USA Statutes : nevada
Title : Title 19 - MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : CHAPTER 242 - INFORMATION SERVICES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 242.015
to 242.068 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 930; A 1973, 975; 1977, 1183; 1981, 1145;
1993, 1540)
“Board” means the Information
Technology Advisory Board.
(Added to NRS by 1993, 1538)
“Department” means the
Department of Information Technology.
(Added to NRS by 1981, 1143; A 1993, 1540; 1997, 3083)
“Director” means the Director of
the Department.
(Added to NRS by 1981, 1143)
“Equipment” means any machine or
device designed for the automatic handling of information, including but
not limited to recording, storage, transmission and retrieval.
(Added to NRS by 1969, 930; A 1981, 1146; 1993, 1540)
“Information service”
means any service relating to the creation, maintenance, operation or use
of an information system.
(Added to NRS by 1993, 1538)
“Information system”
means any communications or computer equipment, computer software,
procedures, personnel or technology used to collect, process, distribute
or store information within the Executive Branch of State Government.
(Added to NRS by 1993, 1538)
“Information
technology” means any information, information system or information
service acquired, developed, operated, maintained or otherwise used
within the Executive Branch of State Government.
(Added to NRS by 1993, 1539)
“Using agency” means an
agency of the State which has a function requiring the use of information
technology, information services or an information system.
(Added to NRS by 1981, 1143; A 1993, 1540)
1. The Legislature hereby determines and declares that the
creation of the Department of Information Technology is necessary for the
coordinated, orderly and economical processing of information in State
Government, to ensure economical use of information systems and to
prevent the unnecessary proliferation of equipment and personnel among
the various state agencies.
2. The purposes of the Department are:
(a) To perform information services for state agencies.
(b) To provide technical advice but not administrative control of
the information systems within the state agencies, county agencies and
governing bodies and agencies of incorporated cities and towns.
(Added to NRS by 1965, 972; A 1969, 933; 1973, 352; 1981, 1143;
1993, 1540; 1997, 3083)
DEPARTMENT OF INFORMATION TECHNOLOGY
1. The Department of Information Technology is hereby created.
2. The Department consists of the Director and the:
(a) Planning and Programming Division.
(b) Communication and Computing Division.
3. A Planning and Research Unit is hereby created within the
Planning and Programming Division of the Department.
4. A Communications Unit and a Telecommunications Unit are hereby
created within the Communication and Computing Division of the Department.
(Added to NRS by 1981, 1143; A 1993, 1541; 1997, 3083)
1. The Governor shall appoint the Director in the unclassified
service of the State. In selecting the Director, the Governor shall
consider recommendations of the Department of Personnel relating to
minimum qualifications.
2. The Director:
(a) Serves at the pleasure of the Governor and is responsible to
him.
(b) Shall not engage in any other gainful employment or occupation.
(Added to NRS by 1981, 1143; A 1983, 641; 1985, 413)
1. The Director shall:
(a) Appoint the chiefs of the divisions in the unclassified service
of the State;
(b) Administer the provisions of this chapter and other provisions
of law relating to the duties of the Department; and
(c) Carry out other duties and exercise other powers specified by
law.
2. The Director may form committees to establish standards and
determine criteria for evaluation of policies relating to informational
services.
(Added to NRS by 1981, 1143)
1. Except as otherwise provided in subsection 3, records and
portions of records that are assembled, maintained, overseen or prepared
by the Department to mitigate, prevent or respond to acts of terrorism,
the public disclosure of which would, in the determination of the
Director, create a substantial likelihood of threatening the safety of
the general public are confidential and not subject to inspection by the
general public to the extent that such records and portions of records
consist of or include:
(a) Information regarding the infrastructure and security of
information systems, including, without limitation:
(1) Access codes, passwords and programs used to ensure the
security of an information system;
(2) Access codes used to ensure the security of software
applications;
(3) Procedures and processes used to ensure the security of
an information system; and
(4) Plans used to reestablish security and service with
respect to an information system after security has been breached or
service has been interrupted.
