CHAPTER 128

FORMERLY

SENATE BILL NO. 129

AN ACT TO AMEND TITLES 11, 15, 16, 17 AND 29 OF THE DELAWARE CODE RELATING TO THE GENERAL POWERS AND DUTIES OF THE DELAWARE DEPARTMENT OF TECHNOLOGY AND INFORMATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend § 4336, Title 11 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 2. Amend § 2051, Title 15 of the Delaware Code, by striking the title of said section in its entirety and by substituting in lieu thereof the following:

“§ 2051. Appointment of voter registration coordinator -- Coordination among voter registration agencies, the Department of Elections, and the Department of Technology and Information.”

Section 3. Amend § 2051, Title 15 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 4. Amend § 10005, Title 16 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 5. Amend § 1603, Title 17 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 6. Amend § 7105, Title 29 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 7. Amend § 6404A, Title 29 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 8. Amend § 9101, Title 29 of the Delaware Code, by striking the words “Office of Information Services” as they appear therein and replacing them with the words “Department of Technology and Information”.

Section 9. Amend § 6528(e), Title 29 of the Delaware Code, by striking the section in its entirety and by substituting in lieu thereof the following:

“(e) The provisions of subsection (d) of this section are waived with respect to the Department of Technology and Information. Requests from the Secretary of the Department of Technology and Information for transfer of unexpended funds appropriated to personnel costs to ‘contractual services -- equipment rental’ may be made upon approval of the Budget Director and the Controller General.”

Section 10. Amend Chapter 63, Title 29 of the Delaware Code, by striking §§ 6351 through 6360 thereof in their entirety.

Section 11. Amend Title 29 of the Delaware Code by striking Chapter 90C thereof in its entirety and by substituting in lieu thereof the following:

“Chapter 90C – Department of Technology and Information.

§ 9001C. Intent and Purpose.

The General Assembly finds and declares that the way it manages information technology will play a strong role in determining the future success of the State. Information technology resources in state government are valuable strategic assets belonging to the citizens of Delaware and must be managed accordingly. The development and implementation of a single, common, statewide technology direction is fundamental to every aspect of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware. The General Assembly further finds and declares that the creation of a new Department will best support the State in this endeavor to unify its technology strategy while identifying those solutions which will best improve service delivery to the citizens of Delaware.

§ 9002C. Establishment of the Department of Technology and Information.

A Department of Technology and Information is established to replace the Office of Information Services within the Executive Department, and shall have the powers, duties and functions vested in the Department by this chapter.

§ 9003C. Definitions.

For the purposes of this chapter:

(1) ‘CIO’ means Chief Information Officer of the State of Delaware.

(2) ‘State’ means State of Delaware.

(3) ‘Council’ means Technology Investment Council.

(4) ‘Department’ means the Department of Technology and Information.

(5) ‘Technology’ means computing and telecommunications systems, their supporting infrastructure, and interconnectivity used to acquire, transport, process, analyze, store, and disseminate information or data electronically. The term ‘technology’ includes systems and equipment associated with e-government and Internet initiatives.

§ 9004C. General Powers, Duties and Functions of the Department.

The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions:

(1) The powers and duties described in Section 9001C;

(2) Implement statewide and interagency technology solutions, policies, standards, and guidelines as recommended by the Technology Investment Council on an ongoing basis and the CIO, including, but not limited to, statewide technology and information architectures, statewide information technology plans, development life cycle methodologies, transport facilities, communications protocols, data and information sharing considerations, the technique of obtaining grants involving the State's informational resources and the overall coordination of information technology efforts undertaken by and between the various State agencies;

(3) Provide operations and production support to ensure the efficient and reliable operation of the State's computer and telecommunications network;

(4) Provide technical support and assistance to maintain control programs for computer operations, program development, telecommunications network operation and data base management;

(5) Evaluate the performance of technology systems and equipment;

(6) Provide analytical and programming support to maintain and upgrade existing technology systems, applications and programs;

(7) Provide facilities management of certain informational facilities, including certain office-support informational centers;

(8) Make studies of all facets of data/voice/image processing, word processing, computer and computer-related telecommunications, voice and radio telecommunications in State government, and systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including review of systems and equipment installed or to be installed or of changes or additions in or to equipment in any or all of the various State agencies, regardless of size or of the method or source of funding;

(9) Responsibility for the development and coordination of new technology-based management or productivity improvement programs, along with the responsibility to establish statewide information systems and technology priorities for purposes of budgetary funding reviews by the Budget Director;

