Bill Text 25th Legislature
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00 Enrolled HB 65
01 Relating to breaches of security involving personal information, credit report and credit score
02 security freezes, protection of social security numbers, care of records, disposal of records,
03 identity theft, credit cards, and debit cards, disclosure of the names and addresses of
04 permanent fund dividend applicants, and to the jurisdiction of the office of administrative
05 hearings; amending Rules 60 and 82, Alaska Rules of Civil Procedure; and providing for an
06 effective date.
07 _______________
08 * Section 1. AS 40.21.110 is amended to read:
09 Sec. 40.21.110. Care of records. Except for public records lawfully in the
10 possession of a person other than the state, public records of existing or defunct
11 agencies of the state, territorial, and Russian governments in Alaska are the property
12 of the state and shall be created, maintained, preserved, stored, transferred, destroyed
13 or disposed of, and otherwise managed in accordance with the provisions of this
14 chapter and AS 45.48.500 - 45.48.530. Records shall be delivered by outgoing
01 officials and employees to their successors, and may not be removed, destroyed, or
02 disposed of, except as provided in this chapter and AS 45.48.500 - 45.48.530.
03 * Sec. 2. AS 43.23.017 is amended by adding a new subsection to read:
04 (b) Notwithstanding (a) of this section, the department may release the names
05 and addresses of permanent fund dividend applicants to a legislator of this state and to
06 the legislator's office staff for official legislative purposes.
07 * Sec. 3. AS 44.64.030(a) is amended by adding a new paragraph to read:
08 (40) AS 45.48.080(c) (breach of security involving personal
09 information).
10 * Sec. 4. AS 45 is amended by adding a new chapter to read:
11 Chapter 48. Personal Information Protection Act.
12 Article 1. Breach of Security Involving Personal Information.
13 Sec. 45.48.010. Disclosure of breach of security. (a) If a covered person owns
14 or licenses personal information in any form that includes personal information on a
15 state resident, and a breach of the security of the information system that contains
16 personal information occurs, the covered person shall, after discovering or being
17 notified of the breach, disclose the breach to each state resident whose personal
18 information was subject to the breach.
19 (b) An information collector shall make the disclosure required by (a) of this
20 section in the most expeditious time possible and without unreasonable delay, except
21 as provided in AS 45.48.020 and as necessary to determine the scope of the breach and
22 restore the reasonable integrity of the information system.
23 (c) Notwithstanding (a) of this section, disclosure is not required if, after an
24 appropriate investigation and after written notification to the attorney general of this
25 state, the covered person determines that there is not a reasonable likelihood that harm
26 to the consumers whose personal information has been acquired has resulted or will
27 result from the breach. The determination shall be documented in writing, and the
28 documentation shall be maintained for five years. The notification required by this
29 subsection may not be considered a public record open to inspection by the public.
30 Sec. 45.48.020. Allowable delay in notification. An information collector
31 may delay disclosing the breach under AS 45.48.010 if an appropriate law
01 enforcement agency determines that disclosing the breach will interfere with a
02 criminal investigation. However, the information collector shall disclose the breach to
03 the state resident in the most expeditious time possible and without unreasonable delay
04 after the law enforcement agency informs the information collector in writing that
05 disclosure of the breach will no longer interfere with the investigation.
06 Sec. 45.48.030. Methods of notice. An information collector shall make the
07 disclosure required by AS 45.48.010
08 (1) by a written document sent to the most recent address the
09 information collector has for the state resident;
10 (2) by electronic means if the information collector's primary method
11 of communication with the state resident is by electronic means or if making the
12 disclosure by the electronic means is consistent with the provisions regarding
13 electronic records and signatures required for notices legally required to be in writing
14 under 15 U.S.C. 7001 et seq. (Electronic Signatures in Global and National Commerce
15 Act); or
16 (3) if the information collector demonstrates that the cost of providing
17 notice would exceed $150,000, that the affected class of state residents to be notified
18 exceeds 300,000, or that the information collector does not have sufficient contact
19 information to provide notice, by
20 (A) electronic mail if the information collector has an
21 electronic mail address for the state resident;
22 (B) conspicuously posting the disclosure on the Internet
23 website of the information collector if the information collector maintains an
24 Internet website; and
25 (C) providing a notice to major statewide media.
26 Sec. 45.48.040. Notification of certain other agencies. (a) If an information
27 collector is required by AS 45.48.010 to notify more than 1,000 state residents of a
28 breach, the information collector shall also notify without unreasonable delay all
29 consumer credit reporting agencies that compile and maintain files on consumers on a
30 nationwide basis and provide the agencies with the timing, distribution, and content of
31 the notices to state residents.
01 (b) This section may not be construed to require the information collector to
02 provide the consumer reporting agencies identified under (a) of this section with the
03 names or other personal information of the state residents whose personal information
04 was subject to the breach.
05 (c) This section does not apply to an information collector who is subject to
06 the Gramm-Leach-Bliley Financial Modernization Act.
07 (d) In this section, "consumer credit reporting agency that compiles and
08 maintains files on consumers on a nationwide basis" has the meaning given to
09 "consumer reporting agency that compiles and maintains files on consumers on a
10 nationwide basis" in 15 U.S.C. 1681a(p).
11 Sec. 45.48.050. Exception for employees and agents. In AS 45.48.010 -
12 45.48.090, the good faith acquisition of personal information by an employee or agent
13 of an information collector for a legitimate purpose of the information collector is not
14 a breach of the security of the information system if the employee or agent does not
15 use the personal information for a purpose unrelated to a legitimate purpose of the
16 information collector and does not make further unauthorized disclosure of the
17 personal information.
18 Sec. 45.48.060. Waivers. A waiver of AS 45.48.010 - 45.48.090 is void and
19 unenforceable.
20 Sec. 45.48.070. Treatment of certain breaches. (a) If a breach of the security
21 of the information system containing personal information on a state resident that is
22 maintained by an information recipient occurs, the information recipient is not
23 required to comply with AS 45.48.010 - 45.48.030. However, immediately after the
24 information recipient discovers the breach, the information recipient shall notify the
25 information distributor who owns the personal information or who licensed the use of
26 the personal information to the information recipient about the breach and cooperate
27 with the information distributor as necessary to allow the information distributor to
28 comply with (b) of this section. In this subsection, "cooperate" means sharing with the
29 information distributor information relevant to the breach, except for confidential
30 business information or trade secrets.
31 (b) If an information recipient notifies an information distributor of a breach
01 under (a) of this section, the information distributor shall comply with AS 45.48.010 -
02 45.48.030 as if the breach occurred to the information system maintained by the
03 information distributor.
