2012 -- S 2599

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LC01677

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - ESTABLISHING THE STATE

DEPARTMENT OF INFORMATION TECHNOLOGY

     Introduced By: Senators Hodgson, DaPonte, Algiere, Doyle, and Ottiano

     Date Introduced: March 01, 2012

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

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CARRIERS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 21.3

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STATE DEPARTMENT OF INFORMATION TECHNOLOGY

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     39-21.3-1. Definitions. - - As used in this chapter:

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     (1) "Architecture" means the defined structure or orderly arrangement of information

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systems and telecommunication systems, based on accepted industry standards and guidelines, for

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the purpose of maximizing the interconnection and efficiency of such systems and the ability of

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users to share information resources.

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     (2) "Information systems" means the combination of data processing hardware and

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software in the collection, processing and distribution of data to and from interactive computer-

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based systems to meet informational needs.

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     (3) "State agency" means any state agency, department, public authority, public

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corporation, quasi-public corporation, organization, commission or other governing body. The

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term "state agency" shall also include: (i) The offices of the governor, lieutenant governor,

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treasurer, attorney general, and secretary of the state; and (ii) All operations of an executive

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department agency which are funded by either the general fund, treasury fund or any other special

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fund.

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     (4) "Telecommunication systems" means telephone equipment and transmission

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facilities, either alone or in combination with information systems, for the electronic distribution

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of all forms of information, including voice, data and images.

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     (5) "Chief information officer" means the department head for the department of

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information technology.

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     39-21.3-2. Department of information technology – Chief information officer –

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Duties and responsibilities. -- (a) There is established the department of information technology.

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The department of information technology shall be administered by a chief information officer,

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who shall be an individual knowledgeable with respect to information and telecommunication

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systems.

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     (b) The chief information officer shall be appointed by the governor, with the advice and

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consent of the senate.

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     (c) The chief information officer shall:

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     (1) Develop and implement an integrated set of policies and architecture pertaining to

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information and telecommunication systems for state agencies;

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     (2) Develop a series of comprehensive standards and planning guidelines pertaining to

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the development, acquisition, implementation, and oversight and management of information and

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telecommunication systems for state agencies;

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     (3) Identify and implement:

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     (i) Optimal information and telecommunication systems to efficiently service the needs

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of state agencies; and

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     (ii) Opportunities for reducing costs for such systems.

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     (4) Approve or disapprove, in accordance with guidelines established by the chief

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information officer, each proposed state agency acquisition of hardware or software for an

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information or telecommunication system, except for:

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     (i) Hardware or software having a cost of less than twenty thousand dollars ($20,000); or

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     (ii) Hardware or software having a cost of twenty thousand dollars ($20,000) or more, but

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less than one hundred thousand dollars ($100,000), which is for a project that complies with the

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agency's business system's plan as approved by the chief information officer.

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     (5) Approve or disapprove, in accordance with guidelines established by the chief

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information officer, all state agency requests or proposed contracts for consultants for information

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and telecommunication systems;

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     (6) Be responsible for purchasing, leasing and contracting for all information system and

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telecommunication system facilities, equipment and services for state agencies, in accordance

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with the provisions of this chapter, except for the offices of the governor, lieutenant governor,

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treasurer, attorney general and secretary of the state;

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     (7) Review existing and new information and telecommunication system technologies to

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ensure consistency with the strategic plan established under section 39-21.2-7 and approved state

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agency architecture and make recommendations for review and appropriate action;

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     (8) Cooperate with the general assembly, the state supreme court and the constituent units

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of the state system of higher education in assessing opportunities for cost savings and greater

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sharing of information resources which could result if such entities acquire information and

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telecommunication systems similar to those of state agencies;

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     (9) Ensure state-wide implementation of the 9-1-1 and E 9-1-1 systems; and

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     (10) Serve as an ex officio member of the economic development corporation, the board

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of governors for higher education and the board of regents for elementary and secondary

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education.

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     (d) The department of information technology shall approve or disapprove a state agency

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request or proposed contract under subdivision (4) or (5) of subsection (c) of this section no later

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than seven (7) business days after receipt of the request or proposed contract and any necessary

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supporting information. If the department of information technology does not approve or

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disapprove the request or proposed contract by the end of such seven (7) day period, the request

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or proposed contract shall be deemed to have been approved. The provisions of said subdivision

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(5) shall not apply to telecommunication consultants retained by the public utilities commission

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in connection with telecommunication proceedings of said commission.

