H. B. 3204
(By Delegates Boggs, Caputo, Varner, Morgan and Fragale)
[Introduced February 21, 2011; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5 and §12-6D-6, all relating to the creation of the West Virginia Enterprise Resource Planning Board and Executive Committee; powers of the board; management and control of Enterprise Resource Planning System; officers; staff; committees; Enterprise Resource Fund; and transfer of enterprise resource planning funds.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §12-6D-1, §12-6D-2, §12-6D-3, §12-6D-4, §12-6D-5 and §12-6D-6, all to read as follows:
ARTICLE 6D. WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD.
§12-6D-1. West Virginia Enterprise Resource Planning Board created; body corporate; board; members; annual and other meetings; open meetings and executive sessions.
(a) The West Virginia Resource Planning Board is created as a public body corporate and established to develop, implement and manage the Enterprise Resource Planning System.
(b) The board shall consist of the Governor, Auditor and the Treasurer. They shall serve by virtue of their offices and are not entitled to compensation under the provisions of this article.
§12-6D-2. Powers of the board.
The board may exercise all powers necessary or appropriate to carry out and effectuate the purposes of this article. The board may:
(1) Adopt and use a common seal and alter it at pleasure;
(2) Sue and be sued;
(3) Enter into contracts and execute and deliver instruments using the policies and procedures of the State Auditor’s Office;
(4) Acquire (by purchase, gift or otherwise), hold, use and dispose of real and personal property, deeds, mortgages and other instruments;
(5) Accept and receive gifts, grants and other moneys from any source;
(6) Promulgate and enforce by laws and rules for the management and conduct of its affairs;
(7) Propose legislative rules, including emergency rules, in accordance with article three, chapter twenty-nine-a of this code to establish a user fee for the maintenance of the Enterprise Resource System.
(8) Do all things necessary or convenient to implement and operate the board and carry out the intent of this article.
(9) Notwithstanding any other provision of law to the contrary, specifically article three, chapter five-a of this code, retain and contract with legal, accounting, financial and informative technology managers, advisors and consultants.
(10) Appoint representatives to a steering committee provided for by this article and delegate to the committee any and all duties of the board deemed necessary and convenient to effectuate the intent of this article.
(11) The board has the sole power and authority to review and ratify or overrule any decision of the steering committee upon written request of any committee member.
§12-6D-3. Management and control of Enterprise Resource Planning System; officers; staff; committees.
(a) The management and control of the Enterprise Resource Planning System is vested in the board in accordance with the provisions of this article. Any decision of the board shall be made by unanimous consent of the members.
(b) The Governor shall be the chairperson of the board unless the board votes to elect another member as chairperson. The chairperson shall also be the chairman of and an ex officio nonvoting member of the steering committee.
(c) The board may use the staff of the State Auditor, employ personnel and contract with any person or entity needed to perform the tasks related to development, management and operation of the Enterprise Resource Planning System.
(d) The board shall hold quarterly meetings. Board bylaws may provide for calling and holding additional meetings. All three voting members or their designees must be present to constitute a quorum of any meeting. Representatives of agencies and members of the public may attend any meeting held by the board. Attendees shall observe standards of decorum established by board policy.
(e) Any meeting of the board may be closed upon adoption of a motion by any board member when necessary to preserve the attorney-client privilege, to protect the privacy interests of individuals, to review personnel matters, to maintain confidentiality when confidentiality is in the best interest of the participants, or as otherwise provided by law.
§12-6D-4. Executive Steering Committee created, powers and authority.
There is hereby created a thirteen member executive steering committee of the board which shall be charged with the regular and routine oversight of the implementation and management of the enterprise resource planning system and any and all powers and duties delegated to them by the board. No action of the committee may proceed, if appealed to the board pursuant to subsection ten, section two of this article, until ratified by the board. Any appointment to the steering committee is effective immediately with respect to any and all rights and privileges of the committee member position.
(a) The board shall consist of thirteen members, as follows:
(1) The Secretary of the Department of Administration or his or her designee, the Secretary of Revenue or his or her designee, the Secretary of Transportation or his or her designee, and the Secretary of Health and Human Resources or his or her designee. They shall serve by virtue of their offices and are not entitled to compensation under the provisions of this article. The Secretaries of Administration, Revenue, Transportation and Health and Human Resources or their designees are subject to all duties, responsibilities and requirements of the provisions of this article; and
(2) Five persons appointed by the Governor, three of which will be representatives of institutions of Higher Education;
(3) Two persons appointed by the State Auditor;
(4) Two persons appointed by the State Treasurer;
(b) Appointment of the appointed board members shall be in effect until revoked. No appointed member of the steering committee may be removed from office except by the appointing board member.
(c) All committee members shall receive reasonable and necessary expenses actually incurred in discharging committee member duties pursuant to this article.
§12-6D-5. Enterprise Resource Fund.
There is hereby created a fund in the State Treasury entitled the Enterprise Resource Fund. The fund shall consist of any appropriations or transfers made for the purpose of studying, evaluating, creating, developing, implementing and managing a new Enterprise Resource Planning System and any fees collected in accordance with legislative rules approved by the board and proposed pursuant to this article. Expenditures from the fund are to be made for the purposes set forth in this article in accordance with appropriations by the Legislature and are not authorized from collections.
§12-6D-6. Transfer of Enterprise Resource Planning Funds.
The unencumbered balances of all funds allocated to the enterprise resource planning system for fiscal years ending June 30, 2011, and the fiscal year ending June 30, 2012, are hereby transferred to the Enterprise Resource Planning Fund on the effective date of this section in the year 2011.
NOTE: The purpose of this bill is relating to the creation of the West Virginia Enterprise Resource Planning Board and steering committee thereof.
This article is new; therefore, it has been completely underscored.