LBD08145-05-0
S. 8067 2
affordable high-speed broadband services available to all citizens and
businesses statewide. Such deployment will enhance opportunities for
citizens, businesses and communities to compete in today's knowledge-
based economy, especially in underserved and unserved urban and rural
economies.
The legislature also recognizes the need to support collaborative
programs for developing and training a skilled information technology
workforce and address barriers such as the digital divide so that all
New York citizens can participate in opportunities for economic growth
and development.
S 2. The article heading of article 1 of the state technology law, as
added by chapter 430 of the laws of 1997, and as renumbered by chapter
437 of the laws of 2004, is amended to read as follows:
ARTICLE I
OFFICE [FOR TECHNOLOGY] OF THE CHIEF INFORMATION OFFICER
S 3. Sections 101, 102, 103, 104 and 105 of the state technology law,
as added by chapter 430 of the laws of 1997 and subdivisions 12, 12-a
and 12-b of section 103 as added by section 1 of part B of chapter 56 of
the laws of 2000, subdivision 17 of section 103 as added by chapter 4 of
the laws of 1999, and such sections as renumbered by chapter 437 of the
laws of 2004, are amended to read as follows:
S 101. Definitions. As used in this article the following terms shall
mean:
1. "Council" means the INFORMATION TECHNOLOGY EXECUTIVE STRATEGIC
advisory council [for technology].
2. ["Director" means the director of the office] "CHIEF INFORMATION
OFFICER" MEANS THE NEW YORK STATE CHIEF INFORMATION OFFICER.
3. "Office" means the office [for technology] OF THE CHIEF INFORMATION
OFFICER.
4. "State agency" means any department, board, bureau, commission,
division, office, council, committee or officer of the state; ALL PUBLIC
BENEFIT CORPORATIONS AND PUBLIC AUTHORITIES, THE HEADS OF WHICH ARE
APPOINTED BY THE GOVERNOR; AND THE STATE UNIVERSITY OF NEW YORK AND THE
CITY UNIVERSITY OF NEW YORK, PROVIDED, HOWEVER, THAT THE POWERS AND
DUTIES OF THE OFFICE SHALL EXTEND ONLY TO BUSINESS AND ADMINISTRATIVE
FUNCTIONS OF SUCH UNIVERSITIES COMMON TO STATE GOVERNMENT. Such term
shall not include the legislature or judiciary.
5. "Technology" means a good, service, or good and service that
results in a digital, electronic or similar technical method of achiev-
ing a practical purpose or in improvements in productivity, including
but not limited to information management, equipment, software, operat-
ing systems, interface systems, interconnected systems, telecommuni-
cations, data management, VOICE AND DATA networks, and network manage-
ment, consulting, supplies, facilities, ANCILLARY PRODUCTS AND SERVICES,
maintenance [and], SUPPORT, PROGRAMMING, PROJECT MANAGEMENT, training
AND ANY OTHER RELATED GOODS AND SERVICES.
6. "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, LOCAL PUBLIC BENE-
FIT CORPORATION OR OTHER MUNICIPAL CORPORATION OR POLITICAL SUBDIVISION
OF THE STATE.
S 102. Office [for technology; director] OF THE CHIEF INFORMATION
OFFICER; HEAD, organization and employees. 1. The office [for technolo-
gy] OF THE CHIEF INFORMATION OFFICER is hereby created within the execu-
tive department to have and exercise the functions, powers and duties
provided by the provisions of this article and any other provision of
law.
S. 8067 3
2. The head of the office shall be the [director of the office, who
shall serve as the chief technology officer for the state of New York
and shall be designated as management confidential in the noncompetitive
class in accordance with the civil service law. The director] CHIEF
INFORMATION OFFICER, WHO shall be the chief executive [officer] of and
in sole charge of the administration of the office. The [director] CHIEF
INFORMATION OFFICER shall be entitled to receive reimbursement for
expenses actually and necessarily incurred by him or her in the perform-
ance of his or her duties.
