2013 ORS § 291.038¹
Oversight of state information and telecommunications technology by State Chief Information Officer
- • policy
- • videoconferencing and online access service
- • rules
(1) The State Chief Information Officer shall oversee policy for and coordinate planning, architecture and standardization 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 agency operations and in a manner that most effectively meets state agency program needs.
(2) To facilitate accomplishment of the purpose set forth in subsection (1) of this section, the State Chief Information Officer shall 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. The State Chief Information Officer shall 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.
(3) The State Chief Information Officer shall 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, computing 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. Before adopting rules described in subsection (2) of this section, the State Chief Information Officer shall present the proposed rules to a committee or interim committee of the Legislative Assembly that has oversight over information resource and technology issues. The State Chief Information Officer has the responsibility to review, oversee and ensure that state agencies rules and planning, acquisition and implementation activities align with and support the statewide information resources management plan. The Oregon Department of Administrative Services is responsible for procuring information technology fairly, competitively and in a manner that is consistent with the State Chief Information Officers rules.
(4)(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 department shall, when procuring telecommunications network services, consider achieving the economic development and quality of life outcomes set forth in the Oregon benchmarks.
(5)(a) The department, 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 department shall adopt rules with respect to furnishing the service.
(b) The department shall establish statewide integrated videoconferencing and statewide online access user fees, services, delivery, rates and long range plans. The rates must reflect the departments cost in providing the service.
(c) The department by rule shall restrict the departments furnishing or delivery of Internet access service 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.
(6) 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 have formed an affiliation with one or more federal, state or local governmental units within this state may apply to the department for designation as a community of interest. The application must be in the form that the department prescribes and contain information regarding the governmental affiliation relationship, the tax exempt status of each organization and the public benefit services the organization provides or intends to provide. The department 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.
(7) This section does not apply to the State Board of Higher Education or any public university listed in ORS 352.002 (Public universities).
(8) As used in this section:
(a) Information resources means media, instruments and methods for planning, collecting, processing, transmitting and storing data and information, including telecommunications.
(b) Information technology includes, but is not limited to, 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 includes equipment, facilities and the capability to distribute digital communication signals that transmit voice, data, video and images over a distance.
(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]