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Engrossed Committee Substitute House Bill 2688 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 2688

(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)

[By Request of the Executive]

(Originating in the Committee on Finance)

[April 1, 1997]



A BILL to repeal article eighteen, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend chapter five of said code by adding thereto two new articles, designated articles one-b and one- c; and to amend and reenact section four, article seven, chapter five-a of said code, all relating to creating the position of chief technology officer within the office of the governor; appointment and qualification of the officer; powers and duties of the chief technology officer and the governor; continuing the science and technology council within the office of the governor; eligibility for reappointment to the council; expanding the responsibilities of the executive director of the council; changing the officer to whom the council is to report; expanding the strategic plan that must be reported; authority of the chief technology officer over the council; changing the powers and duties of the information services and communications division; and authority of chief technology officer to obtain assistance from the division.

Be it enacted by the Legislature of West Virginia:
That article eighteen, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that chapter five of said code be amended by adding thereto two new articles, designated articles one-b and one-c; and that section four, article seven, chapter five-a of said code be amended and reenacted, all to read as follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,

SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD

OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,

OFFICES, PROGRAMS, ETC.

ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.
§5-1B-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 office of the governor the office of chief technology officer with authority across all executive agencies to effect changes.
§5-1B-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 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, and equipment and systems for computer networks;
(d) "Related services" include feasibility studies, systems design, software development, and time-sharing services whether provided by state employees or others;
(e) "Project" means a program to provide information resources technologies support to functions of a state agency or education, that ideally is characterized by well-defined parameters, specific objectives, common benefits, planned activities, a scheduled completion date, and an established budget with a specified source of funding;
(f) "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; and
(g) "Chief technology officer" or "CTO" means the person holding the position created in section three of this article and vested with authority to plan and coordinate information systems that serve the effectiveness and efficiency of individual executive agencies including higher education, and further the overall management goals and purposes of government.
§5-1B-3. Creation of the office of chief technology officer; appointment and qualifications.

There is hereby created the office of chief technology officer within the office of the governor. The CTO shall be appointed by and shall serve at the will and pleasure of the governor. The CTO shall have knowledge in the field of information technology, experience in the design and management of information systems, and an understanding of the special demands upon government with respect to budgetary constraints, protection of privacy interests, and federal and state standards of accountability.
§5A-1B-4. Powers and duties; authority of governor to order transfer of equipment and personnel; professional staff.

(a) The CTO shall have the duty and authority to:
(1) Develop an organized approach to information resource management for this state and effect 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 and moving forward with projects;
(3) Provide, with the assistance of the information services and communications division of the department of administration, technical assistance to the administrators of the various agencies of the state in the design and management of information systems;
(4) Exercise such 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;
(5) Evaluate, in conjunction with the information services and communications division of the department of administration, the economic justification, system design and suitability of information equipment and related services, and approve the purchase, lease or acquisition of information equipment and contracts for related services by the various executive agencies of government;
(6) Draw upon staff of other executive agencies for advice and assistance in the formulation and implementation of administrative and operational plans and policies;
(7) 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;
(8) 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;
(9) 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;
(10) Create new technologies to be used in government, convene conferences and develop incentive packages to encourage the utilization of technology; and
(11) Engage in such other activities as directed by the governor.
(b) The governor is hereby authorized to order the transfer, in whole or in part, to the office of the CTO from any other department or agency of state government, except the Legislature and the judiciary, of all information systems and telecommunication activities, and the equipment, supplies, and personnel supporting those systems and activities.
(c) The CTO is authorized to employ the personnel necessary to carry out the work of the office and is hereby authorized to approve reimbursement of costs incurred by employees to obtain education and training.
(d) Any initial installation, enhancements or changes in information and/or telecommunication equipment or services by any department, agency, or spending unit shall be referred to the CTO for approval.
ARTICLE 1C. SCIENCE AND TECHNOLOGY COUNCIL.
§5-1C-1. Legislative purpose.

The Legislature hereby finds that a pressing need exists for a strategy based upon science and technology which promotes a scientifically literate citizenry, enhances government efficiency, encourages the creation of higher-paying jobs and enhances the growth of West Virginia's gross state product. To that end, the state recognizes the need for collaborative research and development efforts among institutions of higher education, industry, government and private organizations which will advance the state's scientific and technological development. The Legislature further finds that focused research and technical assistance efforts related to West Virginia industry will speed such development, improve technology transfer, assist companies in becoming growth leaders and link basic research and technological development to economic advancement.
The Legislature therefore declares that creation of a science and technology advisory council will be advantageous to the state by working to move West Virginia into a strong competitive position in science and technology and by improving the efficiency of government. The council shall provide policy advice to the Legislature and to the chief technology officer in the office of the governor on scientific and technology subjects and issues and provide policy advice to the council for community and economic development on science and technology issues that will serve to foster economic growth. The council shall also develop a state science and technology strategic plan for submission to the Legislature and the governor.
§5-1C-2. Science and technology advisory council; members, appointment and expenses; appointment, duties, and compensation of director.

