2024 24LSO-0074
STATE OF WYOMING Working Draft
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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Enterprise technology services division.
Sponsored by: Joint Appropriations Committee
A BILL
for
1 AN ACT relating to the administration of government;
2 transferring the department of enterprise technology
3 services and the duties of the state chief information
4 officer to the department of administration and
5 information; making conforming amendments; providing
6 applicability; transferring positions and funds; providing
7 rulemaking authority; requiring reports; and providing for
8 an effective date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
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12 STAFF COMMENT
13 This bill draft is prepared from the engrossed version of 2023 House Bill 286. In
14 addition, it contains the two amendments adopted by the Senate and technical changes.
15
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1 This bill draft is effective immediately as was House Bill 286. However, the Committee
2 may wish to consider that a July 1, 2024 effective date would allow for a more orderly
3 transition for budgetary and practical purposes.
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5
6 Section 1.
7
8 (a) The department of enterprise technology services
9 and the office of state chief information officer are
10 transferred by a type 1 transfer, as defined in W.S.
11 9-2-1707(b)(i), to the department of administration and
12 information, enterprise technology services division, as
13 created by this act. All positions, personnel,
14 appropriations, property, equipment and authority in
15 agencies and programs transferred to the department of
16 administration and information by this act are under the
17 control of the department of administration and information
18 as provided by this act. The validity of rules,
19 regulations, contracts, agreements or other obligations of
20 agencies or programs transferred by this act is not
21 affected by this act.
22
23 (b) Notwithstanding any other provision of law, the
24 governor may authorize the use of authorized positions
25 within the department of enterprise technology services and
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1 the office of the state chief information officer, and
2 funds appropriated to those agencies, to staff and fund the
3 enterprise technology services division within the
4 department of administration and information, as created by
5 this act, for the remainder of the fiscal biennium ending
6 June 30, 2024 and the fiscal biennium commencing July 1,
7 2024. For the fiscal biennium commencing July 1, 2026, the
8 director of the department of administration and
9 information shall submit a budget request for the
10 enterprise technology services division as provided by W.S.
11 9-2-1010 through 9-2-1014.
12
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14 STAFF COMMENT
15 Note that departments are generally structured as follows:
16 • The principal operating unit of a department is a division headed by an
17 administrator;
18 • The principal operating unit of a division is a program headed by a manager;
19 • The principal operating unit of a program is a section headed by a supervisor;
20 • The principal operating unit of a section is a subsection headed by a chief.
21
22 See W.S. 9-2-1707(a)(iii).
23
24 This bill draft does not currently address how existing operating units and administrator
25 and manager positions will be transferred or consolidated. (E.g., whether administrator
26 positions will be reclassified as manager positions, etc.) The Committee may wish to
27 consider whether the bill draft should address this topic.
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29
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1 (c) Notwithstanding W.S. 9-2-3222(b), as created by
2 section 2 this act, the governor and director of the
3 department of administration and information may jointly
4 appoint a temporary state chief information officer to
5 serve as the administrator of the enterprise technology
6 services division upon the effective date of this act. The
7 temporary appointment shall only be terminated with the
8 consent of the governor as provided in W.S. 9-1-202.
9 Thereafter, the governor shall submit any proposed
10 appointment of the state chief information officer to the
11 senate in accordance with W.S. 28-12-101 through 28-12-103.
12
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14 STAFF COMMENT
15 Currently, the State Chief Information Officer is appointed by the Governor with the
16 advice and consent of the Senate and may be removed by the governor. W.S. 9-2-2903.
17 However, the Director of the Department of Administration and Information, who is also
18 appointed by the Governor with the advice and consent of the Senate and who may be
19 removed by the governor, is authorized to appoint the administrators for each division,
20 subject to the Governor's approval. W.S. 9-2-3203.
21
22 The Committee may wish to consider whether the State Chief Information Officer should
23 be appointed and removed the same as other administrators.
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25
26 (d) Upon the effective date of this act, any
27 reference in Wyoming statutes to a function assigned to the
28 department of enterprise technology services shall be
29 carried out by the enterprise technology services division
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1 within the department of administration and information.
2 The department of administration and information shall
3 promulgate rules to effectuate the purposes of this act.
4
5 Section 2. W.S. 9-2-3222 is created to read:
6
7 9-2-3222. Duties performed through the enterprise
8 technology services division.