(10) Promote cooperation between the several State agencies, departments and institutions in order that work may be done by one agency for another agency and equipment and/or technical personnel in one agency may be made available to another agency, and promote such improvements as may be necessary in joint or cooperative data processing operations. The Chief Information Officer is authorized to purchase, lease or rent data processing equipment in the name of the Department of Technology and Information and to operate the equipment in providing services to one or more State agencies, departments and institutions. When, in the opinion of the Chief Information Officer, better and more efficient data processing services can be performed, the Department may enter into lease or purchase agreements in the acquiring or the use of any data processing equipment and use such equipment in a consolidated or cooperative program. When the Department acts as a cooperative or consolidated data processing operating agency, the cost of the operation shall be prorated among the State agencies utilizing the data processing services provided thereby. The Chief Information Officer shall decide on the number of data processing centers, including the size of each, and shall be empowered to pick the site or sites for the centers and the controlling agency;

(11) Any consolidated or cooperative plan approved by the Chief Information Officer shall be given effect. The Technology Investment Council shall adjudicate disputes in all matters pertaining to the division of cost of data processing operations among the several agencies, and shall resolve differences with respect to data sharing and access privileges among and between using/owning agencies. The Department of Technology and Information shall maintain as a paramount consideration the successful internal organization and duties of the several agencies so that efficiency existing in the agencies shall not be adversely affected or impaired by the decisions that are made; and,

(12) Provide consulting services to client agencies including, but not limited to, information technology planning, program budget planning for information technology initiatives, expertise in systems development life cycle methods, and access to technical information on emerging technologies.

(13) Provide staff support to the Technology Investment Council.

(14) Perform policies and procedures as directed by the CIO.

§ 9005C. Communications powers, duties and functions.

(a) To provide for the development of an efficient and reliable communications system for joint use by departments, agencies and subdivisions of state government and effect maximum practical consolidation and joint use of existing and future communications facilities, equipment and services owned or used by the State and generally to obtain maximum practical economies by centralized coordination and budgetary control of all communications functions and activities of state government, the Department of Technology and Information shall:

(1) Approve and authorize all state government communications activities in accordance with this subchapter. The management control of and accountability for the use and operation of communications activities shall be a function of the using agency subject to the policies and intent of this subchapter. Expenditure of any funds, regardless of source, for unauthorized communications activities of any kind, by any agency, for any reason, or for communications activities not in compliance with the policies and intent of this subchapter shall be a violation of law punishable under the applicable statutes or regulations;

(2) Develop, coordinate, publish and administer a comprehensive State communications plan which shall provide for the maximum practical consolidation and joint use of existing and future communications systems, facilities, equipment and services by state government;

(3) Develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting communications requirements of state government;

(4) Develop, coordinate, publish and administer policies and procedures for the use of communications facilities and services by state government;

(5) Design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of communications systems, facilities, equipment and services for state government in accordance with the determinations directed by this subchapter;

(6) Apply for, receive and hold, or, if appropriate, assist agencies in applying for, receiving and holding such authorizations, licenses, permits and allocations of channels and frequencies as are necessary to carry out the purpose of this subchapter;

(7) Perform periodic audits of the communications facilities and activities of State agencies to ensure compliance with the policy and intent of this subchapter, and other applicable laws and regulations; and

(8) Perform such other duties in connection with the communications activities of the state government as may be directed by the Governor, or the General Assembly, or as may be required by existing or future state or federal statute.

(9) Develop, coordinate, publish and administer policies and procedures for the submission of a communications budget, which shall include all requirements of state government, including identification of detailed requirements by agency;

(10) Require that all state government agencies having communications requirements shall cooperate with and assist in the preparation of the communications budget; and

(11) Provide for emergency or unplanned communications requirements by presenting a detailed program item in a supplemental budget request. Justification for the budget request shall be the responsibility of the agency having such emergency or unplanned requirements.

(b) In addition to those communications powers, duties and function enumerated above, the Department shall:

(1) Cause a statewide telecommunications plan to be created, implemented and maintained;

(2) Monitor and control the execution of said plan;

(3) Review and approve all agency plans, and shall advise the Chief Information Officer and the Budget Director regarding budget requests and acquisitions, involving any telecommunications resources and activities;

(4) Report on status to the Technology Investment Council, as is required;

(5) Provide technical assistance and consultation to State agencies with regard to meeting agency needs for telecommunications goods and services;

(6) Coordinate telecommunications plans and activities with related statewide information technology functions; and

(7) Establish and promulgate standards, policies, guidelines and procedures concerning the development, implementation, acquisition and use of the State's communications facilities and assets.

