STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 475	By:	Bingman

AS INTRODUCED

An Act relating to the Oklahoma Information Services Act; amending Section 2, Chapter 451, O.S.L. 2009, as renumbered by Section 24, Chapter 451, O.S.L. 2009 (62 O.S. Supp. 2010, Section 34.11.1), which relates to the Chief Information Officer; deleting obsolete language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 2, Chapter 451, O.S.L. 2009, as renumbered by Section 24, Chapter 451, O.S.L. 2009 (62 O.S. Supp. 2010, Section 34.11.1), is amended to read as follows:
Section 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 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 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 percent (15%) 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 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.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-446	CD	1/18/2011 4:29:39 PM