CHAPTER 335
SB 94 – FINAL VERSION
23Jan2008… 2651h
18Mar2008… 0962h
06/04/08 1964CofC
2008 SESSION
05/01
SENATE BILL 94
AN ACT establishing the department of information technology, relative to positions in the department of information technology, and the membership of the information technology council.
COMMITTEE: Executive Departments and Administration
This bill:
I. Eliminates the office of information technology and establishes the department of information technology as an independent agency, under the direction of a commissioner and division directors.
II. Authorizes the commissioner of the department of information technology to fill vacant positions that were transferred from the department of health and human services in the same manner as the commissioner of health and human services.
III. Adds an additional member, appointed by the governor, to the information technology council.
IV. Eliminates the division of information technology in the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Jan2008… 2651h
18Mar2008… 0962h
06/04/08 1964CofC
07-1166
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing the department of information technology, relative to positions in the department of information technology, and the membership of the information technology council.
Be it Enacted by the Senate and House of Representatives in General Court convened:
335:1 New Chapter; Department of Information Technology. Amend RSA by inserting after chapter 21-Q the following new chapter:
CHAPTER 21-R
DEPARTMENT OF INFORMATION TECHNOLOGY
21-R:1 Definitions. In this chapter:
I. “Commissioner” means the commissioner of the department of information technology.
II. “Department” means the department of information technology.
21-R:2 Department of Information Technology Established. There is established the department of information technology, an agency of the state, under the executive direction of a commissioner of the department of information technology, who shall also be known as the chief information officer. The department of information technology, through its officials, shall be responsible for managing and coordinating all technology resources in the executive branch of government, developing and implementing strategies to enhance state services, and creating statewide efficiencies through the use of information and other technologies.
21-R:3 Commissioner; Directors; Compensation.
I. The commissioner of the department of information technology shall be appointed by the governor, with the advice and consent of the council, and shall serve for a term of 4 years. The commissioner shall be academically and technically qualified to hold the position, and shall be known as the chief information officer. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
II.(a) The commissioner shall nominate the following division directors for appointment by the governor, with the consent of the council:
(1) The director of operations.
(2) The director of technical support services.
(3) The director of web support.
(4) The director of agency software.
(b) Division directors shall serve for a term of 4 years and shall be qualified by reason of professional competence, education, and experience.
III. The salaries of the commissioner and division directors shall be as specified in RSA 94:1-a.
21-R:4 Duties of the Commissioner. In addition to the powers, duties, and functions otherwise vested in the commissioner pursuant to RSA 21-G:9, the commissioner shall be responsible for the following:
I. Providing technical information technology consultation to all executive branch agencies and to any other agency that requests it, including technical advice during the development or acquisition of information systems.
II. Monitoring technological trends and informing all state employees and officials about state-of-the-art information systems and management techniques.
III. Developing a formal information technology planning process for approving agency information technology plans.
IV. Preparing and maintaining a statewide information technology plan based upon agency information technology plans.
V. Reviewing, assessing, and approving the feasibility of agency information technology plans, including cost estimates and effects on other agencies and political subdivisions of the state.
VI. Developing standards and processes for collaborative stakeholder involvement to assure that hardware, software, and telecommunications systems acquired or developed by the state are as compatible among themselves and with other systems of the state and political subdivisions as are necessary and practical.
VII. Providing training and educational programs to technicians and managers.
VIII. Monitoring and reporting to the governor and general court on the effectiveness of the use of information technology resources and on statewide progress in implementing information technology plans.
IX. Coordinating information technology development efforts that affect multiple agencies.
X. Developing a data center consideration plan, which establishes strategic data centers throughout the state for data processing operations and service responsibilities for all executive branch agencies.
XI. Developing, in concert with the commissioner of administrative services and the budget director as defined in RSA 21-I:1-a, the capital and operating budget requests for implementing each agency’s information technology plan, including, but not limited to, appropriate standards for the uniform presentation of the general budget requests.
XII. Developing, in concert with the department of administrative services, director of plant and property management, specifications for the procurement of computer equipment and software.
XIII. Developing a strategy to increase efficiency and effectiveness in all areas of state government by using information technology to its fullest potential.
XIV. Developing and implementing a strategy to consolidate statewide shared information technology services.
XV. Developing an information technology satisfaction measurement program to ensure information technology resources and strategic plans are meeting the needs of each agency.
21-R:5 Divisions Established. The following divisions, each of which shall be under the supervision of a division director appointed pursuant to RSA 21-R:3, are established within the department of information technology:
I. The division of operations.
II. The division of technical support services.
III. The division of web support.
IV. The division of agency software.
21-R:6 Information Technology Council.
I. There is hereby established the information technology council. The council shall advise the commissioner on the following:
(a) Statewide strategic technology plans.
(b) Outsourcing relationships, including the purchase of technology equipment and contracts with technology vendors.
(c) Computer systems consolidation.
(d) Implementation of centralized services.
(e) Information technology resource changes, including changes in quantity of resources allocated to executive branch agencies, location of information technology resources, and allocation of information technology personnel.
(f) Statewide information technology policies and standards.
(g) Information technology budgeting and resource allocation.
II. The information technology council shall consist of the following members:
(a) The commissioner of administrative services, or designee.
(b) The commissioner of transportation, or designee.
(c) The commissioner of health and human services, or designee.
(d) The commissioner of safety, or designee.
(e) The commissioner of revenue administration, or designee.
(f) Two heads of other departments, appointed by the governor.
