THE SENATE	S.B. NO.	2516
THIRTY-SECOND LEGISLATURE, 2024		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 27-43, Hawaii Revised Statutes, is amended to read as follows:

"§27-43 Office of enterprise technology services; chief information officer[;] and deputy comptroller; information technology steering committee; establishment; responsibilities. (a) There is established within the department of accounting and general services the office of enterprise technology services, which shall be headed by a full-time chief information officer and deputy comptroller to organize, manage, and oversee statewide information technology governance. The chief information officer and deputy comptroller shall be in addition to any other deputy to the comptroller. The chief information officer and deputy comptroller shall be appointed by the [governor as provided in section 26-34.] comptroller without regard to chapter 76. The chief information officer and deputy comptroller shall report [directly] to the [governor] comptroller and shall:

(1) Develop, implement, and manage statewide information technology governance;

(2) Develop, implement, and manage the state information technology strategic plans;

(3) Develop and implement statewide technology standards;

(4) Work with each executive branch department and agency to develop and maintain its respective multi-year information technology strategic and tactical plans and road maps that are part of the State's overall information technology strategic plans, road maps, and directions;

(5) Coordinate each executive branch department and agency's information technology budget request, forecast, and procurement purchase to ensure compliance with the department or agency's strategic plan and road map and with the office of enterprise technology services' information technology governance processes and enterprise architecture policies and standards, including policies and standards for systems, services, hardware, software, and security management;

(6) Report annually to the governor and the legislature on the status and implementation of the state information technology strategic plan;

(7) Update the state information technology strategic plan every four years;

(8) Perform other necessary or desirable functions to facilitate the intent of this section;

(9) Employ persons exempt from chapters 76 and 89;

(10) Provide centralized computer information management and processing services, coordination in the use of all information processing equipment, software, facilities, and services in the executive branch of the State, and consultation and support services in the use of information processing and management technologies to improve the efficiency, effectiveness, and productivity of state government programs;

(11) Establish, coordinate, and manage a program to provide a means for public access to public information and develop and operate an information network in conjunction with overall plans for establishing a communication backbone for state government; and

(12) Adopt rules, pursuant to chapter 91, necessary for the purposes of this part.

(b) The salary of the chief information officer and deputy comptroller shall be as provided in section 26-53 for the first deputy comptroller.

[(b)] (c) There is established an information technology steering committee to assist the chief information officer and deputy comptroller in developing the State's information technology standards and policies, including but not limited to:

(1) Assisting the chief information officer and deputy comptroller in developing and implementing the state information technology strategic plans;

(2) Assessing executive branch departments' progress in meeting the objectives defined in the state information technology strategic plans and identifying best practices for shared or consolidated services;

(3) Ensuring technology projects are selected based on their potential impact and risk to the State, as well as their strategic value;

(4) Ensuring that executive branch departments maintain sufficient tools to assess the value and benefits of technology initiatives;

(5) Assisting the chief information officer and deputy comptroller in developing state information technology standards and policies; and

(6) Clarifying the roles, responsibilities, and authority of the office of enterprise technology services, specifically as it relates to its statewide duties.

The information technology steering committee shall consist of thirteen members, with four members to be appointed by the senate president, four members to be appointed by the speaker of the house of representatives, one member to be appointed by the chief justice, one member to be appointed by the governor, one member to be appointed by the superintendent of education, and one member to be appointed by the president of the University of Hawaii, and may include representatives from executive branch departments, the legislature, and private individuals. The chief information officer and deputy comptroller shall serve as an ex officio member and as the chair of the committee. The committee shall select a vice chair from among its members. Each member shall be appointed for four-year terms; provided that each member shall hold office until reappointed by the member's respective appointing authority at the end of the member's term or until the member's successor is appointed.

[(c)] (d) There is established within the department of accounting and general services a special fund to be known as the shared services technology special fund to be administered and expended by the chief information officer and deputy comptroller for the purposes of this subsection. Three per cent of the receipts collected from special funds pursuant to section 36-27 shall be deposited into the shared services technology special fund. Any law to the contrary notwithstanding, the moneys in the fund shall be used to fund the operations of the chief information officer and deputy comptroller and the information technology steering committee, including the employment and training of staff and any other activities deemed necessary by the chief information officer and deputy comptroller to carry out the purposes of this section.

[(d)] (e) The chief information officer and deputy comptroller and the comptroller may raise funds to defray administrative costs and may accept donations of money and personal property on behalf of the information technology steering committee; provided that all donations accepted from private sources shall be expended in the manner prescribed by the contributor, and all moneys received shall be deposited into the information technology trust account. The chief information officer and deputy comptroller may also directly receive donated personal services and personal property for which funding is not required.

[(e)] (f) The chief information officer and deputy comptroller shall present an annual report of the office of enterprise technology services to the information technology steering committee for public comment and shall thereafter, but no later than twenty days prior to the convening of each regular session of the legislature, submit the annual report to the governor and legislature. The annual report shall include updates on the activities and programs under the authority of the chief information officer and deputy comptroller and the information technology steering committee, and the expenditures of all moneys received from all sources and deposited into the information technology trust account and the shared services technology special fund.

