Legislature(2009 - 2010)CAPITOL 106

03/18/2010 08:00 AM STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 394 EXECUTIVE BRANCH RECORDS SECURITY TELECONFERENCED
Moved CSHB 394(STA) Out of Committee
+= HB 53 CANDIDATES INELIGIBLE FOR BDS/COMMISSIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 394-EXECUTIVE BRANCH RECORDS SECURITY                                                                        
                                                                                                                                
8:07:12 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
BILL  NO.  394, "An  Act  relating  to  the data  processing  and                                                               
telecommunications  activities  of  the state;  relating  to  the                                                               
security  of certain  data processing  records  of the  executive                                                               
branch and  making the  Department of  Administration responsible                                                               
for the  security of those  records; and making  the commissioner                                                               
of administration the chief information officer."                                                                               
                                                                                                                                
8:07:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WES KELLER, Alaska  State Legislature, as sponsor,                                                               
introduced  HB 394.   He  said the  ability to  use computers  to                                                               
exchange  information and  cross distances  and time  has changed                                                               
the way people live.   He stated that the primary  goal of HB 394                                                               
is   to  ensure   that  state   records  do   not  get   released                                                               
inappropriately.    The  bill would  put  together  a  management                                                               
system  by which  to  define  the standards  being  used for  the                                                               
security of  various records and  the exchange of  those records.                                                               
He  mentioned some  departments  and the  types  of records  they                                                               
keep.    He  offered  his understanding  that  $400  million  was                                                               
recently  spent  in  the  Department of  Education  to  expand  a                                                               
database which  currently tracks each  student to also  track the                                                               
education of each student.  He  said the bill does not propose to                                                               
define  each individual  database,  but proposes  a situation  in                                                               
which   each  department   would  retain   its  own   information                                                               
technology (IT) system  and a central information  officer in the                                                               
state would be added.                                                                                                           
                                                                                                                                
8:14:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER,  in  response  to Chair  Lynn,  said  the                                                               
state's data  processors tell him  there are  "very sophisticated                                                               
hits on  the information in the  state daily."  In  response to a                                                               
follow-up question, he  said there are no provisions  in the bill                                                               
for backup of  data.  He explained that it  is difficult to write                                                               
a bill regarding technology, because technology changes so fast.                                                                
                                                                                                                                
CHAIR LYNN  clarified that he  wants to know  if there will  be a                                                               
requirement  for records  to  be backed  up,  without naming  the                                                               
method  by  which that  would  be  done.    He talked  about  the                                                               
vulnerability of paper records to fires.                                                                                        
                                                                                                                                
8:17:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER responded  that  the point  made by  Chair                                                               
Lynn is exactly  why he introduced this bill.   He indicated that                                                               
backup standards  should protect  records, but  said HB  394 does                                                               
not  specify how  that  must  be done.    He  clarified that  the                                                               
proposed  legislation  would result  in  a  starting system  upon                                                               
which other efficiencies could later be initiated.                                                                              
                                                                                                                                
8:18:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER reminded the  committee that in 2002, there                                                               
was a security leak, and  the following information of some state                                                               
workers was  leaked:  name,  social security number, and  date of                                                               
birth.    Specifically, a  contractor  with  the state  lost  the                                                               
information.  He offered further details.                                                                                       
                                                                                                                                
REPRESENTATIVE   KELLER  said   HB   394   would  designate   the                                                               
commissioner of  the Department of  Administration as  the person                                                               
to establish  protocols and  standards related  to security.   He                                                               
said the Department of Administration  seemed logical to him, but                                                               
he  said  he  does  not  care which  department,  as  long  as  a                                                               
structure is in place.                                                                                                          
                                                                                                                                
8:21:32 AM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, on  behalf of Representative  Keller, sponsor  of HB
394,  highlighted Section  4, beginning  on page  3, line  28, as                                                               
being the most  important section of the bill.   Everything prior                                                               
to  Section 4,  he explained,  is existing  language in  statute.                                                               
Mr. Pound  said security  breaches in  computer technology  are a                                                               
worldwide problem.   He  said currently  each department  has its                                                               
own security  measures for records, but  the proposed legislation                                                               
would  "establish a  single plan  for  security in  the state  of                                                               
Alaska."  He added that whatever the  plan is, it will have to be                                                               
updated frequently to guard against hackers.                                                                                    
                                                                                                                                