(g) One state senator, appointed by the president of the senate for the duration of his or her legislative term.
(h) One state representative, appointed by the speaker of the house of representatives for the duration of his or her legislative term.
(i) One representative of municipal government, appointed by the governor for a 3-year term.
(j) One representative of county government, nominated by the New Hampshire Association of Counties and appointed by the governor for a 3-year term.
(k) One person appointed by the governor for a 3-year term, who shall serve as the chairperson of the council.
III. Six members of the council shall constitute a quorum. Qualified members who have served one or more terms shall be eligible for reappointment to the council.
21-R:7 Technical Committees. The commissioner may establish technical committees to advise him or her on technical issues. Each technical committee shall include personnel from all 3 branches of government who have experience in the specific issue that is the focus of the committee. These issues may include but are not limited to:
I. Hardware, software, and telecommunications standards.
II. Information technology planning process.
III. Development of statewide policies and procedures.
IV. Emerging Internet and “intranet,” or limited network, technologies.
V. E-government strategy and deployment.
VI. Wide area network efficiencies.
21-R:8 Agency Satisfaction Metrics. The commissioner shall use a system of agency satisfaction metrics, a measurement and communication system to track the satisfaction of delivery of information technology solutions. The department of information technology may use surveys, web tools, and special processes to ensure that vehicles exist for agency heads to get the quality of information technology solutions they require to operate their agencies. The commissioner shall set satisfaction benchmarks to meet or exceed expectations.
21-R:9 Legislative Oversight Committee.
I. There is hereby established a joint legislative information technology oversight committee.
II. The committee shall consist of 6 members, 3 of whom shall be members of the house of representatives, with one such member from the house finance committee and one from the house executive departments and administration committee, appointed by the speaker of the house of representatives, and 3 of whom shall be senators, appointed by the president of the senate. Members shall be appointed for their term of office. All members shall be eligible for reappointment so long as they are qualified under this section. Members shall be appointed no later than December 30 of the year of their election to the general court, except that vacancies shall be filled for an unexpired term within 30 days of the creation of such vacancy, and the initial appointments under this section shall be made within 30 days of the effective date of this section. The members shall choose from their number a chairperson, provided that the chair shall rotate biennially between the house and senate members.
III. The commissioner shall report quarterly to the committee on the activities of the department, including the status of the state information technology plan, the organizational structure of information technology employees among state agencies, and financial budget tracking related to information technology.
IV. Members of the committee shall serve without compensation but shall receive mileage at the legislative rate when attending to the duties of the committee.
335:2 Transfer of Authority From Office of Information Technology to Department of Information Technology. The office of information technology within the office of the governor is hereby abolished and all of the functions, powers, duties, and responsibilities of the office and the officials within that office are transferred to and vested in the department of information technology pursuant to this act. The transfer provided in this section shall include all of the personnel, books, papers, records, equipment, unexpended appropriations or other funds, actions, and other property or obligations of any kind of the office of information technology.
335:3 Department of Information Technology Unclassified Positions and Salaries.
I. The salaries for the unclassified positions established in this act shall be determined in accordance with RSA 14:14-c.
II. The commissioner of the department of information technology shall abolish a position of comparable responsibility and compensation upon filling each of the division director positions established in RSA 21-R:3, II. The commissioner shall report to the commissioner of the department of administrative services the position numbers to be abolished. The funds budgeted to compensate the abolished positions shall not lapse and shall be used towards the compensation of the division director positions.
III. The commissioner of the department of information technology shall have the authority to fill the unclassified position of director of information technology, position number 9U345, if it becomes vacant prior to the commissioner filling the position of director of agency software, established by RSA 21-R:3, II(a).
335:4 New Subparagraph; Positions. Amend RSA 126-A:9, II by inserting after subparagraph (c) the following new subparagraph:
(d) Any positions that were established under this section and subsequently transferred to the department of information technology and become vacant may be filled by the commissioner of the department of information technology in the same manner as prescribed for the commissioner.
335:5 “Office of Information Technology” Renamed “Department of Information Technology.” Amend the following RSA provisions by replacing “office of information technology” with “department of information technology”: 5-C:16, 21-I:6, VIII, 21-L:5-a, II(g), and 106-K:5, I(e).
335:6 Administrative Services; Reference Change. Amend RSA 21-I:14-b to read as follows:
21-I:14-b Prohibition on Future Employment.
I. No commissioner, financial data manager, accounting director, or director of plant and property management of the department of administrative services[, or director of the office of information technology management] shall accept any employment, including work as a consultant or lobbyist, with any vendor of goods or services holding a valid contract with the department, in excess of $10,000 over the previous 2 years, until one year after he or she shall become separated from the department.
II. No vendor of goods or services holding a valid contract with the department, in excess of $10,000 over the previous 2 years, shall employ any commissioner, financial data manager, accounting director, or director of plant and property management of the department[, or director of the office of information technology management] until one year after such employee has become separated from the department. Any such vendor who violates the provisions of this paragraph shall be barred from bidding on any future contract with the department for 5 years after such violation.
335:7 Repeal. The following are repealed:
I. RSA 4-D, relative to the office of information technology.
II. RSA 21-P:12-f, relative to the department of safety, division of information technology.
III. RSA 21-R, relative to the department of information technology.
335:8 Effective Date.
I. Section 7, paragraph III of this act shall take effect July 1, 2014.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: July 7, 2008
Effective Date: I. Section 7, paragraph III shall take effect July 1, 2014.
II. Remainder shall take effect September 5, 2008.