04 Sec. 45.48.080. Violations. (a) If an information collector who is a
05 governmental agency violates AS 45.48.010 - 45.48.090 with regard to the personal
06 information of a state resident, the information collector
07 (1) is liable to the state for a civil penalty of up to $500 for each state
08 resident who was not notified under AS 45.48.010 - 45.48.090, but the total civil
09 penalty may not exceed $50,000; and
10 (2) may be enjoined from further violations.
11 (b) If an information collector who is not a governmental agency violates
12 AS 45.48.010 - 45.48.090 with regard to the personal information of a state resident,
13 the violation is an unfair or deceptive act or practice under AS 45.50.471 - 45.50.561.
14 However,
15 (1) the information collector is not subject to the civil penalties
16 imposed under AS 45.50.551 but is liable to the state for a civil penalty of up to $500
17 for each state resident who was not notified under AS 45.48.010 - 45.48.090, except
18 that the total civil penalty may not exceed $50,000; and
19 (2) damages that may be awarded against the information collector
20 under
21 (A) AS 45.50.531 are limited to actual economic damages that
22 do not exceed $500; and
23 (B) AS 45.50.537 are limited to actual economic damages.
24 (c) The Department of Administration may enforce (a) of this section against a
25 governmental agency. The procedure for review of an order or action of the
26 department under this subsection is the same as the procedure provided by AS 44.62
27 (Administrative Procedure Act), except that the office of administrative hearings
28 (AS 44.64.010) shall conduct the hearings in contested cases and the decision may be
29 appealed under AS 44.64.030(c).
30 Sec. 45.48.090. Definitions. In AS 45.48.010 - 45.48.090,
31 (1) "breach of the security" means unauthorized acquisition, or
01 reasonable belief of unauthorized acquisition, of personal information that
02 compromises the security, confidentiality, or integrity of the personal information
03 maintained by the information collector; in this paragraph, "acquisition" includes
04 acquisition by
05 (A) photocopying, facsimile, or other paper-based method;
06 (B) a device, including a computer, that can read, write, or
07 store information that is represented in numerical form; or
08 (C) a method not identified by (A) or (B) of this paragraph;
09 (2) "covered person" means a
10 (A) person doing business;
11 (B) governmental agency; or
12 (C) person with more than 10 employees;
13 (3) "governmental agency" means a state or local governmental
14 agency, except for an agency of the judicial branch;
15 (4) "information collector" means a covered person who owns or
16 licenses personal information in any form if the personal information includes
17 personal information on a state resident;
18 (5) "information distributor" means a person who is an information
19 collector and who owns or licenses personal information to an information recipient;
20 (6) "information recipient" means a person who is an information
21 collector but who does not own or have the right to license to another information
22 collector the personal information received by the person from an information
23 distributor;
24 (7) "personal information" means information in any form on an
25 individual that is not encrypted or redacted, or is encrypted and the encryption key has
26 been accessed or acquired, and that consists of a combination of
27 (A) an individual's name; in this subparagraph, "individual's
28 name" means a combination of an individual's
29 (i) first name or first initial; and
30 (ii) last name; and
31 (B) one or more of the following information elements:
01 (i) the individual's social security number;
02 (ii) the individual's driver's license number or state
03 identification card number;
04 (iii) except as provided in (iv) of this subparagraph, the
05 individual's account number, credit card number, or debit card number;
06 (iv) if an account can only be accessed with a personal
07 code, the number in (iii) of this subparagraph and the personal code; in
08 this sub-subparagraph, "personal code" means a security code, an
09 access code, a personal identification number, or a password;
10 (v) passwords, personal identification numbers, or other
11 access codes for financial accounts.
12 Article 2. Credit Report and Credit Score Security Freeze.
13 Sec. 45.48.100. Security freeze authorized. A consumer may prohibit a
14 consumer credit reporting agency from releasing the consumer's credit report or credit
15 score without the express authorization of the consumer by placing a security freeze
16 on the consumer's credit report.
17 Sec. 45.48.110. Placement of security freeze. (a) To place a security freeze, a
18 consumer shall make the request to the consumer credit reporting agency
19 (1) by mail to the address designated by the consumer credit reporting
20 agency to receive security freeze requests; or
21 (2) as allowed by (b) of this section.
22 (b) A consumer may make a request under (a) of this section by telephone or
23 by facsimile, the Internet, or other electronic media if the consumer credit reporting
24 agency has developed procedures for using the telephone or an electronic medium to
25 receive and process the request in an expedited manner.
26 (c) A consumer credit reporting agency shall place a security freeze within
27 five business days after receiving a request under (a) or (b) of this section and proper
28 identification from the consumer.
29 Sec. 45.48.120. Confirmation of security freeze. (a) Within 10 business days
30 after a consumer makes the request under AS 45.48.110, a consumer credit reporting
31 agency shall send a written confirmation of the placement of the security freeze to the
01 consumer. The confirmation must also inform the consumer that the consumer credit
02 reporting agency may charge, as allowed by AS 45.48.160, a fee for third-party access
03 during the security freeze.
04 (b) At the same time that the consumer credit reporting agency sends a
05 confirmation under (a) of this section, the consumer credit reporting agency shall
06 provide the consumer with a unique personal identification number, password, or
07 similar device to be used by the consumer when the consumer authorizes the release of
08 the consumer's credit report or credit score under AS 45.48.130.
09 Sec. 45.48.130. Access and actions during security freeze. (a) While a
10 security freeze is in place, a consumer credit reporting agency shall allow a third party
11 access to a consumer's credit report or credit score if the consumer requests that the
12 consumer credit reporting agency allow the access.
13 (b) To make a request under (a) of this section, the consumer shall contact the
14 consumer credit reporting agency by mail at the address designated by the consumer
15 credit reporting agency to receive security freeze requests or as allowed by (c) of this
16 section, authorize the consumer credit reporting agency to allow the access, and
17 provide the consumer credit reporting agency with
18 (1) proper identification to verify the consumer's identity;
19 (2) the unique personal identification number, password, or similar
20 device provided under AS 45.48.120(b); and
21 (3) the proper information necessary to identify the third party to
22 whom the consumer credit reporting agency may allow the access or the time period
23 during which the consumer credit reporting agency may allow the access to third
24 parties who request the access.
25 (c) In addition to making the request by mail, a consumer may make a request
26 under (a) of this section by telephone or by facsimile, the Internet, or other electronic
27 media if the consumer credit reporting agency has developed procedures for using the
28 telephone or an electronic medium to receive and process the request in an expedited
29 manner.
