Bill Text: NY S08262 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the office of the chief information officer, the enterprise executive governance board and the information technology investment board; relates to state procurement of technology; repeals certain provisions relating to the advisory council for technology.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-18 - REFERRED TO RULES [S08262 Detail]
Download: New_York-2009-S08262-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8262
I N S E N A T E
June 18, 2010
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the state technology law, in relation to establishing
the office of the chief information officer, the enterprise executive
governance board and the information technology investment board; to
amend the state finance law, in relation to state procurement of tech-
nology; and to repeal sections 104 and 105 of the state technology law
relating to the advisory council for technology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The article heading of article 1 of the state technology
2 law, as added by chapter 430 of the laws of 1997 and renumbered by chap-
3 ter 437 of the laws of 2004, is amended to read as follows:
4 OFFICE [FOR TECHNOLOGY] OF THE CHIEF INFORMATION OFFICER
5 S 2. Section 101 of the state technology law, as added by chapter 430
6 of the laws of 1997 and as renumbered by chapter 437 of the laws of
7 2004, is amended to read as follows:
8 S 101. Definitions. As used in this article the following terms shall
9 mean:
10 1. "Council" means the CHIEF INFORMATION OFFICER advisory council [for
11 technology].
12 2. ["Director" means the director of the office] "CHIEF INFORMATION
13 OFFICER" MEANS THE NEW YORK STATE CHIEF INFORMATION OFFICER.
14 3. "Office" means the office [for technology] OF THE CHIEF INFORMATION
15 OFFICER.
16 4. "State agency" means any department, board, bureau, commission,
17 division, office, council, committee or officer of the state; ALL PUBLIC
18 BENEFIT CORPORATIONS AND PUBLIC AUTHORITIES, THE HEADS OF WHICH ARE
19 APPOINTED BY THE GOVERNOR; AND THE STATE UNIVERSITY OF NEW YORK AND THE
20 CITY UNIVERSITY OF NEW YORK. Such term shall not include the legisla-
21 ture or judiciary.
22 5. "Technology" means a good, service, or good and service that
23 results in a digital, electronic or similar technical method of achiev-
24 ing a practical purpose or in improvements in productivity, including
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17689-01-0
S. 8262 2
1 but not limited to information management, equipment, software, operat-
2 ing systems, interface systems, interconnected systems, telecommuni-
3 cations, data management, VOICE AND DATA networks, and network manage-
4 ment, consulting, supplies, facilities, ANCILLARY PRODUCTS AND SERVICES,
5 maintenance [and], SUPPORT, PROGRAMMING, PROJECT MANAGEMENT, training
6 AND ANY OTHER RELATED GOODS AND SERVICES.
7 6. "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
8 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, LOCAL PUBLIC BENE-
9 FIT CORPORATIONS OR OTHER MUNICIPAL CORPORATION OR POLITICAL SUBDIVISION
10 OF THE STATE.
11 7. "INFORMATION TECHNOLOGY WORKFORCE" SHALL INCLUDE BOTH EMPLOYEES OF
12 THE STATE AGENCIES AND ANY WORKERS EMPLOYED BY A PRIVATE VENDOR WHO ARE
13 UNDER CONTRACT TO PERFORM WORK FOR THE STATE AGENCY.
14 S 3. Section 102 of the state technology law, as added by chapter 430
15 of the laws of 1997 and as renumbered by chapter 437 of the laws of
16 2004, is amended to read as follows:
17 S 102. Office [for technology; director] OF THE CHIEF INFORMATION
18 OFFICER; HEAD, organization and employees. 1. The office [for technolo-
19 gy] OF THE CHIEF INFORMATION OFFICER is hereby created within the execu-
20 tive department to have and exercise the functions, powers and duties
21 provided by the provisions of this article and any other provision of
22 law.
23 2. The head of the office shall be the [director of the office, who
24 shall serve as the chief technology officer for the state of New York
25 and shall be designated as management confidential in the noncompetitive
26 class in accordance with the civil service law. The director] CHIEF
27 INFORMATION OFFICER, WHO shall be the chief executive [officer] of and
28 in sole charge of the administration of the office. The [director] CHIEF
29 INFORMATION OFFICER shall be entitled to receive reimbursement for
30 expenses actually and necessarily incurred by him or her in the perform-
31 ance of his or her duties.
