54-59 Information Technology Department

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CHAPTER 54-59INFORMATION TECHNOLOGY DEPARTMENT54-59-01. Definitions. As used in this chapter:1."Agency" or "entity" does not include any agricultural commodity promotion group or any occupational or professional board.2."Department" means the information technology department.3."Information technology" means the use of hardware, software, services, and supporting infrastructure to manage and deliver information using voice, data, and video.4."Network services" means the equipment, software, and services necessary to transmit voice, data, or video.54-59-02. Information technology department - Responsibility - Public policy. Theinformation technology department is established with the responsibility for all wide area network services planning, selection, and implementation for all state agencies, including institutions under the control of the board of higher education, counties, cities, and school districts in this state. With respect to a county, city, or school district, wide area network services are those services necessary to transmit voice, data, or video outside the county, city, or school district. In exercising its powers and duties, the department is responsible for computer support services, host software development, statewide communications services, standards for providing information to other state agencies and the public through the internet, technology planning, process redesign, and quality assurance.The department may not exercise its powers anddutiesinamannerthatcompetesorotherwiseinterfereswiththeprovisionoftelecommunications service to a private, charitable, or nonprofit entity by a privately or cooperatively owned telecommunications company.54-59-02.1. Prioritization of proposed major information technology projects. Thedepartment shall submit information regarding proposed major information technology projects for executive branch state agencies, departments, and institutions, excluding institutions under control of the state board of higher education and agencies of the judicial and legislative branches to the state information technology advisory committee. The committee shall review the projects and rank those projects that receive the committee's affirmative recommendation. The chief information officer shall submit recommendations of the committee regarding the prioritization of major information technology projects to the information technology committee, the office of management and budget, and the appropriations committees of the legislative assembly. The judicial and legislative branches shall notify biennially the committee on their major information technology projects and priorities.54-59-03. Chief information officer of the state. The governor shall appoint the chiefinformation officer of the state. The governor shall appoint the chief information officer on the basis of education, experience, and other qualifications in information technology and administration. The position of chief information officer is not a classified position. The chief information officer serves at the pleasure of the governor. The governor shall set the salary of the chief information officer within the limits of legislative appropriations.54-59-04. Duties of chief information officer. The chief information officer shall:1.Administer the department.2.Employ any personnel determined to be necessary to carry out the responsibilities of the department and duties as prescribed by law.Page No. 13.Fix the salaries of all employees within the department, within the limits of legislative appropriation.All personnel within the department are entitled to actual andnecessary travel expenses at the same rate as for other employees of the state.54-59-05. Powers and duties of department. The department:1.Shall provide, supervise, and regulate information technology of all executive branch state entities, excluding the institutions under the control of the board of higher education.2.Shall provide network services in a way that ensures the network requirements of a single entity do not adversely affect the functionality of the whole network, facilitates open communications with the citizens of the state, minimizes the state's investment in human resources, accommodates an ever-increasing amount of traffic, supports rapid detection and resolution of problems, protects the network infrastructure from damage and security breaches, provides for the aggregation of data, voice, video, and multimedia into a statewide transport mechanism or backbone, and provides for the network support for the entity to carry out its mission.3.May review and approve additional network services that are not provided by the department.4.Maypurchase,financethepurchase,orleaseequipment,software,orimplementation services or replace, including by trade or resale, equipment or software as may be necessary to carry out this chapter. An agreement to finance the purchase of software, equipment, or implementation services may not exceed a period of five years. The department shall submit any intended financing proposal for the purchase of software, equipment, or implementation services under this subsection, which is in excess of one million dollars, to the budget section of the legislative management or the legislative assembly before executing a financing agreement. If the budget section or the legislative assembly does not approve the execution of a financing agreement, the department may not proceed with the proposed financing arrangement.The department may finance the purchase ofsoftware, equipment, or implementation services only to the extent the purchase amount does not exceed seven and one-half percent of the amount appropriated to the department during that biennium.5.Shall review requests for lease, purchase, or other contractual acquisition of information technology as required by this subsection.Each executive branchagency or institution, excluding the institutions under the control of the board of higher education, shall submit to the department, in accordance with guidelines established by the department, a written request for the lease, purchase, or other contractual acquisition of information technology.The department shall reviewrequests for conformance with the requesting entity's information technology plan and compliance with statewide policies and standards.If the request is not inconformance or compliance, the department may disapprove the request or require justification for the departure from the plan or statewide policy or standard.6.Shall provide information technology, including assistance and advisory service, to the executive, legislative, and judicial branches. If the department is unable to fulfill a request for service from the legislative or judicial branch, the information technology may be procured by the legislative or judicial branch within the limits of legislative appropriations.7.Shall request and review information, including project startup information summarizing the project description, project objectives, business need or problem, cost-benefit analysis, and project risks and a project closeout information summarizing the project objectives achieved, project budget and schedule variances, and lessons learned, regarding any major information technology projectPage No. 2of an executive branch agency. The department shall present the information to the information technology committee on request of the committee.8.May request and review information regarding any information technology project of an executive branch agency with a total cost of between one hundred thousand and two hundred fifty thousand dollars as determined necessary by the department. The department shall present the information to the information technology committee on request of the committee.9.Shall study emerging technology and evaluate its impact on the state's system of information technology.10.Shall develop guidelines for reports to be provided by each agency of the executive, legislative, and judicial branches, excluding the institutions under the control of the board of higher education, on information technology in those entities.11.Shall collaborate with the state board of higher education on guidelines for reports to be provided by institutions under control of the state board of higher education on information technology in those entities.12.Shall perform all other duties necessary to carry out this chapter.13.May provide wide area network services to a state agency, city, county, school district, or other political subdivision of this state.The information technologydepartment may not provide wide area network service to