Senate Bill No. 1007
(By Senators Tomblin, Mr. President, and Sprouse,
By Request of the Executive)
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[Introduced June 13, 2006; referred to the Committee on Finance.]
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A BILL to amend and reenact §5A-6-4 of the Code of West Virginia,
1931, as amended, relating to the powers and duties of the
Chief Technology Officer; and providing for the authority to
bill state spending units for evaluations performed and
technical assistance provided by the Chief Technology Officer.
Be it enacted by the Legislature of West Virginia:
That §5A-6-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-4. Powers and duties of the Chief Technology Officer;
generally.
(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, 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;
(8) Charge a fee to the state spending units for evaluations performed and technical assistance provided under the provisions of
this section. to be based entirely on direct personnel costs
incurred in providing the evaluation or technical assistance and
charged only after the evaluation or technical assistance has been
provided 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
eleven-b of this code: Provided, That the provisions of section
eighteen, article two, chapter eleven-b of this code shall not
operate to permit expenditures in excess of the spending authority
authorized by the Legislature. Amounts collected which are found
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;
(9) Monitor trends and advances in information technology and
technical infrastructure;
(10) Direct the formulation and promulgation of policies,
guidelines, standards and specifications for the development and maintenance of information technology and technical infrastructure,
including, but not limited to:
(A) Standards to support state and local government exchange,
acquisition, storage, use, sharing and distribution of electronic
information;
(B) Standards concerning the development of electronic
transactions, including the use of electronic signatures;
(C) Standards necessary to support a unified approach to
information technology across the totality of state government,
thereby assuring that the citizens and businesses of the state
receive the greatest possible security, value and convenience from
investments made in technology;
(D) Guidelines directing the establishment of statewide
standards for the efficient exchange of electronic information and
technology, including technical infrastructure, between the public
and private sectors;
(E) Technical and data standards for information technology
and related systems to promote efficiency and uniformity;
(F) Technical and data standards for the connectivity,
priorities and interoperability of technical infrastructure used
for homeland security, public safety and health and systems
reliability necessary to provide continuity of government
operations in times of disaster or emergency for all state, county
and local governmental units; and
(G) Technical and data standards for the coordinated
development of infrastructure related to deployment of electronic
government services among state, county and local governmental
units;
(11) Periodically evaluate the feasibility of subcontracting
information technology resources and services, and to subcontract
only those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of
information technology and technical infrastructure of the state,
including infrastructure and technology of all state, county and
local governmental units, which may include personnel, facilities,
equipment, goods and contracts for service, wireless tower
facilities, geographic information systems and any technical
infrastructure or technology that is used for law enforcement,
homeland security or emergency services;
(13) Develop job descriptions and qualifications necessary to
perform duties related to information technology as outlined in
this article; and
(14) Promulgate legislative rules, in accordance with the
provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective the administration of
the provisions of article six of this chapter.
(b) With respect to executive agencies, 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 authority delegated by the Governor by executive
order 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 of Technology and may
approve reimbursement of costs incurred by employees to obtain
education and training.
(d) The Chief Technology Officer shall develop a
comprehensive, statewide, four-year strategic information technology and technical infrastructure policy and development plan
to be submitted to the Governor and the Joint Committee on
Government and Finance. A preliminary plan shall be submitted by
the first day of December, two thousand six, and the final plan
shall be submitted by the first day of June, two thousand seven.
The plan shall include, but not be limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of
information technology by state agencies;
(C) A discussion of connectivity, priorities and
interoperability of the state's technical infrastructure with the
technical infrastructure of political subdivisions and encouraging
the coordinated development of facilities and services regarding
homeland security, law enforcement and emergency services to
provide for the continuity of government operations in times of
disaster or emergency;
(D) A discussion identifying potential market demand areas in
which expanded resources and technical infrastructure may be
expected;
(E) A discussion of technical infrastructure as it relates to
higher education and health;
(F) A discussion of the use of public-private partnerships in
the development of technical infrastructure and technology
services; and
(G) A discussion of coordinated initiatives in website
architecture and technical infrastructure to modernize and improve
government to citizen services, government to business services,
government to government relations and internal efficiency and
effectiveness of services, including a discussion of common
technical data standards and common portals to be utilized by
state, county and local governmental units.
(e) The Chief Technology Officer shall oversee
telecommunications services used by state spending units for the
purpose of maximizing efficiency to the fullest possible extent.
The Chief Technology Officer shall establish microwave or other
networks and LATA hops; audit telecommunications services and
usage; recommend and develop strategies for the discontinuance of
obsolete or excessive utilization; participate in the renegotiation
of telecommunications contracts; and encourage the use of
technology and take other actions necessary to provide the greatest
value to the state.
NOTE: The purpose of this bill is to clarify the manner in
which the Chief Technology Officer may bill state spending units
for evaluations performed and technical assistance provided by the
Chief Technology Officer and the Office of Technology.
Strike-throughs indicate language that would be stricken from
present law, and underscoring indicates new language that would be
added.