9-2-2501;

9-2-2501;

(xii) Enhance statewide broadband adoption and coordination among all governmental users in coordination with the Wyoming business council and its broadband advisory council;

(xiii) Advise the governor and the legislature on technology and telecommunications matters;

(xiv) Establish, maintain and annually evaluate a quality management model. The quality management model shall include training and assurances for data privacy, protection and use throughout the agency and shall track customer feedback on technology services and oversight. The department shall involve the agencies in assessment of needs, successes and areas of improvement and shall produce customer satisfaction and performance reports. The department shall report its findings from the quality management model in the department's biennial budget request submitted under W.S. 9-2-1013.  (c) The University of Wyoming, Wyoming community colleges, and the judicial and legislative departments of state government may adhere to the standards, policies and plans developed pursuant to subsection (b) of this section to the extent feasible, as determined by the entity or the department of government, as applicable.

(d) The department shall carry out the following oversight and approval functions:

(i) Review agency expenditure requests for information technology or telecommunications personnel, hardware or software or contractual services for information technology if the expenditure exceeds the maximum amount established by department policy for small purchases. No funds for purchase in excess of the maximum amount shall be expended until the state chief information officer has approved the expenditure. Upon request for expenditure, the state chief information officer shall review the request and shall:

(A) Disapprove a request which fails to meet existing department standards, security, privacy and procurement policies; and

(B) If the state chief information officer determines a less expensive alternative to effectively accomplish the need is available, approve the request only for the lesser amount.

(ii) Review agency expenditures for information technology or telecommunications personnel, hardware or software or contractual services for information technology which are within the maximum amount established by department policy for small purchases as the state chief information officer determines necessary. Agencies shall provide information as requested by the department regarding small purchases;

(iii) Establish and enforce data security and privacy policies and standards for the state data infrastructure. These provisions shall be the minimum security and privacy requirements adhered to by all agencies. Agencies may choose to set additional security and privacy requirements to exceed but not in lieu of or that in any way interfere with the standards set by the state chief information officer;

(iv) Establish policies and standards for enterprise data analytics;  (v) All computer purchases made via the chief information officer's state technology replacement program shall be made in accordance with the provisions of this subsection, using standardized pricing established by the program. All funds appropriated for computer acquisition shall be restricted and not expended for any other purpose.

(e) The department shall provide the following services:

(i) Develop and provide computer and information technology services to agencies and the judiciary and the legislature. Central delivery of common services shall be promoted to the extent they encourage a more economical and efficient operation of state programs, while maintaining a compatibility of hardware and software among agencies, the legislature and the judiciary;

(ii) Upon request of an agency, provide information and recommendations regarding the installation and acquisition of computer and information technology equipment, the qualifications of information technology personnel and software systems required by the agency. The information and recommendations shall be directed to advising the agency how to comply with the uniform standards, minimize duplication and promote effectiveness in the collection, storage, interchange, retrieval, processing and transmission of information;

(iii) Upon request of an agency, provide enterprise data analytics services;

(iv) Data analytics security services and validation services as directed by the governor;

(v) The department shall annually apply to the universal service administrative company under the federal communications commission for amounts available to the state under the schools and libraries program of the universal service fund. All federal funds received by the state from the schools and libraries program of the universal service fund shall be deposited into the public school foundation program account;

(vi) Develop procedures and administer uniform payment processor services and reporting for agencies and upon request, the judiciary and the legislature. In carrying out this paragraph, the department shall:  (A) Administer a statewide contract with a payment processor as provided under W.S. 9-4-217(h);

(B) Develop criteria and procedures for granting waivers to agencies under W.S. 9-4-217(h).

(f) The state chief information officer shall administer through his office all accounting, billing and collection functions required by the department. These activities shall be taken pursuant to policies adopted by the state chief information officer after consultation and in cooperation with the director of the department of administration and information. The policies shall include provisions for attributing shared costs to agencies receiving common services from the department and for interagency accounting, billing and collection for other services provided to individual agencies. The department of enterprise technology services and the department of administration and information shall jointly develop a memorandum of understanding through which the departments will exchange administrative support, accounting functions and information technology services.

