Bill Text For SB0617 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 617                         By: Stanislawski of the Senate    |
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  |                                         and                           |
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  |                                         Hilbert of the House          |
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 9|       [ public finance - Information Technology                       |
  |       Consolidation and Coordination Act - Oklahoma State             |
10|       Department of Education - effective date ]                      |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     62 O.S. 2011, Section 34.11.1, as    |
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15|last amended by Section 2, Chapter 384, O.S.L. 2017 (62 O.S. Supp.     |
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16|2018, Section 34.11.1), is amended to read as follows:                 |
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17|    Section 34.11.1.  A.  There is hereby created the position of      |
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18|Chief Information Officer who shall be appointed by the Governor.      |
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19|The Chief Information Officer, in addition to having authority over    |
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20|the Information Services Division of the Office of Management and      |
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21|Enterprise Services, shall also serve as Secretary of Information      |
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22|Technology and Telecommunications or successor cabinet position and    |
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23|shall have jurisdictional areas of responsibility related to           |
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24|information technology and telecommunications systems of all state     |
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arsid3871127 (Floor Amendments Only)                               Page 1
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 1|agencies as provided for in state law.  The salary of the Chief        |
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 2|Information Officer shall not be less than One Hundred Thirty          |
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 3|Thousand Dollars ($130,000.00) or more than One Hundred Sixty          |
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 4|Thousand Dollars ($160,000.00).                                        |
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 5|    B.  Any person appointed to the position of Chief Information      |
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 6|Officer shall meet the following eligibility requirements:             |
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 7|    1.  A baccalaureate degree in Computer Information Systems,        |
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 8|Information Systems or Technology Management, Business                 |
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 9|Administration, Finance, or other similar degree;                      |
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10|    2.  A minimum of ten (10) years of professional experience with    |
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11|responsibilities for management and support of information systems     |
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12|and information technology, including seven (7) years of direct        |
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13|management of a major information technology operation;                |
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14|    3.  Familiarity with local and wide-area network design,           |
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15|implementation, and operation;                                         |
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16|    4.  Experience with data and voice convergence service             |
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17|offerings;                                                             |
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18|    5.  Experience in developing technology budgets;                   |
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19|    6.  Experience in developing requests for proposal and             |
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20|administering the bid process;                                         |
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21|    7.  Experience managing professional staff, teams, and             |
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22|consultants;                                                           |
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23|    8.  Knowledge of telecommunications operations;                    |
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arsid3871127 (Floor Amendments Only)                               Page 2
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 1|    9.  Ability to develop and set strategic direction for             |
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 2|information technology and telecommunications and to manage daily      |
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 3|development and operations functions;                                  |
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 4|    10.  An effective communicator who is able to build consensus;     |
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 5|    11.  Ability to analyze and resolve complex issues, both logical   |
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 6|and interpersonal;                                                     |
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 7|    12.  Effective verbal and written communications skills and        |
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 8|effective presentation skills, geared toward coordination and          |
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 9|education;                                                             |
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10|    13.  Ability to negotiate and defuse conflict; and                 |
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11|    14.  A self-motivator, independent, cooperative, flexible and      |
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12|creative.                                                              |
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13|    C.  The salary and any other expenses for the Chief Information    |
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14|Officer shall be budgeted as a separate line item through the Office   |
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15|of Management and Enterprise Services.  The operating expenses of      |
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16|the Information Services Division shall be set by the Chief            |
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17|Information Officer and shall be budgeted as a separate line item      |
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18|through the Office of Management and Enterprise Services.  The         |
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19|Office of Management and Enterprise Services shall provide adequate    |
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20|office space, equipment and support necessary to enable the Chief      |
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21|Information Officer to carry out the information technology and        |
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22|telecommunications duties and responsibilities of the Chief            |
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23|Information Officer and the Information Services Division.             |
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24|                                                                       |
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arsid3871127 (Floor Amendments Only)                               Page 3
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 1|    D.  1.  Within twelve (12) months of appointment, the first        |
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 2|Chief Information Officer shall complete an assessment, which shall    |
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 3|be modified annually pursuant to Section 35.5 of this title, of the    |
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 4|implementation of the transfer, coordination, and modernization of     |
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 5|all information technology and telecommunication systems of all        |
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 6|state agencies in the state as provided for in the Oklahoma            |
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 7|Information Services Act.  The assessment shall include the            |