30 (d) Except as provided by (e) of this section, a consumer credit reporting
31 agency that receives a request from a consumer under (b) or (c) of this section shall
01 comply with the request within 15 minutes after receiving the request by telephone or
02 by an electronic medium or within three business days after receiving the request by
03 mail.
04 (e) A consumer credit reporting agency is not required to comply with a
05 request under (a) of this section within the 15 minutes required by (d) of this section if
06 (1) the consumer fails to satisfy the requirements of (b) of this section;
07 (2) one of the following events prevents the consumer credit reporting
08 agency from removing the security freeze within 15 minutes:
09 (A) an act of God, including a fire, earthquake, hurricane,
10 storm, or similar natural disaster or phenomenon;
11 (B) an unauthorized or illegal act by another person, including
12 terrorism, sabotage, riot, vandalism, labor strike, labor dispute disrupting
13 operations, or similar occurrence;
14 (C) an operational interruption, including an electrical failure,
15 unanticipated delay in equipment or replacement part delivery, computer
16 hardware or software failure inhibiting response time, or similar disruption;
17 (D) governmental action, including an emergency order or
18 regulation, a judicial law enforcement action, or a similar directive;
19 (E) regularly scheduled maintenance during other than normal
20 business hours of the consumer credit reporting agency's systems, or updates to
21 the consumer credit reporting agency's systems;
22 (F) commercially reasonable maintenance of, or repair to, the
23 consumer credit reporting agency's systems that is unexpected or unscheduled;
24 or
25 (3) the request is received outside of normal business hours.
26 (f) If a security freeze is in place, a consumer credit reporting agency may not
27 release the credit report or credit score to a third party without the prior express
28 authorization of the consumer.
29 (g) If a security freeze is in place on a consumer's credit report and credit
30 score and if a third party applies to a consumer credit reporting agency to provide the
31 third party with access to the consumer's credit report or credit score, the consumer
01 credit reporting agency and the third party may treat the third party's application as
02 incomplete unless the consumer authorizes the access under (a) of this section.
03 (h) If a security freeze is in place, a consumer credit reporting agency may not
04 change the consumer's official information in the consumer's credit report and credit
05 score without sending a written statement of the change to the consumer within 30
06 days after the change is made. A consumer credit reporting agency is not required to
07 send a written statement if the consumer credit reporting agency makes a technical
08 change in the consumer's official information. If a consumer credit reporting agency
09 makes a change, other than a technical change, in a consumer's address, the consumer
10 credit reporting agency shall send the written statement to the consumer at both the
11 new address and the former address. In this subsection,
12 (1) "official information" means name, date of birth, social security
13 number, and address;
14 (2) "technical change" means changing spelling, transposing numbers
15 or letters, abbreviating a word, or spelling out an abbreviation.
16 (i) This section is not intended to prevent a consumer credit reporting agency
17 from advising a third party that requests access to a consumer's credit report or credit
18 score that a security freeze is in effect.
19 (j) The procedures used by a consumer credit reporting agency for
20 implementing the provisions of this section may include the use of telephone,
21 facsimile, or electronic means if making the disclosure by the electronic means is
22 consistent with the provisions regarding electronic records and signatures required for
23 notices legally required to be in writing under 15 U.S.C. 7001 et seq. (Electronic
24 Signatures in Global and National Commerce Act).
25 Sec. 45.48.140. Removal of security freeze. (a) Except as provided by
26 AS 45.48.130, a consumer credit reporting agency may not remove a security freeze
27 unless
28 (1) the consumer requests that the consumer credit reporting agency
29 remove the security freeze under (b) of this section; or
30 (2) the consumer made a material misrepresentation of fact to the
31 consumer credit reporting agency when the consumer requested the security freeze
01 under AS 45.48.110; if a consumer credit reporting agency intends to remove a
02 security freeze on a consumer's credit report under this paragraph, the consumer credit
03 reporting agency shall notify the consumer in writing before removing the security
04 freeze.
05 (b) A consumer credit reporting agency shall remove a security freeze within
06 three business days after receiving a request for removal from the consumer who
07 requested the security freeze.
08 (c) To make a request under (b) of this section, the consumer shall contact the
09 consumer credit reporting agency by mail or as allowed by (d) of this section,
10 authorize the consumer credit reporting agency to remove the security freeze, and
11 provide the consumer credit reporting agency with
12 (1) proper identification to verify the consumer's identity; and
13 (2) the unique personal identification number, password, or similar
14 device provided under AS 45.48.120(b).
15 (d) In addition to mail, a consumer may make a request under (b) of this
16 section by telephone or by facsimile, the Internet, or other electronic media if the
17 consumer credit reporting agency has developed procedures for using the telephone or
18 an electronic medium to receive and process the request in an expedited manner.
19 Sec. 45.48.150. Prohibition. When dealing with a third party, a consumer
20 credit reporting agency may not suggest, state, or imply that a consumer's security
21 freeze reflects a negative credit score, history, report, or rating.
22 Sec. 45.48.160. Charges. (a) Except as provided by (b), (c), or (d) of this
23 section, a consumer credit reporting agency may not charge a consumer to place or
24 remove a security freeze, to provide access under AS 45.48.130, or to take any other
25 action, including the issuance of a personal identification number, password, or similar
26 device under AS 45.48.120, that is related to the placement of, removal of, or allowing
27 access to a credit report or credit score on which a security freeze has been placed.
28 (b) A consumer credit reporting agency may charge a consumer $5 for placing
29 a security freeze.
30 (c) A consumer credit reporting agency may charge the consumer $2 for each
31 access request made by the consumer. In this subsection, "access request" means a
01 request made by the consumer under AS 45.48.130 to allow third-party access to the
02 consumer's credit report or credit score on which a security freeze has been placed.
03 (d) If a consumer fails to retain a personal identification number, password, or
04 similar device issued under AS 45.48.120, a consumer credit reporting agency may
05 charge the consumer up to $5 for each time after the first time that the consumer credit
06 reporting agency issues the consumer another personal identification number,
07 password, or similar device because the consumer failed to retain the personal
08 identification number, password, or similar device.
09 (e) A consumer credit reporting agency may not charge a consumer a fee
10 under (b) or (c) of this section if the consumer has been a victim of identity theft and
11 provides the consumer credit reporting agency with a complaint filed by the consumer
12 with a law enforcement agency.