(a)(1) The science and technology advisory council created
by chapter one hundred twenty, acts of the Legislature, regular session, one thousand nine hundred ninety-six , which is a body corporate and politic, constituting a public corporation and government instrumentality, is hereby continued within the office of the governor.
(2) The council shall consist of eleven members who have professional, labor or managerial knowledge in science and technology development and operations and shall be appointed as follows:
(A) Five members are to be appointed by the governor, with the advice and consent of the Senate, with not more than three belonging to the same political party, also three of whom shall be from different congressional districts of the state, and, as near as may be, provide a broad state geographical distribution of members of the council;
(B) One member is to be appointed by the governor, with the advice and consent of the Senate, from a list of two persons recommended by the speaker of the House of Delegates;
(C) One member to be appointed by the governor, with the advice and consent of the Senate, from a list of two persons recommended by the president of the Senate;
(D) Two members are to be appointed by the governor, with the advice and consent of the Senate, from a list of four persons recommended by the chancellor of the university of West Virginia system;
(E) One member is to be appointed by the governor, with the advice and consent of the Senate, from a list of two persons recommended by the chancellor of the state college system of West Virginia; and
(F) One member is to be appointed by the governor, with the advice and consent of the Senate, from a list of two persons recommended by the council for community and economic development.
(b) The terms of the council members first taking office on or after the effective date of this legislation shall expire as designated by the governor at the time of their appointment, three at the end of the first year, four at the end of the second year, and four at the end of the third year. As the original appointments expire, each subsequent appointment shall be for a full three-year term. Any member whose term has expired shall serve until a successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term. In cases of any vacancy in the office of a member, such vacancy shall be filled by the governor in the same manner as the original appointment was made.
(c) Members of the council are not entitled to compensation for services performed as members, but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties. A majority of serving members constitutes a quorum for the purpose of conducting business. The governor shall designate a chair, who is not a public official, for a term to run concurrently with the term of office of the member designated. The council shall conduct all meetings in accordance with the open meeting law pursuant to article nine-a, chapter six of this code.
(d) The council shall prepare and publish an annual report of its activities and accomplishments and submit it to the governor and to the legislative joint committee on government and finance on or before the fifteenth day of December of each year.
(e) Each year, the council shall submit to the governor a list of science and technology projects recommended for funding. Such projects shall serve to fulfill the policies established by the science and technology strategic plan. The recommendation shall itemize the funds requested and shall identify any expenditures that will be matched by federal funds, or matched by foundation, corporate or by other funds.
(f) The chair of the council also shall serve as the executive director of the council for his or her term of office. He or she shall hold a graduate degree and have professional experience in fields involving science and technology research or development. The expenses of the executive director shall be paid from funds provided by foundation grants, in-kind contributions, or other funds obtained pursuant to subsection (b), section four of this article. The executive director shall provide or obtain scientific and technical information to support the administrative work of the council, and to that end may contract with the university system, a nonprofit organization, or other state agency for research and administrative support.
(g) The executive director of the council shall be available to the governor, the chief technology officer within the office of the governor, the speaker of the House of Delegates, and the president of the Senate, to analyze and comment upon proposed legislation and rules which relate to or materially affect state scientific and technical issues.

§5-1C-3. Powers and duties of science and technology council.