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     39-21.3-3. Regulations. -- The chief information officer may adopt rules and regulations

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to carry out and enforce the provisions of this chapter.

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     39-21.3-4. Information and telecommunication systems – Transfer and

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responsibility for. -- On July 1, 2012, any and all information systems and telecommunication

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systems functions, as defined in this chapter, of the department of administrative, of the Rhode

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Island public telecommunications authority as defined in chapter 16-16, and of the 9-1-1 authority

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as defined in section 39-21.1-3, shall be transferred to the department of information technology

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and, on and after said date, the chief information officer shall be responsible for such functions.

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The department of information technology shall be deemed a replacing agency for purposes of

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administering the state's emergency 911 system pursuant to the terms of section 39-21.1-6.

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     39-21.3-5. Telecommunication facilities, equipment and services – Responsibility for.

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-- (a) The chief information officer shall be responsible for purchasing, leasing and contracting

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for all telecommunication facilities, equipment and services for the state-wide telecommunication

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infrastructure for the support of state agencies; implementing, or assisting state agencies in

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implementing, such facilities; processing bills for telecommunication services used by state

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agencies including telecommunication services provided at the request of state agencies to:

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     (1) Private nonprofit or not-for-profit agencies whose telecommunication services are

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funded primarily by the state; and

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     (2) Political subdivisions of the state; and managing the operation of such infrastructure.

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     (b) The chief information officer shall be responsible for planning for such

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telecommunication infrastructure and assisting state agencies in:

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     (1) Planning for the acquisition of telecommunication systems; and

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     (2) Implementing such systems.

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     39-21.3-6. Implementation plan. -- (a) The chief information officer shall prepare an

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implementation plan for carrying out the purposes of this chapter. The plan shall establish:

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     (1) Policy goals for the department of information technology; and

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     (2) Strategies for the management and delivery of information system and

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telecommunication system services for state agencies.

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     (b) Not later than January 1, 2013, the chief information officer shall submit such plan to

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the governor and to the general assembly relating to government administration.

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     39-21.3-7. Information and telecommunication systems strategic plan. -- (a) The

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chief information officer shall develop, publish and annually update an information and

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telecommunication system's strategic plan which shall have the following goals:

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     (1) To provide a level of voice and data communications service among all state agencies

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that will ensure the effective and efficient completion of their respective functions;

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     (2) To establish a direction for the collection, storage, management and use of

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information by state agencies in an efficient manner;

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     (3) To develop a comprehensive information policy for state agencies that clearly

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articulates:

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     (i) The state's commitment to the sharing of its information resources;

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     (ii) The relationship of such resources to library and other information resources in the

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state;

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     (iii) A philosophy of equal access to information.

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     (4) To provide all necessary telecommunication services between state agencies and the

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public;

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     (5) To provide, in the event of an emergency, immediate voice and data communications

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capabilities which are necessary to support state agency functions; and

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     (6) To provide necessary access to higher technology for state agencies.

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     (b) In order to facilitate the development of a fully integrated state-wide information

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services and telecommunication system which effectively and efficiently supports data processing

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and telecommunication requirements of all state agencies, the strategic plan shall include:

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     (1) Establishment of guidelines and standards for the architecture for information and

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telecommunication systems which support state agencies;

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     (2) Plans for a cost-effective state-wide telecommunication network to support state

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agencies, which network may consist of different types of transmission media, including wire,

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fiber and radio, and shall be able to support voice, data, video and facsimile transmission

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requirements and any other form of information exchange which takes place via electromagnetic

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media;

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     (3) A level of information systems and telecommunication planning for all state agencies

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and operations throughout the state that will ensure the effective and efficient utilization and

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access to the state's information and telecommunication resources, including, but not limited to:

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     (i) An inventory of existing on-line public access arrangements for state agency data

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bases which contain information subject to disclosure under the Freedom of Information Act;

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     (ii) A list of data bases for which such access could be provided, including data bases

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containing consumer, business and health and human services program information;

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     (iii) Provisions addressing the feasibility and cost of providing such access;

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     (iv) Provisions for a public-private partnership in providing such on-line access; and

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     (v) Provisions to enable citizens to communicate with state agencies by electronic mail;

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     (4) Identification of annual expenditures and major capital commitments for information

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and telecommunication systems; and

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     (5) A direction and policy planning pertaining to the infusion of new technology for such

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systems for state agencies. In carrying out the provisions of subparagraphs (i) to (v), inclusive, of

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subdivision (3) of this subsection, the chief information officer shall consult with representatives

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of business associations, consumer organizations and nonprofit human services providers.

