ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2688
(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)
[By Request of the Executive]
[Passed April 12, 1997; in effect July 1, 1997.]
AN ACT to repeal article eighteen, chapter eighteen-b of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended; to amend chapter five of said code by adding
thereto two new articles, designated articles one-b and one- c; and to amend and reenact section four, article seven,
chapter five-a of said code, all relating generally to
information technology; setting forth findings and purpose;
defining terms; creating the position of chief technology
officer within the office of the governor; appointment and
qualification of the chief technology officer; powers and
duties of the chief technology officer; requiring spending
units to notify chief technology officer of proposed
purchases of certain goods and services; biannual report;
moving the science and technology council to the office of
the governor; setting forth legislative purposes;
reappointment, terms and compensation of members of the
council; powers and duties of council; the responsibilities
of the executive director of the council; requiring a
comprehensive strategic plan that must be reported; providing for public and private partnerships; changing the
powers and duties of the information services and
communications division; authority of chief technology
officer to obtain assistance from the division; allowing
certain assessments against spending units; and transfer of
proceeds of assessments to office of chief technology
officer.
Be it enacted by the Legislature of West Virginia:
That article eighteen, chapter eighteen-b of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be repealed; that chapter five of said code be amended by adding
thereto two new articles, designated articles one-b and one-c;
and that section four, article seven, chapter five-a of said code
be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.
§5-1B-1. Findings and purposes.
The Legislature finds and declares that information
technology is essential to finding practical solutions to the
everyday problems of government, and that the management goals
and purposes of government are furthered by the development of
compatible, linked information systems across government.
Therefore, it is the purpose of this article to create, as an
integral part of the office of the governor, the office of chief
technology officer with the authority to advise and make recommendations to all state spending units on their information
systems.
§5-1B-2. Definitions.
As used in this article:
(a) "Information systems" means computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by
electronic or mechanical means;
(b) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training, and includes the programs
and routines used to employ and control the capabilities of data
processing hardware;
(c) "Information equipment" includes central processing
units, front-end processing units, miniprocessors,
microprocessors and related peripheral equipment such as data
storage devices, networking equipment, services, routers,
document scanners, data entry equipment, terminal controllers,
data terminal equipment, computer-based word processing systems
other than memory typewriters and equipment and systems for
computer networks;
(d) "Related services" include feasibility studies, systems
design, software development and time-sharing services whether
provided by state employees or others;
(e) "Telecommunications" means any transmission, emission or
reception of signs, signals, writings, images or sounds of
intelligence of any nature by wire, radio or other
electromagnetic or optical systems. The term includes all facilities and equipment performing those functions that are
owned, leased or used by the executive agencies of state
government; and
(f) "Chief technology officer" means the person holding the
position created in section three of this article and vested with
authority to assist state spending units in planning and
coordinating information systems that serve the effectiveness and
efficiency of the individual state spending units, and further
the overall management goals and purposes of government.
§5-1B-3. Creation of the office of chief technology officer;
appointment and qualifications.
There is hereby created the office of chief technology
officer within the office of the governor. The chief technology
officer shall be appointed by and shall serve at the will and
pleasure of the governor. The chief technology officer shall
have knowledge in the field of information technology, experience
in the design and management of information systems and an
understanding of the special demands upon government with respect
to budgetary constraints, the protection of privacy interests and
federal and state standards of accountability.
§5-1B-4. Powers and duties; professional staff.
(a) With respect to all state spending units the chief
technology officer may:
(1) Develop an organized approach to information resource
management for this state;
(2) Provide, with the assistance of the information services
and communications division of the department of administration,
technical assistance to the administrators of the various state spending units in the design and management of information
systems;
(3) Evaluate, in conjunction with the information services
and communications division of the department of administration,
the economic justification, system design and suitability of
information equipment and related services, and review and make
recommendations on the purchase, lease or acquisition of
information equipment and contracts for related services by the
state spending units;
(4) Develop a mechanism for identifying those instances
where systems of paper forms should be replaced by direct use of
information equipment and those instances where applicable state
or federal standards of accountability demand retention of some
paper processes;
(5) Develop a mechanism for identifying those instances
where information systems should be linked and information
shared, while providing for appropriate limitations on access and
the security of information;
(6) Create new technologies to be used in government,
convene conferences and develop incentive packages to encourage
the utilization of technology;
(7) Engage in any other activities as directed by the
governor; and
(8)Charge a fee to be assessed by the director of the
information services and communications division to the state
spending units for evaluations performed and technical assistance
provided under the provisions of this section. All fees
collected by the chief technology officer shall be deposited in a special account in the state treasury to be known as the "Chief
Technology Officer Administration Fund". Expenditures from the
fund shall be made by the chief technology officer for the
purposes set forth in this article and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two,
chapter five-a of this code. Amounts collected which are found
from time to time to exceed the funds needed for purposes set
forth in this article may be transferred to other accounts or
funds and redesignated for other purposes by appropriation of the
Legislature.
