H. B. 4343
(By Delegates Browning, Boggs, Campbell, Craig,
Swartzmiller and Walters)
[Introduced January 30, 2008; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §5A-6-4 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4,
§5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10,
§5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14 and §5B-4-15; and to
amend and reenact §18B-3-2 of said code, all relating to
infrastructure; expanding technology infrastructure to provide
broadband Internet access throughout the State of West
Virginia; donation of surplus computers; authorizing Chief
Technology Officer to establish donation program; requiring
Chief Technology Officer to consult with and assist higher
education institution governing boards in creating a donation
program; requiring Chief Technology Officer to study the
recycling of obsolete technology; exempting donated computers
from certain procedures relating to disposition of surplus
property; creating the Electronic Telecommunication Open
Infrastructure Act (ETOPIA); providing definitions for terms
used in the article; setting forth legislative findings; requiring an inventory and mapping of the current availability
of access to broadband communications in this state;
developing coordinated deployment and operation of technology
infrastructure within this state; providing for technology
infrastructure inventory, local government cooperation and
inventory survey reporting requirements; authorizing emergency
and legislative rules; prescribing the authority of the
Secretary of Department of Administration; describing specific
authorized disclosures of confidential information; creating
Joint Legislative Oversight Commission on Transportation and
Infrastructure; providing subpoena powers; providing for
enforcement of subpoena power through a court of competent
jurisdiction; prescribing the powers and duties of the
Secretary of Commerce; establishing reporting requirements;
authorizing secretary to provide technical and funding
assistance to develop technology infrastructure; authorizing
secretary to engage in consulting services for fee;
authorizing contractual and joint venture agreements;
providing for the liberal construction of article; utilizing
broadband infrastructure, technology and information to
enhance early childhood development; providing for the
confidentiality of trade secrets and proprietary information;
providing for criminal penalties for unlawful disclosure of
confidential information or data; and expanding number of
higher education institutions authorized to create computer
and computer equipment donation program.
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; that said code be amended by adding
thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3,
§5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10,
§5B-4-11, §5B-4-12, §5B-4-13, §5B-4-14 and §5B-4-15; and that
§18B-3-2 of said code be amended and reenacted, all 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 implement a program to refurbish and donate
state surplus computers which are no more than four years old from state agencies to public schools and to public school children,
based on financial need.
(A) 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; private technology industries in
creating and establishing this program.
(B) Surplus computers to be donated pursuant to this
subdivision are not subject to the provisions of sections
forty-four and forty-five, article three of this chapter.
(C) The Chief Technology Officer shall consult with and
provide any necessary assistance to any governing board of an
institution of higher education creating a computer and computer
equipment donation program under section nine, article two-a,
chapter eighteen-b of this code.
(D) The Chief Technology Officer shall study the feasability
of, and, if feasible, develop an environmentally safe program for
the recycling and disposal of computers and computer related
equipment that is refurbished and donated pursuant to this section
and section two, article three, chapter eighteen-b of this code
after the equipment has reached the end of its useful life.
(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 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 4. ELECTRONIC TELECOMMUNICATION OPEN INFRASTRUCTURE ACT.
§5B-4-1. Short title.
This article may be cited as the Electronic Telecommunication
Open Infrastructure Act and may be referred to as ETOPIA.
§5B-4-2. Definitions.
The following terms, wherever used or referred to in this
article, shall have the following meanings unless a different
meaning clearly appears from the context:
(1) "Broadband infrastructure" means all facilities, hardware
and software and other intellectual property necessary to provide
broadband services in this state, including, but not limited to,
voice, video and data.
(2) "Broadband services" means the services, including, but
not limited to, voice, video and data, that provide capacity for
transmission in excess of two hundred kilobits per second in at
least one direction, regardless of the technology or medium used,
including, but not limited to, wireless, copper wire, fiber-optic
cable or coaxial cable.
(3) "Commission" means the Joint Legislative Oversight
Commission on Transportation and Infrastructure established by the
provisions of section eleven of this article.
(4) "Department of Commerce" means the department within the
executive branch of West Virginia state government established by
the provisions of subdivision (8), subsection (a), section two,
article one, chapter five-f of this code. It is headed by the
Secretary of Commerce, who is appointed by the Governor with the
advice and consent of the Senate.
(5) "E-business" means "electronic business" and includes any
business process that relies on automated information systems that
are principally performed with web-based technologies. E-business
involves business processes spanning electronic purchasing and
supply-chain management, the processing of orders electronically,
the handling of customer service and cooperation with business
partners. Special technical standards for e-business facilitate the exchange of data between companies. E-business software
solutions allow the integration of intrafirm and interfirm business
processes. E-business can be conducted using the world wide web
(web), the Internet, intranets, extranets or a combination of these
tools.