[(f)] (g) The chief information officer and deputy comptroller shall submit the updated state information technology strategic plan, revised pursuant to subsection (a)(7), to the governor and the legislature no later than twenty days prior to the convening of every fourth regular session of the legislature; provided that the chief information officer and deputy comptroller shall submit the first updated state information technology strategic plan to the governor and the legislature no later than twenty days prior to the convening of the regular session of 2021."

SECTION 2. Section 27G-3, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The committee shall consist of not more than fifteen voting, ex officio members, or their designated representatives, as follows:

(1) The comptroller;

(2) The administrator of the state procurement office;

(3) The director of the office of information practices;

(4) The directors of not more than three government agencies using or planning to use the services of the portal manager;

(5) The administrative director of the courts;

(6) A representative of the Hawaii state senate appointed by the president of the senate;

(7) A representative of the Hawaii state house of representatives appointed by the speaker of the house of representatives;

(8) The chief information officers of the four counties; and

(9) The chief information officer and deputy comptroller.

(c) The chief information officer and deputy comptroller or the chief information [officer's] officer and deputy comptroller's designee shall serve as the chairperson of the committee."

SECTION 3. Section 84-18, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) Subject to the restrictions imposed in subsections (a) through (d), the following individuals shall not represent any person or business for a fee or other consideration regarding any legislative action or administrative action, as defined in section 97-1, for twelve months after termination from their respective positions:

(1) The governor;

(2) The lieutenant governor;

(3) The administrative director of the State;

(4) The attorney general;

(5) The comptroller;

(6) The chairperson of the board of agriculture;

(7) The director of corrections and rehabilitation;

(8) The director of finance;

(9) The director of business, economic development, and tourism;

(10) The director of commerce and consumer affairs;

(11) The adjutant general;

(12) The superintendent of education;

(13) The chairperson of the Hawaiian homes commission;

(14) The director of health;

(15) The director of human resources development;

(16) The director of human services;

(17) The director of labor and industrial relations;

(18) The chairperson of the board of land and natural resources;

(19) The director of law enforcement;

(20) The director of taxation;

(21) The director of transportation;

(22) The president of the University of Hawaii;

(23) The executive administrator of the board of regents of the University of Hawaii;

(24) The administrator of the office of Hawaiian affairs;

[(25) The chief information officer;

(26)] (25) The executive director of the agribusiness development corporation;

[(27)] (26) The executive director of the campaign spending commission;

[(28)] (27) The executive director of the Hawaii community development authority;

[(29)] (28) The executive director of the Hawaii housing finance and development corporation;

[(30)] (29) The president and chief executive officer of the Hawaii tourism authority;

[(31)] (30) The executive officer of the public utilities commission;

[(32)] (31) The state auditor;

[(33)] (32) The director of the legislative reference bureau;

[(34)] (33) The ombudsman;

[(35)] (34) The permanent employees of the legislature, other than persons employed in clerical, secretarial, or similar positions;

[(36)] (35) The administrative director of the courts;

[(37)] (36) The executive director of the state ethics commission;

[(38)] (37) The executive officer of the state land use commission;

[(39)] (38) The executive director of the natural energy laboratory of Hawaii authority;

[(40)] (39) The executive director of the Hawaii public housing authority; [and]

[(41)] (40) The first deputy to the chairperson of the commission on water resource management; and

(41) The chief information officer and deputy comptroller;

provided that this subsection shall not apply to any person who has held one of the positions listed above only on an interim or acting basis and for a period of less than one hundred eighty‑one days."

SECTION 4. Section 128A-13, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The members of the statewide interoperable communications executive committee shall include the following:

(1) The director of law enforcement or the director's designee, who shall serve as the chair of the committee;

(2) The attorney general or the attorney general's designee;

(3) The chairperson of the board of land and natural resources or the chairperson's designee;

(4) The [state] chief information officer and deputy comptroller or the chief information [officer's] officer and deputy comptroller's designee;

(5) The director of transportation or the director's designee;

(6) The director of health or the director's designee;

(7) The chairperson of the Hawaii enhanced 911 board or the chairperson's designee; and

(8) Four members at the executive or senior personnel level from the first responder or emergency management agencies from each of the four counties, to be selected by the respective heads of the first responder or emergency management agencies of each county."

SECTION 5. Section 323D-18.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The state agency shall develop and update an annual plan for the analysis, maintenance, and publication of data collected pursuant to this section. The state agency shall seek approval for the annual plan from the director of health, administrator of the MedQuest division of the department of human services, and the chief information officer [of the State.] and deputy comptroller."

SECTION 6. Sections 26-6, 27-43.5, 27-43.6, 27-44, 27G-6, 36-30(b), 138-2(a), 329D-6(j), and 487N-5, Hawaii Revised Statutes, are amended by substituting the words "chief information officer and deputy comptroller", or similar term, wherever the words "chief information officer", or similar term, appears, as the context requires.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.

Report Title:

Governor; Department of Accounting and General Services; Office of Enterprise Technology Services; CIO; Comptroller

Description:

Renames the position of state Chief Information Officer as the Chief Information Officer and Deputy Comptroller. Specifies that the Chief Information Officer and Deputy Comptroller shall be appointed by, and shall report to, the Comptroller. Effective 7/1/2050. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.