3. The [director] CHIEF INFORMATION OFFICER may, from time to time,
create, abolish, transfer and consolidate bureaus and other units within
the office not expressly established by law as he or she may determine
necessary for the efficient operation of the office, subject to the
approval of the director of the budget.
4. The [director] CHIEF INFORMATION OFFICER may appoint, in accordance
with the civil service law, such deputies, assistants, and other offi-
cers and employees, committees and consultants as he or she may deem
necessary[,] prescribe their powers and duties, fix their compensation,
and provide for reimbursement of their expenses within the amounts
appropriated therefor. THE CHIEF INFORMATION OFFICER MAY APPOINT WORK
GROUPS, COMMITTEES, COUNCILS, TASK FORCES OR OTHER SUCH ENTITIES NECES-
SARY TO CARRY OUT THE FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
5. The [director] CHIEF INFORMATION OFFICER may request and receive
from any [department, division, board, bureau, commission or other agen-
cy of the state] STATE AGENCY or any [political subdivision thereof or
any public authority, staff and other] LOCAL GOVERNMENT, assistance,
information, and resources as will enable the office to properly carry
out its functions, powers and duties.
6. THE CHIEF INFORMATION OFFICER SHALL, AMONG OTHER DUTIES:
(A) OVERSEE, DIRECT AND COORDINATE THE ESTABLISHMENT OF INFORMATION
TECHNOLOGY PLANS, POLICIES, PROCEDURES, PROTOCOLS AND STANDARDS FOR
STATE GOVERNMENT, INCLUDING HARDWARE, SOFTWARE, SERVICES AND OPERATIONS;
(B) OVERSEE AND COORDINATE THE DEVELOPMENT, ACQUISITION, DEPLOYMENT
AND MANAGEMENT OF INFORMATION TECHNOLOGY RESOURCES FOR STATE GOVERNMENT;
(C) COORDINATE AND FACILITATE INFORMATION SHARING BETWEEN AND AMONG
STATE GOVERNMENT, LOCAL GOVERNMENTS, OTHER STATES, THE FEDERAL GOVERN-
MENT, OTHER TECHNOLOGY-RELATED PUBLIC AND PRIVATE ENTITIES AND INSTI-
TUTIONS OF HIGHER LEARNING TO PROMOTE THE USE AND DEPLOYMENT OF INFORMA-
TION TECHNOLOGY THAT WILL IMPROVE THE DELIVERY OF GOVERNMENT SERVICES;
(D) WORK WITH STATE GOVERNMENT, LOCAL GOVERNMENTS, THE FEDERAL GOVERN-
MENT, OTHER TECHNOLOGY-RELATED PUBLIC AND PRIVATE ENTITIES AND INSTI-
TUTIONS OF HIGHER LEARNING AND PRIVATE ENTERPRISES TO FURTHER THE
STATE'S ENTERPRISE STRATEGIC TECHNOLOGY PLAN;
(E) DEVELOP STRATEGIES TO IMPROVE THE STATE WORKFORCE'S ABILITY TO
EMPLOY NEEDED INFORMATION TECHNOLOGIES, AND OVERSEE AND COORDINATE THE
IMPLEMENTATION OF SUCH STRATEGIES; AND
(F) DEVELOP, IN CONSULTATION WITH THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, EDUCATION DEPARTMENT, DEPARTMENT OF LABOR, DEPARTMENT OF STATE,
DEPARTMENT OF PUBLIC SERVICE AND OTHER STATE AGENCIES, PUBLIC AUTHORI-
TIES, LOCAL GOVERNMENTS, FEDERAL GOVERNMENT, PUBLIC AND PRIVATE EDUCA-
TIONAL INSTITUTIONS, AND OTHER PUBLIC AND PRIVATE ENTITIES, OPPORTU-
NITIES FOR CITIZENS, BUSINESSES AND COMMUNITIES ACROSS THE STATE THROUGH
THE USE OF INFORMATION TECHNOLOGY FOR WORKFORCE DEVELOPMENT AND TO
ENHANCE EDUCATIONAL AND ECONOMIC OPPORTUNITIES.
