00                      CS FOR HOUSE BILL NO. 377(CRA)                                                                    
01 "An Act relating to public records; relating to managing and preserving audio and                                       
02 video recordings; and relating to fees for the inspection and copying of public records                                 
03 under the Alaska Public Records Act."                                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 40.21.150(6) is amended to read:                                                                   
06 (6)  "record" means any document, paper, book, letter, electronic mail,                                             
07 drawing, map, plat, photo, photographic file, motion picture film, audio or video                                   
08 recording, microfilm, microphotograph, exhibit, magnetic or paper tape, punched                                     
09 card, electronic record, or other document of any other material, regardless of physical                                
10 form or characteristic, developed or received under law or in connection with the                                       
11 transaction of official business and preserved or appropriate for preservation by an                                    
12 agency or a political subdivision, as evidence of the organization, function, policies,                                 
13 decisions, procedures, operations, or other activities of the state or political                                        
14 subdivision or because of the informational value in them; the term does not include                                    

01 library and museum material developed or acquired and preserved solely for reference,                                   
02 historical, or exhibition purposes, extra copies of documents preserved solely for                                      
03       convenience of reference, or stocks of publications and processed documents;                                      
04    * Sec. 2. AS 40.25.110 is amended by adding new subsections to read:                                               
05 (j)  Notwithstanding (c) of this section, a municipality may require a requester                                        
06 to pay the municipality's actual personnel costs to perform the search, review,                                         
07 redaction, and copying tasks to complete a request for production of a record. The                                      
08 personnel costs may not exceed the actual salary and benefit costs for the personnel                                    
09 time required to complete the request. The requester shall pay the costs before the                                     
10 records are disclosed, and the municipality may require payment in advance of the                                       
11       search.                                                                                                           
12 (k)  Notwithstanding (c) of this section, the Department of Public Safety may                                           
13 require a requester to pay the actual personnel costs of the Department of Public                                       
14 Safety to perform the search, review, redaction, and copying tasks to complete a                                        
15 request for production of a record. The personnel costs may not exceed the actual                                       
16 salary and benefit costs for the personnel time required to complete the request. The                                   
17 requester shall pay the costs before the records are disclosed, and the Department of                                   
18       Public Safety may require payment in advance of the search.                                                       
19    * Sec. 3. AS 40.25.220(3) is amended to read:                                                                      
20 (3)  "public records" means books, papers, files, audio or video                                                    
21 recordings, accounts, writings, including electronic mail, drafts, [AND]                                    
22 memorializations of conversations, and other items, regardless of format or physical                                    
23 characteristics, that are developed or received by a public agency, or by a private                                     
24 contractor for a public agency, and that are preserved for [THEIR] informational value                                  
25 or as evidence of the organization or operation of the public agency; "public records"                                  
26       does not include proprietary software programs.