Bill Text: OR HB3258 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to state information technology resources; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2013-07-29 - Chapter 692, (2013 Laws): Effective date July 29, 2013. [HB3258 Detail]

Download: Oregon-2013-HB3258-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to A-Eng. HB 3258

LC 3516/HB 3258-A4

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3258

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 20

  On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and lines 3 and 4 and insert '
291.038; and declaring an emergency.'.
  Delete lines 6 through 25 and delete pages 2 through 13 and
insert:
  '  { +  SECTION 1. + } ORS 291.038 is amended to read:
  ' 291.038. (1)   { - The planning, acquisition, installation
and use of - }  { +  The State Chief Information Officer shall
oversee policy for and coordinate planning, architecture and
standardization of + } all information and telecommunications
technology by state government and agencies of state government
 { - shall be coordinated - } so that statewide { +  and
individual state agencies' + } plans and activities  { - , as
well as those of individual agencies, - }  are addressed in the
most integrated, economic and efficient manner { + , in a manner
that minimizes duplication, fragmentation, redundancy and cost in
state agency operations and in a manner that most effectively
meets state agency program needs + }.   { - To provide policy
direction for and coordination of information technology for
state government, the Director of the Oregon Department of
Administrative Services shall chair and appoint not fewer than
five agency executives to an Information Resources Management
Council. The council membership shall include at least two
members who represent the private sector and political
subdivisions of the state. - }
  ' (2) To facilitate accomplishment of the purpose set forth in
subsection (1) of this section, the   { - Oregon Department of
Administrative Services - }  { +  State Chief Information
Officer + } shall adopt rules, policies and standards to plan
for,   { - acquire, implement and manage - }   { + develop
architecture for and standardize + } the state's information
resources { +  and technologies + }. In developing rules,
policies and standards, the   { - department - }  { +  State
Chief Information Officer + } shall consult with state agencies
that have needs that information resources may satisfy. State
agencies shall cooperate with the   { - department - }  { +
State Chief Information Officer + } in preparing and complying
with rules, policies and standards. The  { +  State Chief
Information Officer shall formulate + } rules, policies and
standards   { - must be formulated - }  to promote electronic
communication and information sharing among state agencies and
programs, between state and local governments and with the public
where appropriate.
  ' (3)  { + The State Chief Information Officer shall
formulate + } rules, policies, plans, standards and
specifications   { - must be formulated - }  to ensure that
information resources  { + and technologies + } fit together in a
statewide system capable of providing ready access to
information, computing or telecommunication resources.  Plans and
specifications { +  that + } the   { - department - }  { +  State
Chief Information Officer + } adopts must be based on industry
standards for open systems to the greatest extent possible.
Before adopting rules described in subsection (2) of this
section, the
  { - department - }  { +  State Chief Information Officer + }
shall present the proposed rules to   { - the appropriate
legislative committee - }  { +  a committee or interim committee
of the Legislative Assembly that has oversight over information
resource and technology issues + }. The
  { - department - }  { +  State Chief Information Officer + }
has the responsibility to review, oversee and ensure that state
agencies'  { +  rules and + } planning, acquisition and
implementation activities align with and support the statewide
information resources management plan. The   { - department - }
 { +  Oregon Department of Administrative Services + } is
responsible for procuring information technology fairly,
competitively and in a manner that is consistent with the
 { - department's - }  { +  State Chief Information Officer's + }
rules.
  ' (4)(a) The policy of the State of Oregon is that state
government telecommunications networks should be designed to
provide state-of-the-art services where economically and
technically feasible, using shared, rather than dedicated, lines
and facilities.
  ' (b) The department shall, when procuring telecommunications
network services, consider achieving the economic development and
quality of life outcomes set forth in the Oregon benchmarks.
  ' (5)(a) The department, upon request, may furnish and deliver
statewide integrated videoconferencing and statewide online
access service to a public or private entity that primarily
conducts activities for the direct good or benefit of the public
or community at large in providing educational, economic
development, health care, human services, public safety, library
or other public services. The department shall adopt rules with
respect to furnishing the service.
  ' (b) The department { +   + }shall establish   { - the - }
statewide integrated videoconferencing and statewide online
access user fees, services, delivery, rates and long range plans
 { - in consultation with the Stakeholders Advisory Committee
created pursuant to this section - } . The rates   { - shall - }
 { +  must + } reflect the department's cost in providing the
service.
  ' (c) The department by rule shall restrict the department's
furnishing or delivery of Internet access service to private
entities   { - when - }  { +  if + } the service would directly
compete with two or more local established providers of Internet
access services within the local exchange telecommunications
service area.
  ' (d) The rates and services established and provided under
this section are not subject to the Public Utility Commission's
regulation or authority.
  '  { - (6)(a) There is created the Stakeholders Advisory
Committee, consisting of a minimum of nine members appointed by
the Director of the Oregon Department of Administrative Services.
In making appointments, the director shall give consideration to
geographic balance and adequate representation of the
department's users and providers and the general public. - }
  '  { - (b) The committee must consist of members who represent
elementary or secondary education, higher education, community
colleges, economic development, health care, human services and
public safety. At least four members must reside in areas east of
the Cascade Mountains. - }
  '  { - (c) The term of office of each member is three years,
but a member serves at the sole discretion of the director. The
director shall appoint a successor to a member before the
member's term expires. A member is eligible for reappointment. If
a position on the committee is vacant for any cause, the director
shall make an appointment to the position that is immediately
effective for the unexpired term. - }
