§ 9-2-2906 — Office of the state chief information officer and director; authority; duties of department

Wyoming § 9-2-2906

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 2: AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS
• Art. 29: DEPARTMENT OF ENTERPRISE TECHNOLOGY SERVICES

Text

(a) The state chief information officer may:
(i) Employ professional, technical and other
assistants to work in the director's office or in any of the
divisions, along with other employees necessary to carry out the
purpose of this article;
(ii) Formulate through his office the policies and
programs to be carried out by the department through its
respective divisions;
(iii) Require employees or applicants for employment
who have access to confidential information or records to submit
to fingerprinting in order to obtain state and national criminal
history record information as a condition for a position with
the department in accordance with W.S. 7-19-106 and 7—19-201.
(b) The department shall carry out the following
coordination and management functions:
(i) Develop a biennial information technology plan
for the executive branch. The department may inventory agency
software, hardware, servers and data centers as it determines
necessary to develop the plan, using existing information
available to the department and as supplemented by agencies upon
request of the department;
(ii) Implement and maintain an information technology
governance program for the agencies;
(iii) Establish review criteria for the agencies
information technology projects, procurements and purchases;
(iv) Develop and implement recommendations for the
proper management of agencies information technology resources;
(v) Review and make recommendations to the governor
concerning information technology budget requests made by
agencies;
(vi) Adopt information technology policies and
standards and ensure agency compliance with the policies and
standards;
(vii) Recommend information technology procurement
improvements;
(viii) Develop and promote information technology
training programs for all branches of government;
(ix) Encourage information technology coordination,
information sharing and collaboration among all branches and
levels of government in Wyoming;
(x) Enhance geographic information systems
coordination among all governmental users of geographic
information systems;
(xi) Carry out the duties prescribed by W.S.
9-2-2501;
(xii) Enhance statewide broadband adoption and
coordination among all governmental users in coordination with
the Wyoming business council and its broadband advisory council;
(xiii) Advise the governor and the legislature on
technology and telecommunications matters;
(xiv) Establish, maintain and annually evaluate a
quality management model. The quality management model shall
include training and assurances for data privacy, protection and
use throughout the agency and shall track customer feedback on
technology services and oversight. The department shall involve
the agencies in assessment of needs, successes and areas of
improvement and shall produce customer satisfaction and
performance reports. The department shall report its findings
from the quality management model in the department's biennial
budget request submitted under W.S. 9-2-1013.
(c) The University of Wyoming, Wyoming community colleges,
and the judicial and legislative departments of state government
may adhere to the standards, policies and plans developed
pursuant to subsection (b) of this section to the extent
feasible, as determined by the entity or the department of
government, as applicable.
(d) The department shall carry out the following oversight
and approval functions:
(i) Review agency expenditure requests for
information technology or telecommunications personnel, hardware
or software or contractual services for information technology
if the expenditure exceeds the maximum amount established by
department policy for small purchases. No funds for purchase
in excess of the maximum amount shall be expended until the
state chief information officer has approved the expenditure.
Upon request for expenditure, the state chief information
officer shall review the request and shall:
(A) Disapprove a request which fails to meet
existing department standards, security, privacy and procurement
policies; and
(B) If the state chief information officer
determines a less expensive alternative to effectively
accomplish the need is available, approve the request only for
the lesser amount.
(ii) Review agency expenditures for information
technology or telecommunications personnel, hardware or software
or contractual services for information technology which are
within the maximum amount established by department policy for
small purchases as the state chief information officer
determines necessary. Agencies shall provide information as
requested by the department regarding small purchases;
(iii) Establish and enforce data security and privacy
policies and standards for the state data infrastructure. These
provisions shall be the minimum security and privacy
requirements adhered to by all agencies. Agencies may choose to
set additional security and privacy requirements to exceed but
not in lieu of or that in any way interfere with the standards
set by the state chief information officer;
(iv) Establish policies and standards for enterprise
data analytics;
(v) All computer purchases made via the chief
information officer's state technology replacement program shall
be made in accordance with the provisions of this subsection,
using standardized pricing established by the program. All funds
appropriated for computer acquisition shall be restricted and
not expended for any other purpose.
