Some of you may already know that for a while I have been serving on the Oklahoma Technology Review Board. The board has several functions but will probably be taking on several more responsibilities in the future. One of the pleasures of working at the capitol to make the State of Oklahoma more efficient and transparent is I get to work with great legislators like Rep. Jason Murphey. Representative Murphey has written several good pieces of legislation that promote open government and more accountability. This year is no exception. Most of what you see here is last year’s bill, but this year Murphey has made some additions. We talked a lot about the need for API or data streams that are developer-friendly. In addition, the bill includes the CIO creating a data.ok.gov site where these data feeds can be hosted. Exciting stuff!
We wanted to share this around because we both feel strongly in the need for feedback. Please, read the bill and let us know what your thoughts are. The new language has been underlined.
STATE OF OKLAHOMA
2nd Session of the 52nd Legislature (2010)
PROPOSED COMMITTEE
SUBSTITUTE
FOR
HOUSE BILL NO. 2318 By: Murphey
PROPOSED COMMITTEE SUBSTITUTE
<StartFT>An Act relating to modernization of technology; authorizing State Board of Health to modify certain provisions by administrative rule; amending 62 O.S. 2001, Section 41.5s, as renumbered by Section 64, Chapter 441, O.S.L. 2009, and as last amended by Section 16, Chapter 451, O.S.L. 2009 (62 O.S. Supp. 2009, Section 34.27), which relates to the State Governmental Technology Applications Review Board; modifying duties and responsibilities of Board; amending Section 2, Chapter 451, O.S.L. 2009, as renumbered by Section 24, Chapter 451, O.S.L. 2009 (62 O.S. Supp. 2009, Section 34.11.1), which relates to the Chief Information Officer; prescribing requirements related to raw data feeds; requiring public access through designated web portal; requiring standardized social media policy; prescribing requirements related to policy; imposing requirements upon state agencies, boards, commissions and certain public trusts with respect to directives from the Chief Information Officer; providing for codification; providing an effective date; and declaring an emergency. <EndFT>
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION . NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section Section No.> <1-106.4> of Title Title No.> <63>, unless there is created a duplication in numbering, reads as follows:
Notwithstanding other statutory provisions to the contrary, the State Board of Health may modify by rule a license or permit application statute now in effect that prevents the Oklahoma State Department of Health from implementing web-based application services as required by 62 O.S. Section 41.5, provided that the rule shall not create a significant risk to the integrity of the license or permit.
SECTION . AMENDATORY Title No.> <62> O.S. 2001, Section Section No.> <41.5s>, as renumbered by Section Section No.> <64>, Chapter Chapter No.> <441>, O.S.L. 20Year> <09,> and as Last? (Add Space If Last; No Space If Not Last)> <last >amended by Section Section No.> <16>, Chapter Chapter No.> <451>, O.S.L. 20Year> <09> (Title No.> <62> O.S. Supp. 2009, Section Section No.> <34.27>), is amended to read as follows:
Section Section No.> <34.27> A. There is hereby established the State Governmental Technology Applications Review Board. The Board shall review and make recommendations to the Information Services Division of the Office of State Finance concerning state governmental Internet-based electronic or online transactions or applications being provided by state agencies, boards, commissions, or authorities for use by the public, provide oversight for implementation of the plan of action developed by the Chief Information Officer and advise the Chief Information Officer.
B. The State Governmental Technology Applications Review Board shall be composed of the following members:
1. The Director of State Finance or a designee;
2. Four representatives from different state agencies, boards, commissions, or authorities to be appointed by the Governor;
3. Two members who are not state government employees to be appointed by the Speaker of the House of Representatives; and
4. Two members who are not state government employees to be appointed by the President Pro Tempore of the Senate.
C. Members of the Board shall serve for terms of two (2) years. The Board shall select a chair from among its members.
D. Members of the Board shall not receive compensation for serving on the Board, but shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies or appointing authority in accordance with the State Travel Reimbursement Act.
