HB 146: "An Act prohibiting public employers from disclosing certain public employee personal information; making disclosure of certain public employee personal information an unfair labor practice; and creating an exception to the Public Records Act for certain public employee personal information."
00 HOUSE BILL NO. 146 01 "An Act prohibiting public employers from disclosing certain public employee personal 02 information; making disclosure of certain public employee personal information an 03 unfair labor practice; and creating an exception to the Public Records Act for certain 04 public employee personal information." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 23.40.110(a) is amended to read: 07 (a) A public employer or an agent of a public employer may not 08 (1) interfere with, restrain, or coerce an employee in the exercise of the 09 employee's rights guaranteed in AS 23.40.080; 10 (2) dominate or interfere with the formation, existence, or 11 administration of an organization; 12 (3) discriminate in regard to hire or tenure of employment or a term or 13 condition of employment to encourage or discourage membership in an organization; 14 (4) discharge or discriminate against an employee because the
01 employee has signed or filed an affidavit, petition, or complaint or given testimony 02 under AS 23.40.070 - 23.40.260; 03 (5) refuse to bargain collectively in good faith with an organization 04 which is the exclusive representative of employees in an appropriate unit, including 05 but not limited to the discussing of grievances with the exclusive representative; and 06 (6) disclose an employee's personal information in violation of 07 AS 23.40.115. 08 * Sec. 2. AS 23.40 is amended by adding a new section to read: 09 Sec. 23.40.115. Employee information prohibited from disclosure; 10 notification. (a) A public employer or an agent of a public employer may not disclose 11 (1) an employee's home address; 12 (2) an employee's date of birth; 13 (3) an employee's home and personal cellular telephone number, 14 except when the telephone number is used for the business of the public employer in 15 accordance with a written agreement between the employee and employer and the 16 disclosure is consistent with a business need of the public employer; 17 (4) an employee's personal electronic mail address; 18 (5) any information that personally identifies employee membership or 19 membership status in a labor organization or other voluntary association affiliated with 20 a labor organization, including whether or not an employee pays or has authorized the 21 payment of any dues to an organization or the amount of dues paid by an employee to 22 an organization; 23 (6) any communication between an exclusive representative and 24 bargaining unit members related to the duty of the exclusive representative to bargain 25 on behalf of or represent bargaining unit members; 26 (7) any information about an employee's charitable payroll deductions, 27 except to the receiving charity. 28 (b) This section does not apply to disclosures of employee information 29 otherwise required by law, authorized by the employee who is the subject of the 30 information, or to the employee's exclusive representative. 31 (c) The employer shall provide a written copy of any request for information,
01 or a written summary of any oral request for information, that is prohibited from 02 disclosure under this section to the exclusive representative of the employee who is the 03 subject of the request as soon as practicable after receiving the request. If the employer 04 provides a response to the request, the employer shall provide a copy of a written 05 response to the request or a written summary of an oral response to the request to the 06 exclusive representative of the employee within five business days of providing the 07 response. 08 * Sec. 3. AS 40.25.120(a) is amended to read: 09 (a) Every person has a right to inspect a public record in the state, including 10 public records in recorders' offices, except 11 (1) records of vital statistics and adoption proceedings, which shall be 12 treated in the manner required by AS 18.50; 13 (2) records pertaining to juveniles unless disclosure is authorized by 14 law; 15 (3) medical and related public health records; 16 (4) records required to be kept confidential by a federal law or 17 regulation or by state law; 18 (5) to the extent the records are required to be kept confidential under 19 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 20 or retain federal assistance; 21 (6) records or information compiled for law enforcement purposes, but 22 only to the extent that the production of the law enforcement records or information 23 (A) could reasonably be expected to interfere with enforcement 24 proceedings; 25 (B) would deprive a person of a right to a fair trial or an 26 impartial adjudication; 27 (C) could reasonably be expected to constitute an unwarranted 28 invasion of the personal privacy of a suspect, defendant, victim, or witness; 29 (D) could reasonably be expected to disclose the identity of a 30 confidential source; 31 (E) would disclose confidential techniques and procedures for
01 law enforcement investigations or prosecutions; 02 (F) would disclose guidelines for law enforcement 03 investigations or prosecutions if the disclosure could reasonably be expected to 04 risk circumvention of the law; or 05 (G) could reasonably be expected to endanger the life or 06 physical safety of an individual; 07 (7) names, addresses, and other information identifying a person as a 08 participant in the Education Trust of Alaska under AS 14.40.802 or the advance 09 college tuition savings program under AS 14.40.803 - 14.40.817; 10 (8) public records containing information that would disclose or might 11 lead to the disclosure of a component in the process used to execute or adopt an 12 electronic signature if the disclosure would or might cause the electronic signature to 13 cease being under the sole control of the person using it; 14 (9) reports submitted under AS 05.25.030 concerning certain 15 collisions, accidents, or other casualties involving boats; 16 (10) records or information pertaining to a plan, program, or 17 procedures for establishing, maintaining, or restoring security in the state, or to a 18 detailed description or evaluation of systems, facilities, or infrastructure in the state, 19 but only to the extent that the production of the records or information 20 (A) could reasonably be expected to interfere with the 21 implementation or enforcement of the security plan, program, or procedures; 22 (B) would disclose confidential guidelines for investigations or 23 enforcement and the disclosure could reasonably be expected to risk 24 circumvention of the law; or 25 (C) could reasonably be expected to endanger the life or 26 physical safety of an individual or to present a real and substantial risk to the 27 public health and welfare; 28 (11) [REPEALED.] 29 (12) records that are 30 (A) proprietary, privileged, or a trade secret in accordance with 31 AS 43.90.150 or 43.90.220(e);
01 (B) applications that are received under AS 43.90 until notice is 02 published under AS 43.90.160; 03 (13) information of the Alaska Gasline Development Corporation 04 created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development 05 Corporation that is confidential by law or under a valid confidentiality agreement; 06 (14) information under AS 38.05.020(b)(11) that is subject to a 07 confidentiality agreement under AS 38.05.020(b)(12); 08 (15) records relating to proceedings under AS 09.58 (Alaska Medical 09 Assistance False Claim and Reporting Act); 10 (16) names, addresses, and other information identifying a person as a 11 participant in the Alaska savings program for eligible individuals under AS 06.65; 12 (17) artists' submissions made in response to an inquiry or solicitation 13 initiated by the Alaska State Council on the Arts under AS 44.27.060; 14 (18) records that are 15 (A) investigative files under AS 45.55.910; or 16 (B) confidential under AS 45.56.620; 17 (19) records that are prohibited from disclosure under 18 AS 23.40.115. 19 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. (a) AS 23.40.110(a), as amended by sec. 1 of this Act, applies to 22 actions taken by a covered public employer on or after the effective date of this Act. 23 (b) AS 23.40.115, enacted by sec. 2 of this Act, applies to collective bargaining 24 agreements entered into on or after the effective date of this Act.