7. ALL REFERENCES IN LAW AND REGULATION TO THE OFFICE FOR TECHNOLOGY
AND THE DIRECTOR OF THE OFFICE FOR TECHNOLOGY SHALL BE DEEMED TO BE
S. 8067 4
REFERENCES TO THE OFFICE OF THE CHIEF INFORMATION OFFICER AND THE CHIEF
INFORMATION OFFICER, RESPECTIVELY.
8. THE OFFICE OF THE CHIEF INFORMATION OFFICER SHALL, ON THE EFFECTIVE
DATE OF THIS SUBDIVISION, BE AUTOMATICALLY AND WITHOUT FURTHER PROCESS,
CONSIDERED A SUCCESSOR IN INTEREST TO, AND ASSUME ALL RIGHTS AND RESPON-
SIBILITIES OF, THE OFFICE FOR TECHNOLOGY UNDER ANY CONTRACTS, SERVICE
LEVEL AGREEMENTS, SITE LICENSE AGREEMENTS, LEASES, PERMITS, MEMORANDA OF
UNDERSTANDING, AND ALL OTHER SUCH DOCUMENTS, AS WELL AS ANY LEAD AGENCY
DESIGNATIONS UNDER, BUT NOT LIMITED TO, THE STATE ENVIRONMENTAL QUALITY
REVIEW ACT.
S 103. Functions, powers and duties of the office. The office shall
have the following functions, powers and duties:
1. To act as the official state planning and coordinating office for
the advancement of technology to improve government efficiency and
effectiveness, and perform all necessary and appropriate services
required to fulfill these duties;
2. To advise and assist [the] state agencies in developing STRATEGIC
AND OPERATIONAL policies, plans and programs for improving the statewide
coordination, administration, [security,] confidentiality, program
effectiveness, acquisition and deployment of [technology] TECHNOLOGIES
WHICH ALIGN THE POLICIES AND STRATEGIES DEVELOPED BY THE OFFICE;
3. To perform technology reviews and make recommendations for improv-
ing management and program effectiveness pertaining to technology ACQUI-
SITION, DEPLOYMENT AND OPERATIONS;
4. To review and coordinate the purchase of technology by state agen-
cies AS SET FORTH IN POLICIES AND PROCEDURES FOR PLANS TO PROCURE TECH-
NOLOGY. Where applicable, such review shall include but not be limited
to[:] assessing: consistency with the statewide strategic technology
plan and agency technology [plan] PLANS; statewide technology standards;
[the safeguarding of information privacy; security of confidential
records; and] proper dissemination of public information; STATEWIDE
INFORMATION SECURITY POLICIES, STANDARDS, PROTOCOLS AND PROCEDURES
ESTABLISHED BY THE OFFICE OF CYBER SECURITY AND CRITICAL INFRASTRUCTURE
COORDINATION; AND DISASTER RECOVERY PLANNING;
5. To establish, oversee, manage, coordinate and facilitate the plan-
ning, design [and], implementation, DEVELOPMENT AND USE of the state's
common technology networks;
6. To undertake research, studies and analyses, and act as a central
repository, clearinghouse and disseminator of research studies, with
respect to technology;
7. To facilitate and coordinate the improvement of program delivery
services through technology with and among other departments, divisions
and agencies of the state, AND its [political subdivisions and munici-
palities] LOCAL GOVERNMENTS;
7-A. TO PROVIDE TECHNOLOGY SERVICES WHEN APPROPRIATE TO STATE AGEN-
CIES, AND WHEN REQUESTED AND APPROPRIATE TO LOCAL GOVERNMENTS, PRIVATE
ENTITIES TO THE EXTENT NOT OTHERWISE PROHIBITED BY LAW, AND ANY OTHER
BRANCHES OF STATE GOVERNMENT;
8. To encourage and foster the exchange of and increase access to
information within and among STATE AGENCIES, LOCAL GOVERNMENTS, THE
FEDERAL GOVERNMENT, public and private entities and individuals AND
INSTITUTIONS OF HIGHER LEARNING in order to improve the delivery of
state programs and services of the state;
9. To undertake technology projects with a statewide or multi-agency