8:23:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   remarked  that  he  had   no  intent  in                                                               
sponsoring HB 394  to demean the standards that  are currently in                                                               
place in the various state departments.                                                                                         
                                                                                                                                
8:24:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  directed attention to language  in the bill                                                               
title, on  page 1, line 3,  which read "making the  Department of                                                               
Administration  responsible".   Next, he  pointed to  language in                                                               
the fiscal note prepared by  Guy Bell, the assistant commissioner                                                               
of the Department of Labor  and Workforce Development, who writes                                                               
that  the proposed  legislation "places  overall authority".   He                                                               
then highlighted that  the fiscal note prepared by  Anna Kim, the                                                               
director of Administrative Services,  says that [HB 394] "allows"                                                               
the   Department  of   Administration   to  create   regulations.                                                               
Finally, he pointed out that  the sponsor statement read that the                                                               
HB 394  "assigns" [the department].   He opined that it  would be                                                               
helpful  to use  the same  word, and  he questioned  whether that                                                               
word should be "designates."                                                                                                    
                                                                                                                                
8:25:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER responded that  the only assigning proposed                                                               
by the bill  is that of the chief information  officer (CIO), who                                                               
would  not be  able to  "access  ... anyone's  ... HIPA  record,"                                                               
because that would be illegal.                                                                                                  
                                                                                                                                
8:26:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention to page  4, line 15,                                                               
which read as follows:                                                                                                          
                                                                                                                                
         (d) The department shall adopt regulations to                                                                          
     implement this section.                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG relayed  that Mr.  Brooks told  him the                                                               
regulations would be adopted  under the Administrative Procedures                                                               
Act, AS  44.62.  He then  directed attention to language  on page                                                               
4, line 29, which  would set a due date for  the first report "on                                                               
January  1  of the  fifth  calendar  year  after this  Act  takes                                                               
effect."  He opined that five years  is a long time to wait for a                                                               
report.  He asked the bill  sponsor what he thinks about changing                                                               
that requirement  to the  third or  fourth year  in order  to get                                                               
progress reports sooner.                                                                                                        
                                                                                                                                
8:27:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said he would  support that.   In response                                                               
to  a follow-up  question,  he  said he  would  appreciate it  if                                                               
Representative  Gruenberg  would  ask   the  department  for  its                                                               
recommendation  regarding   when  the   first  report   could  be                                                               
expected.                                                                                                                       
                                                                                                                                
8:28:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON noted  that HB  394 is  about security  of                                                               
records and proposes that the  department is "responsible for the                                                               
operation   and   management   of   automatic   data   processing                                                               
resources".    He  directed  attention to  language  on  page  4,                                                               
beginning on line  21, which read as follows:                                                                                   
                                                                                                                                
     (1) "data  processing records"  means the  records that                                                                    
     are  produced  or  maintained  by  the  automatic  data                                                                    
     processing  resources  and   activities  of  the  state                                                                    
     agency and that are not  being held by the Alaska State                                                                    
     Archives;                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON  noted that  subsection  (2),  on page  3,                                                               
beginning on  line 3, addresses  management of records,  which is                                                               
under existing  statutes.  He  observed that the new  language in                                                               
Section  4  addresses  only automatic  data  processing  records,                                                               
whereas state agencies currently deal  with records.  He asked if                                                               
that is the intent of the sponsor.                                                                                              
                                                                                                                                
8:29:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER responded that his  intent was "to make the                                                               
protocol standards structure over all  records in the state," and                                                               
he said  he finds  the word  "automatic" confusing.   He  said he                                                               
would like the department to weigh in on that word.                                                                             
                                                                                                                                
CHAIR  LYNN  emphasized the  urgency  of  protecting the  state's                                                               
information.                                                                                                                    
                                                                                                                                
8:31:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked   for  clarification  whether  that                                                               
language   means   that   the   commissioner   will   have   sole                                                               
responsibility or there will be designees involved.                                                                             
                                                                                                                                