§ 9006C. Requirements for Agency Technology Projects

(a) Within guidelines established by the Department of Technology and Information, no new technology project may be initiated by any department or agency unless covered by a formal project plan approved by the Department or agency head. Such plan will be in the form prescribed by the Chief Information Officer, but shall include in any case:

(1) A statement of work to be done, existing work to be modified or displaced;

(2) Total cost of system development and conversion effort including, but not limited to, systems analysis and programming costs, establishment of master files, testing, documentation, special equipment costs and all other costs, including full overhead;

(3) Savings or added operating costs that will result after conversion;

(4) Other advantages or reasons that justify the work;

(5) Source of funding of the work, including ongoing costs;

(6) Conformance with formal (or abbreviated, where applicable) information systems planning methodologies;

(7) Consideration of shared applications and data elements/bases;

(8) Consistency with budget submissions and planning components thereof; and

(9) Whether or not work is within scope of projects or initiatives envisioned when the current fiscal year budget was approved.

(b) No project is to be undertaken which is beyond the scope of work funded by the General Fund or a special fund. This paragraph applies to all telecommunications or computer or computer-related systems development performed by the Department of Technology and Information, a department or agency itself, or an outside contractor, and also applies to new technology programs or systems purchased or otherwise acquired and placed in use.

(c) All projects are to be signed by the Chief Information Officer and the concerned department or agency head, or their designees, before work is begun, except such relatively minor feasibility work required to prepare the project. Copies of all projects are to be provided to the Controller General and the Budget Director, who shall ensure that the Department of Technology and Information is included in reviews of agency information systems and technology tactical plans and technology budget requests. Within constraints established by the Budget Director and the Controller General, the Department of Technology and Information will provide an analysis of the technical feasibility, consistent with statewide technology strategy, and completeness and reasonableness of projected costs to develop and operate all agency projects submitted through the annual budget process. In support of all projects executed between the Department of Technology and Information and the concerned department or agency, the Department of Technology and Information shall provide or maintain staff support to the benefiting department or agency at the projected level of effort until the project work has been accomplished.

(d) Management control and policy direction over all aspects of computerized data requirements definition, data acquisition, data storage and dissemination, data retention and data retirement standards shall be the sole province of the Department of Technology and Information.

(e) The creation and maintenance of statewide data dictionary in which each element of data is defined, collection responsibilities are affixed, and data access by legitimate users clearly defined, shall likewise be the responsibility of the Department of Technology and Information.

(f) To those ends, no agency shall:

(1) Claim unreasonable proprietary ownership of public domain information needed by another agency in the performance of its lawful duties, except as specifically excluded by law; or

(2) Create a computerized database outside of guidelines established by the Department of Technology and Information.

§ 9007C. Chief Information Officer.

(a) The Administrator of the Department shall be the State’s Chief Information Officer. The CIO shall be appointed by the Governor, with the advice and consent of the Senate, shall serve at the pleasure of the Governor, and receive a salary to be determined by the Governor and specified in the annual Operating Budget.

(b) In the event of a vacancy in the position of CIO, including the death, resignation, temporary incapacity, or removal of the CIO, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting CIO.

§ 9008C. Powers, Duties and Functions of the CIO.

The following shall be the responsibilities and functions of the CIO:

(1) To act as the head administrator of the Department and to ensure that Department carries out all of its statutory duties.

(2) To act as the Governor’s chief adviser on issues relating to technology;

(3) To serve as the Cabinet level executive for both the Department of Technology and Information;

(4) To develop partnerships with State agencies in executing agreed upon technology strategies, plans, and projects by ensuring the timely delivery of quality technology solutions, products, and services on a cost effective basis, including setting and maintaining appropriate standards and managing relationships with, and the performance of, selected third party technology vendors; and,

(5) To build, develop, motivate, and retain a high performing team of technology professionals that will enable the State of Delaware to achieve its technology vision, strategies, and specific performance objectives.