(b) Assessments and plans that relate specifically and uniquely to
the vulnerability of an information system or to the measures which will
be taken to respond to such vulnerability, including, without limitation,
any compiled underlying data necessary to prepare such assessments and
plans.
(c) The results of tests of the security of an information system,
insofar as those results reveal specific vulnerabilities relative to the
information system.
2. The Director shall maintain or cause to be maintained a list of
each record or portion of a record that the Director has determined to be
confidential pursuant to subsection 1. The list described in this
subsection must be prepared and maintained so as to recognize the
existence of each such record or portion of a record without revealing
the contents thereof.
3. At least once each biennium, the Director shall review the list
described in subsection 2 and shall, with respect to each record or
portion of a record that the Director has determined to be confidential
pursuant to subsection 1:
(a) Determine that the record or portion of a record remains
confidential in accordance with the criteria set forth in subsection 1;
(b) Determine that the record or portion of a record is no longer
confidential in accordance with the criteria set forth in subsection 1; or
(c) If the Director determines that the record or portion of a
record is obsolete, cause the record or portion of a record to be
disposed of in the manner described in NRS 239.073 to 239.125 ,
inclusive.
4. On or before February 15 of each year, the Director shall:
(a) Prepare a report setting forth a detailed description of each
record or portion of a record determined to be confidential pursuant to
this section, if any, accompanied by an explanation of why each such
record or portion of a record was determined to be confidential; and
(b) Submit a copy of the report to the Director of the Legislative
Counsel Bureau for transmittal to:
(1) If the Legislature is in session, the standing
committees of the Legislature which have jurisdiction of the subject
matter; or
(2) If the Legislature is not in session, the Legislative
Commission.
5. As used in this section, “act of terrorism” has the meaning
ascribed to it in NRS 239C.030 .
(Added to NRS by 2003, 2461 ; A 2005, 268 )
The Director shall adopt regulations
necessary for the administration of this chapter, including:
1. The policy for the information systems of the Executive Branch
of Government, excluding the Nevada System of Higher Education and the
Nevada Criminal Justice Information Computer System, as that policy
relates, but is not limited, to such items as standards for systems and
programming and criteria for selection, location and use of information
systems to meet the requirements of state agencies and officers at the
least cost to the State;
2. The procedures of the Department in providing information
services, which may include provision for the performance, by an agency
which uses the services or equipment of the Department, of preliminary
procedures, such as data recording and verification, within the agency;
3. The effective administration of the Communication and Computing
Division, including security to prevent unauthorized access to
information systems and plans for the recovery of systems and
applications after they have been disrupted; and
4. Specifications and standards for the employment of all
personnel of the Department.
(Added to NRS by 1965, 973; A 1973, 1462; 1981, 1145; 1989, 2154;
1993, 369, 1541; 1995, 585; 1997, 3084)
1. Except as otherwise provided in subsection 2, the Planning and
Research Unit of the Planning and Programming Division of the Department
shall:
(a) Develop policies and standards for the information systems of
the Executive Branch of Government;
(b) Coordinate the development of a biennial state plan for the
information systems of the Executive Branch of Government;
(c) Develop guidelines to assist state agencies in the development
of short- and long-term plans for their information systems;
(d) Develop guidelines and procedures for the procurement and
maintenance of the information systems of the Executive Branch of
Government;
(e) Develop standards to ensure the security of the information
systems of the Executive Branch of Government; and
(f) Perform other planning and research functions at the direction
of the Director.
2. This section does not apply to the Nevada System of Higher
Education or the Nevada Criminal Justice Information Computer System used
to provide support for the operations of law enforcement agencies in this
State.
(Added to NRS by 1989, 2153; A 1993, 370, 1541; 1995, 586; 1997,
3084)
1. There is hereby created an Information Technology Advisory
Board. The Board consists of:
(a) One member appointed by the Majority Floor Leader of the Senate
from the membership of the Senate Standing Committee on Finance during
the immediately preceding session of the Legislature.
