hb2243 intr

H. B. 2243

(By Delegates Canterbury, Campbell,

Amores and Ellem
)

[Introduced January 15, 2003; referred to the

Committee on Government Organization then Finance.]

A BILL to amend chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-e, relating to the creation of an information network commission to provide a self-funding electronic network for access to public information.

Be it enacted by the Legislature of West Virginia:

That chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article one-e, to read as follows:
ARTICLE 1E. INFORMATION NETWORK OF WEST VIRGINIA ACT.
§5-1E-1. Short title.

This act may be cited and known as the "Information Network of West Virginia Act."
§5-1E-2. Definitions.

As used in this article, the following words and terms have the following meanings, unless the context indicates another or different meaning or intent:

(1) "Agency" means any agency or instrumentality of the state of West Virginia which stores, gathers or generates public information.

(2) "Commission" means the West Virginia information network commission created in this article.

(3) "Gateway" means any centralized electronic information system by which public information is provided via dial-in modem or continuous link to the public through subscription or through public libraries.

(4) "Network manager" means the entity or person engaged to manage and run the gateway or network on behalf of the information network of West Virginia.

(5) "Public information" means any information stored, gathered or generated in electronic or magnetic form by the state, its agencies or instrumentalities, which is included within the materials considered public records under article one, chapter twenty-nine-b of this code and is not exempt from disclosure under that article or other provision of law, common law or by order of a court.

(6) "User association" means an association:

(A) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists;

(B) Which is registered with the state or is a West Virginia corporation;

(D) Which, after the appointment of the initial members of the commission, regularly promotes and encourages the subscription of its members to the gateway service provided by the commission.
§5-1E-3. Purpose and duties.

The West Virginia information network commission shall:

(1) Provide electronic access for members of the public to public information of agencies via a gateway service;

(2) Develop a dial-in gateway or electronic network for access to public information;

(3) Provide appropriate oversight of any network manager;

(4) Explore ways and means of expanding the amount and kind of public information provided, increasing the utility of the public information provided and the form in which provided, expanding the base of users who access the public information and, where appropriate, implementing the changes;

(5) Cooperate with the information systems and communications division of the department of administration and the chief technology officer within the office of the governor in seeking to achieve the purposes set forth in this article;

(6) Explore technological ways and means of improving citizen and business access to public information and, where appropriate, implement the technological improvements; and

(7) Explore options of expanding the network and its services to citizens and businesses by providing add-on services such as access to other for-profit information and databases and by providing electronic mail and calendaring to subscribers.

§5-1E-4. West Virginia information network commission; membership; officers elected annually; quorum; vote to take action.

(a) There is created the West Virginia information network commission. The commission is a public instrumentality and the exercise by the commission of the authority and powers conferred in this article are the performance of an essential governmental function.

(b) The commission consists of thirteen members, as follows:

(1) The secretary of state, ex officio, or designee;

(2) The state auditor, ex officio, or designee;

(3) The state treasurer, ex officio, or designee;

(4) Two members who are chief executive officers of agencies of the executive branch, appointed by the governor, without the advice and consent of the Senate;

(5) One member appointed by the governor, with the advice and consent of the Senate, from a list of three members of the West Virginia state bar submitted by its executive director;

(6) Four members from other user associations of a statewide character appointed by the governor, with the advice and consent of the Senate, from a list of not less than twelve individuals and their respective user associations compiled initially by the chief technology officer and after that by the commission and submitted to the governor. No two members appointed pursuant to this paragraph may represent the same user association;

(7) One member appointed by the governor from a list submitted by the president of the West Virginia library association and comprised of three librarians employed by public libraries. Following the initial appointment under this subdivision, the list shall be comprised of librarians of public libraries which subscribe to information network of West Virginia;

(8) The director of information systems and communications division of the department of administration; and

(9) The chief technology officer.

(c) Of the members initially appointed under subdivisions (4), (5) and (6) of subsection (b) of this section, the governor shall designate two to serve one-year terms, two to serve two-year terms and two to serve three-year terms. Subsequent appointments are for three-year terms or if a vacancy occurs prior to the expiration of a term, for the remainder of the term.

(d) The commission shall annually elect one of its members as chairperson of the commission, another as vice-chairperson and another as secretary.

(e) Seven members of the commission is a quorum and the affirmative vote of seven members is necessary for any action taken by the commission.

§5-1E-5. Duties and responsibilities; state agencies to cooperate and provide services and information; services and information to be provided pursuant to contract; agency may recover actual cost incurred.

(a) In order to achieve its purpose as provided in this article, the commission shall:

(1) Serve in an advisory capacity to the secretary of administration, director of the information services and communications division of the department of administration, the chief technology officer and other state agencies regarding the provision of state data to the citizens and businesses of West Virginia;

(2) Seek advice from the general public, network subscribers, professional associations, academic groups and institutions and individuals with knowledge of and interest in areas of networking, electronic mail, public information access, gateway services, add-on services and electronic filing of information; and

(3) Develop charges for the services provided to subscribers, which include the actual costs of providing the services.

(b) All state agencies shall cooperate with the commission in providing assistance as requested for the achievement of its purpose. Agencies may recover actual costs incurred by providing the assistance. Services and information to be provided by any agency shall be specified pursuant to contract between the commission and each agency and shall comply with the provisions of article one, chapter twenty-nine-b of this code.

§5-1E-6. Network manager, duties and compensation; contracts for consulting, research and other services; gifts, grants and donations, acceptance; not subject to state purchasing laws.

(a) The commission shall hire a network manager, which may be either an individual or other legal entity. The commission shall develop criteria and specifications in consultation with the director of the information services and communications division and the chief technology officer for the network manager and its duties. The commission may negotiate and enter into an employment agreement with the network manager selected which shall outline the manager's duties, responsibilities and compensation.

(b) The network manager shall direct and supervise the day-to-day operations and expansion of the gateway and network, including the initial phase of operations necessary to make the gateway operational, and:

(1) May employ, supervise and terminate other employees of the commission designated by the commission;

(2) Shall attend meetings of the commission;

(3) Shall keep a record of all gateway, network and related operations of the commission, which records are the property of the commission, and shall maintain and be a custodian of all financial and operational records, documents and papers filed with the commission; and

(4) Shall yearly update and revise the business plan of the commission, in consultation with and under the direction of the commission.

(c) The commission is authorized to negotiate and enter into contracts for professional consulting, research and other services.

(d) The commission may accept gifts, donations and grants.

(e) The commission is not subject to state purchasing laws.

§5-1E-7. Chief technology officer and information services and communications division to provide staff and other assistance requested; cost of assistance.

The chief technology officer and the director of the information services and communications division shall provide to the commission staff and other assistance as requested by the commission. The actual costs of the assistance shall be paid for by the commission.
§5-1E-8. Financing of operations; employees.

The commission shall fund its operations from revenues generated from subscribers, from money, goods or in-kind services donated from private sources and from funds specifically appropriated by the Legislature, if any. Initial funding for start-up costs shall be obtained from private donations.
§5-1E-9. West Virginia information network commission fund.

All moneys received by the commission from gifts, donations, grants or any other source outside the state treasury shall be deposited in a special account in the state treasury to be known as the "West Virginia information network commission fund." Expenditures from the fund shall be 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 fulfillment of the provisions of article two, chapter five-a of this code. However, for the fiscal year ending the thirtieth day of June, two thousand four, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.

NOTE: The purpose of this bill is to create the West Virginia Information Network Commission which will provide a self-funding electronic network for access to public information.

This article is new; therefore, strike-throughs and underscoring have been omitted.