HomeMy WebLinkAbout09102018 City Council Laydown - Definitions for AS 40.25.100 - 40.25.220LAYDOWN for 9/10/2018 City Council Meeting
AS 40.25.220. Definitions For AS 40.25.100 - 40.25.220.
In AS 40.25.100 - 40.25.220, unless the context otherwise requires, .
(1) "electronic services and products" means computer -related services and
products provided by a public agency, including
(A) electronic manipulation of the data contained in public records in order
to tailor the data to the person's request or to develop a product that meets
the person's request;
(B) duplicating public records in alternative formats not used by a public
agency, providing periodic updates of an electronic file or data base, or
duplicating an electronic file or data base from a geographic information
system;
(C) providing on-line access to an electronic file or data base;
(D) providing information that cannot be retrieved or generated by the
existing computer programs of the public agency;
(E) providing functional electronic access to the information system of the
public agency; in this subparagraph, "functional access" includes the
capability for alphanumeric query and printing, graphic query and plotting,
nongraphic data input and analysis, and graphic data input and analysis;
(F) providing software developed by a public agency or developed by a
private contractor for a public agency;
(G) generating maps or other standard or customized products from an
electronic geographic information system;
(2) "public agency" means a political subdivision, department, institution,
board, commission, division, authority, public corporation, council,
committee, or other instrumentality of the state or a municipality; "public
agency" includes the University of Alaska and the Alaska Railroad
Corporation;
(3) "public records" means books, papers, files, accounts, writings, including
drafts and memorializations of conversations, and other items, regardless of
format or physical characteristics, that are developed or received by a public
agency, or by a private contractor for a public agency, and that are
preserved for their informational value or as evidence of the organization or
operation of the public agency; "public records" does not include proprietary
software programs; -
(4) [Repealed, E.O. No. 113 Sec. 18 (2005].
Article 02. PERSONAL INFORMATION IN STATE PUBLIC RECORDS
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or the advance college tuition savings program under AS 14.40.803 -
14.40.817;
(8) public records containing information that would disclose or might lead
to the disclosure of a component in the process used to execute or adopt an
electronic signature if the disclosure would or might cause the electronic
signature to cease being under the sole control of the person using it;
(9) [See delayed repeal note]. reports submitted under AS 05.25.030
concerning certain collisions, accidents, or other casualties involving boats;
(10) records or information pertaining to a plan, program, or procedures for
establishing, maintaining, or restoring security in the state, or to a detailed
description or evaluation of systems, facilities, or infrastructure in the state,
but only to the extent that the production of the records or information
(A) could reasonably be expected to interfere with the implementation or
enforcement of the security plan, program, or procedures;
(B) would disclose confidential guidelines for investigations or enforcement
and the disclosure could reasonably be expected to risk circumvention of the
law; or
(C) could reasonably be expected to endanger the life or physical safety of
an individual or to present a real and substantial risk to the public health and
welfare;
(11) the written notification regarding a proposed regulation provided under
AS 24.20.105 to the Department of Law and the affected state agency and
communications between the Legislative Affairs Agency, the Department of
Law, and the affected state agency under AS 24.20.105.
(12) records that are
(A) proprietary, privileged, or a trade secret in accordance . with AS
43.90.150 or 43.90.220(e);
(B) applications that are received under AS 43.90 until notice is published
under AS 43.90.160 .
(b) Every public officer having the custody of records not included in the
exceptions shall permit the inspection, and give on demand and on payment
of the fees under AS 40.25.110 - 40.25.115 a certified copy of the record,
and the copy shall in all cases be evidence of the original.
(c) Recorders shall permit memoranda, transcripts, and copies of the public
records in their offices to be made by photography or otherwise for the
purpose of examining titles to real estate described in the public records,
making abstracts of title or guaranteeing or insuring the titles of the real
estate, or building and maintaining title and abstract plants; and shall
furnish proper and reasonable facilities to persons having lawful occasion for
access to the public records for those purposes, subject to reasonable rules
and regulations, in conformity to the direction of the court, as are necessary
for the protection of the records and to prevent interference with the regular
discharge of the duties of the recorders and their employees.
