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
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."
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
(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
(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
(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
(C) Which exists for the purpose of advancing the common
occupation or profession of its membership; and
(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
(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
(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
(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
(4) Shall yearly update and revise the business plan of the
commission, in consultation with and under the direction of the
(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.