Senate Bill No. 653
(By Senators Tomblin, Mr. President, and Sprouse, By Request of
the Executive)
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[Introduced February 20, 2006; referred to the Committee on
Transportation; and then to the Committee on Government
Organization.]
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A BILL to amend and reenact §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and
§5A-6-6 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto three new sections,
designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the
Office of Technology; making legislative findings; defining
certain terms; detailing duties, powers and authority of the
Chief Technology Officer; establishing a Project Management
Office; requiring state spending units to provide notice and
obtain approval of Chief Technology Officer for certain
information technology and telecommunication projects; and
establishing and providing the administration for the West
Virginia Technology Infrastructure Fund.
Be it enacted by the Legislature of West Virginia:
That §5A-6-1, §5A-6-2, §5A-6-4, §5A-6-5 and §5A-6-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted;
and that said code be amended by adding thereto three new sections,
designated §5A-6-4a, §5A-6-4b and §5A-6-9, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-1. Findings and purposes.
The Legislature finds and declares that information technology
is essential to finding practical solutions to the everyday
problems of government, and that the management goals and purposes
of government are furthered by the development of compatible,
linked information systems across government. Therefore, it is the
purpose of this article to create, as an integral part of the
Department of Administration, the Office of Technology with the
authority to advise and make recommendations to all state spending
units on their information systems
and to have the authority to
oversee operations of the state's technical infrastructure.
§5A-6-2. Definitions.
As used in this article:
(a) "Information systems" means computer-based information
equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by
electronic or mechanical means;
(b) "Information technology" means data processing and
telecommunications hardware, software, services, supplies,
personnel, maintenance and training, and includes the programs and routines used to employ and control the capabilities of data
processing hardware;
(c) "Information equipment" includes central processing units,
front-end processing units, miniprocessors, microprocessors and
related peripheral equipment, including data storage devices,
networking equipment, services, routers, document scanners, data
entry equipment, terminal controllers, data terminal equipment,
computer-based word processing systems other than memory
typewriters;
(d) "Related services" include feasibility studies, systems
design, software development and time-sharing services whether
provided by state employees or others;
(e) "Telecommunications" means any transmission, emission or
reception of signs, signals, writings, images or sounds of
intelligence of any nature by wire, radio or other electromagnetic
or optical systems. The term includes all facilities and equipment
performing those functions that are owned, leased or used by the
executive agencies of state government;
(f) "Chief Technology Officer" means the person holding the
position created in section three of this article and vested with
authority to
assist oversee state spending units in planning and
coordinating information systems that serve the effectiveness and
efficiency of the
state and individual state spending units, and
further the overall management goals and purposes of government;
and
(g) "Experimental program to stimulate competitive research"
(EPSCoR) means the West Virginia component of the national EPSCoR
program which is designed to improve the competitive research and
development position of selected states through investments in
academic research laboratories and laboratory equipment. The
recognized West Virginia EPSCoR, which is part of the Office of
Technology, is the responsible organization for the coordination
and submission of proposals to all federal agencies participating
in the EPSCoR program.
(g) "Technical infrastructure" is defined as all information
systems, information technology, information equipment,
telecommunications and related services as defined in this section;
(h) "Information technology project" means the process by
which telecommunications, automated data processing, databases,
the Internet, management information systems, and related
information, equipment, goods, and services are planned, procured
and implemented.
(i) "Major information technology project" means any
information technology project estimated to cost more than one
hundred thousand dollars or require more than three hundred man
hours to complete; and
(j) "Steering body committee" means an internal agency
oversight committee established jointly by the chief technology
officer and the agency requesting the project upon approval to
proceed with the development and acquisition of a major technology project which shall include representatives from the Office of
Technology and at least one representative from the agency
requesting the project.
§5A-6-4. Powers and duties; professional staff.
