Senate Bill No. 583
(By Senators Bowman and Chafin)
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[Introduced February 16, 2010; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §5A-6-4 of the Code of West Virginia,
1931, as amended, relating to the Office of Technology; and
changing references to the Information Services and
Communications Division to reflect the division's
consolidation into the Office of Technology.
Be it enacted by the Legislature of West Virginia:
That §5A-6-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-4. Powers and duties of the Chief Technology Officer;
generally.
(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;
(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: Provided, That the provisions of section
eighteen, article two, chapter eleven-b of this code shall not
operate to permit expenditures in excess of the spending authority
authorized by the Legislature. 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 and
technical infrastructure;
(10) Direct the formulation and promulgation of policies,
guidelines, standards and specifications for the development and
maintenance of information technology and technical infrastructure,
including, but not limited to:
(A) Standards to support state and local government exchange,
acquisition, storage, use, sharing and distribution of electronic information;
(B) Standards concerning the development of electronic
transactions, including the use of electronic signatures;
(C) Standards 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;
(D) Guidelines directing the establishment of statewide
standards for the efficient exchange of electronic information and
technology, including technical infrastructure, between the public
and private sectors;
(E) Technical and data standards for information technology and
related systems to promote efficiency and uniformity;
(F) Technical and data standards for the connectivity,
priorities and interoperability of technical infrastructure used for
homeland security, public safety and health and systems reliability
necessary to provide continuity of government operations in times
of disaster or emergency for all state, county and local
governmental units; and
(G) Technical and data standards for the coordinated
development of infrastructure related to deployment of electronic
government services among state, county and local governmental
units;
(11) Periodically evaluate the feasibility of subcontracting information technology resources and services, and to subcontract
only those resources that are feasible and beneficial to the state;
(12) Direct the compilation and maintenance of an inventory of
information technology and technical infrastructure of the state,
including infrastructure and technology of all state, county and
local governmental units, which may include personnel, facilities,
equipment, goods and contracts for service, wireless tower
facilities, geographic information systems and any technical
infrastructure or technology that is used for law enforcement,
homeland security or emergency services;
(13) Develop job descriptions and qualifications necessary to
perform duties related to information technology as outlined in this
article; and
(14) Promulgate 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.
(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 authority delegated by the Governor by executive order 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.
(d) The Chief Technology Officer shall develop a comprehensive,
statewide, four-year strategic information technology and technical
infrastructure policy and development plan to be submitted to the
Governor and the Joint Committee on Government and Finance. A
preliminary plan shall be submitted by December 1, 2006, and the
final plan shall be submitted by June 1, 2007. The plan shall
include, but not be limited to:
(A) A discussion of specific projects to implement the plan;
(B) A discussion of the acquisition, management and use of information technology by state agencies;
(C) A discussion of connectivity, priorities and
interoperability of the state's technical infrastructure with the
technical infrastructure of political subdivisions and encouraging
the coordinated development of facilities and services regarding
homeland security, law enforcement and emergency services to provide
for the continuity of government operations in times of disaster or
emergency;
(D) A discussion identifying potential market demand areas in
which expanded resources and technical infrastructure may be
expected;
(E) A discussion of technical infrastructure as it relates to
higher education and health;
(F) A discussion of the use of public-private partnerships in
the development of technical infrastructure and technology services;
and
(G) A discussion of coordinated initiatives in website
architecture and technical infrastructure to modernize and improve
government to citizen services, government to business services,
government to government relations and internal efficiency and
effectiveness of services, including a discussion of common technical
data standards and common portals to be utilized by state, county and
local governmental units.
(e) The Chief Technology Officer shall oversee
telecommunications services used by state spending units for the purpose of maximizing efficiency to the fullest possible extent. The
Chief Technology Officer shall establish microwave or other networks
and LATA hops; audit telecommunications services and usage; recommend
and develop strategies for the discontinuance of obsolete or
excessive utilization; participate in the renegotiation of
telecommunications contracts; and encourage the use of technology and
take other actions necessary to provide the greatest value to the
state.
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(NOTE: The purpose of this bill is to change references to the
Information Services and Communications Division to reflect the
divisions consolidation with the Office of Technology.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)