32 3. The [director] CHIEF INFORMATION OFFICER may, from time to time,
33 create, abolish, transfer and consolidate bureaus and other units within
34 the office not expressly established by law as he or she may determine
35 necessary for the efficient operation of the office, subject to the
36 approval of the director of the budget.
37 4. The [director] CHIEF INFORMATION OFFICER may appoint, in accordance
38 with the civil service law, such deputies, assistants, and other offi-
39 cers and employees, committees and consultants as he or she may deem
40 necessary, prescribe their powers and duties, fix their compensation,
41 and provide for reimbursement of their expenses within the amounts
42 appropriated therefor. THE CHIEF INFORMATION OFFICER MAY APPOINT WORK
43 GROUPS, COMMITTEES, COUNCILS, TASK FORCES OR OTHER SUCH ENTITIES NECES-
44 SARY TO CARRY OUT THE FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
45 5. The [director] CHIEF INFORMATION OFFICER may request and receive
46 from any [department, division, board, bureau, commission or other agen-
47 cy of the state] STATE AGENCY or any [political subdivision thereof or
48 any public authority, staff and other] LOCAL GOVERNMENT, assistance,
49 information, and resources as will enable the office to properly carry
50 out its functions, powers and duties.
51 6. THE CHIEF INFORMATION OFFICER SHALL, AMONG OTHER DUTIES:
