Assembly Bill No. 367–Assemblymen Tiffany,
Beers and Cegavske

 

March 14, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Creates information technology commission. (BDR 19‑48)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to information services; creating the information technology commission; prescribing the qualifications, powers and duties of the commission; eliminating the information technology advisory board; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  the provisions set forth as sections 2 to 5, inclusive, of this act.

1-3    Sec.2.  “Commission” means the information technology

1-4  commission created pursuant to section 3 of this act.

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

1-6  created.

1-7    2.  The commission is composed of up to 13 members as follows:

1-8    (a) The governor.

1-9    (b) Two members of the assembly, appointed by the chairman of the

1-10  interim finance committee, one of whom must be a member of the

1-11  interim finance committee.

1-12    (c) Two members of the senate, appointed by the chairman of the

1-13  interim finance committee, one of whom must be a member of the

1-14  interim finance committee.

1-15    (d) Four members from the executive branch of state government,

1-16  appointed by the governor.

1-17    (e) Not more than four members from private industry who are

1-18  experts in the field of information technology and are appointed by the

1-19  governor.

1-20    3.  After the initial appointments, the term of each member appointed

1-21  to the commission is 2 years. A vacancy on the commission in an

2-1  appointed position must be filled for the remainder of the unexpired term

2-2  in the same manner as the original appointment. A member may be

2-3  reappointed to the commission.

2-4    4.  The governor is the chairman of the commission.

2-5    5.  The members of the commission shall select one vice chairman

2-6  from among the members appointed pursuant to paragraph (b) of

2-7  subsection 2 and one vice chairman from among the members appointed

2-8  pursuant to paragraph (c) of subsection 2. The term of a vice chairman is

2-9  1 year. If a vacancy occurs in the vice chairmanship, the vacancy must

2-10  be filled in the same manner as the original selection for the remainder

2-11  of the unexpired term.

2-12    Sec. 4.  1.  The commission shall meet at least once every calendar

2-13  quarter and at such other times as the chairman deems necessary. The

2-14  commission shall rotate its meetings between a convenient location in

2-15  Reno or Carson City or Las Vegas.

2-16    2.  A majority of the members of the commission constitutes a

2-17  quorum, and a quorum may exercise all the power and authority

2-18  conferred on the commission.

2-19    3.  The chairman may appoint such subcommittees of the members of

2-20  the commission as he deems necessary to carry out the duties of the

2-21  commission.

2-22    4.  Members of the commission who are officers or employees of this

2-23  state serve without additional compensation, but are entitled to receive

2-24  the per diem allowance and travel expenses provided for state officers

2-25  and employees generally.

2-26    5.  Members of the commission who are not officers or employees of

2-27  this state or legislators serve without compensation, except that for each

2-28  day or portion of a day during which such a member attends a meeting of

2-29  the commission or is otherwise engaged in the business of the

2-30  commission, he is entitled to receive the per diem allowance and travel

2-31  expenses provided for state officers and employees generally.

2-32    6.  Except during a regular or special session of the legislature, a

2-33  member of the commission who is a legislator is entitled to receive the

2-34  compensation provided for a majority of the members of the legislature

2-35  during the first 60 days of the preceding regular session for each day or

2-36  portion of a day during which he attends a meeting of the commission or

2-37  is otherwise engaged in the business of the commission, plus the per diem

2-38  allowance provided for state officers and employees generally and the

2-39  travel expenses provided pursuant to NRS 218.2207. The compensation,

2-40  per diem allowances and travel expenses of the legislative members of the

2-41  commission must be paid from the legislative fund.

2-42    Sec.5.  1.  The commission shall:

2-43    (a) Study the present and future needs of the using agencies relating

2-44  to information technology.

2-45    (b) Keep informed about the information technology, information

2-46  systems and operations of using agencies and the resources and

2-47  information services which are shared by using agencies. A using agency

2-48  shall respond to a request from the commission for information

3-1  regarding the information technology, information systems and

3-2  operations of the using agency.

3-3    (c) Review and comment on proposed projects and changes to existing

3-4  projects relating to the information technology, information systems and

3-5  operations of using agencies.

3-6    (d) Monitor using agencies for compliance with statewide strategies,

3-7  policies and standards, including, without limitation, the business goals

3-8  of the state.

3-9    (e) Advise using agencies regarding the effective and efficient use of

3-10  information technology and standards to ensure that the information

3-11  systems and operations of all using agencies are integrated to the extent

3-12  possible.

3-13    (f) Review any internal audits of the use of information technology by

3-14  a using agency.

3-15    (g) Study any issue regarding information technology that the

3-16  commission finds relevant to its purposes.

3-17    (h) Develop recommendations for proposed legislation regarding:

3-18      (1) Long-term planning relating to the use of information

3-19  technology by using agencies, including, without limitation, the

3-20  preparation of a model long-term strategic plan;

3-21      (2) Standards, practices, policies and conventions for the use of

3-22  information technology by using agencies;

3-23      (3) Information systems which could be used by multiple using

3-24  agencies and which do not require independent development for each

3-25  using agency; and

3-26      (4) The use of a single, integrated information system for all using

3-27  agencies.

3-28    (i) Prepare and publish one or more reports of the studies conducted

3-29  by the commission.

