Legislature(2005 - 2006)BELTZ 211

03/22/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SJR 8 CONST. AM: PERMANENT FUND P.O.M.V. TELECONFERENCED
Heard & Held
*+ SJR 14 REPEAL FEDERAL ESTATE TAX TELECONFERENCED
Moved SJR 14 Out of Committee
+ SB 24 REEMPLOYMENT OF RETIREES TELECONFERENCED
Heard & Held
*+ SB 143 STATE INFO SYSTEM PLAN: LEGISLATURE TELECONFERENCED
Heard & Held
+ HB 90 STATE TREASURY WARRANTS TELECONFERENCED
Moved HB 90 Out of Committee
+ HB 97 OATHS; NOTARIES PUBLIC; STATE SEAL TELECONFERENCED
Moved SCS CSHB 97(STA) Out of Committee
Bills Previously Heard/Scheduled
           SB 143-STATE INFO SYSTEM PLAN: LEGISLATURE                                                                       
                                                                                                                                
4:40:08 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT announced SB 143  to be up for consideration. He                                                               
informed  members this  legislation springs  from the  discussion                                                               
the committee had with regard  to Executive Order 113 relating to                                                               
information  technology (IT)  functions. He  asked Ms.  Brakes to                                                               
introduce the bill.                                                                                                             
                                                                                                                                
4:40:30 PM                                                                                                                    
                                                                                                                                
HEATHER BRAKES, Staff to Senator Therriault and to the Senate                                                                   
State Affairs Committee, read the following into the record:                                                                    
                                                                                                                                
     Under  art. III,  sec. 23  of the  Alaska Constitution,                                                                    
     the Governor  may, by executive order,  make changes in                                                                    
     the  organization  of  the  executive  branch.  As  the                                                                    
     committee might remember, it  received an overview from                                                                    
     the Administration  on Executive  Order 113,  which, in                                                                    
     effect,  dissolves  the Telecommunications  Information                                                                    
     Council and  transferred the powers  and duties  of the                                                                    
     Council  to  the  commissioner  of  the  Department  of                                                                    
     Administration.    The   legislature  under  that  same                                                                    
     provision has 60 days to  consider the order. The order                                                                    
     subsequently took  effect March  14. The  definition of                                                                    
     'state  agency' as  currently defined  under the  order                                                                    
     includes the legislature and,  in doing so, effectively                                                                    
     places  the legislative  branch under  the jurisdiction                                                                    
     of   the   executive   branch    as   it   relates   to                                                                    
     telecommunications operations.                                                                                             
                                                                                                                                
     SB  143  removes  the   legislative  branch  from  that                                                                    
     definition  and sets  the  legislature  apart from  the                                                                    
     executive branch.                                                                                                          
                                                                                                                                
     Mr. Chairman,  Karla Schofield, the deputy  director of                                                                    
     the  Legislative Affairs  Agency  and Curtis  Clothier,                                                                    
     the  manager of  Data  Processing for  the agency,  are                                                                    
     both here  to speak to  the specific provisions  of the                                                                    
     bill  and the  proposed amendment  that members  should                                                                    
     have before them. Just one  further point, if you would                                                                    
     turn to  page 11  on the executive  order, line  20, it                                                                    
     appears the  word 'under' is  missing so that  the line                                                                    
     would  read 'transferred  under  this  order.' So  that                                                                    
     might  be   something  the  committee   might  consider                                                                    
     sending a  memo to  the legislative attorneys  to bring                                                                    
     to their attention.                                                                                                        
                                                                                                                                
4:43:34 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT asked Ms. Schofield to come forward.                                                                           
                                                                                                                                
KARLA  SCHOFIELD, Deputy  Director,  Legislative Affairs  Agency,                                                               
stated support  for SB 143. The  passage of SB 143  would reflect                                                               
how  the Legislature  actually operates  within the  state's data                                                               
processing community  and would allow the  legislative branch the                                                               
same autonomy as the judicial branch.                                                                                           
                                                                                                                                
The  Legislative  Affairs Agency  has  always  had a  cooperative                                                               
relationship with data processing  services within the Department                                                               
of Administration and  SB 143 would allow the  agency to continue                                                               
to work with, but not be under the department.                                                                                  
                                                                                                                                
The Legislative Affairs Agency has  its own data processing group                                                               
and  it makes  its  own  long and  short-range  goals, which  are                                                               
approved  by  the  Legislative Council  IT  subcommittee.  It  is                                                               
important for the  agency to have the flexibility  to develop its                                                               
own programs  because legislative  branch goals  sometimes differ                                                               
from those  that the executive  branch might have for  the entire                                                               
state.                                                                                                                          
                                                                                                                                
4:45:29 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT asked  Ms. Schofield if she had  comments on the                                                               
proposed amendment.                                                                                                             
                                                                                                                                
