NRS: CHAPTER 242 - INFORMATION SERVICES

[Rev. 10/3/2007 6:20:53 PM]

CHAPTER 242 - INFORMATION SERVICES

GENERAL PROVISIONS

NRS 242.011 Definitions.

NRS 242.015 “Board” defined.

NRS 242.031 “Department” defined.

NRS 242.041 “Director” defined.

NRS 242.051 “Equipment” defined.

NRS 242.055 “Information service” defined.

NRS 242.057 “Information system” defined.

NRS 242.059 “Information technology” defined.

NRS 242.068 “Using agency” defined.

NRS 242.071 Legislative declaration; purposes of Department of Information Technology.

DEPARTMENT OF INFORMATION TECHNOLOGY

NRS 242.080 Creation; composition.

NRS 242.090 Director: Appointment; qualifications; other employment prohibited.

NRS 242.101 Director: Powers and duties.

NRS 242.105 Confidentiality of certain documents relating to homeland security: List; biennial review; annual report.

NRS 242.111 Regulations.

NRS 242.115 Duties of Planning and Research Unit.

NRS 242.122 Information Technology Advisory Board: Creation; members; Chairman.

NRS 242.123 Information Technology Advisory Board: Meetings; compensation.

NRS 242.124 Information Technology Advisory Board: Duties; powers.

NRS 242.125 Consultation and coordination with state agencies not required to use services of Department.

SERVICES

NRS 242.131 Services provided for agencies and elected officers of State: Negotiation; withdrawal; contracts to provide services.

NRS 242.135 Employment of one or more persons to provide information services for agency or elected officer of State.

NRS 242.141 Services provided other than for agencies and elected officers of State.

NRS 242.151 Director to advise agencies.

NRS 242.161 Managerial control of equipment owned or leased by State.

NRS 242.171 Responsibilities of Department; review of proposed applications of information systems.

NRS 242.181 Adherence by using agencies and elected officers of State to regulations; uniformity of services.

NRS 242.191 Amount receivable from agency: Determination; itemized statement.

NRS 242.211 Fund for Information Services: Creation; source and use.

NRS 242.221 Approval and payment of claims; temporary advances.

NRS 242.231 Payment by agency for services.

NRS 242.241 Repayment of costs of construction of computer facility.

MISCELLANEOUS PROVISIONS

NRS 242.300 Policy of state agency for appropriate use of computers by employees of agency.

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GENERAL PROVISIONS

NRS 242.011 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 242.015 to 242.068, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1969, 930; A 1973, 975; 1977, 1183; 1981, 1145; 1993, 1540)

NRS 242.015 “Board” defined. “Board” means the Information Technology Advisory Board.

(Added to NRS by 1993, 1538)

NRS 242.031 “Department” defined. “Department” means the Department of Information Technology.

(Added to NRS by 1981, 1143; A 1993, 1540; 1997, 3083)

NRS 242.041 “Director” defined. “Director” means the Director of the Department.

(Added to NRS by 1981, 1143)

NRS 242.051 “Equipment” defined. “Equipment” means any machine or device designed for the automatic handling of information, including but not limited to recording, storage, transmission and retrieval.

(Added to NRS by 1969, 930; A 1981, 1146; 1993, 1540)

NRS 242.055 “Information service” defined. “Information service” means any service relating to the creation, maintenance, operation or use of an information system.

(Added to NRS by 1993, 1538)

NRS 242.057 “Information system” defined. “Information system” means any communications or computer equipment, computer software, procedures, personnel or technology used to collect, process, distribute or store information within the Executive Branch of State Government.

(Added to NRS by 1993, 1538)

NRS 242.059 “Information technology” defined. “Information technology” means any information, information system or information service acquired, developed, operated, maintained or otherwise used within the Executive Branch of State Government.

(Added to NRS by 1993, 1539)

NRS 242.068 “Using agency” defined. “Using agency” means an agency of the State which has a function requiring the use of information technology, information services or an information system.

(Added to NRS by 1981, 1143; A 1993, 1540)

NRS 242.071 Legislative declaration; purposes of Department of Information Technology.

1. The Legislature hereby determines and declares that the creation of the Department of Information Technology is necessary for the coordinated, orderly and economical processing of information in State Government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.

2. The purposes of the Department are:

(a) To perform information services for state agencies.

(b) To provide technical advice but not administrative control of the information systems within the state agencies, county agencies and governing bodies and agencies of incorporated cities and towns.

