Joint Commission on Technology and Science

December 6, 2010

VITA Update and Annual Report

Samuel A. Nixon, Jr. Chief Information Officer of the Commonwealth
The Chief Information Officer of the Commonwealth made his annual report to JCOTS. A copy of his presentation is available on the JCOTS website. During his presentation, the CIO highlighted eight major topics of discussion, including:

• The overall vision and mission of the Virginia Information Technology Agency.
• A recap of the preceding year’s accomplishments and challenges.
• A snapshot of the Commonwealth’s executive branch agency IT environment.
• An update on transformation.
• An overview of the operational improvement initiatives currently underway.
• A look at the rates of service by VITA, opportunities for improvement by agencies seeking to cut costs in IT.
• An update on the audit currently underway by Agilysys regarding the outage experienced by executive agencies during the past year.

The CIO was asked about VITA’s contacts with federal agencies regarding the IT systems being utilized throughout the state. The CIO responded that VITA has been in contact with the IRS and the Social Security Administration most recently regarding an audit conducted by the IRS at the Department of Taxation and the Department of Social Services. The IRS audit revealed that agencies that store income tax data may only access such data using state-owned and operated hardware. VITA believes that this audit is mistaken, and is based on an incorrect understanding or interpretation of a directive regarding the use of privately owned hardware to access state agency-stored information. With the potential impact on Northrop Grumman’s role within VITA, the CIO said that discussions will continue with these federal agencies to resolve the issue.

The CIO was asked about the cost value of VITA’s rates of service. The CIO responded that there is no ready comparison between the Commonwealth and other states because of the varying ways in which other states manage their IT within higher education, but that VITA’s costs are where they ought to be vis-à-vis the services VITA provides.

2010 Advisory Committee Reports and Legislative Recommendations

Computer Crimes Definitions
Senator Howell, chair of the Computer Crimes Definition Advisory Committee, reported on the bill draft completed by the Advisory Committee during the 2010 interim. The bill draft was developed in response to HB 920, a bill introduced in the 2010 Session of the General Assembly and referred to JCOTS for study. HB 920 would have amended the definition of “computer” in the Virginia Computer Crimes Act to include cellular phones and other wireless telecommunications devices. Instead of amending the Computer Crimes Act, the Advisory Committee draft expands the definition of “telephone” within § 18.2-427 to include any electronically transmitted “communication producing a visual or electronic” message, which is transmitted by “cellular” telephone or “other wireless telecommunications device.” The intent of the bill is to provide a vehicle for prosecution should a person send an obscene, vulgar, or otherwise objectionable message as outlined in the statute via text message to another person. One Commission member raised a question as to whether the language in the bill was too broad. A copy of the draft is available on the JCOTS website.

A motion was made and seconded to recommend the bill to the General Assembly for passage, and the motion passed with one “no” vote.

Electronic Privacy

Delegate May, chair of the Electronic Privacy Advisory Committee, reported on the bill draft completed by the Advisory Committee during the 2010 interim. The bill was developed in response to HB 670 and SB 599, bills introduced during the 2010 Session of the General Assembly and referred to JCOTS for study. The language of the Advisory Committee draft provides for a Class 3 misdemeanor for the offense of unlawfully installing, through “intentionally deceptive means,” an electronic tracking device in or on a vehicle. Staff provided an overview of the various exceptions the advisory committee considered before they settled on the two exceptions written into the bill draft: one for law-enforcement officers and one for parents/legal guardians of minors. Discussion among the Commission members centered on the intent of the person who installs the tracking device, as well as the ability of employers to track employee-operated vehicles that are owned by the employer.
A motion was made and seconded to recommend the bill to the General Assembly for passage, and the motion passed, with one abstention.

Intellectual Property Ownership

Senator Watkins, chair of the Intellectual Property Advisory Committee, reported on the work of the Advisory Committee over the course of the preceding year. The Advisory Committee was created to review SB 242, which was referred to JCOTS for study by the 2010 Session of the General Assembly. The Advisory Committee did not recommend any legislation to JCOTS, largely because the Secretary of Administration is still developing guidelines for ownership of intellectual property created by state employees, which are soon to be released. The Advisory Committee did note that some larger conceptual issues concerning the state’s intellectual property policies exist, such as identifying the goal of any such policy -- is it to protect the state’s return on investment, or to encourage entrepreneurship?

Senator Watkins recommended that the Intellectual Property Advisory Committee be continued in the 2011 interim, so that it may serve as a resource to the Secretary of Administration in developing the statutorily mandated guidelines, and to provide a forum for discussion of the guidelines once they are released.

Energy

Delegate Cosgrove, chair of the Energy Advisory Committee, reviewed the work of the Advisory Committee and recommended that the Advisory Committee be continued for the following year to continue looking at the issues of alternative energy sources. Some discussion ensued regarding various alternative fuels, including the potentiality of mining methane gases. No legislation was submitted by the Advisory Committee for the Commission to consider.

Intelligent Transportation Systems

Delegate Rust, chair of the Intelligent Transportation Systems Advisory Committee, reported on the work done by the Advisory Committee over the preceding year. The Advisory Committee did not recommend any legislation to JCOTS for consideration, but did recommend that the Advisory Committee be continued in the 2011 interim. Possible topics for consideration include vehicle miles traveled programs, multimodal technologies, and other emerging transportation technologies.

Update on Remote Emissions Testing Technologies

Joel Unverzagt and Drew Rau, Environmental Systems Products
Representatives of Environmental Systems Products (ESP) provided JCOTS with an overview of the Remote Sensing Devices that are currently being used in states where automobiles are required to be emissions-tested. The presentation by ESP is available on the JCOTS website.

Chairman:
The Hon. Joe May

For information, contact:
Lisa Wallmeyer, Wenzel Cummings, DLS Staff