CHAPTER 86

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 215

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE BY ESTABLISHING A NEW CHAPTER 90C CREATING THE DEPARTMENT OF TECHNOLOGY AND INFORMATION AND DEFINING THE FUNCTIONS OF THE CHIEF INFORMATION OFFICER OF THE STATE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 29 of the Delaware Code by adding a new Chapter 90C as follows:

“Chapter 90C – Department of Technology and Information.

§ 9001C. Intent and Purpose.

The General Assembly finds and declares that the way it manages information technology will play a strong role in determining the future success of the State. Information technology resources in state government are valuable strategic assets belonging to the citizens of Delaware and must be managed accordingly. The development and implementation of a single, common, statewide technology direction is fundamental to every aspect of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware. The General Assembly further finds and declares that the creation of a new Department will best support the State in this endeavor to unify its technology strategy while identifying those solutions which will best improve service delivery to the citizens of Delaware.

§ 9002C. Establishment of the Department of Technology and Information.

A Department of Technology and Information is established, and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter and where consistent with express provisions of this chapter, the power and duty to perform all the powers, duties and functions heretofore vested in the Office of Information Services by Sections 6352, 6353, 6354, 6357, 6358, and 6360 of this Title.

§ 9003C. Definitions.

(a) ‘CIO’ means Chief Information Officer of the State of Delaware.

(b) ‘State’ means State of Delaware.

(c) ‘Council’ means Technology Investment Council.

(d) ‘OIS’ means the Office of Information Services as defined in §6353, Title 29, Delaware Code.

(e) ‘Department’ means the Department of Technology and Information.

(f) ‘Technology’ means computing and telecommunications systems, their supporting infrastructure, and interconnectivity used to acquire, transport, process, analyze, store, and disseminate information or data electronically. The term ‘technology’ includes systems and equipment associated with e-government and internet initiatives.

§ 9004C. Powers, Duties and Functions of the Department.

The Department of Technology and Information shall have the following powers, duties and functions. The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner.

a. The powers and duties described in Section 9001C.

b. Provide staff support to the Technology Investment Council.

c. Implement state-wide and interagency technology solutions, policies, standards, and guidelines as recommended by the Technology Investment Council on an ongoing basis and the CIO.

d. Perform policies and procedures as directed by the CIO.

§ 9005C. Chief Information Officer.

(a) The Administrator of the Department shall be the State’s Chief Information Officer. The CIO shall be appointed by the Governor, with the advice and consent of the Senate, shall serve at the pleasure of the Governor, and receive a salary to be determined by the Governor and specified in the annual Operating Budget.

(b) In the event of a vacancy in the position of CIO, including the death, resignation, temporary incapacity, or removal of the CIO, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting CIO.

§ 9006C. Powers, Duties and Functions of the CIO.

The following shall be the responsibilities and functions of the CIO:

a. To act as the head administrator of DTI and OIS and to ensure that DTI and OIS carry out all of their statutory duties.

b. To act as the Governor’s chief adviser on issues relating to technology.

c. To serve as the Cabinet level executive for both OIS and DTI.

d. To develop partnerships with State agencies in executing agreed upon technology strategies, plans, and projects by ensuring the timely delivery of quality technology solutions, products, and services on a cost effective basis, including setting and maintaining appropriate standards and managing relationships with, and the performance of, selected third party technology vendors.

e. To build, develop, motivate, and retain a high performing team of technology professionals that will enable the State of Delaware to achieve its technology vision, strategies, and specific performance objectives.

f. Exercise all responsibilities previously assigned to the Executive Director of OIS pursuant to Sections 6351 through 6360 of this Title and apply all such duties and responsibilities to DTI.

§ 9007C. Employees of the Department.

(a) All Employees of the Department, including the CIO, shall be exempt form Chapter 59, of this Title.

(b) The CIO, with the advice of the State Personnel Director shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Budget Director and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization consistent with the recommendations of the Information Services Task Force. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the state.

(c) Employees of OIS and the Department shall be considered exempt from the two year waiting period in Title 29, Chapter 58, Section 5805(d).

§ 9008C. Transitional Provisions.

(a) Vacant positions in OIS may be transferred to DTI upon approval of the Controller General and the Budget Director. Upon transfer, those positions shall become exempt from Chapter 59 of this Title.

(b) Any employee still occupying a Merit System position in the Office of Information Services on June 30, 2003, will be given all rights and provisions of Chapter 59 of this Title with regard to the rules created pursuant to re-employment within the state. Effective July 1, 2003, all positions formally associated with OIS will cease to exist.

(c) All contracts and obligations of any agency made or undertaken in the performance of a function assigned by this Chapter to the Department and being in force shall, notwithstanding this Chapter, remain in full force and effect and be performed by the Department or OIS at the discretion of the CIO.

§ 9009C. Information Coordination.

To assist the Technology Investment Council in fulfilling its duties, each state agency shall name an individual to act as that agency's "information resource manager" or "coordinator." It is the intent of this section that such coordinators will act as the primary points of contact for appropriate communications between the Technology Investment Council and the agency. It is further intended that the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General and other elective offices similarly assign such a coordinator.

§ 9010C. Misnomer of Department.

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

§ 9011C. Supremacy.

All other laws or parts of laws now in effect inconsistent with this Chapter are hereby repealed, superseded, modified, or amended so far as necessary to conform to and give full force and effect to this Chapter.”

Section 2. Amend Chapter 63 Subchapter IV Title 29 of the Delaware Code by deleting the words “Executive Director” wherever such words appear and inserting in lieu thereof the words “Chief Information Officer”.

Section 3. Effective upon enactment.

Approved July 01, 2001