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     (c) Each state agency shall submit to the chief information officer all plans, documents

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and other information requested by the chief information officer for the development of such

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plan.

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     (d) The chief information officer shall not implement a state agency proposal for

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information system hardware, software, maintenance service or consulting unless such proposal

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complies with the strategic plan and the agency's approved business systems plan. The chief

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information officer shall maintain a current inventory of information system components to

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facilitate asset management and procurement leverage.

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     39-21.3-8. Information and telecommunication systems – Purchase, lease, contracts

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for, sale and disposal. -- (a) The provisions of chapter 37-2 regarding state purchases shall apply

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to the purchasing, leasing and contracting for information system and telecommunication system

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facilities, equipment and services by the chief information officer, except that:

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     (1) The chief information officer shall have the powers and duties that are assigned by

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said chapter 37-2 to the director of the department of administration and/or chief purchasing

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officer and/or the purchasing agent;

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     (2) The chief information officer may use and employ any powers, tools and methods

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provided for state purchases as provided for in chapter 37-2, including the suspension of

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competitive bidding when permitted. The chief information officer shall adopt regulations, in

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accordance with the provisions of this chapter, establishing objective standards for determining

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when such alternative methods may be used instead of competitive bidding, including whether the

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character of the facilities, equipment or services is more important than their relative cost.

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     (b)(1) As used in this subsection, "information technology personal property" includes,

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but is not limited to, electronic data processing equipment, other equipment necessary for the

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utilization of information systems, telecommunication equipment or installations, and other

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equipment necessary for the utilization of telecommunication systems.

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     (2) Notwithstanding any provision of the general statutes to the contrary, the chief

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information officer may sell, lease or otherwise dispose of information technology personal

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property. The chief information officer may execute personal service agreements or other

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contracts with outside vendors for such purposes. If any such information technology personal

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property was purchased or improved with the proceeds of tax-exempt obligations issued or to be

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issued by the state, the chief information officer shall notify the state treasurer and obtain the

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approval of the state treasurer, before selling, leasing or disposing of the personal property or

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executing such an agreement or contract for such purpose. The state treasurer may disapprove

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such sale, lease, disposition, agreement or contract only if it would affect the tax-exempt status of

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such obligations and could not be modified to maintain such tax-exempt status.

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     39-21.3-9. Technical services revolving fund. -- There shall be a technical services

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revolving fund in the department of information technology for the purchase, installation and

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utilization of information systems, as defined in section 39-21.2-1, for budgeted agencies of the

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state. The working capital balance allocated to said technical services revolving fund shall be one

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million one hundred thousand dollars ($1,100,000). The chief information officer and the general

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treasurer shall jointly be responsible for the administration of such fund. Said officer and

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treasurer shall develop appropriate review procedures and accountability standards for such fund

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and measures for determining the performance of the fund.

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     39-21.3-10. Capital equipment data processing revolving fund. -- (a) The chief

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information officer is authorized to establish and administer a fund to be known as the capital

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equipment data processing revolving fund which shall be used for the purchase of data processing

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equipment and related items necessary to maintain or improve the state's data processing

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functions. The chief information officer is authorized to expend funds necessary for all reasonable

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direct expenses relating to the administration of said fund.

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     (b) The state investment commission shall have power from time to time to authorize the

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issuance of bonds of the state in one or more series in accordance with the general laws and in a

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principal amount necessary to carry out the purposes of this section, but not in excess of an

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aggregate amount of ten million five hundred thousand dollars ($10,500,000). All of said bonds

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shall be payable at such place or places as may be determined by the treasurer, and shall bear

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such date or dates, mature at such time or times, not exceeding five (5) years from their respective

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dates, bear interest at such rate or different or varying rates and payable at such time or times, be

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in such denominations, be in such form with or without interest coupons attached, carry such

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registration and transfer privileges, be payable in such medium of payment and be subject to such

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terms of redemption with or without premium as may be provided by the authorization of the

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state investment commission or fixed in accordance therewith. The proceeds of the sale of such

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bonds shall be deposited in the capital equipment data processing revolving fund created by this

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section. Such bonds shall be general obligations of the state and full faith and credit of the state of

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Rhode Island and are pledged for the payment of the principal of and interest on such bonds as

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the same become due. Accordingly, and as part of the contract of the state with the holders of

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such bonds, appropriation of all amounts necessary for punctual payment of such principal and

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interest is hereby made and the treasurer shall pay such principal and interest as the same become

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due. Net earnings on investments or reinvestments of proceeds, accrued interest and premiums on

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the issuance of such bonds, after payment therefrom of expenses incurred by the treasurer or state

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investment commission in connection with their issuance, shall be deposited in the general fund

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of the state.

