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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2329 By: Boatman of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to public finance; amending 62 O.S.
2021, Section 34.11.1, which relates to the Chief
Information Officer; modifying salary; modifying
eligibility requirements; modifying ce rtain reporting
requirements; modifying certain inclusions; modifying
authority to contract; authorizing requirement that
specific employees supply certain information to
complete state and national crim inal history record
check; modifying exceptions; modifying oversight
authority; amending 62 O.S. 2021, Section 34.11.2,
which relates to the Oklahoma State Government 2.0
Initiative; requiring review by the State
Governmental Technology Applications Review Board of
certain information from the Chief Information
Officer; and providing a n effective date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 62 O.S. 2021, 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 shall have
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authority over the Information Services Division o f the Office of
Management and Enterprise Services, 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 tel ecommunications syste ms 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
Thousand Dollars ($160,000.00).
B. Any person appoi nted 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 simila r degree;
2. A minimum of ten (10) years of professional experience with
responsibilities for management and support of information systems
and information technology, includ ing seven (7) five (5) years of
direct management of a major information technology operation and
cybersecurity operations;
3. 2. Familiarity with local and wide -area network design,
implementation, and operation;
4. 3. Experience with data and voice con vergence service
offerings;
5. 4. Experience in developing technology budgets ;
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6. 5. Experience in developing requests for proposal and
administering the within bid process processes;
7. 6. Experience managing professional staff, teams, and
consultants;
8. Knowledge of telecommunications operations;
9. 7. Ability to develop and set strategic direction for
information technology and telecommunications and to manage daily
development and operations functions;
10. 8. An effective communicator who is able to build
consensus;
11. 9. Ability to analyze and resolve complex issues, bo th
logical and interpersonal;
12. 10. Effective verbal and written communications skills and
effective presentation skills, geared toward coordination and
education;
13. 11. Ability to negotiate and defuse conflict; and
14. 12. A self-motivator, independent, cooperative, flexible
and creative.
C. The salary and any other expenses for the Chief Information
Officer shall be established by the State Chief Operating Offic er,
or in the absence of a State Chief Operating Officer, the Governor
and budgeted as a separate line item through the O ffice of
Management and Enterprise Services. The operating exp enses of the
Information Services Division shall be set by the Chief Information
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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 support necessary to enable the Chief
Information Officer to carry out the information technology and
telecommunications duties and responsibilities of the Chief
Information Officer and the Information Services Divisio n.
D. 1. Within twelve (12) months of appointment, the first The
Chief Information Officer shall complete annually an assessment,
which shall be modified ann ually pursuant to Section 35.5 of this
title, of the implem entation 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 shal l include the
information technology and telecommunications sys tems of all
institutions within The Oklahoma State System of Higher Education,
the Oklahoma State Regents for Higher Education and the
telecommunications netwo rk known as OneNet as assembled an d
submitted by the Oklaho ma Higher Education Chief Information
Officer, as designated by the Oklahoma State Regents for Higher
Education Oklahoma IT 3-Year Strategic Plan. The report shall
include the current and upcoming years' technology-based services, a
short-term and long-term direction for technology strategy, and
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outline plans for data enablement and protection, digital
transformation and technology management for the State of Oklahoma.
2. Within twelve (12) month s 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 organi zation structure
and the reporting relationship of the recommended
organization,
b. the implementation of an in formation technology and
telecommunications shared services mod el 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 Management and
Enterprise Services,
d. define the roadmap to implement the proposed shared
services model. The roadmap shall include
recommendations on the transfer, coor dination, and
modernization of all information technology and
telecommunication sy stems of all the state agencies in
the state,
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e. recommendations on the reall ocation of information
technology and telecommunication resources and
personnel,
f. a cost benefit analysis to support the recommendations
on the reallocation of information techn ology and
telecommunication resources and personnel,
g. 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 Management and
Enterprise Services, and
h. the information required in s ubsection B of Section
35.5 of this title.
3. The plan of action report Oklahoma IT 3-Year Strategic Plan
shall be presented to the Governor, Speaker of the House of
Representatives, and the President Pro Tempore of the State Senate
published annually on the Office of Management and Enterprise
Services Information Services website.
4. The Chief Information Officer may contract with a private
consultant or consultants to assis t in the assessment and
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development of the plan of action repor t as required in this
subsection.
E. The Chief Information Officer shall be authorized to requ ire
all state agencies, regardless of whether they subscribe to services
provided by the Informati on Services Division of the Office of
Management and Enterprise Services or not, to annually provide a
written three-year technology plan.
1. Each technology plan shall be submitted on a form to be
developed by the Chief Information Officer, and sh all include at a
minimum:
a. a description of the agency 's technology needs to meet
service delivery requirements,
b. an overview of the agency 's current technology
reference architecture,
c. any planned changes to the architecture ,
d. data protection and maintenance plans,
e. data retention policy,
f. a three-year budgetary forecast .
2. Each agency shall submit their annual technology plan to the
Chief Information Officer no later than the first day of August each
year.
