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Introduced Version Senate Bill 653 History

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SB653 INTR
Senate Bill No. 653

(By Senators Tomblin, Mr. President, and Sprouse, By Request of the Executive)

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[Introduced February 20, 2006; referred to the Committee on Transportation; and then to the Committee on Government Organization.]

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A BILL to amend and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and §5A-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the Office of Technology; making legislative findings; defining certain terms; detailing duties, powers and authority of the Chief Technology Officer; establishing a Project Management Office; requiring state spending units to provide notice and obtain approval of Chief Technology Officer for certain information technology and telecommunication projects; and establishing and providing the administration for the West Virginia Technology Infrastructure Fund.

Be it enacted by the Legislature of West Virginia:
That §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and §5A-6-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-1. 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 Department of Administration, the Office of Technology with the authority to advise and make recommendations to all state spending units on their information systems and to have the authority to oversee operations of the state's technical infrastructure.
§5A-6-2. 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, including 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;
(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;
(f) "Chief Technology Officer" means the person holding the position created in section three of this article and vested with authority to assist oversee state spending units in planning and coordinating information systems that serve the effectiveness and efficiency of the state and individual state spending units, and further the overall management goals and purposes of government; and
(g) "Experimental program to stimulate competitive research" (EPSCoR) means the West Virginia component of the national EPSCoR program which is designed to improve the competitive research and development position of selected states through investments in academic research laboratories and laboratory equipment. The recognized West Virginia EPSCoR, which is part of the Office of Technology, is the responsible organization for the coordination and submission of proposals to all federal agencies participating in the EPSCoR program.
(g) "Technical infrastructure" is defined as all information systems, information technology, information equipment, telecommunications and related services as defined in this section;
(h) "Information technology project" means the process by which telecommunications, automated data processing, databases, the Internet, management information systems, and related information, equipment, goods, and services are planned, procured and implemented.
(i) "Major information technology project" means any information technology project estimated to cost more than one hundred thousand dollars or require more than three hundred man hours to complete; and
(j) "Steering body committee" means an internal agency oversight committee established jointly by the chief technology officer and the agency requesting the project upon approval to proceed with the development and acquisition of a major technology project which shall include representatives from the Office of Technology and at least one representative from the agency requesting the project.
§5A-6-4. 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, 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 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. 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;
(10) Develop a comprehensive, statewide, four-year strategic plan for information technology to include specific projects that implement the plan; and plan for the acquisition, management, and use of information technology by state agencies;
(11) Direct the formulation and promulgation of policies, guidelines, standards, and specifications for the development and maintenance of information technology for state agencies, including, but not limited to, those (i) required to support state and local government exchange, acquisition, storage, use, sharing, and distribution of electronic information, (ii) concerned with the development of electronic transactions including the use of electronic signatures, (iii) 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, (iv) direct the establishment of statewide standards for the efficient exchange of electronic information and technology, including infrastructure, between the public and private sectors, and (v) develop statewide technical and data standards for information technology and related systems to promote efficiency and uniformity;
(12) Oversee and administer the "West Virginia Technology Infrastructure Fund";
(13) Periodically evaluate the feasibility of subcontracting information technology resources and services, and subcontract only those resources that are feasible and beneficial to the state;
(14) Direct the compilation and maintenance of an inventory of information technology, including, but not limited to, personnel, facilities, equipment, goods and contracts for services;
(15) Develop job descriptions and qualifications necessary to perform duties related to information technology as outlined in this article; and
(16) Promulgate such 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. Pending legislative approval of such legislative rule, the chief technology officer may by emergency rule prescribe the contents of the policies, procedures and standards relating to information technology within the state.
(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 the 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 of Technology and may approve reimbursement of costs incurred by employees to obtain education and training.
§5A-6-4a. Additional duties of the Chief Technology Officer relating to security of government information.
(a) To ensure the security of state government information and the data communications infrastructure from unauthorized uses, intrusions, or other security threats, the chief technology officer shall direct the development, adoption, and training of policies, procedures, and standards as prescribed by legislative rule promulgated in accordance with the provisions of chapter twenty- nine-a of this code to minimize vulnerability to such threats, and to regularly assess security risks, determine appropriate security measures and perform security audits of government information systems and data communications infrastructures. At a minimum, these policies, procedures and standards shall identify and require the adoption of practices to safeguard information systems, data and communications infrastructures, as well as define the scope and regularity of security audits, and which bodies are authorized to conduct security audits. Such audits may include reviews of physical security practices.
(b) The chief technology officer shall provide for periodic security audits of all executive branch agencies regarding the protection of government databases and data communications.
(1) Security audits may include, but are not limited to, on- site audits as well as reviews of all written security procedures and documented practices;
(2) The chief technology officer may contract with a private firm or firms that specialize in conducting such audits;
(c) All public bodies subject to such audits as required by this section shall fully cooperate with the entity designated to perform such audit;