52 (A) OVERSEE, DIRECT AND COORDINATE THE ESTABLISHMENT OF INFORMATION
53 TECHNOLOGY PLANS, POLICIES, PROCEDURES, PROTOCOLS AND STANDARDS FOR
54 STATE GOVERNMENT, INCLUDING HARDWARE, SOFTWARE, SERVICES AND OPERATIONS;
55 (B) OVERSEE AND COORDINATE THE DEVELOPMENT, ACQUISITION, DEPLOYMENT
56 AND MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES FOR STATE GOVERNMENT;
S. 8262 3
1 (C) COORDINATE AND FACILITATE INFORMATION SHARING BETWEEN AND AMONG
2 STATE GOVERNMENT, LOCAL GOVERNMENTS, OTHER STATES, THE FEDERAL GOVERN-
3 MENT, OTHER TECHNOLOGY-RELATED PUBLIC AND PRIVATE ENTITIES AND INSTI-
4 TUTIONS OF HIGHER LEARNING TO PROMOTE THE USE AND DEPLOYMENT OF INFORMA-
5 TION TECHNOLOGY THAT WILL IMPROVE THE DELIVERY OF GOVERNMENT SERVICES;
6 (D) WORK WITH STATE GOVERNMENT, LOCAL GOVERNMENTS, THE FEDERAL GOVERN-
7 MENT, OTHER TECHNOLOGY-RELATED PUBLIC AND PRIVATE ENTITIES, INSTITUTIONS
8 OF HIGHER LEARNING AND PRIVATE ENTERPRISES TO FURTHER THE STATE'S ENTER-
9 PRISE STRATEGIC TECHNOLOGY PLAN;
10 (E) DEVELOP STRATEGIES TO IMPROVE THE STATE WORKFORCE'S ABILITY TO
11 EMPLOY NEEDED INFORMATION TECHNOLOGIES, AND OVERSEE AND COORDINATE THE
12 IMPLEMENTATION OF SUCH STRATEGIES; AND
13 (F) DEVELOP, IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOP-
14 MENT, EDUCATION DEPARTMENT, DEPARTMENT OF LABOR, DEPARTMENT OF STATE,
15 DEPARTMENT OF PUBLIC SERVICE AND OTHER STATE AGENCIES, PUBLIC AUTHORI-
16 TIES, LOCAL GOVERNMENTS, FEDERAL GOVERNMENT, PUBLIC AND PRIVATE EDUCA-
17 TIONAL INSTITUTIONS, AND OTHER PUBLIC AND PRIVATE ENTITIES, OPPORTU-
18 NITIES FOR CITIZENS, BUSINESSES AND COMMUNITIES ACROSS THE STATE THROUGH
19 THE USE OF INFORMATION TECHNOLOGY FOR WORKFORCE DEVELOPMENT AND TO
20 ENHANCE EDUCATIONAL AND ECONOMIC OPPORTUNITIES.
21 7. ALL REFERENCES IN LAW AND REGULATION TO THE OFFICE FOR TECHNOLOGY
22 AND THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY SHALL BE DEEMED TO BE
23 REFERENCES TO THE OFFICE OF THE CHIEF INFORMATION OFFICER AND THE CHIEF
24 INFORMATION OFFICER, RESPECTIVELY.
25 8. THE OFFICE OF THE CHIEF INFORMATION OFFICER SHALL, ON THE EFFECTIVE
26 DATE OF THIS ACT, BE AUTOMATICALLY AND WITHOUT FURTHER PROCESS CONSID-
27 ERED A SUCCESSOR IN INTEREST TO, AND ASSUME ALL RIGHTS AND RESPONSIBIL-
28 ITIES OF, THE OFFICE FOR TECHNOLOGY UNDER ANY CONTRACTS, SERVICE LEVEL
29 AGREEMENTS, SITE LICENSE AGREEMENTS, LEASES, PERMITS, MEMORANDA OF
30 UNDERSTANDING, AND ALL OTHER SUCH DOCUMENTS, AS WELL AS ANY LEAD AGENCY
31 DESIGNATIONS UNDER, BUT NOT LIMITED TO, THE STATE ENVIRONMENTAL QUALITY
32 REVIEW ACT.
33 S 4. Section 103 of the state technology law, as added by chapter 430
34 of the laws of 1997, subdivisions 12, 12-a and 12-b as added by section
35 1 of part B of chapter 56 of the laws of 2000, subdivision 17 as added
36 by chapter 4 of the laws of 1999 and such section as renumbered by chap-
37 ter 437 of the laws of 2004, is amended to read as follows:
38 S 103. Functions, powers and duties of the office. The office shall
39 have the following functions, powers and duties:
40 1. To act as the official state planning and coordinating office for
41 the advancement of technology to improve government efficiency and
42 effectiveness, and perform all necessary and appropriate services
43 required to fulfill these duties;
44 2. To advise and assist [the] state agencies in developing STRATEGIC
45 AND OPERATIONAL policies, plans and programs for improving the statewide
46 coordination, administration, [security,] confidentiality, program
47 effectiveness, acquisition and deployment of [technology] TECHNOLOGIES
48 WHICH ALIGN THE POLICIES AND STRATEGIES DEVELOPED BY THE OFFICE;
49 3. To perform technology reviews and make recommendations for improv-
50 ing management and program effectiveness pertaining to technology ACQUI-
51 SITION, DEPLOYMENT AND OPERATIONS;
52 4. To review and coordinate the purchase of technology by state agen-
53 cies AS SET FORTH IN POLICIES AND PROCEDURES FOR PLANS TO PROCURE TECH-
54 NOLOGY. Where applicable, such review shall include but not be limited
55 to: assessing consistency with the statewide strategic technology plan
56 and agency technology [plan] PLANS; statewide technology standards; the
S. 8262 4
1 safeguarding of information privacy[; security] of confidential records;
2 [and] proper dissemination of public information; AND DISASTER RECOVERY
3 PLANNING;
4 5. To establish, oversee, manage, coordinate and facilitate the plan-
5 ning, design [and], implementation, DEVELOPMENT AND USE of the state's
