Alaska 2025-2026 Regular Session

Alaska House Bill HB146 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0146a -1- HB 146
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11	11	HOUSE BILL NO. 146
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE HALL
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19	19	Introduced: 3/21/25
20	20	Referred: State Affairs, Labor and Commerce
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act prohibiting public employers from disclosing certain public employee personal 1
28	28	information; making disclosure of certain public employee personal information an 2
29	29	unfair labor practice; and creating an exception to the Public Records Act for certain 3
30	30	public employee personal information." 4
31	31	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
32	32	* Section 1. AS 23.40.110(a) is amended to read: 6
33	33	(a) A public employer or an agent of a public employer may not 7
34	34	(1) interfere with, restrain, or coerce an employee in the exercise of the 8
35	35	employee's rights guaranteed in AS 23.40.080; 9
36	36	(2) dominate or interfere with the formation, existence, or 10
37	37	administration of an organization; 11
38	38	(3) discriminate in regard to hire or tenure of employment or a term or 12
39	39	condition of employment to encourage or discourage membership in an organization; 13
40	40	(4) discharge or discriminate against an employee because the 14 34-LS0614\I
41	41	HB 146 -2- HB0146a
42	42	New Text Underlined [DELETED TEXT BRACKETED]
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44	44	employee has signed or filed an affidavit, petition, or complaint or given testimony 1
45	45	under AS 23.40.070 - 23.40.260; 2
46	46	(5) refuse to bargain collectively in good faith with an organization 3
47	47	which is the exclusive representative of employees in an appropriate unit, including 4
48	48	but not limited to the discussing of grievances with the exclusive representative; and 5
49	49	(6) disclose an employee's personal information in violation of 6
50	50	AS 23.40.115. 7
51	51	* Sec. 2. AS 23.40 is amended by adding a new section to read: 8
52	52	Sec. 23.40.115. Employee information prohibited from disclosure; 9
53	53	notification. (a) A public employer or an agent of a public employer may not disclose 10
54	54	(1) an employee's home address; 11
55	55	(2) an employee's date of birth; 12
56	56	(3) an employee's home and personal cellular telephone number, 13
57	57	except when the telephone number is used for the business of the public employer in 14
58	58	accordance with a written agreement between the employee and employer and the 15
59	59	disclosure is consistent with a business need of the public employer; 16
60	60	(4) an employee's personal electronic mail address; 17
61	61	(5) any information that personally identifies employee membership or 18
62	62	membership status in a labor organization or other voluntary association affiliated with 19
63	63	a labor organization, including whether or not an employee pays or has authorized the 20
64	64	payment of any dues to an organization or the amount of dues paid by an employee to 21
65	65	an organization; 22
66	66	(6) any communication between an exclusive representative and 23
67	67	bargaining unit members related to the duty of the exclusive representative to bargain 24
68	68	on behalf of or represent bargaining unit members; 25
69	69	(7) any information about an employee's charitable payroll deductions, 26
70	70	except to the receiving charity. 27
71	71	(b) This section does not apply to disclosures of employee information 28
72	72	otherwise required by law, authorized by the employee who is the subject of the 29
73	73	information, or to the employee's exclusive representative. 30
74	74	(c) The employer shall provide a written copy of any request for information, 31 34-LS0614\I
75	75	HB0146a -3- HB 146
76	76	New Text Underlined [DELETED TEXT BRACKETED]
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78	78	or a written summary of any oral request for information, that is prohibited from 1
79	79	disclosure under this section to the exclusive representative of the employee who is the 2
80	80	subject of the request as soon as practicable after receiving the request. If the employer 3
81	81	provides a response to the request, the employer shall provide a copy of a written 4
82	82	response to the request or a written summary of an oral response to the request to the 5
83	83	exclusive representative of the employee within five business days of providing the 6
84	84	response. 7
85	85	* Sec. 3. AS 40.25.120(a) is amended to read: 8
86	86	(a) Every person has a right to inspect a public record in the state, including 9
87	87	public records in recorders' offices, except 10
88	88	(1) records of vital statistics and adoption proceedings, which shall be 11
89	89	treated in the manner required by AS 18.50; 12
90	90	(2) records pertaining to juveniles unless disclosure is authorized by 13
91	91	law; 14
92	92	(3) medical and related public health records; 15
