A. 2484 2
5. "Technology" means a good, service, or good and service that
results in a digital, electronic or similar technical method of achiev-
ing a practical purpose or in improvements in productivity, including
but not limited to information management, equipment, software, operat-
ing systems, interface systems, interconnected systems, telecommuni-
cations, data management, VOICE AND DATA networks, and network manage-
ment, consulting, supplies, facilities, ANCILLARY PRODUCTS AND SERVICES,
maintenance [and], SUPPORT, PROGRAMMING, PROJECT MANAGEMENT, training
AND ANY OTHER RELATED GOODS AND SERVICES.
6. "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, LOCAL PUBLIC BENE-
FIT CORPORATIONS OR OTHER MUNICIPAL CORPORATION OR POLITICAL SUBDIVISION
OF THE STATE.
7. "INFORMATION TECHNOLOGY WORKFORCE" SHALL INCLUDE BOTH EMPLOYEES OF
THE STATE AGENCIES AND ANY WORKERS EMPLOYED BY A PRIVATE VENDOR WHO ARE
UNDER CONTRACT TO PERFORM WORK FOR THE STATE AGENCY.
S 3. Section 102 of the state technology law, as added by chapter 430
of the laws of 1997 and as renumbered by chapter 437 of the laws of
2004, is amended to read as follows:
S 102. Office [for technology; director] OF THE CHIEF INFORMATION
OFFICER; HEAD, organization and employees. 1. The office [for technolo-
gy] OF THE CHIEF INFORMATION OFFICER is hereby created within the execu-
tive department to have and exercise the functions, powers and duties
provided by the provisions of this article and any other provision of
law.
2. The head of the office shall be the [director of the office, who
shall serve as the chief technology officer for the state of New York
and shall be designated as management confidential in the noncompetitive
class in accordance with the civil service law. The director] CHIEF
INFORMATION OFFICER, WHO shall be the chief executive [officer] of and
in sole charge of the administration of the office. The [director] CHIEF
INFORMATION OFFICER shall be entitled to receive reimbursement for
expenses actually and necessarily incurred by him or her in the perform-
ance of his or her duties.
3. The [director] CHIEF INFORMATION OFFICER may, from time to time,
create, abolish, transfer and consolidate bureaus and other units within
the office not expressly established by law as he or she may determine
necessary for the efficient operation of the office, subject to the
approval of the director of the budget.
4. The [director] CHIEF INFORMATION OFFICER may appoint, in accordance
with the civil service law, such deputies, assistants, and other offi-
cers and employees, committees and consultants as he or she may deem
necessary, prescribe their powers and duties, fix their compensation,
and provide for reimbursement of their expenses within the amounts
appropriated therefor. THE CHIEF INFORMATION OFFICER MAY APPOINT WORK
GROUPS, COMMITTEES, COUNCILS, TASK FORCES OR OTHER SUCH ENTITIES NECES-
SARY TO CARRY OUT THE FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
5. The [director] CHIEF INFORMATION OFFICER may request and receive
from any [department, division, board, bureau, commission or other agen-
cy of the state] STATE AGENCY or any [political subdivision thereof or
any public authority, staff and other] LOCAL GOVERNMENT, assistance,
information, and resources as will enable the office to properly carry
out its functions, powers and duties.