(e) The department shall provide the following services:
(i) Develop and provide computer and information
technology services to agencies and the judiciary and the
legislature. Central delivery of common services shall be
promoted to the extent they encourage a more economical and
efficient operation of state programs, while maintaining a
compatibility of hardware and software among agencies, the
legislature and the judiciary;
(ii) Upon request of an agency, provide information
and recommendations regarding the installation and acquisition
of computer and information technology equipment, the
qualifications of information technology personnel and software
systems required by the agency. The information and
recommendations shall be directed to advising the agency how to
comply with the uniform standards, minimize duplication and
promote effectiveness in the collection, storage, interchange,
retrieval, processing and transmission of information;
(iii) Upon request of an agency, provide enterprise
data analytics services;
(iv) Data analytics security services and validation
services as directed by the governor;
(v) The department shall annually apply to the
universal service administrative company under the federal
communications commission for amounts available to the state
under the schools and libraries program of the universal service
fund. All federal funds received by the state from the schools
and libraries program of the universal service fund shall be
deposited into the public school foundation program account;
(vi) Develop procedures and administer uniform
payment processor services and reporting for agencies and upon
request, the judiciary and the legislature. In carrying out
this paragraph, the department shall:
(A) Administer a statewide contract with a
payment processor as provided under W.S. 9-4-217(h);
(B) Develop criteria and procedures for granting
waivers to agencies under W.S. 9-4-217(h).
(f) The state chief information officer shall administer
through his office all accounting, billing and collection
functions required by the department. These activities shall be
taken pursuant to policies adopted by the state chief
information officer after consultation and in cooperation with
the director of the department of administration and
information. The policies shall include provisions for
attributing shared costs to agencies receiving common services
from the department and for interagency accounting, billing and
collection for other services provided to individual agencies.
The department of enterprise technology services and the
department of administration and information shall jointly
develop a memorandum of understanding through which the
departments will exchange administrative support, accounting
functions and information technology services.
(g) The department shall carry out the following
functions:
(i) Establish and promulgate rules and regulations
governing the use and funding of telecommunications services,
equipment, payment processor services, software and networks by
agencies;
(ii) In consultation with state agencies and
educational institutions, develop recommendations for a current
and long-range telecommunications transport service plan for
state government and higher education involving telephone,
radio, microwave, facsimile, closed circuit television,
teleconferencing, interactive educational training, public
radio, public television, data communications, transmission
circuits, fiberoptics, satellites and cellular radio and the
integration of these mediums into applicable telecommunications
networks. The plan shall be submitted to the governor for
approval;
(iii) Administer the approved current and long-range
plan for use of telecommunications by agencies and coordinate
the telecommunications transport service network;
(iv) Inventory current telecommunications
infrastructure of agencies, solicit comments and recommendations
on needs, practices and technologies for providing
telecommunications services in the most efficient manner
possible, accommodate economic growth and development in the
state and enhance educational opportunities at all levels of
instruction;
(v) Review all existing and future agencies
telecommunications planning, networks, systems and programs and
recommend priorities therefor in accordance with the purposes of
this section;
(vi) As appropriate, coordinate the acquisition of
compatible telecommunications equipment, software and licensure
for telecommunications transport service networks with agencies
and with educational institutions;
(vii) Establish telecommunications procedures,
standards and records for management of telecommunications
transport service networks and facilities for agencies;
(viii) Review, assess and ensure compliance with
federal and state telecommunications regulations governing the
needs and functions of agencies for telecommunication transport
services;
(ix) Provide telecommunications services including
billing, installation and repair of telephone services including
interstate and intrastate long distance, to agencies;
(x) Coordinate telecommunications network training
for agencies.
