ETS consolidation.

23LSO-0717
2023
STATE OF WYOMING
23LSO-0717
ENGROSSED
3.0

HOUSE BILL NO. HB0286

ETS consolidation.

Sponsored by: Representative(s) Nicholas

A BILL

for

AN ACT relating to the administration of government; consolidating the department of enterprise technology services and the duties of the state chief information officer into the department of administration and information; making conforming amendments; providing applicability; transferring employees; transferring appropriations; providing rulemaking authority; requiring reports; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

(a)

The department of enterprise technology services and the office of state chief information officer are transferred by a type 1 transfer to the division of enterprise technology services within the department of administration and information created by this act.

All positions, personnel, appropriations, property, equipment and authority in agencies and programs transferred to the department of administration and information by this act are under the control of the department as provided by this act.

The validity of rules, regulations, contracts, agreements or other obligations of agencies or programs transferred by this act is not affected by this act.

(b)

Notwithstanding any other provision of law, the governor may authorize the use of authorized positions within the department of enterprise technology services and the office of the state chief information officer and funds appropriated to those agencies to staff and fund the enterprise technology services division within the department of administration and information for the

remainder of the fiscal biennium ending June 30, 2024.

For the fiscal biennium commencing July 1, 2024, the director of the department of administration and information shall submit an estimated

budget for the division of enterprise technology services to the governor and the governor shall submit a recommended budget for the division to the joint appropriations committee.

(c)

Notwithstanding W.S. 9
‑
2
‑
3222(b), the governor and director of the department of administration and information may appoint a temporary state chief information officer to serve as the administrator of the enterprise technology services division upon the effective date of this act.

Thereafter the governor shall submit any proposed appointment of

the state chief information officer to the senate in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103. The appointment shall only be terminated with the consent of the governor.

(d)

Upon the effective date of this act, any reference in Wyoming statutes to a function assigned to the department of enterprise technology services shall be carried out by the division of enterprise technology services within the department of administration and information.

The department of administration and information shall promulgate rules to effectuate the purposes of this act.

Section 2
.

W.S. 9
‑
2
‑
3222 is created to read:

9
‑
2
‑
3222.

Duties performed through the enterprise technology services division.

(a)

As used in this section:

(i)

"Agency" means an office, department, board, commission, council, institution, separate operating agency or any other operating unit of the executive branch of state government. "Agency" shall not include the University of Wyoming or community colleges;

(ii)

"Data analytics" means data analysis, including the ability to use the data for assessment and extraction of policy relevant information;

(iii)

"Department" means the department of administration and information;

(iv)

"Division" means the division of enterprise technology services within the department;

(v)

"Enterprise data analytics" means data analytics which affect or are conducted by more than one (1) agency;

(vi)

"Executive branch" means the executive department of state government established by article 2, section 1 of the Wyoming constitution;

(vii)

"Information processing software" means all purchased, procured or developed software for use on any information technology equipment;

(viii)

"Information technology equipment" means all business and personal computing devices, intelligent handheld devices including tablets and smart phones, printers and other related peripheral equipment;

(ix)

"Judiciary" means the judicial department of state government established by article 2, section 1 of the Wyoming constitution;

(x)

"Legislature" means the legislative department of state government established by article 2, section 1 of the Wyoming constitution;

(xi)

"Telecommunications transport services" means the telecommunication transmission facilities under which voice, data and video communications are distributed between distant locations for use by state agencies, institutions and educational institutions on a shared basis.

(b)

There is created the enterprise technology services division within the department of administration and information.

The division shall carry out the duties in this section and as otherwise provided by law.

The governor and director of the department shall appoint an administrator of the division with the advice and consent of the senate whose title shall be state chief information officer.

(c)

In addition to other duties prescribed by law, the department through the state chief information officer and the enterprise technology services division shall:

(i)

Establish and promulgate rules and regulations governing the use and funding of telecommunications services, equipment, software and networks

by agencies;

(ii)

In consultation with state agencies and educational institutions, develop recommendations for a current and long
‑
range telecommunications transport service plan for state government and higher education involving telephone, radio, microwave, facsimile, closed circuit television, teleconferencing, interactive educational training, public radio, public television, data communications, transmission circuits, fiberoptics, satellites and cellular radio and the integration of these mediums into applicable telecommunications networks.