6. THE CHIEF INFORMATION OFFICER SHALL, AMONG OTHER DUTIES:
A. 2484 3
(A) OVERSEE, DIRECT AND COORDINATE THE ESTABLISHMENT OF INFORMATION
TECHNOLOGY PLANS, POLICIES, PROCEDURES, PROTOCOLS AND STANDARDS FOR
STATE GOVERNMENT, INCLUDING HARDWARE, SOFTWARE, SERVICES AND OPERATIONS;
(B) OVERSEE AND COORDINATE THE DEVELOPMENT, ACQUISITION, DEPLOYMENT
AND MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES FOR STATE GOVERNMENT;
(C) COORDINATE AND FACILITATE INFORMATION SHARING BETWEEN AND AMONG
STATE GOVERNMENT, LOCAL GOVERNMENTS, OTHER STATES, THE FEDERAL GOVERN-
MENT, OTHER TECHNOLOGY-RELATED PUBLIC AND PRIVATE ENTITIES AND INSTI-
TUTIONS OF HIGHER LEARNING TO PROMOTE THE USE AND DEPLOYMENT OF INFORMA-
TION TECHNOLOGY THAT WILL IMPROVE THE DELIVERY OF GOVERNMENT SERVICES;
(D) WORK WITH STATE GOVERNMENT, LOCAL GOVERNMENTS, THE FEDERAL GOVERN-
MENT, OTHER TECHNOLOGY-RELATED PUBLIC AND PRIVATE ENTITIES, INSTITUTIONS
OF HIGHER LEARNING AND PRIVATE ENTERPRISES TO FURTHER THE STATE'S ENTER-
PRISE STRATEGIC TECHNOLOGY PLAN;
(E) DEVELOP STRATEGIES TO IMPROVE THE STATE WORKFORCE'S ABILITY TO
EMPLOY NEEDED INFORMATION TECHNOLOGIES, AND OVERSEE AND COORDINATE THE
IMPLEMENTATION OF SUCH STRATEGIES; AND
(F) DEVELOP, IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, EDUCATION DEPARTMENT, DEPARTMENT OF LABOR, DEPARTMENT OF STATE,
DEPARTMENT OF PUBLIC SERVICE AND OTHER STATE AGENCIES, PUBLIC AUTHORI-
TIES, LOCAL GOVERNMENTS, FEDERAL GOVERNMENT, PUBLIC AND PRIVATE EDUCA-
TIONAL INSTITUTIONS, AND OTHER PUBLIC AND PRIVATE ENTITIES, OPPORTU-
NITIES FOR CITIZENS, BUSINESSES AND COMMUNITIES ACROSS THE STATE THROUGH
THE USE OF INFORMATION TECHNOLOGY FOR WORKFORCE DEVELOPMENT AND TO
ENHANCE EDUCATIONAL AND ECONOMIC OPPORTUNITIES.
7. ALL REFERENCES IN LAW AND REGULATION TO THE OFFICE FOR TECHNOLOGY
AND THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY SHALL BE DEEMED TO BE
REFERENCES TO THE OFFICE OF THE CHIEF INFORMATION OFFICER AND THE CHIEF
INFORMATION OFFICER, RESPECTIVELY.
8. THE OFFICE OF THE CHIEF INFORMATION OFFICER SHALL, ON THE EFFECTIVE
DATE OF THIS ACT, BE AUTOMATICALLY AND WITHOUT FURTHER PROCESS CONSID-
ERED A SUCCESSOR IN INTEREST TO, AND ASSUME ALL RIGHTS AND RESPONSIBIL-
ITIES OF, THE OFFICE FOR TECHNOLOGY UNDER ANY CONTRACTS, SERVICE LEVEL
AGREEMENTS, SITE LICENSE AGREEMENTS, LEASES, PERMITS, MEMORANDA OF
UNDERSTANDING, AND ALL OTHER SUCH DOCUMENTS, AS WELL AS ANY LEAD AGENCY
DESIGNATIONS UNDER, BUT NOT LIMITED TO, THE STATE ENVIRONMENTAL QUALITY
REVIEW ACT.