(h) Notwithstanding subsection (g) of this section:
(i) The director of the Wyoming department of
transportation and the colonel of the Wyoming highway patrol
shall administer and control the operation, maintenance and
conduct of the two-way, land based mobile and related facilities
for the public safety radio-microwave systems specifically
provided by the department and patrol and performed by radio
technicians, dispatchers and telephone operators. The
department shall provide and accommodate agency needs as
approved jointly by the department and the agency and as agency
budgets allow;
(ii) The attorney general shall administer and
control the operation and conduct of the criminal law
enforcement system and shall coordinate statewide
telecommunications network services under this system through
the department;
(iii) The University of Wyoming and community college
districts shall administer the operation and control of
telephone data and video systems on the respective campuses and
the department shall coordinate statewide telecommunications
network services under these systems;
(iv) Telecommunications transport service
requirements for any agency and educational institutions shall
be coordinated through the department;
(v) Any public broadcasting service operating in the
state shall be responsible for its operational services and
federal licensing. The department shall assist in the
coordination of any required statewide telecommunications
transport services as appropriate;
(vi) The state public safety communications
commission established under W.S. 9-2-1101 shall coordinate its
statewide telecommunications transport service requirements
through the department;
(vii) An agency may independently contract with a
private service provider to obtain telecommunications services,
equipment, software and networks, provided:
(A) The services, equipment and software meet
compatibility standards established by the department; and
(B) The agency's action will result in at least
ten percent (10%) savings compared to the cost of similar
services, equipment and software provided through the
department;
(C) The action is approved as provided by
subsection (d) of this section.
(j) The department may, through the infrastructure network
developed under the statewide education technology plan in
accordance with W.S. 21-2-202(a)(xx), contract with one (1) or
more telecommunications providers to provide telecommunications
services to:
(i) Private schools if the department determines
network capacity is sufficiently available and private schools
accessing the network reimburse the department for the costs of
services provided under this subsection, including proportionate
overhead and administrative costs;
(ii) Private health care providers if services are
requested by the department of health under this subsection. The
department of health shall:
(A) Determine health care services necessary for
the effective and efficient operation of a telehealth network in
the state;
(B) Notify the department in writing of the
services deemed necessary;
(C) Reimburse the department for costs incurred
for the provision of telecommunications services under this
subsection from funds available for this purpose, including
proportionate overhead and administrative costs;
(D) Develop charges for telecommunication
services that cover the costs of the provision of
telecommunication services to private health care providers; and
(E) In providing or facilitating the provision
of services under this subsection, the department of health
shall determine that services are not reasonably available from
other sources.
(k) The state chief information officer may authorize a
designee to carry out any duties assigned, whether denominated
as the state chief information officer or director of the
department, unless specifically precluded from doing so by
statute.
(m) The department shall adopt reasonable rules and
regulations to administer this article pursuant to the Wyoming
Administrative Procedure Act.
(n) Nothing in this article shall be construed to
authorize the department or the director to regulate or
otherwise have any jurisdiction or authority over
nongovernmental providers of telecommunications services or
broadband services. Nothing in this article shall be construed
to authorize the department or the state to be a
telecommunications services provider to the private sector. To
the extent a network is developed and implemented under
subsection (g) of this section to provide telecommunications
transport services for state government and higher education,
rather than purchasing facilities or providing its own
communications services for the creation and operation of the
unified network, the state of Wyoming shall purchase services
from commercial communications carriers to the fullest extent
reasonably feasible. Such a network is limited to use only by:
(i) The executive, legislative and judicial branches
of Wyoming state government, including the University of Wyoming
and community colleges. In relation to use of this network,
"Wyoming state government" does not include local government,
cities, towns, counties, hospitals, joint powers boards, special
districts or other local governmental entities; and
(ii) Wyoming public schools and public libraries.
(o) The department shall include in the department's
biennial budget request submitted under W.S. 9-2-1013 a list of
any federal program being implemented by the department. The
list shall include the specific statutory authorization, if any,
authorizing the department's implementation of the program. The
department shall not be required to report any program pursuant
to this subsection for which it is providing solely support
services for an agency charged with implementing the federal
program.