Bill Text: WV SB486 | 2021 | Regular Session | Introduced
Bill Title: Relating to powers and duties of Chief Technology Officer
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2021-05-24 - Chapter 137, Acts, Regular Session, 2021 [SB486 Detail]
Download: West_Virginia-2021-SB486-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 486
By Senator Swope
[Introduced March 1, 2021;
referred
to the Committee on Government Organization]
A BILL to amend and reenact §5A-6-2, §5A-6-3, §5A-6-4, §5A-6-4b, §5A-6-4c, §5A-6-5, §5A-6-6, §5A-6-7, and §5A-6-8 of the Code of West Virginia, 1931, as amended, all relating to the Office of Technology; renaming the Chief Technology Officer; updating definitions; updating authority of the Chief Technology Officer; continuing special fund; providing an information technology governance structure for executive agencies; authorizing the Chief Technology Officer to provide training; authorizing the Project Management Office to review agency proposals for technology investment; providing criteria to evaluate proposals; authorizing the Project Management Office to maintain an enterprise technology portfolio; authorizing the Project Management Office to collect necessary data to develop a technology portfolio; authorizing the Chief Technology Officer to establish an advisory committee; and authorizing the Chief Technology Officer to request resources and support from the federal government for cybersecurity and technology initiatives.
Be it enacted by the Legislature of West Virginia:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-2. Definitions.
As used in this article:
(a) “Information systems” means computer-based
information equipment and related services designed for the automated
transmission, storage, manipulation and retrieval of data by electronic or
mechanical means a discrete set of information resources organized for
the collection, processing, maintenance, use, sharing, dissemination, or
disposition of information;
(b) “Information technology” means data processing and
telecommunications hardware, software, services, supplies, personnel,
maintenance, training and includes the programs and routines used to employ and
control the capabilities of data processing hardware any equipment or
interconnected system or subsystem of equipment that is used in the automatic
acquisition, storage, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or information;
(c) “Information equipment” includes central
processing units, front-end processing units, miniprocessors, microprocessors
and related peripheral equipment, including data storage devices, networking
equipment, services, routers, document scanners, data entry equipment, terminal
controllers, data terminal equipment and computer-based word processing systems
other than memory typewriters;
(d) “Related Technology services” includes
feasibility studies, systems design, software development and time-sharing
services whether provided by state employees or others means professional
services designed to provide functions, maintenance, and support of information
technology devices, or services including but not limited to computer systems
application development and maintenance; systems integration and
interoperability; operating systems maintenance and design; computer systems
programming; computer systems software support; planning and security relating
to information technology devices; data management consultation; information
technology education and consulting; information technology planning and
standards; and establishment of local area network and workstation management
standards;
(e) “Telecommunications” means any transmission,
emission or reception of signs, signals, writings, images or sounds of
intelligence of any nature by wire, radio or other electromagnetic or optical
systems. The term includes all facilities and equipment performing those
functions that are owned, leased or used by the executive agencies of state
government the preparation, transmission, communication, or related
processing of information by electrical, electromagnetic, electromechanical, electro-optical,
or electronic means;
(f) “Chief Technology Information Officer”
means the person holding the position created in §5A-6-3 of this code and
vested with authority to oversee state spending units in planning and
coordinating information systems that serve the effectiveness and efficiency of
the State and individual State spending units and further the overall
management goals and purposes of government: Provided, That reference
to “Chief Technology Officer” in other articles of this code shall mean “Chief
Information Officer;
(g) “Technical infrastructure” means all information
systems, information technology, information technology equipment,
telecommunications and related technology services as defined in
this section;
(h) “Information
technology project” means the process by which telecommunications, automated
data processing, databases, the Internet, management information systems and
related information, equipment, goods and services are planned, procured and
implemented;
(i) “Major information technology Technology
project” means any information technology project estimated to cost more
than $250,000. Major information technology projects do not include
equipment-only or software-only purchases in which labor is not necessary; and
a project where technology is a significant component and is either valued
at $250,000 or more, or will involve sensitive or restricted data.
(j) “Steering committee” means an internal agency
oversight committee established jointly by the Chief Technology Information
Officer and the agency requesting proposing the project, which
shall include representatives from the Office of Technology and at least one
representative from the agency requesting proposing the project.