6 common technology networks;
7 6. To undertake research, studies and analyses, and act as a central
8 repository, clearinghouse and disseminator of research studies, with
9 respect to technology;
10 7. To facilitate and coordinate the improvement of program delivery
11 services through technology with and among other departments, divisions
12 and agencies of the state, AND its [political subdivisions and munici-
13 palities] LOCAL GOVERNMENTS;
14 7-A. TO PROVIDE TECHNOLOGY SERVICES, WHEN REQUESTED TO (A) STATE AGEN-
15 CIES, (B) LOCAL GOVERNMENTS, (C) PRIVATE ENTITIES TO THE EXTENT NOT
16 OTHERWISE PROHIBITED BY LAW AND (D) ANY OTHER BRANCHES OF STATE GOVERN-
17 MENT;
18 8. To encourage and foster the exchange of and increase access to
19 information within and among STATE AGENCIES, LOCAL GOVERNMENTS, THE
20 FEDERAL GOVERNMENT, public and private entities and individuals AND
21 INSTITUTIONS OF HIGHER LEARNING in order to improve the delivery of
22 state programs and services of the state;
23 9. To undertake technology projects with a statewide or multi-agency
24 impact and, where appropriate, designate agencies to act as lead agency
25 for the project;
26 10. To establish statewide [technology policies, including but not
27 limited to preferred technology standards and security] POLICIES, STAND-
28 ARDS AND PROGRAMS CONCERNING THE IMPLEMENTATION AND OPERATIONS OF TECH-
29 NOLOGY ACROSS THE STATE ENTERPRISE INCLUDING LOCAL GOVERNMENTS, AND TO
30 PROVIDE FOR THE SECURITY OF STATE INFORMATION TECHNOLOGY ASSETS MANAGED
31 BY THE OFFICE IN ACCORDANCE WITH POLICIES, PROTOCOLS AND PROCEDURES
32 ESTABLISHED BY THE OFFICE OF CYBER SECURITY AND CRITICAL INFRASTRUCTURE
33 COORDINATION WHEN APPLICABLE;
34 11. To adopt, amend, or rescind rules and regulations necessary or
35 convenient to the performance of the functions, powers and duties of the
36 office pursuant to the state administrative procedure act;
37 12. [To complete a comprehensive study of existing state information
38 resource technology infrastructure to the extent that the information is
39 available.
40 Such study shall include, but not be limited to, inventories of:
41 (a) state operations' computer hardware and software;
42 (b) major physical infrastructures supporting existing operations,
43 including power, air conditioning, space and other environmental needs;
44 (c) the telecommunications and other networks supporting existing
45 operations;
46 (d) personnel associated with existing operations and management;
47 (e) expected retirement schedule of existing computer hardware and
48 software and replacement costs; and
49 (f) data processing consulting and contracting services utilized.
50 Such study shall be completed and submitted to the governor, the
51 temporary president of the senate and the speaker of the assembly on or
52 before October first, two thousand two. The office shall provide interim
53 reports on October first, two thousand and October first, two thousand
54 one.
55 12-a.] To develop:
S. 8262 5
1 (a) a methodology to ascertain how much the state spends on technology
2 goods and services;
3 (b) a process to PERIODICALLY update the STATEWIDE computer hardware
4 and software inventory [periodically], TO BE CONDUCTED AT LEAST ONCE
5 EVERY THREE YEARS COMMENCING FROM THE EFFECTIVE DATE OF THE CHAPTER OF
6 THE LAWS OF TWO THOUSAND TEN WHICH AMENDED THIS PARAGRAPH;
7 (c) a methodology to determine the expected life-cycle of state oper-
8 ations' computer hardware and software which shall include the total
9 cost of ownership; and
10 (d) formal BUSINESS CONTINUITY AND disaster recovery plans for the
11 state data center FACILITIES, INCLUDING THE ENTERPRISE TECHNOLOGY
12 CENTER, and statewide [network] VOICE AND DATA, WIRED OR WIRELESS
13 NETWORKS, NY e-net, FUTURE NETWORKS AND DATA CENTERS OR COMPUTING OPER-
14 ATIONS AND SERVICES OF ANY SIZE AND TYPE; such plans shall be confiden-
15 tial.
16 Such developments shall be completed and submitted to the governor,
17 the temporary president of the senate and the speaker of the assembly on
18 [or before October first, two thousand three] A PERIODIC BASIS AS
19 UPDATES ARE REQUESTED OR REQUIRED.
20 [12-b.] 12-A. To request and shall receive from any department, divi-
21 sion, board, commission or other agency of the state any information and
22 resources necessary to carry out the responsibilities and provisions set
23 forth in [subdivisions] SUBDIVISION twelve [and twelve-a] of this
24 section.