E. The Board shall have the duty and responsibility of:
1. Reviewing a schedule of convenience fees, as is defined in Section 41.5q of this title, and all convenience fees and changes in fees charged by state agencies, boards, commissions, or authorities for electronic or online transactions, and making recommendations pertaining to convenience fees to the Information Services Division prior to its adoption by rule of such fees, changes to fees, or fee schedule;
2. Monitoring all portal systems and applications for portal systems created by state agencies, boards, commissions, or authorities, reviewing portal systems applications approved or denied by the Information Service Division of the Office of State Finance, and making recommendations to the Legislature and Governor to encourage greater use of the open-systems concept as is defined in Section 41.5r of this title;
3. Approving the plan of action developed by the Chief Information Officer as provided for in Section 2 of this act, providing ongoing oversight of implementation of the plan of action by the Chief Information Officer and approving any amendments to the plan of action;
4. Approving charges to state agencies established by the Chief Information Officer pursuant to Section 2 of this act for their use of shared information technology and telecommunications services;
5. Functioning in an advisory capacity to the Chief Information Officer; and
6. Developing performance metrics for quantifying the value of goods or services provided by state agencies and for considering if goods and services provided by a state agency could be modernized through the implementation of new technology to provide better quality goods or services that would result in cost savings or best value;
7. Serving as a facilitator organization between associations representing computer software developers and the Chief Information Officer in providing guidance for the Chief Information Officer to develop common Application Programming Interface standards for the publication and use of state data pursuant to the terms of Section 3 of this act; and
8. Issue directives to the Chief Information Officer and state agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary for the publication of raw data feeds of information which is subject to public access under the Oklahoma Open Records Act.
SECTION . AMENDATORY Section Section No.> <2>, Chapter Chapter No.> <451>, O.S.L. 20Year> <09>, as renumbered by Section 24, Chapter 451, O.S.L. 2009 (Title No.> <62> O.S. Supp. 2009, Section Section No.> <34.11.1>), is amended to read as follows:
Section Section No.> <34.11.1> A. There is hereby created the position of Chief Information Officer who shall be appointed by the Governor. The Chief Information Officer, in addition to having authority over the Information Services Division of the Office of State Finance, shall also serve as Secretary of Information Technology and Telecommunications or successor cabinet position and shall have jurisdictional areas of responsibility related to information technology and telecommunications systems of all state agencies as provided for in the Oklahoma Information Services Act. The salary of the Chief Information Officer shall not be less than One Hundred Thirty Thousand Dollars ($130,000.00) or more than One Hundred Sixty Thousand Dollars ($160,000.00). The first Chief Information Officer shall be appointed no later than January 1, 2010.
B. Any person appointed to the position of Chief Information Officer shall meet the following eligibility requirements:
1. A baccalaureate degree in Computer Information Systems, Information Systems or Technology Management, Business Administration, Finance, or other similar degree;
2. A minimum of ten (10) years of professional experience with responsibilities for management and support of information systems and information technology, including seven (7) years of direct management of a major information technology operation;
3. Familiarity with local and wide-area network design, implementation, and operation;
4. Experience with data and voice convergence service offerings;
5. Experience in developing technology budgets;
6. Experience in developing request for proposals and administering the bid process;
7. Experience managing professional staff, teams, and consultants;
8. Knowledge of telecommunications operations;
9. Ability to develop and set strategic direction for information technology and telecommunications and to manage daily development and operations functions;
10. An effective communicator who is able to build consensus;
11. Ability to analyze and resolve complex issues, both logical and interpersonal;
12. Effective verbal and written communications skills and effective presentation skills, geared toward coordination and education;
13. Ability to negotiate and defuse conflict; and
14. A self-motivator, independent, cooperative, flexible and creative.
C. The salary and any other expenses for the Chief Information Officer shall be budgeted as a separate line item through the Office of State Finance. The operating expenses of the Information Services Division shall be set by the Chief Information Officer and shall be budgeted as a separate line item through the Office of State Finance. The Office of State Finance shall provide adequate office space, equipment and support necessary to enable the Chief Information Officer to carry out the information technology and telecommunications duties and responsibilities of the Officer and the Information Services Division.
D. 1. Within twelve (12) months of appointment, the first Chief Information Officer shall complete an assessment of the implementation of the transfer, coordination, and modernization of all information technology and telecommunication systems of all state agencies in the state as provided for in the Oklahoma Information Services Act. The assessment shall include the information technology and telecommunications systems of all institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet.
2. Within twelve (12) months of appointment, the first Chief Information Officer shall issue a report setting out a plan of action which will include the following:
a. define the shared service model organization structure and the reporting relationship of the recommended organization,
b. the implementation of an information technology and telecommunications shared services model that defines the statewide infrastructure environment needed by most state agencies that is not specific to individual agencies and the shared applications that are utilized across multiple agencies,
c. define the services that shall be in the shared services model under the control of the Information Services Division of the Office of State Finance,
d. define the roadmap to implement the proposed shared services model. The roadmap shall include recommendations on the transfer, coordination, and modernization of all information technology and telecommunication systems of all the state agencies in the state,
e. recommendations on the reallocation of information technology and telecommunication resources and personnel,
f. recommendations on maximizing the benefits to the state by the alignment and operation of the communications and data transfer network assets known as OneNet,
g. a cost benefit analysis to support the recommendations on the reallocation of information technology and telecommunication resources and personnel, and
h. a calculation of the net savings realized through the reallocation and consolidation of information technology and telecommunication resources and personnel after compensating for the cost of contracting with a private consultant as authorized in paragraph 4 of this subsection, implementing the plan of action, and ongoing costs of the Information Services Division of the Office of State Finance.
