CHAPTER 274

FORMERLY

HOUSE BILL NO. 327

AN ACT TO AMEND TITLES 15, 17 AND 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF INFORMATION SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section I. Amend Subchapter IV, Chapter 63, Title 29 of the Delaware Code by deleting said subchapter in its entirety and substituting in lieu thereof the following:

"Subchapter IV. Office of Information Services. § 6351. Office of Information Services.

There is hereby established the Office of Information Services within the Executive Department, replacing the Office of Information Systems within the Office of the Budget.

§ 6352. Powers, duties and functions.

(a) The Office of Information Services within the Executive Department is established having powers, duties and functions as follows:

(1) Provide operations and production support to ensure the efficient and reliable operation of the State's computer and telecommunications network;

(1) provide technical support and assistance to maintain control programs for computer operations, program development, telecommunications network operation and data base management;

(2) Evaluate the performance of computer/informational systems and equipment;

(3) Provide analytical and programming support to maintain and upgrade existing information systems, applications and programs;

(4) provide facilities management of certain informational facilities, including certain office-support informational centers;

(5) Make studies of all facets of data/voice/image processing, word processing, computer and computer-related telecommunications, voice and radio telecommunications in State government, and systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including approval or disapproval of systems and equipment installed or to be installed or of changes or additions in or to equipment in any or all of the various State agencies, regardless of size or of the method or source of funding;

(6) Establish statewide standards, policies, guidelines and procedures relating to the State's information assets including, but not limited to, statewide technology and information architectures, statewide information technology plans, development life cycle methodologies, transport facilities, communications protocols, data and information sharing considerations, grantsmanship efforts involving the State's informational resources, and the overall coordination of information technology efforts undertaken by and between the various State agencies; and

(8) Provide consulting services to client agencies including, but not limited to, information technology planning, program budget planning for information system initiatives, expertise in systems development life cycle methods, and access to technical information on emerging technologies.

(b) No data processing, word processing, voice processing or image processing computer or computer-related telecommunications equipment or software system acquisitions may be purchased, leased, rented, developed or otherwise acquired by any State agency, department or institution without prior written approval of the Executive Director. Such approval shall not be made unless the Executive Director has received complete details, including full life cycle costs (for example, equipment, maintenance, training, staff development, and support costs) key anticipated benefits, detailed machine and equipment specifications, programs to be processed and any other data which he/she may require. All the data and pertinent programming information shall be furnished to the Executive Director at least 90 days prior to the execution of any purchase, lease or rental contract.

(b) (I) Within guidelines established by the Office of Information

Services, no new computer or computer-programming related systems study

may be initiated by any department or agency unless covered by a formal project

approved by the department or agency head. Such project will be in the form prescribed by the Executive Director, but shall include in any case:

a. A statement of work to be done, existing work to be modified or displaced;

a. total cost of system development and conversion effort including, but not limited to, systems analysis and programming costs, establishment of master files, testing, documentation, special equipment costs and all other costs, including full overhead;

a. savings or added operating costs that will result after conversion;

b. other advantages or reasons that justify the work;

c. source of funding of the work, including ongoing costs;

d. conformance with formal (or abbreviated, where applicable) information systems planning methodologies;

e. consideration of shared applications and data elements/bases;

f. consistency with budget submissions and planning components thereof; and

g. whether or not work is within scope of projects or initiatives envisioned when the current fiscal year budget was approved.

(2) No project is to be undertaken which is beyond the scope of work funded by the General Fund or a special fund. This paragraph applies to all telecommunications or computer or computer-related systems development performed by the Office of Information Services, a department or agency itself, or an outside contractor, and also applies to new computer programs or systems purchased or otherwise acquired and placed in use.

(3) All projects are to be signed by the Executive Director and the concerned department or agency head, or their designees, before work is begun, except such relatively minor feasibility work required to prepare the project. Copies of all projects are to be provided to the Controller General and the Budget Director, who shall ensure that the Office of Information Services is included in reviews of agency information systems and technology tactical plans and

technology budget requests. Within constraints established by the Budget

Director and the Controller General, the Office of Information Services will provide an analysis of the technical feasibility, consistent with statewide technology strategy, and completeness and reasonableness of projected costs to develop and operate all agency projects submitted through the annual budget process. In support of all projects executed between the Office of Information Services and the concerned department or agency, the Office of Information Services shall provide or maintain staff support to the benefiting department or agency at the projected level of effort until the project work has been accomplished.

