2005 Nevada Revised Statutes - Chapter 242 — Information Services

CHAPTER 242 - INFORMATION SERVICES

GENERAL PROVISIONS

NRS 242.011 Definitions.

NRS 242.015 Boarddefined.

NRS 242.031 Departmentdefined.

NRS 242.041 Directordefined.

NRS 242.051 Equipmentdefined.

NRS 242.055 Informationservice defined.

NRS 242.057 Informationsystem defined.

NRS 242.059 Informationtechnology defined.

NRS 242.068 Usingagency defined.

NRS 242.071 Legislativedeclaration; purposes of Department of Information Technology.

DEPARTMENT OF INFORMATION TECHNOLOGY

NRS 242.080 Creation;divisions; units.

NRS 242.090 Director:Appointment; qualifications; other employment prohibited.

NRS 242.101 Director:Powers and duties.

NRS 242.105 Confidentialityof certain documents relating to homeland security: List; biennial review;annual report.

NRS 242.111 Regulations.

NRS 242.115 Dutiesof Planning and Research Unit.

NRS 242.122 InformationTechnology Advisory Board: Creation; members; Chairman.

NRS 242.123 InformationTechnology Advisory Board: Meetings; compensation.

NRS 242.124 InformationTechnology Advisory Board: Duties; powers.

NRS 242.125 Consultationand coordination with state agencies not required to use services ofDepartment.

SERVICES

NRS 242.131 Servicesprovided for agencies and elected officers of State: Negotiation; withdrawal;contracts to provide services.

NRS 242.135 Employmentof one or more persons to provide information services for agency or electedofficer of State.

NRS 242.141 Servicesprovided other than for agencies and elected officers of State.

NRS 242.151 Directorto advise agencies.

NRS 242.161 Managerialcontrol of equipment owned or leased by State.

NRS 242.171 Responsibilitiesof Department; review of proposed applications of information systems.

NRS 242.181 Adherenceby using agencies and elected officers of State to regulations; uniformity ofservices.

NRS 242.191 Amountreceivable from agency: Determination; itemized statement.

NRS 242.211 Fundfor Information Services: Creation; source and use.

NRS 242.221 Approvaland payment of claims; temporary advances.

NRS 242.231 Paymentby agency for services.

NRS 242.241 Repaymentof costs of construction of computer facility.

MISCELLANEOUS PROVISIONS

NRS 242.300 Policyof state agency for appropriate use of computers by employees of agency.

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GENERAL PROVISIONS

NRS 242.011 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS242.015 to 242.068, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1969, 930; A 1973, 975; 1977, 1183;1981, 1145; 1993, 1540)

NRS 242.015 Boarddefined. Board means the InformationTechnology Advisory Board.

(Added to NRS by 1993, 1538)

NRS 242.031 Departmentdefined. Department means the Department ofInformation Technology.

(Added to NRS by 1981, 1143; A 1993, 1540; 1997,3083)

NRS 242.041 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1981, 1143)

NRS 242.051 Equipmentdefined. Equipment means any machine ordevice designed for the automatic handling of information, including but notlimited to recording, storage, transmission and retrieval.

(Added to NRS by 1969, 930; A 1981, 1146; 1993, 1540)

NRS 242.055 Informationservice defined. Information service meansany service relating to the creation, maintenance, operation or use of aninformation system.

(Added to NRS by 1993, 1538)

NRS 242.057 Informationsystem defined. Information system meansany communications or computer equipment, computer software, procedures, personnelor technology used to collect, process, distribute or store information withinthe Executive Branch of State Government.

(Added to NRS by 1993, 1538)

NRS 242.059 Informationtechnology defined. Information technologymeans any information, information system or information service acquired,developed, operated, maintained or otherwise used within the Executive Branchof State Government.

(Added to NRS by 1993, 1539)

NRS 242.068 Usingagency defined. Using agency means anagency of the State which has a function requiring the use of informationtechnology, information services or an information system.

(Added to NRS by 1981, 1143; A 1993, 1540)

NRS 242.071 Legislativedeclaration; purposes of Department of Information Technology.

1. The Legislature hereby determines and declares thatthe creation of the Department of Information Technology is necessary for thecoordinated, orderly and economical processing of information in StateGovernment, to ensure economical use of information systems and to prevent theunnecessary proliferation of equipment and personnel among the various stateagencies.

2. The purposes of the Department are:

(a) To perform information services for state agencies.