(Added to NRS by 1965, 972; A 1969, 933; 1973, 352; 1981, 1143; 1993, 1540; 1997, 3083)

DEPARTMENT OF INFORMATION TECHNOLOGY

NRS 242.080 Creation; composition.

1. The Department of Information Technology is hereby created.

2. The Department consists of the Director and the:

(a) Planning and Programming Division.

(b) Communication and Computing Division.

3. A Planning and Research Unit is hereby created within the Planning and Programming Division of the Department.

4. A Communications Unit and a Telecommunications Unit are hereby created within the Communication and Computing Division of the Department.

(Added to NRS by 1981, 1143; A 1993, 1541; 1997, 3083; 2007, 915)

NRS 242.090 Director: Appointment; qualifications; other employment prohibited.

1. The Governor shall appoint the Director in the unclassified service of the State. In selecting the Director, the Governor shall consider recommendations of the Department of Personnel relating to minimum qualifications.

2. The Director:

(a) Serves at the pleasure of the Governor and is responsible to him.

(b) Shall not engage in any other gainful employment or occupation.

(Added to NRS by 1981, 1143; A 1983, 641; 1985, 413)

NRS 242.101 Director: Powers and duties.

1. The Director shall:

(a) Appoint the chiefs of the divisions in the unclassified service of the State;

(b) Administer the provisions of this chapter and other provisions of law relating to the duties of the Department; and

2. The Director may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.

(Added to NRS by 1981, 1143)

NRS 242.105 Confidentiality of certain documents relating to homeland security: List; biennial review; annual report.

1. Except as otherwise provided in subsection 3, records and portions of records that are assembled, maintained, overseen or prepared by the Department to mitigate, prevent or respond to acts of terrorism, the public disclosure of which would, in the determination of the Director, create a substantial likelihood of threatening the safety of the general public are confidential and not subject to inspection by the general public to the extent that such records and portions of records consist of or include:

(a) Information regarding the infrastructure and security of information systems, including, without limitation:

(1) Access codes, passwords and programs used to ensure the security of an information system;

(2) Access codes used to ensure the security of software applications;

(3) Procedures and processes used to ensure the security of an information system; and

(4) Plans used to reestablish security and service with respect to an information system after security has been breached or service has been interrupted.

(b) Assessments and plans that relate specifically and uniquely to the vulnerability of an information system or to the measures which will be taken to respond to such vulnerability, including, without limitation, any compiled underlying data necessary to prepare such assessments and plans.

(c) The results of tests of the security of an information system, insofar as those results reveal specific vulnerabilities relative to the information system.

2. The Director shall maintain or cause to be maintained a list of each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1. The list described in this subsection must be prepared and maintained so as to recognize the existence of each such record or portion of a record without revealing the contents thereof.

3. At least once each biennium, the Director shall review the list described in subsection 2 and shall, with respect to each record or portion of a record that the Director has determined to be confidential pursuant to subsection 1:

(a) Determine that the record or portion of a record remains confidential in accordance with the criteria set forth in subsection 1;

(b) Determine that the record or portion of a record is no longer confidential in accordance with the criteria set forth in subsection 1; or

(c) If the Director determines that the record or portion of a record is obsolete, cause the record or portion of a record to be disposed of in the manner described in NRS 239.073 to 239.125, inclusive.

4. On or before February 15 of each year, the Director shall:

(a) Prepare a report setting forth a detailed description of each record or portion of a record determined to be confidential pursuant to this section, if any, accompanied by an explanation of why each such record or portion of a record was determined to be confidential; and

(b) Submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to:

(1) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

(2) If the Legislature is not in session, the Legislative Commission.

5. As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 239C.030.

(Added to NRS by 2003, 2461; A 2005, 268)

NRS 242.111 Regulations. The Director shall adopt regulations necessary for the administration of this chapter, including:

1. The policy for the information systems of the Executive Branch of Government, excluding the Nevada System of Higher Education and the Nevada Criminal Justice Information Computer System, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of information systems to meet the requirements of state agencies and officers at the least cost to the State;

2. The procedures of the Department in providing information services, which may include provision for the performance, by an agency which uses the services or equipment of the Department, of preliminary procedures, such as data recording and verification, within the agency;

3. The effective administration of the Department, including, without limitation, security to prevent unauthorized access to information systems and plans for the recovery of systems and applications after they have been disrupted;

4. The development of standards to ensure the security of the information systems of the Executive Branch of Government; and

5. Specifications and standards for the employment of all personnel of the Department.

(Added to NRS by 1965, 973; A 1973, 1462; 1981, 1145; 1989, 2154; 1993, 369, 1541; 1995, 585; 1997, 3084; 2007, 915)

NRS 242.115 Duties of Planning and Research Unit.