(d) The chief technology officer may direct specific remediation actions to mitigate findings of insufficient administrative, technical and physical controls necessary to protect state government information or data communication infrastructures; and
(e) The provisions of this section shall not infringe upon responsibilities assigned to the State Comptroller, the Auditor, or the Legislative Auditor, or by other provisions in West Virginia code.
§5A-6-4b. Additional duties of the Chief Technology Officer relating to project management; establishment of the project management office (PMO).
(a) The chief technology officer shall have the following duties relating to the management of information technology projects:
(1) Develop an approval process for proposed major information technology projects by state agencies to ensure that all such projects conform to the statewide strategic plan and the information management plans of agencies;
(2) Establish a methodology for conceiving, planning, scheduling and providing appropriate oversight for information technology projects including a process for approving the planning, development and procurement of information technology projects. Such methodology shall include guidelines for the establishment of appropriate oversight for information technology projects;
(3) Establish minimum qualifications and training standards for project managers;
(4) Direct the development of any statewide and multi-agency enterprise project; and
(5) Develop and update a project management methodology to be used by agencies in the development of information technology.
(b) The chief technology officer shall develop a project management office (PMO) within the Office of Technology that will have the following powers and duties:
(1) Implement the approval process for the information technology projects;
(2) Assist the chief technology officer in the development and implementation of a project management methodology to be used in the development and implementation of information technology projects in accordance with this article;
(3) Provide ongoing assistance and support to state agencies and public institutions of higher education in the development of information technology projects;
(4) Establish a program providing training to agency project managers;
(5) Review information management and information technology plans submitted by agencies and recommend to the chief technology officer the approval of such plans and any amendments thereto;
(6) Monitor the implementation of information management and information technology plans and periodically report its findings to the chief technology officer;
(7) Assign project managers to review and recommend information technology project proposals based on criteria developed by the Division based on the (i) degree to which the project is consistent with the State's overall strategic plan; (ii) technical feasibility of the project; (iii) benefits to the State of the project, including customer service improvements; (iv) risks associated with the project; (v) continued funding requirements; and (vi) past performance by the agency on other projects; and
(8) Provide oversight for state agency information technology projects.
(c) Prior to proceeding with a major information technology project, an agency shall submit a project proposal, outlining the business need for the project, the proposed technology solution, if known, and an explanation of how the project would support the agency's business objective and the state's strategic plan for information technology. The project manager may require the submission of additional information is needed to adequately review any such proposal.
(d) The proposal will further include (i) a detailed business case including a cost-benefit analysis; (ii) a business process analysis, if applicable; (iii) system requirements, if known; (iv) a proposed development plan and project management structure; (v) business goals and measurement criteria, as appropriate; and (vi) a proposed resources or funding plan.
(e) The project manager assigned to review the project development proposal shall recommend its approval or rejection to the chief technology officer. If the chief technology officer determines that the proposal be approved, he shall notify the agency of such approval.
(f) Whenever an agency has received approval from the chief technology officer to proceed with the development and acquisition of a major information technology project, the chief technology officer shall establish the "steering body committee".
(g) The steering body committee shall provide ongoing oversight for the major information technology project and have the authority to approve or reject any changes in the project's scope, schedule, or budget.
(h) The chief technology officer shall ensure that the major information technology project has in place adequate project management and oversight structures for addressing major issues that could affect the project's scope, schedule or budget and shall address issues that cannot be resolved by the steering body committee.
§5A-6-5. Notice of request for proposals by state spending units required to make purchases through the State Purchasing Division.
Any state spending unit that pursues an information technology purchase that does not meet the definition of a "major technology project" and who is required to submit a request for proposal to the State Purchasing Division prior to purchasing goods or services shall notify obtain the approval of the Chief Technology Officer, in writing, of any proposed purchase of goods or services related to its information technology 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 prior to the time it submits its request for proposal to the State Purchasing Division.
§5A-6-6. 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 technology 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 technology 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.
§5A-6-9. Establishment & Administration of the West Virginia Technology Infrastructure Fund.
(a) There is hereby created in the Office of Technology a special fund to be named the "West Virginia Technology Infrastructure Fund".
(b) The "West Virginia Technology Infrastructure Fund" shall be an interest bearing account and may be invested in the manner permitted by law. Any unexpended balance in the Fund at the end of the fiscal year shall not be transferred to the general fund of the state treasury. Funds paid into the account shall be derived from the following sources:
(1) specific appropriations to the fund made by the legislature;
(2) any gifts, grants, bequests, transfers or donations which may be received from any governmental entity or unit, or any person, firm, foundation or corporation; and
(3) interest or any investments accrued to the fund.
(c) The funds shall be used by the chief technology officer to fund information technology projects and cost saving initiatives that will drive additional standardization, consolidation and integration of the State's technical infrastructure or to eliminate obsolete technologies that may be posing a substantial risk to the State's technical environment. Any balance remaining in the fund shall remain in the Fund for continued use to fund information technology projects and cost saving initiatives.
(NOTE: The purpose of this bill is to clarify duties of the chief technology officer and to add duties relating to the security of government information and to the management of technology projects. The bill also established the "West Virginia Technology Infrastructure Fund."

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§5A-6-4a, §5A-6-4b, and §5A-6-9 are new; therefore, strike- throughs and underscoring have been omitted.)
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