3-30    2.  The commission may comment on or recommend the termination

3-31  of any project relating to information technology proposed by the

3-32  department or a using agency after holding a hearing at which the

3-33  department and using agency may be heard.

3-34    Sec. 6.  NRS 242.011 is hereby amended to read as follows:

3-35    242.011  As used in this chapter, unless the context otherwise requires,

3-36  the words and terms defined in NRS [242.015] 242.031 to 242.068,

3-37  inclusive, and section 2 of this act have the meanings ascribed to them in

3-38  those sections.

3-39    Sec. 7.  NRS 242.068 is hereby amended to read as follows:

3-40    242.068  “Using agency” means an agency of the executive branch of

3-41  state government which has a function requiring the use of information

3-42  technology, information services or an information system. The term does

3-43  not include the University and Community College System of Nevada or

3-44  the central repository for Nevada records of criminal history.

3-45    Sec. 8.  NRS 242.221 is hereby amended to read as follows:

3-46    242.221  1.  All claims made pursuant to NRS [242.122] 242.125 to

3-47  242.241, inclusive, and sections 3, 4 and 5 of this act must, when

4-1  approved by the department, be audited and paid as other claims against

4-2  the state are paid.

4-3    2.  If the state controller finds that current claims against the fund for

4-4  information services exceed the amount available in the fund to pay the

4-5  claims, he may advance temporarily from the state general fund to the

4-6  appropriate fund the amount required to pay the claims, but no more than

4-7  25 percent of the revenue expected to be received in the current fiscal year

4-8  from any source authorized for the fund. No amount may be transferred

4-9  unless requested by the chief of the budget division of the department of

4-10  administration.

4-11    Sec. 9.  Chapter 233F of NRS is hereby amended by adding thereto a

4-12  new section to read as follows:

4-13    “Commission” means the information technology commission created

4-14  pursuant to section 3 of this act.

4-15    Sec. 10.  NRS 233F.010 is hereby amended to read as follows:

4-16    233F.010  As used in this chapter, unless the context otherwise

4-17  requires, the words and terms defined in NRS 233F.020 to 233F.065,

4-18  inclusive, and section 9 of this act have the meanings ascribed to them in

4-19  those sections.

4-20    Sec. 11.  NRS 233F.260 is hereby amended to read as follows:

4-21    233F.260  The [board] commission or its designee shall provide advice

4-22  to the telecommunications unit on the use of telecommunications by the

4-23  state government, including:

4-24    1.  The development of policies, standards, plans and designs;

4-25    2.  The procurement of systems, facilities and services;

4-26    3.  The integration of telecommunications systems with other state and

4-27  local governmental systems; and

4-28    4.  New technology that may become or is available.

4-29    Sec. 12.  NRS 233F.270 is hereby amended to read as follows:

4-30    233F.270  1.  The telecommunications unit, with the advice of the

4-31  [board,] commission or its designee, shall:

4-32    (a) Plan, carry out and administer a state telecommunications system.

4-33  When available at a competitive cost, the telecommunications unit shall

4-34  use the facilities of telephone companies providing local exchange service.

4-35    (b) Make arrangements for the installation of a central telephone

4-36  switchboard or switchboards to serve the state offices in one or more

4-37  buildings as may be practical or feasible.

4-38    2.  The system must be integrated and may include services between

4-39  the state and any cities, counties and schools.

4-40    3.  The department may consider for the system all the

4-41  telecommunications requirements of the state and its political subdivisions.

4-42    Sec. 13.  NRS 233F.030, 242.015, 242.122, 242.123 and 242.124 are

4-43  hereby repealed.

4-44    Sec. 14.  The terms of the appointed members of the information

4-45  technology advisory board expire on June 30, 2001.

4-46    Sec. 15.  As soon as practicable after July 1, 2001:

4-47    1.  The chairman of the interim finance committee shall appoint to the

4-48  information technology commission pursuant to:

4-49    (a) Paragraph (b) of subsection 2 of section 3 of this act:

5-1       (1) One member whose initial term expires on June 30, 2002.

5-2       (2) One member whose initial term expires on June 30, 2003.

5-3    (b) Paragraph (c) of subsection 2 of section 3 of this act:

5-4       (1) One member whose initial term expires on June 30, 2002.

5-5       (2) One member whose initial term expires on June 30, 2003.

5-6    2.  The governor shall appoint to the information technology

5-7  commission pursuant to:

5-8    (a) Paragraph (d) of subsection 2 of section 3 of this act:

5-9       (1) Two members whose initial terms expire on June 30, 2002.

5-10      (2) Two members whose initial terms expire on June 30, 2003.

5-11    (b) Paragraph (e) of subsection 2 of section 3 of this act, a number of

5-12  members not to exceed four, approximately one-half of whom must be

5-13  appointed to initial terms which expire on June 30, 2002, and the remainder

5-14  of whom must be appointed to initial terms which expire on June 30, 2003.

5-15    Sec. 16.  This act becomes effective on July 1, 2001.

 

5-16  LEADLINES OF REPEALED SECTIONS

 

5-17    233F.030  “Board” defined.

5-18    242.015  “Board” defined.

5-19    242.122  Information technology advisory board: Creation;

5-20   members; chairman.

5-21    242.123  Information technology advisory board: Meetings;

5-22   compensation.

5-23    242.124  Information technology advisory board: Duties; powers.

 

5-24  H