Senate Bill No. 365
(By Senators Bowman and Hunter)
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[Introduced January 27, 2006; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §5A-7-4 of the Code of West Virginia,
1931, as amended, relating to requiring the Department of
Administration's Information Services and Communications
Division to propose legislative rules for a statewide
telephone usage policy.
Be it enacted by the Legislature of West Virginia:
That §5A-7-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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, 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
Chief Technology Officer.
(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 six 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 Technology. 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.
(g) In consultation with the Adjutant General, Chairman of the
Public Service Commission, the Superintendent of the State Police
and the Director of the Division of Homeland Security and Emergency Management, the director is responsible for the development and
maintenance of an information systems disaster recovery system for
the State of West Virginia with sites in one or more locations
isolated from reasonably perceived threats to the primary operation
of State Government. The director shall develop specifications,
funding mechanisms and participation requirements for all executive
branch agencies to protect the state's essential data, information
systems and critical government services in times of emergency,
inoperativeness, or disaster. Each executive branch agency shall
assist the director in planning for its specific needs and provide
to the director any information or access to information systems or
equipment that may be required in carrying out this purpose. No
state-wide or executive branch agency procurement of disaster
recovery services may be initiated, let or extended without the
expressed consent of the director.
(h) The director shall propose rules for legislative approval
in accordance with the provisions of article three, chapter twenty-
nine-a of this code to implement and enforce a statewide wireless
telephone usage policy and to centralize the administration of all
wireless telephone plans purchased with state funds on or before
the first day of July, 2006.
NOTE: The purpose of this bill is to on or before the first
day of July, 2006, require the Department of Administration's
Information Services and Communications Division to propose
legislative rules to develop a statewide wireless telephone usage
policy and centralize all state wireless telephone plans.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.