SB 249-PUBLIC RECORDS/ELECTRONIC TRANSMISSIONS 1:34:07 PM CHAIR FRENCH announced the consideration of SB 249. The bill was heard previously. MAX HENSLEY, Staff for Senator Johnny Ellis, sponsor of SB 249, offered to answer questions. CHAIR FRENCH reported that he heard SB 249 in a previous committee and his questions were answered at that time. SENATOR COGHILL referred to the fiscal note analysis that said there is no current method to automatically archive data transmitted on instant messages and asked if the sponsor has an answer for that. MR. HENSLEY replied the bill drafter's explanation is that the language that currently exists would not require the Department of Administration (DOA) to make records available that are not currently being stored. But if instant messages were stored in the future, DOA would be required to make those records available. SENATOR COGHILL commented that this will probably force the administration to have a discussion on whether or not to allow instant messages in any decision-making process. 1:37:34 PM ALAN BIRNBAUM, Assistant Attorney General, Information and Project Support Section, Civil Division, Department of Law (DOL), reported that DOL supports what SB 249 attempts to do, but the bill raises significant policy and legal issues. DOL would like to work with the sponsor and the Judiciary Committee to resolve these issues which fall into four categories, he said. MR. BIRNBAUM spoke to the 11 page letter he sent to Senator French on April 2, 2010 detailing these concerns. [A copy is in the bill file.] The first concern, which relates to Sections 4 and 5 of the bill, is that the bill might create substantial unfunded monetary burdens for state and municipal agencies. The second concern, which relates to Sections 1, 2, 3, and 7, is that the definitions in the bill are vague and overly broad. The third concern, which relates to Section 2, is that the intended scope is not clear, could substantially impede state business, and is not appropriate to include in the Alaska Executive Branch Ethics Act. The fourth concern, which relates to Section 6, is that the proposed amendment to the Ethics Act is critically vague. 1:48:08 PM CHAIR FRENCH admonished Mr. Birnbaum for waiting 61 days after the bill was introduced to submit such an extensive, exhaustive letter pointing out problems. He added that if he were the sponsor he'd be smoking mad and asking for a face-to-face conversation with his boss to find out what took so long. "I'm just astonished that this is coming in front of the committee now with 17 days to go in the session," he concluded. SENATOR WIELECHOWSKI noted that the packet did not contain a fiscal note for the exorbitant expenses that supposedly would be incurred by this bill. MR. BIRNBAUM replied DOL is still analyzing the fiscal affects. CHAIR FRENCH noted that the Department of Administration (DOA) submitted a zero fiscal note dated March 22. ANDREA MCLEOD, representing herself, asked the committee to pass SB 249 to stop the practice of using private email accounts for conducting official state business. She said she also supports including any history of using private emails to conduct state business because doing so could correct and clarify ambiguities. She related her experience in making public records requests and finding that state business had been conducted on a private Yahoo account. 1:51:21 PM MS. MCLEOD opined that when doing research and analyzing the legislative intent of a statute, it's important for the history to be concise and clear and to ignore the history does an injustice to the legislative record and Alaskans. She encouraged the committee to help preserve and protect the public's business by passing SB 249 from committee. 1:53:12 PM CHAIR FRENCH asked Mr. Birnbaum by Monday to make concrete and written suggestions that would fix the issues he pointed out so that the committee could move the legislation forward. SENATOR COGHILL said he'd also like to get clear information on private phone records that are digital in the event that they become as egregious as some emails have become SENATOR EGAN expressed concern that DOL waited so long to raise these issues. CHAIR FRENCH announced he would hold SB 249 in committee.