impact and, where appropriate, designate agencies to act as lead agency
for the project;
S. 8067 5
10. To establish statewide [technology policies, including but not
limited to preferred technology standards and security] POLICIES, STAND-
ARDS AND PROGRAMS CONCERNING THE IMPLEMENTATION AND OPERATIONS OF TECH-
NOLOGY ACROSS THE STATE ENTERPRISE INCLUDING LOCAL GOVERNMENTS;
10-A. TO IMPLEMENT THE SECURITY POLICIES, PROTOCOLS AND PROCEDURES
ESTABLISHED BY THE OFFICE OF CYBER SECURITY AND CRITICAL INFRASTRUCTURE
COORDINATION FOR THOSE STATE INFORMATION TECHNOLOGY ASSETS MANAGED BY
THE OFFICE;
11. To adopt, amend, or rescind rules and regulations necessary or
convenient to the performance of the functions, powers and duties of the
office pursuant to the state administrative procedure act;
12. [To complete a comprehensive study of existing state information
resource technology infrastructure to the extent that the information is
available.
Such study shall include, but not be limited to, inventories of:
(a) state operations' computer hardware and software;
(b) major physical infrastructures supporting existing operations,
including power, air conditioning, space and other environmental needs;
(c) the telecommunications and other networks supporting existing
operations;
(d) personnel associated with existing operations and management;
(e) expected retirement schedule of existing computer hardware and
software and replacement costs; and
(f) data processing consulting and contracting services utilized.
Such study shall be completed and submitted to the governor, the
temporary president of the senate and the speaker of the assembly on or
before October first, two thousand two. The office shall provide interim
reports on October first, two thousand and October first, two thousand
one.
12-a.] To develop:
(a) a methodology to ascertain how much the state spends on technology
goods and services;
(b) a process to PERIODICALLY update the STATEWIDE computer hardware
and software inventory [periodically];
(c) a methodology to determine the expected life-cycle of state oper-
ations' computer hardware and software which shall include the total
cost of ownership; and
(d) formal BUSINESS CONTINUITY AND disaster recovery plans for the
state data center FACILITIES, INCLUDING THE ENTERPRISE TECHNOLOGY
CENTER, and statewide [network] VOICE AND DATA, WIRED OR WIRELESS
NETWORKS, NY e-net, FUTURE NETWORKS AND DATA CENTERS OR COMPUTING OPER-
ATIONS AND SERVICES OF ANY SIZE AND TYPE; such plans shall be confiden-
tial.
Such developments shall be completed and submitted to the governor,
the temporary president of the senate and the speaker of the assembly on
[or before October first, two thousand three] A PERIODIC BASIS AS
UPDATES ARE REQUESTED OR REQUIRED.
[12-b.] 12-A. To request and shall receive from any department, divi-
sion, board, commission or other agency of the state any information and
resources necessary to carry out the responsibilities and provisions set
forth in [subdivisions] SUBDIVISION twelve [and twelve-a] of this
section.
13. To establish a multi-year statewide [strategy] ENTERPRISE STRATE-
GIC plan covering a time period of not less than three years to promote
and coordinate interagency AND INTERGOVERNMENTAL technology efforts and
initiatives that conform to the state's overarching programmatic [poli-
S. 8067 6
cy] STRATEGIC PRIORITIES AND POLICIES, under which state agencies shall
develop their information TECHNOLOGY resource management STRATEGIES AND
OPERATIONAL plans AS SUBPLANS TO THE STATE'S ENTERPRISE STRATEGIC PLAN.
