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ENROLLED HOUSE BILL NO. 1662
By: Perry of the House
and
Coffee of the Senate
An Act relating to technology; recognizing the need for a state portal system; defining portal system; authorizing certain state entities charge a convenience fee for electronic/on-line transactions; limiting application; requiring certain review; requiring certain records be kept; allowing for adjustment of the convenience fee; defining terms; requiring certain state entities to use an open-systems concept for an electronic portal system; defining an open-systems concept; stating characteristics of an open-systems concept; creating the State Governmental Internet Applications Review Board; stating purpose of the Board; providing for membership; providing for terms, officers, and travel reimbursement; stating duties and responsibilities of the Board; requiring schedule of convenience fees and changes in convenience fees be adopted by rule; providing for codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section <41.5p> of Title <62>, unless there is created a duplication in numbering, reads as follows:
A. In order to be at the forefront of electronic commerce and provide constituents, agencies and out-of-state users with state-of-the-art electronic commerce and Internet tools, the State of Oklahoma recognizes the need for a state portal system connecting state agency Web sites and information systems.
B. For purposes of this section and Section 4 of this act, a "portal system" shall mean a system that hosts and connects to a collection of on-line government and public services and serves as the single point of access to state government services, information, and transaction processing with a common enterprise wide user interface allowing navigation among the services.
SECTION 2. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section <41.5q> of Title <62>, unless there is created a duplication in numbering, reads as follows:
A. Subject to review and adoption as outlined in Section 4 of this act, a state agency, board, commission, or authority is hereby authorized to charge a convenience fee for any electronic/on-line transaction. A convenience fee shall apply to electronic/on-line transactions only and shall not apply when accessing information provided through state government Web sites. If a state entity sets a convenience fee for electronic/on-line transactions, the fee shall be reviewed by the State Governmental Internet Applications Review Board as provided for in Section 4 of this act. Each state entity shall keep a record of how the convenience fee has been determined. A state agency, board, commission, or authority may periodically adjust a convenience fee as needed upon review and adoption as provided for in Section 4 of this act.
B. For purposes of this section, "convenience fee" shall mean any charge that is necessary to process an electronic/on-line transaction with a state agency, board, commission or authority. The fee may be in excess of any fee charged for the service or product being provided by such state entity. This may include reasonable charges for the cost of the electronic/on-line service including recovery of costs incurred in the development and implementation of the service or system, cost of sustaining and upgrading the electronic/on-line service, and future expansion of the electronic/on-line services.
SECTION 3. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section <41.5r> of Title <62>, unless there is created a duplication in numbering, reads as follows:
I. Any state agency, board, commission, or authority which establishes an electronic portal system shall use an open-systems concept for the portal system which has been approved by the Information Service Division of the Office of State Finance.
II. For purposes of this section, an "open-systems concept" shall mean a system that implements sufficient open specifications for interfaces, services, and supporting formats to enable properly engineered components to be utilized across a wide range of systems with minimal changes, to inter operate with other components on local and remote systems, and to interact with users in a style that facilitates portability.
An open-systems concept is characterized by the following:
A. Well-defined, widely used, and nonproprietary interfaces or protocols;
B. Use of standards which are developed and adopted by industry recognized standards-making bodies;
C. A definition of all aspects of system interfaces to facilitate new or additional system capabilities for a wide range of applications; and
D. An explicit provision for expansion or upgrading through the incorporation of additional or higher performance elements with minimal impact on the system.
SECTION 4. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section <41.5s> of Title <62>, unless there is created a duplication in numbering, reads as follows:
I. There is hereby established the State Governmental Internet Applications Review Board. The Board shall review and make recommendations to the Office of State Finance concerning state governmental Internet-based electronic/on-line transactions or applications being provided by state agencies, boards, commissions, or authorities for use by the public.
II. The State Governmental Internet Applications Review Board shall be composed of the following members:
A. The Director of the Office of State Finance or a designee;
B. Four representatives from different state agencies, boards, commissions, or authorities to be appointed by the Governor;
C. One member who is not a member of the Legislature or a state government employee to be appointed by the Speaker of the House of Representatives; and
D. One member who is not a member of the Legislature or a state government employee to be appointed by the President Pro Tempore of the Senate.
III. Members of the Board shall serve for terms of two (2) years. The Board shall select a chair from among its members.
IV. Members of the Board shall not receive compensation for serving on the Board, but shall be reimbursed for travel expenses incurred in the performance of their duties by their respective agencies or appointing authority in accordance with the State Travel Reimbursement Act.
V. The Board shall have the duty and responsibility of:
A. Reviewing all forms created by state agencies, boards, commissions, or authorities which are to be used by the public for state governmental Internet-based electronic/on-line transactions or applications;
B. Reviewing a schedule of convenience fees, as is defined in Section 2 of this act, and all convenience fees and changes in fees charged by state agencies, boards, commissions, or authorities for electronic/on-line transactions, and making recommendations pertaining to convenience fees to the Office of State Finance prior to its adoption by rule of such fees, changes to fees, or fee schedule; and
C. Monitoring all portal systems and applications for portal systems created by state agencies, boards, commissions, or authorities, reviewing portal systems applications approved or denied by the Information Service Division of the Office of State Finance, and making recommendations to the Legislature and Governor to encourage greater use of the open-systems concept as is defined in Section 3 of this act.
SECTION 5. NEW LAW
It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the House of Representatives the 24th day of May, 2001.
Presiding Officer of the House of Representatives
Passed the Senate the 24th say of May, 2001.
Presiding Office of the Senate
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