S 4. Section 103 of the state technology law, as added by chapter 430
of the laws of 1997, subdivisions 12, 12-a and 12-b as added by section
1 of part B of chapter 56 of the laws of 2000, subdivision 17 as added
by chapter 4 of the laws of 1999 and such section as renumbered by chap-
ter 437 of the laws of 2004, is amended to read as follows:
S 103. Functions, powers and duties of the office. The office shall
have the following functions, powers and duties:
1. To act as the official state planning and coordinating office for
the advancement of technology to improve government efficiency and
effectiveness, and perform all necessary and appropriate services
required to fulfill these duties;
2. To advise and assist [the] state agencies in developing STRATEGIC
AND OPERATIONAL policies, plans and programs for improving the statewide
coordination, administration, [security,] confidentiality, program
effectiveness, acquisition and deployment of [technology] TECHNOLOGIES
WHICH ALIGN THE POLICIES AND STRATEGIES DEVELOPED BY THE OFFICE;
3. To perform technology reviews and make recommendations for improv-
ing management and program effectiveness pertaining to technology ACQUI-
SITION, DEPLOYMENT AND OPERATIONS;
A. 2484 4
4. To review and coordinate the purchase of technology by state agen-
cies AS SET FORTH IN POLICIES AND PROCEDURES FOR PLANS TO PROCURE TECH-
NOLOGY. Where applicable, such review shall include but not be limited
to: assessing consistency with the statewide strategic technology plan
and agency technology [plan] PLANS; statewide technology standards; the
safeguarding of information privacy[; security] of confidential records;
[and] proper dissemination of public information; AND DISASTER RECOVERY
PLANNING;
5. To establish, oversee, manage, coordinate and facilitate the plan-
ning, design [and], implementation, DEVELOPMENT AND USE of the state's
common technology networks;
6. To undertake research, studies and analyses, and act as a central
repository, clearinghouse and disseminator of research studies, with
respect to technology;
7. To facilitate and coordinate the improvement of program delivery
services through technology with and among other departments, divisions
and agencies of the state, AND its [political subdivisions and munici-
palities] LOCAL GOVERNMENTS;
7-A. TO PROVIDE TECHNOLOGY SERVICES, WHEN REQUESTED TO (A) STATE AGEN-
CIES, (B) LOCAL GOVERNMENTS, (C) PRIVATE ENTITIES TO THE EXTENT NOT
OTHERWISE PROHIBITED BY LAW AND (D) ANY OTHER BRANCHES OF STATE GOVERN-
MENT;
8. To encourage and foster the exchange of and increase access to
information within and among STATE AGENCIES, LOCAL GOVERNMENTS, THE
FEDERAL GOVERNMENT, public and private entities and individuals AND
INSTITUTIONS OF HIGHER LEARNING in order to improve the delivery of
state programs and services of the state;
9. To undertake technology projects with a statewide or multi-agency
impact and, where appropriate, designate agencies to act as lead agency
for the project;
10. To establish statewide [technology policies, including but not
limited to preferred technology standards and security] POLICIES, STAND-
ARDS AND PROGRAMS CONCERNING THE IMPLEMENTATION AND OPERATIONS OF TECH-
NOLOGY ACROSS THE STATE ENTERPRISE INCLUDING LOCAL GOVERNMENTS, AND TO
PROVIDE FOR THE SECURITY OF STATE INFORMATION TECHNOLOGY ASSETS MANAGED
BY THE OFFICE IN ACCORDANCE WITH POLICIES, PROTOCOLS AND PROCEDURES
ESTABLISHED BY THE OFFICE OF CYBER SECURITY AND CRITICAL INFRASTRUCTURE
COORDINATION WHEN APPLICABLE;
11. To adopt, amend, or rescind rules and regulations necessary or
convenient to the performance of the functions, powers and duties of the
office pursuant to the state administrative procedure act;
12. [To complete a comprehensive study of existing state information
resource technology infrastructure to the extent that the information is
available.
Such study shall include, but not be limited to, inventories of:
(a) state operations' computer hardware and software;
(b) major physical infrastructures supporting existing operations,
including power, air conditioning, space and other environmental needs;
(c) the telecommunications and other networks supporting existing
operations;
(d) personnel associated with existing operations and management;
(e) expected retirement schedule of existing computer hardware and
software and replacement costs; and
(f) data processing consulting and contracting services utilized.
Such study shall be completed and submitted to the governor, the
temporary president of the senate and the speaker of the assembly on or
A. 2484 5
before October first, two thousand two. The office shall provide interim
reports on October first, two thousand and October first, two thousand
one.
12-a.] To develop:
(a) a methodology to ascertain how much the state spends on technology
goods and services;
(b) a process to PERIODICALLY update the STATEWIDE computer hardware
and software inventory [periodically], TO BE CONDUCTED AT LEAST ONCE
EVERY THREE YEARS COMMENCING FROM THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED THIS PARAGRAPH;
(c) a methodology to determine the expected life-cycle of state oper-
ations' computer hardware and software which shall include the total
cost of ownership; and
(d) formal BUSINESS CONTINUITY AND disaster recovery plans for the
state data center FACILITIES, INCLUDING THE ENTERPRISE TECHNOLOGY
CENTER, and statewide [network] VOICE AND DATA, WIRED OR WIRELESS
NETWORKS, NY e-net, FUTURE NETWORKS AND DATA CENTERS OR COMPUTING OPER-
ATIONS AND SERVICES OF ANY SIZE AND TYPE; such plans shall be confiden-
tial.