(4) Management control and policy direction over all aspects of computerized data requirements definition, data acquisition, data storage and dissemination, data retention, and data retirement standards shall be the sole province of the Office of Information Services.

(4) The creation and maintenance of statewide data dictionary in which each element of data is defined, collection responsibilities are affixed, and data access by legitimate users clearly defined, shall likewise be the responsibility of the Office of Information Services.

(5) To those ends, no agency shall:

a. Claim unreasonable proprietary ownership of public domain information needed by another agency in the performance of its lawful duties, except as specifically excluded by law; or

a. create a computerized data base outside of guidelines
established by the Office of Information Services.

(d) Responsibility for the development and coordination of new technology-based management or productivity improvement programs is vested within the Office of Information Services, along with the responsibility to establish statewide information systems and technology priorities for purposes of budgetary funding reviews by the Budget Director.

(e) The Office of Information Services shall promote cooperation between the several State agencies, departments and institutions in order that work may be done by one agency for another agency and equipment and/or technical personnel in one agency may be made available to another agency, and promote such improvements as may be necessary in joint or cooperative data processing operations. The Executive Director is authorized to purchase, lease or rent data processing equipment in the name of the Office of Information Services and to operate the equipment in providing services to one or more State agencies, departments and institutions. When, in the opinion of the Executive Director, better and more efficient data processing services can be performed, the Office of Information Services may enter into lease or purchase agreements in the acquiring or the use of any data processing equipment and use such equipment in a consolidated or cooperative program. When the Office of Information Services acts as a cooperative or consolidated data processing operating agency, the cost of the operation shall be prorated among the State agencies utilizing the data processing services provided thereby. The Executive Director shall decide on the number of data processing centers, including the size of each, and shall be empowered to pick the site or sites for the centers and the controlling agency.

(1) Any consolidated or cooperative plan approved by the Executive Director shall be given effect. The Information Services Advisory Committee shall adjudicate disputes in all matters pertaining to the division of cost of data processing operations among the several agencies, and shall resolve differences with respect to data sharing and access privileges among and between using/owning agencies. The Office of Information Services shall maintain as a paramount consideration the successful internal organization

and duties of the several agencies so that efficiency existing in the agencies shall not be adversely affected or impaired by the decisions that are made.

(g) The Office of Information Services, via the Director of Telecommunications Management, shall:

(1) Cause a statewide telecommunications plan to be created, implemented and maintained;

(1) monitor and control the execution of said plan;

(2) review and approve all agency plans, and shall advise the Executive Director and the Budget Director regarding budget requests and acquisitions, involving any telecommunications resources and activities;

(3) report on status to an advisory committee, as is required;

(4) provide technical assistance and consultation to State agencies with regard to meeting agency needs for telecommunications goods and services;

(1) coordinate telecommunications plans and activities with related statewide information resource management functions;

(2) establish and promulgate standards, policies, guidelines and
procedures concerning the development, implementation, acquisition, and use of the State's communications facilities and assets; and

(5) assume those communications powers, duties and functions specified in § 6353 of this title.

(h) The Office of Information Services shall have such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with the laws of this State.

§ 6353. Communications powers, duties and functions.