(6) "E-commerce" means "electronic commerce" or any range of
transactions that consists primarily of the distributing, buying,
selling, marketing and servicing of products or services over an
electronic system such as the Internet or other computer networks.
The information technology industry may view this activity as an
electronic business application aimed at commercial transactions.
In this context, e-commerce can involve electronic funds transfer,
supply-chain management, e-marketing, online marketing, online
transaction processing, electronic data interchange (EDI),
automated inventory management systems and automated data
collection systems. Electronic commerce typically uses the
electronic communications technology of the world wide web at some
point in the transaction's lifecycle, although electronic commerce
frequently depends on computer technologies other than the world
wide web such as databases and e-mail and on other noncomputer
technologies such as transportation for physical goods sold via
e-commerce.
(7) "E-government" means "electronic government" or the use of
telecommunications technology to facilitate and provide for access
by the public to:
(A) Proceedings and operations of government;
(B) Records and information regarding the programs and
services that are currently implemented or are to be proposed or
discontinued by a governmental entity;
(C) Any records, not otherwise exempt by law from disclosure,
that are kept by governmental entities and that would otherwise be
available through nonweb-based means; and
(D) Transactions between the government and the public such as
a citizen's receipt and return of forms and applications,
including, but not limited to, driver's license applications, the
payment of fines or penalties or the filing of taxes.
"E-government" also includes the use of telecommunications
technology to facilitate and provide for exchanges of information
between separate governmental entities, whether local, state or
federal, and the use of videoconferencing to conduct governmental
proceedings with remote participants, including, but not limited
to, the establishment of telecourts that adequately provide for the
protection of the Constitutional rights and privileges of persons
involved in civil or criminal litigation, such as arraignments,
hearings, conferences, trials and appeals held before such
tribunals, and allow for appropriate rulings to be made with
dispatch.
(8) "E-learning" means "electronic learning" or the use of
telecommunications technology to facilitate and provide education,
through lectures or other instructional training, as well as
providing access to stored knowledge and information and other
learning resources. The most common application of e-learning is asynchronous e-learning which uses web-based learning modules but
does not support real time interaction between the instructor and
the students and other asynchronous functions that typically
support the learning environment. Synchronous e-learning requires
more bandwidth than asynchronous e-learning and consists
principally of online real-time lectures which typically have to be
joined by students at the time of their delivery. Most demanding
in terms of bandwidth are forms of collaborative e-learning in
which students have to interact continuously to solve problems or
engage in other learning activities.
(9) "Facilitator" or "nonprofit facilitator" means a nonprofit
corporation or any other lawfully constituted not-for-profit
organization or entity that can:
(A) Ally itself with both public and private partners to form
a strategic alliance with governmental entities, technology-minded
companies, institutions of higher learning and any other public and
private entities that support the growth and expansion of
electronic access to technology, technology planning, public policy
and public relations; and
(B) Design a workforce recruitment plan that will necessarily
be required to construct and implement the necessary broadband to
which this state has committed, i.e., to provide access to the
Internet for all of the citizens of this state.
(10) "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.
(11) "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.
(12) "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.
(13) "Local government" means any municipality, county, metro
or regional government, or other political subdivision of the State
of West Virginia.
(14) "Person" means an individual, corporation, limited or
general partnership, joint venture, limited liability company or a
government entity, including state authorities, municipalities,
counties, police, fire and other public safety organizations,
judicial entities, medical entities, schools, colleges,
universities, hospitals, libraries, community centers and local
economic development entities. Except to the extent that state
authorities, police, fire, and other public safety organizations,
judicial entities, medical entities, schools, colleges,
universities, hospitals and libraries may constitute state entities, "person" does not include the State of West Virginia.
(15) "Public body" means a governmental entity or institution
and its employees, including, but not limited to, any department,
division, agency, bureau, board, commission, court of law in its
nonjudicial functions only, council, institution, spending unit,
authority or other instrumentality thereof of whatever description
of the State of West Virginia, or any county commission, or any
county board of education, or any incorporated municipality, metro
or regional government or any other political subdivision.
(16) "Technology infrastructure" means information systems,
information technology, information equipment and facilities,
equipment, lines and services designed for or used for the
transmission, emission or reception of signs, signals, writings,
images or sounds of intelligence of any nature by wire, radio,
microwave or other electromagnetic or optical systems, related
hardware, software and programming and specifically including, but
not limited to, all features, facilities, equipment, systems,
functions, programming and capabilities and technical support used
by:
(A) A cable operator;
(B) A commercial mobile service carrier;
(C) An open video system operator;
(D) A satellite carrier;
(E) A telecommunications carrier;
(F) Any other wireless carrier, providing current generation
broadband services or next generation broadband services to subscribers through such qualified equipment; or
(G) Any carrier or operator using any other technology.