Such developments shall be completed and submitted to the governor,
the temporary president of the senate and the speaker of the assembly on
[or before October first, two thousand three] A PERIODIC BASIS AS
UPDATES ARE REQUESTED OR REQUIRED.
[12-b.] 12-A. To request and shall receive from any department, divi-
sion, board, commission or other agency of the state any information and
resources necessary to carry out the responsibilities and provisions set
forth in [subdivisions] SUBDIVISION twelve [and twelve-a] of this
section.
13. To establish a multi-year statewide [strategy] ENTERPRISE STRATE-
GIC plan covering a time period of not less than three years to promote
and coordinate interagency AND INTERGOVERNMENTAL technology efforts and
initiatives that conform to the state's overarching programmatic [poli-
cy] STRATEGIC PRIORITIES AND POLICIES, under which state agencies shall
develop their information TECHNOLOGY resource management STRATEGIES AND
OPERATIONAL plans AS SUBPLANS TO THE STATE'S ENTERPRISE STRATEGIC PLAN.
Such [plan] SUBPLANS shall be ADDENDA TO THE STATE'S ENTERPRISE STRATE-
GIC PLAN, AND THE PLAN SHALL BE submitted to the governor, the temporary
president of the senate and the speaker of the assembly upon completion
on or before October first, two thousand. Such plan shall be updated as
needed, but not less than once every three years;
14. To coordinate state budget submission to address known year two
thousand conversion issues;
15. To conduct selective evaluations of technology activities in state
agencies; [and]
16. To perform such acts, directly or by other means, as are necessary
or convenient to carry out the office's functions, powers and duties[.];
17. To enter into contracts with any person, firm, corporation, not-
for-profit corporation, [political subdivision of the state,] or govern-
mental entity[.];
18. TO ESTABLISH A NEW YORK STATE WEB PORTAL AND APPROPRIATE ELECTRON-
IC GOVERNMENT POLICIES TO ENSURE THE MOST EFFECTIVE USE OF INTERNET
TECHNOLOGY TO IMPROVE SERVICE TO CITIZENS, BUSINESSES AND VISITORS TO
THE STATE; AND
19. TO OVERSEE AND COORDINATE THE DEPLOYMENT OF BROADBAND INTERNET
ACCESS AROUND THE STATE.
A. 2484 6
S 5. Sections 104 and 105 of the state technology law are REPEALED and
a new section 104 is added to read as follows:
S 104. STATEWIDE TECHNOLOGY PLANNING AND OVERSIGHT. 1. (A) THE OFFICE,
IN CONJUNCTION WITH THE DIVISION OF THE BUDGET, SHALL HAVE THE RESPONSI-
BILITY TO REVIEW, ON NO LESS THAN AN ANNUAL BASIS, THE TECHNOLOGY PLANS
AND USAGE OF ALL STATE AGENCIES, AS DEFINED IN SECTION ONE HUNDRED ONE
OF THIS ARTICLE, FOR COMPLIANCE WITH THE STATEWIDE ENTERPRISE INFORMA-
TION TECHNOLOGY STRATEGIC PLAN AND ANY OTHER STATEWIDE TECHNOLOGY POLICY
SET BY THE OFFICE. THE OFFICE SHALL HAVE THE AUTHORITY TO REQUIRE STATE
AGENCIES TO PROVIDE ANY ASSISTANCE AND INFORMATION REGARDING TECHNOLOGY
PLANS AND STRATEGIES (INCLUDING PLANNED FUTURE INITIATIVES), TECHNOLOGY
UTILIZATION AND DISTRIBUTION OF RESOURCES WITHIN THE STATE AGENCY, TECH-
NOLOGY PROCUREMENT AND MANAGEMENT OF THE INFORMATION TECHNOLOGY WORK-
FORCE NECESSARY OR USEFUL TO EVALUATING SUCH COMPLIANCE.