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 8|information technology and telecommunications systems of all           |
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 9|institutions within The Oklahoma State System of Higher Education,     |
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10|the Oklahoma State Regents for Higher Education and the                |
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11|telecommunications network known as OneNet as assembled and            |
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12|submitted by the Oklahoma Higher Education Chief Information           |
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13|Officer, as designated by the Oklahoma State Regents for Higher        |
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14|Education.                                                             |
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15|    2.  Within twelve (12) months of appointment, the first Chief      |
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16|Information Officer shall issue a report setting out a plan of         |
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17|action which will include the following:                               |
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18|         a.    define the shared service model organization            |
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19|              structure and the reporting relationship of the          |
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20|              recommended organization,                                |
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21|         b.    the implementation of an information technology and     |
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22|              telecommunications shared services model that defines    |
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23|              the statewide infrastructure environment needed by       |
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24|              most state agencies that is not specific to individual   |
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arsid3871127 (Floor Amendments Only)                               Page 4
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 1|              agencies and the shared applications that are utilized   |
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 2|              across multiple agencies,                                |
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 3|         c.    define the services that shall be in the shared         |
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 4|              services model under the control of the Information      |
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 5|              Services Division of the Office of Management and        |
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 6|              Enterprise Services,                                     |
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 7|         d.    define the roadmap to implement the proposed shared     |
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 8|              services model.  The roadmap shall include               |
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 9|              recommendations on the transfer, coordination, and       |
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10|              modernization of all information technology and          |
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11|              telecommunication systems of all the state agencies in   |
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12|              the state,                                               |
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13|         e.    recommendations on the reallocation of information      |
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14|              technology and telecommunication resources and           |
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15|              personnel,                                               |
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16|         f.    a cost benefit analysis to support the                  |
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17|              recommendations on the reallocation of information       |
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18|              technology and telecommunication resources and           |
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19|              personnel,                                               |
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20|         g.    a calculation of the net savings realized through the   |
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21|              reallocation and consolidation of information            |
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22|              technology and telecommunication resources and           |
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23|              personnel after compensating for the cost of             |
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24|              contracting with a private consultant as authorized in   |
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arsid3871127 (Floor Amendments Only)                               Page 5
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 1|              paragraph 4 of this subsection, implementing the plan    |
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 2|              of action, and ongoing costs of the Information          |
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 3|              Services Division of the Office of Management and        |
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 4|              Enterprise Services, and                                 |
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 5|         h.    the information required in subsection B of Section     |
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 6|              35.5 of this title.                                      |
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 7|    3.  The plan of action report shall be presented to the            |
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 8|Governor, Speaker of the House of Representatives, and the President   |
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 9|Pro Tempore of the State Senate.                                       |
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10|    4.  The Chief Information Officer may contract with a private      |
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11|consultant or consultants to assist in the assessment and              |
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12|development of the plan of action report as required in this           |
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13|subsection.                                                            |
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14|    E.  The Chief Information Officer shall be authorized to employ    |
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15|personnel, fix the duties and compensation of the personnel, not       |
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16|otherwise prescribed by law, and otherwise direct the work of the      |
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17|personnel in performing the function and accomplishing the purposes    |
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18|of the Information Services Division of the Office of Management and   |
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19|Enterprise Services.                                                   |
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20|    F.  The Information Services Division of the Office of             |
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21|Management and Enterprise Services shall be responsible for the        |
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22|following duties:                                                      |
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23|    1.  Formulate and implement the information technology strategy    |
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24|for all state agencies;                                                |
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arsid3871127 (Floor Amendments Only)                               Page 6
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 1|    2.  Define, design, and implement a shared services statewide      |
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 2|infrastructure and application environment for information             |
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 3|technology and telecommunications for all state agencies;              |
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 4|    3.  Direct the development and operation of a scalable             |