REPRESENTATIVE KELLER offered his  understanding that there would                                                               
be a  team of  designees, but that  the responsibility  would lie                                                               
with the commissioner of the Department of Administration.                                                                      
                                                                                                                                
REPRESENTATIVE SEATON explained  that he is trying  to figure out                                                               
if the  wording accomplishes the intent.   He asked if  there are                                                               
other  subsections  addressing  strictly IT  functions  or  other                                                               
duties and powers of the commissioner.                                                                                          
                                                                                                                                
REPRESENTATIVE   KELLER    responded,   "I   assume    it's   the                                                               
comprehensive   description  of   the  responsibilities   of  the                                                               
Department of Administration, and that's worth checking."                                                                       
                                                                                                                                
8:34:29 AM                                                                                                                    
                                                                                                                                
RACHAEL    PETRO,    Deputy     Commissioner,    Department    of                                                               
Administration,  stated that  HB 394  would affect  not only  the                                                               
Department of Administration, but  all the departments within the                                                               
executive branch.   She  said every  department in  the executive                                                               
branch  is  subject  to  different  federal  requirements.    For                                                               
example,  the Department  of Public  Safety manages  the criminal                                                               
justice information  system, which  has specific FBI  policies it                                                               
must follow, and both the  Department of Health & Social Services                                                               
and  the   Division  of  Retirement   and  Benefits   within  the                                                               
Department of Administration must  adhere to the Health Insurance                                                               
Portability  and Accountability  Act  (HIPA).   Essentially,  she                                                               
related, departments are  concerned that the provision  in HB 394                                                               
would somehow put them out of  compliance with federal laws.  For                                                               
that reason, she said, the administration  is not ready to take a                                                               
position on  the proposed legislation,  but is very  committed to                                                               
working  with Representative  Keller to  insure that  the various                                                               
requirements are accommodated.                                                                                                  
                                                                                                                                
8:36:19 AM                                                                                                                    
                                                                                                                                
MS.  PETRO  said  she  would  provide  an  update  of  where  the                                                               
administration  is  regarding   the  implementation  of  security                                                               
procedures  and  policies on  a  statewide  basis, and  how  that                                                               
relates directly to  Section 4 of the proposed  legislation.  She                                                               
reminded the committee  about the passage of House  Bill 65 years                                                               
ago, which  was the Personal  Information Protection  Act (PIPA).                                                               
That bill, along with the  initiatives and efforts that ensued in                                                               
the  Department of  Administration and  throughout the  executive                                                               
branch provided further impetus  to identify information security                                                               
officers and  computer security  designees within  each executive                                                               
branch agency, as a means of  ensuring that each department has a                                                               
focus  on  securing its  information  system.   She  stated  that                                                               
essentially,  the  information  security  officers  and  computer                                                               
security  designees  within  each department  provide  the  basic                                                               
security  infrastructure  within   each  department  for  ongoing                                                               
security initiative.  She said  the information security officers                                                               
are designated by each department's commissioner.                                                                               
                                                                                                                                
MS.  PETRO  stated that  security  awareness  and best  practices                                                               
training is  currently under development through  a contract with                                                               
the University  of Memphis, and  on line training  for department                                                               
information  security  officers   (ISOs)  and  computer  security                                                               
designees  (CSDs) is  expected to  be available  about this  time                                                               
next  year.    Eventually,  all   state  employees,  as  well  as                                                               
political  subdivisions  of  the  state will  be  able  to  avail                                                               
themselves  of  this training.    Currently,  she said,  security                                                               
policies and procedures are in  place, but the Security Office of                                                               
the   Enterprise   Technology   Services  Division   within   the                                                               
Department  of  Administration  is currently  working  to  update                                                               
those security  policies.  The  policies, she related,  are based                                                               
on  the  Information  Technology  Infrastructure  Library  (ITIL)                                                               
standard.   She added  that ITIL  is the  industry leader  for IT                                                               
best practices.   Ms.  Petro stated that  these policies  will be                                                               
disseminated  through department  information security  officers,                                                               
and,  at that  point, they  will be  reviewed and  discussion may                                                               
result in  policy modification to address  conflict with existing                                                               
department business  practice, as  well as  specific requirements                                                               
of different departments.                                                                                                       
                                                                                                                                
