Title 40 — Public Records and Recorders
9 chapters · 82 sections in this title.
AS 40.21.010 Purpose.
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The purpose of this chapter is to provide for the orderly management of current state and local public records and to preserve noncurrent public records of permanent value for study and research.
AS 40.21.020 Archival and records management program creation and administration.
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There is established in the Department of Education and Early Development the Alaska State Archives. The department shall establish and administer a state archives and records management program. To implement the program and head the Alaska State Archives, the department shall cr…
AS 40.21.030 Duties of the state archivist.
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(a) In order to carry out the archival program, the state archivist shall (1) negotiate for, acquire, and receive public records of permanent value including public records of the state and political subdivisions of the state and of defunct public agencies; (2) establish and oper…
AS 40.21.040 Gifts, bequests, or endowments of money.
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Gifts, bequests, or endowments of money shall be deposited in a separate account in the general fund and may be invested in a manner not inconsistent with the investment of other state funds. Proceeds of invested funds shall be used to carry out the purposes for which the money w…
AS 40.21.050 Regulations.
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The department shall adopt regulations necessary to carry out the purposes of this chapter.
AS 40.21.060 Duties of chief executive officers of state agencies.
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The chief executive officer of each state agency shall (1) make and preserve public records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency, and designed to furnish the informat…
AS 40.21.070 Records management for local records.
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The governing body of each political subdivision of the state shall promote the principles of efficient records management for local public records kept in accordance with state law. The governing body shall, as far as practical, follow the program established for the management …
AS 40.21.080 Disposal of public records by political subdivision.
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An official of a political subdivision of the state having legal custody of public records that are considered by the official to be without legal or administrative value or historical interest may compile lists of these records sufficiently detailed to identify them and submit t…
AS 40.21.090 Transfer of public records of political subdivision to department.
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The governing body of a political subdivision of the state may authorize the transfer to the department of records that have legal, administrative, or historical value but that are not required for the transaction of current business. The official of the political subdivision hav…
AS 40.21.100 Assistance to legislative and judicial branches.
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Upon request, the department shall assist in the establishment of records management programs in the legislative and judicial branches of the state government and shall provide program services similar to those available to the executive branch of state government.
AS 40.21.110 Care of records.
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Except for public records lawfully in the possession of a person other than the state, public records of existing or defunct agencies of the state, territorial, and Russian governments in Alaska are the property of the state and shall be created, maintained, preserved, stored, tr…
AS 40.21.120 Standards of clarity, accuracy, and permanency of copies.
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When a public officer performing duties under this chapter is required or authorized by law to record, copy, recopy, or replace any public record, the officer may do so by photostatic, photographic, microphotographic, microfilm, or other mechanical or optical disk imaging system …
AS 40.21.130 Alteration and replacement of public records.
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An original public record that is worn or damaged may be replaced by a reproduction made in accordance with this chapter. Certification by the agency having custody of the record that the replacement is a true and correct copy of the original shall appear at the end of the reprod…
AS 40.21.140 Use of copies and replacements as evidence.
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Article 2. General Provisions. Reproductions or replacements of records made under this chapter are considered original records for all purposes and are admissible in evidence as original records.
AS 40.21.150 Definitions.
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In this chapter, unless the context otherwise requires, (1) “agency” or “state agency” means a department, office, agency, state board, commission, public corporation, or other organizational unit of or created under the executive branch of the state government; the term does not…
AS 40.25.100 Disposition of tax information.
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(a) Information in the possession of the Department of Revenue that discloses the particulars of the business or affairs of a taxpayer or other person, including information under AS 38.05.020(b)(11) that is subject to a confidentiality agreement under AS 38.05.020(b)(12), is not…
AS 40.25.105 Disclosure of information for compliance with the tobacco product Master Settlement Agreement.
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(a) Notwithstanding the provisions of AS 40.25.100(a), the Department of Revenue may disclose information submitted to the Department of Revenue relating to cigarette and tobacco products, cigarette and tobacco product manufacturers, and cigarette and tobacco product retailers to…
AS 40.25.110 Public records open to inspection and copying; fees.
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(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 esta…
AS 40.25.115 Electronic services and products.
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(a) Notwithstanding AS 40.25.110(b) — (d) to the contrary, upon request and payment of a fee established under (b) of this section, a public agency may provide electronic services and products involving public records to members of the public. A public agency is encouraged to mak…
AS 40.25.120 Public records; exceptions; certified copies.
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(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 un…
AS 40.25.121 Copies of public records for veterans.
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When a copy of a public record is required by the Department of Military and Veterans' Affairs, the Department of Commerce, Community, and Economic Development, or by the United States Department of Veterans Affairs to be used in determining the eligibility of a person to partici…
AS 40.25.122 Litigation disclosure.
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A public record that is subject to disclosure and copying under AS 40.25.110 — 40.25.120 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving a public age…
AS 40.25.123 Supervision and regulation.
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(a) The Department of Administration shall supervise and adopt regulations for the operation and implementation of AS 40.25.110 — 40.25.140 by public agencies in the executive branch, except the Alaska Railroad Corporation. (b) The legislative council shall supervise and adopt pr…
AS 40.25.124 Appeals.
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A person may appeal to the superior court the final administrative order made by a public agency under AS 40.25.110 — 40.25.140.
AS 40.25.125 Enforcement: injunctive relief.
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A person having custody or control of a public record who denies, obstructs, or attempts to obstruct, or a person not having custody or control who aids or abets another person in denying, obstructing, or attempting to obstruct, the inspection of a public record subject to inspec…
AS 40.25.140 Confidentiality of library records.
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(a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under …
AS 40.25.151 Confidentiality of retirement records.
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(a) Except as provided in (b) — (d) of this section, public records, including electronic services and products involving public records, containing information about a person and maintained under AS 14.25, AS 22.25, AS 26.05.222 — 26.05.229, AS 39.35, or former AS 39.37 shall be…
AS 40.25.220 Definitions for AS 40.25.100 — 40.25.295.
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In AS 40.25.100 — 40.25.295, 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 th…
AS 40.25.295 Short title.
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Article 2. Personal Information in State Public Records. AS 40.25.100 — 40.25.295 may be cited as the Alaska Public Records Act.
AS 40.25.300 Notice regarding personal information.
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(a) When a state agency requests personal information that may be included in a public record directly from the person who is the subject of the information, the agency shall give the person a written notice at the time of the request that states (1) the name and address of the a…
AS 40.25.310 Information accuracy and completeness.
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(a) A person who is the subject of personal information that is maintained by a state agency and subject to public disclosure under AS 40.25.110 — 40.25.140 may challenge the accuracy or completeness of the personal information. (b) To challenge the accuracy or completeness of pe…
AS 40.25.350 Definitions.
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In AS 40.25.300 — 40.25.350, (1) “person” means an individual; (2) “personal information” means information that can be used to identify a person and from which judgments can be made about a person's character, habits, avocations, finances, occupation, general reputation, credit,…