(17) "Telecommuting" means not only telecommuting, but also
includes or is related to "e-commuting", "e-work", "telework" or
"working from home" through an arrangement under which the employee
enjoys limited flexibility in working location and hours and avoids
commuting to a central place of work by utilizing telecommunication
links. Telework is a broader term, referring to substituting
telecommunications for any form of work-related travel, thereby
eliminating the distance restrictions of teleworking. A
telecommuting program requires a management style which is based on
results and not on close scrutiny of individual employees.
(18) "Telemedicine" means the use of telecommunications
technology to facilitate and broaden the application of the
practice of medicine, thus enabling health care providers to
deliver health care services from a distance, including, but not
limited to, diagnosis, consultation, treatment, transfer of medical
data, use of remote medical instruments and equipment and generally
establishing a convenient means of delivering medical services to
patients for whom such services might otherwise be unavailable. In
addition to clinical applications, telemedicine also includes
web-based information and communications technology that can
provide education (including continuing education programs) and
reduce the administrative costs of health care providers.
§5B-4-3. Legislative findings generally.
The Legislature finds as follows:
(1) It is a primary goal of this state, by the year two
thousand ten, to make every municipality, community and rural area
in this state, border to border, accessible to the Internet through
the expansion and extension of broadband services and technology.
(2) An increased availability of broadband through an advanced
technology infrastructure will allow more West Virginians to
connect with the "information super-highway" of the Internet at
high speeds. With current technology infrastructure, West Virginia
can feasibly take action to assure that all of its citizens will
have access to broadband services through cable television or
telephone networks that support two-way communications using cable
modems or telephone lines and also by utilizing wireless mobile
technologies, satellite transmissions and other means of
communication. Ultimately, other means of achieving higher speed
connections will be conceived, evolved and made available for use
as conduits for the transmission and diffusion of data, information
and knowledge. West Virginia must be positioned to be on the edge
of each such development.
(3) Access to broadband services and the accompanying
applications of broadband technology will provide the State of West
Virginia with the capacity to foster or support new economic and
social opportunities and developments locally, regionally,
nationally and internationally.
(4) In achieving this primary goal of maximizing Internet
accessibility, particular concerns of the Legislature and the
executive branch of government should be concentrated on and directed toward those of our citizens who are located in rural
areas of the state where access appears to be geographically or
physically difficult or economically impracticable. An idealized
achievement of this primary goal would equalize Internet
availability to all of our citizens and communities, give them
access to the Internet regardless of their location, provide them
with the knowledge, information and technology available on the
Internet and expose them to a myriad of other broadband digital
applications and services with their attendant benefits.
(5) The development of broadband and its diffusion to
residential subscribers is still in the early stages and the market
is far from mature. The expansion of broadband into unserved areas
of the state requires capital investments for financing, for
building the appropriate technology infrastructure and for
providing the services and applications that can carry high speed
data, quality video and voice traffic. Deployment costs are high,
particularly in remote and scarcely populated areas. In these
circumstances, private operators often do not offer broadband
because it is not perceived as profitable to do so. This presents
a territorial gap in broadband coverage, with urban households and
businesses having ready options and access to broadband while rural
population areas may have no options for access.
(6) The primary goal of subdivision (1) of this section may be
achieved by the legislative and executive branches of state
government by:
(A) Aggressively expanding and extending broadband and other telecommunications services;
(B) Creating incentives for private and nonprofit entities to
establish broadband and other telecommunications services;
(C) Undertaking telecommunications planning at the local,
regional and state levels and requiring that in such planning, that
the participants shall include: (i) Citizens and organizations
representing and speaking on behalf of the public; (ii) officers
of, or spokesmen for, any involved or affected governmental body;
and (iii) representatives of various private sectors, including,
but not limited to, representatives of industry and commerce,
health care and education and research;
(D) Removing barriers to the full deployment of broadband
digital applications and services and providing incentives for the
removal of those barriers; and
(E) Removing barriers to public-private partnerships in areas
of the state where business entities in the private sector are
unable to economically justify capital investments in the
technology infrastructure.
(7) There is little doubt that rapid growth of the Internet is
increasingly altering and driving our country in terms of commerce,
learning, medicine and other fields so that information technology
offers increased economic opportunities, higher living standards,
increased health, better education, more individual choices and
wider and more meaningful participation in government and public
life. The past decade has brought considerable advancement in
telecommunications and the way people communicate worldwide. Accordingly, telecommunications in general, and the Internet in
particular, are becoming increasingly important to the efficient
and effective operation of both private and public sector entities.
With the advent of the Internet and its applications to e-business,
e-commerce, e-government, telemedicine, e-learning, telecommuting
and media and entertainment, the ability of people in all parts of
this state to access the Internet has become an important component
in the ability of the state and its people and institutions to
remain competitive in the information-based global economy.
