To amend chapter 610, RSMo, by adding thereto one new section relating to the information network of Missouri.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 610, RSMo, is amended by adding thereto one new section, to be known as section 610.040, to read as follows:

     610.040. 1. This section may be cited as and shall be known as "The Information Network of Missouri Act".

     2. As used in this section, the following words and phrases shall mean:

     (1) "Agency", any agency or instrumentality of the state of Missouri which stores, gathers, or generates public information;

     (2) "Board", the board of the information network of Missouri, or if the information network of Missouri shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this section to the board of the information network of Missouri shall be given by law;

     (3) "Gateway system", any centralized electronic information system by which public information is provided via dial-in modem, the Internet or a continuous link to the public through subscription or through public libraries;

     (4) "Network manager", the entity or person engaged to manage and run the gateway system on behalf of the board;

     (5) "Public information", any information stored, gathered or generated in electronic or magnetic form by the state of Missouri, its agencies or instrumentalities, which is included within the information deemed to be public pursuant to this chapter;

     (6) "User association", an association:

     (a) Whose membership is identifiable by regular payment of association dues and regularly maintained membership lists;

     (b) Which is registered with the secretary of state as a Missouri corporation;

     (c) Which exists for the purpose of advancing the common occupation or profession of its membership; and

     (d) Which, after the appointment of the initial board under this section, regularly promotes and encourages the subscription of its members to the gateway system developed by the board.

     3. (1) There is created the information network of Missouri, a body corporate and politic which shall be governed by a board consisting of nine voting members and one nonvoting member as follows:

     (a) The secretary of state or the secretary's designee;

     (b) The state treasurer or the treasurer's designee;

     (c) One member or designee, who serves as the director or chief executive officer of an agency of the executive branch other than the chief information officer who shall be appointed by the governor;

     (d) Five members from user associations initially selected by the governor shall be appointed by the governor from a list of three names submitted by each user association. Of the members initially selected pursuant to this paragraph, two members shall be designated by the governor to serve one year terms and two members shall be designated by the governor to serve two year terms. Thereafter, the board shall submit a list of at least three names per position based on recommendations of user associations. No two members appointed pursuant to this paragraph shall be members of the same user association. Except as otherwise provided in this paragraph for initially appointed members, such members shall serve three-year terms;

     (e) One member appointed by the governor from a list of three names of public library directors submitted by the president of an association of Missouri public libraries selected by the governor. Following the initial appointment hereunder, such list shall be comprised of librarians of public libraries which subscribe to the information network of Missouri. Such member shall serve a three-year term;

     (f) The state chief information officer, who shall serve as a nonvoting member.

     (2) The governor shall select the initial chairperson from the board. The board may also elect a vice-chairperson and a secretary.

     (3) Five members of the board shall constitute a quorum and the affirmative vote of five members shall be necessary for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board. Members of the board shall serve without compensation but shall be reimbursed for necessary and reasonable expenses.

     (4) The board shall meet at least twice annually.

     4. (1) The board shall have the following duties:

     (a) To develop and implement a dial-in gateway system to provide electronic access to members of the public to public information in cooperation with the chief information officer;

     (b) To provide appropriate oversight of any network manager;

     (c) To establish charges for the services provided to gateway system subscribers;

     (d) To propose ways of expanding the amount and kind of public information provided, increasing the utility and form of the public information provided and, where appropriate, to implement such proposals;

     (e) To propose ways of improving citizen and business access to public information, increasing the number of persons who obtain and use public information and, where appropriate, to implement such proposals;

     (f) To propose ways of expanding a gateway system and its services to citizens and businesses by providing add-on services to subscribers, such as, access to other for-profit information databases, electronic mail and calendaring;

     (g) To serve in an advisory capacity to the chief information officer and state agencies regarding the provision of state data to the citizens and businesses of Missouri; and

     (h) To seek advice from the general public, its subscribers, professional associations, academic groups, and institutions with knowledge or interest in computer networking, electronic mail, public information access, gateway services, add-on services and electronic filing of information.

     (2) All state agencies shall cooperate with the board in providing assistance as may be requested for the achievement of its purpose. Services and information to be provided by any agency shall be specified pursuant to contract between the board and such agency. Agencies may contract to recover from costs incurred by providing such assistance to the board.

     (3) The board shall not be subject to chapter 34, RSMo.

     5. (1) The board shall hire a network manager which may be either an individual, a company, an association or corporation. The board, in consultation with the chief information officer, shall develop criteria and specifications for the network manager and the duties of the network manager. The board may negotiate and enter into a contract with the network manager. The hiring contract shall specify the duties, responsibilities and compensation of the network manager and shall also include any other terms necessary to the agreement.

     (2) The network manager shall:

     (a) Direct and supervise the day-to-day operations and expansion of the gateway system, including the initial phase of operations necessary to make such gateway system operational;

     (b) Attend meetings of the board;

     (c) Keep records of all gateway, network and related operations of the board, which records shall be the property of the board;

     (d) Maintain all financial and operational records, documents and papers filed with the board;

     (e) Annually update the business plan of the board, in consultation with and under the direction of the board;

     (f) Submit, to the board, quarterly financial reports, an annual audit, an annual report and any other information requested by the board.

     (3) The chief information officer may provide to the board such staff and other assistance specified under contract.

     6. All moneys received by the board from gifts, donations, grants or any other sources available by law shall be deposited in the state treasury and credited to the "Information Network of Missouri Fund", which is hereby created in the state treasury. Notwithstanding the provisions of section 33.080, RSMo, money in the information network of Missouri fund shall not be transferred to the credit of the general revenue fund at the end of the biennium.