(b) One member appointed by the Speaker of the Assembly from the
membership of the Assembly Standing Committee on Ways and Means during
the immediately preceding session of the Legislature.
(c) Two representatives of using agencies which are major users of
the services of the Department. The Governor shall appoint the two
representatives. Each such representative serves for a term of 2 years.
For the purposes of this paragraph, an agency is a “major user” if it is
among the top five users of the services of the Department, based on the
amount of money paid by each agency for the services of the Department
during the immediately preceding biennium.
(d) The Director of the Department of Administration or his
designee.
(e) The Superintendent of Public Instruction of the Department of
Education or his designee.
(f) Three persons appointed by the Governor in July of each
odd-numbered year as follows:
(1) One person who represents a city or county in this
State; and
(2) Two persons who represent the information technology
industry but who:
(I) Are not employed by this State;
(II) Do not hold any elected or appointed office in
State Government;
(III) Do not have an existing contract or other
agreement to provide information services, systems or technology to an
agency of this State; and
(IV) Are independent of and have no direct or indirect
pecuniary interest in a corporation, association, partnership or other
business organization which provides information services, systems or
technology to an agency of this State.
2. Each person appointed pursuant to paragraph (f) of subsection 1
serves for a term of 2 years. No person so appointed may serve more than
2 consecutive terms.
3. At the first regular meeting of each calendar year, the members
of the Board shall elect a Chairman by majority vote.
(Added to NRS by 1993, 1539)
1. The Board shall meet at least once every 3 months and may meet
at such further times as deemed necessary by the Chairman.
2. Members of the Board who are officers or employees of the
Executive Department of State Government serve without additional
compensation. Members who are not officers or employees of the Executive
Department of State Government are entitled to a salary of $80 for each
day or part of a day spent on the business of the Board. All members of
the Board are entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
(Added to NRS by 1993, 1539)
1. The Board shall:
(a) Advise the Department concerning issues relating to information
technology, including, without limitation, the development, acquisition,
consolidation and integration of, and policies, planning and standards
for, information technology.
(b) Periodically review the Department’s statewide strategic plans
and standards manual for information technology.
(c) Review the Department’s proposed budget before its submission
to the Budget Division of the Department of Administration.
2. The Board may:
(a) With the consent of the Department, recommend goals and
objectives for the Department, including periods and deadlines in which
to achieve those goals and objectives.
(b) Upon request by a using agency, review issues and policies
concerning information technology to resolve disputes with the Department.
(c) Review the plans for information technology of each using
agency.
(Added to NRS by 1993, 1539)
Regulations, policies, standards
and guidelines adopted pursuant to the provisions of this chapter must be
developed after consultation and coordination with state agencies that
are not required to use the services or equipment of the Department.
(Added to NRS by 1989, 2154)
SERVICES
1. The Department shall provide state agencies and elected state
officers with all their required design of information systems. All
agencies and officers must use those services and equipment, except as
otherwise provided in subsection 2.
2. The following agencies may negotiate with the Department for
its services or the use of its equipment, subject to the provisions of
this chapter, and the Department shall provide those services and the use
of that equipment as may be mutually agreed:
(a) The Court Administrator;
(b) The Department of Motor Vehicles;
(c) The Department of Public Safety;
(d) The Department of Transportation;
(e) The Employment Security Division of the Department of
Employment, Training and Rehabilitation;
(f) The Department of Wildlife;
(g) The Housing Division of the Department of Business and Industry;
(h) The Legislative Counsel Bureau;
(i) The State Controller;
(j) The State Gaming Control Board and Nevada Gaming Commission; and
(k) The Nevada System of Higher Education.
3. Any state agency or elected state officer who uses the services
of the Department and desires to withdraw substantially from that use
must apply to the Director for approval. The application must set forth
justification for the withdrawal. If the Director denies the application,
the agency or officer must:
(a) If the Legislature is in regular or special session, obtain the
approval of the Legislature by concurrent resolution.