The plan shall be submitted to the governor for approval;

(iii)

Administer the approved current and long
‑
range plan for use of telecommunications by agencies and coordinate the telecommunications transport service network;

(iv)

Inventory current telecommunications infrastructure

of agencies, solicit comments and recommendations on needs, practices and technologies for providing telecommunications services in the most efficient manner possible, accommodate economic growth and development in the state and enhance educational opportunities at all levels of instruction;

(v)

Review all existing and future agencies telecommunications planning, networks, systems and programs and recommend priorities therefor in accordance with the purposes of this section;

(vi)

As appropriate, coordinate the acquisition of compatible telecommunications equipment, software and licensure for telecommunications transport service networks with

agencies and

with

educational institutions;

(vii)

Establish telecommunications procedures, standards and records for management of telecommunications transport service networks and facilities for agencies;

(viii)

Review, assess and

ensure compliance with federal and state telecommunications regulations governing the needs and functions of agencies for telecommunication transport services;

(ix)

Provide telecommunications services including billing, installation and repair of telephone services including interstate and intrastate long distance, to agencies;

(x)

Coordinate telecommunications network training for agencies;

(xi)

Annually apply to the universal service administrative company under the federal communications commission for amounts available to the state under the schools and libraries program of the universal service fund. All federal funds received by the state from the schools and libraries program of the universal service fund shall be deposited into the school foundation program account.

(d)

Notwithstanding subsection (c) of this section:

(i)

The director of the Wyoming department of transportation shall administer and control the operation, maintenance and conduct of the two
‑
way, land-based mobile and related facilities for the public safety radio
‑
microwave systems specifically provided by the department and performed by radio technicians, dispatchers and telephone operators. The department shall provide and accommodate agency needs as approved jointly by the department and the agency and as agency budgets allow;

(ii)

The attorney general shall administer and control the operation and conduct of the criminal law enforcement system and shall coordinate statewide telecommunications network services under this system through the department;

(iii)

The University of Wyoming and community college districts shall administer the operation and control of telephone data and video systems on their respective campuses and the division shall coordinate statewide telecommunications network services under these systems;

(iv)

Telecommunications transport service requirements for any agency

and

educational institutions shall be coordinated through the

division;

(v)

Any public broadcasting service operating in the state shall be responsible for its operational services and federal licensing.

The division shall assist in the coordination of any required statewide telecommunications transport services as appropriate;

(vi)

The Wyoming department of transportation shall coordinate its statewide telecommunications transport service requirements for accessing the division's state unified network;

(vii)

An agency may independently contract with a private service provider to obtain telecommunications services, equipment, software and networks, provided:

(A)

The services, equipment and software meet compatibility standards established

by the division; and

(B)

The agency's action will result in at least ten percent (10%) savings compared to the cost of similar services, equipment and software provided through the division;

(C)

The action is approved as provided by subsection (j) of this section.

(e)

The division may, through the infrastructure network developed under the statewide education technology plan in accordance with W.S. 21
‑
2
‑
202(a)(xx), contract with one (1) or more telecommunications providers to

provide telecommunications services to:

(i)

Private schools if the division determines network capacity is sufficiently available and private schools accessing the network reimburse the division for the costs of services provided under this subsection, including proportionate overhead and administrative costs;

(ii)

Private health care providers if services are requested by the department of health under this subsection. The department of health shall:

(A)

Determine health care services necessary for the effective and efficient operation of a telehealth network in the state;

(B)

Notify the division in writing of the services deemed necessary;

(C)

Reimburse the division for costs

incurred for the provision of telecommunications services under this subsection from funds available for this purpose, including proportionate overhead and administrative costs;

(D)

Develop charges for telecommunication services that cover the costs of the provision of telecommunication services to private health care providers; and

(E)

In providing or facilitating the provision of services under this

subsection, the department of health shall determine that services are not reasonably available from other sources.

(f)

Nothing in this section shall be construed to authorize the division to regulate or otherwise have any jurisdiction or authority over nongovernmental providers of telecommunications services or broadband services.

Nothing in this section shall be construed to authorize the division or the state to be a telecommunications services provider to the private sector. To the extent a network is developed and implemented under subsection (c) of this section to provide telecommunications transport services for state government and higher education, rather than purchasing facilities or providing its own communications services for the creation and operation of the unified network, the state of Wyoming shall purchase services from commercial communications carriers to the fullest extent reasonably feasible. Such a network is limited to use only by:

(i)

The executive, legislative and judicial branches of Wyoming state government, including the University of Wyoming and community colleges. In relation to use of this network, "Wyoming state government" does not include local governments, cities, towns, counties, hospitals, joint powers boards, special districts or other local governmental entities; and

(ii)

Wyoming public schools and public libraries.

