AK
Alaska Senate Bill SB38

Alaska 2025-2026 Regular Session

Alaska Senate Bill SB38 Compare Versions

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1111 SENATE BILL NO. 38
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1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
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1515 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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1717 BY SENATOR KAUFMAN
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1919 Introduced: 1/10/25
2020 Referred: Prefiled
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2323 A BILL
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2525 FOR AN ACT ENTITLED
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2727 "An Act establishing the office of information technology; relating to information 1
2828 technology projects undertaken by state agencies; and providing for an effective date." 2
2929 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
3030 * Section 1. AS 44.21 is amended by adding new sections to read: 4
3131 Article 7. Office of Information Technology. 5
3232 Sec. 44.21.600. Office of information technology and chief information 6
3333 officer. The office of information technology is created in the Department of 7
3434 Administration. The director of the office is the chief information officer of the state. 8
3535 Sec. 44.21.610. Duties of office and director. (a) The office shall 9
3636 (1) oversee all information technology services and resources in the 10
3737 executive branch of state government; 11
3838 (2) ensure that information technology services are acquired, and 12
3939 information resources are managed, in a manner that effectively implements standard 13
4040 policies, procedures, security controls, and the business priorities established by 14 34-LS0349\A
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4444 executive branch agencies; 1
4545 (3) promote the effective and efficient design and operation of all 2
4646 major information resources and management processes for the state; 3
4747 (4) oversee the development, implementation, and enforcement of 4
4848 information technology security policies, standards, and practices in all executive 5
4949 branch agencies, contractors of executive branch agencies, and third-party, 6
5050 information-sharing partners of executive branch agencies; 7
5151 (5) employ a chief information security officer to assist the chief 8
5252 information officer; the chief information security officer is chosen by the chief 9
5353 information officer and serves at the pleasure of the chief information officer; 10
5454 (6) develop strategies and specific plans for hiring, training, and 11
5555 professional development to rectify deficiencies in information technology security 12
5656 policies, standards, and practices; 13
5757 (7) identify and inventory all computer equipment owned by the state 14
5858 and determine, in consultation with department heads, the equipment that should be 15
5959 disposed of as surplus property under AS 44.68.110; 16
6060 (8) adopt, fully document, and implement a standardized process for 17
6161 managing information technology projects; 18
6262 (9) manage information technology projects using a standardized, fully 19
6363 documented process established and overseen by the director as described in 20
6464 AS 44.21.630; 21
6565 (10) ensure that major information technology projects are completed 22
6666 on time and within budget and meet all defined business requirements upon 23
6767 completion; 24
6868 (11) ensure that minor information technology projects follow 25
6969 processes established by the office; 26
7070 (12) establish procedures to limit the need for change requests. 27
7171 (b) The director shall review, approve or reject, and monitor all information 28
7272 technology projects undertaken by a state agency. The director may approve an 29
7373 information technology project 30
7474 (1) that conforms to project management procedures and policies; 31 34-LS0349\A
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7878 (2) that does not duplicate a capability already existing in the state; 1
7979 (3) that conforms to procurement rules and policies; and 2
8080 (4) for which sufficient funds are available. 3
8181 (c) The director shall ensure that state agency information technology project 4
8282 requirements are documented in biennial information technology plans. If a state 5
8383 agency updates a biennial information technology plan to add a new project, the 6
8484 director shall immediately report to the office of management and budget the reasons 7
8585 for the new requirement and the costs and funding sources associated with the new 8
8686 requirement. 9
8787 (d) The director may adopt regulations that the director considers necessary to 10
8888 implement AS 44.21.600 - 44.21.660. 11
8989 Sec. 44.21.620. Approval, suspension, and cancellation of projects. (a) A 12
9090 state agency may not begin an information technology project unless the director 13
9191 approves the project. If the director rejects a proposed information technology project, 14
9292 the director shall indicate the specific reasons the project was rejected in writing. The 15
9393 director shall, within five business days after rejecting a project, deliver the written 16
9494 rejection to the state agency and provide a copy of the rejection to the office of 17
9595 management and budget. 18
9696 (b) The director may suspend or cancel an information technology project that 19
9797 does not continue to meet applicable quality assurance standards. The director shall 20
9898 immediately suspend or cancel an information technology project that is initiated 21
9999 without the director's approval. A project suspended or canceled because the project 22
100100 lacks the director's approval may not proceed until the state agency completes all 23