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     39-21.3-11. State agency appropriations and expenditures for information and

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telecommunication systems. -- The chief information officer shall establish a procedure for the

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preparation by state agencies of plans and estimates of expenditure requirements for information

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and telecommunication systems, for consideration for inclusion in the governor's budget

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document. On February 1, 2013, and annually thereafter, the chief information officer shall

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submit to the department of administration a report which sets forth the appropriation to each

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state agency, for the fiscal year in progress, for information and telecommunication systems and

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the actual expenditures for such systems by each such agency as of December 31st of such fiscal

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year. On August 1, 2013, and annually thereafter, the chief information officer shall submit to the

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department of administration such report with respect to the last completed fiscal year.

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     39-21.3-12. Advisory committees authorized – Information and telecommunication

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systems executive steering committee established. -- (a) The chief information officer may

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establish such committees as he or she deems necessary to advise said office in carrying out the

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purposes of this chapter.

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     (b) There is established an information and telecommunication system's executive

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steering committee consisting of the chief information officer, the director of the department of

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administration, the general treasurer, and a representative selected by the board of regents and the

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department of elementary and secondary education and the board of governors for higher

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education. The chief information officer, or his or her designee, shall serve as chairperson of the

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committee. The department of information technology shall serve as staff to the committee. The

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committee shall:

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     (1) Review and approve or disapprove the annual information and telecommunication

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system's strategic plan developed under the provisions of this chapter, state agency estimates of

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expenditure requirements for information and telecommunication systems established under

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section 39-21.2-11, and major telecommunication initiatives;

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     (2) Review, in consultation with the department of information technology, and approve

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or disapprove variances to:

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     (i) The list of approved architectural components for information and telecommunication

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systems for state agencies;

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     (ii) The strategic plan; and

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     (iii) Appropriations for information and telecommunication systems; and

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     (3) Advise the department of information technology on the organization and functions of

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the department. The committee shall submit a report on each approved variance to the general

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assembly. Such report shall include the reasons for the variance and the results of a cost-benefit

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analysis on the variance.

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     39-21.3-13. Technology advisory committee established. -- There is established a

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technology advisory committee consisting of:

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     (1) Four (4) persons from the private sector having training or experience in information

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or telecommunication systems and technologies, one of whom shall be appointed by the speaker

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of the house of representatives, one by the minority leader of the house of representatives, one by

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the president of the senate and one by the minority leader of the senate; and

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     (2) Four (4) state employees with training or experience in such systems or technologies,

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who shall be appointed by the governor.

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     The technology advisory committee shall review reports submitted by the information

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and telecommunication system's executive steering committee or the chief information officer to

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the general assembly and shall provide technical expertise and advice to the general assembly.

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The technology advisory committee shall meet at least once every six (6) months.

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     39-21.3-14. Reports. -- (a) Not later than October first, annually, the chief information

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officer shall submit to the governor and the general assembly:

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     (1) The updated strategic plan established under section 39-21.1-7; and

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     (2) A report on the activities of the department of information technology and cost

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savings and improvements in the efficiency of information and telecommunication systems of

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state agencies, which are attributable to the efforts of said department.

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     (b) Not later than October first, annually, the chief information officer shall submit a

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report to the governor and the general assembly:

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     (1) Specifying potential opportunities for increasing the efficiency or reducing the costs

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of the state's information and telecommunication systems; and

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     (2) Including a plan to realize such opportunities.

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     39-21.3-15. Century date change effect. -- (a) As used in this section, "century date

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change effect" means the management, manipulation, processing, comparing, sequencing and

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other use of date data, including single and multi-century formulae and leap years, by hardware,

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software or firmware, which:

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     (1) May cause or in any way affect abnormal ending dates or generate incorrect or invalid

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values involving such dates; or

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     (2) Is intended to produce, reflect or otherwise reference accurate date-related data

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interface functionality, including the indication of century.

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     (b) The chief information officer shall prepare a plan for managing the century date

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change as it will affect the various information systems of the state. Each state agency shall

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perform an assessment of the condition of its system, including computer hardware, firmware,

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operating systems and all software applications, to determine the extent of modifications, repairs

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or replacements required. Each state agency shall submit such assessment to the chief information

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officer not later than October 1, 2012. The chief information officer shall prioritize a list of

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projects to complete modifications, repairs or system or application replacements. The chief

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information officer shall establish a certification process to assure that the century date change

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has been adequately managed for critical state information systems.