(a) With respect to all state spending units the Chief
Technology Officer may:
(1) Develop an organized approach to information resource
management for this state;
(2) Provide, with the assistance of the Information Services
and Communications Division of the Department of Administration,
technical assistance to the administrators of the various state
spending units in the design and management of information systems;
(3) Evaluate, in conjunction with the information services and
communications division, the economic justification, system design
and suitability of information equipment and related services, and
review and make recommendations on the purchase, lease or
acquisition of information equipment and contracts for related
services by the state spending units;
(4) Develop a mechanism for identifying those instances where
systems of paper forms should be replaced by direct use of
information equipment and those instances where applicable state or
federal standards of accountability demand retention of some paper
processes;
(5) Develop a mechanism for identifying those instances where
information systems should be linked and information shared, while providing for appropriate limitations on access and the security of
information;
(6) Create new technologies to be used in government, convene
conferences and develop incentive packages to encourage the
utilization of technology;
(7) Engage in any other activities as directed by the
Governor;
and
(8) Charge a fee to the state spending units for evaluations
performed and technical assistance provided under the provisions of
this section. All fees collected by the Chief Technology Officer
shall be deposited in a special account in the State Treasury to be
known as the "Chief Technology Officer Administration Fund".
Expenditures from the fund shall be made by the Chief Technology
Officer for the purposes set forth in this article and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
eleven-b of this code. Amounts collected which are found to exceed
the funds needed for purposes set forth in this article may be
transferred to other accounts or funds and redesignated for other
purposes by appropriation of the Legislature;
(9) Monitor trends and advances in information technology;
(10) Develop a comprehensive, statewide, four-year strategic
plan for information technology to include specific projects that implement the plan; and plan for the acquisition, management, and
use of information technology by state agencies;
(11) Direct the formulation and promulgation of policies,
guidelines, standards, and specifications for the development and
maintenance of information technology for state agencies,
including, but not limited to, those (i) required to support state
and local government exchange, acquisition, storage, use, sharing,
and distribution of electronic information, (ii) concerned with the
development of electronic transactions including the use of
electronic signatures, (iii) necessary to support a unified
approach to information technology across the totality of state
government, thereby assuring that the citizens and businesses of
the state receive the greatest possible security, value, and
convenience from investments made in technology, (iv) direct the
establishment of statewide standards for the efficient exchange of
electronic information and technology, including infrastructure,
between the public and private sectors, and (v) develop statewide
technical and data standards for information technology and related
systems to promote efficiency and uniformity;
(12) Oversee and administer the "West Virginia Technology
Infrastructure Fund";
(13) Periodically evaluate the feasibility of subcontracting
information technology resources and services, and subcontract only
those resources that are feasible and beneficial to the state;
(14) Direct the compilation and maintenance of an inventory of information technology, including, but not limited to, personnel,
facilities, equipment, goods and contracts for services;
(15) Develop job descriptions and qualifications necessary to
perform duties related to information technology as outlined in
this article; and
(16) Promulgate such legislative rules, in accordance with the
provisions of chapter twenty-nine-a of this code, as may be
necessary to standardize and make effective the administration of
the provisions of article six of this chapter. Pending legislative
approval of such legislative rule, the chief technology officer may
by emergency rule prescribe the contents of the policies,
procedures and standards relating to information technology within
the state.
(b) With respect to executive agencies, the Chief Technology
Officer may:
(1) Develop a unified and integrated structure for information
systems for all executive agencies;
(2) Establish, based on need and opportunity, priorities and
time lines for addressing the information technology requirements
of the various executive agencies of state government;
(3) Exercise the authority inherent to the chief executive of
the state as the Governor may, by executive order, delegate, to
overrule and supersede decisions made by the administrators of the
various executive agencies of government with respect to the design
and management of information systems and the purchase, lease or acquisition of information equipment and contracts for related
services;
(4) Draw upon staff of other executive agencies for advice and
assistance in the formulation and implementation of administrative
and operational plans and policies; and
(5) Recommend to the Governor transfers of equipment and human
resources from any executive agency and the most effective and
efficient uses of the fiscal resources of executive agencies, to
consolidate or centralize information-processing operations.
(c) The Chief Technology Officer may employ the personnel
necessary to carry out the work of the Office of Technology and may
approve reimbursement of costs incurred by employees to obtain
education and training.