(8) At the same time, however, progress by market forces and
industry should be respected and governmental assistance and
funding should be focused on areas and persons remaining unserved
and not displace accessible and generally competitively priced
broadband services in areas already served or where industry is
expected to offer accessible and generally competitively priced
broadband services by the end of the next following calendar year.
§5B-4-4. Legislative findings related to business, commerce and
industry.
With regard to the projected impact of Internet access on
business, commerce and industry, the Legislature finds that there
is a need to create and develop a foundation and structure for
"e-business" or "electronic business" and for "e-commerce" or
"electronic commerce" as defined in section two of this article.
(1) That a private nonprofit facilitator, in partnership with
government and private enterprise, will best enable the
implementation of a legislative plan to expand and extend the boundaries of technology-based business and enhance West Virginia's
future workforce;
(2) That a broadband alliance formed by a nonprofit
facilitator and other entities should be focused on building and
sustaining a vital West Virginia economy through job creation and
improved business processes, technology, education and advocacy;
(3) That a significant part of the mission of a nonprofit
facilitator is to promote technology-based economic development for
the state by fostering collaboration among the leadership of public
and private companies, government agencies and institutions of
higher education and that by working with these entities the
private nonprofit facilitator will enable the State of West
Virginia to create more effective manufacturing processes, improve
communications, increase efficiency, expand market opportunities
and develop corporate growth strategies;
(4) That our modern economy is driven by processes and goods
with high technical content and superiority, competitiveness and
progress and such an economy relies upon a highly trained technical
workforce;
(5) That the citizens of West Virginia now live and work in
the midst of an economic and cultural environment that connects the
world through advanced communications and information technology
and, accordingly, progressive policies and the innovative use of
technology present the State of West Virginia with an opportunity
to thrive in this new environment;
(6) That in order to compete and thrive, West Virginia must proactively improve the ability of its citizens and businesses to
adopt and use advantageous resources; and
(7) That the use of computers, the Internet and related
technologies advance the development of the skills that fuel a
progressive economy and, increasingly, companies will choose
locations and hire workers based upon the availability of workers
who possess technologically centric skills and resources.
§5B-4-5. Legislative findings related to access to government.
(a) The Legislature finds that access to government
information is fundamental to our democratic society. Streamlining
state and local government processes through Internet-based tools
has proven to be a highly effective and cost-efficient way to
improve services.
(b) E-government can:
(1) Permit the resources, services and nonsecure information
of an agency of government to be promptly and easily electronically
accessed by other governmental entities or by constituents of
government, thus allowing those governmental bodies and their
constituents to efficiently and economically interact;
(2) Facilitate communications and transactions between state
and local government bodies with vendors or contractors who provide
goods or services to governmental entities or to private programs
funded by public moneys;
(3) Ensure that West Virginia's governmental officers and
employees who deal directly with the public, wherever located in
the state, have access to high-speed Internet connectivity so that their electronic access will, for example, speed up license
renewals, provide online employment information and improve overall
service levels.
(c) As state and local governments provide an increasing
number of services online, the ability to access them through a
faster connection becomes paramount. Government, in partnership
with an alliance of a private nonprofit facilitator and other
entities, must take the lead in developing e-government solutions,
in reducing administrative costs and in increasing access to
services and the demand for broadband Internet applications. As a
technology-based resource in those situations where private
investment in infrastructure is not available, a public-private
partnership with a facilitator can keep government officials
apprised of policy issues and build citizen participation through
the development of new applications, emergency preparedness
information, employment opportunities and links to other valuable
governmental resources.
§
5B-4-6. Legislative findings related to health care or
"telemedicine".
The Legislature finds as follows:
(1) New technologies are enabling doctors to view and send
medical images from any location with access to broadband services
securely and quickly.
(2) Broadband access can reduce the disadvantages of physical
remoteness from cities, connecting rural health care providers with
potentially life-saving information. In addition, consumers can use the Internet to search for health care information that was
previously only available by visiting their health care provider.
(3) The cost for health care providers to offer services
steadily increases, while the amount of revenue remains flat or
even decreases. As hospitals and physicians look for ways to lower
costs, broadband applications provide efficiencies and cost-saving
opportunities. Broadband connectivity can improve the quality of
services and profits for health care providers where reliability is
essential, speed is important and cost is a defining factor.
High-bandwidth connections enhance the dependability of web-based
mission-critical applications, reducing some of the cost and burden
of providing care. Ultimately, improved service levels are the key
to quality of life for both patients and physicians.
§5B-4-7. Legislative findings related to e-learning.
The Legislature finds as follows:
(1) State, business and education leaders use information
obtained through broadband communications in the design of their
plans for enhancing West Virginia's competitiveness in the
networked world.
(2) Access to information technology in West Virginia will
enhance the state's competitiveness in the networked world by
creating a better understanding of the existing technological
infrastructure, the availability of access to that infrastructure
and how it is being used today.
(3) Education leaders recognize the important role information
technology and broadband technologies will play in the long-term success of the state's economy. Through the adoption of new
technologies, education resources can be made available to our
citizens, even in the most rural parts of West Virginia.
§5B-4-8. Legislative findings related to early childhood
development.
The Legislature finds as follows:
(1) Developing and utilizing broadband applications that will
allow Internet users to interact with educational programs
(e-learning) and to connect with other online databases, such as
e-commerce and telemedicine, will require capital investments and
the commitment of other resources, both public and private, in
these new and evolving information and communication technologies.
(2) Establishing a broadband connection at a local school will
enable students to gain access, in the classroom, to the knowledge
and resources available on the Internet and, through high-speed
cable, DSL, wireless or other means, will enable students access
outside of the classroom. Broadband infrastructure will enable a
school to provide interactive programs that project information and
training related to early childhood development directly into the
homes and families of children from birth to age eight in the
school's community.
(3) Mandating that the availability of broadband access is a
public or private service for all communities and rural areas in
this state requires recognition that the ongoing financial support
and resources of governmental and private entities must include the
costs of providing such access within their support and funding for education, social services, administration and other services.
(4) As efforts to continue developing and providing broadband
infrastructure, information technologies and appropriate
applications of technologies impact the area of early childhood
development, this article should be implemented in cooperation and
partnership among the Department of Commerce, the Department of
Education and the Department of Health and Human Resources.
§5B-4-9. Technology infrastructure needs assessment, inventory and
mapping; agency and local government cooperation;
information gathering; reporting requirements;
rule-making authority; and provision of broadband
technology to families with children from birth to age
eight.
(a) The state encourages the coordinated deployment and
operation of technology infrastructure for present and future use.
Therefore, it is necessary for the state to maintain an ongoing,
continually updated record of the nature and extent of its
technology infrastructure comprised of information systems,
information equipment and information technology, the demands on
its technology infrastructure and those governmental entities which
use or desire to use the resources of the technology infrastructure
providing information services, cable service, advanced services,
broadband services, Internet, Internet protocol enabled services,
telecommunications services or similar services or support.
(b) The Secretary of the Department of Administration shall
develop systems and processes for maintaining accurate information on the state of the technology infrastructure in the state on an
ongoing basis and conduct an infrastructure resources survey of the
deployment and operation of technology infrastructure in this
state. The secretary shall determine the form and format of the
information submitted, and the availability of the results of
inventory and mapping, including the use of electronic submissions.
(c) To facilitate the infrastructure resources survey, the
Secretary of the Department of Administration shall propose
emergency and legislative rules in accordance with article three,
chapter twenty-nine-a of this code. These rules may include:
(1) The manner of reporting the technology infrastructure
information;
(2) Promulgation of a form or forms for reporting purposes;
(3) A means of providing training to individuals responsible
for the completion and submission of the information on the
proposed form;
(4) A means of reporting back to individual participating
public bodies, from time to time, at the request of a public body,
on findings specific to that body to allow the public body to
evaluate independently the information provided;
(5) A limitation that the information is to be used solely for
the purposes of this article;
(6) Safeguards to protect the confidential information as
provided in section ten of this article;
(7) Methodology for collection of information and the analysis
of the information;
(8) Protocols for an annual update of the infrastructure
resources survey including information collection, analysis and
reporting thereof by the Department of Administration; and
(9) A policy to encourage businesses and to require state and
local government agencies to report to the Chief Technology Officer
on donations of information technology to educational facilities,
nonprofit organizations and members of the public, including
without limitation, a description of each item donated and
identification of the recipient.
(d) Every public body shall complete an infrastructure
resources survey no later than the first day of October, two
thousand eight, and a survey each year thereafter as provided in
rules promulgated pursuant to this section.
(e) The secretary shall file annually a report with the Joint
Legislative Oversight Commission on Transportation and
Infrastructure created in section eleven of this article. The
report shall generally advise the Joint Oversight Commission on
Transportation and Infrastructure about the deployment and
operation of technology infrastructure in this state and to make
recommendations on policy and statutory changes that may be needed.
The report shall include a discussion of each the following:
(1) The connectivity, priorities and interoperability of the
technology infrastructure owned, leased or used by public bodies;
(2) The technology infrastructure that is owned, leased,
operated or used by the public bodies of the state;
(3) Technology infrastructure as it affects homeland security, public safety and health, systems reliability and providing
continuity of government operations;
(4) Technology infrastructure identifying potential market
demand areas where expanded resources may be expected;
(5) Practices or suggestions to coordinate the development of
technology infrastructure and the deployment of services between
the public bodies through the coordinated delivery of these
systems; and
(6) Any other topic that may be beneficial in adequately
assessing technology infrastructure.
(f) To the extent technology infrastructure information is
readily provided by private persons or otherwise available, the
secretary shall utilize and incorporate that data to fulfill the
reporting requirements of this section.
