§ 54-59-05 — Powers and duties of department

The department:
1. Shall provide, supervise, and regulate information technology of all executive branch
state entities, excluding the institutions under the control of the state board of higher
education.
2. Shall provide network services in a way that ensures the network requirements of a
single entity do not adversely affect the functionality of the whole network, facilitates
open communications with the citizens of the state, minimizes the state's investment in
human resources, accommodates an ever-increasing amount of traffic, supports rapid
detection and resolution of problems, protects the network infrastructure from damage
and security breaches, provides for the aggregation of data, voice, video, and
multimedia into a statewide transport mechanism or backbone, and provides for the
network support for the entity to carry out its mission.
3. May review and approve additional network services that are not provided by the
department.
4. May purchase, finance the purchase, or lease equipment, software, or implementation
services or replace, including by trade or resale, equipment or software as may be
necessary to carry out this chapter. An agreement to finance the purchase of software,
equipment, or implementation services may not exceed a period of five years. The
department shall submit any intended financing proposal for the purchase of software,
equipment, or implementation services under this subsection, which is in excess of
one million dollars, to the legislative assembly or the budget section if the legislative
assembly is not in session before executing a financing agreement. Any request
considered by the budget section must comply with section 54-35-02.9. If the
legislative assembly or the budget section does not approve the execution of a
financing agreement, the department may not proceed with the proposed financing
arrangement. The department may finance the purchase of software, equipment, or
implementation services only to the extent the purchase amount does not exceed
seven and one-half percent of the amount appropriated to the department during that
biennium.
5. Shall review requests for lease, purchase, or other contractual acquisition of
information technology as required by this subsection. Each executive branch agency
or institution, excluding the institutions under the control of the board of higher
education, shall submit to the department, in accordance with guidelines established
by the department, a written request for the lease, purchase, or other contractual
acquisition of information technology. The department shall review requests for
conformance with the requesting entity's information technology plan and compliance
with statewide policies and standards. If the request is not in conformance or

compliance, the department may disapprove the request or require justification for the
departure from the plan or statewide policy or standard.
6. Shall provide information technology, including assistance and advisory service, to the
executive, legislative, and judicial branches. If the department is unable to fulfill a
request for service from the legislative or judicial branch, the information technology
may be procured by the legislative or judicial branch within the limits of legislative
appropriations.
7. Shall request and review information, including project startup information
summarizing the project description, project objectives, business need or problem,
cost-benefit analysis, and project risks and a project closeout information summarizing
the project objectives achieved, project budget and schedule variances, and lessons
learned, regarding any major information technology project of an executive branch
agency. The department shall present the information to the information technology
committee on request of the committee.
8. May request and review information regarding any information technology project of an
executive branch agency with a total cost of between one hundred thousand and five
million dollars as determined necessary by the department. The department shall
present the information to the information technology committee on request of the
committee.
9. Shall study emerging technology and evaluate its impact on the state's system of
information technology.
10. Shall develop guidelines for reports to be provided by each agency of the executive,
legislative, and judicial branches, excluding the institutions under the control of the
board of higher education, on information technology in those entities.
11. Shall collaborate with the state board of higher education on guidelines for reports to
be provided by institutions under control of the state board of higher education on
information technology in those entities.
12. Shall perform all other duties necessary to carry out this chapter.
13. May provide wide area network services to a state agency, city, county, school district,
or other political subdivision of this state. The information technology department may
not provide wide area network service to any private, charitable, or nonprofit entity
except the information technology department may continue to provide the wide area
network service the department provided to the private, charitable, and nonprofit
entities receiving services from the department on January 1, 2003.
14. Shall assure proper measures for security, firewalls, and internet protocol addressing
at the state's interface with other facilities.
15. Notwithstanding subsection 13, may provide wide area network services for a period
not to exceed four years to an occupant of a technology park associated with an
institution of higher education or to a business located in a business incubator
associated with an institution of higher education.
16. Shall advise and oversee cybersecurity strategy for all executive branch state
agencies, including institutions under the control of the state board of higher
education, counties, cities, school districts, or other political subdivisions. For purposes
of this subsection, the department shall consult with the attorney general on
cybersecurity strategy.
17. Shall advise and consult with the legislative and judicial branches regarding
cybersecurity strategy.
18. Notwithstanding chapter 54-40.2, may enter a memorandum of understanding with
other state, local, tribal, or territorial governments of the United States for purposes of
ensuring the confidentiality, availability, and integrity of state, local, and tribal
information systems and data, including consulting, developing cybersecurity strategy,
prevention of cybersecurity incidents, and response strategies to cybersecurity
incidents. The department may charge an amount equal to the cost of the services
rendered by the department to all agencies that receive and expend moneys from
other than the general fund.

19. Notwithstanding chapter 54-40.2, may enter a mutual aid agreement with other state,
local, tribal, or territorial governments of the United States agreeing to the reciprocal
exchange of resources and services for mutual benefit of the parties related to
cybersecurity efforts for the purposes of responding to or mitigating active
cybersecurity incidents. The department may receive in-kind benefits that reduce
cybersecurity risks to information technology or shall charge an amount equal to the
cost of the services rendered by the department to all agencies that receive and
expend moneys from other than the general fund.
20. May provide information technology and cybersecurity services to any administrative,
elementary education, secondary education, and higher education institution under the
control of a tribal government of this state. The services provided and the cost of
services must be equal to those provided to state agencies. An agreement for services
entered under this section is not subject to the provisions of chapter 54-40.2.