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ENGROSSED SENATE
BILL NO. 429 By: Thompson of the Senate
and
Hilbert of the House
An Act relating to public finance; amending 62 O .S.
2011, Section 34.11.1, as la st amended by Section 2,
Chapter 384, O.S.L. 2017 (62 O.S. Supp. 20 20, Section
34.11.1), which relates to the Chief Information
Officer; deleting appointment authority of the
Governor; providing hiring authority to the Director
of the Office of Management and Enterprise Services;
modifying certain duties of the Chief Information
Officer and the Director of the Office o f Management
and Enterprise Services; deleting salary range;
eliminating statutory eligibility requirements;
making certain initial assessment and report an
annual requirement; modifying contents of certain
report; modifying duties of the Information Services
Division of the Office of Management and Enterprise
Services; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2011, Section 34.11.1, as
last amended by Section 2, Chapter 384, O.S.L. 2017 (62 O.S. Supp.
2020, Section 34.11.1), is ame nded to read as follows:
Section 34.11.1. A. Ther e is hereby created the position of
Chief Information Officer who shall be appointed by the Governor
hired by the Director of the Office of Management and Enterprise
Services (OMES). The Chief Information Office r, in addition to
having authority over the In formation Services Division of the
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Office of Management and Enterprise Ser vices, shall also serve as
Secretary of Information Technology and Telecommunications or
successor cabinet position and shall have jurisdictional areas of
responsibility related to i nformation technology and
telecommunications systems of all state agencies as provided for in
state law. 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 Th ousand Dollars ($160,000.00).
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 seve n (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 develo ping technology budgets ;
6. Experience in developing requests for proposal and
administering the bid process;
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7. Experience managing professional staff, teams, and
consultants;
8. Knowledge of telecommunications operations;
9. Ability to develop and se t strategic direction f or
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 comp lex issues, both logica l
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, fl exible and
creative.
C. B. The salary and any other expenses for the Chief
Information Officer s hall be budgeted as a separate line item
through the Office of Management and Enterprise Services. The
operating expenses of the Inform ation Services Division shall be set
by the Chief Information Officer and shall be budgeted as a separate
line item through the Office of Management and Enterprise Services.
The Office of Management and Enterprise Services shall provide
adequate office space, equipment and supp ort necessary to enable the
Chief Information Officer to carry out the information technology
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and telecommunications duties and responsibilities of the Chief
Information Officer and the Information Services Division.
D. C. 1. Within twelve (12) months of appointment, the first
Chief Information Officer shall complete an assessment, which shall
be modified annually The Chief Information Office r shall complete an
annual assessment, pursuant to Section 35.5 of this title, of the
implementation of the transfer , coordination, and mo dernization 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 telecomm unications 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 as assembled and
submitted by the Oklahom a Higher Education Chie f Information
Officer, as designated by the Oklahoma State Regents for Higher
Education.
2. Within twelve (12) months of appointment, the first The
Chief Information Officer shall issue a an annual report setting out
a plan of action which will include th e following:
a. define the shared service model organization structure
and the reporting relatio nship of the recommended
organization,
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b. the implementation of an information technology and
telecommunications shared services model th at defines
the statewide infrastructure envir onment 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 contr ol of the Information
Services Division of the Office of Management and
Enterprise Services,
d. define the roadmap to implement the proposed shared
services model. The roadmap shall include
recommendations on the transfer, coordinat ion, and
modernization of all information tec hnology and
telecommunication systems of all the state agencies in
the state, and
e. recommendations on the reallocation of information
technology and telecommunication resources and
personnel,
f. a cost benefit analysis to support the re commendations
on the reallocation of information technology and
telecommunication resources and personnel,
g. a calculation of the net savings realized through the
reallocation and consolidation of information
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technology and telecomm unication resources and
personnel after compe nsating for the cost of
contracting with a private consultant as autho rized in
paragraph 4 of this subsection, implementing the plan
of action, and ongoing costs of the Information
Services Division of the Offic e of Management and
Enterprise Services, and
h. the information required in subsection B of Section
35.5 of this title.
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 by the Director of OMES .
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. D. The Chief Information Officer Director of OMES 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 Inform ation Services Divisio n of
the Office of Management and Enterprise Services.
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F. E. The Information Services Division of the Office of
Management and Enterprise Services shall be responsible for the
following duties:
1. Formulate and implement the informa tion technology strate gy
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 a nd operation of a scal able
telecommunications infrastructure that supports data and voice
communications reliability, integrity, and security;
4. Supervise the applications development process for those
applications that are utilize d across multiple agenc ies;
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 Management and Enterprise Services;
6. Evaluate all technol ogy 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 oversig ht for the support and
continuous upgrading of the current information technology and
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telecommunication infrastructure in the state in support of enhanced
reliability, user service levels, and security;
9. Direct the development, imp lementation, and manag ement 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 Management and
Enterprise Services to support the services provide d by the Division
and the execution of the strategic information technology plan;
11. Establish, maintain, and enforce information technolog y 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 Management and Enterprise Services;
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 Management and Enterprise Services and provide fo r 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 Management and Enterprise Services an d recommend
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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 fo r employees of the
Information Services Divis ion of the Office of Management and
Enterprise Services;
16. For all state agencies, approve recommend to the Director
of OMES the purchasing of all information technology and
telecommunication services and app rove the purchase of an y
information technolo gy and telecommunication product except the
following:
a. a purchase less than or equal to Five Thousand Dollars
($5,000.00) if such product is purchased using a state
purchase card and the product is listed on either the
Approved Hardware or Approved Soft ware list located on
the Office of Management and Enterprise Services
website, or
b. a purchase over Five Thousand Dollars ($5,000.00) and
less than or equal to Twenty -five Thousand Dollars
($25,000.00) if such product is purchased us ing a
state purchase card, the product is listed on an
information technology or telecommuni cations statewide
contract, and the product is listed on either the
Approved Hardware or Approved Software list located on
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the Office of Management and Enterprise S ervices
website;
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; and
19. Define and implement a governance model for requesting
services and monitoring service lev el metrics for all sha red
services; and
20. Create the budget for the Information Services Division of
the Office of Management and Enterprise Services to be submitted to
the Legislature each year .