25 13. To establish a multi-year statewide [strategy] ENTERPRISE STRATE-
26 GIC plan covering a time period of not less than three years to promote
27 and coordinate interagency AND INTERGOVERNMENTAL technology efforts and
28 initiatives that conform to the state's overarching programmatic [poli-
29 cy] STRATEGIC PRIORITIES AND POLICIES, under which state agencies shall
30 develop their information TECHNOLOGY resource management STRATEGIES AND
31 OPERATIONAL plans AS SUBPLANS TO THE STATE'S ENTERPRISE STRATEGIC PLAN.
32 Such [plan] SUBPLANS shall be ADDENDA TO THE STATE'S ENTERPRISE STRATE-
33 GIC PLAN, AND THE PLAN SHALL BE submitted to the governor, the temporary
34 president of the senate and the speaker of the assembly upon completion
35 on or before October first, two thousand. Such plan shall be updated as
36 needed, but not less than once every three years;
37 14. To coordinate state budget submission to address known year two
38 thousand conversion issues;
39 15. To conduct selective evaluations of technology activities in state
40 agencies; [and]
41 16. To perform such acts, directly or by other means, as are necessary
42 or convenient to carry out the office's functions, powers and duties[.];
43 17. To enter into contracts with any person, firm, corporation, not-
44 for-profit corporation, [political subdivision of the state,] or govern-
45 mental entity[.];
46 18. TO ESTABLISH A NEW YORK STATE WEB PORTAL AND APPROPRIATE ELECTRON-
47 IC GOVERNMENT POLICIES TO ENSURE THE MOST EFFECTIVE USE OF INTERNET
48 TECHNOLOGY TO IMPROVE SERVICE TO CITIZENS, BUSINESSES AND VISITORS TO
49 THE STATE; AND
50 19. TO OVERSEE AND COORDINATE THE DEPLOYMENT OF BROADBAND INTERNET
51 ACCESS AROUND THE STATE.
52 S 5. Sections 104 and 105 of the state technology law are REPEALED and
53 a new section 104 is added to read as follows:
