HB2558 H ED AM (surplus computers)
The Committee on Education moves to amend the bill on page
one, following the enacting clause, by striking the remainder of
the bill and inserting in lieu thereof the following:
"That §5A-6-4 and
§18B-3-2
of the code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
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. 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;
and
(6) Create and establish a program to refurbish and donate
state surplus computers four years old or less from state
agencies to public schools and low-income school children. The
Chief Technology Officer is encouraged to collaborate with other
agencies including, but not limited to: the State Board of
Education; Department of Education Division of Technical and
Adult Services; Regional Education Service Agencies; Division of
Corrections; Prison Industries; and private technology industries
in creating and establishing this program. Surplus computers of
state agencies to be donated through this program are not subject
to the provisions of sections forty-four and forty-five, article
three of this chapter.
(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.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH, DOCTORAL-
GRANTING PUBLIC UNIVERSITIES.
§18B-3-2. Computer and computer equipment donation program.
Notwithstanding any other provision of this code to the
contrary, the governing boards are governing board of any state
institution of higher education is authorized to create a program
to donate surplus computers and computer-related equipment to
education facilities, nonprofit organizations, juvenile detention
centers, municipal and county public safety offices and other public, charitable or educational enterprises or organizations in
this state.
(a) Only equipment which otherwise would be transferred to
the Surplus Property Unit of the Purchasing Division may be
donated;
(b) The governing boards governing board of any state
institution of higher education choosing to create a donation
program pursuant to this section shall keep records and accounts
that clearly identify the equipment donated, the age of the
equipment, the reasons for declaring it obsolete and the name of
the education facility, nonprofit organization, juvenile
detention center, municipal or county public safety office or
other public, charitable or educational enterprise or
organization to which the equipment was donated;
(c) Each governing board choosing to create a donation
program pursuant to this section shall promulgate a rule in
accordance with the provisions of section six, article one of
this chapter to implement the donation program. The rules shall
specify the procedures to be used for record keeping and shall
provide for fair and impartial selection of equipment
recipients."