EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Chapter 242 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 10, inclusive, of this act.

1-3 Sec. 2. "Commission" means the information technology

1-4 commission created pursuant to section 5 of this act.

1-5 Sec. 3. The governor shall appoint a chief information officer who

1-6 has:

1-7 1. Not less than 5 years of experience managing an information

1-8 technology business or managing an information technology division

1-9 within a company;

1-10 2. Significant experience managing large and complex information

1-11 technology projects;

1-12 3. Knowledge of the Internet and software development; and

1-13 4. Skill in interpersonal communications and management.

2-1 Sec. 4. 1. The chief information officer shall:

2-2 (a) Develop objectives, policies, procedures and standards for the

2-3 development of information systems within the using agencies to achieve

2-4 maximum economy and quality while preserving maximum flexibility,

2-5 including, without limitation:

2-6 (1) Policies, procedures and standards for the interchange of

2-7 information within and among using agencies.

2-8 (2) Policies and standards concerning the use of the Internet by

2-9 using agencies.

2-10 (3) Policies to ensure the protection of data, resources and

2-11 individual privacy.

2-12 (b) Require each using agency to prepare and submit a biennial

2-13 information technology plan that has been reviewed and updated at least

2-14 once every 6 months containing the information required in subsection 2.

2-15 (c) Coordinate the preparation of the information technology plans of

2-16 each using agency.

2-17 (d) Upon receipt of an information technology plan from a using

2-18 agency, provide a copy of the plan to each member of the commission.

2-19 (e) Facilitate the implementation of information technology plans that

2-20 have been approved by the commission.

2-21 (f) Establish priorities in terms of importance and order of

2-22 implementation for the development and implementation of information

2-23 systems.

2-24 (g) Monitor the development of information systems to achieve the

2-25 maximum use of existing resources.

2-26 (h) Advise the governor concerning information technology policy

2-27 and make recommendations to the governor regarding appropriations for

2-28 information technology projects.

2-29 (i) Communicate frequently with the legislative and judicial branches

2-30 of government, local governments, the federal government, private

2-31 industry and consumers to promote cooperation and to obtain relevant

2-32 information and advice.

2-33 (j) Obtain reports from the director regarding:

2-34 (1) The strategic plan of the department, including, without

2-35 limitation, the services the department plans to offer to using agencies;

2-36 (2) Any planned major expenditures; and

2-37 (3) Any other item determined jointly by the director and the chief

2-38 information officer.

2-39 (k) Perform, at least once every 2 years with the assistance of the

2-40 planning unit created pursuant to section 7 of this act, a technical audit

2-41 of the management and use of information technology within the using

2-42 agencies and distribute copies of the results of the audit as set forth in

2-43 subsection 4.

3-1 (l) Prepare and submit an annual report before December 1st of each

3-2 year to the governor and to the director of the legislative counsel bureau

3-3 that contains:

3-4 (1) A summary of the current and projected use of information

3-5 technology within the using agencies.

3-6 (2) A description of any major changes in information technology

3-7 policy.

3-8 (3) A brief description of the information technology plans of each

3-9 using agency.

3-10 2. An information technology plan from a using agency must include

3-11 information concerning the objectives and expenditures for the next year

3-12 in the level of detail and in the format specified by the chief information

3-13 officer.

3-14 3. The chief information officer may approve or disapprove any of

3-15 the items listed in subparagraph (1), (2) or (3) of paragraph (j) of

3-16 subsection 1.

3-17 4. Upon completion of the technical audit performed pursuant to

3-18 paragraph (k) of subsection 1, the chief information officer shall:

3-19 (a) Provide copies of the results of the audit to:

3-20 (1) The using agency that was audited;

3-21 (2) The governor;

3-22 (3) The director of the legislative counsel bureau; and

3-23 (4) The commission.

3-24 (b) Present and review the results of the audit with the commission at

3-25 the next meeting of the commission.

3-26 5. The chief information officer may contract with a person who has

3-27 significant experience with information technology contracts to:

3-28 (a) Advise the chief information officer, the commission and using

3-29 agencies concerning information technology contracts; and

3-30 (b) Draft information technology contracts.

3-31 6. The chief information officer may monitor any ongoing

3-32 information technology project and may report the progress of a project

3-33 at each meeting of the commission.

