maintain a central Internet website that contains all of the public records of state 11 agencies that existed in electronic format on December 31, 2014, or are developed or 12 received by a state agency, or by a private contractor for a state agency, on or after 13 January 1, 2015. The department may include on the Internet website public records 14 that were developed or received by a state agency, or by a private contractor for a state
01 agency, before January 1, 2015, but that did not exist in electronic format on 02 December 31, 2014. 03 (b) The department may include the public records of a municipality on the 04 central website if the municipality requests that the department include its public 05 records on the central website, and the department shall assist the municipality to 06 place its public records on the central website. 07 Sec. 40.25.410. Requirements for website. (a) The central website must 08 (1) allow a member of the public to access and copy a public record 09 from a computer without limiting the quantity of public records copied; 10 (2) provide public records in an understandable and useable form; 11 (3) organize the public records in a manner that identifies the general 12 nature of the public records and each public record provided on the central website; 13 (4) provide public records in an electronic format that 14 (A) can be read by computer; 15 (B) is available to the public and not privately owned or 16 operated; 17 (C) allows a user to search and sort the information in the 18 public records; and 19 (D) is able to run on more than one computer operating system. 20 (b) The department may not charge members of the public to access the 21 central website, to search the central website, or to make copies of public records on 22 the central website and may not require members of the public to use a security code, 23 including a password, to access the central website. 24 Sec. 40.25.440. Handbook. The department shall develop and maintain a 25 procedure handbook for a state agency to use when it develops and provides the 26 department with the agency's public records for the central website. The handbook 27 must include 28 (1) a list of acceptable electronic formats for the public records; 29 (2) the method for transferring public records to the central website; 30 and 31 (3) methods for organizing the public records.
01 Sec. 40.25.450. State agency obligations. A state agency shall provide the 02 department with its public records for placement on the central website and with 03 general descriptions of the categories of the state agency's records that are not public 04 records. 05 Sec. 40.25.460. Updates. A state agency shall provide updates of its public 06 records to the department every three months, and the department shall update the 07 central website every three months. 08 Sec. 40.25.480. Regulations. The department may adopt regulations to 09 implement AS 40.25.400 - 40.25.490. 10 Sec. 40.25.490. Definitions. In AS 40.25.400 - 40.25.490, 11 (1) "central website" means the central Internet website established 12 under AS 40.25.400; 13 (2) "computer" includes a cellular telephone and other personal 14 electronic devices; 15 (3) "department" means the Department of Administration; 16 (4) "public records" means records that are open to public inspection 17 under AS 40.25.120; 18 (5) "records" means books, papers, files, accounts, writings, including 19 drafts and memorializations of conversations, and other items, regardless of format or 20 physical characteristics, that are developed or received by a state agency or 21 municipality, or by a private contractor for a state agency or municipality, and that are 22 preserved for their informational value or as evidence of the organization or operation 23 of a state agency or municipality; in this paragraph, "items" does not include 24 proprietary software programs; 25 (6) "state agency" means a department, division, or other 26 administrative unit of the executive branch of state government; in this paragraph, 27 "other administrative unit" does not include 28 (A) the University of Alaska; 29 (B) the Alaska Railroad Corporation; 30 (C) the Alaska Housing Finance Corporation; 31 (D) the Alaska Aerospace Corporation;
01 (E) the Alaska Industrial Development and Export Authority; 02 (F) a public corporation. 03 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: INITIAL AGENCY DELIVERY OF PUBLIC RECORDS. (a) By 06 July 1, 2015, a state agency shall provide to the department for the central website its public 07 records that are in electronic form on December 31, 2014. 08 (b) By January 1, 2016, a state agency shall provide to the department for the central 09 website the public records developed or received by the state agency, or by a private 10 contractor for the state agency, on or after January 1, 2015. 11 (c) If a state agency is not able to meet a date set under (a) or (b) of this section, the 12 state agency and the department shall establish a reasonable schedule for providing the public 13 records. 14 (d) In this section, "central website," "department," "public records," and "state 15 agency" have the meanings given in AS 40.25.490, enacted by sec. 1 of this Act. 16 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION: DELAYED AVAILABILITY. The central website established under 19 AS 40.25.400, enacted by sec. 1 of this Act, shall be available to the public on and after 20 July 1, 2016. 21 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: INITIAL UPDATE OF AGENCY RECORDS. (a) On or before 24 July 1, 2016, a state agency shall provide to the department the first update of its public 25 records. 26 (b) On or before October 1, 2016, the department shall provide its first update of the 27 central website. 28 (c) In this section, "central website," "department," "public records," and "state 29 agency" have the meanings given in AS 40.25.490, enacted by sec. 1 of this Act. 30 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 TRANSITION: REGULATIONS. The Department of Administration may adopt 02 regulations under AS 40.25.480, enacted by sec. 1 of this Act, necessary to implement this 03 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 04 before January 1, 2015. 05 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c). 06 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2015.