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     (c) The chief information officer may contract on behalf of any state agency, institution,

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office, department, commission, council or instrumentality or any municipality, to ensure that any

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software program used by such entity successfully manages the century date change effect on

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computers, operating systems and all software applications. The chief information officer may

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only enter into such a contract upon request of the entity and certification by the entity, to the

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satisfaction of the chief information officer, that the entity has an immediate century date change

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effect which needs to be managed in order to avoid adversely affecting critical functions.

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     (d) The chief information officer shall, within available appropriations, provide technical

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assistance to any municipality requesting such assistance to help manage the century date change

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effect on computers, operating systems and software applications.

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     39-21.3-16. Management of century date change effect by municipalities –

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Municipal authority to contract for services – Cooperative purchasing plans. -- (a)

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Notwithstanding the provisions of any municipal ordinance, special act or charter governing

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competitive bidding requirements, the chief executive officer of a municipality may, not later

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than December 31, 2012, enter into a contract to ensure that any software program used by the

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municipality successfully manages the century date change effect, as defined in section 39-21.2-

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15, on computers, operating systems and all software applications, without meeting such

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competitive bidding requirements, provided the chief executive officer enters into a contract with

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a vendor that has been approved by the chief information officer, as defined in section 39-21.2-1,

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to provide such services.

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     (b) The chief information officer may join with other state governments, political

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subdivisions of this state or nonprofit organizations in cooperative purchasing plans to contract

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for services to manage the century date change effect when the best interest of the state and

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municipalities would be served. The chief information officer shall make known to the chief

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executive officer of each municipality the existence of such cooperative plans.

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     39-21.3-17. Professional development of information technology employees. -- The

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chief information officer shall, within available appropriations, provide for the professional

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development of the state's information technology employees.

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     39-21.3-18. Definitions. -- As used in this section and sections 39-21.2-19 to 39-21.2-36,

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inclusive:

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     (1) "Contract" means a contract for state agency information system or

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telecommunication system facilities, equipment or services, which is awarded pursuant to this

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chapter.

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     (2) "Contractor" means a business entity or individual who is awarded a contract or an

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amendment to a contract.

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     (3) "Subcontractor" means a subcontractor of a contractor for work under a contract or an

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amendment to a contract.

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     39-21.3-19. Contracts, subcontracts, amendments to include state specifications. --

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Each contract, subcontract or amendment to a contract or subcontract shall include any

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specifications established by the director of the department of administration and/or chief

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purchasing officer and/or the purchasing agent to ensure that all policies, procedures, processes

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and control systems, including hardware, software and protocols, which are established or

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provided by the contractor or subcontractor, shall be compatible with and support the state's core

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financial systems, including, but not limited to, accounting, payroll, time and attendance, and

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retirement systems.

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     39-21.3-20. Subcontract awards. -- (a) No contractor shall award a subcontract for work

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under a contract or for work under an amendment to a contract without the approval of the chief

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information officer or his or her designee of:

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     (1) The selection of the subcontractor; and

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     (2) The provisions of the subcontract.

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     (b) Each such contractor shall file a copy of each executed subcontract or amendment to

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the subcontract with the chief information officer, who shall maintain the subcontract or

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amendment as a public record, as defined in chapter 38-2.

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     39-21.3-21. Public record defined. -- For purposes of this section and sections 39-21.2-

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22 to 39-21.2-27, inclusive, "public record" means a public record, as defined in chapter 38-2,

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and also includes any recorded data or information relating to the conduct of the public's business

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prepared, owned, used, received or retained by a contractor or subcontractor for work under a

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contract, subcontract or amendment to a contract or subcontract, whether such data or information

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be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other

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method.

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     39-21.3-22. Ownership rights and integrity of public records under a contract,

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subcontract or amendment. -- (a) No contractor or subcontractor, or employee or agent of a

11-30

contractor or subcontractor, shall have any ownership rights or interest in:

11-31

     (1) Any public records which the contractor, subcontractor, employee or agent possesses,

11-32

modifies or creates pursuant to a contract, subcontract or amendment to a contract or subcontract;

11-33

or

12-34

     (2) Any modifications by such contractor, subcontractor, employee or agent to such

12-35

public records.