MS. PETRO  stated that the next  step will be to  put auditing in                                                               
place, to  ensure that  everyone involved  is complying  with the                                                               
security  policies.    The  department   is  in  the  process  of                                                               
developing  those tools,  and will  be implementing  that process                                                               
first within the Department of Administration.                                                                                  
                                                                                                                                
8:39:25 AM                                                                                                                    
                                                                                                                                
MS. PETRO addressed previously stated  concerns of the committee.                                                               
First,  regarding Representative  Gruenberg's  concern about  the                                                               
time frame for reporting, she said  she thinks two to three years                                                               
would be  acceptable, given the department's  current progress in                                                               
implementing  policies  and  procedures, which,  she  added,  are                                                               
being designed  to allow each  department to modify to  fit their                                                               
business  needs.     In   response  to   Representative  Seaton's                                                               
previously  expressed   concern  about  definitions,   Ms.  Petro                                                               
related  that  the  department  heard from  at  least  one  other                                                               
department that  is also  concerned about  the definitions.   She                                                               
said the  definitions definitely  need to be  "cleaned up."   She                                                               
noted that in 20 years the  state will not be talking about paper                                                               
documents -  all technology will  be computerized.  She  said the                                                               
department  would  be  happy  to   work  with  the  bill  sponsor                                                               
regarding  the definitions  and  "how they  relate."   Ms.  Petro                                                               
offered to answer questions.                                                                                                    
                                                                                                                                
8:40:50 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN asked  if there is any  language in the bill  as it is                                                               
currently drafted that would cause problems for the department.                                                                 
                                                                                                                                
MS.  PETRO, in  response,  reiterated that  the department  would                                                               
like to work with the bill  sponsor and the departments to ensure                                                               
that there is no problematic language,  and would prefer to do so                                                               
"before the bill is passed."                                                                                                    
                                                                                                                                
CHAIR LYNN  restated the urgency  of passing legislation  on this                                                               
issue.                                                                                                                          
                                                                                                                                
8:43:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO,  regarding the  fiscal note from  Guy Bell,                                                               
directed attention  to the last  sentence of the  analysis, which                                                               
read as follows:                                                                                                                
                                                                                                                                
         The cost to the department's business units of                                                                         
     complying with any new policies derived as a result of                                                                     
     this legislation is indeterminate.                                                                                         
                                                                                                                                
REPRESENTATIVE  GATTO observed  that the  amount for  fiscal year                                                               
2011 (FY  11) shows as  zero, as if it  could be determined.   He                                                               
asked if there is some way  to make the fiscal note "reflect more                                                               
accurately what the cost of this activity will be."                                                                             
                                                                                                                                
8:44:51 AM                                                                                                                    
                                                                                                                                
MS.  PETRO   responded  that  currently  state   departments  are                                                               
required  to follow  statewide security  policies,  which is  the                                                               
cost of  doing business.  She  said there may be  some changes in                                                               
the future, but "it is part of what  we do every day today."  She                                                               
said  although there  may be  future,  discreet, specific  budget                                                               
requests  "related to  the items,"  she does  not anticipate  any                                                               
additional costs  associated with the newer,  updated policies to                                                               
come.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GATTO  asked if Ms.  Petro believes  that "putting                                                               
all the information in the  hands of one department" will enhance                                                               
or diminish security.  He pointed  out that if a hacker gets into                                                               
the system, he/she may get more information in one attempt.                                                                     
                                                                                                                                
MS. PETRO  answered that  the proposed  legislation would  not do                                                               
anything to consolidate databases  that are centered on different                                                               
departments and  divisions of  state government.   In  Section 4,                                                               
she  said, the  proposed  bill outlines  that  the Department  of                                                               
Administration,  through   the  CIO,  would  develop   and  adopt                                                               
standards, policies,  and procedures.  She  said current policies                                                               
are  being updated.   Regarding  security  philosophy, Ms.  Petro                                                               
stated that the department subscribes  to the view of security in                                                               
depth.   She  said there  are  varying strategies  related to  IT                                                               
infrastructures, and she indicated that  in-depth strategy is the                                                               
industry standard.                                                                                                              
                                                                                                                                