“Technology portfolio” means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments.
§5A-6-3. Office of
Technology; Chief Technology Information Officer; appointment and
qualifications; continuation of special fund.
The Office of Technology is
created within the Department of Administration., to be led by a
Chief Information Officer, who A Chief Technology Officer shall be
appointed by and shall serve at the will and pleasure of the Governor.
The Chief Technology Information Officer shall have knowledge in
the field of information technology, experience in the design and management of
information systems and an understanding of the special demands upon government
with respect to budgetary constraints, the protection of privacy interests and
federal and state standards of accountability.
(b) There is hereby continued in the State Treasury a special account to be known as the Chief Technology Officer Administration Fund. All fees collected by the Chief Information Officer pursuant to this article shall be deposited into the fund. Expenditures from the fund shall be made by the Chief Information Officer for the purposes set forth in this article and are not authorized from collections but are to made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq., of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq., of this code: Provided, That the provisions of §11B-2-18 of this code do not operate to permit expenditures in excess of the spending authority provided by the Legislature.
§5A-6-4. Powers and
duties of the Chief Technology Information Officer generally.
(a) With respect to all state spending units the Chief Technology
Information Officer may:
(1) Establish information technology governance to align technology management with departmental and agency business goals, including but not limited to:
(A) 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 user experience from investments made in technology;
(B) Standards relating to the exchange, acquisition, storage, use, sharing, and distribution of data;
(C) Standards for the connectivity, interoperability and continuity of technology for government operations in times of disaster or emergency;
(1) Develop an organized
approach to information resource management for this state;
(2) Provide technical
assistance to the administrators of the various state spending units in the
design and management of information systems;
(3) Evaluate 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) (2) 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
data;
(6) (3) 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) (4) Charge a fee to the state spending units
for evaluations performed and technical assistance services
provided under the provisions of this section article. 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 do 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) (5) 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) (6) Develop job descriptions and
qualifications necessary to perform duties related to information technology as
outlined in this article; and
(7) Provide information technology related training to facilitate efficient use of state technology resources;
(8) Submit resource and support requests to the federal government to support of technology or cyber security initiatives or programs;
(9) Engage in any other activities as directed by the Governor; and
(14) (10) Promulgate legislative rules, in
accordance with the provisions of §29A-1-1, et seq., as may be
necessary to standardize and make effective the administration of the
provisions of article six of this chapter this article.
(b) With respect to
executive agencies, the Chief Technology Information 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 timelines 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) (3) Draw upon staff of other executive
agencies for advice and assistance in the formulation and implementation of
administrative and operational plans and policies;
(5) (4) Recommend to the Governor transfers of
equipment and human resources from any executive agency and for the
most effective and efficient uses of the fiscal resources of executive
agencies, to consolidate or centralize information-processing operations
modernize information technology investments; and
(6) (5) Ensure information technology equipment
is properly cleansed before disposal or transfer to another agency or
organization and is responsible for the retirement or transfer of information
technology equipment that may contain confidential or privileged electronic
data. Information technology equipment shall be cleansed using appropriate and
effective methods that are commensurate with the data, the decommissioning
agency and the planned disposition of the information technology equipment.
Following the cleansing, the Chief Technology Officer may distribute the
information technology equipment for reuse by another state spending unit, send
the information technology equipment to a state authorized recycler or send the
information technology equipment to a certified information technology
equipment refurbisher. Transfers and disposal of
information technology equipment are specifically exempt from the surplus
property requirements enumerated in §§5A-3-43, 5A-3-44, 5A-3-45, and 5A-3-46
Provide guidance and services where feasible to support proper cleansing of
electronic data; and
(6) Develop an information technology recycling program to redistribute or reuse properly cleansed technology equipment. Transfers and disposal of information technology equipment are specifically exempt from the surplus property requirements enumerated in §5A-3-43, §5A-3-44, §5A-3-45, and §5A-3-46 of this code.
