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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organization or operation of the public agency; "public records" does not include proprietary software programs; - (4) [Repealed, E.O. No. 113 Sec. 18 (2005].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 4 LAYDOWN for 9/10/2018 City Council Meeting f 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. 3 LAYDOWN for 9/10/2018 City Council Meeting I 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 2 LAYDOWN for 9/10/2018 City Council Meeting 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 1