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 5|telecommunications infrastructure that supports data and voice         |
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 6|communications reliability, integrity, and security;                   |
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 7|    4.  Supervise the applications development process for those       |
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 8|applications that are utilized across multiple agencies;               |
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 9|    5.  Provide direction for the professional development of          |
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10|information technology staff of state agencies and oversee the         |
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11|professional development of the staff of the Information Services      |
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12|Division of the Office of Management and Enterprise Services;          |
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13|    6.  Evaluate all technology and telecommunication investment       |
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14|choices for all state agencies;                                        |
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15|    7.  Create a plan to ensure alignment of current systems, tools,   |
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16|and processes with the strategic information technology plan for all   |
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17|state agencies;                                                        |
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18|    8.  Set direction and provide oversight for the support and        |
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19|continuous upgrading of the current information technology and         |
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20|telecommunication infrastructure in the state in support of enhanced   |
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21|reliability, user service levels, and security;                        |
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22|    9.  Direct the development, implementation, and management of      |
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23|appropriate standards, policies and procedures to ensure the success   |
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24|of state information technology and telecommunication initiatives;     |
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arsid3871127 (Floor Amendments Only)                               Page 7
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 1|    10.  Recruit, hire and transfer the required technical staff in    |
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 2|the Information Services Division of the Office of Management and      |
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 3|Enterprise Services to support the services provided by the Division   |
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 4|and the execution of the strategic information technology plan;        |
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 5|    11.  Establish, maintain, and enforce information technology and   |
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 6|telecommunication standards;                                           |
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 7|    12.  Delegate, coordinate, and review all work to ensure quality   |
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 8|and efficient operation of the Information Services Division of the    |
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 9|Office of Management and Enterprise Services;                          |
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10|    13.  Create and implement a communication plan that disseminates   |
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11|pertinent information to state agencies on standards, policies,        |
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12|procedures, service levels, project status, and other important        |
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13|information to customers of the Information Services Division of the   |
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14|Office of Management and Enterprise Services and provide for agency    |
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15|feedback and performance evaluation by customers of the Division;      |
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16|    14.  Develop and implement training programs for state agencies    |
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17|using the shared services of the Information Services Division of      |
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18|the Office of Management and Enterprise Services and recommend         |
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19|training programs to state agencies on information technology and      |
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20|telecommunication systems, products and procedures;                    |
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21|    15.  Provide counseling, performance evaluation, training,         |
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22|motivation, discipline, and assign duties for employees of the         |
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23|Information Services Division of the Office of Management and          |
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24|Enterprise Services;                                                   |
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arsid3871127 (Floor Amendments Only)                               Page 8
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 1|    16.  For all state agencies, approve the purchasing of all         |
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 2|information technology and telecommunication services and approve      |
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 3|the purchase of any information technology and telecommunication       |
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 4|product except the following:                                          |
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 5|         a.    a purchase less than or equal to Five Thousand          |
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 6|              Dollars ($5,000.00) if such product is purchased using   |
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 7|              a state purchase card and the product is listed on       |
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 8|              either the Approved Hardware or Approved Software list   |
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 9|              located on the Office of Management and Enterprise       |
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10|              Services website, or                                     |
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11|         b.    a purchase over Five Thousand Dollars ($5,000.00) and   |
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12|              less than or equal to Twenty-five Thousand Dollars       |
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13|              ($25,000.00) if such product is purchased using a        |
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14|              state purchase card, the product is listed on an         |
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15|              information technology or telecommunications statewide   |
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16|              contract, and the product is listed on either the        |
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17|              Approved Hardware or Approved Software list located on   |
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18|              the Office of Management and Enterprise Services         |
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19|              website;                                                 |
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20|    17.  Develop and enforce an overall infrastructure architecture    |
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21|strategy and associated roadmaps for desktop, network, server,         |
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22|storage, and statewide management systems for state agencies;          |
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23|    18.  Effectively manage the design, implementation and support     |
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24|of complex, highly available infrastructure to ensure optimal          |
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arsid3871127 (Floor Amendments Only)                               Page 9
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 1|performance, on-time delivery of features, and new products, and       |
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 2|scalable growth;                                                       |