8:47:22 AM                                                                                                                    
                                                                                                                                
KEVIN BROOKS, Deputy  Commissioner, Department of Administration,                                                               
stated that it  is important to remember that the  state has been                                                               
spending a  significant amount  of money in  the last  five years                                                               
reinforcing its  data networks.   He said each department  is the                                                               
keeper of  its own data, whether  paper or digitized.   The State                                                               
Archives has rules regarding how  paper documents are stored.  He                                                               
said  the words  "automatic  data processing"  were probably  put                                                               
into statute in  the 1970s when "punch cards" were  still in use.                                                               
Mr. Brooks  said the  Department of  Administration is  trying to                                                               
secure  the  state's wide  area  network,  into which  all  state                                                               
agencies join.  Then those  departments have their own local area                                                               
networks.   He said even the  legislature is part of  the state's                                                               
wide area network.   He said the department is  working to secure                                                               
that infrastructure,  but it is  a collaborative effort  with all                                                               
the other departments.  Regarding  the indeterminate fiscal note,                                                               
he stated, "Responses to real  threats in the future could result                                                               
in ... responses by the state  and state agencies that could cost                                                               
money, and  I think it's  indeterminate because it's  just really                                                               
unknown at this time what you might be looking at."                                                                             
                                                                                                                                
8:49:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention to language  on page 4,                                                               
lines 4-6, which read as follows:                                                                                               
                                                                                                                                
          (b) The department shall                                                                                              
         (1)   develop,    implement,   and   maintain                                                                          
      policies to ensure that data processing records are                                                                       
     secure from unlawful release;                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON asked  if the department is  doing that now                                                               
or  if each  individual department  currently is  required to  do                                                               
that, but under HB 394  the Department of Administration would be                                                               
responsible.                                                                                                                    
                                                                                                                                
8:50:36 AM                                                                                                                    
                                                                                                                                
MS.  PETRO confirmed  that the  Department  of Administration  is                                                               
doing that  now, because  the baseline  policies that  govern the                                                               
state's  wide  area  network  and   all  departments  within  the                                                               
executive branch are dependent upon  that network.  She explained                                                               
the reason she had mentioned  House Bill 65 previously is because                                                               
that  bill was  a direct  impetus that  helped the  Department of                                                               
Administration organize  other departments and ensure  that there                                                               
are  information  security officers  key  in  each department  to                                                               
ensure  that  those  departments  follow the  area  wide  network                                                               
requirements, as well as their own business requirements.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON directed attention  to the ensuing language                                                               
on page 4, lines 7-9, which read as follows:                                                                                    
                                                                                                                                
               (2) define the responsibilities for the                                                                          
     security of  the data processing records  of each state                                                                    
     agency, communicate  the responsibilities to  the state                                                                    
     agency,  and  coordinate   the  responsibilities  among                                                                    
     state agencies; and                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  asked, "Would that be  expanded under this                                                               
bill  beyond  what you're  doing  currently  with the  wide  area                                                               
network?"                                                                                                                       
                                                                                                                                
MS. PETRO said she does  not think the department's efforts would                                                               
be expanded beyond what is currently being done.                                                                                
                                                                                                                                
REPRESENTATIVE SEATON  said he presumes  the answer would  be the                                                               
same regarding paragraph (3), which read as follows:                                                                            
                                                                                                                                
               (3) establish procedures for maintaining the                                                                     
     security  of the  data processing  records and  provide                                                                    
     training for  stage agency  personnel to  implement the                                                                    
     procedures.                                                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON  returned  to  the  term  "automatic  data                                                               
processing"  in Section  4,  and  asked, "Do  you  see that  your                                                               
currently responsibility  - what  you're doing -  is encompassing                                                               
that, or  do you see  your current responsibility as  larger than                                                               
that for automatic data processing ... resources?"                                                                              
                                                                                                                                
MS.  PETRO  answered  that  she  foresees  no  expansion  of  the                                                               
department's responsibilities under Section 4 of HB 394.                                                                        
                                                                                                                                
