H. B. 3204
(By Delegates Boggs, Caputo, Varner, Morgan and Fragale
[Passed March 12, 2011; in effect from passage.]
AN ACT 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
West Virginia Enterprise Resource Planning System; creating
the Enterprise Resource Planning Board; providing for
composition, purpose, powers and duties of the board; creating
a steering committee; providing for composition, purpose,
powers and duties of the steering committee; providing for
expense reimbursement for members of the steering committee;
creating the Enterprise Resource Planning System Fund in the
state treasury; and transferring funds allocated to the system
to the Enterprise Resource Planning System Fund.
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;
board composition and purpose; Enterprise Resource
(a) As used in this article "enterprise resource planning"
means the implementation of software applications to achieve the
comprehensive integration of data sources and processes of state
agencies into a unified system that includes the state's financial
management, procurement, personnel, payroll, budget development and
other administrative business processes.
(b) There is created the West Virginia Enterprise Resource
Planning Board, whose purpose is to develop, implement and manage
the Enterprise Resource Planning System.
(c) The board consists of the Governor, Auditor and the
Treasurer, who 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:
(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;
(4) Acquire by purchase, gift or otherwise, hold, use and
dispose of real and personal property, deeds, mortgages and other
(5) Accept and receive gifts, grants and other moneys from any
(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
(8) Contract with and retain legal, accounting, financial and
information technology managers, advisors and consultants;
(9) Delegate to the committee any and all duties of the board
deemed necessary and convenient to effectuate the intent of this
(10) Review and ratify or overrule any decision of the
(11) Review written appeals submitted by the steering
committee chairman at the request of a committee member; and
(12) Do all things necessary or convenient to implement and
operate the board and carry out the purposes of this article.
§12-6D-3. Management and control of Enterprise Resource Planning
System; designation of chair; meetings; executive session.
(a) The board shall manage and control the Enterprise Resource
Planning System in accordance with the provisions of this article.
(b) The Governor shall be the chairperson of the board unless the board votes to elect another member as chairperson.
(c) Decisions of the board require unanimous consent of the
(d) The board may use the staff, policies and procedures of
the State Auditor, employ personnel and contract with any person or
entity needed to perform the tasks related to the development,
management and operation of the Enterprise Resource Planning
(e) The board shall hold meetings at least quarterly. Board
by-laws may provide for additional meetings.
(f) All three voting members must be present to constitute a
quorum of any meeting.
(g) Meetings of the board are subject to the provisions of
article nine-a, chapter six of this code.
(h) The board may convene in executive session, upon adoption
of a proper motion by a 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. Steering Committee created; powers and authority.
(a) There is created a sixteen member steering committee of
the board whose purpose is to provide routine oversight of the
implementation and management of the enterprise resource planning
system and perform duties delegated to them by the board.
(b) The steering committee shall annually elect a chairperson
to chair the committee.
(c) A steering committee member may appeal any action of the
committee to the board by submitting a written request for board
review to the steering committee chairperson within ten days of the
disputed committee action. The committee chairperson shall forward
the appeal to the board. The board shall review appeals at the
next regularly scheduled board meeting and shall ratify or overturn
the decision of the board in writing. No disputed action of the
committee may proceed, if appealed to the board, until ratified or
overturned by the board.
(d) The steering committee shall consist of sixteen members,
(1) The Secretary of the Department of Administration, the
Secretary of Revenue, the Secretary of Transportation, and the
Secretary of Health and Human Resources. They shall serve by virtue
of their offices, are not entitled to compensation under the
provisions of this article, and are subject to all duties,
responsibilities and requirements of the provisions of this
(2) Five persons appointed by the Governor, three of whom will
be representatives of institutions of Higher Education;
(3) Two persons appointed by the State Auditor;
(4) Two persons appointed by the State Treasurer;
(5) A member of the Senate appointed by the President of the Senate, who shall be a non-voting member; and
(6) A member of the House of Delegates appointed by the
Speaker of the House, who shall be a non-voting member;
(7) A member who represents public employees, who shall be a
(e) A member may appoint a designee to serve on his or her
(f) A member may serve until his or her appointment is revoked
or until his or her successor is appointed and qualified.
(g) Members are entitled to reasonable and necessary expenses
actually incurred in discharging committee duties pursuant to this
§12-6D-5. Enterprise Resource Planning Fund.
There is hereby created a fund in the State Treasury entitled
the Enterprise Resource Planning System Fund to be administered by
the board. 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
§12-6D-6. Transfer of Enterprise Resource Planning Funds.
The unencumbered balances of all funds allocated to the
enterprise resource planning system for fiscal year ending June 30,
2011, and the fiscal year ending June 30, 2012, are hereby
transferred to the Enterprise Resource Planning System Fund on the
effective date of this section in the year 2011.