3. The Chief Information Officer shall compile the plans of the
various agencies into one consolidated report and provide an
analysis of the plans and their alignment with the state's
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architecture and the Oklahoma IT 3-Year Strategic Plan. This
compiled report shall be provided to the State Governmental
Technology Applications Review Board no later th an the first day of
December each year.
F. 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 dir ect the work of the
personnel in performing the function and acco mplishing the purposes
of the Information Services Division of the Office of Management and
Enterprise Services.
F. G. The Information Services Division of the Office of
Management and Enter prise Services 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 f or information
technology and telecommunications for all state ag encies;
3. Direct the development and operation of a scalable
telecommunications i nfrastructure 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;
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5. Provide direction for the professional development of
information technology staff of state agencies and oversee the
professional development of t he staff of the Information Services
Division of the Office of Ma nagement and Enterprise Services;
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 i n support of enhanced
reliability, user service levels, and secur ity;
9. Direct the development, implementation, and management of
appropriate standards, policies and procedures to ensure the success
of state information technology and telecommunication i nitiatives;
10. Recruit, hire and transfer the required technica l staff in
the Information Services Division of the Office of Management and
Enterprise Services to support the services provided by the Division
and the execution of the strategic informatio n technology plan;.
The Chief Informatio n Officer shall be autho rized to require
Information Services employees, other OMES employees, and the
employees of agency contractors in positions that have access to
information and data protected by state and fed eral statute, to
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supply all information a nd documentation require d to complete a
criminal history record search by the Oklahoma State Bureau of
Investigation, as well as be fingerprinted for submission of the
fingerprints through the Oklahoma State Bureau of Investigation to
the Federal Bureau of Investigation for a nat ional criminal history
record check as defined in Section 150.9 of Title 74 of the Oklahoma
Statutes. The OMES Information Services Division shall be
responsible for receiving the results fo r both the criminal histor y
record search and th e national criminal history record check.
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 In formation Services Div ision 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, an d other important
information to customers of the Information Services Division of the
Office of Management and Enterprise Services and provide for agency
feedback and performance evaluation by customers of the Division;
14. Develop and implement training programs for state ag encies
using the shared services of the Information Services Division of
the Office of Management and Enterprise Services and recommend
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training programs to state agencies on information technology and
telecommunication systems, produ cts and procedures;
15. Provide counseling, performance evaluation, training,
motivation, discipline, and assign duties for employees of the
Information Services Division of the Office of Management and
Enterprise Services;
16. For all state agencies, ap prove the purchasing o f all
information technology and telecommunication services and approve
the purchase of any information technology 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 Software list located on
the Office of Management and Enterprise Services
website, or
b. a purchase over Five Thousand Dollar s ($5,000.00) and
less than or equal to Twenty-five Thousand Dollars
($25,000.00) if such product is purchased using a
state purchase card, the product is listed on an
information technology or telecommunications statewide
contract, and the product is list ed on either the
Approved Hardware or Approved Software list located on
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the Office of Management and Enterprise Services
website;
17. Develop and enforce an overall infrastructure architecture
strategy and associated roadmaps for desktop, network, server,
storage, and statewid e 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 Management and Enterprise Ser vices to be submitted to
the Legislature each year.
G. The State Governmental Technology Applications Review Board
shall provide ongoing oversight of the implementation of the plan of
action required in subsection D of this sectio n. Any proposed
amendments to the plan of acti on shall be approved by the Board
prior to adoption.
H. 1. The Chief Information Officer shall act as the
Information Technology and Telecommunications Purchasing Director
for all state agencies and shall be responsible for the proc urement
of all information technology and telecommunication software,
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hardware, equipment, peripheral devices, maintenance, consulting
services, high technology systems, and other related information
technology, data processing, te lecommunication and relat ed
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, hardwa re, 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 ren tal for all state
agencies. The procurement policies and procedures established by
the Chief Information Officer shall be consistent with The Oklahoma
Central Purchasing Act.
2. The Chief Information Officer, or any employee or a gent of
the Chief Information Officer acting wi thin the scope of delegated
authority, shall have the same power and authority regarding 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 S tate Purchasing Director 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 granted to the S tate Purchasing
Director pursuant to Section 85 .10 of Title 74 of the Oklahoma
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Statutes, include the power to designate financial or proprietary
information submitted by a bidder confidential and reject all
requests to disclose the information so designate d, if the Chief
Information Officer requires th e bidder to submit the financial or
proprietary information with a bid, proposal, or quotation.
I. The Information Services Division of the Office of
Management and Enterprise Services and the Chief Informati on Officer
shall be subject to The Oklahoma Central Purchasing Ac t 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 Competiti ve Bidding Act of
1974, the Oklahoma Lighting Energy Conservation Act and the Public
Building Construction and Planning Act when procuring data
processing, information technology, telecommuni cation, and related
peripherals and services and when constructin g 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 technolog y 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 b est interest of the
state. The Chief Inform ation Officer shall h ave authority to
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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 and to negot iate
consolidation contracts, enterprise ag reements and high technology
systems contracts in accordance with the procedures outlined in
Section 85.9D of Title 74 of the Oklahoma Statutes. Any contract
entered into by a state agency f or which the Chief Inf ormation
Officer has not acted as the Infor mation Technology and
Telecommunications Purchasing Director as required in this
subsection or subsection H of this section, shall be deemed to be
unenforceable and the Office of Management a nd Enterprise Services
shall not process any claim associated wit h the provisions thereof.