(a)(1) The council shall consult with the higher education governing boards and with state business leaders in the exercise of its powers and duties, which shall include, but not be limited to, the following:
(A) Preparation of a comprehensive strategic plan and recommendation of programs in furtherance thereof that will support and foster state science and technology research;
(B) Cooperation with appropriate state agencies to retain and enlarge existing state industries through technology expansion; and
(C) Formulation of plans to establish science and technology research centers at state universities and colleges.
(2) The council may seek public and private research grants and contracts, matching funds and procurement arrangements from the state and federal government, private industry and other agencies, in furtherance of its mission and programs.
(3) An initial comprehensive strategic plan that will support and foster economic growth in science and technology research and development in the state shall be developed and provided to the chief technology officer within the office of the governor and the Legislature no later than the first day of July, one thousand nine hundred ninety-seven, and shall include, but not be limited to, the following:
(A) A science and technology policy;
(B) The identification of strengths and weaknesses in the basic science resources and research capabilities in the state;
(C) The identification of methods that will coordinate and engender collaborative research efforts between research entities throughout the state, whether public or private;
(D) The designation of areas for potential scientific and technological development, including those related to and having a direct impact upon the economic development of the state;
(E) Recommendations on how to improve and strengthen the partnership between the private sector, institutions of higher education and government;
(F) Recommendations on how to improve the infrastructure for research and research training;
(G) Recommendations on a system to transfer technology to the private sector in the state;
(H) Recommendations on information systems that serve the effectiveness and efficiency of state agencies and higher education and further the overall management goals and purposes of government;
(I) Recommendations on a tracking system for special needs students enrolled in the public schools and state colleges and universities, and the programs and services provided for those students;
(J) Recommendations on legislative changes required to improve the overall science and technology environment in the state; and
(K) Other recommendations on science and technology policy and programs as appropriate.
The strategic plan may be updated and refiled on or before the first day of July of each year; an annual work plan shall be submitted each year beginning the first day of July, one thousand nine hundred ninety-eight.
(b) In developing its strategic plan, the science and technology council shall utilize its resources as well as the technical support available to it through the university of West Virginia system, the state college system of West Virginia, the West Virginia development office, the West Virginia experimental program to stimulate competitive research (EPSCoR), federal and state agencies, and other appropriate organizations that have an interest in fostering science and technology research and development in West Virginia.
(c) The council shall undertake to keep abreast of state and national scientific and technological developments and work to establish, foster, and successfully conclude university, college, and other scientific research projects or clusters.
(d) To reduce and avoid duplication of research work and expenditures, the council shall, as a part of its strategic plan, formulate methods that will coordinate and generate collaborative efforts between research entities throughout West Virginia, whether public or private, and foster synergistic relationships among them. Cooperating agencies may contract with the council, as hereinafter provided, so as to participate in science and technology projects, jointly or through the programs of the council with other participating institutions, government units, and private business firms.
§5-1C-4. Public-private partnerships; funding.
(a) In furtherance of its mission, the science and technology council is authorized to enter into contracts or joint venture agreements with federal and state agencies; with nonprofit corporations organized pursuant to the corporate laws of this state or other jurisdictions that are qualified under section 501(c)(3) of the Internal Revenue Code; and with other organizations that conduct research, make grants, improve educational programs, and work for the scientific, educational or economic development of this state. All contracts and joint venture agreements must be approved by the chief technology officer within the office of the governor and by a majority vote of the council. The council may also enter into such contractual agreements for consideration or recompense to it even though such entities are funded from sources other than the state. Members of the council are not prohibited from sitting on the boards of directors of any contracting private nonprofit corporation, foundation, or firm:
Provided, That members of the council shall not be exempt from any of the provisions of chapter six-b of this code.
(b) The council is authorized to receive and accept gifts or grants from private foundations, corporations, individuals, devises and bequests or from other lawful sources. Such funds shall be paid into a special account in the state treasury for the use and benefit of the science and technology advisory council.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.
§5A-7-4. Powers and duties of division generally; professional staff; telephone service.

The division shall be responsible for the planning of an informational and analytical system for use by all branches of state government. The division shall also evaluate the economic justification, system design and suitability of equipment and systems used in state government providing technical services and assistance to the various state agencies with respect to developing and improving data processing and telecommunications functions. The division may provide training and direct data processing services to the various state agencies. The division shall, upon request of the chief technology officer within the office of the governor, provide technical assistance in evaluating the economic justification, system design and suitability of equipment and systems used in state government. The director shall report to the secretary.
The governor shall review such findings and recommendations and is hereby authorized to order the transfer, in whole or in part, to the division from any other department or agency of state government, except the Legislature, the judiciary and the university of West Virginia board of trustees and board of directors for the state college system, of all data processing and telecommunication activities, and the equipment, supplies, personnel and funds appropriated therefor utilized for data processing and telecommunication purposes: Provided, That any such transfer shall not be effective until ninety days following the entry of the transfer order by the governor.
The director shall be responsible for the development of personnel to carry out the technical work of the division and is hereby authorized to approve reimbursement of costs incurred by employees to obtain education and training.
Any procurements or changes in data processing and/or telecommunication equipment or services by any spending unit shall be referred to the director and payment for any such procurement or change will not be honored unless approved by the director.
An accounting system shall be implemented and maintained by the director for all telephone service to the state.

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