41-3504
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41-3504. Powers and duties of the agency; violation; classification A. For budget units, the agency shall: 1. Develop, implement and maintain a coordinated statewide plan for information technology. This includes: (a) Adopting statewide technical, coordination and security standards for information technology. (b) Serving as statewide coordinator for information technology resources. (c) Developing a statewide disaster recovery plan. (d) Developing a list of approved agency projects by priority category. (e) Developing a detailed list of information technology assets owned, leased or employed by this state. (f) Evaluating and either approving or disapproving budget unit information technology plans. Budget units shall submit information technology plans that include quality assurance plans and disaster recovery plans to the agency each year on or before September 1. The legislative and judicial departments of state government shall submit information technology plans for information purposes. (g) Evaluating specific information technology projects relating to the approved budget unit and statewide information technology plans. The agency shall approve or reject projects with total costs of at least twenty-five thousand dollars but not more than one million dollars and may establish conditional approval criteria including procurement purchase authority. If the total project costs exceed one million dollars the agency shall evaluate the project and make recommendations to the committee. Beginning on June 1, 1998, as part of a budget request for an information technology project that has total costs of at least twenty-five thousand dollars, a budget unit shall indicate the status of review by the agency. Projects shall not be artificially divided to avoid review by the agency. 2. Require that budget units incorporate life cycle analysis prescribed by section 41-2553 into the information technology planning, budgeting and procurement processes. 3. Require that budget units demonstrate expertise to carry out information technology plans, either by employing staff or contracting for outside services. 4. Monitor information technology projects that the agency considers to be major or critical, including expenditure and activity reports and periodic review. 5. Temporarily suspend the expenditure of monies if the agency determines that the information technology project is at risk of failing to achieve its intended results or does not comply with the requirements of this section. 6. Continuously study emergent technology and evaluate its impact on this state's system. 7. Advise each budget unit as necessary and report to the committee on an annual basis. 8. Provide to budget units, information technology consulting services it deems necessary, either directly or by procuring outside consulting services. 9. Maintain all otherwise confidential information received from a budget unit pursuant to this section as confidential. 10. Provide staff support to the committee. 11. Subject to section 35-149, accept, spend and account for grants, monies and direct payments from public or private sources and other grants of monies or property for the conduct of programs that it deems consistent with the overall purposes and objectives of the agency. 12. Adopt rules it deems necessary or desirable to further the objectives and programs of the agency. 13. Formulate policies, plans and programs to effectuate the purposes of the agency. 14. Advise and make recommendations to the governor and the legislature on all matters concerning its objectives. 15. Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any public or private party. 16. Have an official seal that shall be judicially noticed. B. The agency shall advise the judicial and legislative branches of state government concerning information technology. C. The agency may examine all books, papers, records and documents in the office of any budget unit and may require any state officer of the budget unit to furnish information or statements necessary to carry out the provisions of this chapter. D. The director, any member of the director's staff or any employee who knowingly divulges or makes known in any manner not permitted by law any particulars of any confidential record, document or information is guilty of a class 5 felony. |