J. The Chief Information Officer shall establish, implem ent,
and enforce policies and procedure for the development and
procurement of an interoperable radio commun ications system for
state agencies. The Chief Information Office r shall work with local
governmental entities in developing the interoperable radio
communications system.
K. The Chief Information Officer shall develop and implement a
plan to utilize open source technology and products for th e
information technology an d telecommunication systems of all state
agencies.
L. All state agencies and auth orities of this state and all
officers and employees of those entities shall work and cooperate
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with and lend assistance to the Chief Informatio n Officer and the
Information Services Division of the Office of Management and
Enterprise Services and provide any and all information requested by
the Chief Information Officer.
M. The Chief Information Officer shall p repare an annual report
detailing the ongoing net saving attribut able to the reallocation
and consolidation of information technology and telecomm unication
resources and personnel and shall submit the report to the Governor,
the Speaker of the House of Rep resentatives, and the President Pro
Tempore of the Senate.
N. L. 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 o f 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 O klahoma
State System of Higher E ducation, the Oklahoma State Rege nts for
Higher Education and the telecommunications network known as OneNet.
O. M. As used in this section:
1. "High technology system " means advanced technological
equipment, software, com munication lines, and services f or the
processing, storing, and r etrieval of information by a state agency;
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2. "Consolidation contract" means a contract for several state
or public agencies for the purpose of purchasing information
technology and telecomm unication goods and services; an d
3. "Enterprise agreement " means an agreement for information
technology or telecommunication goods and services w ith a supplier
who manufactures, develops and designs products and provides
services that are used by one or more state agencies.
SECTION 2. AMENDATORY 62 O.S. 2021, Section 34.11.2, is
amended to read as follows:
Section 34.11.2 A. There is hereby established the Oklahoma
State Government 2.0 Initiative.
B. The State Governmental Te chnology Applications Review Boa rd
shall consider and ap prove a standardized social media policy for
use by state agencies, boards, commissions and public trusts having
the State of Oklahoma as a beneficiary.
C. The board Board shall establish open techno logy standards
and a schedule by which state agencies, boards, commissions and
public trusts having the State of Oklahoma as a beneficiary shall
utilize these standards to provide citizens with web -based
interactivity to state government services. Wheneve r possible these
standards shall match commonly used standards by other government
entities.
D. The board Board shall set a schedule by which state
agencies, boards, commissions and public trusts having the State of
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Oklahoma as a beneficiary shall publish and update convenience
information sets which shall be accessibl e through standardized
application programming interfaces and published in standardized
formats including but not limited to eXtensible Markup Language
(XML) and Comma Separated Value (CSV) f ormats. The board Board
shall establish application programming interface standards which
enable access to convenience information sets. The schedule shall
place an emphasis on first making accessible convenience information
sets most commonly requested in open records requests. A directory
and link to all available convenience information sets shall be
prominently featured on the portal system referenced in Section
34.24 of this title and if possible linked to the data.ok.gov web
portal.
E. The board Board may conduct events and contests t o provide
recognition of software application development provided that the
application being recognized utilizes standards established in this
section to the benefit of the citizens of Oklahoma.
F. The board Board shall establish an application process
through which applicants can request the scheduled implementation of
application programming interfaces, creation of open technology
standards and publication of convenience information sets pursuant
to the provisions of this section. Instructions regardin g the
application process s hall be prominently featured on the portal
system referenced in Section 34.24 of this title.
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G. State agencies, boards, commissions and public trusts having
the State of Oklahoma as a benefi ciary shall comply with the
policies, schedules and standards est ablished by this section.
H. The Board shall review the con solidated report of agency
three-year technology plans prov ided to it each year by the Chief
Information Officer. The Board shall incorporate its own analysis
into the report, highlighting deviat ions from industry best
practices and policies, schedules and sta ndards established by this
section. The complete report shall be presented to the Governor,
the Speaker of the Oklahoma House of Representatives, and the
President Pro Tempore of the Oklahoma State Senate no later than the
fifteenth day of January each year.
I. The board Board shall promulgate performance information
metrics and guidelines which shall be used to establish crite ria
which govern participa tion in the "State Government Employee
Performance Transparency Pilot Program". The board Board shall set
a schedule for the publication of performance information metrics
through the data.ok.gov website.
I. J. For the purposes of this section, "open technology
standards" are widely accepted standards and mechanisms for the web-
based connectivity and asynchronous communication between software
programs. "Application programming interface " is a standardized
interface enabling a s tandard form of connectivity bet ween
convenience information sets and software programs, "performance
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information metrics" are sets of information which reflect the
performance of state employees and state agencies, and "convenience
information sets" are sets of information which are sub ject to
public access under the Oklahoma Open Records Act and which do not
contain personally identifiable information.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMM ITTEE ON GOVERNMENT MODERNIZATION AND
TECHNOLOGY, dated 02/22/2023 - DO PASS, As Amended and Coauthored.