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SB 167: "An Act exempting identifying information of a person who reports criminal activity from disclosure as public records."

00 SENATE BILL NO. 167 01 "An Act exempting identifying information of a person who reports criminal activity 02 from disclosure as public records." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 40.25.120(a) is amended to read: 05 (a) Every person has a right to inspect a public record in the state, including 06 public records in recorders' offices, except 07 (1) records of vital statistics and adoption proceedings, which shall be 08 treated in the manner required by AS 18.50; 09 (2) records pertaining to juveniles unless disclosure is authorized by 10 law; 11 (3) medical and related public health records; 12 (4) records required to be kept confidential by a federal law or 13 regulation or by state law; 14 (5) to the extent the records are required to be kept confidential under

01 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 02 or retain federal assistance; 03 (6) records or information compiled for law enforcement purposes, but 04 only to the extent that the production of the law enforcement records or information 05 (A) could reasonably be expected to interfere with enforcement 06 proceedings; 07 (B) would deprive a person of a right to a fair trial or an 08 impartial adjudication; 09 (C) could reasonably be expected to constitute an unwarranted 10 invasion of the personal privacy of a suspect, defendant, victim, or witness; 11 (D) could reasonably be expected to disclose the identity of a 12 confidential source; 13 (E) would disclose confidential techniques and procedures for 14 law enforcement investigations or prosecutions; 15 (F) would disclose guidelines for law enforcement 16 investigations or prosecutions if the disclosure could reasonably be expected to 17 risk circumvention of the law; or 18 (G) could reasonably be expected to endanger the life or 19 physical safety of an individual; 20 (7) names, addresses, and other information identifying a person as a 21 participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the 22 advance college tuition savings program under AS 14.40.803 - 14.40.817; 23 (8) public records containing information that would disclose or might 24 lead to the disclosure of a component in the process used to execute or adopt an 25 electronic signature if the disclosure would or might cause the electronic signature to 26 cease being under the sole control of the person using it; 27 (9) reports submitted under AS 05.25.030 concerning certain 28 collisions, accidents, or other casualties involving boats; 29 (10) records or information pertaining to a plan, program, or 30 procedures for establishing, maintaining, or restoring security in the state, or to a 31 detailed description or evaluation of systems, facilities, or infrastructure in the state,

01 but only to the extent that the production of the records or information 02 (A) could reasonably be expected to interfere with the 03 implementation or enforcement of the security plan, program, or procedures; 04 (B) would disclose confidential guidelines for investigations or 05 enforcement and the disclosure could reasonably be expected to risk 06 circumvention of the law; or 07 (C) could reasonably be expected to endanger the life or 08 physical safety of an individual or to present a real and substantial risk to the 09 public health and welfare; 10 (11) the written notification regarding a proposed regulation provided 11 under AS 24.20.105 to the Department of Law and the affected state agency and 12 communications between the Legislative Affairs Agency, the Department of Law, and 13 the affected state agency under AS 24.20.105; 14 (12) records that are 15 (A) proprietary, privileged, or a trade secret in accordance with 16 AS 43.90.150 or 43.90.220(e); 17 (B) applications that are received under AS 43.90 until notice is 18 published under AS 43.90.160; 19 (13) information of the Alaska Gasline Development Corporation 20 created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development 21 Corporation that is confidential by law or under a valid confidentiality agreement; 22 (14) information under AS 38.05.020(b)(11) that is subject to a 23 confidentiality agreement under AS 38.05.020(b)(12); 24 (15) records relating to proceedings under AS 09.58 (Alaska Medical 25 Assistance False Claim and Reporting Act); 26 (16) names, addresses, and other information identifying a person as a 27 participant in the Alaska savings program for eligible individuals under AS 06.65; 28 (17) artists' submissions made in response to an inquiry or solicitation 29 initiated by the Alaska State Council on the Arts under AS 44.27.060; 30 (18) names, addresses, and other information identifying a person 31 who reports criminal activity to a crime stopper or similar organization; in this

01 paragraph, "crime stopper or similar organization" means a not for profit 02 organization that receives tips regarding criminal activity from the public for the 03 purpose of assisting law enforcement to prevent and solve crimes.