93	93	(4) records required to be kept confidential by a federal law or 16
94	94	regulation or by state law; 17
95	95	(5) to the extent the records are required to be kept confidential under 18
96	96	20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 19
97	97	or retain federal assistance; 20
98	98	(6) records or information compiled for law enforcement purposes, but 21
99	99	only to the extent that the production of the law enforcement records or information 22
100	100	(A) could reasonably be expected to interfere with enforcement 23
101	101	proceedings; 24
102	102	(B) would deprive a person of a right to a fair trial or an 25
103	103	impartial adjudication; 26
104	104	(C) could reasonably be expected to constitute an unwarranted 27
105	105	invasion of the personal privacy of a suspect, defendant, victim, or witness; 28
106	106	(D) could reasonably be expected to disclose the identity of a 29
107	107	confidential source; 30
108	108	(E) would disclose confidential techniques and procedures for 31 34-LS0614\I
109	109	HB 146 -4- HB0146a
110	110	New Text Underlined [DELETED TEXT BRACKETED]
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112	112	law enforcement investigations or prosecutions; 1
113	113	(F) would disclose guidelines for law enforcement 2
114	114	investigations or prosecutions if the disclosure could reasonably be expected to 3
115	115	risk circumvention of the law; or 4
116	116	(G) could reasonably be expected to endanger the life or 5
117	117	physical safety of an individual; 6
118	118	(7) names, addresses, and other information identifying a person as a 7
119	119	participant in the Education Trust of Alaska under AS 14.40.802 or the advance 8
120	120	college tuition savings program under AS 14.40.803 - 14.40.817; 9
121	121	(8) public records containing information that would disclose or might 10
122	122	lead to the disclosure of a component in the process used to execute or adopt an 11
123	123	electronic signature if the disclosure would or might cause the electronic signature to 12
124	124	cease being under the sole control of the person using it; 13
125	125	(9) reports submitted under AS 05.25.030 concerning certain 14
126	126	collisions, accidents, or other casualties involving boats; 15
127	127	(10) records or information pertaining to a plan, program, or 16
128	128	procedures for establishing, maintaining, or restoring security in the state, or to a 17
129	129	detailed description or evaluation of systems, facilities, or infrastructure in the state, 18
130	130	but only to the extent that the production of the records or information 19
131	131	(A) could reasonably be expected to interfere with the 20
132	132	implementation or enforcement of the security plan, program, or procedures; 21
133	133	(B) would disclose confidential guidelines for investigations or 22
134	134	enforcement and the disclosure could reasonably be expected to risk 23
135	135	circumvention of the law; or 24
136	136	(C) could reasonably be expected to endanger the life or 25
137	137	physical safety of an individual or to present a real and substantial risk to the 26
138	138	public health and welfare; 27
139	139	(11) [REPEALED.] 28
140	140	(12) records that are 29
141	141	(A) proprietary, privileged, or a trade secret in accordance with 30
142	142	AS 43.90.150 or 43.90.220(e); 31 34-LS0614\I
143	143	HB0146a -5- HB 146
144	144	New Text Underlined [DELETED TEXT BRACKETED]
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146	146	(B) applications that are received under AS 43.90 until notice is 1
147	147	published under AS 43.90.160; 2
148	148	(13) information of the Alaska Gasline Development Corporation 3
149	149	created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development 4
150	150	Corporation that is confidential by law or under a valid confidentiality agreement; 5
151	151	(14) information under AS 38.05.020(b)(11) that is subject to a 6
152	152	confidentiality agreement under AS 38.05.020(b)(12); 7
153	153	(15) records relating to proceedings under AS 09.58 (Alaska Medical 8
154	154	Assistance False Claim and Reporting Act); 9
155	155	(16) names, addresses, and other information identifying a person as a 10
156	156	participant in the Alaska savings program for eligible individuals under AS 06.65; 11
157	157	(17) artists' submissions made in response to an inquiry or solicitation 12
158	158	initiated by the Alaska State Council on the Arts under AS 44.27.060; 13
159	159	(18) records that are 14
160	160	(A) investigative files under AS 45.55.910; or 15
161	161	(B) confidential under AS 45.56.620; 16
162	162	(19) records that are prohibited from disclosure under 17
163	163	AS 23.40.115. 18
164	164	* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 19
165	165	read: 20
166	166	APPLICABILITY. (a) AS 23.40.110(a), as amended by sec. 1 of this Act, applies to 21
167	167	actions taken by a covered public employer on or after the effective date of this Act. 22
168	168	(b) AS 23.40.115, enacted by sec. 2 of this Act, applies to collective bargaining 23
169	169	agreements entered into on or after the effective date of this Act. 24