South Carolina General Assembly
115th Session, 2003-2004

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H. 4094

STATUS INFORMATION

General Bill
Sponsors: Rep. Cooper
Document Path: l:\council\bills\dka\3492dw03.doc

Introduced in the House on April 29, 2003
Currently residing in the House Committee on Ways and Means

Summary: Joint Information Technology Architecture Review Panel established, appointment of Chief Information Officer

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   4/29/2003  House   Introduced and read first time HJ-7
   4/29/2003  House   Referred to Committee on Ways and Means HJ-7

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/29/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE STATE CHIEF INFORMATION OFFICER TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER WHO IS APPOINTED BY THE BUDGET AND CONTROL BOARD UPON RECOMMENDATION OF THE GOVERNOR AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DEPARTMENT; TO CREATE A JOINT INFORMATION FINANCE COMMITTEE AND THE INFORMATION TECHNOLOGY ARCHITECTURE REVIEW PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANEL; AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 3, Title 1 of the 1976 Code is amended by adding:

"Article 6

State Chief Information Officer

Section 1-3-300.    It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost-effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance the quality and delivery of services.

Section 1-3-305    As used in this article:

(1)    'Board' means the State Budget and Control Board.

(2)    'Committee' means the Joint Information Technology Review Committee.

(3)    'Division' means the Division of the State Chief Information Officer.

(4)    'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive branch. Governmental body excludes the General Assembly or its respective branches or its committees, the Judicial Branch, Legislative Council, the Office of Legislative Printing and Information Technology Resources, and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.

(5)    'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes.

(6)    'Information technology initiative' means an information technology project proposed by a governmental body or governmental bodies that exceeds a total estimated cost established by the board.

(7)    'Panel' means the Information Technology Architecture Review Panel.

Section 1-3-310.    There is created the Division of the State Chief Information Officer within the State Budget and Control Board. The division is under the supervision of the State Chief Information Officer who must be appointed by the Budget and Control Board upon recommendation of the Governor. The State Chief Information Officer serves at the pleasure of the State Budget and Control Board.

Section 1-3-315.    (A)    There is created a joint committee of the General Assembly to be known as the Joint Information Technology Review Committee consisting of ten members. The chairman of the Senate Finance Committee shall appoint five members, three of whom must be appointed from the Senate Finance Committee and two appointed from the remaining membership of the Senate. The chairman of the House Ways and Means Committee shall appoint five members, three of whom must be appointed from the House Ways and Means Committee and two appointed from the remaining membership of the House of Representatives. Terms of members of the committee shall correspond to the terms for which they are elected to the General Assembly. The committee shall elect officers of the committee, but individuals elected as officers may succeed themselves if elected to do so.

(B)    The responsibilities of the committee include, but are not limited to, the following:

(1)    review information technology initiatives to determine whether the expenditure of funds for the information technology initiatives is justified by sound business and technological principles and standards;

(2)    recommend to the board which information technology initiatives should be approved by the board;

(3)    recommend to the board priorities of future information technology initiatives;

(4)    carry out all the above assigned responsibilities in consultation and cooperation with the board, the division, and the appropriate governmental bodies; and

(5)    report its findings and recommendations to the House Ways and Means Committee and the Senate Finance Committee annually or upon request of these committees.

Section 1-3-320.    (A)    The State Chief Information Officer shall determine the number and composition of the Information Technology Architecture Review Panel to include representatives from governmental bodies and other entities. The panel shall review the information technology initiatives of governmental bodies and advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures.

(B)    Members serve without compensation, but are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business. Members who are full-time state employees may not receive per diem.

(C)    The responsibilities of the panel include the following:

(1)    assess each information technology initiative to determine whether it adheres to the coordinated statewide strategic plan for information technology, statewide strategic information technology directions, standards, and enterprise architecture and the information technology plan of the governmental body proposing the information technology initiative;

(2)    assess the technological soundness of the information technology initiative;

(3)    assess whether the information technology initiative is redundant with the existing technology of the governmental body proposing the information technology initiative or the existing technology of other governmental bodies; and

(4)    carry out responsibilities assigned to it by the board or the State Chief Information Officer.

(D)    The panel shall provide a written assessment of each information technology initiative to the committee and the division. In addition to the information contained in subsection (C), this assessment may include the panel's recommendation as to whether the information technology initiative must be adopted.

Section 1-3-325.    In addition to other responsibilities as the board may assign, the division shall:

(1)    develop for approval of the board a coordinated statewide strategic plan for information technology and statewide strategic information technology directions, standards, and enterprise architecture. The division shall implement necessary management processes to ensure that governmental bodies fully comply with the coordinated statewide strategic plan for information technology and statewide strategic information technology directions, standards, and enterprise architecture;

(2)    develop for the approval of the board an approval process for the information technology plans of governmental bodies. Each governmental body is required to develop an information technology plan and submit the plan to the division for approval. The division may require modification to those plans that do not conform to statewide information technology plans, strategies, and standards;

(3)    develop policies, standards, methodologies, and procedures for the effective management of information technology investments throughout their entire life cycles including, but not limited to, project definition, procurement, development, implementation, operation, performance evaluation, and enhancement or retirement;

(4)    review information technology initiatives to determine whether the initiatives are justified by sound business principles. This review must be done in consultation with the governmental body sponsoring the information technology initiative and may include an evaluation of the return on investment projection of the information technology initiative and any other information the division considers appropriate;

(5)    monitor information technology initiatives approved by the board. The division may modify and suspend any information technology initiative that is not in compliance with statewide information technology plans, strategies, and standards or has not met the performance measures agreed to by the board, the division, and the sponsoring governmental body. The board may terminate any information technology initiative upon recommendation of the division;

(6)    evaluate requests from governmental bodies for exemptions from this chapter and recommend to the board whether the exemption requests are granted;

(7)    evaluate the information technology of governmental bodies and combine, upon board approval, such information technology and related resources when the division determines it is advisable from the standpoint of efficiency and cost effectiveness;

(8)    plan and forecast future needs for information technology and establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology initiatives;

(9)    provide support and subject matter expertise to the board, the committee, and the panel; and

(10)    provide information technology and telecommunications facilities and services in a manner determined by the board or as required by law.

Section 1-3-330.    There is created an Information Technology Innovation Fund to be administered by the division. The fund must provide incentives to governmental bodies to implement enterprise information technology initiatives and electronic government projects. The fund must encourage governmental bodies to use information technology to improve the delivery of services and reduce costs. The fund must not be used to replace or offset appropriations for on-going technology expenditures and operations. The fund consists of money appropriated through the state budget process, grants, gifts, donations, or other money designated by the division. The division, subject to the approval of the board, shall develop appropriate procedures for the allocation and distribution of money contained in the fund."

SECTION 2.    Section 11-35-1580(1) of the 1976 Code, as last amended by Act 153 of 1997, is further amended to read:

"(1)    Information Technology Management Office. The Information Technology Management Office shall be is responsible for:

(a)    assessing the need for and use of information technology;

(b)    administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter; and

(c)(b)    providing for the disposal of all information technology property surplus to the needs of a using agency;.

(d)    evaluating the use and management of information technology;

(e)    operating a comprehensive inventory and accounting reporting system for information technology;

(f)    developing policies and standards for the management of information technology in state government;

(g)    initiating a state plan for the management and use of information technology;

(h)    providing management and technical assistance to state agencies in using information technology; and

(i)        establishing a referral service for state agencies seeking technical assistance or information technology services."

SECTION    3.    This act takes effect upon approval by the Governor.

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