12-36

     (b) No contractor or subcontractor, or employee or agent of a contractor or subcontractor,

12-37

shall impair the integrity of any public records which the contractor, subcontractor, employee or

12-38

agent possesses or creates.

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     (c) Public records which a contractor, subcontractor, or employee or agent of a contractor

12-40

or subcontractor, possesses, modifies or creates pursuant to a contract, subcontract or amendment

12-41

to a contract or subcontract shall at all times and for all purposes remain the property of the state.

12-42

     39-21.3-23. Application of freedom of information act to public records provided to

12-43

contractor or subcontractor. -- (a) Any public record which a state agency provides to a

12-44

contractor or subcontractor shall remain a public record.

12-45

     (b) With regard to any public record, the state agency and the contractor or subcontractor

12-46

shall have a joint and several obligation to comply with the obligations of the state agency under

12-47

the freedom of information act, and chapter 38-2, provided the determination of whether or not to

12-48

disclose a particular record or type of record shall be made as provided by said chapter and by the

12-49

general laws.

12-50

     39-21.3-24. Nondisclosure of public records by contractor or subcontractor. –

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Notwithstanding any other law to the contrary, including, but not limited to, any provisions of

12-52

chapter 38-2, no contractor or subcontractor, or employee or agent of a contractor or

12-53

subcontractor, shall disclose to the public any public records:

12-54

     (1) Which it possesses, modifies or creates pursuant to a contract, subcontract or

12-55

amendment to a contract or subcontract; and

12-56

     (2) Which the state agency:

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     (i) Is prohibited from disclosing pursuant to state or federal law in all cases;

12-58

     (ii) May disclose pursuant to state or federal law only to certain entities or individuals or

12-59

under certain conditions; or

12-60

     (iii) May withhold from disclosure pursuant to state or federal law.

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     No provision of this section shall be construed to prohibit any such contractor from

12-62

disclosing such public records to any of its subcontractors to carry out the purposes of its

12-63

subcontract.

12-64

     39-21.3-25. Prohibition on selling, marketing or otherwise profiting from public

12-65

records. -- No contractor or subcontractor, or employee or agent of a contractor or subcontractor,

12-66

shall sell, market or otherwise profit from the disclosure or use of any public records which are in

12-67

its possession pursuant to a contract, subcontract or amendment to a contract or subcontract,

12-68

except as authorized in the contract, subcontract or amendment.

13-1

     39-21.3-26. Notice to chief information officer of violations. -- Any contractor or

13-2

subcontractor, or employee or agent of a contractor or subcontractor, which learns of any

13-3

violation of the provisions of this chapter shall, no later than seven (7) calendar days after

13-4

learning of such violation, notify the chief information officer of such violation.

13-5

     39-21.3-27. Remedies and penalties for violations. -- (a) If any person violates any

13-6

provision of section 39-21.2-24, 39-21.2-25 or 39-21.2-26, the attorney general may bring an

13-7

action against such person in the superior court for Providence county seeking:

13-8

     (1) Damages on behalf of the state for such violation;

13-9

     (2) Restitution for damages suffered by any person as a result of the violation; or

13-10

     (3) Imposition and recovery of a civil penalty of not more than fifty thousand dollars for

13-11

the violation.

13-12

     (b) In addition to the remedies under subsection (a) of this section, any person aggrieved

13-13

by a violation of any provision of section 39-21.2-24, 39-21.2-25 or 39-21.2-26 may bring an

13-14

action in Superior Court to recover any damages suffered as a result of such violation.

13-15

     (c) In any action brought under subsection (a) or (b) of this section, the court may:

13-16

     (1) Order disgorgement of any profits or other benefits derived as a result of a violation

13-17

of any provision of section 39-21.2-24, 39-21.2-25 or 39-21.2-26;

13-18

     (2) Award punitive damages, costs or reasonable attorneys' fees; or

13-19

     (3) Order injunctive or other equitable relief. Proof of public interest or public injury

13-20

shall not be required in any action brought under subsection (a) or (b) of this section. No action

13-21

may be brought under subsection (a) or (b) of this section more than three (3) years after the

13-22

occurrence of such violation.

13-23

     (d) Any person who knowingly and willfully violates any provision of section 39-21.2-

13-24

24, 39-21.2-25 or 39-21.2-26 shall, for each such violation, be fined not more than five thousand

13-25

dollars ($5,000) or imprisoned not less than one year nor more than five (5) years, or be both

13-26

fined and imprisoned.