3. The plan of action report shall be presented to the Governor, Speaker of the House of Representatives, and the President Pro Tempore of the State Senate.
4. The Chief Information Officer may contract with a private consultant or consultants to assist in the assessment and development of the plan of action report as required in this subsection.
E. Beginning on the effective date of appointment, the Chief Information Officer shall be authorized to employ personnel, fix the duties and compensation of the personnel, not otherwise prescribed by law, and otherwise direct the work of the personnel in performing the function and accomplishing the purposes of the Information Services Division of the Office of State Finance.
F. Beginning on the effective date of the appointment of the first Chief Information Officer, the Information Services Division of the Office of State Finance shall be responsible for the following duties:
1. Formulate and implement the information technology strategy for all state agencies;
2. Define, design, and implement a shared services statewide infrastructure and application environment for information technology and telecommunications for all state agencies;
3. Direct the development and operation of a scalable telecommunications infrastructure that supports data and voice communications reliability, integrity, and security;
4. Supervise the applications development process for those applications that are utilized across multiple agencies;
5. Provide direction for the professional development of information technology staff of state agencies and oversee the professional development of the staff of the Information Services Division of the Office of State Finance;
6. Evaluate all technology and telecommunication investment choices for all state agencies;
7. Create a plan to ensure alignment of current systems, tools, and processes with the strategic information technology plan for all state agencies;
8. Set direction and provide oversight for the support and continuous upgrading of the current information technology and telecommunication infrastructure in the state in support of enhanced reliability, user service levels, and security;
9. Direct the development, implementation, and management of appropriate standards, policies and procedures to ensure the success of state information technology and telecommunication initiatives;
10. Recruit, hire and transfer the required technical staff in the Information Services Division of the Office of State Finance to support the services provided by the Division and the execution of the strategic information technology plan;
11. Establish, maintain, and enforce information technology and telecommunication standards;
12. Delegate, coordinate, and review all work to ensure quality and efficient operation of the Information Services Division of the Office of State Finance;
13. Create and implement a communication plan that disseminates pertinent information to state agencies on standards, policies, procedures, service levels, project status, and other important information to customers of the Information Services Division of the Office of State Finance and provide for agency feedback and performance evaluation by customers of the Division;
14. Develop and implement training programs for state agencies using the shared services of the Information Services Division of the Office of State Finance and recommend training programs to state agencies on information technology and telecommunication systems, products and procedures;
15. Provide counseling, performance evaluation, training, motivation, discipline, and assign duties for employees of the Information Services Division of the Office of State Finance;
16. Approve the purchasing of all information technology and telecommunication products and services for all state agencies;
17. Develop and enforce an overall infrastructure architecture strategy and associated roadmaps for desktop, network, server, storage, and statewide management systems for state agencies;
18. Effectively manage the design, implementation and support of complex, highly available infrastructure to ensure optimal performance, on-time delivery of features, and new products, and scalable growth;
19. Define and implement a governance model for requesting services and monitoring service level metrics for all shared services; and
20. Create the budget for the Information Services Division of the Office of State Finance to be submitted to the Legislature each year.
G. Upon receiving approval of the State Governmental Technology Applications Review Board, the Chief Information Officer shall implement the plan of action as set forth in subsection D of this section; provided, the plan of action for the Department of Human Services shall not be implemented until July 1, 2011. The State Governmental Technology Applications Review Board shall provide ongoing oversight of the implementation of the plan of action. Any proposed amendments to the plan of action shall be approved by the Board prior to adoption. The net savings realized through the reallocation and consolidation of information technology and telecommunication resources and personnel after compensating for the up-front costs and ongoing costs of the Information Services Division of the Office of State Finance which are identified and reported in the plan of action shall be realized no later than two (2) years from the appointment date of the Chief Information Officer and shall at a minimum be not less than fifteen twenty percent (15%) 20% of the overall statewide information technology and telecommunications expenditures made by all state agencies during the fiscal year ending June 30, 2009.