(B) AS PART OF THIS ANNUAL REVIEW, THE OFFICE SHALL BE RESPONSIBLE FOR
REVIEWING THE MANAGEMENT OF THE INFORMATION TECHNOLOGY WORKFORCE IN EACH
STATE AGENCY, INCLUDING IDENTIFYING THE FULL NUMBER, VALUE, AND PROVIDED
SERVICES OF OUTSIDE CONTRACTS FOR TECHNOLOGY SERVICES; THE FULL NUMBER,
PERSONAL SERVICE COST, AND PROVIDED SERVICES OF PUBLIC EMPLOYEES WITHIN
THE STATE AGENCY PROVIDING TECHNOLOGY SERVICES; A LISTING OF THE INTER-
NAL AND EXTERNAL TRAINING OPPORTUNITIES AND FUNDING FOR TECHNOLOGY
STAFF, AND THE EXTENT TO WHICH IT WAS UTILIZED; AND A LISTING AND
DESCRIPTION OF ALL KNOWLEDGE TRANSFER PROVISIONS BETWEEN OUTSIDE VENDORS
AND STATE EMPLOYEES, AND AN EVALUATION OF WHETHER THOSE PROVISIONS WERE
MET.
2. ANY STATE AGENCY THAT INITIATES A PLAN TO PROCURE TECHNOLOGY OR
TECHNOLOGY-RELATED SERVICES OF MORE THAN ONE HUNDRED THOUSAND DOLLARS IN
VALUE MUST NOTIFY THE OFFICE AT THE TIME WHEN THE SCOPE OF SUCH PROCURE-
MENT IS FIRST DEFINED AND INTERNAL PROCUREMENT DEVELOPMENT IS INITIATED.
THE OFFICE, IN CONJUNCTION WITH THE DIVISION OF THE BUDGET, SHALL HAVE
THE RESPONSIBILITY TO REVIEW ANY SUCH PROCUREMENT FOR CONSISTENCY WITH
THE STATEWIDE ENTERPRISE INFORMATION TECHNOLOGY STRATEGIC PLAN, THE MOST
RECENT TECHNOLOGY PLAN SUBMITTED BY THE STATE AGENCY TO THE OFFICE, AND
ANY OTHER STATEWIDE TECHNOLOGY POLICY SET BY THE OFFICE. IN ADDITION,
THE OFFICE SHALL REVIEW THE PROCUREMENT IN THE CONTEXT OF OTHER TECHNOL-
OGY PROCUREMENTS IN ORDER TO IDENTIFY ANY OPPORTUNITIES TO UTILIZE
CENTRALIZED OR ENTERPRISE CONTRACT VEHICLES OR AGGREGATE TECHNOLOGY
PURCHASES FROM DISPARATE STATE AGENCIES WHERE APPROPRIATE.
S 6. The state technology law is amended by adding a new article 5 to
read as follows:
ARTICLE V
INFORMATION TECHNOLOGY GOVERNANCE
SECTION 501. ENTERPRISE EXECUTIVE GOVERNANCE BOARD.
502. INFORMATION TECHNOLOGY INVESTMENT BOARD.
S 501. ENTERPRISE EXECUTIVE GOVERNANCE BOARD. 1. THERE IS HEREBY
ESTABLISHED AN ENTERPRISE EXECUTIVE GOVERNANCE BOARD TO OVERSEE TECHNOL-
OGY POLICY IN THE STATE. THE BOARD SHALL BE COMPOSED OF NINE MEMBERS OR
THEIR DESIGNEES: THE DIRECTOR OF STATE OPERATIONS, WHO SHALL SERVE AS
THE CHAIR, THE ATTORNEY GENERAL, THE STATE COMPTROLLER, THE CHANCELLOR
OF THE STATE UNIVERSITY OF NEW YORK, ONE APPOINTEE BY THE SPEAKER OF THE
ASSEMBLY, ONE APPOINTEE BY THE TEMPORARY PRESIDENT OF THE SENATE AND
THREE APPOINTEES BY THE GOVERNOR. THE GOVERNOR'S APPOINTMENTS SHALL BE
SELECTED FROM THE COMMISSIONERS OF STATE AGENCIES. THE CHIEF INFORMATION
OFFICER AND THE CHAIR OF THE CHIEF INFORMATION OFFICER ADVISORY COUNCIL
SHALL BE EX-OFFICIO MEMBERS OF THE BOARD BUT HAVE NO VOTING PRIVILEGES.