(6) Supervise, direct and account for the administration and operation of the Department of Technology and Information and its subsections, facilities, functions and employees;

(7) Appoint personnel as may be necessary for the administration and operation of the Department of Technology and Information within such limitations as may be imposed by law;

(8) Establish, consolidate or abolish such sections within the Department of Technology and Information or transfer or combine the powers, duties and functions of the subsections within the Department of Technology and Information as the Chief Information Officer, with the approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned by law to the Department of Technology and Information shall be provided for and maintained;

(9) Make and enter into any and all contracts, agreements or stipulations for equipment, facilities and support services, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities from public and private agencies in this State and other states, whenever the same shall be deemed by the Chief Information Officer to be necessary in the performance of the functions of the Department of Technology and Information; and necessary legal services shall be provided pursuant to Chapter 25 of this title;

(10) Delegate any of the Chief Information Officer's powers, duties or functions to a manager, except the power to remove employees of the Department of Technology and Information or to determine their compensation;

(11) Establish and promulgate such rules and regulations governing the services and programs of the Department of Technology and Information and such other rules and regulations governing the administration and operation of the Department of Technology and Information as may be deemed necessary by the Chief Information Officer and which are not inconsistent with the federal and state law;

(12) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department of Technology and Information;

(13) Prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Budget Director, the Governor and the General Assembly as directed under this chapter;

(14) Coordinate the activities of the Department of Technology and Information with those of other State departments and agencies concerned with the services provided;

(15) Have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Department of Technology and Information and implement the purposes of this subchapter.

§ 9009C. Budgeting and financing.

The Chief Information Officer, in compliance with § 9008C (m) of this Chapter, in cooperation with the internal program managers and office administrators, shall prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Budget Director, the Governor and the General Assembly. The Department of Technology and Information shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

§ 9010C. Exemptions from the Merit System.

(a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this Title.

(b) The CIO, with the advice of the State Personnel Director, shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Budget Director and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization consistent with the recommendations of the Information Services Task Force. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State.

§ 9011C. Transitional Provisions.

(a) Vacant positions in the Office of Information Services (OIS) may be transferred to DTI upon approval of the Controller General and the Budget Director. Upon transfer, those positions shall become exempt from Chapter 59 of this Title.

(b) Any employee still occupying a Merit System position in the Office of Information Services on June 30, 2003, will be given all rights and provisions of Chapter 59 of this Title with regard to the rules created pursuant to re-employment within the state. Effective July 1, 2003, all positions formally associated with OIS will cease to exist.

(c) All contracts and obligations of any agency made or undertaken in the performance of a function assigned by this Chapter to the Department and being in force shall, notwithstanding this Chapter, remain in full force and effect and be performed by the Department at the discretion of the CIO.

§ 9012C. Information Coordination.

To assist the Technology Investment Council in fulfilling its duties, each state agency shall name an individual to act as that agency's "information resource manager" or "coordinator." It is the intent of this section that such coordinators will act as the primary points of contact for appropriate communications between the Technology Investment Council and the agency. It is further intended that the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General and other elective offices similarly assign such a coordinator.

§ 9013C. Technology Investment Council.

(a) There is hereby established a Technology Investment Council hereinafter referred to as the “Council”. The Council shall consist of nine members, appointed by the Governor, as follows:

(1) the Chief Information Officer, who shall serve as Chair of the Council;

(2) the Chief Justice of the Supreme Court;

(3) the Controller General;

(4) the Secretary of Education; and

(5) five members selected to serve at the discretion of the Governor.

(b) Designees may be recommended by members of the Council and shall be approved by the Governor.

§ 9014C. Duties of the Technology Investment Council

The duties of the Council are as follows:

(1) Adopt policies and procedures used to develop, review, and annually update a statewide technology plan and provide it to the Governor and the Budget Director.

(6) By October 1, 2001, and each October 1 thereafter, the Council shall provide the Governor and the Budget Director with a statewide technology plan. The plan shall discuss the State’s overall technology needs over a multi-year period and the potential budgetary implications of meeting those needs.

(7) By November 15th of each year, the Council shall make recommendations to the Budget Director regarding the funding of technology for the coming fiscal year. Prior to making its recommendations to the Budget Director, the Council shall confer with the Budget Director regarding the demands placed upon the state budget by non-technology funding needs.

(8) Forward funding recommendations made pursuant to subsection (c) of this section to the Governor in their entirety.

(9) Enforce active project management, review the progress of current projects to determine if they are on budget and have met their project milestones, and when necessary, recommend the termination of projects.

(10) Develop minimum technical standards, guidelines, and architectures as required for state technology projects.

(11) Identify opportunities to leverage expertise in strategically important areas of information technology by partnering with private sector entities. Such opportunities shall be clearly set forth in the statewide technology plan called for in subsection (b) of this Section.

§ 9015C. Misnomer of Department.

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

§ 9016C. Supremacy.

All other laws or parts of laws now in effect inconsistent with this Chapter are hereby repealed, superseded, modified, or amended so far as necessary to conform to and give full force and effect to this Chapter.”

Section 12. This Act shall become effective July 1, 2003.

Approved July 11, 2003