(b) To provide technical advice but not administrativecontrol of the information systems within the state agencies, county agenciesand 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

NRS 242.080 Creation;divisions; units.

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 createdwithin the Planning and Programming Division of the Department.

4. A Communications Unit and a Telecommunications Unitare hereby created within the Communication and Computing Division of theDepartment.

(Added to NRS by 1981, 1143; A 1993, 1541; 1997,3083)

NRS 242.090 Director:Appointment; qualifications; other employment prohibited.

1. The Governor shall appoint the Director in theunclassified service of the State. In selecting the Director, the Governorshall consider recommendations of the Department of Personnel relating tominimum qualifications.

2. The Director:

(a) Serves at the pleasure of the Governor and isresponsible to him.

(b) Shall not engage in any other gainful employment oroccupation.

(Added to NRS by 1981, 1143; A 1983, 641; 1985, 413)

NRS 242.101 Director:Powers and duties.

1. The Director shall:

(a) Appoint the chiefs of the divisions in theunclassified service of the State;

(b) Administer the provisions of this chapter and otherprovisions of law relating to the duties of the Department; and

(c) Carry out other duties and exercise other powersspecified by law.

2. The Director may form committees to establishstandards and determine criteria for evaluation of policies relating toinformational services.

(Added to NRS by 1981, 1143)

NRS 242.105 Confidentialityof certain documents relating to homeland security: List; biennial review;annual report.

1. Except as otherwise provided in subsection 3,records and portions of records that are assembled, maintained, overseen orprepared by the Department to mitigate, prevent or respond to acts ofterrorism, the public disclosure of which would, in the determination of theDirector, create a substantial likelihood of threatening the safety of thegeneral public are confidential and not subject to inspection by the general publicto the extent that such records and portions of records consist of or include:

(a) Information regarding the infrastructure andsecurity of information systems, including, without limitation:

(1) Access codes, passwords and programs used toensure the security of an information system;

(2) Access codes used to ensure the security ofsoftware applications;

(3) Procedures and processes used to ensure thesecurity of an information system; and

(4) Plans used to reestablish security andservice with respect to an information system after security has been breachedor service has been interrupted.

(b) Assessments and plans that relate specifically anduniquely to the vulnerability of an information system or to the measures whichwill 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 aninformation system, insofar as those results reveal specific vulnerabilitiesrelative to the information system.

2. The Director shall maintain or cause to bemaintained a list of each record or portion of a record that the Director hasdetermined to be confidential pursuant to subsection 1. The list described inthis subsection must be prepared and maintained so as to recognize theexistence of each such record or portion of a record without revealing thecontents thereof.

3. At least once each biennium, the Director shallreview the list described in subsection 2 and shall, with respect to eachrecord or portion of a record that the Director has determined to beconfidential pursuant to subsection 1:

(a) Determine that the record or portion of a recordremains confidential in accordance with the criteria set forth in subsection 1;

(b) Determine that the record or portion of a record isno longer confidential in accordance with the criteria set forth in subsection1; or

(c) If the Director determines that the record orportion of a record is obsolete, cause the record or portion of a record to bedisposed of in the manner described in NRS239.073 to 239.125, inclusive.

4. On or before February 15 of each year, the Directorshall:

(a) Prepare a report setting forth a detaileddescription of each record or portion of a record determined to be confidentialpursuant to this section, if any, accompanied by an explanation of why eachsuch record or portion of a record was determined to be confidential; and

(b) Submit a copy of the report to the Director of theLegislative Counsel Bureau for transmittal to:

(1) If the Legislature is in session, thestanding committees of the Legislature which have jurisdiction of the subjectmatter; or

(2) If the Legislature is not in session, theLegislative Commission.

5. As used in this section, act of terrorism has themeaning ascribed to it in NRS 239C.030.

(Added to NRS by 2003, 2461; A 2005, 268)

NRS 242.111 Regulations. The Director shall adopt regulations necessary for theadministration of this chapter, including:

1. The policy for the information systems of theExecutive Branch of Government, excluding the Nevada System of Higher Educationand the Nevada Criminal Justice Information Computer System, as that policyrelates, but is not limited, to such items as standards for systems andprogramming and criteria for selection, location and use of information systemsto meet the requirements of state agencies and officers at the least cost tothe State;

2. The procedures of the Department in providinginformation services, which may include provision for the performance, by anagency which uses the services or equipment of the Department, of preliminaryprocedures, such as data recording and verification, within the agency;

3. The effective administration of the Communicationand Computing Division, including security to prevent unauthorized access toinformation systems and plans for the recovery of systems and applicationsafter they have been disrupted; and

4. Specifications and standards for the employment ofall personnel of the Department.

(Added to NRS by 1965, 973; A 1973, 1462; 1981, 1145;1989, 2154; 1993, 369, 1541; 1995, 585; 1997, 3084)

NRS 242.115 Dutiesof Planning and Research Unit.