(g) The department shall carry out the following functions:

(i) Establish and promulgate rules and regulations governing the use and funding of telecommunications services, equipment, payment processor services, software and networks by agencies;

(ii) In consultation with state agencies and educational institutions, develop recommendations for a current and long-range telecommunications transport service plan for state government and higher education involving telephone, radio, microwave, facsimile, closed circuit television, teleconferencing, interactive educational training, public radio, public television, data communications, transmission circuits, fiberoptics, satellites and cellular radio and the integration of these mediums into applicable telecommunications networks. The plan shall be submitted to the governor for approval;

(iii) Administer the approved current and long-range plan for use of telecommunications by agencies and coordinate the telecommunications transport service network;  (iv) Inventory current telecommunications infrastructure of agencies, solicit comments and recommendations on needs, practices and technologies for providing telecommunications services in the most efficient manner possible, accommodate economic growth and development in the state and enhance educational opportunities at all levels of instruction;

(v) Review all existing and future agencies telecommunications planning, networks, systems and programs and recommend priorities therefor in accordance with the purposes of this section;

(vi) As appropriate, coordinate the acquisition of compatible telecommunications equipment, software and licensure for telecommunications transport service networks with agencies and with educational institutions;

(vii) Establish telecommunications procedures, standards and records for management of telecommunications transport service networks and facilities for agencies;

(viii) Review, assess and ensure compliance with federal and state telecommunications regulations governing the needs and functions of agencies for telecommunication transport services;

(ix) Provide telecommunications services including billing, installation and repair of telephone services including interstate and intrastate long distance, to agencies;

(x) Coordinate telecommunications network training for agencies.

(h) Notwithstanding subsection (g) of this section:

(i) The director of the Wyoming department of transportation and the colonel of the Wyoming highway patrol shall administer and control the operation, maintenance and conduct of the two-way, land based mobile and related facilities for the public safety radio-microwave systems specifically provided by the department and patrol and performed by radio technicians, dispatchers and telephone operators. The department shall provide and accommodate agency needs as approved jointly by the department and the agency and as agency budgets allow;  (ii) The attorney general shall administer and control the operation and conduct of the criminal law enforcement system and shall coordinate statewide telecommunications network services under this system through the department;

(iii) The University of Wyoming and community college districts shall administer the operation and control of telephone data and video systems on the respective campuses and the department shall coordinate statewide telecommunications network services under these systems;

(iv) Telecommunications transport service requirements for any agency and educational institutions shall be coordinated through the department;

(v) Any public broadcasting service operating in the state shall be responsible for its operational services and federal licensing. The department shall assist in the coordination of any required statewide telecommunications transport services as appropriate;

(vi) The state public safety communications commission established under W.S. 9-2-1101 shall coordinate its statewide telecommunications transport service requirements through the department;

(vii) An agency may independently contract with a private service provider to obtain telecommunications services, equipment, software and networks, provided:

(A) The services, equipment and software meet compatibility standards established by the department; and

(B) The agency's action will result in at least ten percent (10%) savings compared to the cost of similar services, equipment and software provided through the department;

(C) The action is approved as provided by subsection (d) of this section.

(j) The department may, through the infrastructure network developed under the statewide education technology plan in accordance with W.S. 21-2-202(a)(xx), contract with one (1) or more telecommunications providers to provide telecommunications services to:  (i) Private schools if the department determines network capacity is sufficiently available and private schools accessing the network reimburse the department for the costs of services provided under this subsection, including proportionate overhead and administrative costs;

(ii) Private health care providers if services are requested by the department of health under this subsection. The department of health shall:

(A) Determine health care services necessary for the effective and efficient operation of a telehealth network in the state;

(B) Notify the department in writing of the services deemed necessary;

(C) Reimburse the department for costs incurred for the provision of telecommunications services under this subsection from funds available for this purpose, including proportionate overhead and administrative costs;

(D) Develop charges for telecommunication services that cover the costs of the provision of telecommunication services to private health care providers; and

(E) In providing or facilitating the provision of services under this subsection, the department of health shall determine that services are not reasonably available from other sources.

(k) The state chief information officer may authorize a designee to carry out any duties assigned, whether denominated as the state chief information officer or director of the department, unless specifically precluded from doing so by statute.

(m) The department shall adopt reasonable rules and regulations to administer this article pursuant to the Wyoming Administrative Procedure Act.

(n) Nothing in this article shall be construed to authorize the department or the director to regulate or otherwise have any jurisdiction or authority over nongovernmental providers of telecommunications services or broadband services. Nothing in this article shall be construed to authorize the department or the state to be a telecommunications services provider to the private sector. To the extent a network is developed and implemented under subsection (g) of this section to provide telecommunications transport services for state government and higher education, rather than purchasing facilities or providing its own communications services for the creation and operation of the unified network, the state of Wyoming shall purchase services from commercial communications carriers to the fullest extent reasonably feasible. Such a network is limited to use only by:

(i) The executive, legislative and judicial branches of Wyoming state government, including the University of Wyoming and community colleges. In relation to use of this network, "Wyoming state government" does not include local government, cities, towns, counties, hospitals, joint powers boards, special districts or other local governmental entities; and

(ii) Wyoming public schools and public libraries.