(g)

The division, through the state chief information officer, shall carry out the following coordination and management functions:

(i)

Develop a biennial information technology plan for the executive branch. The division may inventory agency software, hardware, servers and data centers as it determines necessary to develop the plan, using existing information available to the division and as supplemented by agencies upon request of the division;

(ii)

Implement and maintain an information technology governance program for the agencies;

(iii)

Establish review criteria for the agencies information technology projects, procurements and purchases;

(iv)

Develop and implement recommendations for the proper management of agencies information technology resources;

(v)

Review and make recommendations to the governor concerning information technology budget requests made by agencies;

(vi)

Adopt information technology policies and standards and ensure agency compliance with the policies and standards;

(vii)

Recommend information technology procurement improvements;

(viii)

Develop and promote information technology training programs for all branches of government;

(ix)

Encourage information technology coordination, information sharing and collaboration among all branches and levels of government in Wyoming;

(x)

Enhance geographic information systems coordination among all governmental users of geographic information systems;

(xi)

Carry out the duties prescribed by W.S. 9
‑
2
‑
2501;

(xii)

Enhance statewide broadband adoption and coordination among all governmental users in coordination with the Wyoming business council and its broadband advisory council;

(xiii)

Advise the governor and the legislature on technology and telecommunications matters;

(xiv)

Establish, maintain and annually evaluate a quality management model. The quality management model shall include training and assurances for data privacy, protection and use throughout the agency and shall track customer feedback on technology services and oversight. The division shall involve the agencies in assessment of needs, successes and areas of improvement and shall produce customer satisfaction and performance reports. The division shall report its findings from the quality management model in the department's biennial budget request submitted under W.S. 9
‑
2
‑
1013.

(h)

The University of Wyoming, community colleges, and the judicial and legislative departments of state government may adhere to the standards, policies and plans developed pursuant to subsection (f) of this section to the extent feasible, as determined by the entity or the department of government, as applicable.

(j)

The division shall carry out the following oversight and approval functions:

(i)

Review agency expenditure requests for information technology or telecommunications personnel, hardware or software or contractual services for information technology if the expenditure exceeds the maximum amount established by division policy for small purchases. No funds for purchase in excess of the maximum amount shall be expended until the state chief information officer has approved the expenditure. Upon request for expenditure, the state chief information officer shall review the request and shall:

(A)

Disapprove a request which fails to meet existing division standards, security, privacy and procurement policies; and

(B)

If the state chief information officer determines that a less expensive alternative to effectively accomplish the need is available, approve the request only for the lesser amount.

(ii)

Review agency expenditures for information technology or telecommunications personnel, hardware or software or contractual services for information technology which are within the maximum amount established by division policy for small purchases as determined necessary by policy of the state information officer, approved by the director. Agencies shall provide information as requested by the division regarding small purchases;

(iii)

Establish and enforce data security and privacy policies and standards for the state data infrastructure. These provisions shall be the minimum security and privacy requirements adhered to by all agencies. Agencies may choose to set additional security and privacy requirements to exceed but not in lieu of or that in any way interfere with the standards set by the division;

(iv)

Establish policies and standards for enterprise data analytics;

(v)

All computer purchases made via the division's state technology replacement program shall be made in accordance with the provisions of this subsection, using standardized pricing established by the program. All funds appropriated for computer acquisition shall be restricted and not expended for any other purpose.

Section 3
.

W.S. 7
‑
19
‑
106(a)(xxvii), 7
‑
19
‑
201(a)(xxiv), 9
‑
2
‑
117(a)(vii) and (viii), 9
‑
2
‑
1005(a)(xii)(intro) and (B), 9
‑
2
‑
1104(a)(i) and (iii), 9
‑
2
‑
2008(c) by creating a new paragraph (iii), 9
‑
2
‑
2501(b), (c)(intro) and (d), 9
‑
2
‑
3202(d) by creating a new paragraph (xi), 9
‑
4
‑
217(h)(intro), 18
‑
3
‑
402(a)(xxv), 21
‑
2
‑
202(a)(xx), (xxxiv)(intro), (J) and (xxxvii)(intro), 34
‑
1
‑
404(a), 34
‑
1
‑
405(a) and (b)(intro), 37
‑
15
‑
104(b), 40
‑
21
‑
118(b)(intro) and 40
‑
21
‑
119 are amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxvii)

The department of
enterprise technology services
administration and information
for purposes of obtaining background information on prospective and current employees
in the enterprise technology services division
;

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(xxiv)

Department of
administration and information
enterprise technology services
division
employees or applicants for employment who have access to confidential information or records, if required by the state chief information officer as a condition for a position with the
department of
enterprise technology services
division
;

9
‑
2
‑
117.