3-34 7. Each using agency shall, upon request, provide the chief

3-35 information officer with complete access to any records, documents and

3-36 reports, including, without limitation, any electronic, analog or digital

3-37 records.

3-38 Sec. 5. 1. The information technology commission is hereby

3-39 created.

3-40 2. The commission is composed of up to 20 members as follows:

3-41 (a) The chief information officer.

3-42 (b) The director.

4-1 (c) Two members of the assembly, one whom is appointed by the

4-2 speaker of the assembly and one of whom is appointed by the minority

4-3 leader of the assembly.

4-4 (d) Two members of the senate, one of whom is appointed by the

4-5 majority leader of the senate and one of whom is appointed by the

4-6 minority leader of the senate.

4-7 (e) Four members from the executive branch of government,

4-8 appointed by the governor.

4-9 (f) Not more than 10 members from private industry who are experts

4-10 at information technology and are appointed by the governor.

4-11 3. Members of the commission who are officers or employees of this

4-12 state serve without additional compensation.

4-13 4. Members of the commission who are not officers or employees of

4-14 this state:

4-15 (a) Shall not receive compensation or other benefits for their service

4-16 on the commission.

4-17 (b) May, upon written request, receive a per diem allowance and

4-18 travel expenses provided for state officers and employees generally.

4-19 5. The legislators who are members of the commission are entitled to

4-20 receive the salary provided for a majority of the members of the

4-21 legislature during the first 60 days of the preceding session for each

4-22 day’s attendance at a meeting of the commission.

4-23 6. The members of the committee shall select the chairman from

4-24 among the legislative members of the committee. If a vacancy occurs in

4-25 the chairmanship, the vacancy must be filled in the same manner as the

4-26 original selection.

4-27 Sec. 6. 1. The commission shall meet at least once every 3 months

4-28 and at such other times deemed necessary by the chairman.

4-29 2. The commission shall:

4-30 (a) Study the present and future information technology needs of the

4-31 using agencies.

4-32 (b) Study any issue regarding information technology that the

4-33 commission finds relevant to furthering its general purposes.

4-34 (c) Make recommendations to the chief information officer regarding

4-35 policy, procedures and standards regarding information technology.

4-36 (d) Review the results of any technical audit performed by the chief

4-37 information officer pursuant to section 4 of this act.

4-38 (e) Create and keep current a long-term strategic plan for the use of

4-39 information technology in using agencies.

4-40 (f) Submit proposed legislation concerning the use of information

4-41 technology in using agencies.

4-42 (g) Rotate its meetings between a convenient location in Reno or

4-43 Carson City and Las Vegas.

5-1 3. The commission may terminate any information technology

5-2 project of the department or a using agency after holding a hearing at

5-3 which the relevant department or using agency may be heard and upon

5-4 approval of the governor.

5-5 4. The chairman may create any subcommittees that he deems

5-6 necessary to carry out the duties of the commission.

5-7 Sec. 7. 1. A planning unit is hereby created within the office of the

5-8 chief information officer.

5-9 2. The planning unit shall:

5-10 (a) Assist the chief information officer, the commission and using

5-11 agencies in developing short-term and long-term information technology

5-12 plans.

5-13 (b) Perform feasibility studies and cost-benefit analyses.

5-14 (c) Assist the chief information officer, the commission and using

5-15 agencies in estimating the budget and creating a schedule for a proposed

5-16 information technology project.

5-17 (d) Advise using agencies concerning the security of their information

5-18 systems and planning for recovery from a disaster.

5-19 (e) Assist the chief information officer in performing technical audits.

5-20 (f) Provide technical advice to the chief information officer, the

5-21 commission and using agencies for:

5-22 (1) Developing proposals for information technology projects;

5-23 (2) Business process reengineering;

5-24 (3) Establishing qualifications for consultants and contractors;

5-25 (4) Evaluating software and hardware that may be used in an

5-26 information technology project; and

5-27 (5) Oversight by the chief information officer of information

5-28 technology projects.

5-29 Sec. 8. 1. A contract administration unit is hereby created within

5-30 the office of the chief information officer.

5-31 2. The contract administration unit shall:

5-32 (a) Develop and issue requests for proposals for projects involving

5-33 information technology.

5-34 (b) Monitor the performance of existing contracts.

