Details
PUBLIC RECORDS WEBSITE

"An Act relating to the establishment of a central Internet website for public access to the public records of state agencies and municipalities; and providing for an effective date."

Sponsorship REPRESENTATIVE(S) KREISS
Current Status House State Affairs Committee
Status Date 02/24/14
Date Action
2/24/2014

House Action, READ THE FIRST TIME - REFERRALS

House Action, State Affairs Committee, Finance Committee

House Action, REFERRED TO STATE AFFAIRS

Legislation updated to revision: HB0337A. GitHub  

  
                                
00                             HOUSE BILL NO. 337                                                                          
01 "An Act relating to the establishment of a central Internet website for public access to                                
02 the public records of state agencies and municipalities; and providing for an effective                                 
03 date."                                                                                                                  
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 40.25 is amended by adding new sections to read:                                                   
06                 Article 3. Central Website for Public Records.                                                        
07            Sec. 40.25.400. Establishment of central website. (a) In addition to the                                   
08       authority given to state agencies to provide electronic services and products to                                  
09       members of the public under AS 40.25.115, the department shall develop, operate, and                              
10       maintain a central Internet website that contains all of the public records of state                              
11       agencies that existed in electronic format on December 31, 2014, or are developed or                              
12       received by a state agency, or by a private contractor for a state agency, on or after                            
13       January 1, 2015. The department may include on the Internet website public records                                
14       that were developed or received by a state agency, or by a private contractor for a state                         
01       agency, before January 1, 2015, but that did not exist in electronic format on                                    
02       December 31, 2014.                                                                                                
03            (b)  The department may include the public records of a municipality on the                                  
04       central website if the municipality requests that the department include its public                               
05       records on the central website, and the department shall assist the municipality to                               
06       place its public records on the central website.                                                                  
07            Sec. 40.25.410. Requirements for website. (a) The central website must                                     
08                 (1)  allow a member of the public to access and copy a public record                                    
09       from a computer without limiting the quantity of public records copied;                                           
10                 (2)  provide public records in an understandable and useable form;                                      
11                 (3)  organize the public records in a manner that identifies the general                                
12       nature of the public records and each public record provided on the central website;                              
13                 (4)  provide public records in an electronic format that                                                
14                      (A)  can be read by computer;                                                                      
15                      (B)  is available to the public and not privately owned or                                         
16            operated;                                                                                                    
17                      (C)  allows a user to search and sort the information in the                                       
18            public records; and                                                                                          
19                      (D)  is able to run on more than one computer operating system.                                    
20            (b)  The department may not charge members of the public to access the                                       
21       central website, to search the central website, or to make copies of public records on                            
22       the central website and may not require members of the public to use a security code,                             
23       including a password, to access the central website.                                                              
24            Sec. 40.25.440. Handbook. The department shall develop and maintain a                                      
25       procedure handbook for a state agency to use when it develops and provides the                                    
26       department with the agency's public records for the central website. The handbook                                 
27       must include                                                                                                      
28                 (1)  a list of acceptable electronic formats for the public records;                                    
29                 (2)  the method for transferring public records to the central website;                                 
30       and                                                                                                               
31                 (3)  methods for organizing the public records.                                                         
01            Sec. 40.25.450. State agency obligations. A state agency shall provide the                                 
02       department with its public records for placement on the central website and with                                  
03       general descriptions of the categories of the state agency's records that are not public                          
04       records.                                                                                                          
05            Sec. 40.25.460. Updates. A state agency shall provide updates of its public                                
06       records to the department every three months, and the department shall update the                                 
07       central website every three months.                                                                               
08            Sec. 40.25.480. Regulations. The department may adopt regulations to                                       
09       implement AS 40.25.400 - 40.25.490.                                                                             
10            Sec. 40.25.490. Definitions. In AS 40.25.400 - 40.25.490,                                                  
11                 (1)  "central website" means the central Internet website established                                   
12       under AS 40.25.400;                                                                                               
13                 (2)  "computer" includes a cellular telephone and other personal                                        
14       electronic devices;                                                                                               
15                 (3)  "department" means the Department of Administration;                                               
16                 (4)  "public records" means records that are open to public inspection                                  
17       under AS 40.25.120;                                                                                               
18                 (5)  "records" means books, papers, files, accounts, writings, including                                
19       drafts and memorializations of conversations, and other items, regardless of format or                            
20       physical characteristics, that are developed or received by a state agency or                                     
21       municipality, or by a private contractor for a state agency or municipality, and that are                         
22       preserved for their informational value or as evidence of the organization or operation                           
23       of a state agency or municipality; in this paragraph, "items" does not include                                    
24       proprietary software programs;                                                                                    
25                 (6)  "state agency" means a department, division, or other                                              
26       administrative unit of the executive branch of state government; in this paragraph,                               
27       "other administrative unit" does not include                                                                      
28                      (A)  the University of Alaska;                                                                     
29                      (B)  the Alaska Railroad Corporation;                                                              
30                      (C)  the Alaska Housing Finance Corporation;                                                       
31                      (D)  the Alaska Aerospace Corporation;                                                             
01                      (E)  the Alaska Industrial Development and Export Authority;                                       
02                      (F)  a public corporation.                                                                         
03    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05       TRANSITION: INITIAL AGENCY DELIVERY OF PUBLIC RECORDS. (a) By                                                     
06 July 1, 2015, a state agency shall provide to the department for the central website its public                         
07 records that are in electronic form on December 31, 2014.                                                               
08       (b)  By January 1, 2016, a state agency shall provide to the department for the central                           
09 website the public records developed or received by the state agency, or by a private                                   
10 contractor for the state agency, on or after January 1, 2015.                                                           
11       (c)  If a state agency is not able to meet a date set under (a) or (b) of this section, the                       
12 state agency and the department shall establish a reasonable schedule for providing the public                          
13 records.                                                                                                                
14       (d)  In this section, "central website," "department," "public records," and "state                               
15 agency" have the meanings given in AS 40.25.490, enacted by sec. 1 of this Act.                                         
16    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
17 read:                                                                                                                   
18       TRANSITION: DELAYED AVAILABILITY. The central website established under                                           
19 AS 40.25.400, enacted by sec. 1 of this Act, shall be available to the public on and after                              
20 July 1, 2016.                                                                                                           
21    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
22 read:                                                                                                                   
23       TRANSITION: INITIAL UPDATE OF AGENCY RECORDS. (a) On or before                                                    
24 July 1, 2016, a state agency shall provide to the department the first update of its public                             
25 records.                                                                                                                
26       (b)  On or before October 1, 2016, the department shall provide its first update of the                           
27 central website.                                                                                                        
28       (c)  In this section, "central website," "department," "public records," and "state                               
29 agency" have the meanings given in AS 40.25.490, enacted by sec. 1 of this Act.                                         
30    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
31 read:                                                                                                                   
01       TRANSITION: REGULATIONS. The Department of Administration may adopt                                               
02 regulations under AS 40.25.480, enacted by sec. 1 of this Act, necessary to implement this                              
03 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                 
04 before January 1, 2015.                                                                                                 
05    * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).                                    
06    * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2015.