(c) The Chief Technology
Information 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) (d) The Chief Technology Information
Officer shall may oversee telecommunications services used by
state spending units for the purpose of maximizing efficiency to the fullest
possible extent. including The Chief Technology Officer shall
establish microwave or other networks and LATA hops; audit auditing telecommunications
services and usage recommend and develop strategies for the discontinuance
of obsolete or excessive utilization, participate in the renegotiation
and negotiation of telecommunications contracts; and encourage the
use of technology and take other actions necessary to provide the greatest
value to the state.
(e) The Chief Information Officer may convene and chair an advisory committee made up of a representative from each of the departments as identified in §5F-1-2 of this code, and any other members deemed necessary by the Chief Information Officer to provide advice and recommendations on technology issues for state agencies.
§5A-6-4b. Project
management duties of the Chief Technology Information Officer;
establishment of the Project Management Office and duties of the director
authority of the Project Management Office.
(a) Concerning the
management of information technology projects, the Chief Technology Officer
shall The Chief Information Officer is authorized to:
(1) Develop Implement
an approval process for proposed major information technology projects proposed
by state agencies to ensure that all technology projects conform to the
statewide strategic plan and the information management plans of agencies
overall technology strategy of the agency;
(2) Establish a methodology
for conceiving, planning, scheduling and providing appropriate oversight for information
technology projects, including oversight for the projects and a process for
approving the planning, development and procurement of information
technology projects; and
(3) Establish steering committees as needed to oversee technology projects.
(3) Establish minimum qualifications and training standards for project
managers;
(4) Direct the development
of any statewide and multiagency enterprise project; and
(5) Develop and update a
project management methodology to be used by agencies in the development of
information technology.
(b) The Chief Technology
Information Officer shall create a Project Management Office within the
Office of Technology. The Project Management Office shall:
(c) The Director of the
Project Management Office shall:
(1) Implement the approval
process for information technology projects;
(2) Assist the Chief Technology Officer in the
development and implementation of a project management methodology to be used
in the development and implementation of information technology projects in
accordance with this article;
(3) Provide ongoing
assistance and support to state agencies and public institutions of higher
education in the development of information technology projects;
(4) Establish a program
providing training to agency project managers;
(5) (2) Review information management and
information technology plans project proposals submitted by
agencies and recommend to the Chief Technology Information Officer
the approval of the plans proposals and any amendments thereto pursuant
to §5A-6-4c of this code;
(6) (3) Monitor the implementation of information
management and information technology plans technology projects and
periodically report its findings to the Chief Technology Information
Officer;
(7) Assign project managers to review and recommend information
technology project proposals.
(8) The director shall
create criteria upon which information technology project proposal plans may be
based including
(4) Implement technology portfolio management to assist the Chief Information Officer with aligning investment in technology with strategic goals of the State. The standard by which the projects within the technology portfolio will be evaluated are:
(A) The degree to which
the project is consistent with the state's overall strategic plan Total
cost of the project;
(B) The technical
feasibility of the project Public or citizen interface with the project
or number of people affected by the project;
(C) The benefits of the
project to the state, including customer service improvements Whether
the project is operationally critical to the agency.
(D) The risks associated
with the project;
(E) Any continued
funding requirements; and
(F) The past performance
on other projects by the agency.
(9) (5) Provide oversight for state agency
information technology projects; and
(6) Establish minimum qualifications and training standards for project managers.
§5A-6-4c. Major
information Technology project proposals and the establishment of steering
committees.
(a) Prior to proceeding
with a major information technology project, an a state agency
shall submit a project proposal to the Project Management Office,
outlining the business need case for the project, the proposed
technology solution, if known, and an explanation of how the project will
support the agency’s business objective and the state’s strategic plan for
information technology. The project manager Project Management Office
may require the submission of additional information as needed to adequately
review any proposal.
(b) The proposal will
further include:
(1) A detailed business
case plan, including a cost-benefit analysis;
(2) A business process
analysis, if applicable;
(3) System requirements,
if known;
(4) A proposed
development plan and project management structure;
(5) Business goals and
measurement criteria, as appropriate; and
(6) A proposed resource
or funding plan.