13 Sec. 45.48.170. Notice of rights. When a consumer credit reporting agency is
14 required to give a consumer a summary of rights under 15 U.S.C. 1681g (Fair Credit
15 Reporting Act), a consumer credit reporting agency shall also give the consumer the
16 following notice:
17 Consumers Have the Right to Obtain a Security Freeze
18 You may obtain a security freeze on your credit report and
19 credit score for $5 to protect your privacy and ensure that credit is not
20 granted in your name without your knowledge. You may not have to
21 pay the $5 charge if you are a victim of identity theft. You have a right
22 to place a security freeze on your credit report and credit score under
23 state law (AS 45.48.100 - 45.48.290).
24 The security freeze will prohibit a consumer credit reporting
25 agency from releasing your credit score and any information in your
26 credit report without your express authorization or approval.
27 The security freeze is designed to prevent credit, loans, and
28 other services from being approved in your name without your consent.
29 However, you should be aware that using a security freeze to take
30 control over who gets access to the personal and financial information
31 in your credit report and credit score may delay, interfere with, or
01 prohibit the timely approval of any subsequent request or application
02 you make regarding a new loan, credit, a mortgage, a governmental
03 service, a governmental payment, a cellular telephone, a utility, an
04 Internet credit card application, an extension of credit at point of sale,
05 and other items and services.
06 When you place a security freeze on your credit report and
07 credit score, within 10 business days, you will be provided a personal
08 identification number, password, or similar device to use if you choose
09 to remove the freeze on your credit report and credit score or to
10 temporarily authorize the release of your credit report and credit score
11 to a specific third party or specific third parties or for a specific period
12 of time after the freeze is in place. To provide that authorization, you
13 must contact the consumer credit reporting agency and provide all of
14 the following:
15 (1) proper identification to verify your identity;
16 (2) the personal identification number, password, or
17 similar device provided by the consumer credit reporting agency;
18 (3) proper information necessary to identify the third
19 party or third parties who are authorized to receive the credit report and
20 credit score or the specific period of time for which the credit report
21 and credit score are to be available to third parties.
22 A consumer credit reporting agency that receives your request
23 to temporarily lift a freeze on a credit report and credit score is required
24 to comply with the request within 15 minutes, except after normal
25 business hours and under certain other conditions, after receiving your
26 request if you make the request by telephone, or an electronic method if
27 the agency provides an electronic method, or within three business days
28 after receiving your request if you make the request by mail. The
29 consumer credit reporting agency may charge you $2 to temporarily lift
30 the freeze.
31 A security freeze does not apply to circumstances where you
01 have an existing account relationship and a copy of your credit report
02 and credit score are requested by your existing creditor or its agents or
03 affiliates for certain types of account review, collection, fraud control,
04 or similar activities.
05 If you are actively seeking credit, you should understand that
06 the procedures involved in lifting a security freeze may slow your own
07 applications for credit. You should plan ahead and lift a freeze, either
08 completely if you are shopping around, or specifically for a certain
09 creditor, days before applying for new credit.
10 You have a right to bring a civil action against someone who
11 violates your rights under these laws on security freezes. The action can
12 be brought against a consumer credit reporting agency.
13 Sec. 45.48.180. Notification after violation. If a consumer credit reporting
14 agency violates a security freeze by releasing a consumer's credit report or credit
15 score, the consumer credit reporting agency shall notify the consumer within five
16 business days after discovering or being notified of the release, and the information in
17 the notice must include an identification of the information released and of the third
18 party who received the information.
19 Sec. 45.48.190. Resellers. A consumer credit reporting agency that acts as a
20 reseller of consumer information shall honor a security freeze placed on a consumer's
21 credit report and credit score by another consumer credit reporting agency.
22 Sec. 45.48.200. Violations and penalties. (a) A consumer who suffers
23 damages as a result of a person's violation of AS 45.48.100 - 45.48.290 may bring an
24 action in court against the person and recover, in the case of a violation where the
25 person acted
26 (1) negligently, actual economic damages, court costs allowed by the
27 rules of court, and full reasonable attorney fees;
28 (2) knowingly,
29 (A) damages as described in (1) of this subsection;
30 (B) punitive damages that are not less than $100 nor more than
31 $5,000 for each violation as the court determines to be appropriate; and
01 (C) other relief that the court determines to be appropriate.
02 (b) A consumer may bring an action in court against a person for a violation or
03 threatened violation of AS 45.48.100 - 45.48.290 for injunctive relief, whether or not
04 the consumer seeks another remedy under this section.
05 (c) Notwithstanding (a)(2) of this section, a person who knowingly violates
06 AS 45.48.100 - 45.48.290 is liable in a class action for an amount that the court
07 allows. When determining the amount of an award in a class action under this
08 subsection, the court shall consider, among the relevant factors, the amount of any
09 actual damages awarded, the frequency of the violations, the resources of the violator,
10 and the number of consumers adversely affected.
11 (d) In this section, "knowingly" has the meaning given in AS 11.81.900.
12 Sec. 45.48.210. Exemptions. (a) The provisions of AS 45.48.100 - 45.48.290
13 do not apply to the use of a credit report by
14 (1) a person, the person's subsidiary, affiliate, or agent, or the person's
15 assignee with whom a consumer has or, before the assignment, had an account,
16 contract, or debtor-creditor relationship if the purpose of the use is to review the
17 consumer's account or to collect a financial obligation owing on the account, contract,
18 or debt;
19 (2) a subsidiary, an affiliate, an agent, an assignee, or a prospective
20 assignee of a person to whom access has been granted under AS 45.48.130 if the
21 purpose of the use is to facilitate the extension of credit or another permissible use;
22 (3) a person acting under a court order, warrant, or subpoena;
23 (4) an agency of a state or municipality that administers a program for
24 establishing and enforcing child support obligations;
25 (5) the Department of Health and Social Services, its agents, or its
26 assigns when investigating fraud;
27 (6) the Department of Revenue, its agents, or its assigns when
28 investigating or collecting delinquent taxes or unpaid court orders or when
29 implementing its other statutory responsibilities;
30 (7) a person if the purpose of the use is prescreening allowed under 15
31 U.S.C. 1681b(c) (Fair Credit Reporting Act);
01 (8) a person administering a credit file monitoring subscription service
02 to which the consumer has subscribed;
03 (9) a person providing a consumer with a copy of the consumer's credit
04 report or credit score at the consumer's request;
05 (10) a person if the database or file of the consumer credit reporting
06 agency consists entirely of information concerning and used solely for one or more of
07 the following purposes:
08 (A) criminal record information;
09 (B) personal loss history information;
10 (C) fraud prevention or detection;
11 (D) tenant screening; or
12 (E) employment screening; or
13 (11) a person for use for insurance purposes in setting a rate, adjusting
14 a rate, adjusting a claim, or underwriting, except that this paragraph may not be
15 interpreted to authorize an insurance practice that is prohibited by other law; this
16 paragraph may not be interpreted to affect AS 21.36.460 or AS 21.39.035.