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 3|    19.  Define and implement a governance model for requesting        |
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 4|services and monitoring service level metrics for all shared           |
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 5|services; and                                                          |
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 6|    20.  Create the budget for the Information Services Division of    |
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 7|the Office of Management and Enterprise Services to be submitted to    |
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 8|the Legislature each year.                                             |
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 9|    G.  The State Governmental Technology Applications Review Board    |
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10|shall provide ongoing oversight of the implementation of the plan of   |
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11|action required in subsection D of this section.  Any proposed         |
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12|amendments to the plan of action shall be approved by the Board        |
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13|prior to adoption.                                                     |
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14|    H.  1.  The Chief Information Officer shall act as the             |
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15|Information Technology and Telecommunications Purchasing Director      |
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16|for all state agencies and shall be responsible for the procurement    |
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17|of all information technology and telecommunication software,          |
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18|hardware, equipment, peripheral devices, maintenance, consulting       |
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19|services, high technology systems, and other related information       |
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20|technology, data processing, telecommunication and related             |
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21|peripherals and services for all state agencies.  The Chief            |
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22|Information Officer shall establish, implement, and enforce policies   |
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23|and procedures for the procurement of information technology and       |
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24|telecommunication software, hardware, equipment, peripheral devices,   |
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arsid3871127 (Floor Amendments Only)                               Page 10
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 1|maintenance, consulting services, high technology systems, and other   |
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 2|related information technology, data processing, telecommunication     |
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 3|and related peripherals and services by purchase, lease-purchase,      |
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 4|lease with option to purchase, lease and rental for all state          |
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 5|agencies.  The procurement policies and procedures established by      |
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 6|the Chief Information Officer shall be consistent with The Oklahoma    |
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 7|Central Purchasing Act.                                                |
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 8|    2.  The Chief Information Officer, or any employee or agent of     |
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 9|the Chief Information Officer acting within the scope of delegated     |
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10|authority, shall have the same power and authority regarding the       |
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11|procurement of all information technology and telecommunication        |
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12|products and services as outlined in paragraph 1 of this subsection    |
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13|for all state agencies as the State Purchasing Director has for all    |
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14|acquisitions used or consumed by state agencies as established in      |
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15|The Oklahoma Central Purchasing Act.  Such authority shall,            |
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16|consistent with the authority granted to the State Purchasing          |
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17|Director pursuant to Section 85.10 of Title 74 of the Oklahoma         |
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18|Statutes, include the power to designate financial or proprietary      |
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19|information submitted by a bidder confidential and reject all          |
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20|requests to disclose the information so designated, if the Chief       |
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21|Information Officer requires the bidder to submit the financial or     |
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22|proprietary information with a bid, proposal, or quotation.            |
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arsid3871127 (Floor Amendments Only)                               Page 11
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 1|    I.  The Information Services Division of the Office of             |
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 2|Management and Enterprise Services and the Chief Information Officer   |
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 3|shall be subject to The Oklahoma Central Purchasing Act for the        |
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 4|approval and purchase of equipment and products not related to         |
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 5|information and telecommunications technology, equipment, software,    |
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 6|products and related peripherals and services and shall also be        |
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 7|subject to the requirements of the Public Competitive Bidding Act of   |
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 8|1974, the Oklahoma Lighting Energy Conservation Act and the Public     |
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 9|Building Construction and Planning Public Facilities Act when          |
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10|procuring data processing, information technology,                     |
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11|telecommunication, and related peripherals and services and when       |
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12|constructing information technology and telecommunication              |
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13|facilities, telecommunication networks and supporting                  |
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14|infrastructure.  The Chief Information Officer shall be authorized     |
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15|to delegate all or some of the procurement of information technology   |
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16|and telecommunication products and services and construction of        |
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17|facilities and telecommunication networks to another state entity if   |
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18|the Chief Information Officer determines it to be cost-effective and   |
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19|in the best interest of the state.  The Chief Information Officer      |
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20|shall have authority to designate information technology and           |
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21|telecommunication contracts as statewide contracts and mandatory       |
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22|statewide contracts pursuant to Section 85.5 of Title 74 of the        |
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23|Oklahoma Statutes and to negotiate consolidation contracts,            |
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24|enterprise agreements and high technology systems contracts in         |
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arsid3871127 (Floor Amendments Only)                               Page 12
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 1|accordance with the procedures outlined in Section 85.9D of Title 74   |
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 2|of the Oklahoma Statutes.  Any contract entered into by a state        |