54 S 104. STATEWIDE TECHNOLOGY PLANNING AND OVERSIGHT. 1. (A) THE OFFICE,
55 IN CONJUNCTION WITH THE DIVISION OF THE BUDGET, SHALL HAVE THE RESPONSI-
56 BILITY TO REVIEW, ON NO LESS THAN AN ANNUAL BASIS, THE TECHNOLOGY PLANS
S. 8262 6
1 AND USAGE OF ALL STATE AGENCIES, AS DEFINED IN SECTION ONE HUNDRED ONE
2 OF THIS ARTICLE, FOR COMPLIANCE WITH THE STATEWIDE ENTERPRISE INFORMA-
3 TION TECHNOLOGY STRATEGIC PLAN AND ANY OTHER STATEWIDE TECHNOLOGY POLICY
4 SET BY THE OFFICE. THE OFFICE SHALL HAVE THE AUTHORITY TO REQUIRE STATE
5 AGENCIES TO PROVIDE ANY ASSISTANCE AND INFORMATION REGARDING TECHNOLOGY
6 PLANS AND STRATEGIES (INCLUDING PLANNED FUTURE INITIATIVES), TECHNOLOGY
7 UTILIZATION AND DISTRIBUTION OF RESOURCES WITHIN THE STATE AGENCY, TECH-
8 NOLOGY PROCUREMENT AND MANAGEMENT OF THE INFORMATION TECHNOLOGY WORK-
9 FORCE NECESSARY OR USEFUL TO EVALUATING SUCH COMPLIANCE.
10 (B) AS PART OF THIS ANNUAL REVIEW, THE OFFICE SHALL BE RESPONSIBLE FOR
11 REVIEWING THE MANAGEMENT OF THE INFORMATION TECHNOLOGY WORKFORCE IN EACH
12 STATE AGENCY, INCLUDING IDENTIFYING THE FULL NUMBER, VALUE, AND PROVIDED
13 SERVICES OF OUTSIDE CONTRACTS FOR TECHNOLOGY SERVICES; THE FULL NUMBER,
14 PERSONAL SERVICE COST, AND PROVIDED SERVICES OF PUBLIC EMPLOYEES WITHIN
15 THE STATE AGENCY PROVIDING TECHNOLOGY SERVICES; A LISTING OF THE INTER-
16 NAL AND EXTERNAL TRAINING OPPORTUNITIES AND FUNDING FOR TECHNOLOGY
17 STAFF, AND THE EXTENT TO WHICH IT WAS UTILIZED; AND A LISTING AND
18 DESCRIPTION OF ALL KNOWLEDGE TRANSFER PROVISIONS BETWEEN OUTSIDE VENDORS
19 AND STATE EMPLOYEES, AND AN EVALUATION OF WHETHER THOSE PROVISIONS WERE
20 MET.
21 2. ANY STATE AGENCY THAT INITIATES A PLAN TO PROCURE TECHNOLOGY OR
22 TECHNOLOGY-RELATED SERVICES OF MORE THAN ONE HUNDRED THOUSAND DOLLARS IN
23 VALUE MUST NOTIFY THE OFFICE AT THE TIME WHEN THE SCOPE OF SUCH PROCURE-
24 MENT IS FIRST DEFINED AND INTERNAL PROCUREMENT DEVELOPMENT IS INITIATED.
25 THE OFFICE, IN CONJUNCTION WITH THE DIVISION OF THE BUDGET, SHALL HAVE
26 THE RESPONSIBILITY TO REVIEW ANY SUCH PROCUREMENT FOR CONSISTENCY WITH
27 THE STATEWIDE ENTERPRISE INFORMATION TECHNOLOGY STRATEGIC PLAN, THE MOST
28 RECENT TECHNOLOGY PLAN SUBMITTED BY THE STATE AGENCY TO THE OFFICE, AND
29 ANY OTHER STATEWIDE TECHNOLOGY POLICY SET BY THE OFFICE. IN ADDITION,
30 THE OFFICE SHALL REVIEW THE PROCUREMENT IN THE CONTEXT OF OTHER TECHNOL-
31 OGY PROCUREMENTS IN ORDER TO IDENTIFY ANY OPPORTUNITIES TO UTILIZE
32 CENTRALIZED OR ENTERPRISE CONTRACT VEHICLES OR AGGREGATE TECHNOLOGY
33 PURCHASES FROM DISPARATE STATE AGENCIES WHERE APPROPRIATE.
34 S 6. The state technology law is amended by adding a new article 5 to
35 read as follows:
36 ARTICLE V
37 INFORMATION TECHNOLOGY GOVERNANCE
38 SECTION 501. ENTERPRISE EXECUTIVE GOVERNANCE BOARD.
39 502. INFORMATION TECHNOLOGY INVESTMENT BOARD.