any private, charitable, or nonprofit entity except the information technology department may continue to provide the wide area network service the department provided to the private, charitable, and nonprofit entities receiving services from the department on January 1, 2003.14.Shall assure proper measures for security, firewalls, and internet protocol addressing at the state's interface with other facilities.15.Notwithstanding subsection 13, may provide wide area network services for a period not to exceed four years to an occupant of a technology park associated with an institution of higher education or to a business located in a business incubator associated with an institution of higher education.54-59-06. Business plan. The department shall develop and maintain a business plan.The business plan must:1.Define the department's overall organization, mission, and delivery of services.2.Define the department's short-term and long-term goals and objectives based on customer needs.3.Outline the strategies and activities necessary to meet the goals and objectives of the department while improving the efficiency of the department and improving service to customers.4.Define rates and funding mechanisms necessary to finance the proposed activities of the department.5.Define a method for evaluating progress toward the goals outlined in the business plan.6.Determine the specific strategies and processes to ensure that agencies share information, systems, and the statewide network.Page No. 37.Address the processes that will be put in place to ensure that the department exercises its powers and duties with minimal delay, cost, and procedural burden to an entity receiving services from the department; to ensure that the department provides prompt, high-quality services to an entity receiving services from the department; to ensure that an entity receiving services from the department is aware of the technology available and to ensure training on its use; and to foster information technology innovation by state entities.54-59-07. State information technology advisory committee. The state informationtechnology advisory committee consists of the chief information officer; the commissioner of higher education or the commissioner's designee; the attorney general or the attorney general's designee; the secretary of state or the secretary of state's designee; the tax commissioner or the commissioner's designee; the chief justice of the supreme court or the chief justice's designee; two members of the legislative assembly appointed by the legislative management; a minimum of eight members representing state agencies, appointed by the governor; and two members with technology management expertise representing private industry, appointed by the governor. The appointees of the governor serve at the pleasure of the governor.The governor shalldesignate the chairman of the committee. Additional members may be asked to participate at the request of the chairman. The department shall provide staff services to the committee. The members of the committee representing private industry are entitled to be compensated for time spent in attendance at meetings of the committee and for other travel as approved by the chairman of the committee at the rate of sixty-two dollars and fifty cents per day and are entitled to reimbursement for actual and necessary expenses incurred in the same manner as other state officials. The compensation and expenses are to be paid from appropriations for the department. The committee shall advise the department regarding statewide information technology planning and budgeting, services of the information technology department, and statewide information technology initiatives and policy and shall review reports on major information technology projects as required by this chapter and policies, standards, and guidelines developed by the department.The chief information officer shall submit recommendations of the committeeregarding information technology issues to the information technology committee for its consideration.54-59-08.Required use of wide area network services.Each state agency andinstitution that desires access to wide area network services and each county, city, and school district that desires access to wide area network services to transmit voice, data, or video outside that county, city, or school district shall obtain those services from the department. The chief information officer may exempt from the application of this section a county, city, or school district that demonstrates its current wide area network services are more cost-effective for or more appropriate for the specific needs of that county, city, or school district than wide area network services available from the department.54-59-09.Information technology standards.Based on information from stateagencies and institutions, the department and the office of management and budget shall develop statewide information technology policies, standards, and guidelines.The policies,standards, and guidelines must recognize the uniqueness of certain agencies and state which agencies are included or exempted from the policies, standards, and guidelines. The policies, standards, and guidelines must be reviewed by the state information technology advisory committee. Each executive branch state agency and institution, excluding the institutions under the control of the board of higher education, shall comply with the policies and standards developed by the department and the office of management and budget unless the chief information officer exempts an agency from the policies, standards, and guidelines to address situations unique to that agency. Unless an exemption is granted by the chief information officer, each entity receiving wide area network services provided by the department shall comply with the policies and standards developed by the department with respect to access to or use of wide area network services.54-59-10.Information technology coordinators.Each agency or institution shallappoint an information technology coordinator. The coordinator shall maintain liaison with thePage No. 4department and assist the department in areas related to making the most economical use of information technology.54-59-11.Information technology plans.Each executive branch state agency orinstitution, excluding the institutions under the control of the board of higher education, unless the chief information officer grants an exemption, shall participate in the information technology planning process based on guidelines developed by the department.The plan must besubmitted to the department by August fifteenth of each even-numbered year unless the chief information officer grants an extension.The department shall review each entity's plan forcompliance with statewide information technology policies and standards and may require an entity to change its plan to comply with statewide policies or standards or to resolve conflicting directions among plans.Agencies of the judicial and legislative branches shall file theirinformation technology plans with the department by August fifteenth of each even-numbered year. Based on the plans, the department shall prepare a statewide information technology plan and distribute copies of that plan to members of the legislative assembly as requested by the legislative council. The statewide information technology plan must be developed with emphasis on long-term strategic goals, objectives, and accomplishments.54-59-12. Coordination of activities - Reports. The department shall cooperate witheach state entity providing access to any computer data base or electronically filed or stored information under subsection 4 of section 44-04-18 to assist in providing economical, efficient, and compatible access. The chief information officer shall conduct conferences and meetings with political subdivisions to review and coordinate information technology. The chief information officer and the commissioner of the board of higher education shall meet at least twice each year to plan and coordinate their information technology.The chief information officer andcommissioner shall consider areas in which joint or coordinated information technology may result in more efficient and effective state government operations.Upon request, the chiefinformation officer shall report to the legislative management regarding the coordination of services with political subdivisions, and the chief information officer and commissioner shall report to the legislative management regarding their findings and recommendations.54-59-13. Compliance reviews. 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54-59 Information Technology Department