(c) (b) The project manager assigned to review
the project development proposal Project Management Office shall recommend
its approval or rejection make recommendations on proposed projects to
the Chief Technology Information Officer for final
disposition: Provided, That the Chief Information Officer may delegate
approval authority. If the Chief Technology Officer approves the
proposal, then he or she shall notify the agency of its approval.
(d) Whenever an agency
has received approval from the Chief Technology Officer to proceed with the
development and acquisition of a major information technology project, the
Chief Technology Officer shall establish a steering committee.
(e) (c) If the Chief Information Officer deems
necessary, a steering committee may be appointed to: The steering
committee shall:
(1) provide Provide ongoing oversight for
the major information technology project;
(2) and have Have the authority to
approve or reject any changes to the project's scope, schedule or budget;
(3) Develop any necessary solicitation for the technology project; and
(4) Finalize data necessary for inclusion of the project in the technology portfolio.
(f) The Chief Technology
Officer shall ensure that the major information technology project has in place
adequate project management and oversight structures for addressing the project's
scope, schedule or budget and shall address issues that cannot be resolved by
the steering committee.
§5A-6-5. Notice of request for proposals by state spending units required to make purchases through the state Purchasing Division.
Any state spending unit
that pursues an information technology purchase that does not meet the
definition of a “major technology project” and that is required
to submit a request for proposal to the state Purchasing Division prior to
purchasing goods or services shall obtain the approval of the Chief Technology
Information Officer, in writing, of any proposed purchase of goods or
services related to its information technology and telecommunication systems.
The notice proposal shall contain a brief description of the
goods and services to be purchased. The state spending unit shall provide the notice
proposal to the Chief Technology Information Officer prior
to the time it submits its request for proposal to the state Purchasing
Division.
§5A-6-6. Notice of request for proposals by state spending units exempted from submitting purchases to the state Purchasing Division.
(a) Any state spending unit
that is not required to submit a request for proposal to the state Purchasing
Division prior to purchasing goods or services shall notify the Chief Technology
Information Officer, in writing, of any proposed purchase of goods or services
related to its information technology or telecommunication systems. The notice
proposal shall contain a detailed description of the goods and services
to be purchased. The state spending unit shall provide the notice proposal
to the Chief Technology Information Officer a minimum of 10 days
prior to the time it requests bids on the provision of the goods or services.
(b) If the Chief Technology
Information Officer evaluates the suitability of the information
technology and telecommunication equipment and related services under the
provisions of §5A-6-4(a) of this code and determines that the goods or services
to be purchased are not suitable, he or she shall, within 10 days of receiving
the notice from the state spending unit, notify the state spending unit, in
writing, of any recommendations he or she has regarding the proposed purchase
of the goods or services. If the state spending unit receives a written notice
from the Chief Technology Information Officer within the time
period required by this section, the state spending unit shall not put the
goods or services out for bid less than 15 days following receipt of the notice
from the Chief Technology Information Officer.
§5A-6-7. Biannual report.
The Chief Technology
Information Officer shall report biannually to the Legislative Joint
Committee on Government and Finance on the activities of his or her office.
§5A-6-8. Exemptions.
(a) The provisions of this article do not apply to the Legislature, the judiciary or any state Constitutional officer designated in §6-7-2 of this code.
(b) Notwithstanding any
other provision of this article to the contrary, except for participation in
the compilation and maintenance of an inventory of information technology and
technical infrastructure of the state authorized by section four of this
article, the provisions of this article do not apply to the West Virginia
Board of Education, the West Virginia Department of Education, the county boards of education, higher educational
institutions, or the West Virginia Division of Homeland Security and
Emergency Management Emergency Management Division of the Department of
Homeland Security relating to the technology used with the Statewide
Interoperable Radio Network, created by §15-14-1, et seq., of
this code. However, the West Virginia
Board of Education, the West Virginia Department of Education, and the
county boards of education, and institutions of higher education will
attempt to shall cooperate and collaborate with the Chief Technology
Information Officer to the extent feasible.
(c) The Governor may by executive order exempt from the provisions of this article any entity created and organized to facilitate the public and private use of health care information and the use of electronic medical records throughout the state.
NOTE: The purpose of this bill is to modernize the name and function of the Chief Technology Officer and the West Virginia Office of Technology.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