1. Except as otherwise provided in subsection 2, thePlanning and Research Unit of the Planning and Programming Division of theDepartment shall:

(a) Develop policies and standards for the informationsystems of the Executive Branch of Government;

(b) Coordinate the development of a biennial state planfor the information systems of the Executive Branch of Government;

(c) Develop guidelines to assist state agencies in thedevelopment of short- and long-term plans for their information systems;

(d) Develop guidelines and procedures for theprocurement and maintenance of the information systems of the Executive Branchof Government;

(e) Develop standards to ensure the security of theinformation systems of the Executive Branch of Government; and

(f) Perform other planning and research functions atthe direction of the Director.

2. This section does not apply to the Nevada System ofHigher Education or the Nevada Criminal Justice Information Computer Systemused to provide support for the operations of law enforcement agencies in thisState.

(Added to NRS by 1989, 2153; A 1993, 370, 1541; 1995,586; 1997, 3084)

NRS 242.122 InformationTechnology Advisory Board: Creation; members; Chairman.

1. There is hereby created an Information TechnologyAdvisory Board. The Board consists of:

(a) One member appointed by the Majority Floor Leaderof the Senate from the membership of the Senate Standing Committee on Financeduring the immediately preceding session of the Legislature.

(b) One member appointed by the Speaker of the Assemblyfrom the membership of the Assembly Standing Committee on Ways and Means duringthe immediately preceding session of the Legislature.

(c) Two representatives of using agencies which aremajor users of the services of the Department. The Governor shall appoint thetwo representatives. Each such representative serves for a term of 2 years. Forthe purposes of this paragraph, an agency is a major user if it is among thetop five users of the services of the Department, based on the amount of moneypaid by each agency for the services of the Department during the immediatelypreceding biennium.

(d) The Director of the Department of Administration orhis designee.

(e) The Superintendent of Public Instruction of theDepartment of Education or his designee.

(f) Three persons appointed by the Governor in July ofeach odd-numbered year as follows:

(1) One person who represents a city or countyin this State; and

(2) Two persons who represent the informationtechnology industry but who:

(I) Are not employed by this State;

(II) Do not hold any elected or appointedoffice in State Government;

(III) Do not have an existing contract orother agreement to provide information services, systems or technology to anagency of this State; and

(IV) Are independent of and have no director indirect pecuniary interest in a corporation, association, partnership orother business organization which provides information services, systems ortechnology to an agency of this State.

2. Each person appointed pursuant to paragraph (f) ofsubsection 1 serves for a term of 2 years. No person so appointed may servemore 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)

NRS 242.123 InformationTechnology Advisory Board: Meetings; compensation.

1. The Board shall meet at least once every 3 monthsand may meet at such further times as deemed necessary by the Chairman.

2. Members of the Board who are officers or employeesof the Executive Department of State Government serve without additionalcompensation. Members who are not officers or employees of the ExecutiveDepartment of State Government are entitled to a salary of $80 for each day orpart of a day spent on the business of the Board. All members of the Board areentitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally.

(Added to NRS by 1993, 1539)

NRS 242.124 InformationTechnology Advisory Board: Duties; powers.

1. The Board shall:

(a) Advise the Department concerning issues relating toinformation technology, including, without limitation, the development,acquisition, consolidation and integration of, and policies, planning andstandards for, information technology.

(b) Periodically review the Departments statewidestrategic plans and standards manual for information technology.

(c) Review the Departments proposed budget before itssubmission to the Budget Division of the Department of Administration.

2. The Board may:

(a) With the consent of the Department, recommend goalsand objectives for the Department, including periods and deadlines in which toachieve those goals and objectives.

(b) Upon request by a using agency, review issues andpolicies concerning information technology to resolve disputes with theDepartment.

(c) Review the plans for information technology of eachusing agency.