(g) Not later than the first day of December, two thousand
eight, the Governor's Chief Technology Officer within the
Department of Administration shall submit a report to the
Legislature that:
(1) Assesses the availability of, and access to, broadband
technology in homes and families with children from birth to age
eight;
(2) Estimates the number of families with children from birth
to age eight who are using broadband technology in their homes;
(3) Estimates the unmet demand for broadband technology for
families with children from birth to age eight; and
(4) Sets forth a strategic plan to meet the demand described in subdivision (3) of this subsection.
§5B-4-10. Confidential information; exemption from disclosure.
(a) Information submitted by a public body as part of the
survey that may be a trade secret or otherwise confidential shall
be identified by that body as confidential information. The public
body claiming confidentiality shall provide written justification
to the secretary at the time the information is submitted stating
the reasons for confidentiality and why the information should not
be released.
(b) In addition to records or documents that may be considered
confidential under this code, confidential information means
records, reports or information, or a particular portion or any
combination or aggregation thereof, that if made public would
present a threat to the safety and security of any system or
component relating to the technology infrastructure and related
systems.
(c) Information designated as confidential and the written
justification shall be maintained in a file separate from the
general records related to the public body. The confidential
information is exempt from disclosure requirements under this code.
(d) Information designated as confidential may be released to
the Department of Administration, its employees and agents when
compiling and analyzing the infrastructure resources survey
information and as may be necessary to develop the report required
by this article. Any individual receiving information designated
confidential shall protect the information as confidential.
(e) Trade secrets or proprietary information obtained by the
Governor's Chief Technology Officer from broadband providers and
other persons or entities through activities related to surveying
and mapping broadband access in West Virginia shall be secured and
safeguarded by the state. Such information or data shall not be
disclosed to the public or to any firm, individual or agency other
than officials or authorized employees of this state. Any person
who makes any unauthorized disclosure of such confidential
information or data is guilty of a misdemeanor and, upon conviction
thereof, may be fined not more than five thousand dollars or
confined in a correctional facility for not more than one year, or
both.
(f) The official charged with securing and safeguarding trade
secrets and proprietary data is the Governor's Chief Technology
Officer, within the Department of Administration, who is authorized
to establish and direct appropriate security measures. The
Governor shall designate two additional persons to share the
responsibility of securing trade secrets or proprietary
information. No person is allowed access without written approval
of a minimum of two of the three authorized persons specified
above.
§5B-4-11. Creation of a Joint Legislative Oversight Commission on
Transportation and Infrastructure; examination and
subpoena powers; contempt proceedings; legislative
reports.
(a) There is hereby created a joint commission of the Legislature known as the Joint Legislative Oversight Commission on
Transportation and Infrastructure, which is charged with immediate
and ongoing oversight of transportation and infrastructure matters,
specifically including, but not limited to, the ongoing oversight
of the management and coordination of the deployment and operation
of infrastructure related to technology. The commission shall be
composed of five members of the Senate appointed by the President
of the Senate and five members of the House of Delegates appointed
by the Speaker of the House of Delegates. No more than four of the
five members appointed by the President of the Senate and the
Speaker of the House of Delegates, respectively, may be members of
the same political party. In addition, the President of the Senate
and the Speaker of the House of Delegates shall designate the
cochairpersons. The members shall serve until their successors
shall have been appointed as heretofore provided. Members of the
commission shall receive such compensation and expenses as provided
in article two-a, chapter four of this code. Such expenses and all
other expenses including those incurred in the employment of legal,
technical, investigative, clerical, stenographic, advisory and
other personnel shall be paid from an appropriation to be made
expressly for the Legislative Oversight commission on education
accountability, but if no such appropriation be made, such expenses
shall be paid from the appropriation made to the Joint Committee on
Government and Finance, but no expense of any kind whatever payable
under said appropriation to the Joint Committee on Government and
Finance shall be incurred unless first approved by the Joint Committee on Government and Finance. The commission shall meet at
any time both during sessions of the Legislature and in the
interim.
(b) The commission may:
(1) Make a continuing investigation, study and review of the
practices, policies and procedures utilized to expand broadband
infrastructure in this state;
(2) Make a continuing investigation, study and review of all
matters related to broadband policy in the state;
(3) Review program development by the various agencies of
state government if those programs impact access to broadband
Internet;
(4) Conduct studies on:
(A) The amount of funds expended by state government and by
public and private entities in this state for broadband services to
persons who are unable to pay for those services;
(B) The extent to which persons in this state forego broadband
access because of insufficient income and assets to pay for
broadband services;
(C) The extent to which the state is maximizing available
federal programs and moneys in providing and expanding broadband
services to the citizens of this state;
(D) The operation of the programs and funds created by this
article; and
(E) The roles of the public, private and private nonprofit
sectors in providing broadband services and access to the citizens of this state;
(5) Review and study the feasibility and financial impact upon
the state of assuring increased access by school children to
broadband in their homes, families and other nonschool settings, if
available; and
(6) Conduct a study on the effects of extending broadband
infrastructure into rural areas, including effects on the quality,
cost and availability of broadband services.