(b) If the Legislature is not in regular or special session, obtain
the approval of the Interim Finance Committee. The Director shall, within
45 days after receipt of the application, forward the application
together with his recommendation for approval or denial to the Interim
Finance Committee. The Interim Finance Committee has 45 days after the
application and recommendation are submitted to its Secretary within
which to consider the application. Any application which is not
considered by the Committee within the 45-day period shall be deemed
approved.
4. If the demand for services or use of equipment exceeds the
capability of the Department to provide them, the Department may contract
with other agencies or independent contractors to furnish the required
services or use of equipment and is responsible for the administration of
the contracts.
(Added to NRS by 1965, 972; A 1969, 933; 1973, 1462; 1979, 1789;
1981, 1144, 1521, 1831; 1985, 1981; 1991, 1577; 1993, 370, 1542; 1995,
586; 1999, 1662 , 1811 ; 2001, 2591 ; 2003, 1559 , 2194 )
1. The Director may recommend to the Governor that a state agency
or elected officer that is required to use the Department’s equipment or
services be authorized to employ one or more persons to provide
information services exclusively for the agency or officer if:
(a) The Director finds that it is in the best interests of the
State to authorize the employment by the agency or elected officer;
(b) The agency or elected officer agrees to provide annually to the
Department sufficient information to determine whether the authorized
employment continues to be in the best interests of the State; and
(c) The agency or elected officer agrees to ensure that the person
or persons employed complies with the provisions of this chapter and the
regulations adopted thereunder.
2. The Director may recommend to the Governor the revocation of
the authority of a state agency or elected officer to employ a person or
persons pursuant to subsection 1 if the Director finds that the person or
persons employed have not complied with the provisions of this chapter or
the regulations adopted thereunder.
(Added to NRS by 1989, 2153; A 1993, 1543)
To facilitate the economical processing of data
throughout the State Government, the Department may provide service for
agencies not under the control of the Governor, upon the request of any
such agency. If there are sufficient resources available to the
Department, it may provide services to counties, cities and towns and to
their agencies.
(Added to NRS by 1965, 973; A 1981, 1144)—(Substituted in revision
for NRS 242.040)
The Director shall
advise the using agencies regarding:
1. The policy for information services of the Executive Branch of
Government, as that policy relates, but is not limited, to such items as
standards for systems and programming and criteria for the selection,
location and use of information systems in order that the requirements of
state agencies and officers may be met at the least cost to the State;
2. The procedures in performing information services; and
3. The effective administration and use of the computer facility,
including security to prevent unauthorized access to data and plans for
the recovery of systems and applications after they have been disrupted.
(Added to NRS by 1969, 930; A 1981, 1147; 1989, 2154; 1993, 1543)
1. All equipment of an agency or elected state officer which is
owned or leased by the State must be under the managerial control of the
Department, except the equipment of the agencies and officers specified
in subsection 2 of NRS 242.131 .
2. The Department may permit an agency which is required to use
such equipment to operate it on the agency’s premises.
(Added to NRS by 1969, 931; A 1981, 1147)—(Substituted in revision
for NRS 242.230)
1. The Department is responsible for:
(a) The applications of information systems;
(b) Designing and placing those systems in operation;
(c) Any application of an information system which it furnishes to
state agencies and officers after negotiation; and
(d) The writing, testing and performance of programs,
Ê for the state agencies and elected state officers which are required to
use its services.
2. The Director shall review and approve or disapprove, pursuant
to standards for justifying cost, any application of an information
system having an estimated developmental cost of $50,000 or more. No
using agency may commence development work on any such applications until
approval and authorization have been obtained from the Director.
(Added to NRS by 1969, 931; A 1973, 680; 1981,1147; 1993, 1543)
1. Any state agency or elected state officer which uses the
equipment or services of the Department shall adhere to the regulations,
standards, practices, policies and conventions of the Department.