1. Except as otherwise provided in subsection 2, the Planning and Research Unit of the Planning and Programming Division of the Department shall:

(a) Develop policies and standards for the information systems of the Executive Branch of Government;

(b) Coordinate the development of a biennial state plan for the information systems of the Executive Branch of Government;

(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems;

(d) Develop guidelines and procedures for the procurement and maintenance of the information systems of the Executive Branch of Government; and

(e) Perform other planning and research functions at the direction of the Director.

2. This section does not apply to the Nevada System of Higher Education or the Nevada Criminal Justice Information Computer System used to provide support for the operations of law enforcement agencies in this State.

(Added to NRS by 1989, 2153; A 1993, 370, 1541; 1995, 586; 1997, 3084; 2007, 916)

NRS 242.122 Information Technology Advisory Board: Creation; members; Chairman.

1. There is hereby created an Information Technology Advisory Board. The Board consists of:

(a) One member appointed by the Majority Floor Leader of the Senate from the membership of the Senate Standing Committee on Finance during the immediately preceding session of the Legislature.

(b) One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Ways and Means during the immediately preceding session of the Legislature.

(c) Two representatives of using agencies which are major users of the services of the Department. The Governor shall appoint the two representatives. Each such representative serves for a term of 2 years. For the purposes of this paragraph, an agency is a “major user” if it is among the top five users of the services of the Department, based on the amount of money paid by each agency for the services of the Department during the immediately preceding biennium.

(d) The Director of the Department of Administration or his designee.

(e) The Superintendent of Public Instruction of the Department of Education or his designee.

(f) Three persons appointed by the Governor in July of each odd-numbered year as follows:

(1) One person who represents a city or county in this State; and

(2) Two persons who represent the information technology industry but who:

(I) Are not employed by this State;

(II) Do not hold any elected or appointed office in State Government;

(III) Do not have an existing contract or other agreement to provide information services, systems or technology to an agency of this State; and

(IV) Are independent of and have no direct or indirect pecuniary interest in a corporation, association, partnership or other business organization which provides information services, systems or technology to an agency of this State.

2. Each person appointed pursuant to paragraph (f) of subsection 1 serves for a term of 2 years. No person so appointed may serve more than 2 consecutive terms.

3. At the first regular meeting of each calendar year, the members of the Board shall elect a Chairman by majority vote.

(Added to NRS by 1993, 1539)

NRS 242.123 Information Technology Advisory Board: Meetings; compensation.

1. The Board shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chairman.

2. Members of the Board who are officers or employees of the Executive Department of State Government serve without additional compensation. Members who are not officers or employees of the Executive Department of State Government are entitled to a salary of $80 for each day or part of a day spent on the business of the Board. All members of the Board are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 1993, 1539)

NRS 242.124 Information Technology Advisory Board: Duties; powers.

1. The Board shall:

(a) Advise the Department concerning issues relating to information technology, including, without limitation, the development, acquisition, consolidation and integration of, and policies, planning and standards for, information technology.

(b) Periodically review the Department’s statewide strategic plans and standards manual for information technology.

(c) Review the Department’s proposed budget before its submission to the Budget Division of the Department of Administration.

2. The Board may:

(a) With the consent of the Department, recommend goals and objectives for the Department, including periods and deadlines in which to achieve those goals and objectives.

(b) Upon request by a using agency, review issues and policies concerning information technology to resolve disputes with the Department.

(Added to NRS by 1993, 1539)

NRS 242.125 Consultation and coordination with state agencies not required to use services of Department. Regulations, policies, standards and guidelines adopted pursuant to the provisions of this chapter must be developed after consultation and coordination with state agencies that are not required to use the services or equipment of the Department.

(Added to NRS by 1989, 2154)

SERVICES

NRS 242.131 Services provided for agencies and elected officers of State: Negotiation; withdrawal; contracts to provide services.

1. The Department shall provide state agencies and elected state officers with all their required design of information systems. All agencies and officers must use those services and equipment, except as otherwise provided in subsection 2.

2. The following agencies may negotiate with the Department for its services or the use of its equipment, subject to the provisions of this chapter, and the Department shall provide those services and the use of that equipment as may be mutually agreed:

(a) The Court Administrator;

(b) The Department of Motor Vehicles;

(d) The Department of Transportation;

(e) The Employment Security Division of the Department of Employment, Training and Rehabilitation;

(f) The Department of Wildlife;

(g) The Housing Division of the Department of Business and Industry;

(h) The Legislative Counsel Bureau;

(i) The State Controller;

(j) The State Gaming Control Board and Nevada Gaming Commission; and

(k) The Nevada System of Higher Education.

3. Any state agency or elected state officer who uses the services of the Department and desires to withdraw substantially from that use must apply to the Director for approval. The application must set forth justification for the withdrawal. If the Director denies the application, the agency or officer must:

(a) If the Legislature is in regular or special session, obtain the approval of the Legislature by concurrent resolution.

(b) If the Legislature is not in regular or special session, obtain the approval of the Interim Finance Committee. The Director shall, within 45 days after receipt of the application, forward the application together with his recommendation for approval or denial to the Interim Finance Committee. The Interim Finance Committee has 45 days after the application and recommendation are submitted to its Secretary within which to consider the application. Any application which is not considered by the Committee within the 45-day period shall be deemed approved.

4. If the demand for services or use of equipment exceeds the capability of the Department to provide them, the Department may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.

(Added to NRS by 1965, 972; A 1969, 933; 1973, 1462; 1979, 1789; 1981, 1144, 1521, 1831; 1985, 1981; 1991, 1577; 1993, 370, 1542; 1995, 586; 1999, 1662, 1811; 2001, 2591; 2003, 1559, 2194)

NRS 242.135 Employment of one or more persons to provide information services for agency or elected officer of State.

1. The Director may recommend to the Governor that a state agency or elected officer that is required to use the Department’s equipment or services be authorized to employ one or more persons to provide information services exclusively for the agency or officer if:

(a) The Director finds that it is in the best interests of the State to authorize the employment by the agency or elected officer;

(b) The agency or elected officer agrees to provide annually to the Department sufficient information to determine whether the authorized employment continues to be in the best interests of the State; and

(c) The agency or elected officer agrees to ensure that the person or persons employed complies with the provisions of this chapter and the regulations adopted thereunder.

2. The Director may recommend to the Governor the revocation of the authority of a state agency or elected officer to employ a person or persons pursuant to subsection 1 if the Director finds that the person or persons employed have not complied with the provisions of this chapter or the regulations adopted thereunder.

(Added to NRS by 1989, 2153; A 1993, 1543)

NRS 242.141 Services provided other than for agencies and elected officers of State. To facilitate the economical processing of data throughout the State Government, the Department may provide service for agencies not under the control of the Governor, upon the request of any such agency. If there are sufficient resources available to the Department, it may provide services to counties, cities and towns and to their agencies.

(Added to NRS by 1965, 973; A 1981, 1144)—(Substituted in revision for NRS 242.040)

NRS 242.151 Director to advise agencies. The Director shall advise the using agencies regarding:

1. The policy for information services of the Executive Branch of Government, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for the selection, location and use of information systems in order that the requirements of state agencies and officers may be met at the least cost to the State;

2. The procedures in performing information services; and

3. The effective administration and use of the computer facility, including security to prevent unauthorized access to data and plans for the recovery of systems and applications after they have been disrupted.

(Added to NRS by 1969, 930; A 1981, 1147; 1989, 2154; 1993, 1543)

NRS 242.161 Managerial control of equipment owned or leased by State.

1. All equipment of an agency or elected state officer which is owned or leased by the State must be under the managerial control of the Department, except the equipment of the agencies and officers specified in subsection 2 of NRS 242.131.

2. The Department may permit an agency which is required to use such equipment to operate it on the agency’s premises.

(Added to NRS by 1969, 931; A 1981, 1147)—(Substituted in revision for NRS 242.230)

NRS 242.171 Responsibilities of Department; review of proposed applications of information systems.

1. The Department is responsible for:

(a) The applications of information systems;

(b) Designing and placing those systems in operation;

(d) The writing, testing and performance of programs,

Ê for the state agencies and elected state officers which are required to use its services.