17 (b) Except as provided by AS 45.48.190, the provisions of AS 45.48.100 -
18 45.48.290 do not apply to a person when acting only as a reseller of consumer
19 information.
20 Sec. 45.48.290. Definitions. In AS 45.48.100 - 45.48.290,
21 (1) "account review" means activities related to account maintenance,
22 account monitoring, credit line increases, and account upgrades and enhancements;
23 (2) "consumer" means an individual who is the subject of a credit
24 report or credit score;
25 (3) "consumer credit reporting agency" has the meaning given in
26 AS 45.48.990, but does not include a person who issues reports
27 (A) on incidents of fraud or authorizations for the purpose of
28 approving or processing negotiable instruments, electronic funds transfers, or
29 similar methods of payments; or
30 (B) regarding account closures because of fraud, substantial
31 overdrafts, automated teller machine abuse, or similar negative information
01 regarding a consumer to inquiring banks or other financial institutions for use
02 only in reviewing consumer requests for deposit accounts at the inquiring
03 banks or financial institutions;
04 (4) "reseller of consumer information" means a person who assembles
05 and merges information contained in the databases of consumer credit reporting
06 agencies and does not maintain a permanent database of consumer information from
07 which new consumer credit reports are produced;
08 (5) "security freeze" means a prohibition against a consumer credit
09 reporting agency's releasing a consumer's credit report or credit score without the
10 express authorization of the consumer;
11 (6) "third party" means a person who is not
12 (A) the consumer who is the subject of the consumer's credit
13 report or credit score; or
14 (B) the consumer credit reporting agency that is holding the
15 consumer's credit report or credit score.
16 Article 3. Protection of Social Security Number.
17 Sec. 45.48.400. Use of social security number. (a) A person may not
18 (1) intentionally communicate or otherwise make available to the
19 general public an individual's social security number;
20 (2) print an individual's social security number on a card required for
21 the individual to access products or services provided by the person;
22 (3) require an individual to transmit the individual's social security
23 number over the Internet unless the Internet connection is secure or the social security
24 number is encrypted;
25 (4) require an individual to use the individual's social security number
26 to access an Internet website unless a password, a unique personal identification
27 number, or another authentication device is also required to access the website; or
28 (5) print an individual's social security number on material that is
29 mailed to the individual unless
30 (A) local, state, or federal law, including a regulation adopted
31 under AS 45.48.470, expressly authorizes placement of the social security
01 number on the material; or
02 (B) the social security number is included on an application or
03 other form, including a document sent as a part of an application process or an
04 enrollment process, sent by mail to establish, amend, or terminate an account, a
05 contract, or a policy, or to confirm the accuracy of the social security number;
06 however, a social security number allowed to be mailed under this
07 subparagraph may not be printed, in whole or in part, on a postcard or other
08 mailer that does not require an envelope, or in a manner that makes the social
09 security number visible on the envelope or without the envelope's being
10 opened.
11 (b) The prohibitions in (a) of this section do not apply if the person is
12 engaging in the business of government and
13 (1) is authorized by law to communicate or otherwise make available
14 to the general public the individual's social security number; or
15 (2) the communicating or otherwise making available of the
16 individual's social security number is required for the performance of the person's
17 duties or responsibilities as provided by law.
18 Sec. 45.48.410. Request and collection. (a) A person who does business in the
19 state, including the business of government, may not request or collect from an
20 individual the individual's social security number. This subsection does not prohibit a
21 person from asking for another form of identification from the individual.
22 (b) The prohibition in (a) of this section does not apply
23 (1) if the person is authorized by local, state, or federal law, including
24 a regulation adopted under AS 45.48.470, to demand proof of the individual's social
25 security number, to request or collect the individual's social security number, or to
26 submit the individual's social security number to the local, state, or federal
27 government;
28 (2) if the person is engaging in the business of government and
29 (A) is authorized by law to request or collect the individual's
30 social security number; or
31 (B) the request or collection of the individual's social security
01 number is required for the performance of the person's duties or
02 responsibilities as provided by law;
03 (3) to a person subject to or a transaction regulated by the Gramm-
04 Leach-Bliley Financial Modernization Act for a purpose authorized by the Gramm-
05 Leach-Bliley Financial Modernization Act;
06 (4) to a person subject to or a transaction regulated by the Fair Credit
07 Reporting Act for a purpose authorized by the Fair Credit Reporting Act;
08 (5) if the request or collection is for a background check on the
09 individual, for fraud prevention, for medical treatment, for law enforcement or other
10 government purposes, for the individual's employment, including employment
11 benefits, or for verification of the individual's age;
12 (6) if the request or collection does not have independent economic
13 value, is incidental to a larger transaction or a larger anticipated transaction, and is
14 necessary to verify the identity of the individual;
15 (7) to an insurer regulated by AS 21; in this paragraph, "insurer" has
16 the meaning given in AS 21.90.900; or
17 (8) to a hospital service corporation or a medical service corporation
18 regulated under AS 21.87; in this paragraph, "hospital service corporation" and
19 "medical service corporation" have the meanings given in AS 21.87.330.
20 Sec. 45.48.420. Sale, lease, loan, trade, or rental. (a) A person may not sell,
21 lease, loan, trade, or rent an individual's social security number to a third party.
22 (b) The prohibition in (a) of this section does not apply if the sale, lease, loan,
23 trade, or rental is
24 (1) authorized by local, state, or federal law, including a regulation
25 adopted under AS 45.48.470;
26 (2) by a person subject to or for a transaction regulated by the Gramm-
27 Leach-Bliley Financial Modernization Act for a purpose authorized by the Gramm-
28 Leach-Bliley Financial Modernization Act;
29 (3) by a person subject to or for a transaction regulated by the Fair
30 Credit Reporting Act for a purpose authorized by the Fair Credit Reporting Act; or
31 (4) part of a report prepared by a consumer credit reporting agency in
01 response to a request by a person and the person submits the social security number as
02 part of the request to the consumer credit reporting agency for the preparation of the
03 report.
04 (c) Nothing in this section prevents a business from transferring social security
05 numbers to another person if the transfer is part of the sale or other transfer of the
06 business to the other person.