Such [plan] SUBPLANS shall be ADDENDUMS TO THE STATE'S ENTERPRISE STRA-
TEGIC PLAN, AND THE PLAN SHALL BE submitted to the governor, the tempo-
rary president of the senate and the speaker of the assembly upon
completion on or before October first, two thousand. Such plan shall be
updated as needed, but not less than once every three years;
14. [To coordinate state budget submission to address known year two
thousand conversion issues;
15.] To conduct selective evaluations of technology activities in
state agencies; [and]
[16.] 15. To perform such acts, directly or by other means, as are
necessary or convenient to carry out the office's functions, powers and
duties[.];
[17.] 16. To enter into contracts with any person, firm, corporation,
not-for-profit corporation, [political subdivision of the state,] or
governmental entity[.];
17. TO ESTABLISH A NEW YORK STATE WEB PORTAL AND APPROPRIATE ELECTRON-
IC GOVERNMENT POLICIES TO ENSURE THE MOST EFFECTIVE USE OF INTERNET
TECHNOLOGY TO IMPROVE SERVICE TO CITIZENS, BUSINESSES AND VISITORS TO
THE STATE; AND
18. TO OVERSEE AND COORDINATE THE DEPLOYMENT OF BROADBAND INTERNET
ACCESS AROUND THE STATE.
S 104. [Advisory] INFORMATION TECHNOLOGY EXECUTIVE STRATEGIC council
[for technology]. 1. There shall be within the office, an [advisory]
EXECUTIVE STRATEGIC council [for technology], WHOSE PURPOSE SHALL BE TO
PROVIDE ADVICE ON ENTERPRISE INFORMATION TECHNOLOGY INVESTMENTS FOR NEW
YORK STATE, REFERRED TO HEREAFTER AS THE COUNCIL. [The director of the
office shall serve as chair of the council.] The council shall be
composed of [a minimum of] nine [information resource management direc-
tors or their equivalent] AGENCY HEADS appointed by the governor INCLUD-
ING THE NEW YORK STATE CHIEF INFORMATION OFFICER WHO SHALL SERVE AS
CHAIR OF THE COUNCIL. [The governor's appointments shall be selected
from state agencies.] THE AGENCY HEADS MAY APPOINT IN WRITING A DESIGNEE
TO SERVE ON THE COUNCIL. In addition, one MEMBER shall be appointed TO
SERVE FROM WITHIN THE SENATE OR FROM SENATE STAFF upon recommendation of
the temporary president of the senate and one MEMBER shall be appointed
TO SERVE FROM WITHIN THE ASSEMBLY OR FROM ASSEMBLY STAFF upon the recom-
mendation of the speaker of the assembly.
2. The members of the council shall receive no compensation for their
services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties.
S 105. Functions, powers and duties of the council. The council shall
have the following functions, powers and duties:
1. [To] UPON THE REQUEST OF THE CHIEF INFORMATION OFFICER, TO review
and comment on all rules and regulations of the office;
2. To provide guidance and support to the office in the development of
any statewide plan for the further development and improvement of the
state's technology acquisitions;
3. To recommend surveys and reports to be completed by the [director]
CHIEF INFORMATION OFFICER to carry out all of the objectives and
purposes of this article; and
4. To perform such other acts as may be assigned by the chairperson of
the council which are necessary or appropriate to carry out the func-
tions of the council.
S. 8067 7
S 4. Subdivision 4 of section 163-a of the state finance law, as
amended by chapter 437 of the laws of 2004, is amended to read as
follows:
4. The state agency together with the office [for technology] OF THE
CHIEF INFORMATION OFFICER determines that the restriction is not in the
best interest of the state. Such office shall notify each member of the
advisory council established in article one of the state technology law
of any such waiver of these restrictions.
S 5. This act shall take effect immediately.