Oklahoma § 62-34.12 - Information Services Division - Powers and duties

§ 62-34.12. Information Services Division - Powers and duties

A. The Information Services Division of the Office of

Management and Enterprise Services shall:

1. Coordinate information technology planning through analysis

of the long-term information technology plans for each agency;

2. Develop a statewide information technology plan with annual

modifications to include, but not be limited to, individual agency

plans and information systems plans for the statewide electronic

information technology function;

3. Establish and enforce minimum mandatory standards for:

a.

information systems planning,

b.

systems development methodology,

c.

documentation,

d.

hardware requirements and compatibility,

e.

operating systems compatibility,

f.

acquisition of software, hardware and technologyrelated services,

g.

information security and internal controls,

h.

data base compatibility,

i.

contingency planning and disaster recovery, and

j.

imaging systems, copiers, facsimile systems, printers,

scanning systems and any associated supplies.

The standards shall, upon adoption, be the minimum requirements

applicable to all agencies. These standards shall be compatible

with the standards established for the Oklahoma Government

Telecommunications Network. Individual agency standards may be more

specific than statewide requirements but shall in no case be less

than the minimum mandatory standards. Where standards required of

an individual agency of the state by agencies of the federal

government are more strict than the state minimum standards, such

federal requirements shall be applicable;

4. Develop and maintain applications for agencies not having

the capacity to do so;

5. Operate a data service center to provide operations and

hardware support for agencies requiring such services and for

statewide systems;

6. Maintain a directory of the following which have a value of

Five Hundred Dollars ($500.00) or more: application systems, systems

software, hardware, internal and external information technology,

communication or telecommunication equipment owned, leased, or

rented for use in communication services for state government

including communication services provided as part of any other total

system to be used by the state or any of its agencies, and studies

and training courses in use by all agencies of the state; and

facilitate the utilization of the resources by any agency having

requirements which are found to be available within any agency of

the state;

Oklahoma Statutes - Title 62. Public Finance

7. Assist agencies in the acquisition and utilization of

information technology systems and hardware to effectuate the

maximum benefit for the provision of services and accomplishment of

the duties and responsibilities of agencies of the state;

8. Coordinate for the executive branch of state government

agency information technology activities, encourage joint projects

and common systems, linking of agency systems through the review of

agency plans, review and approval of all statewide contracts for

software, hardware and information technology consulting services

and development of a statewide plan and its integration with the

budget process to ensure that developments or acquisitions are

consistent with statewide objectives and that proposed systems are

justified and cost effective;

9. Develop performance reporting guidelines for information

technology facilities and conduct an annual review to compare agency

plans and budgets with results and expenditures;

10. Establish operations review procedures for information

technology installations operated by agencies of the state for

independent assessment of productivity, efficiency, cost

effectiveness, and security;

11. Establish data center user charges for billing costs to

agencies based on the use of all resources;

12. Provide system development and consultant support to state

agencies on a contractual, cost reimbursement basis; and

13. In conjunction with the Oklahoma Office of Homeland

Security, enforce the minimum information security and internal

control standards established by the Information Services Division.

An enforcement team consisting of the Chief Information Officer of

the Information Services Division or a designee, a representative of

the Oklahoma Office of Homeland Security, and a representative of

the Oklahoma State Bureau of Investigation shall enforce the minimum

information security and internal control standards. If the

enforcement team determines that an agency is not in compliance with

the minimum information security and internal control standards, the

Chief Information Officer shall take immediate action to mitigate

the noncompliance including the removal of the agency from the

infrastructure of the state until the agency becomes compliant,

taking control of the information technology function of the agency

until the agency is compliant, and transferring the administration

and management of the information technology function of the agency

to the Information Services Division or another state agency.

B. No agency of the executive branch of the state shall use

state funds for or enter into any agreement for the acquisition of

any category of computer hardware, software or any contract for

information technology or telecommunication services and equipment,

service costs, maintenance costs, or any other costs or fees

associated with the acquisition of the services or equipment,

Oklahoma Statutes - Title 62. Public Finance

without written authorization of the Chief Information Officer or a

designee except the following:

1. A purchase less than or equal to Five Thousand Dollars

($5,000.00) if such product is purchased using a state purchase card

and the product is listed on either the Approved Hardware or

Approved Software list located on the Office of Management and

Enterprise Services website;

2. A purchase over Five Thousand Dollars ($5,000.00) and less

than or equal to Twenty-five Thousand Dollars ($25,000.00) if such

product is purchased using a state purchase card, the product is

listed on an information technology or telecommunications statewide

contract, and the product is listed on either the Approved Hardware

or Approved Software list located on the Office of Management and

Enterprise Services website; or

3. A purchase of computer hardware or software or any services

related to software development, software modifications, or any

other services related to the operation and maintenance of computer

hardware and software or both independently that is made by the

Military Department of the State of Oklahoma.