07 (d) A transfer of an individual's social security number for the sole purpose of
08 identifying a person about whom a report or database check is ordered, received, or
09 provided is not a sale, lease, loan, trade, or rental of a social security number under
10 this section.
11 (e) A person who knowingly violates (a) of this section is guilty of a class A
12 misdemeanor. In this subsection, "knowingly" has the meaning given in AS 11.81.900.
13 Sec. 45.48.430. Disclosure. (a) A person doing business, including the
14 business of government, may not disclose an individual's social security number to a
15 third party.
16 (b) The prohibition in (a) of this section does not apply if
17 (1) the disclosure is authorized by local, state, or federal law, including
18 a regulation adopted under AS 45.48.470;
19 (2) the person is engaging in the business of government and
20 (A) is authorized by law to disclose the individual's social
21 security number; or
22 (B) the disclosure of the individual's social security number is
23 required for the performance of the person's duties or responsibilities as
24 provided by law;
25 (3) the disclosure is to a person subject to or for a transaction regulated
26 by the Gramm-Leach-Bliley Financial Modernization Act, and the disclosure is for a
27 purpose authorized by the Gramm-Leach-Bliley Financial Modernization Act or to
28 facilitate a transaction of the individual;
29 (4) the disclosure is to a person subject to or for a transaction regulated
30 by the Fair Credit Reporting Act, and the disclosure is for a purpose authorized by the
31 Fair Credit Reporting Act;
01 (5) the disclosure is part of a report prepared by a consumer credit
02 reporting agency in response to a request by a person and the person submits the social
03 security number as part of the request to the consumer credit reporting agency for the
04 preparation of the report; or
05 (6) the disclosure is for a background check on the individual, identity
06 verification, fraud prevention, medical treatment, law enforcement or other
07 government purposes, or the individual's employment, including employment benefits.
08 Sec. 45.48.440. Interagency disclosure. Notwithstanding the other provisions
09 of AS 45.48.400 - 45.48.480, a state or local governmental agency may disclose an
10 individual's social security number to another state or local governmental agency or to
11 an agency of the federal government if the disclosure is required in order for the
12 agency to carry out the agency's duties and responsibilities.
13 Sec. 45.48.450. Exception for employees, agents, and independent
14 contractors. (a) Notwithstanding the other provisions of AS 45.48.400 - 45.48.480, a
15 person may disclose an individual's social security number to an employee or agent of
16 the person for a legitimate purpose established by and as directed by the person, but
17 the employee or agent may not use the social security number for another purpose or
18 make an unauthorized disclosure of the individual's personal information.
19 (b) Notwithstanding the other provisions of AS 45.48.400 - 45.48.480, and
20 except as provided for an agent under (a) of this section, a person may disclose an
21 individual's social security number to an independent contractor of the person to
22 facilitate the purpose or transaction for which the individual initially provided the
23 social security number to the person, but the independent contractor may not use the
24 social security number for another purpose or make an unauthorized disclosure of the
25 individual's personal information. In this subsection, "independent contractor"
26 includes a debt collector.
27 Sec. 45.48.460. Employment-related exception. The provisions of
28 AS 45.48.400 - 45.48.480 may not be construed to restrict a person's use or exchange
29 of an individual's social security number
30 (1) in the course of the administration of a claim, benefit, or procedure
31 related to the individual's employment by the person, including the individual's
01 termination from employment, retirement from employment, and injury suffered
02 during the course of employment; or
03 (2) to check on an unemployment insurance claim of the individual.
04 Sec. 45.48.470. Agency regulations. If regulations are necessary in order for a
05 state agency to carry out the state agency's duties and responsibilities, a state agency
06 may adopt regulations under AS 44.62 (Administrative Procedure Act) to establish
07 when the state agency or a person regulated by the state agency may
08 (1) print an individual's social security number on material that is
09 mailed to the individual;
10 (2) demand proof from an individual of the individual's social security
11 number, collect from an individual the individual's social security number, or submit
12 an individual's social security number to a local, state, or federal agency;
13 (3) ask an individual to provide the state agency with the individual's
14 social security number;
15 (4) disclose an individual's social security number to a third party;
16 (5) sell, lease, loan, trade, or rent an individual's social security number
17 to a third party.
18 Sec. 45.48.480. Penalties. (a) A person who knowingly violates AS 45.48.400
19 - 45.48.430 is liable to the state for a civil penalty not to exceed $3,000.
20 (b) An individual may bring a civil action in court against a person who
21 knowingly violates AS 45.48.400 - 45.48.430 and may recover actual economic
22 damages, court costs allowed by the rules of court, and full reasonable attorney fees.
23 (c) In this section, "knowingly" has the meaning given in AS 11.81.900.
24 Article 4. Disposal of Records.
25 Sec. 45.48.500. Disposal of records. (a) When disposing of records that
26 contain personal information, a business and a governmental agency shall take all
27 reasonable measures necessary to protect against unauthorized access to or use of the
28 records.
29 (b) Notwithstanding (a) of this section, if a business or governmental agency
30 has otherwise complied with the provisions of AS 45.48.500 - 45.48.590 in the
31 selection of a third party engaged in the business of record destruction, the business or
01 governmental agency is not liable for the disposal of records under AS 45.48.500 -
02 45.48.590 after the business or governmental agency has relinquished control of the
03 records to the third party for the destruction of the records.
04 (c) A business or governmental agency is not liable for the disposal of records
05 under AS 45.48.500 - 45.48.590 after the business or governmental agency has
06 relinquished control of the records to the individual to whom the records pertain.
07 Sec. 45.48.510. Measures to protect access. The measures that may be taken
08 to comply with AS 45.48.500 include
09 (1) implementing and monitoring compliance with policies and
10 procedures that require the burning, pulverizing, or shredding of paper documents
11 containing personal information so that the personal information cannot practicably be
12 read or reconstructed;
13 (2) implementing and monitoring compliance with policies and
14 procedures that require the destruction or erasure of electronic media and other
15 nonpaper media containing personal information so that the personal information
16 cannot practicably be read or reconstructed;
17 (3) after due diligence, entering into a written contract with a third
18 party engaged in the business of record destruction to dispose of records containing
19 personal information in a manner consistent with AS 45.48.500 - 45.48.590.
20 Sec. 45.48.520. Due diligence. In AS 45.48.510(3), due diligence ordinarily
21 includes performing one or more of the following:
22 (1) reviewing an independent audit of the third party's operations and
23 its compliance with AS 45.48.500 - 45.48.590;
24 (2) obtaining information about the third party from several references
25 or other reliable sources and requiring that the third party be certified by a recognized
26 trade association or similar organization with a reputation for high standards of quality
27 review; or
28 (3) reviewing and evaluating the third party's information security
29 policies and procedures, or taking other appropriate measures to determine the
30 competency and integrity of the third party.