A. 2484 7
2. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
3. THE BOARD SHALL MEET AT LEAST ONCE EVERY SIX MONTHS, AND MAY BE
CONVENED AT OTHER TIMES BY JOINT AGREEMENT OF THE CHIEF INFORMATION
OFFICER AND THE CHAIR. SIX VOTING MEMBERS OF THE BOARD MUST BE PRESENT
FOR A QUORUM TO CONDUCT ANY BINDING VOTES OR TO APPROVE ANY BOARD
REPORTS.
4. THE BOARD SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
(A) TO REVIEW AND APPROVE STATE ENTERPRISE INFORMATION TECHNOLOGY
POLICIES, INCLUDING THE STATEWIDE INFORMATION TECHNOLOGY STRATEGIC PLAN
AS ISSUED BY THE CHIEF INFORMATION OFFICER;
(B) TO REVIEW AND APPROVE ANY STATEWIDE PLAN FOR THE FURTHER DEVELOP-
MENT AND IMPROVEMENT OF THE STATE'S TECHNOLOGY ACQUISITIONS, INCLUDING
THE ACTIVITIES AND DECISIONS OF THE INFORMATION TECHNOLOGY INVESTMENT
BOARD AS CREATED IN SECTION FIVE HUNDRED TWO OF THIS ARTICLE;
(C) TO REQUEST SURVEYS AND REPORTS TO BE COMPLETED BY THE CHIEF INFOR-
MATION OFFICER TO CARRY OUT ANY OF THE OBJECTIVES AND PURPOSES OF THIS
ARTICLE; AND
(D) TO PERFORM SUCH OTHER ACTS AS MAY BE ASSIGNED BY THE CHAIR WHICH
ARE NECESSARY OR APPROPRIATE TO CARRY OUT THE FUNCTIONS OF THE BOARD.
5. THE BOARD MAY REQUEST AND RECEIVE FROM THE OFFICE OF THE CHIEF
INFORMATION OFFICER, AS WELL AS ANY OTHER STATE AGENCY OR ANY LOCAL
GOVERNMENT AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER, ANY
ASSISTANCE, INFORMATION AND RESOURCES AS WILL ENABLE THE BOARD TO PROP-
ERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
6. THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR, SPEAKER OF THE
ASSEMBLY, AND TEMPORARY PRESIDENT OF THE SENATE NO LATER THAN THE
FIFTEENTH DAY OF FEBRUARY OF EACH YEAR. SUCH A REPORT SHALL INCLUDE A
SUMMARY OF ITS ACTIVITIES AND DECISIONS, EVALUATION OF THE STATE'S
ENTERPRISE INFORMATION TECHNOLOGY STRATEGIC PLAN, RECOMMENDATIONS FOR
LEGISLATIVE AND EXECUTIVE ACTION TO IMPLEMENT THAT PLAN AND OTHERWISE
ADVANCE SOUND INFORMATION TECHNOLOGY PUBLIC POLICY THROUGHOUT THE STATE,
AND A SUMMARY OF ALL EXPENDITURES APPROVED BY ITSELF AND THE INFORMATION
TECHNOLOGY INVESTMENT BOARD.