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 3|agency for which the Chief Information Officer has not acted as the    |
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 4|Information Technology and Telecommunications Purchasing Director as   |
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 5|required in this subsection or subsection H of this section, shall     |
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 6|be deemed to be unenforceable and the Office of Management and         |
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 7|Enterprise Services shall not process any claim associated with the    |
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 8|provisions thereof.                                                    |
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 9|    J.  The Chief Information Officer shall establish, implement,      |
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10|and enforce policies and procedure for the development and             |
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11|procurement of an interoperable radio communications system for        |
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12|state agencies.  The Chief Information Officer shall work with local   |
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13|governmental entities in developing the interoperable radio            |
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14|communications system.                                                 |
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15|    K.  The Chief Information Officer shall develop and implement a    |
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16|plan to utilize open source technology and products for the            |
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17|information technology and telecommunication systems of all state      |
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18|agencies.                                                              |
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19|    L.  All state agencies and authorities of this state and all       |
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20|officers and employees of those entities shall work and cooperate      |
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21|with and lend assistance to the Chief Information Officer and the      |
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22|Information Services Division of the Office of Management and          |
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23|Enterprise Services and provide any and all information requested by   |
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24|the Chief Information Officer.                                         |
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arsid3871127 (Floor Amendments Only)                               Page 13
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 1|    M.  The Chief Information Officer shall prepare an annual report   |
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 2|detailing the ongoing net saving attributable to the reallocation      |
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 3|and consolidation of information technology and telecommunication      |
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 4|resources and personnel and shall submit the report to the Governor,   |
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 5|the Speaker of the House of Representatives, and the President Pro     |
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 6|Tempore of the Senate.                                                 |
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 7|    N.  For purposes of the Oklahoma Information Services Act,         |
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 8|unless otherwise provided for, "state agencies" shall include any      |
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 9|office, officer, bureau, board, commission, counsel, unit, division,   |
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10|body, authority or institution of the executive branch of state        |
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11|government, whether elected or appointed; provided, except with        |
  |                                                                       |
12|respect to the provisions of subsection D of this section, the term    |
  |                                                                       |
13|"state agencies" shall not include institutions within The Oklahoma    |
  |                                                                       |
14|State System of Higher Education, the Oklahoma State Regents for       |
  |                                                                       |
15|Higher Education and the telecommunications network known as OneNet.   |
  |                                                                       |
16|    O.  With the exception of network hosting, data hosting, network   |
  |                                                                       |
17|security, server security and systems software support, the            |
  |                                                                       |
18|provisions of this section shall not apply to the Oklahoma State       |
  |                                                                       |
19|Department of Education and the Oklahoma Department of Career and      |
  |                                                                       |
20|Technology Education.  Internal help desk support for employees of     |
  |                                                                       |
21|the Oklahoma State Department of Education shall be jointly provided   |
  |                                                                       |
22|by the Information Services Division of the Office of Management and   |
  |                                                                       |
23|Enterprise Services and the Information Services Division of the       |
  |                                                                       |
24|Oklahoma State Department of Education.                                |
  |                                                                       |
arsid3871127 (Floor Amendments Only)                               Page 14
___________________________________________________________________________

 1|    P.  As used in this section:                                       |
  |                                                                       |
 2|    1.  "High technology system" means advanced technological          |
  |                                                                       |
 3|equipment, software, communication lines, and services for the         |
  |                                                                       |
 4|processing, storing, and retrieval of information by a state agency;   |
  |                                                                       |
 5|    2.  "Consolidation contract" means a contract for several state    |
  |                                                                       |
 6|or public agencies for the purpose of purchasing information           |
  |                                                                       |
 7|technology and telecommunication goods and services; and               |
  |                                                                       |
 8|    3.  "Enterprise agreement" means an agreement for information      |
  |                                                                       |
 9|technology or telecommunication goods and services with a supplier     |
  |                                                                       |
10|who manufactures, develops and designs products and provides           |
  |                                                                       |
11|services that are used by one or more state agencies.                  |
  |                                                                       |
12|    SECTION 2.  This act shall become effective November 1, 2019.      |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated     |
  |04/11/2019 - DO PASS, As Amended.                                      |
15|                                                                       |
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16|                                                                       |
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17|                                                                       |
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18|                                                                       |
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19|                                                                       |
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20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
arsid3871127 (Floor Amendments Only)                               Page 15
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