To provide for the development of an efficient and reliable communications system for joint use by departments, agencies and subdivisions of State government and effect maximum practical consolidation and joint use of existing and future communications facilities, equipment and services owned or used by the State and generally to obtain maximum practical economies by centralized coordination and budgetary control of all communications functions and activities of State government, the Office of Information Services, Telecommunications Management, shall:

(a) (1) Approve and authorize all State government communications

activities in accordance with this subchapter. The management control of and accountability for the use and operation of communications activities shall be a function of the using agency subject to the policies and intent of this subchapter. Expenditure of any funds, regardless of source, for unauthorized communications activities of any kind, by any agency, for any reason, or for communications activities not in compliance with the policies and intent of this subchapter shall be a violation of law punishable under the applicable statues or regulations;

(2) develop, coordinate, publish and administer a comprehensive State communications plan which shall provide for the maximum practical consolidation and joint use of existing and future communications systems, facilities, equipment and services by State government;

(3) develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting communications requirements of State government;

(4) develop, coordinate, publish and administer policies and procedures for the use of communications facilities and services by State government;

(5) design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of communications systems, facilities, equipment and services for State government in accordance with the determinations directed by this subchapter;

(6) apply for, receive and hold, or, if appropriate, assist agencies in applying for, receiving and holding such authorizations, licenses, permits and allocations of channels and frequencies as are necessary to carry out the purpose of this subchapter;

(3) perform periodic audits of the communications facilities and activities of State agencies to ensure compliance with the policy and intent of this subchapter, and other applicable laws and regulations; and

(7) perform such other duties in connection with the communications activities of the State government as may be directed by the Governor, or the General Assembly, or as may be required by existing or future State or federal statute.

(b) (1) Develop, coordinate, publish and administer policies and

procedures for the submission of a communications budget, which shall include all requirements of State government, including identification of detailed requirements by agency;

(2) require that all State government agencies having communications requirements shall cooperate with and assist in the preparation of the communications budget; and

(3) provide for emergency or unplanned communications requirements by presenting a detailed program item in a supplemental budget request. Justification for the budget request shall be the responsibility of the agency having such emergency or unplanned requirements.

§ 6354. Creation, powers, duties and functions of Executive Director.

(a) There is hereby created the Office of the Executive Director of the Office of Information Services (for purposes of this subchapter, the `Executive Director'). The Executive Director shall be appointed by the Governor with the advice and consent of the Senate and to serve at his pleasure as the State of Delaware's Chief Information Officer.

(b) The Executive Director shall:

(I) Supervise, direct and account for the administration and operation of the Office of Information Services and its subsections, facilities, functions and employees;

(2) appoint personnel as may be necessary for the administration and operation of the Office of Information Services within such limitations as may be imposed by law;

(3) establish, consolidate or abolish such sections within the Office of Information Services or transfer or combine the powers, duties and functions of the subsections within the Office of Information Services as the Executive Director, with the approval of the Governor, may deem necessary, providing that

all powers, duties and functions required and assigned by law to the Office of Information Services shall be provided for and maintained;

(4) make and enter into any and all contracts, agreements or stipulations for equipment, facilities and support services, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities from public and private agencies in this State and other states, whenever the same shall be deemed by the Executive Director to be necessary in the performance of the functions of the Office of Information Services; and necessary legal services shall be provided pursuant to Chapter 25 of this title;

(5) delegate any of the Executive Director's powers, duties or functions to a manager, except the power to remove employees of the Office of Information Services or to determine their compensation;

(6) establish and promulgate such rules and regulations governing the services and programs of the Office of Information Services and such other rules and regulations governing the administration and operation of the Office of Information Services as may be deemed necessary by the Executive Director and which are not inconsistent with the federal and State law;

(7) maintain such facilities throughout the State as may be required for the effective and efficient operation of the Office of Information Services;

(8) prepare a proposed budget for the operation of the Office of Information Services to be submitted for the consideration of the Budget Director, the Governor and the General Assembly as directed under this chapter;

(9) coordinate the activities of the Office of Information Services with those of other State departments and agencies concerned with the services provided; and

(4) have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Office of Information Services and implement the purposes of this subchapter.

§ 6355. Exemptions from Merit System.

The Executive Director shall be exempt from the application of Chapter 59 of this title.

§ 6356. Advisory Committee.

