HOUSE OF REPRESENTATIVES

H.B. NO.

2278

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ENTERPRISE TECHNOLOGY SERVICES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  In 2009, the legislative auditor reported that the State's management of information technology was weak and ineffective, requiring clearly defined roles, duties, and responsibilities.  The report noted that, without an effective chief information officer, the State cannot ensure that its information technology investments are "cost effective, optimally utilized, adequately planned for future growth, or have the operational flexibility to easily adapt to changing requirements."

     The purposes of this Act are to clearly establish the chief information officer as the State's information technology leader; delete statutory references to the information and communication services division of the department of accounting and general services; and consolidate the office of information management and technology and the information and communication services division of the department of accounting and general services, including all related information technology functions, in the office of enterprise technology services under the direction of the chief information officer.

     SECTION 2.  Section 26-6, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The department shall:

     (1)  Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts;

     (2)  Report to the governor and to each regular session of the legislature as to the finances of each department of the State;

     (3)  Administer the state risk management program;

     (4)  Establish and manage motor pools;

     (5)  Manage the preservation and disposal of all records of the State;

     (6)  Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State;

     (7)  Undertake the functions of the state surveyor;

     (8)  Establish accounting and internal control systems;

     (9)  [Provide] Under the direction of the chief information officer, provide centralized computer information management and processing services[, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs; and];

    (10)  [Establish, coordinate, and manage] Under the direction of the chief information officer, establish a program to provide a means for public access to public information and develop [and operate] an information network [in conjunction with its overall plans for establishing a communication backbone] for state government; and

    (11)  Assume administrative responsibility for the office of information practices."

     SECTION 3.  Section 27-43, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

     "§27-43  [Information technology;] Office of enterprise technology services; chief information officer; information technology steering committee; establishment; responsibilities.  (a)  There is established within the department of accounting and general services the office of enterprise technology services, which shall be headed by a full-time chief information officer to organize, manage, and oversee statewide information technology governance[, including supervision and oversight of the information and communication services division of the department of accounting and general services].  The chief information officer shall be appointed by the governor as provided in section 26-34.  The chief information officer shall report directly to the governor and, in conjunction with the information technology steering committee, shall:

     (1)  Develop, implement, and manage statewide information technology governance;

     (2)  Develop, implement, and manage the state information technology strategic plans;

     (3)  Develop and implement statewide technology standards;

     (4)  As part of the budget execution process, work with state departments and agencies to coordinate all information technology related procurement to ensure that the purchases comply with the office of enterprise technology services systems for software updates, patch management, and security parameters;

    [(4)] (5)  Report annually to the governor and the legislature on the status and implementation of the state information technology strategic plan;

    [(5)] (6)  Perform other necessary or desirable functions to facilitate the intent of this section; [and]

    [(6)] (7)  Employ persons exempt from chapters 76 and 89[.];

     (8)  Provide centralized computer information management and processing services, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs;

     (9)  Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with its overall plans for establishing a communication backbone for state government; and

(10)  Adopt rules, pursuant to chapter 91, necessary for the purposes of this part."

     SECTION 4.  Section 27G-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The committee shall consist of not more than fifteen voting[[],[]] ex officio members, or their designated representatives, as follows:

     (1)  The comptroller;

    [(2)  The administrator of the information and communication services division of the department of accounting and general services;

     (3)] (2)  The administrator of the state procurement office;

    [(4)] (3)  The director of the office of information practices;

    [(5)] (4)  The directors of not more than three government agencies using or planning to use the services of the portal manager;

    [(6)] (5)  The administrative director of the courts;

    [(7)] (6)  A representative of the Hawaii state senate appointed by the president of the senate;

    [(8)] (7)  A representative of the Hawaii state house of representatives appointed by the speaker of the house of representatives;

    [(9)] (8)  The chief information officers of the four counties; and

   [(10)] (9)  The chief information officer."

     SECTION 5.  Section 27G-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§27G-6[]]  Access Hawaii committee special fund.  There is established in the state treasury the access Hawaii committee special fund, into which shall be deposited fees collected by the [information and communication services division within the department of accounting and general services] office of enterprise technology services for the purpose of supporting the access Hawaii committee.  The chief information officer may appoint a portal program manager exempt from chapter 76, which position may be funded by the special fund.  Expenditures from the access Hawaii committee special fund shall be approved by the access Hawaii committee; provided that information on income and expenditures shall be subject to legislative review and oversight in each budget submittal from the department of accounting and general services."