(b) With respect to executive agencies only, the chief
technology officer may:
(1) Develop a unified and integrated structure for
information systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information technology requirements
of the various executive agencies of state government;
(3) Exercise such authority inherent to the chief executive
of the state as the governor may, by executive order, delegate,
to overrule and supersede decisions made by the administrators of
the various executive agencies of government with respect to the
design and management of information systems and the purchase,
lease or acquisition of information equipment and contracts for
related services;
(4) Draw upon staff of other executive agencies for advice and assistance in the formulation and implementation of
administrative and operational plans and policies; and
(5) Recommend to the governor transfers of equipment and
human resources from any executive agency and the most effective
and efficient uses of the fiscal resources of executive agencies,
to consolidate or centralize information-processing operations.
(c) The chief technology officer may employ the personnel
necessary to carry out the work of the office and may approve
reimbursement of costs incurred by employees to obtain education
and training.
§5-1B-5. Notice of request for proposals by state spending units
required to make purchases through the state purchasing
division.
Any state spending unit that is required to submit a request
for proposal to the state purchasing division prior to purchasing
goods or services shall notify the chief technology officer, in
writing, of any proposed purchase of goods or services related to
its information and telecommunication systems. The notice shall
contain a brief description of the goods and services to be
purchased. The state spending unit shall provide the notice to
the chief technology officer at the same time it submits its
request for proposal to the state purchasing division.
§5-1B-6. Notice of request for proposals by state spending units
exempted from submitting purchases to the state
purchasing division.
(a) Any state spending unit that is not required to submit
a request for proposal to the state purchasing division prior to
purchasing goods or services shall notify the chief technology officer, in writing, of any proposed purchase of goods or
services related to its information or telecommunication systems.
The notice shall contain a detailed description of the goods and
services to be purchased. The state spending unit shall provide
the notice to the chief technology officer a minimum of ten days
prior to the time it requests bids on the provision of the goods
or services.
(b) If the chief technology officer evaluates the
suitability of the information and telecommunication equipment
and related services under the provisions of subdivision (3),
subsection (a), section four of this article and determines that
the goods or services to be purchased are not suitable, he or she
shall, within ten days of receiving the notice from the state
spending unit, notify the state spending unit, in writing, of any
recommendations he or she has regarding the proposed purchase of
the goods or services. If the state spending unit receives a
written notice from the chief technology officer within the time
period required by this section, the state spending unit shall
not put the goods or services out for bid less than fifteen days
following receipt of the notice from the chief technology
officer.
§5-1B-7. Biannual report.
The chief technology officer shall report biannually to the
legislative joint committee on government and finance on the
activities of his or her office.
§5-1B-8. Exemptions.
The provisions of this article do not apply to the
Legislature or the judiciary.
ARTICLE 1C. SCIENCE AND TECHNOLOGY COUNCIL.
§5-1C-1. Legislative purpose.
(a) The Legislature hereby finds that a pressing need exists
for a strategy based upon science and technology which promotes
a scientifically literate citizenry, enhances government
efficiency, encourages the creation of higher-paying jobs and
enhances the growth of West Virginia's gross state product. To
that end, the state recognizes the need for collaborative
research and development efforts among institutions of higher
education, industry, government and private organizations which
will advance the state's scientific and technological
development. The Legislature further finds that focused research
and technical assistance efforts related to West Virginia
industry will speed such development, improve technology
transfer, assist companies in becoming growth leaders and link
basic research and technological development to economic
advancement.
(b) The Legislature therefore declares that creation of a
science and technology advisory council will be advantageous to
the state by working to move West Virginia into a strong
competitive position in science and technology and by improving
the efficiency of government. The council shall provide policy
advice to the Legislature and to the chief technology officer in
the office of the governor on scientific and technology subjects
and issues and provide policy advice to the council for community
and economic development on science and technology issues that
will serve to foster economic growth. The council shall also
develop a state science and technology strategic plan for submission to the Legislature and the governor.
§5-1C-2. Science and technology advisory council; members,
appointment and expenses; appointment, duties, and
compensation of director.
(a)(1) The science and technology advisory council created
by chapter one hundred twenty, acts of the Legislature, regular
session, one thousand nine hundred ninety-six, which is a body
corporate and politic, constituting a public corporation and
government instrumentality, is hereby abolished and a new science
and technology advisory council is created within the office of
the governor.
(2) The council shall consist of eleven members who have
professional, labor or managerial knowledge in science and
technology development and operations and shall be appointed as
follows:
(A) The governor shall appoint five members, with the advice
and consent of the Senate. No more than three of the five
members may belong to the same political party. Three of the
five members shall also be from different congressional districts
of the state, and, shall provide a broad state geographical
distribution of members of the council;
(B) The governor shall appoint one member, with the advice
and consent of the Senate, from a list of two persons recommended
by the speaker of the House of Delegates;
(C) The governor shall appoint one member, with the advice
and consent of the Senate, from a list of two persons recommended
by the president of the Senate;
(D) The governor shall appoint two members, with the advice and consent of the Senate, from a list of four persons
recommended by the chancellor of the university of West Virginia
system;
(E) The governor shall appoint one member, with the advice
and consent of the Senate, from a list of two persons recommended
by the chancellor of the state college system of West Virginia;
and
(F) The governor shall appoint one member, with the advice
and consent of the Senate, from a list of two persons recommended
by the council for community and economic development.
(b) The terms of the council members first taking office on
or after the effective date of this legislation expire as
designated by the governor at the time of their appointment, with
three terms expiring at the end of the first year, four terms
expiring at the end of the second year, and four terms expiring
at the end of the third year. As the original appointments
expire, each subsequent appointment is for a full three-year
term. Any member whose term has expired shall serve until a
successor has been duly appointed and qualified. Any person
appointed to fill a vacancy shall serve only for the unexpired
term. In cases of any vacancy in the office of a member, the
vacancy shall be filled by the governor in the same manner as the
original appointment was made.
(c) Members of the council are not entitled to compensation
for services performed as members, but are entitled to
reimbursement for all reasonable and necessary expenses actually
incurred in the performance of their duties. A majority of
serving members constitutes a quorum for the purpose of conducting business. The governor shall designate a chair, who
is not a public official, for a term to run concurrently with the
term of office of the member designated as chair. The council
shall conduct all meetings in accordance with the open meeting
law pursuant to article nine-a, chapter six of this code.
(d) The council shall prepare and publish an annual report
of its activities and accomplishments and submit it to the
governor and to the legislative joint committee on government and
finance on or before the fifteenth day of December of each year.
(e) Each year, the council shall submit to the governor a
list of science and technology projects recommended for funding.
The projects shall serve to fulfill the policies established by
the science and technology strategic plan. The recommendation
shall itemize the funds requested and shall identify any
expenditures that will be matched by federal funds, or matched by
foundation, corporate or by other funds.
(f) The chair of the council also shall serve as the
executive director of the council for his or her term of office.
He or she shall hold a graduate degree and have professional
experience in fields involving science and technology research or
development. The expenses of the executive director shall be
paid from funds provided by foundation grants, in-kind
contributions or other funds obtained pursuant to subsection (b),
section four of this article. The executive director shall
provide or obtain scientific and technical information to support
the administrative work of the council, and to that end may
contract with the university system, a nonprofit organization or
any state spending unit for research and administrative support.
(g) The executive director of the council shall be available
to the governor, the chief technology officer within the office
of the governor, the speaker of the House of Delegates and the
president of the Senate, to analyze and comment upon proposed
legislation and rules which relate to or materially affect state
scientific and technical issues.
§5-1C-3. Powers and duties of science and technology council.
(a) (1) The council shall consult with the board of trustees
of the university system, the board of directors of the college
system and with state business leaders in the exercise of its
powers and duties, which include, but are not limited to, the
following:
(A) Preparation of a comprehensive strategic plan and
recommendation of programs in furtherance of the comprehensive
strategic plan that will support and foster state science and
technology research;
(B) Cooperation with appropriate state spending units to
retain and enlarge existing state industries through technology
expansion; and
(C) Formulation of plans to establish science and technology
research centers at state colleges and universities.
(2) The council may seek public and private research grants
and contracts, matching funds and procurement arrangements from
the state and federal government, private industry and other
agencies, in furtherance of its mission and programs.