2. The Department shall provide services to each agency uniformly
with respect to degree of service, priority of service, availability of
service and cost of service.
(Added to NRS by 1969, 931; A 1981, 1148; 1993, 1544)
1. Except as otherwise provided in subsection 3, the amount
receivable from an agency availing itself of the services of the
Department must be determined by the Director in each case and include:
(a) The annual expense, including depreciation, of operating and
maintaining the Communication and Computing Division, distributed among
the agencies in proportion to the services performed for each agency.
(b) A service charge in an amount determined by distributing the
monthly installment for the construction costs of the computer facility
among the agencies in proportion to the services performed for each
agency.
2. The Director shall prepare and submit monthly to the agencies
for which services of the Department have been performed an itemized
statement of the amount receivable from each agency.
3. The Director may authorize, if in his judgment the
circumstances warrant, a fixed cost billing, including a factor for
depreciation, for services rendered to an agency.
(Added to NRS by 1969, 931; A 1973, 680; 1979, 68; 1981, 1148;
1997, 3085)
1. The Fund for Information Services is hereby created as an
internal service fund. Money from the Fund must be paid out on claims as
other claims against the State are paid. The claims must be made in
accordance with budget allotments and are subject to postaudit
examination and approval.
2. All operating, maintenance, rental, repair and replacement
costs of equipment and all salaries of personnel assigned to the
Department must be paid from the Fund.
3. Each agency using the services of the Department shall pay a
fee for that use to the Fund, which must be set by the Director in an
amount sufficient to reimburse the Department for the entire cost of
providing those services, including overhead. Each using agency shall
budget for those services. All fees, proceeds from the sale of equipment
and any other money received by the Department must be deposited with the
State Treasurer for credit to the Fund.
(Added to NRS by 1965, 973; A 1979, 103; 1981, 255, 1145; 1989,
1470; 1993, 1544; 2003, 627 )
1. All claims made pursuant to NRS 242.122 to 242.241 ,
inclusive, must, when approved by the Department, be paid as other claims
against the State are paid.
2. If the State Controller finds that current claims against the
Fund for Information Services exceed the amount available in the Fund to
pay the claims, he may advance temporarily from the State General Fund to
the Fund the amount required to pay the claims, but no more than 25
percent of the revenue expected to be received in the current fiscal year
from any source authorized for the Fund. No amount may be transferred
unless requested by the Chief of the Budget Division of the Department of
Administration.
(Added to NRS by 1969, 932; A 1981, 1148; 1987, 150, 415; 1989,
1470; 1993, 1544; 2003, 627 )
Upon the receipt of a
statement submitted pursuant to subsection 2 of NRS 242.191 , each agency shall authorize the State
Controller by transfer or warrant to draw money from the agency’s account
in the amount of the statement for transfer to or placement in the Fund
for Information Services.
(Added to NRS by 1969, 932; A 1979, 69; 1981, 1148; 1989, 1471;
1993, 1545)
1. Until the construction costs of $535,600 for the computer
facility in Carson City, Nevada, have been paid, the Director shall pay
annually from the Fund for Information Services to the State Treasurer
for deposit in the State General Fund 2 percent of the facility’s
original acquisition cost.
2. For any subsequent capital additions to the computer facility,
the Director shall pay annually from that Fund to the State Treasurer for
deposit in the State General Fund 2 percent of the original cost of such
capital additions, until this cost has been fully paid.
(Added to NRS by 1969, 932; A 1973, 681; 1981, 1148; 1989, 1471;
1993, 1545)
MISCELLANEOUS PROVISIONS
1. A state agency that uses at least one computer in the course of
its work shall:
(a) Create a written policy setting forth the appropriate uses of
the computers of the state agency; and
(b) Provide all employees of the state agency with a copy of the
written policy.
2. As used in this section, “state agency” means an agency,
bureau, board, commission, department, division or any other unit of the
Executive Department of the government of this State.
(Added to NRS by 1999, 2714 )