(o) The department shall include in the department's biennial budget request submitted under W.S. 9-2-1013 a list of any federal program being implemented by the department. The list shall include the specific statutory authorization, if any, authorizing the department's implementation of the program. The department shall not be required to report any program pursuant to this subsection for which it is providing solely support services for an agency charged with implementing the federal program.

9-2-2907. Repealed by Laws 2016, ch. 30, § 1.

ARTICLE 30 - STATE CONSTRUCTION DEPARTMENT

9-2-3001. State construction department created; definitions.

(a) There is created the state construction department.

(b) As used in this article:

(i) "Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, the Wyoming business council and the Wyoming department of transportation. "Agency" shall include a Wyoming community college if the community college is conducting a capital construction project using state funds that requires approval by the community college commission or authorization by the legislature under W.S. 21-18-205(g);

(ii) "Capital construction project" means new construction, demolition, renovation, capital renewal and major maintenance of or to property;

(iii) "Competitive negotiation" means to negotiate for a contract through a request for proposals process or any other similar competitive selection process;

(iv) "Department" means the state construction department;

(v) "Informalities or irregularities in any bid" includes:

(A) Ambiguity as to any part of a bid;

(B) A missing unit bid price;

(C) An erasure or change in a unit bid price not initialed in ink by the bidder.

(vi) "Principal representative" means the governing board of an agency or its designated representative or, if there is no governing board, the executive head of an agency. When applicable, "principal representative" shall include the University of Wyoming board of trustees or its designated representative;

(vii) "State procurement website" means a website that the department designates to host information and notices related to procurement under this article;

(viii) "Capital renewal" means capital construction infrastructure upgrades and replacement projects to systems external to a building or facility that are necessary for the continued functionality of a building or facility. "Capital renewal" includes projects that do not qualify as new construction and for which the costs exceed amounts typically appropriated or expended on major maintenance for a property such as water projects, sewer projects, electrical projects and other major infrastructure projects external to a building or facility that impact the life, health and safety of occupants in a building or facility;

(ix) "Major building and facility repair and replacement" and "major maintenance" mean the repair, replacement or upgrade of complete or major portions of any component, equipment or system of a property at irregular intervals that is required to continue the use of the property at its designed capacity for its designed intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work. The terms include, but are not limited to, the following categories as hereafter defined:

(A) "Code compliance" means the repair, replacement or upgrade of a component, equipment or system of a property that is mandated by law, regulation or code to continue the use of the property at its designed capacity for its designed intended use;

(B) "Site improvements" means the repair, replacement or upgrade of a component, equipment or system of a site, including the repair, replacement or upgrade of any of the following:

(I) Sidewalks;

(II) Parking lots;

(III) Athletic tracks;

(IV) Playground features;

(V) Outdoor security features;

(VI) Landscaping;

(VII) Drainage systems;

(VIII) Campus roads or streets;

(IX) Components, equipment or systems similar to those specified in subdivisions (I) through (VIII) of this subparagraph.  (C) "System improvements" means the repair, replacement or upgrade of a component, equipment or system of a building or facility, including any of the following:

(I) Structural systems;

(II) Fire protection systems;

(III) Indoor security features;

(IV) Electrical, lighting, plumbing, heating, ventilation or air conditioning systems;

(V) Roofs;

(VI) Windows and doors;

(VII) Conveyance systems, including elevators and escalators;

(VIII) Information technology systems;

(IX) Components, equipment or systems similar to those specified in subdivisions (I) through (VIII) of this subparagraph.

(x) "Property" means a building, facility or site;

(xi) "Renovation" means work done to restore property to a condition that is functional for its original or designed intended use and capacity, to modernize or adapt property to an approved new use and capacity or for the purpose of making it code compliant, including architectural and structural changes and the modernization of mechanical and electrical systems. "Renovation" includes the repair, strengthening or restoration of major building systems or structures to a safe condition. "Renovation" does not include work that consists primarily of routine maintenance, minor repairs and replacement due to normal use, wear and tear or deterioration;

(xii) "Routine maintenance" means activities necessary to keep a property and the components, equipment and systems of a property in safe and good working order so that the property may be used at its original or designed capacity for its original or designed intended use. "Routine maintenance" includes custodial, groundskeeping and maintenance tasks done on a routine basis by building personnel and specialized equipment and building system maintenance that is accomplished on a routine basis by contractors.

9-2-3002. Department divisions.

(a) The department shall consist of the following divisions:

(i) State construction management division;

(ii) School facilities division;

(iii) Operations division.

9-2-3003. Director and division administrators; appointment; removal.

(a) The governor shall appoint a director of the department with the advice and consent of the senate.

(b) With the approval of the governor, the director may appoint administrators for the divisions established by W.S.