40 S 501. ENTERPRISE EXECUTIVE GOVERNANCE BOARD. 1. THERE IS HEREBY
41 ESTABLISHED AN ENTERPRISE EXECUTIVE GOVERNANCE BOARD TO OVERSEE TECHNOL-
42 OGY POLICY IN THE STATE. THE BOARD SHALL BE COMPOSED OF NINE MEMBERS OR
43 THEIR DESIGNEES: THE DIRECTOR OF STATE OPERATIONS, WHO SHALL SERVE AS
44 THE CHAIR, THE ATTORNEY GENERAL, THE STATE COMPTROLLER, THE CHANCELLOR
45 OF THE STATE UNIVERSITY OF NEW YORK, ONE APPOINTEE BY THE SPEAKER OF THE
46 ASSEMBLY, ONE APPOINTEE BY THE TEMPORARY PRESIDENT OF THE SENATE AND
47 THREE APPOINTEES BY THE GOVERNOR. THE GOVERNOR'S APPOINTMENTS SHALL BE
48 SELECTED FROM THE COMMISSIONERS OF STATE AGENCIES. THE CHIEF INFORMATION
49 OFFICER AND THE CHAIR OF THE CHIEF INFORMATION OFFICER ADVISORY COUNCIL
50 SHALL BE EX-OFFICIO MEMBERS OF THE BOARD BUT HAVE NO VOTING PRIVILEGES.
51 2. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
52 SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
53 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
54 3. THE BOARD SHALL MEET AT LEAST ONCE EVERY SIX MONTHS, AND MAY BE
55 CONVENED AT OTHER TIMES BY JOINT AGREEMENT OF THE CHIEF INFORMATION
56 OFFICER AND THE CHAIR. SIX VOTING MEMBERS OF THE BOARD MUST BE PRESENT
S. 8262 7
1 FOR A QUORUM TO CONDUCT ANY BINDING VOTES OR TO APPROVE ANY BOARD
2 REPORTS.
3 4. THE BOARD SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
4 (A) TO REVIEW AND APPROVE STATE ENTERPRISE INFORMATION TECHNOLOGY
5 POLICIES, INCLUDING THE STATEWIDE INFORMATION TECHNOLOGY STRATEGIC PLAN
6 AS ISSUED BY THE CHIEF INFORMATION OFFICER;
7 (B) TO REVIEW AND APPROVE ANY STATEWIDE PLAN FOR THE FURTHER DEVELOP-
8 MENT AND IMPROVEMENT OF THE STATE'S TECHNOLOGY ACQUISITIONS, INCLUDING
9 THE ACTIVITIES AND DECISIONS OF THE INFORMATION TECHNOLOGY INVESTMENT
10 BOARD AS CREATED IN SECTION FIVE HUNDRED TWO OF THIS ARTICLE;
11 (C) TO REQUEST SURVEYS AND REPORTS TO BE COMPLETED BY THE CHIEF INFOR-
12 MATION OFFICER TO CARRY OUT ANY OF THE OBJECTIVES AND PURPOSES OF THIS
13 ARTICLE; AND
14 (D) TO PERFORM SUCH OTHER ACTS AS MAY BE ASSIGNED BY THE CHAIR WHICH
15 ARE NECESSARY OR APPROPRIATE TO CARRY OUT THE FUNCTIONS OF THE BOARD.
16 5. THE BOARD MAY REQUEST AND RECEIVE FROM THE OFFICE OF THE CHIEF
17 INFORMATION OFFICER, AS WELL AS ANY OTHER STATE AGENCY OR ANY LOCAL
18 GOVERNMENT AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER, ANY
19 ASSISTANCE, INFORMATION AND RESOURCES AS WILL ENABLE THE BOARD TO PROP-
20 ERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
21 6. THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR, SPEAKER OF THE
22 ASSEMBLY, AND TEMPORARY PRESIDENT OF THE SENATE NO LATER THAN THE
23 FIFTEENTH DAY OF FEBRUARY OF EACH YEAR. SUCH A REPORT SHALL INCLUDE A
24 SUMMARY OF ITS ACTIVITIES AND DECISIONS, EVALUATION OF THE STATE'S
25 ENTERPRISE INFORMATION TECHNOLOGY STRATEGIC PLAN, RECOMMENDATIONS FOR
26 LEGISLATIVE AND EXECUTIVE ACTION TO IMPLEMENT THAT PLAN AND OTHERWISE
27 ADVANCE SOUND INFORMATION TECHNOLOGY PUBLIC POLICY THROUGHOUT THE STATE,
28 AND A SUMMARY OF ALL EXPENDITURES APPROVED BY ITSELF AND THE INFORMATION
29 TECHNOLOGY INVESTMENT BOARD.
30 S 502. INFORMATION TECHNOLOGY INVESTMENT BOARD. 1. THERE IS HEREBY
31 ESTABLISHED AN INFORMATION TECHNOLOGY INVESTMENT BOARD TO OVERSEE MAJOR
32 TECHNOLOGY PROCUREMENTS IN THE STATE. THE BOARD SHALL BE COMPOSED OF
33 ELEVEN MEMBERS OR THEIR DESIGNEES: THE DIRECTOR OF STATE OPERATIONS, WHO
34 SHALL SERVE AS THE CHAIR, THE STATE COMPTROLLER, THE CHIEF INFORMATION
35 OFFICER, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE COMMISSIONER OF
