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HOUSE BILL NO. 146
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE HALL
Introduced: 3/21/25
Referred: State Affairs, Labor and Commerce
A BILL
FOR AN ACT ENTITLED
"An Act prohibiting public employers from disclosing certain public employee personal 1
information; making disclosure of certain public employee personal information an 2
unfair labor practice; and creating an exception to the Public Records Act for certain 3
public employee personal information." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 23.40.110(a) is amended to read: 6
(a) A public employer or an agent of a public employer may not 7
(1) interfere with, restrain, or coerce an employee in the exercise of the 8
employee's rights guaranteed in AS 23.40.080; 9
(2) dominate or interfere with the formation, existence, or 10
administration of an organization; 11
(3) discriminate in regard to hire or tenure of employment or a term or 12
condition of employment to encourage or discourage membership in an organization; 13
(4) discharge or discriminate against an employee because the 14 34-LS0614\I
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employee has signed or filed an affidavit, petition, or complaint or given testimony 1
under AS 23.40.070 - 23.40.260; 2
(5) refuse to bargain collectively in good faith with an organization 3
which is the exclusive representative of employees in an appropriate unit, including 4
but not limited to the discussing of grievances with the exclusive representative; and 5
(6) disclose an employee's personal information in violation of 6
AS 23.40.115. 7
* Sec. 2. AS 23.40 is amended by adding a new section to read: 8
Sec. 23.40.115. Employee information prohibited from disclosure; 9
notification. (a) A public employer or an agent of a public employer may not disclose 10
(1) an employee's home address; 11
(2) an employee's date of birth; 12
(3) an employee's home and personal cellular telephone number, 13
except when the telephone number is used for the business of the public employer in 14
accordance with a written agreement between the employee and employer and the 15
disclosure is consistent with a business need of the public employer; 16
(4) an employee's personal electronic mail address; 17
(5) any information that personally identifies employee membership or 18
membership status in a labor organization or other voluntary association affiliated with 19
a labor organization, including whether or not an employee pays or has authorized the 20
payment of any dues to an organization or the amount of dues paid by an employee to 21
an organization; 22
(6) any communication between an exclusive representative and 23
bargaining unit members related to the duty of the exclusive representative to bargain 24
on behalf of or represent bargaining unit members; 25
(7) any information about an employee's charitable payroll deductions, 26
except to the receiving charity. 27
(b) This section does not apply to disclosures of employee information 28
otherwise required by law, authorized by the employee who is the subject of the 29
information, or to the employee's exclusive representative. 30
(c) The employer shall provide a written copy of any request for information, 31 34-LS0614\I
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or a written summary of any oral request for information, that is prohibited from 1
disclosure under this section to the exclusive representative of the employee who is the 2
subject of the request as soon as practicable after receiving the request. If the employer 3
provides a response to the request, the employer shall provide a copy of a written 4
response to the request or a written summary of an oral response to the request to the 5
exclusive representative of the employee within five business days of providing the 6
response. 7
* Sec. 3. AS 40.25.120(a) is amended to read: 8
(a) Every person has a right to inspect a public record in the state, including 9
public records in recorders' offices, except 10
(1) records of vital statistics and adoption proceedings, which shall be 11
treated in the manner required by AS 18.50; 12
(2) records pertaining to juveniles unless disclosure is authorized by 13
law; 14
(3) medical and related public health records; 15
(4) records required to be kept confidential by a federal law or 16
regulation or by state law; 17
(5) to the extent the records are required to be kept confidential under 18
20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure 19
or retain federal assistance; 20
(6) records or information compiled for law enforcement purposes, but 21
only to the extent that the production of the law enforcement records or information 22
(A) could reasonably be expected to interfere with enforcement 23
proceedings; 24
(B) would deprive a person of a right to a fair trial or an 25
impartial adjudication; 26
(C) could reasonably be expected to constitute an unwarranted 27
invasion of the personal privacy of a suspect, defendant, victim, or witness; 28
(D) could reasonably be expected to disclose the identity of a 29
confidential source; 30
(E) would disclose confidential techniques and procedures for 31 34-LS0614\I
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law enforcement investigations or prosecutions; 1
(F) would disclose guidelines for law enforcement 2
investigations or prosecutions if the disclosure could reasonably be expected to 3
risk circumvention of the law; or 4
(G) could reasonably be expected to endanger the life or 5
physical safety of an individual; 6
(7) names, addresses, and other information identifying a person as a 7
participant in the Education Trust of Alaska under AS 14.40.802 or the advance 8
college tuition savings program under AS 14.40.803 - 14.40.817; 9
(8) public records containing information that would disclose or might 10
lead to the disclosure of a component in the process used to execute or adopt an 11
electronic signature if the disclosure would or might cause the electronic signature to 12
cease being under the sole control of the person using it; 13
(9) reports submitted under AS 05.25.030 concerning certain 14
collisions, accidents, or other casualties involving boats; 15
(10) records or information pertaining to a plan, program, or 16
procedures for establishing, maintaining, or restoring security in the state, or to a 17
detailed description or evaluation of systems, facilities, or infrastructure in the state, 18
but only to the extent that the production of the records or information 19
(A) could reasonably be expected to interfere with the 20
implementation or enforcement of the security plan, program, or procedures; 21
(B) would disclose confidential guidelines for investigations or 22
enforcement and the disclosure could reasonably be expected to risk 23
circumvention of the law; or 24
(C) could reasonably be expected to endanger the life or 25
physical safety of an individual or to present a real and substantial risk to the 26
public health and welfare; 27
(11) [REPEALED.] 28
(12) records that are 29
(A) proprietary, privileged, or a trade secret in accordance with 30
AS 43.90.150 or 43.90.220(e); 31 34-LS0614\I
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(B) applications that are received under AS 43.90 until notice is 1
published under AS 43.90.160; 2
(13) information of the Alaska Gasline Development Corporation 3
created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development 4
Corporation that is confidential by law or under a valid confidentiality agreement; 5
(14) information under AS 38.05.020(b)(11) that is subject to a 6
confidentiality agreement under AS 38.05.020(b)(12); 7
(15) records relating to proceedings under AS 09.58 (Alaska Medical 8
Assistance False Claim and Reporting Act); 9
(16) names, addresses, and other information identifying a person as a 10
participant in the Alaska savings program for eligible individuals under AS 06.65; 11
(17) artists' submissions made in response to an inquiry or solicitation 12
initiated by the Alaska State Council on the Arts under AS 44.27.060; 13
(18) records that are 14
(A) investigative files under AS 45.55.910; or 15
(B) confidential under AS 45.56.620; 16
(19) records that are prohibited from disclosure under 17
AS 23.40.115. 18
* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 19
read: 20
APPLICABILITY. (a) AS 23.40.110(a), as amended by sec. 1 of this Act, applies to 21
actions taken by a covered public employer on or after the effective date of this Act. 22
(b) AS 23.40.115, enacted by sec. 2 of this Act, applies to collective bargaining 23
agreements entered into on or after the effective date of this Act. 24