31 Sec. 45.48.530. Policy and procedures. A business or governmental agency
01 shall adopt written policies and procedures that relate to the adequate destruction and
02 proper disposal of records containing personal information and that are consistent with
03 AS 45.48.500 - 45.48.590.
04 Sec. 45.48.540. Exemptions. (a) A business or a governmental agency is not
05 required to comply with AS 45.48.500 - 45.48.530 if federal law requires that the
06 business or governmental agency act in a way that does not comply with AS 45.48.500
07 - 45.48.530.
08 (b) A business is not required to comply with AS 45.48.500 - 45.48.530 if
09 (1) the business is subject to and in compliance with the Gramm-
10 Leach-Bliley Financial Modernization Act; or
11 (2) the manner of the disposal of the records of the business is subject
12 to 15 U.S.C. 1681w (Fair Credit Reporting Act) and the business is complying with 15
13 U.S.C. 1861w.
14 Sec. 45.48.550. Civil penalty. (a) An individual, a business, or a governmental
15 agency that knowingly violates AS 45.48.500 - 45.48.590 is liable to the state for a
16 civil penalty not to exceed $3,000.
17 (b) In this section, "knowingly" has the meaning given in AS 11.81.900.
18 Sec. 45.48.560. Court action. An individual who is damaged by a violation of
19 AS 45.48.500 - 45.48.590 may bring a civil action in court to enjoin further violations
20 and to recover for the violation actual economic damages, court costs allowed by the
21 rules of court, and full reasonable attorney fees.
22 Sec. 45.48.590. Definitions. In AS 45.48.500 - 45.48.590,
23 (1) "business" means a person who conducts business in the state or a
24 person who conducts business and maintains or otherwise possesses personal
25 information on state residents; in this paragraph,
26 (A) "conducts business" includes engaging in activities as a
27 financial institution organized, chartered, or holding a license or authorization
28 certificate under the laws of this state, another state, the United States, or
29 another country;
30 (B) "possesses" includes possession for the purpose of
31 destruction;
01 (2) "dispose" means
02 (A) the discarding or abandonment of records containing
03 personal information;
04 (B) the sale, donation, discarding, or transfer of
05 (i) any medium, including computer equipment or
06 computer media, that contains records of personal information;
07 (ii) nonpaper media, other than that identified under (i)
08 of this subparagraph, on which records of personal information are
09 stored; and
10 (iii) equipment for nonpaper storage of information;
11 (3) "governmental agency" means a state or local governmental
12 agency, except for an agency of the judicial branch;
13 (4) "personal information" means
14 (A) an individual's passport number, driver's license number,
15 state identification number, bank account number, credit card number, debit
16 card number, other payment card number, financial account information, or
17 information from a financial application; or
18 (B) a combination of an individual's
19 (i) name; and
20 (ii) medical information, insurance policy number,
21 employment information, or employment history;
22 (5) "records" means material on which information that is written,
23 drawn, spoken, visual, or electromagnetic is recorded or preserved, regardless of
24 physical form or characteristics, but does not include publicly available information
25 containing names, addresses, telephone numbers, or other information an individual
26 has voluntarily consented to have publicly disseminated or listed.
27 Article 5. Factual Declaration of Innocence after Identity Theft; Right to File Police
28 Report Regarding Identity Theft.
29 Sec. 45.48.600. Factual declaration of innocence after identity theft. (a) A
30 victim of identity theft may petition the superior court for a determination that the
31 victim is factually innocent of a crime if
01 (1) the perpetrator of the identity theft was arrested for, cited for, or
02 convicted of the crime using the victim's identity;
03 (2) a criminal complaint was filed against the perpetrator of the
04 identity theft; and
05 (3) the victim's identity was mistakenly associated with a record of a
06 conviction for a crime.
07 (b) In addition to a petition by a victim under (a) of this section, the
08 department may petition the superior court for a determination under (a) of this
09 section, or the superior court may, on its own motion, make a determination under (a)
10 of this section.
11 Sec. 45.48.610. Basis for determination. A determination of factual
12 innocence under AS 45.48.600 may be heard and made on declarations, affidavits,
13 police reports, or other material, relevant, and reliable information submitted by the
14 parties or ordered to be made a part of the record by the court.
15 Sec. 45.48.620. Criteria for determination; court order. (a) A court may
16 determine that a petitioner under AS 45.48.600 is factually innocent of a crime if the
17 court finds beyond a reasonable doubt that
18 (1) the petitioner is a victim of identity theft;
19 (2) the petitioner did not commit the offense for which the perpetrator
20 of the identity theft was arrested, cited, or convicted;
21 (3) the petitioner filed a criminal complaint against the perpetrator of
22 the identity theft; and
23 (4) the petitioner's identity was mistakenly associated with a record of
24 conviction for the crime.
25 (b) If a court finds under this section that the victim is factually innocent of a
26 crime, the court shall issue an order indicating this determination of factual innocence
27 and shall provide the victim with a copy of the order.
28 Sec. 45.48.630. Orders regarding records. After a court issues an order under
29 AS 45.48.620, the court may order the name and associated personal information of
30 the victim of identity theft that is contained in the files, indexes, and other records of
31 the court that are accessible by the public labeled to show that the name and personal
01 information of the victim of identity theft is incorrect.
02 Sec. 45.48.640. Vacation of determination. A court that has issued an order
03 under AS 45.48.620 may, at any time, vacate the order if the petition, or any
04 information submitted in support of the petition, is found to contain a material
05 misrepresentation, an omission, or false information.
06 Sec. 45.48.650. Court form. The supreme court of the state may develop a
07 form to be used for the order under AS 45.48.620.
08 Sec. 45.48.660. Database. The department may establish and maintain a
09 database of individuals who have been victims of identity theft and who have received
10 an order under AS 45.48.620. The department shall provide a victim or the victim's
11 authorized representative access to a database established under this section to
12 establish that the individual has been a victim of identity theft. Access to the database
13 established under this section is limited to criminal justice agencies, victims of identity
14 theft, and individuals and agencies authorized by the victims.
15 Sec. 45.48.670. Toll-free telephone number. The department may establish
16 and maintain a toll-free telephone number to provide access to information in a
17 database established under AS 45.48.660.