(Added to NRS by 1993, 1539)

NRS 242.125 Consultationand coordination with state agencies not required to use services ofDepartment. Regulations, policies, standardsand guidelines adopted pursuant to the provisions of this chapter must bedeveloped after consultation and coordination with state agencies that are notrequired to use the services or equipment of the Department.

(Added to NRS by 1989, 2154)

SERVICES

NRS 242.131 Servicesprovided for agencies and elected officers of State: Negotiation; withdrawal;contracts to provide services.

1. The Department shall provide state agencies andelected state officers with all their required design of information systems.All agencies and officers must use those services and equipment, except asotherwise provided in subsection 2.

2. The following agencies may negotiate with theDepartment for its services or the use of its equipment, subject to theprovisions of this chapter, and the Department shall provide those services andthe 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 Departmentof Employment, Training and Rehabilitation;

(f) The Department of Wildlife;

(g) The Housing Division of the Department of Businessand Industry;

(h) The Legislative Counsel Bureau;

(i) The State Controller;

(j) The State Gaming Control Board and Nevada GamingCommission; and

(k) The Nevada System of Higher Education.

3. Any state agency or elected state officer who usesthe services of the Department and desires to withdraw substantially from thatuse must apply to the Director for approval. The application must set forthjustification for the withdrawal. If the Director denies the application, theagency or officer must:

(a) If the Legislature is in regular or specialsession, obtain the approval of the Legislature by concurrent resolution.

(b) If the Legislature is not in regular or specialsession, obtain the approval of the Interim Finance Committee. The Directorshall, within 45 days after receipt of the application, forward the applicationtogether with his recommendation for approval or denial to the Interim FinanceCommittee. The Interim Finance Committee has 45 days after the application andrecommendation are submitted to its Secretary within which to consider theapplication. Any application which is not considered by the Committee withinthe 45-day period shall be deemed approved.

4. If the demand for services or use of equipmentexceeds the capability of the Department to provide them, the Department maycontract with other agencies or independent contractors to furnish the requiredservices or use of equipment and is responsible for the administration of thecontracts.

(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)

NRS 242.135 Employmentof one or more persons to provide information services for agency or electedofficer of State.

1. The Director may recommend to the Governor that astate agency or elected officer that is required to use the Departmentsequipment or services be authorized to employ one or more persons to provideinformation services exclusively for the agency or officer if:

(a) The Director finds that it is in the best interestsof the State to authorize the employment by the agency or elected officer;

(b) The agency or elected officer agrees to provideannually to the Department sufficient information to determine whether theauthorized employment continues to be in the best interests of the State; and

(c) The agency or elected officer agrees to ensure thatthe person or persons employed complies with the provisions of this chapter andthe regulations adopted thereunder.

2. The Director may recommend to the Governor therevocation of the authority of a state agency or elected officer to employ aperson or persons pursuant to subsection 1 if the Director finds that theperson or persons employed have not complied with the provisions of this chapteror the regulations adopted thereunder.

(Added to NRS by 1989, 2153; A 1993, 1543)

NRS 242.141 Servicesprovided other than for agencies and elected officers of State. To facilitate the economical processing of data throughoutthe State Government, the Department may provide service for agencies not underthe control of the Governor, upon the request of any such agency. If there aresufficient resources available to the Department, it may provide services tocounties, cities and towns and to their agencies.

(Added to NRS by 1965, 973; A 1981,1144)(Substituted in revision for NRS 242.040)

NRS 242.151 Directorto advise agencies. The Director shall advisethe using agencies regarding:

1. The policy for information services of theExecutive Branch of Government, as that policy relates, but is not limited, tosuch items as standards for systems and programming and criteria for theselection, location and use of information systems in order that therequirements of state agencies and officers may be met at the least cost to theState;

2. The procedures in performing information services;and

3. The effective administration and use of thecomputer facility, including security to prevent unauthorized access to dataand plans for the recovery of systems and applications after they have beendisrupted.

(Added to NRS by 1969, 930; A 1981, 1147; 1989, 2154;1993, 1543)

NRS 242.161 Managerialcontrol of equipment owned or leased by State.

1. All equipment of an agency or elected state officerwhich is owned or leased by the State must be under the managerial control ofthe Department, except the equipment of the agencies and officers specified insubsection 2 of NRS 242.131.

2. The Department may permit an agency which isrequired to use such equipment to operate it on the agencys premises.

(Added to NRS by 1969, 931; A 1981,1147)(Substituted in revision for NRS 242.230)

NRS 242.171 Responsibilitiesof Department; review of proposed applications of information systems.