2. The Director shall review and approve or disapprove, pursuant to standards for justifying cost, any application of an information system having an estimated developmental cost of $50,000 or more. No using agency may commence development work on any such applications until approval and authorization have been obtained from the Director.

(Added to NRS by 1969, 931; A 1973, 680; 1981,1147; 1993, 1543)

NRS 242.181 Adherence by using agencies and elected officers of State to regulations; uniformity of services.

1. Any state agency or elected state officer which uses the equipment or services of the Department shall adhere to the regulations, standards, practices, policies and conventions of the Department.

2. The Department shall provide services to each agency uniformly with respect to degree of service, priority of service, availability of service and cost of service.

(Added to NRS by 1969, 931; A 1981, 1148; 1993, 1544)

NRS 242.191 Amount receivable from agency: Determination; itemized statement.

1. Except as otherwise provided in subsection 3, the amount receivable from an agency availing itself of the services of the Department must be determined by the Director in each case and include:

(a) The annual expense, including depreciation, of operating and maintaining the Communication and Computing Division, distributed among the agencies in proportion to the services performed for each agency.

(b) A service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the agencies in proportion to the services performed for each agency.

2. The Director shall prepare and submit monthly to the agencies for which services of the Department have been performed an itemized statement of the amount receivable from each agency.

3. The Director may authorize, if in his judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to an agency.

(Added to NRS by 1969, 931; A 1973, 680; 1979, 68; 1981, 1148; 1997, 3085)

NRS 242.211 Fund for Information Services: Creation; source and use.

1. The Fund for Information Services is hereby created as an internal service fund. Money from the Fund must be paid out on claims as other claims against the State are paid. The claims must be made in accordance with budget allotments and are subject to postaudit examination and approval.

2. All operating, maintenance, rental, repair and replacement costs of equipment and all salaries of personnel assigned to the Department must be paid from the Fund.

3. Each agency using the services of the Department shall pay a fee for that use to the Fund, which must be set by the Director in an amount sufficient to reimburse the Department for the entire cost of providing those services, including overhead. Each using agency shall budget for those services. All fees, proceeds from the sale of equipment and any other money received by the Department must be deposited with the State Treasurer for credit to the Fund.

(Added to NRS by 1965, 973; A 1979, 103; 1981, 255, 1145; 1989, 1470; 1993, 1544; 2003, 627)

NRS 242.221 Approval and payment of claims; temporary advances.

1. All claims made pursuant to NRS 242.122 to 242.241, inclusive, must, when approved by the Department, be paid as other claims against the State are paid.

2. If the State Controller finds that current claims against the Fund for Information Services exceed the amount available in the Fund to pay the claims, he may advance temporarily from the State General Fund to the Fund the amount required to pay the claims, but no more than 25 percent of the revenue expected to be received in the current fiscal year from any source authorized for the Fund. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.

(Added to NRS by 1969, 932; A 1981, 1148; 1987, 150, 415; 1989, 1470; 1993, 1544; 2003, 627)

NRS 242.231 Payment by agency for services. Upon the receipt of a statement submitted pursuant to subsection 2 of NRS 242.191, each agency shall authorize the State Controller by transfer or warrant to draw money from the agency’s account in the amount of the statement for transfer to or placement in the Fund for Information Services.

(Added to NRS by 1969, 932; A 1979, 69; 1981, 1148; 1989, 1471; 1993, 1545)

NRS 242.241 Repayment of costs of construction of computer facility.

1. Until the construction costs of $535,600 for the computer facility in Carson City, Nevada, have been paid, the Director shall pay annually from the Fund for Information Services to the State Treasurer for deposit in the State General Fund 2 percent of the facility’s original acquisition cost.

2. For any subsequent capital additions to the computer facility, the Director shall pay annually from that Fund to the State Treasurer for deposit in the State General Fund 2 percent of the original cost of such capital additions, until this cost has been fully paid.

(Added to NRS by 1969, 932; A 1973, 681; 1981, 1148; 1989, 1471; 1993, 1545)

MISCELLANEOUS PROVISIONS

NRS 242.300 Policy of state agency for appropriate use of computers by employees of agency.

1. A state agency that uses at least one computer in the course of its work shall:

(a) Create a written policy setting forth the appropriate uses of the computers of the state agency; and

(b) Provide all employees of the state agency with a copy of the written policy.

2. As used in this section, “state agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of the government of this State.

(Added to NRS by 1999, 2714)