8:53:40 AM                                                                                                                    
                                                                                                                                
MS.  PETRO, in  response to  Representative Gruenberg,  confirmed                                                               
that  the department  would be  able to  handle a  requirement to                                                               
file a first report in two years.                                                                                               
                                                                                                                                
8:54:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  noted that under  HB 394, the  five years                                                               
is  given  as  the  deadline  for the  first  report  only;  each                                                               
subsequent  report would  be due  every two  years.   He said  he                                                               
wonders  if the  reason  for that  is to  give  the department  a                                                               
chance to put a new system in place.                                                                                            
                                                                                                                                
REPRESENTATIVE GRUENBERG  said that  is probably the  reason, but                                                               
he wants to the report to be produced sooner.                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON  asked Ms.  Petro if  "this" would  in any                                                               
way  remove  accountability  from  the  department  for  its  own                                                               
security and place that on the administration.                                                                                  
                                                                                                                                
8:55:29 AM                                                                                                                    
                                                                                                                                
MS. PETRO prefaced  her answer by saying she is  not an attorney.                                                               
She reiterated  that Section 4,  as currently written,  would not                                                               
expand the responsibilities of  the Department of Administration,                                                               
which   is   currently   working   collaboratively   with   other                                                               
departments  out  of necessity.    She  stated, "The  information                                                               
technology infrastructure  on which  every department  builds its                                                               
specific  business  systems  to  meet  ...  the  needs  of  their                                                               
constituents  are reliant  on what  we  do at  the Department  of                                                               
Administration.  We are intertwined."                                                                                           
                                                                                                                                
REPRESENTATIVE  JOHNSON  clarified  that   he  is  talking  about                                                               
accountability, not responsibility.                                                                                             
                                                                                                                                
MS.  PETRO  said  she  thinks with  the  development  of  updated                                                               
policies and standards will come  additional accountability.  She                                                               
reiterated that the updating is already taking place.                                                                           
                                                                                                                                
8:58:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  referred to  the  final  sentence in  the                                                               
fiscal  analysis  written by  Anna  Kim,  which read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Additionally, with  the Commissioner  of Administration                                                                    
     fulfilling  the role  of  Enterprise  CIO, each  agency                                                                    
     head   will    lose   the   critical    and   important                                                                    
     responsibility for  department data  storage, security,                                                                    
     and protocols.                                                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  asked  Ms.  Petro  if  there  is  just  a                                                               
philosophical  agreement "as  to  whether that's  correct in  the                                                               
fiscal note."                                                                                                                   
                                                                                                                                
MS.  PETRO  reiterated that  there  are  different concerns  from                                                               
different departments that need to  be addressed.  The department                                                               
needs  to  work  with  the  sponsor  to  ensure  that  everyone's                                                               
concerns are addressed.                                                                                                         
                                                                                                                                
9:00:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  directed  attention to  Section  3  and                                                               
questioned if there might be an issue of separation of powers.                                                                  
                                                                                                                                
9:00:56 AM                                                                                                                    
                                                                                                                                
CLYDE  "ED"  SNIFFEN,  JR., Senior  Assistant  Attorney  General,                                                               
Commercial/Fair  Business  Section, Civil  Division  (Anchorage),                                                               
Department of Law, said he does  not have an answer at this time,                                                               
but  will look  into that.    Notwithstanding that,  he said  his                                                               
initial reaction  is that  he does  not think  there is  an issue                                                               
related to the separation of powers.                                                                                            
                                                                                                                                
9:01:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked Mr. Sniffen  if the Department of Law                                                               
has any  of the  same concerns that  the Department  of Education                                                               
has expressed.                                                                                                                  
                                                                                                                                
9:01:32 AM                                                                                                                    
                                                                                                                                
MR. SNIFFEN answered no.   He concurred with Ms. Petro's previous                                                               
statement   that  the   bill  would   not  expand   any  of   the                                                               
responsibilities  currently  in  place   for  the  Department  of                                                               
Administration,  and he  said he  is  unsure how  the bill  would                                                               
affect the  Department of  Education's role  in continuing  to do                                                               
what  is necessary  to protect  its  information.   He said  just                                                               
because he does  not understand the concern of  the Department of                                                               
Education does  not mean there is  no reason for it,  and he said                                                               
it would  be interesting to  find out what  that concern is  in a                                                               
little more detail.                                                                                                             
                                                                                                                                