Office of rural health created; duties.

(a)

The office of rural health is created within the department of health. The office shall:

(vii)

In collaboration with the state health officer and the state chief information officer or their designees, coordinate with appropriate state agencies to establish incentives to implement, promote and facilitate the voluntary exchange of secure telemedicine/telehealth network information between and among individuals, entities and agencies that are providing and paying for services authorized under the Medicaid program, in conformity with rules adopted by the
state chief information officer
enterprise technology services division within the department of administration and information
;

(viii)

In collaboration with the state health officer and the state chief information officer or their designees, develop and promote a common direction for a statewide interoperable telemedicine/telehealth network among state agencies, in conformity with rules adopted by the
department of
enterprise technology services
division within the department of administration and information
;

9
‑
2
‑
1005.

Payment of warrants; budget powers of governor; agency budgets; federal funds; new employees.

(a)

No warrant shall be drawn by the auditor or paid by the treasurer:

(xii)

If the expenditure is for data processing hardware, software, consultants or training and exceeds the small purchase amount established by the
department of
enterprise technology services
division within the department of administration and information
, unless specifically approved by one (1) of the following:

(B)

The state chief information officer.

A purchase shall not be approved pursuant to this subparagraph if it fails to conform with the criteria developed pursuant to W.S.
9
‑
2
‑
2906(b)(iii)
9
‑
2
‑
3222(g)(iii)
;

9
‑
2
‑
1104.

Commission; powers and duties; advisory capacity to promote system development; public meetings; clerical and administrative support.

(a)

The commission shall:

(i)

Work with the state budget department, the
department of
enterprise technology services
division within the department of administration and information
, the department of homeland security and the department of transportation in an advisory capacity to promote the development, improvement and efficiency of public safety communications systems in the state;

(iii)

Submit a plan for statewide system networking to the
department of
enterprise technology services
division within the department of administration and information
for inclusion in the statewide telecommunications plan developed pursuant to W.S.
9
‑
2
‑
2906(g)
9
‑
2
‑
3222(c)
;

9
‑
2
‑
2008.

Department of administration and information created; director appointed; structure.

(c)

The following agencies are assigned to the department of administration and information under a Type 1 transfer:

(iii)

Department of enterprise technology services.

9
‑
2
‑
2501.

Electronic transaction of business.

(b)

The
state chief
enterprise technology services division within the department of administration and
information
officer
may provide for any state agency business to be conducted electronically in accordance with rules adopted under this section and in conformity with the provisions of the Uniform Electronic Transactions Act in title 40, chapter 21. No state agency shall be required by the
chief information officer
division
to conduct business electronically. Any state agency desiring to conduct business electronically shall adopt the procedures contained in rules of the
department of
enterprise technology services
division
.

(c)

The
department of
enterprise technology services

division
may enact rules

the chief information officer deems
as
necessary to implement this section subject to the provisions of the Uniform Electronic Transactions Act in title 40, chapter 21. The rules shall at a minimum:

(d)

In adopting rules the
department of
enterprise technology services
division
shall consider whether the rule will allow for efficient, safe, secure and accurate transactions.

9
‑
2
‑
3202.

Definitions; powers generally; duties of governor; provisions construed; cooperation with legislature and judiciary; divisions enumerated.

(d)

The department shall consist of the following divisions in addition to the office of the director of the department:

(xi)

Enterprise technology services division.

9
‑
4
‑
217.

Uniform state accounting system.

(h)

The
department of
enterprise technology services
division within the department of administration and information
shall contract with a payment processor for uniform statewide payment processing services that each agency shall utilize, except as specifically prohibited by law or as otherwise provided in this subsection, to allow any tax, assessment, license, permit, fee, fine
,
or other money owing to the state or collectible by the state on behalf of another unit of government to be paid by negotiable paper, or in payment of any bail deposit or other trust deposit.

The statewide payment processor contract shall establish a uniform rate or uniform fee for the costs of processing payment transactions for all agencies.

If the administrative head of a division within an agency determines that it is not feasible to utilize the statewide payment processor contract, the administrative head may request a waiver from the state chief information officer.

If the waiver is granted, the agency may, except as otherwise prohibited by law, contract with a payment processor for the purposes specified in this subsection and as reasonably limited by the waiver.

The University of Wyoming, Wyoming community colleges and the judicial and legislative departments of state government may, except as otherwise prohibited by law, contract with a payment processor or utilize the statewide payment processor contract for the purposes specified in this subsection.

