COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 431
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
____________
[Originating in the Committee on Government Organization;
reported 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 sections two and four, article
seven, chapter five-a of said code, all relating to science
and technology; creating the position of chief technology
officer within the office of the governor; definitions;
powers and duties; state offices, departments and agencies
excluded from the CTO's control; recreating the science and
technology advisory council within the office of the governor; new powers and duties of the council; and
modifying the powers and duties of the information services
and communications 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be repealed; that chapter five of said code be amended by adding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 sections two and 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 and implement policy.
§5-1B-2. Definitions.
As used in this article:
(a) "Chief technology officer" or "CTO" means the person
holding the position created in section three of this article and
vested with authority to plan, set policy 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.
(b) "Data-processing equipment" means: (1) any equipment
having stored program capabilities; (2) any equipment designed to
handle electronic input-output devices; or (3) any other similar
equipment specified by the director of the information and
services and communications division or chief technology officer.
(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) "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.
(e) "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.
(f) "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.
(g) "Related services" include feasibility studies, systems
design, software development, and time-sharing services whether
provided by state employees or others.
(h) "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.
§5-1B-3. Creation of the office of chief technology officer;
appointment and qualifications.
There is hereby created the office of chief technology
officer (CTO) 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, human
resources, and fiscal resources from any executive agency 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;
(11) Set policy dealing with establishing, developing and
improving data processing and telecommunication in state
government, and work with the information services and
communications division which will implement such policy; and
(12) 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,
Auditor, Agriculture Commissioner, Attorney General, Secretary of
State, Treasurer and the Judiciary, of all information systems
and telecommunication activities, and the equipment, supplies, personnel and funds appropriated therefor: P
rovided, That no
funds may be transferred from a special revenue account,
dedicated account, capital expenditure account or any other
account or funds specifically exempted by the Legislature, to be
expended for any use other than the purposes for which those
funds were dedicated or appropriated. The authority to transfer
funds under this section shall expire on the thirtieth day of
June, one thousand nine hundred ninety-eight.
(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.
§5-1B-5. Offices, departments and agencies excluded from the
provisions of this article.
Notwithstanding any other provision of the code to the
contrary, nothing in this article shall apply to the following
state government offices, departments or agencies of:
(a) The Auditor, Agriculture Commissioner, Attorney General,
Secretary of State, and Treasurer;
(b) The West Virginia Board of Education;
(c) The university of West Virginia system and the state
college system of West Virginia;
(d) The Legislature; and
(e) The Judiciary.
ARTICLE 1C. SCIENCE AND TECHNOLOGY ADVISORY 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,
duties; and executive director.
(a) There is hereby created within the office of the
governor the science and technology advisory council which is a
body corporate and politic, constituting a public corporation and
government instrumentality. The council shall consist of eleven
members who have professional, labor or managerial knowledge in
science and technology development and operations:
(1) Five members 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;
(2) 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 speaker of the House of Delegates;
(3) 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;
(4) Two members 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;
(5) 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 chancellor of the state college system of West
Virginia; and
(6) 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 council for community and economic
development.
(b) As of the effective date of this article, the governor
shall appoint the eleven members of the council for staggered
terms. The terms of the council members shall expire as
designated by the governor at the time of their appointment, being 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 case 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 advisory council.
(a) 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: (1) Preparation of a comprehensive strategic
plan and recommendation of programs in furtherance thereof that
will support and foster state science and technology research;
(2) cooperation with appropriate state agencies to retain and
enlarge existing state industries through technology expansion;
and (3) formulation of plans to establish science and technology
research centers at state universities and colleges. 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. 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, and shall include, but not be limited to, the
following:
(1) A science and technology policy;
(2) The identification of strengths and weaknesses in the
basic science resources and research capabilities in the state;
(3) The identification of methods that will coordinate and
engender collaborative research efforts between research entities
throughout the state, whether public or private;
(4) 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;
(5) Recommendations on how to improve and strengthen the
partnership between the private sector, institutions of higher
education and government;
(6) Recommendations on how to improve the infrastructure for
research and research training;
(7) Recommendations on a system to transfer technology to
the private sector in the state;
(8) 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;
(9) Recommendations on an outcome-based 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;
(10) Recommendations on legislative changes required to improve the overall science and technology environment in the
state; and
(11) 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-7-2. Division created; purpose; use of facilities; rules.
There is hereby created the information services and
communications division of the department of administration for
the purpose of establishing, developing and improving data
processing and telecommunication functions in the various state
agencies; for promulgating standards in the utilization of data
processing and telecommunication equipment; and for promoting the
more effective and efficient operation of all branches of state
government; and implementing the policies established by the
chief technology officer under article one-b, chapter five of
this code. The facilities of the division shall be available, subject to rules and regulations established promulgated by the
secretary, to the legislative, executive and judicial branches of
state government. Such rules and regulations shall be
promulgated in accordance with the provisions of article three,
chapter twenty-nine-a of this code.
§5A-7-4. Powers and duties of division.
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.
NOTE: The purpose of this bill is to create a chief
technology officer within the office of the governor and recreate
the science and technology advisory council under the governor's
office.
Articles 1B and 1C are new; therefore, strike-throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Email
Webmaster | © 2024 West Virginia Legislature **