MS.   SCHOFIELD  replied   the  agency   supports  the   proposed                                                               
amendment. It  is similar  to the  public records  law procedures                                                               
that the agency follows and the Legislative Council oversees.                                                                   
                                                                                                                                
CHAIR THERRIAULT introduced Amendment 1, labeled F.1.                                                                           
                                                                                                                                
                                                      24-LS0746\F.1                                                             
                                                            Craver                                                              
                                                           3/22/05                                                              
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  SB 143                                                                                                                
                                                                                                                                
                                                                                                                                
Page 1, following line 4:                                                                                                       
     Insert a new bill section to read:                                                                                         
   "* Section 1.  AS 24.20 is  amended by adding a new section to                                                           
read:                                                                                                                           
          Sec. 24.20.055.  Information systems.  The executive                                                                
     director of  the Legislative Affairs Agency  shall establish                                                               
     information  systems guidelines  and  prepare a  short-range                                                               
     and long-range information systems  plan for the legislative                                                               
     branch.  The guidelines  and  plan must  be  adapted to  the                                                               
     special  needs of  the legislative  branch as  determined by                                                               
     the  Alaska  Legislative Council  and,  when  it is  in  the                                                               
     agency's    best     interest,    consistent     with    the                                                               
     telecommunications information  guidelines and  plan adopted                                                               
     by the  commissioner of administration under  AS 44.21.350 -                                                               
     44.21.390."                                                                                                                
                                                                                                                                
Page 1, line 5:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
SENATOR ELTON questioned why the  amendment directs the executive                                                               
director  of  the  agency  and not  the  Legislative  Council  to                                                               
establish the plan.                                                                                                             
                                                                                                                                
CHAIR  THERRIAULT acknowledged  it could  read, "The  Legislative                                                               
Council  shall establish..."  and the  executive director  of the                                                               
agency would probably fulfill that role.                                                                                        
                                                                                                                                
SENATOR ELTON said it would then  be the designee of the Council.                                                               
He suggested  that would take  care of  a situation in  which the                                                               
executive director's position were vacant.                                                                                      
                                                                                                                                
CHAIR THERRIAULT asked Mr. Clothier to come forward.                                                                            
                                                                                                                                
CURTIS  CLOTHIER, Data  Processing  Manager, Legislative  Affairs                                                               
Agency, stated support for SB  143. He said the existing language                                                               
is  dated  and  needs  to  be  cleaned  up  to  reflect  reality.                                                               
Legislative Affairs  is in a  separate branch of  government from                                                               
the executive branch  and as such the data  processing section in                                                               
the  agency  has  its  own  plans and  procedures  and  has  been                                                               
purchasing its  own equipment, supplies and  materials. They work                                                               
closely with  the executive branch  and serve jointly  on several                                                               
committees  and  work  groups.  With   passage  of  SB  143  that                                                               
relationship wouldn't change;  it would merely put  the agency on                                                               
the same footing as the judicial branch.                                                                                        
                                                                                                                                
4:49:43 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT  said Ms.  Brakes pointed  out that  the drafter                                                               
patterned this language after the  language used in the Executive                                                               
Order page 2, line 17.                                                                                                          
                                                                                                                                
MR.  CLOTHIER said  he understands  Senator Elton's  concern that                                                               
the executive director could be  gone for an extended period, but                                                               
the opposite  could be  true when  the Legislative  Council chair                                                               
isn't in town or the position is in flux.                                                                                       
                                                                                                                                
CHAIR THERRIAULT  announced that  without objection,  Amendment 1                                                               
was adopted.                                                                                                                    
                                                                                                                                
He noted that  the University of Alaska  requested exemption from                                                               
executive branch  oversight. The Alaska Railroad  Corporation and                                                               
judicial branch  are currently exempt  and the  University argues                                                               
that it is involved with levels  of technology that are above and                                                               
beyond that of the state agencies.                                                                                              
                                                                                                                                
The committee could leave the language  as is and take the matter                                                               
up on the  Senate floor or make that policy  call today. A member                                                               
of the  executive branch told  him that exempting  the University                                                               
is the  Legislature's call, but if  there was a move  to take out                                                               
other quasi-judicial groups  that could cause concern.   He asked                                                               
whether members had a feeling one way or another.                                                                               
                                                                                                                                
4:53:27 PM                                                                                                                    
                                                                                                                                
SENATOR  ELTON  said  there  is  a  beauty  to  centralizing  the                                                               
telecommunications system as much as  possible, but he would like                                                               
to hear  a response  from both the  University and  the executive                                                               
branch.  The larger  issue for  him  is why  the Alaska  Railroad                                                               
Corporation is exempted.                                                                                                        
                                                                                                                                
CHAIR  THERRIAULT held  SB 143  in committee  to await  testimony                                                               
from the University.                                                                                                            

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