(3) The council shall develop an initial comprehensive
strategic plan that will support and foster economic growth in
science and technology research and development in the state and shall provide the initial plan to the chief technology officer
within the office of the governor and the joint committee on
government and finance no later than the first day of July, one
thousand nine hundred ninety-seven. The initial comprehensive
strategic plan shall include, but not be limited to, the
following:
(A) A science and technology policy;
(B) The identification of strengths and weaknesses in the
basic science resources and research capabilities in the state;
(C) The identification of methods that will coordinate and
engender collaborative research efforts between research entities
throughout the state, whether public or private;
(D) The designation of areas for potential scientific and
technological development, including those related to and having
a direct impact upon the economic development of the state;
(E) Recommendations on how to improve and strengthen the
partnership between the private sector, institutions of higher
education and government;
(F) Recommendations on how to improve the infrastructure for
research and research training;
(G) Recommendations on a system to transfer technology to
the private sector in the state;
(H) Recommendations on information systems that serve the
effectiveness and efficiency of state spending units and higher
education and further the overall management goals and purposes
of government;
(I) Recommendations on a tracking system for special needs
students enrolled in the public schools and state colleges and universities, and the programs and services provided for those
students;
(J) Recommendations on legislative changes required to
improve the overall science and technology environment in the
state; and
(K) Other recommendations on science and technology policy
and programs as appropriate.
(4) The strategic plan may be updated and refiled on or
before the first day of July of each year. The council shall
submit an annual work plan each year beginning the first day of
July, one thousand nine hundred ninety-eight, to the chief
technology officer and the joint committee on government and
finance.
(b) In developing its strategic plan, the science and
technology council shall utilize its resources as well as the
technical support available to it through the university of West
Virginia system, the state college system of West Virginia, the
West Virginia development office, the West Virginia experimental
program to stimulate competitive research (EPSCoR), federal and
state agencies, and other appropriate organizations that have an
interest in fostering science and technology research and
development in West Virginia.
(c) The council shall undertake to keep abreast of state and
national scientific and technological developments and work to
establish, foster and successfully conclude university, college
and other scientific research projects or clusters.
(d) To reduce and avoid duplication of research work and
expenditures, the council shall, as a part of its comprehensive strategic plan, formulate methods that will coordinate and
generate collaborative efforts between research entities
throughout West Virginia, whether public or private, and foster
synergistic relationships among them. Cooperating agencies may
contract with the council, as provided in section four of this
article, so as to participate in science and technology projects,
jointly or through the programs of the council with other
participating institutions, government units and private business
firms.
§5-1C-4. Public-private partnerships; funding.
(a) In furtherance of its mission, the science and
technology council is authorized to enter into contracts or joint
venture agreements with federal and state agencies; with
nonprofit corporations organized pursuant to the corporate laws
of this state or other jurisdictions that are qualified under
section 501(c)(3) of the Internal Revenue Code; and with other
organizations that conduct research, make grants, improve
educational programs and work for the scientific, educational or
economic development of this state. The chief technology officer
within the office of the governor and the council, by a majority
vote, shall approve all contracts and joint venture agreements.
The council may also enter into contractual agreements for
consideration even though the entities are funded from sources
other than the state. Members of the council may sit on the
boards of directors of any contracting private nonprofit
corporation, foundation or firm: Provided, That members of the
council are not exempt from any of the provisions of chapter six- b of this code.
(b) The council may receive and accept gifts or grants from
private foundations, corporations, individuals, devises and
bequests or from other lawful sources. The funds shall be paid
into a special account in the state treasury for the use and
benefit of the science and technology advisory council.
§5-1C-5. Exemptions.
The provisions of this article do not apply to the
Legislature or the judiciary.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-4. Powers and duties of division generally; professional
staff; telephone service.
(a) The division is responsible for providing technical
services and assistance to the various state spending units with
respect to developing and improving data processing and
telecommunications functions. The division may provide training
and direct data processing services to the various state
agencies. The division shall, upon request of the chief
technology officer within the office of the governor, provide
technical assistance in evaluating the economic justification,
system design and suitability of equipment and systems used in
state government. The director shall report to the secretary.
(b) The director is responsible for the development of
personnel to carry out the technical work of the division and may
approve reimbursement of costs incurred by employees to obtain
education and training.
(c) The director may assess each state spending unit for the
cost of any evaluation of the economic justification, system design and suitability of equipment and systems used by the state
spending unit or any other technical assistance that is provided
or performed by the chief technology officer and the division
under the provisions of section four, article one-b of this
chapter.
(d) The director shall transfer any moneys received as a
result of the assessments that he or she makes under
subsection(c) of this section to the office of chief technology
officer. The director shall report quarterly to the joint
committee on government and finance on all assessments made
pursuant to subsection (c) of this section.
(e) The director shall maintain an accounting system for all
telephone service to the state.
(f) The provisions of this article do not apply to the
Legislature or the judiciary.