The Office of Information Technology is created as a department of the Executive Branch of state government. The office shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and as otherwise provided by law.

As used in this chapter, the following terms have the following meanings:

(1) DIRECTOR. The Executive Director of the Office of Information Technology.

(2) OFFICE. The Office of Information Technology.

(3) PUBLIC INSTITUTIONS OF HIGHER EDUCATION. The public colleges, postsecondary technical colleges, community colleges, junior colleges, and universities in the State of Alabama.

(4) PUBLIC SCHOOLS. The public schools in the State of Alabama which serve kindergarten to grade 12, inclusive.

(5) STATE AGENCIES and POLITICAL SUBDIVISIONS. All departments and agencies of state government, but shall not include counties or municipalities.

(a) The chief administrative and executive officer of the office shall be the executive director, who shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director shall be in the unclassified service of the state Merit System and shall receive a salary in an amount to be determined by the Governor.

(b) The director may employ all personnel of the office, subject to the state Merit System, or if the employee is to be employed in a supervisory capacity, without regard to the provisions thereof. The director shall set the compensation of such employees in accordance with that of comparable positions established under the state Merit System pay plan.

(c) If existing positions or divisions of state government are consolidated or eliminated as a result of the creation of the office, any state employees displaced shall be offered the opportunity to transfer to available positions for which they are qualified within the office.

The office shall have all of the following powers and duties:

(1) To develop a plan for a comprehensive and compatible information technology infrastructure in state government, including the public schools and public institutions of higher education.

(2) To collaborate and coordinate with the Division of Data Systems Management of the Department of Finance as set forth in Article 8 of Chapter 4 of Title 41, and to establish standards and coordinate services and infrastructure to ensure that information technology is used to support designated needs areas, including providing the children of Alabama citizens access to technology in the public schools and the public institutions of higher education. It is the intent of the Legislature that specific priority be given to public schools, to state universities for the training of public school teachers, and for the development of other instructional technology applications.

(3) To solicit, receive, and administer funds, goods, services, and equipment from public and private entities to be used for the purchase of computers, satellites, hardware, software, and other technology equipment and services and for staff training in the use of technology development programs.

No public monies shall be expended by the office for any purpose unless the monies have been appropriated by the Legislature to the entity from which the funds are received or to the office. Any monies appropriated shall be budgeted and allotted pursuant to the Budget Management Act in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts provided by the Legislature in the general appropriations act or other appropriations act.

(4) To administer any funds appropriated to the office by the Legislature for the establishment, operation, and coordination of the office.

(5) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to state agencies and political subdivisions to aid in the furtherance of any functions of the office.

For the purposes of federal funds granted to the State Department of Education for distribution to the local education agents, the office shall assist in coordination of the funds, but shall not administer the funds.

(6) To issue annual reports to the Governor, the Legislature, and the general public concerning the coordination and operation of the office.

(7) To promulgate rules and regulations and establish procedures and standards for the management and operation of state agencies and any of its political subdivisions to carry out this chapter, including coordination of state information management; providing technical assistance to agency administrators on design and management of state information systems; evaluating the costs, system design, and suitability of information equipment and related services; and developing a unified and integrated structure for information systems for all executive agencies.

(a) There is hereby created an Information Technology Council to benefit the Office of Information Technology. The membership of the council shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The Information Technology Council shall consist of individuals possessing knowledge and skills in educational technology, selected in the manner stipulated herewith:

(1) Seven representatives of four-year public universities appointed by the Council of College and University Presidents.

(2) The Executive Director of the Alabama Commission on Higher Education and the Chancellor of the two-year college system as ex-officio members.

(3) The State Superintendent of Education shall appoint three public classroom teachers, two two-year college presidents, and three representatives from the State Department of Education.

(4) The Speaker of the House of Representatives shall appoint two members.

(5) The President of the Senate shall appoint one member.

(6) The President Pro Tempore of the Senate shall appoint one member.

(b) The Information Technology Council shall participate in the development and implementation of the statewide information technology plan.

The Office of Information Technology shall be subject to the Alabama Sunset Law, Title 41, Chapter 20, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2004, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.