(c) For purposes of carrying out its duties, the commission
may examine witnesses and subpoena such persons and books, records,
documents, papers or any other tangible things as it believes
should be examined to make a complete investigation.
(d) All witnesses appearing before the commission under
subpoena shall testify under oath or affirmation. Any member of
the commission may administer oaths or affirmations to such
witnesses.
(e) To compel the attendance of witnesses at such hearings or
the production of any books, records, documents, papers or any
other tangible thing, the commission may issue subpoenas, signed by
one of the cochairpersons, in accordance with section five, article
one, chapter four of this code. Subpoenas may be served by any
person authorized by law to serve and execute legal process and
service shall be made without charge. Witnesses subpoenaed to
attend hearings shall be allowed the same mileage and per diem as
is allowed witnesses before any petit jury in this state.
(f) If any person subpoenaed to appear at any hearing refuses to appear or to answer inquiries there propounded, or fails or
refuses to produce books, records, documents, papers or any other
tangible thing within his control when demanded, the commission
shall report the facts to the circuit court of Kanawha County or
any other court of competent jurisdiction and the court may compel
obedience to the subpoena as though such subpoena had been issued
by the court in the first instance.
(g) The commission shall submit annual reports to the
Legislature, which describe and evaluate in a concise manner:
(1) The major activities of agencies of state government and
public and private entities involved in expanding the
infrastructure of, and access to broadband for the fiscal year
immediately past, including important policy decisions reached on
initiatives undertaken during that year, especially as such
activities, decisions and initiatives relate to:
(A) Improving the accessibility of appropriate broadband
services in all areas of this state;
(B) Improving the ability of the citizens of this state to
reasonably afford broadband services.
(2) Other information considered by the commission to be
important, including recommendations for statutory, fiscal or
policy reforms and reasons for such recommendations.
(h) The reports may specify in what manner any practice,
policy or procedure may or should be modified to satisfy the goal
of efficient and effective access to broadband services as they
become increasingly available in this state.
§5B-4-12. Powers and duties of the Secretary of Commerce
.
(a) The primary responsibility of the secretary is to foster
and support economic development and the advancement and
commercialization of new and emerging technologies through
collaborative agreements between business, industry and the state.
(b) The secretary may provide consulting and additional
services, including, but not limited to, evaluation of technology,
verification and assessment of market applications, grant
administration for any person engaged in public-private
collaborations with the department pertaining to technology
advancement and commercialization activities and research into new
areas of economic development relating to technology, technology
infrastructure and telecommunications.
(c) The secretary may receive and accept from any public body
or person or entity of any nature whatsoever grants to be expended
in accomplishing the objectives of this article and to receive and
accept state appropriations and grants from any public body and
from any other source, aid or contributions of either money,
property or other things of value to be held, used and applied only
for the purposes for which the grants and contributions may be made
or collect fees for consulting services rendered to any public
body.
(d) The secretary may accept and expend any gift, grant,
contribution, bequest, endowment or other money for the purposes of
this article and to make a maximum effort to encourage external
support for programs intended to expand broadband infrastructure into areas of the state not currently served. Any transfer of
endowment or other assets to the department shall be formalized in
a memorandum of agreement to assure, at a minimum, that any
restrictions governing the future disposition of funds are
preserved.
(e) The Department of Commerce shall cooperate with the
Department of Education and the Department of Health and Human
Resources to coordinate state resources as they relate to the
expansion of broadband technology so as to provide interactive
programs that project information and training related to early
childhood development directly into the homes and families of
children from birth to age eight.
(f) The Secretary of Commerce may promulgate rules to fulfill
the purposes of this section. These rules are not subject to the
provisions of chapter twenty-nine-a of this code, but shall be
filed with the Secretary of State.
§5B-4-13. Need for study; reporting requirements; information
gathering.
(a) The Secretary of Commerce shall enhance well-being,
prosperity, economic growth and community development through the
ongoing study and research into and development of best known
methods regarding the management practices, human factors and
cultural changes related to the implementation, operation and
utilization of technology, technology infrastructure and related
services. For the purposes of this section, "best known methods"
refers to plans that outline strategies and activities designed to continue, diversify or expand the economic base of the state as a
whole; create jobs; develop a highly capable workforce; enhance
productivity; facilitate business access to capital, including
venture capital and capital markets; advertise and market the
resources offered by the state with respect to the technology needs
of business and industry; facilitate cooperation among state
government, entrepreneurship efforts, public private partnerships,
universities and colleges; and leverage funding from sources other
than the state, including federal and private sources.