S 502. INFORMATION TECHNOLOGY INVESTMENT BOARD. 1. THERE IS HEREBY
ESTABLISHED AN INFORMATION TECHNOLOGY INVESTMENT BOARD TO OVERSEE MAJOR
TECHNOLOGY PROCUREMENTS IN THE STATE. THE BOARD SHALL BE COMPOSED OF
ELEVEN MEMBERS OR THEIR DESIGNEES: THE DIRECTOR OF STATE OPERATIONS, WHO
SHALL SERVE AS THE CHAIR, THE STATE COMPTROLLER, THE CHIEF INFORMATION
OFFICER, THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE COMMISSIONER OF
GENERAL SERVICES, TWO APPOINTEES BY THE SPEAKER OF THE ASSEMBLY, TWO
APPOINTEES BY THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE
CHIEF INFORMATION OFFICER ADVISORY COUNCIL, AND A REPRESENTATIVE,
APPOINTED BY THE GOVERNOR, OF AN ORGANIZATION OF LOCAL GOVERNMENT INFOR-
MATION TECHNOLOGY DIRECTORS.
2. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
3. THE BOARD SHALL MEET AT LEAST ONCE EVERY THREE MONTHS, AND MAY BE
CONVENED AT OTHER TIMES BY JOINT AGREEMENT OF THE CHIEF INFORMATION
OFFICER AND THE CHAIR. EIGHT VOTING MEMBERS OF THE BOARD MUST BE PRESENT
FOR A QUORUM TO CONDUCT ANY BINDING VOTES OR TO APPROVE ANY BOARD
REPORTS.
4. THE BOARD SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
A. 2484 8
(A) TO REVIEW AND APPROVE ANY MAJOR STATEWIDE INFORMATION TECHNOLOGY
INITIATIVE WITH A TOTAL COST OF MORE THAN TEN MILLION DOLLARS;
(B) TO REQUEST SURVEYS AND REPORTS TO BE COMPLETED BY THE CHIEF INFOR-
MATION OFFICER TO CARRY OUT ANY OF THE OBJECTIVES AND PURPOSES OF THIS
SECTION; AND
(C) TO PERFORM SUCH OTHER ACTS AS MAY BE ASSIGNED BY THE CHAIR WHICH
ARE NECESSARY OR APPROPRIATE TO CARRY OUT THE FUNCTIONS OF THE BOARD.
5. THE BOARD MAY REQUEST AND RECEIVE FROM THE OFFICE OF THE CHIEF
INFORMATION OFFICER, AS WELL AS ANY OTHER STATE AGENCY OR ANY LOCAL
GOVERNMENT AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER, ANY
ASSISTANCE, INFORMATION, AND RESOURCES AS WILL ENABLE THE BOARD TO PROP-
ERLY CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
6. THE BOARD SHALL SUBMIT A REPORT TO THE ENTERPRISE EXECUTIVE GOVER-
NANCE BOARD CONTAINING A SUMMARY OF ALL EXPENDITURES IT HAS APPROVED OR
DENIED WITHIN FIFTEEN DAYS OF ANY OFFICIAL MEETING OR VOTE OF THE BOARD.
S 7. Subdivision 4 of section 163 of the state finance law is amended
by adding a new paragraph f to read as follows:
F. ALL CONTRACTS FOR TECHNOLOGY CONSULTING SERVICES MUST PROVIDE A
SPECIFIC IMPLEMENTATION PLAN FOR KNOWLEDGE TRANSFER AND TRAINING FOR
EXISTING STATE EMPLOYEES BY THE CONTRACTOR, INCLUDING BENCHMARKS TO
MEASURE PROGRESS IN SUCH TRANSFER AND TRAINING AND A WORKFORCE PLANNING
DOCUMENT TO DEMONSTRATE HOW PERSONNEL RESOURCES SHALL BE DEPLOYED BY THE
AGENCY TO MAKE SUCH TRANSFER POSSIBLE.
S 8. Subdivision 4 of section 163-a of the state finance law, as
amended by chapter 437 of the laws of 2004, is amended to read as
follows:
4. The state agency together with the office [for technology] OF THE
CHIEF INFORMATION OFFICER determines that the restriction is not in the
best interest of the state. Such office shall notify each member of the
[advisory council] ENTERPRISE EXECUTIVE GOVERNANCE BOARD AND INFORMATION
TECHNOLOGY INVESTMENT BOARD established in article [one] FIVE of the
state technology law of any such waiver of these restrictions.
S 9. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that sections five, six, seven and
eight of this act shall take effect on the ninetieth day after it shall
have become a law; provided further, however, that the amendments to
subdivision 4 of section 163 of the state finance law made by section
seven of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith.