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.