18 Sec. 45.48.680. Right to file police report regarding identity theft. (a) Even
19 if the local law enforcement agency does not have jurisdiction over the theft of an
20 individual's identity, if an individual who has learned or reasonably suspects the
21 individual has been the victim of identity theft contacts, for the purpose of filing a
22 complaint, a local law enforcement agency that has jurisdiction over the individual's
23 actual place of residence, the local law enforcement agency shall make a report of the
24 matter and provide the individual with a copy of the report. The local law enforcement
25 agency may refer the matter to a law enforcement agency in a different jurisdiction.
26 (b) This section is not intended to interfere with the discretion of a local law
27 enforcement agency to allocate its resources to the investigation of crime. A local law
28 enforcement agency is not required to count a complaint filed under (a) of this section
29 as an open case for purposes that include compiling statistics on its open cases.
30 Sec. 45.48.690. Definitions. In AS 45.48.600 - 45.48.690,
31 (1) "crime" has the meaning given in AS 11.81.900;
01 (2) "department" means the Department of Law;
02 (3) "perpetrator" means the person who perpetrated the theft of an
03 individual's identity;
04 (4) "victim" means an individual who is the victim of identity theft.
05 Article 6. Truncation of Card Information.
06 Sec. 45.48.750. Truncation of card information. (a) A person who accepts
07 credit cards or debit cards for the transaction of business may not print more than the
08 last four digits of the card number or the expiration date on any receipt or other
09 physical record of the transaction provided at the point of the sale or transaction.
10 (b) This section applies only to receipts that are electronically printed and does
11 not apply to transactions in which the sole means of recording a credit card or debit
12 card account number is by handwriting or by an imprint or copy of the card.
13 (c) A person may not sell a device that electronically prints more than the last
14 four digits of a credit card or debit card number or expiration date on a consumer
15 receipt for a business transaction or on a copy retained by a business person for a
16 business transaction.
17 (d) An individual may bring a civil action in court against a person who
18 knowingly violates (a) of this section and may recover actual economic damages,
19 court costs allowed by the rules of court, and full reasonable attorney fees.
20 (e) A person who knowingly violates this section is liable to the state for a
21 civil penalty not to exceed $3,000.
22 (f) In this section,
23 (1) "credit" means the right granted by a creditor to a debtor to defer
24 payment of debt, to incur debts and defer payment of the debt, or to purchase property
25 or services and defer payment of the purchase;in this paragraph, "creditor" means a
26 person who regularly extends, renews, or continues credit, a person who regularly
27 arranges for the extension, renewal, or continuation of credit, or an assignee of an
28 original creditor who participates in the decision to extend, renew, or continue credit;
29 (2) "credit card" means a card, plate, coupon book, or other credit
30 device existing for the purpose of obtaining money, property, labor, or services on
31 credit;
01 (3) "debit card" means a card issued by a financial institution to a
02 consumer for use in initiating an electronic fund transfer from the account of the
03 consumer at the financial institution for the purpose of transferring money between
04 accounts or obtaining money, property, labor, or services;
05 (4) "knowingly" has the meaning given in AS 11.81.900.
06 Article 7. General Provisions.
07 Sec. 45.48.990. Definitions. In this chapter, unless the context indicates
08 otherwise,
09 (1) "consumer" means an individual;
10 (2) "consumer credit reporting agency" means a person who, for
11 monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole
12 or in part, in the practice of assembling or evaluating consumer credit information or
13 other information on consumers for the purpose of furnishing credit reports to third
14 parties;
15 (3) "credit report" means a consumer report that a consumer credit
16 reporting agency furnishes to a person that the consumer credit reporting agency has
17 reason to believe intends to use the consumer report as a factor in establishing the
18 consumer's eligibility for credit to be used primarily for personal, family, or household
19 purposes; in this paragraph, "consumer report" has the meaning given to "consumer
20 report" in 15 U.S.C. 1681a(d) (Fair Credit Reporting Act), except that "consumer
21 reporting agency" in 15 U.S.C. 1681a(d) is to be read as "consumer credit reporting
22 agency";
23 (4) "Fair Credit Reporting Act" means 15 U.S.C. 1681 - 1681x;
24 (5) "Gramm-Leach-Bliley Financial Modernization Act" means 15
25 U.S.C. 6801 - 6827;
26 (6) "identity theft" means the theft of the identity of an individual;
27 (7) "information system" means any information system, including a
28 system consisting of digital databases and a system consisting of pieces of paper;
29 (8) "person" has the meaning given in AS 01.10.060 and includes a
30 state or local governmental agency, except for an agency of the judicial branch;
31 (9) "state resident" means an individual who satisfies the residency
01 requirements under AS 01.10.055.
02 Sec. 45.48.995. Short title. This chapter may be cited as the Alaska Personal
03 Information Protection Act.
04 * Sec. 5. AS 45.50.471(b) is amended by adding a new paragraph to read:
05 (53) an information collector, other than a governmental agency,
06 violating AS 45.48.010 - 45.48.090 (breach of security involving personal
07 information); in this paragraph,
08 (A) "governmental agency" has the meaning given in
09 AS 45.48.090;
10 (B) "information collector" has the meaning given in
11 AS 45.48.090.
12 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to
13 read:
14 INDIRECT COURT RULE AMENDMENTS. (a) AS 45.48.640, enacted by sec. 4 of
15 this Act, has the effect of changing Rule 60(b), Alaska Rules of Civil Procedure, by allowing
16 a court to vacate an order on its own motion and at any time and by establishing a specific
17 criterion for vacating the order under AS 45.48.640.
18 (b) AS 45.48.200(a), 45.48.480(b), 45.48.560, and 45.48.750(d), enacted by sec. 4 of
19 this Act, have the effect of changing Rule 82, Alaska Rules of Civil Procedure, by changing
20 the criteria for determining the amount of attorney fees to be awarded to a party in an action
21 under AS 45.48.200(a), 45.48.480(b), 45.48.560, or 45.48.750(d).
22 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to
23 read:
24 TRANSITION: REGULATIONS. A state agency may proceed to adopt regulations
25 necessary to implement this Act. The regulations take effect under AS 44.62 (Administrative
26 Procedure Act), but not before the effective date of the law implemented by the regulation.
27 * Sec. 8. AS 45.48.470, enacted by sec. 4 of this Act, takes effect immediately under
28 AS 01.10.070(c).
29 * Sec. 9. Section 7 of this Act takes effect immediately under AS 01.10.070(c).
30 * Sec. 10. Except as provided by secs. 8 and 9 of this Act, this Act takes effect July 1, 2009.