H. Beginning on the effective date of appointment, the Chief Information Officer shall act as the Information Technology and Telecommunications Purchasing Director for all state agencies and shall be responsible for the procurement of all information technology and telecommunication software, hardware, equipment, peripheral devices, maintenance, consulting services, high technology systems, and other related information technology, data processing, telecommunication and related peripherals and services for all state agencies. The Chief Information Officer shall establish, implement, and enforce policies and procedures for the procurement of information technology and telecommunication software, hardware, equipment, peripheral devices, maintenance, consulting services, high technology systems, and other related information technology, data processing, telecommunication and related peripherals and services by purchase, lease-purchase, lease with option to purchase, lease and rental for all state agencies. The procurement policies and procedures established by the Chief Information Officer shall be consistent with The Oklahoma Central Purchasing Act.
I. The Information Services Division of the Office of State Finance and the Chief Information Officer shall be subject to The Oklahoma Central Purchasing Act for the approval and purchase of equipment and products not related to information and telecommunications technology, equipment, software, products and related peripherals and services and shall also be subject to the requirements of the Public Competitive Bidding Act of 1974, the Oklahoma Lighting Energy Conservation Act and the Public Building Construction and Planning Act when procuring data processing, information technology, telecommunication, and related peripherals and services and when constructing information technology and telecommunication facilities, telecommunication networks and supporting infrastructure. The Chief Information Officer shall be authorized to delegate all or some of the procurement of information technology and telecommunication products and services and construction of facilities and telecommunication networks to another state entity if the Chief Information Officer determines it to be cost-effective and in the best interest of the state. The Chief Information Officer shall have authority to designate information technology and telecommunication contracts as statewide contracts and mandatory statewide contracts pursuant to Section 85.5 of Title 74 of the Oklahoma Statutes.
J. The Chief Information Officer shall establish and implement charges and a system to assess the charges to state agencies for their use of shared information technology and telecommunication services subject to the approval of the State Governmental Technology Applications Review Board.
K. The Chief Information Officer shall establish, implement, and enforce policies and procedure for the development and procurement of an interoperable radio communications system for state agencies. The Chief Information Officer shall work with local governmental entities in developing the interoperable radio communications system.
L. The Chief Information Officer shall develop and implement a plan to utilize open source technology and products for the information technology and telecommunication systems of all state agencies.
M. All state agencies and authorities of this state and all officers and employees of those entities shall work and cooperate with and lend assistance to the Chief Information Officer and the Information Services Division of the Office of State Finance and provide any and all information requested by the Chief Information Officer.
N. The Chief Information Officer shall prepare an annual report detailing the ongoing net saving attributable to the reallocation and consolidation of information technology and telecommunication resources and personnel and shall submit the report to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
O. For purposes of the Oklahoma Information Services Act, unless otherwise provided for, “state agencies” shall include any office, officer, bureau, board, commission, counsel, unit, division, body, authority or institution of the executive branch of state government, whether elected or appointed; provided, except with respect to the provisions of subsection D of this section, the term “state agencies” shall not include institutions within The Oklahoma State System of Higher Education, the Oklahoma State Regents for Higher Education and the telecommunications network known as OneNet.
P. Under the direction of the State Governmental Technology Applications Review Board the Chief Information Officer shall cause to be developed and enforce a schedule for the publication of raw data feeds and common Application Programming Interface standards for allowing members of the public to access, utilize and interface with the data. Public access to the feeds shall be provided through the “data.ok.gov” web portal.
Q. Establish a standardized social media policy for the state agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary. The social media policy shall allow for participants to engage in two-way communication with members of the public through the use of social media services provided that the discourse can be publicly viewed. The Chief Information Officer may approve the ability of the agencies, boards, commissions and trusts to agree to the terms of service for usage of social media services and contract for technology products and services pursuant to applicable requirements in Section 34.21 of this title provided the terms of service or contract contains standard language including a liability agreement which is considered customary or largely similar to terms of service agreed to or contracts entered into by other government entities and private sector enterprises.
SECTION . NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section Section No.> <34.11.2> of Title Title No.> <62>, unless there is created a duplication in numbering, reads as follows:
State agencies, boards, commissions and public trusts having the State of Oklahoma as a beneficiary shall abide by and comply with directives from the Chief Information Officer regarding the publication of raw data feeds and shall allow for public access to those feeds through the application of standardized Application Programming Interface (API) standards.
SECTION . This act shall become effective Enter Effective Date> <July 1, 2010>.
SECTION . It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
52-2-9745 nter Drafter Initials>” <MAH> nter Date as MM/DD/YY>” <02/11/10>
Req. No. 9745 Page 17