SB 355 — Dissolving IS&C Division under Office of Technology

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Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Committee Substitute for Senate Bill 355 By Senators Gaunch and Blair [Originating in the Committee on Finance;Government Organization;

reportedReported on February 12,1, 2018]     A BILL to repeal §5A-7-1, §5A-7-2, §5A-7-3, §5A-7-4, §5A-7-4a, §5A-7-5, §5A-7-6, §5A-7-7, §5A-7-8, §5A-7-9, §5A-7-10, and §5A-7-11 of the Code of West Virginia, 1931, as amended;

(3) (4) Evaluate the economic justification, system design,design and suitability of information equipment and related services, and review and make recommendations on the purchase, lease,lease or acquisition of information equipment and contracts for related services by the state spending units;

(6) (7) Create new technologies to be used in government, convene conferences,conferences and develop incentive packages to encourage the utilization of technology;

(A) Charge The Chief Technology Officer shall assess a fee to the state spending units for information services, evaluations performed,performed and technical assistance provided under the provisions of this section.

(10) (11) Direct the formulation and promulgation of policies, guidelines, standards,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,information; including storage platforms, ensuring data security, access reliability, cost efficiency, and disaster recovery;

and (14) (15) Promulgate legislative rules, in accordance with the provisions of chapter 29Atwenty-nine-a of this code, as may be necessary to standardize and make effective the administration of the provisions of §5A-6-1 et seq.

(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,lease or acquisition of information equipment and contracts for related services;

(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 agenciesagencies, to consolidate or centralize information-processing operations;

(B) A discussion of the Acquisition, management,management and use of information technology by state agencies;

(C) A discussion of Connectivity, priorities,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;

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, governmentgovernment-to-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.

and (5) encourageTo Encouragingencourage the use of technology and take other actions necessary to provide the greatest value to the state.

The amounts collected pursuant to this subsection shall be deposited in the special account in the State Treasury known as the Postagepostage Fund.fund.

Expenditures from the fund shall be made by the Chief Technology Officer for telecommunications charges or telecommunications-related equipment, maintenance,maintenance or services:

Provided, That no more than $150,000 or the actual amount collected pursuant to §5A-6-4d(j)subsection (j) of this codesection in any fiscal year, whichever is less, may be expended from the fund in any fiscal year to defray the costs of administration of this section.

Within 14 days of receipt of any telecommunication charge, the Office of Technology shall notify a vendor of any rejected charges and shall include in the notice a description of the rejected charges, the reasons a charge was rejected,rejected and a proposed resolution of the rejected charge.

If the final decision of the secretary is to require payment of the rejected amount, the secretary shall cause the Office of Technology to bill that amount to the appropriate spending unit which shall remit payment of the amount as required in §5A-6-4d(c)subsection (c) of this code.section.

(c) Following the preliminary review of the charges, the Office of Technology shall fully apportion all telecommunication charges not rejected during the preliminary review required by §5A-6-4d(b)subsection (b) of this codesection among spending units based on the spending unit’s service and usage, as determined by the Office of Technology.

The Office of Technology shall continue to pay any vendor invoices based upon the requirements of §5A-6-4d(a)subsection (a) of this code.section.

Prior to the date provided in each statement sent to a spending unit pursuant to §5A-6-4d(c)subsection (c) of this code,section, each spending unit shall pay or transfer the statement amount to the Telecommunication Services Payment and Reserve Fund.

(f) If a spending unit fails to pay or transfer funds by the date specified in the statement sent pursuant to §5A-6-4d(c)subsection (c) of this code,section, the Secretary of the Department of Administration shall transfer to the Telecommunication Services Payment and Reserve Fund the statement amount plus an additional penalty in the amount of three percent of the statement amount from any funds supporting the administration of that spending unit:

Upon exercising a transfer under the authority of this subsection, the Office of Technology shall provide a notification to the spending unit, including, but not limited to, the date, time, total amount of the transfer, statement amount,amount and penalty amount.

This fee is to be included in the statement sent to spending units pursuant to §5A-6-4d(c)subsection (c) of this codesection and transferred to the Telecommunication Service Payment and Reserve Fund by the date specified in the statement for the transfer of payment.

Provided, That if an invoice is received by the Office of Technology prior to the date on which the telecommunication services covered by the invoice are delivered or fully performed, for purposes of determining the 90-dayday time period for payment in §5A-6-4d(g)subsection (g) of this code,section, the invoice is considered received on the date on which the telecommunication services covered by the invoice were delivered or fully performed.

(k) For purposes of this section, “telecommunication service” means and includes not only telephone service regulated under chapter 24 of this code or under federal law, but also may include, at the discretion of the Secretary of Administration, wireless service, voice over Internet protocol service, Internet service,service and any other service or equipment used for the electronic transmission of voice or data:

On July 1, 2018, the Information Services and Communication Fund, created in the State Treasury by the former §5A-7-10 of this code,code shall be transferred to the Office of Technology, and the Chief Technology Officer Administration Fund, previously created in §5A-6-4 of this code, shall be closed and any balance remaining in the fund shall be transferred to the Information Services and Communications Fund.

The Information Services and Communications Fund shall consist of appropriations by the Legislature, funds received for services provided pursuant to this article, any federal funds the agency is authorized to receive, and gifts, grants,grants or donations received.

(a) The provisions of this article do not apply to the Legislature or the judiciaryjudiciary: or any state Constitutional officer designated in section two, article seven, chapter six of this code :

Provided,or any state Constitutional officer designated in section two, article seven, chapter six of this code  Provided, That the Chief Technology Officer is authorized to grant waivers to state spending units for telecommunications services providedrequired pursuantby to §5A-6-4d of this codearticle: or the central mailing services provided pursuant to §5A-6-4(f) of this code.

(b)Provided, Notwithstandinghowever, anyThat otherthe provisionChief ofTechnology thisOfficer articleshall, toupon contrary,request, exceptgrant fora thewaiver telecommunicationsto servicesany providedstate pursuantConstitutional toOfficer §5A-6-4ddesignated in §6-7-2 of this code orfor the central mailing services providedlisted pursuant to §5A-6-4(f) of this code, the provisions of this article do not apply to constitutional officers designated in §6-7-2§5A-6-4(a)(9) of this code.  (b) (c) 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 §5A-6-4 of this code, 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 or the West Virginia Division of Homeland Security and Emergency Management relating to the technology used with the Statewide Interoperable Radio Network, created by §15-14-1 et seq.

(c) (d) 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.

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