An Advisory Committee on Information Services is hereby established, to be chaired by a member so designated by the Governor. Its members shall include: (i) one member of the State Senate appointed by the President Pro Tempore of the Senate; (ii) one member of the State House of Representatives appointed by the Speaker of the House of Representatives; (iii) the State Secretary of Finance; (iv) the State Secretary of Health and Social Services; (v) the Secretary of State; (vi) the State Superintendent of Public Instruction; (vii) the State Secretary of Public Safety; (viii) the State Budget Director; (ix) the State Controller General; (x) one member of the State Judiciary appointed by the Chief Justice; (xi) one member representing State public schools, to be appointed by the Governor; and (xii) no more than three other members from within and outside of State government as the Governor may deem appropriate. The duties and responsibilities of the Advisory Committee, meeting at periodic intervals at the call of the Chair, shall be as follows:

(b) provide overall policy review and guidance to the planning, budgeting, operation and control of the State's informational assets:

(c) provide guidance in the review and establishment of policies and standards governing the State's informational resources;

(d) adjudicate appeals and disputes involving the Office of Information Services and the various State agencies;

(e) engage in, or cause to occur, post-implementation reviews of Information System and Technology initiatives to assess attainment of goals and objectives and budgetary compliance; and

(t) assist and consult with the Executive Director as is required in the discharge of his/her duties and responsibilities.

§ 6357. Information resource coordination.

(a) To assist the Executive Director in discharging his duties as 'Chief Information Officer' in the coordination and statewide management of informational resources, each cabinet level agency shall name an individual to act as that agency's 'information resource manager' or 'coordinator'. It is the intent of this section that such coordinators will act as the primary points of contact for appropriate communications between the Office of Information Services and the agencies. It is further intended that the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General, and other elective offices similarly assign such a coordinator. The Executive Director shall cause the collective body of coordinators to meet regularly for purposes of statewide coordination of Delaware's informational resources.

(a) The Executive Director, along with agency information resource managers, will be responsible for developing a statewide Information Technology Strategy, to be published in the first quarter of each calendar year. This will document current and evolving technology standards, the evolution of the State's technology infrastructure, and projections of the Office of Information Services service and support levels.

(b) On an annual basis each State department and agency will submit a technology plan to the Office of Information Services, projecting anticipated information technology needs and objectives over a three-year time horizon.

§ 6358. Assumption of powers.

As of July I, 1995, the Office of Information Services shall assume the powers, duties and functions formerly vested in the Office of Information Systems within the Budget Office and the powers, duties and functions for all data processing, information systems and telecommunications previously vested in the Department of Administrative Services, Division of Central Data Processing, and the Office of Planning Systcms Development.

§ 6359. Existing rights of appeal preserved.

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Office of Information Services shall continue to exist with respect to such act or acts as hereafter performed by the Office of Information Services to which such functions are transferred and each such appeal shall be perfected in the manner heretofore provided by law.

§ 6360. Budgeting and financing.

(a) The Executive Director, in cooperation with the internal program managers and office administrators, shall prepare a proposed budget for the operation of the Office of Information Services to be submitted for the consideration of the Budget Director, the

Governor and the General Assembly. The Office of Information Services shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Special funds may be used in accordance with approved programs, grants and appropriations."

Section 2. Amend § 6528(e), Title 29, Delaware Code, by deleting said subsection in its entirety and substituting in lieu thereof the following:

"§ 6528. Transfer of funds.

(e) The provisions of subsection (d) of this section are waived with respect to the Office of Information Services. Requests from the Executive Director of the Office of Information Services for transfer of unexpended funds appropriated to personnel costs to 'contractual services -- equipment rental' may be made upon approval of the Budget Director and the Controller General."

Section 3. Amend § 6903(a)(6), Title 29, Delaware Code, by deleting therefrom the word "Systems" and substituting in lieu thereof the word "Services"; and by adding the words "or professional services," between the word "software" and the word "without".

Section 4. Amend § 7105(d), Title 29, Delaware Code, by deleting therefrom the words "Information Systems" and substituting in lieu thereof the words "Information Services".

Section 5. Amend § 2051(f), Title 15, Delaware Code, by deleting therefrom the words "Office of Information Systems" and substituting in lieu thereof the words "Office of Information Services".

Section 6. Amend § 1603(6)(4), Title 17, Delaware Code, by deleting therefrom the word "Systems" and substituting in lieu thereof the word "Services".

Approved July 19, 1995