101101 required project management documentation and the director approves the project. If 24
102102 the director suspends or cancels a project, the director shall, within five business days 25
103103 after ordering the suspension or cancellation, provide in writing to the state agency 26
104104 and the office of management and budget the specific grounds for the suspension or 27
105105 cancellation of the project. 28
106106 (c) A state agency may request that the governor review the director's decision 29
107107 to reject, suspend, or cancel an information technology project, or the director's 30
108108 decision not to enter into an agreement under AS 44.21.650, by submitting a written 31 34-LS0349\A
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112112 request for review to the governor within 15 business days after receiving written 1
113113 notice of the director's decision. The agency's request for review must specify the 2
114114 grounds for the disagreement with the director's determination and include a copy of 3
115115 the director's written notice. The governor may request additional information from 4
116116 the agency or the director. Within 30 days after receiving the agency's request for 5
117117 review, the governor shall provide written notice to the agency and the director of the 6
118118 governor's decision and the specific grounds for the decision. The governor may 7
119119 (1) affirm the director's decision; 8
120120 (2) reverse or modify the director's decision if the governor finds that 9
121121 the decision is not supported by substantial evidence; or 10
122122 (3) remand the decision to the director for additional findings. 11
123123 (d) A contract between a state agency and a private entity for an information 12
124124 technology project must include provisions for vendor performance review and 13
125125 accountability, contract suspension or termination, and termination of funding. The 14
126126 director may require that a contract with a private entity include a performance bond, 15
127127 monetary penalties, or other performance assurance measures for a project that is not 16
128128 completed within the specified time or that exceeds the contracted price. The director 17
129129 may use cost savings realized on government vendor partnerships as performance 18
130130 incentives for an information technology vendor. 19
131131 Sec. 44.21.630. Project management. (a) The director shall establish 20
132132 standardized documentation requirements for information technology projects, 21
133133 including requests for proposals and contracts. The director shall establish standards 22
134134 for project managers and project management assistants. The director shall develop 23
135135 performance measures for project reporting and make project reports available to the 24
136136 public on the office's Internet website. 25
137137 (b) The director shall establish a clearly defined, standardized process for 26
138138 project management that includes timelines for completion of process requirements for 27
139139 both the office and state agencies. The director shall also establish reporting 28
140140 requirements for information technology projects during the planning, development, 29
141141 and implementation phases of the project and following completion of the project. The 30
142142 director shall continue to monitor system performance and financial aspects of each
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147147 project after implementation. 1
148148 (c) For a major information technology project, the director shall designate a 2
149149 project manager from the office. The project manager shall select qualified personnel 3
150150 from the state agency undertaking the project to participate in information technology 4
151151 project management, implementation, testing, and other activities. The project 5
152152 manager shall provide periodic reports to the director. The reports must include 6
153153 information regarding the state agency's business requirements, applicable laws and 7
154154 regulations, project costs, issues related to hardware and software, training, projected 8
155155 and actual completion dates, and other information relevant to the implementation of 9
156156 the information technology project. 10
157157 (d) The director may require a state agency developing or undertaking a major 11
158158 information technology project to engage the services of private counsel or a subject 12
159159 matter expert with the appropriate information technology expertise. The private 13
160160 counsel or subject matter expert may review requests for proposals, review and 14
161161 provide advice and assistance during the evaluation of proposals and selection of 15
162162 vendors, and review and negotiate contracts associated with the project. This 16
163163 subsection applies to minor information technology projects that are related and 17
164164 separated into individual projects if the total cost of ownership of the individual 18
165165 projects exceeds $5,000,000. 19
166166 (e) For a minor information technology project, the state agency undertaking 20
167167 the project shall provide one or more project managers. A state agency project 21
168168 manager is subject to review and approval by the director. A state agency project 22
169169 manager shall ensure that applicable quality assurance standards are met, as 23
170170 determined by the director. A state agency project manager shall provide periodic 24
171171 reports to a project management assistant assigned to the project under (f) of this 25
172172 section. The reports must include information regarding project costs, issues related to 26
173173 hardware and software, training, projected and actual completion dates, and other 27
174174 information relevant to the implementation of the information technology project. 28
175175 (f) For a minor information technology project, the director s
176176 hall designate a 29