9:02:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON   offered  his  understanding   that  Mr.                                                               
Sniffen questioned  the separation of  powers issue.   He stated,                                                               
"This  clearly  says  agencies mean  agencies  of  the  executive                                                               
branch."  He  said the Department of Law is  an executive branch,                                                               
and he  asked, "We're  not thinking about  the court  system here                                                               
are we?"                                                                                                                        
                                                                                                                                
MR. SNIFFEN  answered that is correct,  which is why he  does not                                                               
think  there  is  a  problem  "with  this  language  here."    He                                                               
explained that  he just has  not had a  chance to talk  about the                                                               
issue much.                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON  asked for  confirmation that  "it doesn't                                                               
include the legislature either," only the executive branch.                                                                     
                                                                                                                                
MR. SNIFFEN answered that is correct.                                                                                           
                                                                                                                                
9:03:09 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
9:03:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  expressed concern that Section  3 seems to                                                               
be dealing  only with  automatic data  processing resources.   He                                                               
opined  that if  the  bill is  trying  to coordinate  activities,                                                               
Section  3 should  list all  the pieces  of information  that are                                                               
intended.  In response to Chair Lynn,  he said he is not ready to                                                               
offer an amendment without further consideration of the matter.                                                                 
                                                                                                                                
9:05:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, as follows:                                                                
                                                                                                                                
     Page 4, line 29:                                                                                                           
          Delete "fifth"                                                                                                        
          Insert "second"                                                                                                       
                                                                                                                                
9:05:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON suggested that  the requirement on page 4,                                                               
line 29, could  be deleted, since there is  already a requirement                                                               
[in subsection  (e), on page 4,  lines 16-19] for a  report to be                                                               
submitted every two years.                                                                                                      
                                                                                                                                
9:05:44 AM                                                                                                                    
                                                                                                                                
MS. PETRO said Representative Johnson's suggestion would work.                                                                  
                                                                                                                                
9:05:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  his  understanding  that  the                                                               
sponsor nodded his head in response.                                                                                            
                                                                                                                                
9:06:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Amendment 1.                                                                                  
                                                                                                                                
9:06:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, as follows:                                                                
                                                                                                                                
     Page 4, lines 26-30:                                                                                                       
          Delete Section 5                                                                                                      
                                                                                                                                
[Amendment 2 was treated as adopted.]                                                                                           
                                                                                                                                
9:07:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO moved  to report HB 394, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  394(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     

Document Name Date/Time Subjects
01 HB0394A.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
02 HB 394 Sponsor.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
03 HB394 IBM.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
04 HB 394 Archive info.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
05 HB 394 software options.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
06 HB394-DOA-ETS-03-15-10.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
01 HB 53- Bill.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
02 HSTA - HB 53 Sponsor Statement.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
03 HB053-OOG-EO-01-22-10.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
04 HSTA - HB 53 Sectional Analysis.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
05 HSTA - HB 53 Leg. Research Report.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
06 HSTA - HB 53 Back Up Charts.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
07 HSTA - HB 53 Statutues Affected by HB 53.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
08 HB 53 - Back Up Report.pdf HSTA 1/28/2010 8:00:00 AM
HSTA 3/18/2010 8:00:00 AM
HB 53
09 HB 53 - Back Up Table.pdf HSTA 3/18/2010 8:00:00 AM
HB 53
HB 53- CS.PDF HSTA 3/18/2010 8:00:00 AM
HB 53
HB 53- Legal Memo.PDF HSTA 3/18/2010 8:00:00 AM
HB 53
HB 53- Summary of Changes in CS Version R.PDF HSTA 3/18/2010 8:00:00 AM
HB 53
HB394-DOLWD-CO-03-17-10.pdf HSTA 3/18/2010 8:00:00 AM
HB 394
HB394-EED-ESS-3-17-10.pdf HSTA 3/18/2010 8:00:00 AM
HB 394