If written authorization is not obtained prior to incurring an

expenditure or entering into any agreement as required in this

subsection or as required in Section 35.4 of this title, the Office

of Management and Enterprise Services may not process any claim

associated with the expenditure and the provisions of any agreement

shall not be enforceable. The provisions of this subsection shall

not be applicable to any member of The Oklahoma State System of

Higher Education, any public elementary or secondary schools of the

state, any technology center school district as defined in Section

14-108 of Title 70 of the Oklahoma Statutes, or CompSource Mutual

Insurance Company.

C. The Chief Information Officer and Information Services

Division of the Office of Management and Enterprise Services and all

agencies of the executive branch of the state shall not be required

to disclose, directly or indirectly, any information of a state

agency which is declared to be confidential or privileged by state

or federal statute or the disclosure of which is restricted by

agreement with the United States or one of its agencies, nor

disclose information technology system details that may permit the

access to confidential information or any information affecting

personal security, personal identity, or physical security of state

assets.

Added by Laws 1984, c. 290, § 2, operative July 1, 1984. Amended by

Laws 1992, c. 268, § 5, eff. Sept. 1, 1992; Laws 2001, c. 33, § 51,

eff. July 1, 2001; Laws 2005, c. 391, § 1, eff. July 1, 2005; Laws

2006, c. 266, § 1, eff. July 1, 2006. Renumbered from § 41.5a of

this title by Laws 2009, c. 441, § 64, eff. July 1, 2009. Amended

by Laws 2009, c. 451, § 4, eff. April 5, 2010; Laws 2010, c. 2, §

Oklahoma Statutes - Title 62. Public Finance

34, eff. April 5, 2010; Laws 2011, c. 296, § 11; Laws 2012, c. 292,

§ 2; Laws 2013, c. 15, § 58, emerg. eff. April 8, 2013; Laws 2013,

c. 358, § 11, eff. July 1, 2013; Laws 2017, c. 384, § 3, eff. July

1, 2017; Laws 2022, c. 74, § 2, eff. Nov. 1, 2022.

NOTE: Laws 2009, c. 454, § 7 repealed by Laws 2010, c. 2, § 35,

eff. April 5, 2010. Laws 2012, c. 304, § 345 repealed by Laws 2013,

c. 15, § 59, emerg. eff. April 8, 2013.

NOTE: Laws 2009, c. 451, § 26, provides: "The provisions of

Sections 3 through 15, 17 through 20, 22 and 23 of this act shall be

effective and shall become operative on the effective date of the

appointment of the first Chief Information Officer by the Governor

as provided for in Section 2 of this act." The first Chief

Information Officer was appointed by the Governor on April 5, 2010.

NOTE: Laws 2010, c. 2, § 106, provides: "The provisions of Sections

32 through 43 and Sections 96 and 97 of this act shall be effective

and shall become operative on the effective date of the appointment

of the first Chief Information Officer by the Governor as provided

in Section 34.11.1 of Title 62 of the Oklahoma Statutes." The first

Chief Information Officer was appointed by the Governor on April 5,

2010.

§62-34.12.1. High technology systems and upgrades and enhancements.

A. No state agency shall enter into a contract for the

acquisition of a high technology system unless the vendors proposing

to supply the acquisition:

1. Provide documentation of the projected schedule of

recommended or required upgrades or improvements to the high

technology system over a projected three-year period following the

targeted purchase date; or

2. Provide documentation that no recommended or required

upgrades or improvements to the high technology system are planned

over a projected three-year period following the targeted purchase

date.

For purposes of this subsection, vendors shall provide

documentation required for all entities which will be utilized in

satisfying any phase.

B. No state agency shall enter into a contract for the

acquisition of an upgrade or enhancement to a high technology system

unless:

1. The vendor agrees to provide the acquisition at no charge to

the state;

2. The vendor previously agreed in a contract to provide the

acquisition at no additional charge to the state;

3. The state agency obtains from the vendor proposing to supply

the acquisition documentation that any required or recommended

upgrade will enhance or is necessary for the performance of the

state agency duties and responsibilities; or

Oklahoma Statutes - Title 62. Public Finance

4. The vendor provides documentation that the vendor will no

longer supply assistance to the state agency for the purpose of

maintenance of the high technology system and the state agency

documents that the functions performed by the high technology system

are necessary for the performance of the state agency duties and

responsibilities.

C. The Chief Information Officer or the procurement officer of

state agencies not subject to The Oklahoma Central Purchasing Act

shall not process any state agency request for a high technology

system acquisition unless the proposed vendor provides documentation

that complies with subsections A or B of this section.

D. The Chief Information Officer shall provide such advice and

assistance as may be required in order for state agencies to comply

with the provisions of this section. For purposes of this section,

"state agency" shall include all state agencies, whether or not the

agency is subject to The Oklahoma Central Purchasing Act or any

other law related to procurement of goods and services.

Added by Laws 1998, c. 371, § 6, eff. Nov. 1, 1998. Amended by Laws

2013, c. 358, § 28, eff. July 1, 2013. Renumbered from § 85.7c of

Title 74 by Laws 2013, c. 358, § 34, eff. July 1, 2013.