13-27

     39-21.3-28. General assembly access to state agency records under contracts,

13-28

subcontracts and amendments thereto. -- Each contract, subcontract or amendment to a

13-29

contract or subcontract shall include provisions ensuring that the joint committee on legislative

13-30

services and each nonpartisan office of the general assembly shall continue to have access to state

13-31

agency records that is not less than the access that said committee and such offices have on July

13-32

1, 2012.

13-33

     39-21.3-29. Interagency agreement between joint committee on legislative services

13-34

and chief information officer. -- The joint committee on legislative services and the chief

14-1

information officer may, by interagency agreement, provide for the general assembly:

14-2

     (1) To receive information system and telecommunication system facilities, equipment

14-3

and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts; and

14-4

     (2) To interconnect with state agency information systems and telecommunication

14-5

systems.

14-6

     39-21.3-30. Interagency agreement between chief court administrator and chief

14-7

information officer. -- The chief court administrator and the chief information officer may, by

14-8

interagency agreement, provide for the judicial department:

14-9

     (1) To receive information system and telecommunication system facilities, equipment

14-10

and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts; and

14-11

     (2) To interconnect with state agency information systems and telecommunication

14-12

systems.

14-13

     39-21.3-31. Interagency agreements between constitutional officers and chief

14-14

information officer. -- The office of the governor, lieutenant governor, treasurer, attorney

14-15

general and/or the secretary of the state and the chief information officer may, by interagency

14-16

agreement, provide for such office:

14-17

     (1) To receive information system and telecommunication system facilities, equipment

14-18

and services pursuant to contracts, subcontracts or amendments to contracts or subcontracts; and

14-19

     (2) To interconnect with other state agency information systems and telecommunication

14-20

systems.

14-21

     39-21.3-32. Continuity of systems in event of expiration or termination of contract,

14-22

amendment or subcontract or default of contractor or subcontractor. -- Each contract,

14-23

subcontract or amendment to a contract or subcontract shall include provisions ensuring

14-24

continuity of state agency information system and telecommunication system facilities,

14-25

equipment and services, in the event that work under such contract, subcontract or amendment is

14-26

transferred back to the state or transferred to a different contractor, upon the expiration or

14-27

termination of the contract, subcontract or amendment or upon the default of the contractor or

14-28

subcontractor. Such provisions shall include, but not be limited to:

14-29

     (1) Procedures for the orderly transfer to the state of:

14-30

     (i) Such facilities and equipment;

14-31

     (ii) All software created or modified pursuant to the contract, subcontract or amendment;

14-32

and

14-33

     (iii) All public records which the contractor or subcontractor possesses or creates

14-34

pursuant to such contract, subcontract or amendment; and

15-1

     (2) Procedures for granting former state employees who were hired by such contractor or

15-2

subcontractor the opportunity for reemployment with the state.

15-3

     39-21.3-33. Review of contracts and amendments entered into pursuant to

15-4

department of administration requests for proposals. -- (a) No contracts or amendments to

15-5

contracts for information system or telecommunication system facilities, equipment or services,

15-6

which are entered into by any state agency:

15-7

     (1) Pursuant to the request for proposal issued by the department of administration prior

15-8

to the establishment of the department of information technology; or

15-9

     (2) In the event such request for proposal is withdrawn, suspended or superseded,

15-10

pursuant to any similar request for proposal issued by the department of administration or the

15-11

department of information technology, shall be effective except as provided in this section and

15-12

sections 39-21.2-34 and 39-21.2-35.

15-13

     (b) Upon the execution of any such contract or amendment, and upon the execution of

15-14

any subsequent contract or amendment, the state agency shall promptly file the contract or

15-15

amendment with the state auditor general.

15-16

     (c) Not later than seventy-five (75) days after any such contract or amendment is filed

15-17

with the state auditor general, such auditor:

15-18

     (1) Shall conduct an independent evaluation of the contract or amendment to determine

15-19

whether the provisions of the contract or amendment serve the best interests of the state,

15-20

including, but not limited to:

15-21

     (i) Efficiency;

15-22

     (ii) Economy;

15-23

     (iii) Contractor qualifications, including, but not limited to, capacity for performance and

15-24

accountability; and

15-25

     (iv) Effective delivery of services; and

15-26

     (2) Shall submit a report on their findings and conclusions, and the contract or

15-27

amendment, to the general assembly, through the clerks of the house of representatives and the

15-28

senate. The state auditor general may, at any time before or after receipt of any such contract or

15-29

amendment, execute contracts with independent consultants for assistance in conducting such

15-30

evaluation and preparing such report.