§5A-6-4a. Additional duties of the Chief Technology Officer
relating to security of government information.
(a) To ensure the security of state government information and
the data communications infrastructure from unauthorized uses,
intrusions, or other security threats, the chief technology officer
shall direct the development, adoption, and training of policies,
procedures, and standards as prescribed by legislative rule
promulgated in accordance with the provisions of chapter twenty-
nine-a of this code to minimize vulnerability to such threats, and
to regularly assess security risks, determine appropriate security
measures and perform security audits of government information
systems and data communications infrastructures. At a minimum, these policies, procedures and standards shall identify and require
the adoption of practices to safeguard information systems, data
and communications infrastructures, as well as define the scope and
regularity of security audits, and which bodies are authorized to
conduct security audits. Such audits may include reviews of
physical security practices.
(b) The chief technology officer shall provide for periodic
security audits of all executive branch agencies regarding the
protection of government databases and data communications.
(1) Security audits may include, but are not limited to, on-
site audits as well as reviews of all written security procedures
and documented practices;
(2) The chief technology officer may contract with a private
firm or firms that specialize in conducting such audits;
(c) All public bodies subject to such audits as required by
this section shall fully cooperate with the entity designated to
perform such audit;
(d) The chief technology officer may direct specific
remediation actions to mitigate findings of insufficient
administrative, technical and physical controls necessary to
protect state government information or data communication
infrastructures; and
(e) The provisions of this section shall not infringe upon
responsibilities assigned to the State Comptroller, the Auditor, or
the Legislative Auditor, or by other provisions in West Virginia code.
§5A-6-4b. Additional duties of the Chief Technology Officer
relating to project management; establishment of the project
management office (PMO).
(a) The chief technology officer shall have the following
duties relating to the management of information technology
projects:
(1) Develop an approval process for proposed major information
technology projects by state agencies to ensure that all such
projects conform to the statewide strategic plan and the
information management plans of agencies;
(2) Establish a methodology for conceiving, planning,
scheduling and providing appropriate oversight for information
technology projects including a process for approving the planning,
development and procurement of information technology projects.
Such methodology shall include guidelines for the establishment of
appropriate oversight for information technology projects;
(3) Establish minimum qualifications and training standards
for project managers;
(4) Direct the development of any statewide and multi-agency
enterprise project; and
(5) Develop and update a project management methodology to be
used by agencies in the development of information technology.
(b) The chief technology officer shall develop a project
management office (PMO) within the Office of Technology that will have the following powers and duties:
(1) Implement the approval process for the information
technology projects;
(2) Assist the chief technology officer in the development and
implementation of a project management methodology to be used in
the development and implementation of information technology
projects in accordance with this article;
(3) Provide ongoing assistance and support to state agencies
and public institutions of higher education in the development of
information technology projects;
(4) Establish a program providing training to agency project
managers;
(5) Review information management and information technology
plans submitted by agencies and recommend to the chief technology
officer the approval of such plans and any amendments thereto;
(6) Monitor the implementation of information management and
information technology plans and periodically report its findings
to the chief technology officer;
(7) Assign project managers to review and recommend
information technology project proposals based on criteria
developed by the Division based on the (i) degree to which the
project is consistent with the State's overall strategic plan; (ii)
technical feasibility of the project; (iii) benefits to the State
of the project, including customer service improvements; (iv) risks
associated with the project; (v) continued funding requirements; and (vi) past performance by the agency on other projects; and
(8) Provide oversight for state agency information technology
projects.
(c) Prior to proceeding with a major information technology
project, an agency shall submit a project proposal, outlining the
business need for the project, the proposed technology solution, if
known, and an explanation of how the project would support the
agency's business objective and the state's strategic plan for
information technology. The project manager may require the
submission of additional information is needed to adequately review
any such proposal.
(d) The proposal will further include (i) a detailed business
case including a cost-benefit analysis; (ii) a business process
analysis, if applicable; (iii) system requirements, if known; (iv)
a proposed development plan and project management structure; (v)
business goals and measurement criteria, as appropriate; and (vi)
a proposed resources or funding plan.