  '  { - (d) A member of the committee is entitled to travel
expenses pursuant to ORS 292.495. Members of the committee are
not entitled to compensation. - }
  '  { - (e) The director may establish additional advisory and
technical committees as the director considers necessary to aid
and advise the Stakeholders Advisory Committee in the performance
of the committee's functions. - }
  '  { - (f) The director may delegate to the State Chief
Information Officer a duty, function or power that this
subsection imposes upon the director. - }
  '  { - (7) - }  { +  (6) + } An organization or organizations
recognized as tax exempt under section 501(c)(3) of the Internal
Revenue Code that primarily conduct activities for the direct
good or benefit of the public or community at large in providing
educational, economic development, health care, human services,
public safety, library or other public services and have formed
an affiliation with one or more federal, state or local
governmental units within this state may apply to the department
for designation as a community of interest. The application must
be in the form
  { - prescribed by the department - }  { +  that the department
prescribes + } and contain information regarding the governmental
affiliation relationship, the tax exempt status of each
organization and the public benefit services   { - to be
provided - }  { +  the organization provides or intends to
provide + }. The department shall establish an application review
and appeal process to ensure that designating the organizations
as a community of interest for the purposes of including the
organization in telecommunications contracts under ORS 283.520
will result in providing educational, medical, library or other
services for public benefit.
  '  { - (8) - }  { +  (7) + } This section does not apply to the
State Board of Higher Education or any public university listed
in ORS 352.002.
  '  { - (9) - }  { +  (8) + } As used in this section:
  ' (a) 'Information resources' means media, instruments and
methods for planning, collecting, processing, transmitting and
storing data and information, including telecommunications.
  ' (b) 'Information technology' includes, but is not limited to,
present and future forms of hardware, software and services for
data processing, office automation and telecommunications.
  ' (c) 'Internet access service' means electronic connectivity
to the Internet and the services of the Internet.
  ' (d) 'Open systems' means systems that allow state agencies
freedom of choice by providing a vendor-neutral operating
environment where different computers, applications, system
software and networks operate together easily and reliably.
  ' (e) 'State-of-the-art services' includes equipment,
facilities and the capability to distribute digital communication
signals that transmit voice, data, video and images over a
distance.
  '  { - (f) 'Telecommunications' means hardware, software and
services for transmitting voice, data, video and images over a
distance. - }
  '  { - (g) - }   { + (f) + } 'Statewide integrated
videoconferencing' means a statewide electronic system capable of
transmitting video, voice and data communications.
  '  { - (h) - }   { + (g) + } 'Statewide online access' means
electronic connectivity to information resources such as computer
conferencing, electronic mail, databases and Internet access.
  '  { +  (h) 'Telecommunications' means hardware, software and
services for transmitting voice, data, video and images over a
distance. + }
  '  { +  SECTION 2. + }  { + Section 3 of this 2013 Act is added
to and made a part of ORS chapter 291. + }
  '  { +  SECTION 3. + }  { + (1) The office of the State Chief
Information Officer is established in the Oregon Department of
Administrative Services for the purpose of directing,
coordinating and overseeing policy related to information
technology in accordance with ORS 291.038 and other statutes,
rules and policies that govern the state's or state agencies' use
of telecommunications and information technology.
  ' (2) The Governor shall appoint the State Chief Information
Officer, who shall serve at the pleasure of the Governor. The
State Chief Information Officer may adopt rules in accordance
with ORS chapter 183 to exercise and carry out the duties,
functions and powers committed to the State Chief Information
Officer under ORS 291.038 and other statutes, rules or policies
that commit functions to the State Chief Information Officer.
  ' (3) The State Chief Information Officer must be a person who,
by training and experience, is well qualified to:
  ' (a) Perform the duties of the office, as determined by the
Governor, in consultation with the Director of the Oregon
Department of Administrative Services; and
  ' (b) Carry out the functions specified in ORS 291.038 and in
other statutes, rules or policies that commit functions to the
State Chief Information Officer.
  ' (4)(a) The State Chief Information Officer shall adopt an
Information Technology and Telecommunications Plan for the state
and update the plan each biennium. The plan must provide for
integrating statewide technology initiatives, ensuring compliance
with information technology policies and standards, promoting
alignment of information resources and technologies and
effectively managing state agencies' information technology
portfolios. In developing the plan, the State Chief Information
Officer shall consult with and consider advice and suggestions
from state agencies and local governments, from private sector
information technology experts, from the Legislative Fiscal
Officer, from a committee of the Legislative Assembly with
oversight over information resource and technology issues or from
individual members of the Legislative Assembly that the President
of the Senate and the Speaker of the House of Representatives
appoint for the purpose of consulting with the State Chief
Information Officer under this subsection.
  ' (b) The State Chief Information Officer shall identify and
recommend to the director the resources that are necessary to
implement the plan the State Chief Information Officer adopts
under paragraph (a) of this subsection. The director, in
developing a biennial budget for the department, shall consider
the recommendations that the State Chief Information Officer
makes under this paragraph. + }
  '  { +  SECTION 4. + }  { + (1) Section 3 of this 2013 Act and
the amendments to ORS 291.038 by section 1 of this 2013 Act
become operative on January 1, 2014.
  ' (2) The State Chief Information Officer and the Director of
the Oregon Department of Administrative Services may take any
action before the operative date specified in subsection (1) of
this section that is necessary to enable the State Chief
Information Officer or the director to exercise, on and after the
operative date specified in subsection (1) of this section, all
of the duties, functions and powers conferred on the State Chief
Information Officer and the director by section 3 of this 2013
Act and the amendments to ORS 291.038 by section 1 of this 2013
Act. + }
  '  { +  SECTION 5. + }  { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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