     SECTION 6.  Section 487N-5, Hawaii Revised Statutes is amended to read as follows:

     "§487N-5  Information privacy and security council; established; duties; reports.  (a)  There is established an information privacy and security council within the department of accounting and general services for administrative purposes only.  Members of the council shall be appointed no later than September 1, 2008, by the governor without regard to section 26-34 and shall be composed of the following representatives:

     (1)  Executive agencies that maintain extensive personal information in the conduct of their duties, including the department of commerce and consumer affairs, the department of education, the department of health, the department of human resources development, the department of human services, and the University of Hawaii, to be selected by the governor;

     (2)  The legislature, to be selected by the president of the senate and the speaker of the house of representatives;

     (3)  The judiciary, to be selected by the [administrator of the courts;] chief justice of the Hawaii supreme court; and

     (4)  The four counties, to be selected by the mayor of each county; provided that the mayor of each county shall determine the extent to which the county may or may not participate.

     The chief information officer or the chief information officer's designee shall serve as chair of the council.

     (b)  By January 1, 2009, the council shall submit to the legislature a report of the council's assessment and recommendations on initiatives to mitigate the negative impacts of identity theft incidents on individuals.  The report shall emphasize assessing the merits of identity theft passport and identity theft registry initiatives that have been implemented in other states.

     (c)  No later than June 30, 2009, the council shall develop guidelines to be considered by government agencies in deciding whether, how, and when a government agency shall inform affected individuals of the loss, disclosure, or security breach of personal information that can contribute to identify theft.  The guidelines shall provide a standardized, risk-based notification process in the instance of a security breach.

     (d)  The council shall review the individual annual reports submitted by government agencies, pursuant to section 487N-7 and submit a summary report to the legislature no later than twenty days prior to the convening of the regular session of 2010 and each year thereafter.  The summary report shall include the council's findings, significant trends, and recommendations to protect personal information used by government agencies.

     The initial report to the legislature also shall include proposed legislation to amend section 487N-2 or any other law that the council deems necessary to conform to the guidelines established under subsection (c).

     (e)  The [comptroller] chief information officer may establish support positions for the [information and communication services division,] office of enterprise technology services, including but not limited to, [legal support,] information technology, human resources and personnel, records management, and administrative support."

     SECTION 7.  All rights, powers, functions, and duties of the office of information management and technology and the information and communication services division of the department of accounting and general services relating to information technology are consolidated under the office of enterprise technology services.  The chief information officer shall amend or repeal rules under chapter 91, Hawaii Revised Statutes, as necessary.

     SECTION 8.  All rules, policies, procedures, guidelines, and other materials adopted or developed by the department of accounting and general services or the information and communication services division of the department of accounting and general services to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the office of enterprise technology services by this Act shall remain in full force and effect until amended or repealed by the chief information officer pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the department of accounting and general services or the information and communication services division in those rules, policies, procedures, guidelines, and other material is deemed to refer to the office of enterprise technology services, as appropriate.

     SECTION 9.  All leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the office of information management and technology of the department of accounting and general services or the information and communication services division of the department of accounting and general services, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the office of enterprise technology services by this Act, shall remain in full force and effect.  Effective July 2, 2016, every reference to the information and communication services division therein shall be construed as a reference to the office of enterprise technology services as appropriate.

     SECTION 10.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services or information and communication services division of the department of accounting and general services relating to the functions transferred to the office of enterprise technology services shall be transferred with the functions to which they relate.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act, upon its approval, shall take effect on July 2, 2112.



 

Report Title:

Consolidation of the Office of Information Management and Technology and the Information and Communication Services Division

 

Description:

Consolidates the Office of Information Management and Technology and the Information and Communication Services Division of the Department of Accounting and General Services, including all related information technology functions, in the Office of Enterprise Technology Services under the direction of the Chief Information Officer.  The amendments are intended to create greater efficiency in state government and clarify roles and responsibilities in new governance processes by consolidating the two programs that already fall under the oversight of the Chief Information Officer.  Effective 7/2/2112.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.