0001|                            HOUSE BILL 17
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                        Luciano "Lucky" Varela
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO INFORMATION SYSTEMS; CREATING THE INFORMATION
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0012|     SYSTEMS MANAGEMENT COMMISSION; PROVIDING POWERS AND DUTIES;
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0013|     REQUIRING ANNUAL PLANNING FOR STATE-FUNDED INFORMATION
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0014|     SYSTEMS; PROVIDING FOR TRANSFERS; DECLARING AN EMERGENCY.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  SHORT TITLE.--This act may be cited as the
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0018|     "Information Systems Management Act".
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0019|          Section 2.  PURPOSE.--The purpose of the Information
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0020|     Systems Management Act is to coordinate the central and
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0021|     individual executive agency information systems in a manner
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0022|     that ensures that the most cost-effective and efficient
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0023|     information and communication management tools are being used
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0024|     by executive agencies.  Coordination will be achieved through
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0025|     the development of a five-year strategic plan for information
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0001|     and communication management that is developed and updated
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0002|     annually by the information systems management commission. 
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0003|     The plan shall include an inventory of current services,
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0004|     resources and systems.
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0005|          Section 3.  DEFINITIONS.--As used in the Information
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0006|     Systems Management Act:
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0007|               A.  "commission" means the information systems
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0008|     management commission;
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0009|               B.  "executive agency" means a state agency that is
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0010|     not part of the judicial or legislative branch of government,
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0011|     a state educational institution or local political
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0012|     subdivision; and
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0013|               C.  "information system" means computer and voice
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0014|     and data communication software and hardware, including
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0015|     imaging systems, terminals and communications networks and
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0016|     facilities, staff information systems services and
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0017|     professional service contracts for information systems
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0018|     services.
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0019|          Section 4.  COMMISSION CREATED--COMPOSITION--STAFF.--
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0020|               A.  The "information systems management commission"
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0021|     is created.  The commission consists of the secretaries of
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0022|     finance and administration and general services or their
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0023|     designees and six members appointed by the governor as
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0024|     follows:
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0025|                    (1)  two representatives from the major
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0001|     information and communication units of Los Alamos national
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0002|     laboratory and Sandia national laboratories;
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0003|                    (2)  two cabinet secretaries or their
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0004|     designees, one of whom represents a large information systems
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0005|     user in the state mainframe environment and one of whom
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0006|     represents a medium or small information systems user in a
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0007|     non-mainframe environment, who shall serve on a rotating basis
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0008|     for terms not to exceed two years; and
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0009|                    (3)  two public members with experience in
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0010|     information systems technology and management, but who are not
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0011|     employees of the state or any of its political subdivisions
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0012|     and who do not have any financial interest in state
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0013|     information systems or state contracts.
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0014|               B.  Laboratory representatives and public members
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0015|     shall serve five-year terms, and vacancies shall be filled by
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0016|     appointment by the governor for the unexpired term.  Members
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0017|     who are not paid from state funds may be reimbursed for per
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0018|     diem and travel expenses as provided in the Per Diem and
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0019|     Mileage Act.
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0020|               C.  The commission shall elect a chairman annually.
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0021|               D.  Executive agencies represented on the
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0022|     commission shall provide staff for their respective members of
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0023|     the commission.  In addition, the commission may employ the
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0024|     following permanent staff:
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0025|                    (1)  a director;
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0001|                    (2)  three information and communication
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0002|     management analysts with responsibilities for a certain set of
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0003|     assigned agencies, agency plans and emerging technologies;
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0004|                    (3)  two performance auditors to conduct
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0005|     performance audits of all executive agency information
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0006|     management and technology resources; and
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0007|                    (4)  one support staff.
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0008|          Section 5.  POWERS AND DUTIES.--
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0009|               A.  The commission shall develop and update
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0010|     annually a detailed five-year strategic plan on information
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0011|     systems management to be presented to the governor and the
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0012|     legislative finance committee.  The plan shall include the
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0013|     development of policies, standards and procedures for the
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0014|     management of information and communication technology for all
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0015|     executive agencies.  The annual updates of the plan shall be
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0016|     based upon the details of the individual agency plans
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0017|     submitted pursuant to Section 6 of the Information Systems
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0018|     Management Act.
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0019|               B.  The first strategic plan developed under the
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0020|     provisions of the Information Systems Management Act shall
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0021|     provide the framework from which to develop, analyze and
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0022|     approve individual executive agency information systems
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0023|     management plans and resource allocations.  The strategic plan
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0024|     shall define the strategic policy direction for executive
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0025|     agencies and the responsibilities of those agencies in the
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0001|     acquisition and use of information systems and technologies.
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0002|               C.  In carrying out its duties pursuant to
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0003|     Subsection A of this section, the commission shall:
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0004|                    (1)  coordinate the preparation and facilitate
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0005|     the implementation of executive agency plans;
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0006|                    (2)  review and approve such plans and
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0007|     document the approval to the governor and legislature;
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0008|                    (3)  monitor information systems development
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0009|     and conduct performance audits of information systems
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0010|     management and technological resources;
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0011|                    (4)  advise the governor and legislature on
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0012|     information management and technology matters;
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0013|                    (5)  develop a strategic information systems
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0014|     management annual plan review policy and process that requires
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0015|     each executive agency to develop an acceptable information
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0016|     systems management annual plan no later than July 1 of each
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0017|     year for review and approval by the commission no later than
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0018|     September 1 of each year to ensure appropriate input into the
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0019|     executive and legislative budget processes; 
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0020|                    (6)  review and evaluate the agency plans
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0021|     against a specific set of criteria set forth in Section 6 of
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0022|     the Information Systems Management Act;
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0023|                    (7)  review and approve all rate structures
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0024|     for information systems services in the review and evaluation
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0025|     of the plan for the general services department; provided,
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0001|     however, that the approval authority shall provide the
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0002|     secretary of general services flexibility in rate designs for
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0003|     a variation of plus or minus five percent without commission
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0004|     approval; and
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0005|                    (8)  approve the acquisition of information
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0006|     services, resources and systems, including services relating
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0007|     to project or contract management.
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0008|          Section 6.  POWERS AND DUTIES OF COMMISSION AND EXECUTIVE
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0009|     AGENCIES PURSUANT TO DEVELOPMENT OF AGENCY PLANS.--
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0010|               A.  The commission shall ensure, through the
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0011|     development of specific policies, procedures and guidelines,
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0012|     that agency plans include strategic and operational
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0013|     assessments; provide a formal linkage between information
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0014|     systems management planning and department strategies and
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0015|     processes; use standard formats when appropriate; allow for
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0016|     stratification of projects to require less detail for smaller
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0017|     projects and an increasingly detailed level of analysis and
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0018|     justification as project size, cost and risk increase; and
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0019|     have an increased and enhanced emphasis on evaluation of the
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0020|     economics of all information and communication systems
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0021|     investments.
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0022|               B.  The commission shall specifically ensure the
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0023|     following:
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0024|                    (1)  that the plan is the product of a
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0025|     continuous institutional process;
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0001|                    (2)  that the primary responsibility for
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0002|     general supervision of information systems management resides
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0003|     within each department;
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0004|                    (3)  that each executive agency establishes a
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0005|     strategic planning process closely linked to its program
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0006|     planning activities;
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0007|                    (4)  that rigorous management processes are
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0008|     applied to ensure that implementation of information systems
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0009|     and resources represents an investment for the state that
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0010|     yields specific, measurable services and financial objectives;
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0011|                    (5)  that efficient and judicious
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0012|     incorporation of information system technology innovations
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0013|     supports executive agency operations to control expenses,
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0014|     increase productivity, improve service and improve controls;
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0015|     and 
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0016|                    (6)  that the requirement for prudent risk
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0017|     management practices preserves the integrity and security of
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0018|     information and information system facilities and ensures
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0019|     timely resumption of operations following a disaster.
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0020|               C.  The commission shall require each executive
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0021|     agency's plan to include the following:
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0022|                    (1)  an executive agency overview;
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0023|                    (2)  an information systems unit baseline
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0024|     analysis;
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0025|                    (3)  a strategic information systems plan,
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0001|     including cost and benefit analyses;
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0002|                    (4)  a tactical information systems plan,
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0003|     including specific budget data prepared; 
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0004|                    (5)  a method for revising and reporting on
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0005|     the plan;
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0006|                    (6)  the requirement for a feasibility study
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0007|     to be included in the plan for all projects with a total cost
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0008|     equal to or greater than five hundred thousand dollars
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0009|     ($500,000) or for any ongoing project the scope of which will
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0010|     exceed five hundred thousand dollars ($500,000) as well as
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0011|     include a detailed assessment of project management; and
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0012|                    (7)  contingency planning and disaster
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0013|     recovery.
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0014|               D.  Each executive agency plan shall be evaluated
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0015|     against the following criteria:
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0016|                    (1)  the agency has created a discernible
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0017|     direction for information systems as represented by improving
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0018|     the level of services to citizens, establishing pragmatic
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0019|     measurements, identifying cost and benefit estimates,
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0020|     demonstrating concern for quality products and performance,
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0021|     establishing feasible, relevant, attainable and measurable
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0022|     objectives;
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0023|                    (2)  the plan demonstrates a consistent,
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0024|     interrelated action plan of the executive agency's mission and
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0025|     strategic objectives in conjunction and coordination with its
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0001|     information systems projects; 
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0002|                    (3)  the plan puts forth a demonstrated
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0003|     leadership or management factor as represented by awareness of
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0004|     training needs, recognition of and response to issues and
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0005|     challenges, successful completion of projects, consideration
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0006|     of alternative courses of action and development of strategies
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0007|     that are results oriented for executive agency programs;
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0008|                    (4)  the plan identifies sound technical
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0009|     direction based on proven technology, with current technical
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0010|     resources leveraged to gain maximum value, and the plan
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0011|     demonstrates a comprehensive knowledge of the potential limits
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0012|     of current and proposed technology;
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0013|                    (5)  the plan focuses on effective and
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0014|     efficient use of available resources, including staff, funds,
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0015|     existing capital and time;
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0016|                    (6)  the plan clearly isolates risks and
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0017|     recognizes and mitigates risks by providing for a realistic
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0018|     assessment of risks, careful evaluation of alternative action,
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0019|     flexibility to respond to changes and opportunities,
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0020|     application of new concepts and techniques and systematic
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0021|     evaluation of options in terms of results;
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0022|                    (7)  the plan clearly demonstrates the value
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0023|     of projects to the agency, state government and the citizens
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0024|     of the state as well as other customers and associates in the
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0025|     form of costs, tangible benefits and intangible benefits;
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0001|                    (8)  the plan specifically details communities
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0002|     of interest, internal and external, for potential duplication
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0003|     of effort and data sharing;
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0004|                    (9)  conformance to planning processes as set
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0005|     forth by the commission; and 
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0006|                    (10)  the plan demonstrates conformance to the
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0007|     direction of the plans and policies of the overall strategic
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0008|     plan, including conformance for methods and procedures for
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0009|     disaster recovery, provision of management information from
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0010|     each system, provision that information and communication
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0011|     bases are designed to work with communities of interest to
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0012|     facilitate the sharing of information across agencies and
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0013|     system conformance to overall information and communication
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0014|     management and technology strategies.
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0015|          Section 7.  STATE-FUNDED INFORMATION SYSTEMS--STRATEGIC
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0016|     PLANNING--REPORTS TO COMMISSION AND LEGISLATURE.--
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0017|               A.  An administering agency of a state-funded
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0018|     information system that is not part of the executive branch of
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0019|     state government shall develop and update annually a detailed
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0020|     five-year strategic plan on information management for that
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0021|     system.  The strategic plan shall define the policy direction
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0022|     for the administering agency in the acquisition, use and
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0023|     management of the information system, including services,
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0024|     resources and services for the information system's users.
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0025|     Each year's update of the plan shall include:
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0001|                    (1)  an inventory of the current information
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0002|     systems; and
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0003|                    (2)  an evaluation of the necessity for
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0004|     integration and compatibility of the information system with
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0005|     other state-funded information systems, an evaluation of how
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0006|     well that integration and compatibility are being accomplished
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0007|     and a description of the barriers to integration and
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0008|     compatibility.
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0009|               B.  The strategic plan shall be filed with the
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0010|     commission and the legislative finance committee, along with
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0011|     recommendations for legislative action needed to ensure
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0012|     appropriate optimum integration and compatibility of state-
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0013|     funded information systems.
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0014|               C.  The legislative finance committee may request
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0015|     the assistance of experts to evaluate strategic plans and
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0016|     budget requests for state-funded information systems.
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0017|               D.  For the purposes of this section,
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0018|     "administering agency" means the organizational unit of a
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0019|     state-funded branch, institution or political subdivision of
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0020|     the state that is responsible for the development, maintenance
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0021|     and improvement of the branch's, institution's or political
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0022|     subdivision's information system and includes the judicial
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0023|     information system council, legislative council service,
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0024|     public school districts and post-secondary educational
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0025|     institutions.
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0001|          Section 8.  TERMINATION OF COMMISSION LIFE.--The
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0002|     information systems management commission is terminated on
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0003|     July 1, 2001 pursuant to the provisions of the Sunset Act. 
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0004|     The commission shall continue to operate until July 1, 2002. 
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0005|     Effective July 1, 2002, the Information Systems Management Act
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0006|     is repealed.
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0007|          Section 9.  TEMPORARY PROVISION--TRANSFER OF
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0008|     APPROPRIATIONS, MONEY, PROPERTY, RECORDS, STATUTORY REFERENCES
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0009|     AND CONTRACTUAL OBLIGATIONS OF THE OFFICE ON INFORMATION AND
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0010|     COMMUNICATION MANAGEMENT TO THE INFORMATION SYSTEMS MANAGEMENT
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0011|     COMMISSION.--
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0012|               A.  On the effective date of this act, all
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0013|     appropriations, money, property, records and other things of
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0014|     value are transferred from the office on information and
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0015|     communication management to the information systems management
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0016|     commission.
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0017|               B.  On the effective date of this act, all
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0018|     contractual obligations of the office on information and
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0019|     communication management shall be deemed to be obligations of
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0020|     the information systems management commission.
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0021|               C.  On the effective date of this act, all
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0022|     references in law to the office on information and
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0023|     communication management or the chief information officer
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0024|     shall be deemed to be references to the information systems
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0025|     management commission.
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0001|          Section 10.  EFFECTIVE DATE.--The effective date of the
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0002|     provisions of this act is July 1, 1998.
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0003|          Section 11.  EMERGENCY.--It is necessary for the public
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0004|     peace, health and safety that this act take effect
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0005|     immediately.
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0006|                                  
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