5-35 (c) Coordinate and monitor requests from using agencies for

5-36 information technology consultants through master service agreements.

5-37 (d) Advise the chief information officer and the commission

5-38 concerning issues related to contracts entered into by the chief

5-39 information officer, the commission and using agencies.

5-40 Sec. 9. 1. An emerging technology unit is hereby created within

5-41 the office of the chief information officer.

5-42 2. The emerging technology unit shall:

6-1 (a) Provide technical advice for and monitor the use of the Internet by

6-2 using agencies to provide information and services to the public.

6-3 (b) Review available information technology, including, without

6-4 limitation and if necessary, traveling to information technology

6-5 conferences and agencies in other states with innovative information

6-6 technology solutions.

6-7 (c) Advise the chief information officer and the commission

6-8 concerning all acquisitions of information technology, including, without

6-9 limitation, whether the proposed acquisition:

6-10 (1) Is necessary given the information technology resources

6-11 currently owned by the using agency;

6-12 (2) Is the best available information technology solution for

6-13 optimizing the work flow and business processes of the using agency;

6-14 and

6-15 (3) Will be compatible and will integrate with the existing

6-16 information systems of the using agency.

6-17 Sec. 10. 1. A committee for the setting of fees is hereby created.

6-18 2. The committee consists of five members composed of the following

6-19 people:

6-20 (a) The director, who is the chairman of the committee.

6-21 (b) The chief information officer.

6-22 (c) The chief of the budget division of the department of

6-23 administration or his designee.

6-24 (d) Two persons appointed by the governor who are employees of two

6-25 of the largest users of information technology within the using agencies.

6-26 3. The committee shall meet as often as necessary to determine the

6-27 fees that the department may charge for its services.

6-28 4. Three members constitute a quorum for the conduct of business.

6-29 5. The members of the committee are entitled to receive the per diem

6-30 allowance provided for state officers and employees generally and travel

6-31 expenses.

6-32 Sec. 11. NRS 242.011 is hereby amended to read as follows:

6-33 242.011 As used in this chapter, unless the context otherwise requires,

6-36 those sections.

6-37 Sec. 12. NRS 242.068 is hereby amended to read as follows:

6-38 242.068 "Using agency" means an executive agency of [the] this state

6-42 criminal justice information computer system.

7-1 Sec. 13. NRS 242.080 is hereby amended to read as follows:

7-2 242.080 1. The department of information technology is hereby

7-11 department.

7-12 Sec. 14. NRS 242.101 is hereby amended to read as follows:

7-13 242.101 1. The director shall:

7-21 methods for delivering informational services.

7-22 Sec. 15. NRS 242.111 is hereby amended to read as follows:

7-23 242.111 The director shall adopt regulations necessary for the

7-41 personnel of the department.

8-1 Sec. 16. NRS 242.135 is hereby amended to read as follows:

8-2 242.135 1. The director may recommend to the governor that a state

8-20 regulations adopted thereunder.

8-21 Sec. 17. NRS 242.151 is hereby amended to read as follows:

8-22 242.151 The director shall advise the using agencies regarding [:

8-31 recovery of systems and applications after they have been disrupted.]

8-32 Sec. 18. NRS 242.171 is hereby amended to read as follows:

8-33 242.171 [1.] The department is responsible for:

8-42 standards for justifying cost, any application of an information system

9-1 having an estimated developmental cost of $50,000 or more. No using

9-2 agency may commence development work on any such applications until

9-3 approval and authorization have been obtained from the director.]

9-4 Sec. 19. NRS 242.181 is hereby amended to read as follows:

9-5 242.181 1. Any state agency or elected state officer which uses the

9-12 of service and cost of service.

9-13 Sec. 20. NRS 242.015, 242.071, 242.115, 242.122, 242.123 and

9-14 242.124 are hereby repealed.

9-15 Sec. 21. This act becomes effective on July 1, 1999.

9-16 LEADLINES OF REPEALED SECTIONS

9-17 242.015 "Board" defined.

9-18 242.071 Legislative declaration; purposes of department of

9-20 242.115 Duties of planning and research unit.

9-21 242.122 Information technology advisory board: Creation;

9-23 242.123 Information technology advisory board: Meetings;

9-25 242.124 Information technology advisory board: Duties; powers.