CHAPTER 207

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY ADDING A NEW CHAPTER THERETO ESTABLISHING A STATE CENTRAL DATA PROCESSING DIVISION; NAMING THE GOVERNING AUTHORITY OF SUCH DIVISION AND ESTABLISHING THEIR POWERS AND DUTIES; PROVIDING FOR THE EMPLOYMENT OF A DIRECTOR OF SUCH DIVISION AND ESTABLISHING HIS POWERS AND DUTIES; PROVIDING FOR THE EMPLOYMENT OF PERSONNEL OF THE DIVISION, INCLUDING TECHNICAL EMPLOYEES, AND FOR OTHER RELATED PURPOSES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, is hereby amended by adding a new chapter thereto to be designated as Chapter 66 and to read as follows:

CHAPTER 66. STATE CENTRAL DATA

PROCESSING DIVISION

§ 6601. Preamble; establishment of State Central Data Processing Division

The General Assembly hereby recognizes that in order for the State of Delaware to receive the maximum use and benefit from data processing, computer and telecommunications equipment now in operation, or which will in the future be placed in operation, there should be full cooperation and cohesive planning and effort by and between the several state agencies and that it is the responsibility of the said General Assembly to provide statutory authority therefor. The General Assembly, therefore, declares and determines that for these and other related purposes there is hereby established, under the Budget Director, a division of state government to be known as the State Central Data Processing Division; and for the purposes of this Act the term "division" shall be construed to mean "State Central Data Processing Division".

§ 6602. Director; duties

The Budget Director shall select a director, who shall be the administrative officer of the division and shall perform such duties as are required of him by law, and such other duties as may be assigned him by the Budget Director. The director shall offer such professional or technical advice and assistance to the Budget Director as may be required of him.

§ 6603. Director; powers; acquiring equipment

The director is hereby empowered and directed to make continuing and special studies of all facets of data processing, computer and computer-related telecommunications concepts in state government, or systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including approval or disapproval of systems installed or to be installed, or of changes or additions in or to equipment in any or all of the various state agencies, regardless of the method or source of funding.

No data processing, computer, or computer-related telecommunications equipment may be purchased, leased, rented or otherwise acquired by any state agency, department or institution without prior written approval of the Director of the division or by appeal from the Director's decisions to the Budget Director and his favorable decision thereon. Such approval shall not be made unless said Director has received complete details, including rental costs, detailed machine and equipment specifications, programs to be processed and any other data which he may require. All such data and pertinent programming information shall be furnished to the director at least ninety (90) days prior to the executing of any purchase, lease or rental contract. Furthermore, no purchase, lease or rental contracts in existence upon the date this act becomes effective shall continue in existence for a period of more than twelve (12) months from the date of such passage.

It shall be the duty of the Director to suggest and cause to be brought about cooperation between the several state agencies, departments and institutions in order that work requiring same may be done by one agency for another agency, and equipment and/or technical personnel in one agency may be made available to another agency, and to suggest and cause to be brought about such improvements as may be necessary in joint or cooperative data processing operations. The Director, with the consent of the Budget Director, is authorized to purchase, lease or rent data processing equipment in the name of the division and to operate said equipment in providing services to one or more state agencies, departments and institutions. When in the opinion of the Budget Director better and more efficient data processing services can be performed, the Director may enter into lease or purchase agreements with state agencies in the acquiring or the use of any data processing equipment and use such equipment in a consolidated or cooperative program. In the event the division shall become a cooperative or consolidated data processing operating agency, the cost of such operation shall be prorated among the state agencies utilizing the data processing services provided thereby. The Director shall be required to decide on the number of data processing centers, including the size of each, and shall be empowered to pick the site or sites for said centers and the controlling agency.

Any consolidated or cooperative plan approved by the Director shall be carried out in accordance with the provisions of such plan. The director shall be the referee in all matters pertaining to the Division of cost of data processing operations between the several agencies, although his findings may be subject to the approval of the Budget Director in his discretion, on appeal to him. The director of the division shall maintain as a paramount consideration at all times, however, the successful internal organization and duties of the several agencies so that efficiency existing herein shall not be adversely affected or impaired by such decisions as are made. It is hereby declared to be the intent of the General Assembly that the director of the division shall be the final clearing agent for all matters pertaining to the purchase, lease, rent, or other method of acquisition of all data processing, computer and computer-related telecommunications systems installed or about to be installed, added to or changed within the several agencies of the State of Delaware except upon appeal to the Budget Director as herein provided. No authorization shall be given for the expenditure of any general or special funds for the cost of any data processing equipment or services which are incurred in violation of this Act.

§ 6604. Appeals to Budget Director

The Budget Director with subsequent approval of the Budget Commission shall act upon all appeals of decisions made by the Director thereof and shall upon such appeals, approve or disapprove such administrative actions as may be taken by the Director. The form of an appeal to the Budget Director from an action or recommendation of the Director thereof shall be a written communication from the executive head of the agency or agencies involved to the Budget Director, stating the objection, and a request to appear before the Budget Director to present the case in point, on which appeal the Budget Director shall take such action as is indicated by the facts presented to or made available to him and shall request concurrence of the Budget Commission with such action.

§ 6605. Rules and regulations; promulgation by Budget Director

The Budget Director shall promulgate such reasonable rules and regulations as shall be necessary and proper to carry out the provisions of this Act and of such other acts, the administration of which shall be vested with the Director, but no such rule or regulation shall be in conflict with any applicable statute.

The Director shall be required to establish standards for operation of all data processing installations and to place said operation under the periodic review in order to assess the performance thereof. Recommended changes shall be suggested to the controlling agency and if compliance is not forthcoming, the Director shall be empowered to direct that such recommendations be implemented. The above review will cover organization and staffing as well as operations.

§ 6606. Personnel; expenditures

The Director upon appointment shall submit the desired central organization and the required technical and clerical personnel to staff the central office. The director is charged with the responsibility for justification of all data processing expenditures and request for same to the Governor and General Assembly utilizing assistance from the individual centers as he deems necessary.

§ 6607. Severability

If any paragraph, sentence, clause, phrase, or work of this Act shall for any reason be held unconstitutional, such holding of unconstitutionality shall not affect any of the remaining portions of this Act.

Section 2. This Act shall take effect upon approval of the Governor.

Approved July 7,1969.