15-31

     (d) Upon receipt of a report and a contract or amendment from the state auditor general

15-32

under subsection (c) of this section, the speaker of the house of representatives and the president

15-33

of the senate shall refer the report and contract or amendment to the joint standing committees of

15-34

the general assembly having cognizance of matters relating to appropriations and the budgets of

16-1

state agencies and government administration, for their review. Such contract or amendment shall

16-2

take effect forty-five (45) days after the state auditor general submits the report and contract or

16-3

amendment to the general assembly unless the general assembly rejects such contract or

16-4

amendment as a whole by a three- fifths (3/5) vote of either house.

16-5

     39-21.3-34. Disqualification of potential contractors and subcontractors which

16-6

participate in department of administration requests for proposals process. -- (a) No

16-7

business entity or individual shall be awarded a contract or amendment to a contract which is

16-8

subject to the provisions of section 39-21.2-45, if the business entity or individual directly or

16-9

indirectly participates in any of the following activities on behalf of the state concerning such

16-10

contract or amendment or any other contract or amendment to a contract for state agency

16-11

information system or telecommunication system facilities, equipment or services: Preparation of

16-12

the request for information or request for proposals, development of bid specifications or proposal

16-13

requirements, evaluation of bids or proposals, or negotiations with potential contractors.

16-14

     (b) No business entity or individual who is awarded any such contract or amendment may

16-15

award a subcontract for any work under such contract or amendment to any business entity or

16-16

individual who has participated in any of such activities listed in subsection (a) of this section.

16-17

     39-21.3-35. Hiring of state employees by contractors and subcontractors. -- With

16-18

respect to any state employee whose position is eliminated or who is laid off as a result of any

16-19

contract or amendment to a contract which is subject to the provisions of this chapter:

16-20

     (1) The contractor shall hire the employee, upon application by the employee, unless the

16-21

employee is hired by a subcontractor of the contractor; or

16-22

     (2) The employee may transfer to any vacant position in state service for which he or she

16-23

is qualified, to the extent allowed under the provisions of existing collectively bargained

16-24

agreements and the general statutes. If the contractor or any such subcontractor hires any such

16-25

state employee and does not provide the employee with fringe benefits which are equivalent to, or

16-26

greater than, the fringe benefits that the employee would have received in state service, the state

16-27

shall, for two (2) years after the employee terminates from state service, provide to the employee

16-28

either:

16-29

     (i) The same benefits that he or she received from the state; or

16-30

     (ii) Compensation in an amount which represents the difference in the value of the fringe

16-31

benefits that he or she received when in state service and the fringe benefits that he or she

16-32

receives from the contractor or subcontractor.

16-33

     39-21.3-36. Disqualification of potential contractors and subcontractors for past

16-34

nonperformance. -- No contract or subcontract for state agency information system or

17-1

telecommunication system facilities, equipment or services may be awarded to any business

17-2

entity or individual pursuant to this chapter if such business entity or individual previously had a

17-3

contract with the state or a state agency to provide information system or telecommunication

17-4

system facilities, equipment or services and such prior contract was finally terminated by the state

17-5

or a state agency within the previous five (5) years for the reason that such business entity or

17-6

individual failed to perform or otherwise breached a material obligation of the contract related to

17-7

information system or telecommunication system facilities, equipment or services. If the

17-8

termination of any such previous contract is contested in an arbitration or judicial proceeding, the

17-9

termination shall not be final until the conclusion of such arbitration or judicial proceeding. If the

17-10

fact-finder determines, or a settlement stipulates, that the contractor failed to perform or

17-11

otherwise breached a material obligation of the contract related to information system or

17-12

telecommunication system facilities, equipment or services, any award of a contract pursuant to

17-13

said chapter or sections during the pendency of such arbitration or proceeding shall be rescinded

17-14

and the bar provided in this section shall apply to such business entity or individual.

17-15

     SECTION 2. This act shall take effect upon passage.

=======

LC01677

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - ESTABLISHING THE STATE

DEPARTMENT OF INFORMATION TECHNOLOGY

***

18-1

     This act would create a new state department of information technology. The department

18-2

would be operated by a chief information officer appointed by the governor, with the advice and

18-3

consent of the senate. The new department would have authority and responsibility to maintain

18-4

and develop state and municipal telecommunication facilities and to purchase appropriate

18-5

equipment and services. The chief information officer would be directed to establish rules and

18-6

regulations to advance the provisions of this chapter.

18-7

     This act would take effect upon passage.

=======

LC01677

=======