The acceptance of negotiable paper by the state or any of its agencies under this subsection shall be in accordance with and subject to the same terms and conditions provided by W.S. 18
‑
3
‑
505. Any fees assessed for processing a payment under this subsection shall be borne by the person tendering payment.

Any fees borne by the person tendering payment pursuant to this subsection shall only be used by the collecting agency to pay the processing costs of rendering the payment transaction. The collecting agency shall clearly and conspicuously disclose any debit or credit card fees assessed for processing payment transactions under this subsection at the time the fees are collected, which shall include disclosure on any website used by the agency to accept payments.

As used in this subsection:

18
‑
3
‑
402.

Duties generally.

(a)

The county clerk shall:

(xxv)

If the county clerk accepts electronic recordings of deeds, mortgages, conveyances, patents, certificates, instruments and other like documents, establish procedures to govern the electronic recordings consistent with rules promulgated by the
department of
enterprise technology services
division within the department of administration and information
pursuant to W.S. 34
‑
1
‑
405.

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xx)

In cooperation with the state board, the Wyoming community college commission, University of Wyoming, public service commission, department of transportation,
department of
enterprise technology services
division within the department of administration and information
, public libraries, school district boards of trustees, classroom teachers and other appropriate groups identified by the superintendent, develop and implement a statewide education technology plan which shall address staff training, curriculum integration and network connectivity in and between schools, communities and between the state and the world, and which shall have as its goal the provision of equal access to educational instruction and information.

The statewide technology education plan may include telecommunications services provided by the
department of
enterprise technology services
division within the department of administration and information
pursuant to W.S.
9
‑
2
‑
2906(g)
9
‑
2
‑
3222(c)
;

(xxxiv)

With the
department of
enterprise technology services
division within the department of administration and information
, establish criteria for the collection, storage, management and reporting of department of education data including, but not limited to teacher certification, statewide education accountability and assessment and the administration of the school finance system. In carrying out this paragraph, the state superintendent and the
department of
enterprise technology services
division within the department of administration and information
shall develop a data privacy and security plan that includes:

(J)

All personally identifiable student information being reported to the department of education or the
department of
enterprise technology
services division within the department of administration and information
by a student's Wyoming student record identification and locator number as issued by the department of education; and

(xxxvii)

In consultation with the
department of
enterprise technology
services division within the department of administration and information
, the department of audit and school districts, establish and maintain guidelines for school districts for the collection, access, privacy, security and use of student data by school districts.

The guidelines shall, at a minimum, be in compliance with the federal Family Educational Rights and Privacy Act and other relevant federal and state laws and include the following:

34
‑
1
‑
404.

Recording of documents.

(a)

A county clerk who implements any of the functions in this section shall do so in compliance with rules promulgated by the
department of
enterprise technology services
division within the department of administration and information
pursuant to W.S. 34
‑
1
‑
405.

34
‑
1
‑
405.

Administration and standards.

(a)

The
department of
enterprise technology services
division within the department of administration and information
shall promulgate rules in accordance with the Wyoming Administrative Procedure Act to implement this act.

(b)

The
department of
enterprise technology services
division within the department of administration and information
in adopting rules pursuant to this section shall consider:

37
‑
15
‑
104.

Services not regulated by this title.

(b)

In addition to subsection (a) of this section, telecommunications service does not include, and the provisions of this title do not apply to telecommunications services provided by the
department of
enterprise technology
services division within the department of administration and information
to private health care providers under W.S.
9
‑
2
‑
2906(j)
9
‑
2
‑
3222(e)
.

40
‑
21
‑
118.

Acceptance and distribution of electronic records by governmental agencies.

(b)

To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a) of this section, the
department of
enterprise technology services
division within the department of administration and information
shall promulgate rules in accordance with the Wyoming Administrative Procedure Act to specify for state agencies:

40
‑
21
‑
119.

Interoperability.

The
department of
enterprise technology services
division within the department of administration and information
in adopting standards pursuant to W.S. 40
‑
21
‑
118 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.

Section 4
.

W.S. 9
‑
2
‑
2019 and 9
‑
2
‑
2901 through 9
‑
2
‑
2907 are repealed.

Section 5
.

The department of administration and information shall report to the joint appropriations committee on all aspects of the transfer authorized under this act not later than December 1, 2023.

The report shall include any statutory changes needed to fully effectuate the purposes of this act.

The joint appropriations committee may introduce legislation during the 2024 budget session of the Wyoming legislature pursuant to a report received under this section or on its own initiative to fully effectuate this act.

Section 6
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0286