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 itfurnishes to state agencies and officers after negotiation; and

(d) The writing, testing and performance of programs,

for thestate agencies and elected state officers which are required to use its services.

2. The Director shall review and approve ordisapprove, pursuant to standards for justifying cost, any application of aninformation system having an estimated developmental cost of $50,000 or more.No using agency may commence development work on any such applications untilapproval and authorization have been obtained from the Director.

(Added to NRS by 1969, 931; A 1973, 680; 1981,1147;1993, 1543)

NRS 242.181 Adherenceby using agencies and elected officers of State to regulations; uniformity ofservices.

1. Any state agency or elected state officer which usesthe 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 eachagency 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)

NRS 242.191 Amountreceivable from agency: Determination; itemized statement.

1. Except as otherwise provided in subsection 3, theamount receivable from an agency availing itself of the services of theDepartment must be determined by the Director in each case and include:

(a) The annual expense, including depreciation, ofoperating and maintaining the Communication and Computing Division, distributedamong the agencies in proportion to the services performed for each agency.

(b) A service charge in an amount determined bydistributing the monthly installment for the construction costs of the computerfacility among the agencies in proportion to the services performed for eachagency.

2. The Director shall prepare and submit monthly tothe agencies for which services of the Department have been performed anitemized statement of the amount receivable from each agency.

3. The Director may authorize, if in his judgment thecircumstances warrant, a fixed cost billing, including a factor fordepreciation, for services rendered to an agency.

(Added to NRS by 1969, 931; A 1973, 680; 1979, 68;1981, 1148; 1997, 3085)

NRS 242.211 Fundfor Information Services: Creation; source and use.

1. The Fund for Information Services is hereby createdas an internal service fund. Money from the Fund must be paid out on claims asother claims against the State are paid. The claims must be made in accordancewith budget allotments and are subject to postaudit examination and approval.

2. All operating, maintenance, rental, repair andreplacement costs of equipment and all salaries of personnel assigned to theDepartment must be paid from the Fund.

3. Each agency using the services of the Departmentshall pay a fee for that use to the Fund, which must be set by the Director inan amount sufficient to reimburse the Department for the entire cost ofproviding those services, including overhead. Each using agency shall budgetfor those services. All fees, proceeds from the sale of equipment and any othermoney received by the Department must be deposited with the State Treasurer forcredit to the Fund.

(Added to NRS by 1965, 973; A 1979, 103; 1981, 255,1145; 1989, 1470; 1993, 1544; 2003, 627)

NRS 242.221 Approvaland payment of claims; temporary advances.

1. All claims made pursuant to NRS 242.122 to 242.241, inclusive, must, when approved bythe Department, be paid as other claims against the State are paid.

2. If the State Controller finds that current claimsagainst the Fund for Information Services exceed the amount available in theFund to pay the claims, he may advance temporarily from the State General Fundto the Fund the amount required to pay the claims, but no more than 25 percentof the revenue expected to be received in the current fiscal year from anysource authorized for the Fund. No amount may be transferred unless requestedby 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)

NRS 242.231 Paymentby agency for services. Upon the receipt of astatement submitted pursuant to subsection 2 of NRS 242.191, each agency shall authorizethe State Controller by transfer or warrant to draw money from the agencysaccount in the amount of the statement for transfer to or placement in the Fundfor Information Services.

(Added to NRS by 1969, 932; A 1979, 69; 1981, 1148;1989, 1471; 1993, 1545)

NRS 242.241 Repaymentof costs of construction of computer facility.

1. Until the construction costs of $535,600 for thecomputer facility in Carson City, Nevada, have been paid, the Director shallpay annually from the Fund for Information Services to the State Treasurer fordeposit in the State General Fund 2 percent of the facilitys originalacquisition cost.

2. For any subsequent capital additions to thecomputer facility, the Director shall pay annually from that Fund to the StateTreasurer for deposit in the State General Fund 2 percent of the original costof 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

NRS 242.300 Policyof state agency for appropriate use of computers by employees of agency.

1. A state agency that uses at least one computer inthe course of its work shall:

(a) Create a written policy setting forth theappropriate uses of the computers of the state agency; and

(b) Provide all employees of the state agency with acopy 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 theExecutive Department of the government of this State.

(Added to NRS by 1999, 2714)

 

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