(e) The project manager assigned to review the project
development proposal shall recommend its approval or rejection to
the chief technology officer. If the chief technology officer
determines that the proposal be approved, he shall notify the
agency of such approval.
(f) Whenever an agency has received approval from the chief
technology officer to proceed with the development and acquisition
of a major information technology project, the chief technology officer shall establish the "steering body committee".
(g) The steering body committee shall provide ongoing
oversight for the major information technology project and have the
authority to approve or reject any changes in the project's scope,
schedule, or budget.
(h) The chief technology officer shall ensure that the major
information technology project has in place adequate project
management and oversight structures for addressing major issues
that could affect the project's scope, schedule or budget and shall
address issues that cannot be resolved by the steering body
committee.
§5A-6-5. Notice of request for proposals by state spending units
required to make purchases through the State Purchasing Division.
Any state spending unit that
pursues an information technology
purchase that does not meet the definition of a "major technology
project" and who is required to submit a request for proposal to
the State Purchasing Division prior to purchasing goods or services
shall
notify obtain the approval of the Chief Technology Officer,
in writing, of any proposed purchase of goods or services related
to its information
technology and telecommunication systems. The
notice shall contain a brief description of the goods and services
to be purchased. The state spending unit shall provide the notice
to the Chief Technology Officer
at the same prior to the time it
submits its request for proposal to the State Purchasing Division.
§5A-6-6. Notice of request for proposals by state spending units exempted from submitting purchases to the State Purchasing
Division.
(a) Any state spending unit that is not required to submit a
request for proposal to the State Purchasing Division prior to
purchasing goods or services shall notify the Chief Technology
Officer, in writing, of any proposed purchase of goods or services
related to its information
technology or telecommunication systems.
The notice shall contain a detailed description of the goods and
services to be purchased. The state spending unit shall provide the
notice to the Chief Technology Officer a minimum of ten days prior
to the time it requests bids on the provision of the goods or
services.
(b) If the Chief Technology Officer evaluates the suitability
of the information
technology and telecommunication equipment and
related services under the provisions of subdivision (3),
subsection (a), section four of this article and determines that
the goods or services to be purchased are not suitable, he or she
shall, within ten days of receiving the notice from the state
spending unit, notify the state spending unit, in writing, of any
recommendations he or she has regarding the proposed purchase of
the goods or services. If the state spending unit receives a
written notice from the Chief Technology Officer within the time
period required by this section, the state spending unit shall not
put the goods or services out for bid less than fifteen days
following receipt of the notice from the Chief Technology Officer.
§5A-6-9. Establishment & Administration of the West Virginia
Technology Infrastructure Fund.
(a) There is hereby created in the Office of Technology a
special fund to be named the "West Virginia Technology
Infrastructure Fund".
(b) The "West Virginia Technology Infrastructure Fund" shall
be an interest bearing account and may be invested in the manner
permitted by law. Any unexpended balance in the Fund at the end of
the fiscal year shall not be transferred to the general fund of the
state treasury. Funds paid into the account shall be derived from
the following sources:
(1) specific appropriations to the fund made by the
legislature;
(2) any gifts, grants, bequests, transfers or donations which
may be received from any governmental entity or unit, or any
person, firm, foundation or corporation; and
(3) interest or any investments accrued to the fund.
(c) The funds shall be used by the chief technology officer to
fund information technology projects and cost saving initiatives
that will drive additional standardization, consolidation and
integration of the State's technical infrastructure or to eliminate
obsolete technologies that may be posing a substantial risk to the
State's technical environment. Any balance remaining in the fund
shall remain in the Fund for continued use to fund information
technology projects and cost saving initiatives.
(NOTE: The purpose of this bill is to clarify duties of the
chief technology officer and to add duties relating to the security
of government information and to the management of technology
projects. The bill also established the "West Virginia Technology
Infrastructure Fund."
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§5A-6-4a, §5A-6-4b, and §5A-6-9 are new; therefore, strike-
throughs and underscoring have been omitted.)
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