9
10 (a) As used in this section:
11
12 (i) "Agency" means an office, department, board,
13 commission, council, institution, separate operating agency
14 or any other operating unit of the executive branch of
15 state government. "Agency" shall not include the University
16 of Wyoming or community colleges;
17
18 (ii) "Data analytics" means data analysis,
19 including the ability to use the data for assessment and
20 extraction of policy relevant information;
21
22 (iii) "Department" means the department of
23 administration and information;
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1
2 (iv) "Division" means the enterprise technology
3 services division within the department;
4
5 (v) "Enterprise data analytics" means data
6 analytics which affect or are conducted by more than one
7 (1) agency;
8
9 (vi) "Executive branch" means the executive
10 department of state government established by article 2,
11 section 1 of the Wyoming constitution;
12
13 (vii) "Information processing software" means
14 all purchased, procured or developed software for use on
15 any information technology equipment;
16
17 (viii) "Information technology equipment" means
18 all business and personal computing devices, intelligent
19 handheld devices including tablets and smart phones,
20 printers and other related peripheral equipment;
21
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1 (ix) "Judiciary" means the judicial department
2 of state government established by article 2, section 1 of
3 the Wyoming constitution;
4
5 (x) "Legislature" means the legislative
6 department of state government established by article 2,
7 section 1 of the Wyoming constitution;
8
9 (xi) "Telecommunications transport services"
10 means the telecommunication transmission facilities under
11 which voice, data or video communications are distributed
12 between distant locations for use by agencies, institutions
13 and educational institutions on a shared basis.
14
15 (b) There is created the enterprise technology
16 services division within the department of administration
17 and information. The division shall carry out the duties
18 in this section and as otherwise provided by law.
19 Notwithstanding W.S. 9-2-3203(b), the governor and director
20 of the department shall jointly appoint an administrator of
21 the division, with the advice and consent of the senate,
22 whose title shall be state chief information officer.
23
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2 STAFF COMMENT
3 Existing law copied below provides that the director of a department may appoint the
4 administrators for each of the divisions with the approval of the governor.
5
6 9-2-3203. Director and division administrators;
7 appointment; removal; powers of director.
8
9 (a) The governor shall appoint a director of the
10 department with the advice and consent of the senate who
11 shall be the department's executive and administrative
12 head, and who shall hold an ex officio seat on all boards
13 and councils which advise or are within the department.
14
15 (b) With the approval of the governor, the director
16 may appoint administrators for each of the divisions. The
17 governor may remove the director and division
18 administrators as provided in W.S. 9-1-202.
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20
21 (c) In addition to other duties prescribed by law,
22 the division shall:
23
24 (i) Establish and promulgate rules governing the
25 use and funding of telecommunications services, equipment,
26 software and networks by agencies;
27
28 (ii) In consultation with relevant agencies and
29 educational institutions, develop recommendations for a
30 current and long-range telecommunications transport service
31 plan for state government and higher education involving
32 telephone, radio, microwave, facsimile, closed circuit
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1 television, teleconferencing, interactive educational
2 training, public radio, public television, data
3 communications, transmission circuits, fiberoptics,
4 satellites and cellular radio and the integration of these
5 mediums into applicable telecommunications networks. The
6 plan shall be submitted to the governor for approval;
7
8 (iii) Administer the approved current and
9 long-range plan for use of telecommunications by agencies
10 and coordinate the telecommunications transport service
11 network;
12
13 (iv) Inventory current telecommunications
14 infrastructure of agencies, solicit comments and
15 recommendations on needs, practices and technologies for
16 providing telecommunications services in the most efficient
17 manner possible, accommodate economic growth and
18 development in the state and enhance educational
19 opportunities at all levels of instruction;
20
21 (v) Review all existing and future agencies'
22 telecommunications planning, networks, systems and programs
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1 and recommend priorities therefor in accordance with the
2 purposes of this section;
3
4 (vi) As appropriate, coordinate the acquisition
5 of compatible telecommunications equipment, software and
6 licensure for telecommunications transport service networks
7 with agencies and with educational institutions;
8
9 (vii) Establish telecommunications procedures,
10 standards and records for the management of
11 telecommunications transport service networks and
12 facilities for agencies;
13
14 (viii) Review, assess and ensure compliance with
15 federal and state telecommunications regulations governing
16 the needs and functions of agencies for telecommunication
17 transport services;
18
19 (ix) Provide telecommunications services
20 including billing, installation and repair of telephone
21 services, including interstate and intrastate long distance
22 services, to agencies;
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1 (x) Coordinate telecommunications network
2 training for agencies;
3
4 (xi) Require employees or applicants for
5 employment who have access to confidential information or
6 records to submit to fingerprinting in order to obtain
7 state and national criminal history record information as a
8 condition for employment with the department in accordance
9 with W.S. 7-19-106 and 7-19-201.
10
11 (d) Notwithstanding subsection (c) of this section:
12
13 (i) The director of the Wyoming department of
14 transportation shall administer and control the operation,
15 maintenance and conduct of the two-way, land-based mobile
16 and related facilities for the public safety
17 radio-microwave systems specifically provided by the
18 department of transportation and operated by radio
19 technicians, dispatchers and telephone operators. The
20 department of transportation shall provide and accommodate
21 agency needs as approved jointly by the department of
22 transportation and the agency and as agency budgets allow