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reasonable fees for the inspection and copying of public records, including
record searches.
(h) Notwithstanding other provisions of this. section to the contrary, the
judicial branch may establish by court rule reasonable fees for the inspection
and copying of public records, including record searches.
(i) Electronic information that is provided in printed form shall be made
available without codes or symbols, unless accompanied by an explanation
of the codes or symbols.
AS 40.25.120. Public Records; Exceptions; Certified Copies.
(a) Every person has a right to inspect a public record in the state, including
public records in recorders' offices, except
(1) records of vital statistics and adoption proceedings, which shall be
treated in .the manner required by AS 18.50;
(2) records pertaining to juveniles unless disclosure is authorized by law;
(3) medical and related public health records;
(4) records required to be kept confidential by a,federal law or regulation or
by state law;
(5) to the extent the records are required to be kept confidential under 20
U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to
secure or retain federal assistance;
(6) records, or information compiled for law enforcement purposes, but only
to the extent -that the production of the law enforcement records or
information -
(A) could reasonably be expected to interfere with enforcement
proceedings;
(B) would deprive a person of a right to a fair trial or an impartial
adjudication;
(C) could reasonably be expected to constitute an unwarranted invasion of
the personal privacy of a suspect, defendant, victim, or witness; ,
(D) could reasonably be expected to disclose the identity- of a confidential
source;
(E) would disclose confidential techniques and procedures for law
enforcement investigations or prosecutions;
(F) would disclose guidelines for law enforcement investigations or
prosecutions if the disclosure could reasonably be expected to risk
circumvention of -the law; or.
(G) could reasonably be .expected to endanger the life or physical safety of
an individual;
(7) names, addresses, and other information identifying ,a person as a
participant in the Alaska Higher Education Savings Trust under AS 14.40.802
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AS 40.25.110. Public Records ®pen to Inspection and Copying; Fees.
(a) Unless specifically provided otherwise, the public records of all public
agencies are open to inspection by the public under reasonable rules.during
regular office hours. The public officer, having the custody of public records
shall give on request and payment of the fee established under this section
or AS 40.25.115 a certified copy of the public record.
(b) Except as otherwise provided in this section, the fee. for copying public
records may not exceed the standard unit cost of duplication established by
the public agency.
(c) If the production of records for one requester in a calendar month
exceeds five person -hours, the public agency shall require the requester to
pay the personnel costs required during the month to complete the search
and copying tasks. The personnel costs may not exceed the actual salary
and benefit costs for the personnel time required to perform the search and
copying tasks. The requester shall pay the fee before the records .are
disclosed, and the public agency may require payment in advance of the
search.
(d) A public agency, may. reduce or waive a fee when the public agency
determines that the reduction or waiver is in the public interest. Fee
reductions and waivers shall be uniformly applied among persons who are
similarly situated. A public agency may waive a fee of $5 or less if the fee is
less than the cost to the public agency to arrange for payment.
(e) Notwithstanding other provisions of this section to the contrary, the
Bureau of Vital Statistics and the library archives in the Department of
Education and Early Development may continue to charge the same fees
that they were charging on September 25, 1990, for performing record
searches, and may increase the fees as necessary to recover agency
expenses on the same basis that was used 'by the agency immediately
before September 25, 1990. Notwithstanding other provisions of this section
to the contrary, the Department of Commerce, Community, and Economic
Development may continue to charge the same fees that the former
Department of Commerce and Economic Development was charging on July
1, 1999, for performing record searches for matters related to banking,
securities, and corporations, and may increase the fees as necessary to
recover agency expenses on the same basis that was used by the former
Department of Commerce and Economic Development immediately before
July 1, 1999.
(f) Notwithstanding other provisions of this section- to the contrary, the
Board of Regents of the University of Alaska may establish reasonable fees
for the inspection and copying of public records, including, record searches.
(g) Notwithstanding other provisions of this .section_;>:to the contrary, the
board of directors of the Alaska Railroad Corporation may establish
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