G. F. The State Governmental Tech nology Applications Rev iew
Board shall provide ongoing oversight of the implementation of the
plan of action requir ed in subsection D C of this section. Any
proposed amendments to the plan of action shall be approved by the
Board prior to adoption.
H. G. 1. The Chief Informat ion Officer, at the direction of
the Director of OMES, shall act as the Information Technolo gy and
Telecommunications Purchasing Director for all state agencies and
shall be responsible for the procurement of all information
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technology and telecommunicatio n 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 C hief Information Offic er 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 technolog y systems, and other r elated
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 Oklahom a Central
Purchasing Act.
2. The Chief Information Officer, or any employee or agent of
the Chief Information Officer acting within the scope of delegated
authority at the direction of the Director of OMES, shall have the
same power and authority regardin g the procurement of all
information technology and telecommunication products and services
as outlined in paragraph 1 of this subsection for all state agencies
as the State Purchasing D irector has for all acquisitions used or
consumed by state agencies as established in The Oklahoma Central
Purchasing Act. Such authority shall, consistent with the authority
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granted to the State Purchasing Dir ector pursuant to Secti on 85.10
of Title 74 of the Oklahoma Statutes, include the power to designate
financial or proprietary information submitted by a bidder
confidential and reject all requests to disclose the information so
designated, if the Chief Inf ormation Officer requir es the bidder to
submit the financial or proprietary information with a bid,
proposal, or quotation.
I. H. The Information Services Division of the Office of
Management and Enterprise Services and the Chief Information Officer
shall be subject to The Okla homa Central Purchasin g Act for the
approval and purchase of equipment and products not rela ted to
information and telecommunications technology, equipment, software,
products and related peripherals and services and shall also be
subject to the requiremen ts of the Public Compe titive 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 rela ted
peripherals and services and when constru cting information
technology and telecommunication facilities, telecom munication
networks and supporting infrastructure. The Chief Information
Officer shall be authorized to delegate all or some of the
procurement of information tech nology and telecommuni cation products
and services and construction of facilities and teleco mmunication
networks to another state entity if the Chief Information Officer
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determines it to be cost -effective and in the best interest of the
state. The Chief Information Officer, at the direction of the
Director of OMES, shall have authority to design ate information
technology and telecommunication contracts as statewide contracts
and mandatory statewide contracts pursuant to Section 85.5 of Title
74 of the Oklahoma Statutes and to n egotiate consolidation
contracts, enterprise agreements and high techn ology systems
contracts in accordance with the procedures outlined in Section
85.9D of Title 74 of the Oklahoma Statutes. Any contract enter ed
into by a state agen cy for which the Chief Information Officer has
not acted as the Information Technology and T elecommunications
Purchasing Director as required in this subsection or subsection H G
of this section, shall be deemed to be unenforceable a nd the Office
of Management and Enterprise Se rvices shall not process any claim
associated with the provisions ther eof.
J. I. The Chief Information Officer shall establish, implement,
and enforce policies and procedure for the development and
procurement of an interoperable rad io communications syst em for
state agencies. The Chief Information Officer shall work with local
governmental entities in developing the interoperable radio
communications system.
K. J. The Chief Information Officer shall develop a nd implement
a plan to utilize open source te chnology and products for the
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information technology and telecommunica tion systems of all state
agencies.
L. K. All state agencies and authorities of this state and all
officers and employees of those entities shall work and cooperat e
with and lend assist ance to the Chief Information Officer and the
Information Services Div ision of the Office of Management and
Enterprise Services and provide any and all information requested by
the Chief Information Officer.
M. L. The Chief Information Officer, at the direction of the
Director of OMES, shall prepare an annual report detaili ng the
ongoing net saving attributable to the reallocation and
consolidation of information technology and telecommunication
resources and personnel and shall submi t the report to the Go vernor,
the Speaker of the House of Representatives, and the President Pro
Tempore of the Senate.
N. M. 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 C of this section, the
term “state agencies” shall not include institutions within The
Oklahoma State System of Highe r Education, the Oklahoma State
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Regents for Higher Education and the telecommunications network
known as OneNet.
O. N. As used in this secti on:
1. “High technology system” means advanced technological
equipment, software, communication lines, and service s for the
processing, storing, and retrieval of information by a state agency;
2. “Consolidation contract ” means a contract for several stat e
or public agencies fo r the purpose of purch asing information
technology and telecommunication goods and services; and
3. “Enterprise agreement” means an agreement for information
technology or telecommunication goods and services with a supplier
who manufactures, develops and designs products and provides
services that are used by one or more state agencies.
SECTION 2. This act shall become effective November 1, 202 1.
Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives