2015 ORS § 291.038¹
Oversight of state information and telecommunications technology by State Chief Information Officer
  • policy
  • rules

(1)(a) The State Chief Information Officer shall oversee and coordinate the planning, budgeting, architecture and standardization, consolidation, acquisition and oversight of all information and telecommunications technology by state government and agencies of state government so that statewide and individual state agencies plans and activities are addressed in the most integrated, economic and efficient manner, in a manner that minimizes duplication, fragmentation, redundancy and cost in state government operations and in a manner that most effectively meets state government and state agency program needs.

(b)(A) Except as otherwise provided by law, the office of the Secretary of State and the office of the State Treasurer, in collaboration with the State Chief Information Officer, shall develop and adopt plans, policies, standards and procedures for budgeting, planning, procuring, managing, overseeing and using information technology and telecommunications for the Secretary of State or the State Treasurer, as appropriate. Each office shall ensure that the offices plans, policies, standards and procedures are, to the extent possible, compatible with the plans, policies, standards and procedures that the State Chief Information Officer develops and adopts for other state agencies within the executive department.

(B) The Secretary of State and the State Treasurer shall submit to the Legislative Fiscal Office:

(i) Copies of plans, policies, standards and procedures that the Secretary of State and the State Treasurer develop and adopt under subparagraph (A) of this paragraph. The Secretary of State and the State Treasurer shall submit copies of the plans, policies, standards and procedures within 30 calendar days after adopting or amending the plans, policies, standards or procedures.

(ii) Copies of any independent information technology audits or quality assurance reports that are public records and are not exempt from disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated). The Secretary of State and the State Treasurer shall submit copies of the audits or reports within 30 calendar days after receiving the audits or reports.

(iii) An annual report on all information technology initiatives, as defined in ORS 291.035 (Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative), and all procurements with an estimated contract price that exceeds $1 million. The Secretary of State and the State Treasurer shall submit the report not later than December 31 of each calendar year.

(2) To facilitate accomplishment of the purpose set forth in subsection (1)(a) of this section, the State Chief Information Officer shall:

(a) Adopt rules, policies and standards to plan for, develop architecture for and standardize the states information resources and technologies. In developing rules, policies and standards, the State Chief Information Officer shall consult with state agencies that have needs that information resources may satisfy. State agencies shall cooperate with the State Chief Information Officer in preparing and complying with rules, policies and standards that the State Chief Information Officer adopts.

(b) Formulate rules, policies and standards to promote electronic communication and information sharing among state agencies and programs, between state and local governments and with the public where appropriate.

(c) Formulate rules, policies, plans, standards and specifications to ensure that information resources and technologies fit together in a statewide system capable of providing ready access to information, information technology or telecommunication resources. Plans and specifications that the State Chief Information Officer adopts must be based on industry standards for open systems to the greatest extent possible.

(3) Before adopting rules described in subsection (2) of this section, the State Chief Information Officer shall present the proposed rules to the Joint Legislative Committee on Information Management and Technology.

(4) The State Chief Information Officer has the responsibility to review, oversee and ensure that state agencies rules and planning, acquisition and implementation activities related to information technology and telecommunications align with and support the Enterprise Information Resources Management Strategy. State agencies shall cooperate with the State Chief Information Officer to ensure that the state agencies rules and planning, acquisition and implementation activities align with and support the Enterprise Information Resources Management Strategy. If the Oregon Department of Administrative Services procures information technology or the Director of the Oregon Department of Administrative Services delegates authority under ORS 279A.075 (Delegation) to procure information technology, the department and a state contracting agency, as defined in ORS 279A.010 (Definitions for Public Contracting Code), shall procure information technology fairly, competitively and in a manner that is consistent with the State Chief Information Officers rules, policies and standards.

(5)(a) The policy of the State of Oregon is that state government telecommunications networks should be designed to provide state-of-the-art services where economically and technically feasible, using shared, rather than dedicated, lines and facilities.

(b) The State Chief Information Officer shall, when procuring telecommunications network services, consider the goals and objectives outlined within the Enterprise Information Resources Management Strategy and the policy, acquisition, coordination and consolidation objectives for information technology that are specified in ORS 283.500 (Policy) to 283.520 (Contracts for telecommunications equipment and services not to exceed 10 years) and 283.524 (Agreements to fund or acquire telecommunications equipment and services).

(6)(a) The State Chief Information Officer, upon request, may furnish and deliver statewide integrated videoconferencing and statewide online access service to a public or private entity that primarily conducts activities for the direct good or benefit of the public or community at large in providing educational, economic development, health care, human services, public safety, library or other public services. The State Chief Information Officer shall adopt rules with respect to the State Chief Information Officers furnishing of the service.

(b) The State Chief Information Officer shall establish statewide integrated videoconferencing and statewide online access user fees, services, delivery, rates and long range plans. The rates must reflect the State Chief Information Officers cost in providing the service.

(c) The State Chief Information Officer by rule shall restrict the Internet access service that the State Chief Information Officer furnishes or delivers to private entities if the service would directly compete with two or more local established providers of Internet access services within the local exchange telecommunications service area.

(d) The rates and services established and provided under this section are not subject to the Public Utility Commissions regulation or authority.

(7) An organization or organizations recognized as tax exempt under section 501(c)(3) of the Internal Revenue Code that primarily conduct activities for the direct good or benefit of the public or community at large in providing educational, economic development, health care, human services, public safety, library or other public services and that have formed an affiliation with one or more federal, state or local governmental units within this state may apply to the State Chief Information Officer for designation as a community of interest. The application must be in the form that the State Chief Information Officer prescribes and contain information about the governmental affiliation relationship, the tax exempt status of each organization and the public benefit services the organization provides or intends to provide. The State Chief Information Officer shall establish an application review and appeal process to ensure that designating the organizations as a community of interest for the purposes of including the organization in telecommunications contracts under ORS 283.520 (Contracts for telecommunications equipment and services not to exceed 10 years) will result in providing educational, medical, library or other services for public benefit.

(8) This section does not apply to any public university listed in ORS 352.002 (Public universities).

(9) As used in this section and ORS 291.039 (State Chief Information Officer):

(a) Information resources means media, instruments, plans and methods for collecting, processing, transmitting and storing data and information, including telecommunications.

(b) Information technology means present and future forms of hardware, software and services for data processing, office automation and telecommunications.

(c) Internet access service means electronic connectivity to the Internet and the services of the Internet.

(d) Open systems means systems that allow state agencies freedom of choice by providing a vendor-neutral operating environment where different computers, applications, system software and networks operate together easily and reliably.

(e) State-of-the-art services means the highest level at which equipment, facilities and the capability to distribute digital communication signals that transmit voice, data, video and images over a distance have developed at the time during which the equipment, facility or capability was installed or operating.

(f) Statewide integrated videoconferencing means a statewide electronic system capable of transmitting video, voice and data communications.

(g) Statewide online access means electronic connectivity to information resources such as computer conferencing, electronic mail, databases and Internet access.

(h) Telecommunications means hardware, software and services for transmitting voice, data, video and images over a distance. [1967 c.419 §11; 1985 c.594 §1; 1991 c.531 §2; 1993 c.724 §§14,14a; 1995 c.612 §19; 1997 c.484 §2; 1997 c.684 §2; 2003 c.674 §27; 2009 c.601 §3; 2011 c.637 §97; 2013 c.100 §1; 2013 c.692 §1; 2014 c.102 §4; 2015 c.767 §90; 2015 c.807 §41a]