177177 project management assistant from the office. The director may designate a project 30
178178 management assistant from the office to a major information technology project. A 31 34-LS0349\A
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182182 project management assistant designated under this subsection shall advise the state 1
183183 agency undertaking an information technology project on the initial planning of a 2
184184 project, the content and design of requests for proposals, contracts, procurement, and 3
185185 architectural and other technical reviews. The project management assistant shall also 4
186186 monitor progress in the development and implementation of the project and provide 5
187187 status reports to the state agency and the director, including recommendations 6
188188 regarding continued approval of the project. 7
189189 Sec. 44.21.640. Standards for purchases. The director shall establish 8
190190 standards for the purchase of state agency hardware and software that are consistent 9
191191 with AS 36.30 (State Procurement Code) and reflect identified and documented state 10
192192 agency needs. 11
193193 Sec. 44.21.650. Exemptions. (a) The director may enter into a written 12
194194 agreement with a state agency that exempts the state agency from the requirements of 13
195195 AS 44.21.600 - 44.21.660 and authorizes the state agency to approve and monitor all 14
196196 information technology projects undertaken by the state agency. The written 15
197197 agreement must 16
198198 (1) require the state agency to comply with 17
199199 (A) standardized processes adopted under AS 44.21.610(a); 18
200200 (B) standardized processes adopted under AS 44.21.610(a) 19
201201 with a list of variations; or 20
202202 (C) standardized processes adopted by the state agency; 21
203203 (2) require the state agency to comply with 22
204204 (A) standardized processes established under AS 44.21.630; 23
205205 (B) standardized processes established under AS 44.21.630 24
206206 with a list of variations; or 25
207207 (C) standardized processes adopted by the state agency that 26
208208 include documentation requirements, project management processes, and 27
209209 qualifications for project managers; 28
210210 (3) include a plan for the state agency to fulfill obligations with 29
211211 contractors; 30
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216216 or a contractor as a project manager; and 1
217217 (5) require the state agency to submit periodic reports to the director, 2
218218 including updates to the state agency's biennial information technology plan as 3
219219 provided in AS 44.21.610(c). 4
220220 (b) The director may enter into a written agreement with a state agency that 5
221221 exempts an information technology project undertaken by the state agency from a 6
222222 requirement of AS 44.21.600 - 44.21.660. The written agreement must detail the 7
223223 requirement that is waived, how the state agency will deviate from the requirement, 8
224224 and the purpose of the deviation. 9
225225 (c) If the director decides not to enter into a written agreement with a state 10
226226 agency under (a) or (b) of this section, the director shall provide in writing to the state 11
227227 agency and the office of management and budget the specific grounds for the decision. 12
228228 The state agency may request that the governor review the director's decision as 13
229229 provided in AS 44.21.620(c). 14
230230 (d) The director shall include a copy of an agreement entered into with a state 15
231231 agency under (a) or (b) of this section in the biennial information technology plan 16
232232 required under AS 44.21.610(c) and shall deliver the agreement to the senate secretary 17
233233 and the chief clerk of the house of representatives and notify the legislature that the 18
234234 agreement is available. 19
235235 Sec. 44.21.660. Definitions. In AS 44.21.600 - 44.21.660, 20
236236 (1) "change request" means a formal proposal requesting deviations in 21
237237 the project processes, cost, scope, or timeline; 22
238238 (2) "director" means the director of the office of information 23
239239 technology; 24
240240 (3) "information technology project" means an effort of defined and 25
241241 limited duration that implements, effects a change in, or addresses a risk to processes, 26
242242 services, security, systems, records, data, human resources, or architecture related to 27
243243 technology used for the processing and transmission of information; "information 28
244244 technology project" does not include a broadband project managed by the office of 29
245245 broadband under AS 44.33.910; 30
246246 (4) "major information technology project" means an information 31 34-LS0349\A
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250250 technology project undertaken by a state agency that has a total lifetime cost of 1
251251 ownership of $5,000,000 or more or an information technology project jointly 2
252252 undertaken by two or more state agencies; 3
253253 (5) "minor information technology project" means an information 4
254254 technology project undertaken by a single state agency that has a total lifetime cost of 5
255255 ownership of less than $5,000,000; 6
256256 (6) "office" means the office of information technology; 7
257257 (7) "state agency" has the meaning given to "state agencies" in 8
258258 AS 44.21.390. 9
259259 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 10
260260 read: 11
261261 TRANSITION: REGULATIONS. The Department of Administration shall adopt 12
262262 regulations necessary to implement this Act. The regulations take effect under AS 44.62 13
263263 (Administrative Procedure Act), but not before the effective date of the law implemented by 14
264264 the regulation. 15
265265 * Sec. 3. Section 2 of this Act takes effect immediately under AS 01.10.070(c). 16
266266 * Sec. 4. Except as provided in sec. 3 of this Act, this Act takes effect January 1, 2026. 17