(b) In developing its study, the department shall consider
resources and technical support available through other agencies,
both public and private, including, but not limited to, the state
college and university systems; the West Virginia Housing
Development Fund; the Consumer Advocate Office of the Public
Service Commission; the West Virginia Economic Development
Authority; the West Virginia Parkways, Economic Development and
Tourism Authority; the West Virginia Chamber of Commerce; regional
planning and development councils; and state appropriations. The
Infrastructure and Jobs Development Council, as created by the
provisions of section three, article fifteen-a, chapter thirty-one
of this code, is also included with the above-named agencies and
entities, inasmuch as the broadband infrastructure project or
projects to be undertaken under the provisions of this article are
within the definition of the term "infrastructure project" as it is
defined in section two of said article.
(c) Upon completion of a study of best known methods in private industry and public policy, the secretary shall file an
initial preliminary report with the Joint Legislative Oversight
Commission on Transportation and Infrastructure created in this
article no later than the first day of November, two thousand
eight. The report shall include consideration of the following:
(1) Strategies and activities designed to continue, diversify
or expand the resources offered by the state with respect to the
technology needs of the state;
(2) Strategies to facilitate cooperation among state
government, local government, entrepreneurship efforts,
public-private partnerships and colleges and universities, with
respect to the technology needs of business and industry;
(3) Management and utilization of technology infrastructure
identifying potential growth areas where expanded resources may be
expected;
(4) Practices or methods to coordinate development and
utilization of technology infrastructure and the deployment of
technology infrastructure and related technology between public
bodies through the coordinated delivery of these systems; and
(5) Any other information that may be beneficial in adequately
assessing technology available in determining the need for and the
preparation of technology infrastructure plans.
(d) The secretary shall report annually to the Joint Oversight
Commission on Transportation and Infrastructure to advise the
commission about the deployment and operation of technology
infrastructure in this state and to make recommendations on policy and statutory changes that may be needed.
§5B-4-14. Providing technical and funding assistance to develop
technology infrastructure; contractual and joint
venture agreements.
(a) The Department of Commerce may:
(1) Provide assistance, including funding assistance to
develop technology infrastructure, and related technology through
a matching grant program. The department shall establish criteria
for awarding matching grants within the limits of funds
appropriated by the Legislature for the program or as may be
available from other sources;
(2) Provide technical assistance, including consulting
services for a fee to one or more public bodies pertaining to the
development of technology and technology infrastructure; and
(3) Enter into contractual or joint venture agreements with
one or more persons and public bodies pertaining to the development
of technology and technology infrastructure: Provided, That such
agreements may not be considered a debt of the state or a pledge of
the credit of the state.
(b) The powers and authority granted by this article, however,
must be focused on technical and funding assistance in those areas
remaining unserved and not displace accessible and generally
competitively priced broadband services or where industry is
expected to offer accessible and generally competitively priced
broadband services by the end of the next following calendar year.
§5B-4-15. Complete authority of article; liberal construction.
This article is full and complete authority for carrying out
the powers and duties of the same as herein provided. The
provisions of this article shall be liberally construed to
accomplish its purpose and no procedure or proceedings, notices,
consents or approvals are required in connection therewith except
as may be prescribed by this article.
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.
NOTE: The purpose of this bill
expanding technology
infrastructure to provide broadband Internet access throughout the
State of West Virginia; donation of surplus computers; authorizing
Chief Technology Officer to establish donation program; requiring
Chief Technology Officer to consult with and assist higher
education institution governing boards in creating a donation
program; requiring Chief Technology Officer to study the recycling
of obsolete technology; exempting donated computers from certain
procedures relating to disposition of surplus property;
creating
the Electronic Telecommunication Open Infrastructure Act (ETOPIA);
providing definitions for terms used in the article; setting forth
legislative findings; requiring an inventory and mapping of the
current availability of access to broadband communications in this
state; developing coordinated deployment and operation of
technology infrastructure within this state; providing for
technology infrastructure inventory, local government cooperation
and inventory survey reporting requirements; authorizing emergency
and legislative rules; prescribing the authority of the Secretary
of Department of Administration; describing specific authorized
disclosures of confidential information; creating Joint Legislative
Oversight Commission on Transportation and Infrastructure;
providing subpoena powers; providing for enforcement of subpoena
power through a court of competent jurisdiction; prescribing the
powers and duties of the Secretary of Commerce; establishing
reporting requirements; authorizing secretary to provide technical
and funding assistance to develop technology infrastructure;
authorizing secretary to engage in consulting services for fee;
authorizing contractual and joint venture agreements; providing for
the liberal construction of article; utilizing broadband
infrastructure, technology and information to enhance early
childhood development; providing for the confidentiality of trade secrets and proprietary information; providing for criminal
penalties for unlawful disclosure of confidential information or
data; and expanding number of higher education institutions
authorized to create computer and computer equipment donation
program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.