36 GENERAL SERVICES, TWO APPOINTEES BY THE SPEAKER OF THE ASSEMBLY, TWO
37 APPOINTEES BY THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE
38 CHIEF INFORMATION OFFICER ADVISORY COUNCIL, AND A REPRESENTATIVE,
39 APPOINTED BY THE GOVERNOR, OF AN ORGANIZATION OF LOCAL GOVERNMENT INFOR-
40 MATION TECHNOLOGY DIRECTORS.
41 2. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
42 SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
43 INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
44 3. THE BOARD SHALL MEET AT LEAST ONCE EVERY THREE MONTHS, AND MAY BE
45 CONVENED AT OTHER TIMES BY JOINT AGREEMENT OF THE CHIEF INFORMATION
46 OFFICER AND THE CHAIR. EIGHT VOTING MEMBERS OF THE BOARD MUST BE PRESENT
47 FOR A QUORUM TO CONDUCT ANY BINDING VOTES OR TO APPROVE ANY BOARD
48 REPORTS.
49 4. THE BOARD SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
50 (A) TO REVIEW AND APPROVE ANY MAJOR STATEWIDE INFORMATION TECHNOLOGY
51 INITIATIVE WITH A TOTAL COST OF MORE THAN TEN MILLION DOLLARS;
52 (B) TO REQUEST SURVEYS AND REPORTS TO BE COMPLETED BY THE CHIEF INFOR-
53 MATION OFFICER TO CARRY OUT ANY OF THE OBJECTIVES AND PURPOSES OF THIS
54 SECTION; AND
55 (C) TO PERFORM SUCH OTHER ACTS AS MAY BE ASSIGNED BY THE CHAIR WHICH
56 ARE NECESSARY OR APPROPRIATE TO CARRY OUT THE FUNCTIONS OF THE BOARD.
S. 8262 8
1 5. THE BOARD MAY REQUEST AND RECEIVE FROM THE OFFICE OF THE CHIEF
2 INFORMATION OFFICER, AS WELL AS ANY OTHER STATE AGENCY OR ANY LOCAL
3 GOVERNMENT AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER, ANY
4 ASSISTANCE, INFORMATION, AND RESOURCES AS WILL ENABLE THE BOARD TO PROP-
5 ERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
6 6. THE BOARD SHALL SUBMIT A REPORT TO THE ENTERPRISE EXECUTIVE GOVER-
7 NANCE BOARD CONTAINING A SUMMARY OF ALL EXPENDITURES IT HAS APPROVED OR
8 DENIED WITHIN FIFTEEN DAYS OF ANY OFFICIAL MEETING OR VOTE OF THE BOARD.
9 S 7. Subdivision 4 of section 163 of the state finance law is amended
10 by adding a new paragraph f to read as follows:
11 F. ALL CONTRACTS FOR TECHNOLOGY CONSULTING SERVICES MUST PROVIDE A
12 SPECIFIC IMPLEMENTATION PLAN FOR KNOWLEDGE TRANSFER AND TRAINING FOR
13 EXISTING STATE EMPLOYEES BY THE CONTRACTOR, INCLUDING BENCHMARKS TO
14 MEASURE PROGRESS IN SUCH TRANSFER AND TRAINING AND A WORKFORCE PLANNING
15 DOCUMENT TO DEMONSTRATE HOW PERSONNEL RESOURCES SHALL BE DEPLOYED BY THE
16 AGENCY TO MAKE SUCH TRANSFER POSSIBLE.
17 S 8. Subdivision 4 of section 163-a of the state finance law, as
18 amended by chapter 437 of the laws of 2004, is amended to read as
19 follows:
20 4. The state agency together with the office [for technology] OF THE
21 CHIEF INFORMATION OFFICER determines that the restriction is not in the
22 best interest of the state. Such office shall notify each member of the
23 [advisory council] ENTERPRISE EXECUTIVE GOVERNANCE BOARD AND INFORMATION
24 TECHNOLOGY INVESTMENT BOARD established in article [one] FIVE of the
25 state technology law of any such waiver of these restrictions.
26 S 9. This act shall take on the thirtieth day after it shall have
27 become a law; provided, however, that sections five, six, seven and
28 eight of this act shall take effect on the ninetieth day after it shall
29 have become a law; provided further, however, that the amendments to
30 subdivision 4 of section 163 of the state finance law made by section
31 seven of this act shall not affect the repeal of such subdivision and
32 shall be deemed to be repealed therewith.
