AR
Arkansas House Bill HB1647

Arkansas 2025 Regular Session

Arkansas House Bill HB1647 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 412 of the Regular Session
32 *LGL092* 03/03/2025 2:12:47 PM LGL092
43 State of Arkansas 1
54 95th General Assembly A Bill 2
65 Regular Session, 2025 HOUSE BILL 1647 3
76 4
87 By: Representative S. Meeks 5
98 By: Senator J. Bryant 6
109 7
1110 For An Act To Be Entitled 8
1211 AN ACT TO AMEND THE LAW CONCERNING THE DIVISION OF 9
1312 INFORMATION SYSTEMS; TO CHANGE THE NAME OF THE 10
1413 DIVISION OF INFORMATION SYSTEMS; TO DECLARE AN 11
1514 EMERGENCY; AND FOR OTHER PURPOSES. 12
1615 13
1716 14
1817 Subtitle 15
1918 TO AMEND THE LAW CONCERNING THE DIVISION 16
2019 OF INFORMATION SYSTEMS; TO CHANGE THE 17
2120 NAME OF THE DIVISION OF INFORMATION 18
2221 SYSTEMS; AND TO DECLARE AN EMERGENCY. 19
2322 20
2423 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
2524 22
2625 SECTION 1. Arkansas Code § 6 -11-128(b)(1), concerning definitions 23
2726 pertaining to the Arkansas Public School Computer Network, is amended to read 24
2827 as follows: 25
2928 (1) Periodically conducting a thorough security review and 26
3029 security risk assessment for all information, including without limitation 27
3130 personally identifiable employee and student information, that originates in 28
3231 the school districts and terminates on the Division of Information Systems 29
3332 Office of State Technology and Arkansas Public School Computer Network 30
3433 servers; 31
3534 32
3635 SECTION 2. Arkansas Code § 6 -21-112(h), concerning the Division of 33
3736 Public School Academic Facilities and Transportation, is amended to read as 34
3837 follows: 35
3938 (h) The Division of Elementary and Secondary Education shall 36 HB1647
4039
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4241 coordinate and share certain administrative, custodial, legal, internal 1
4342 finance, and other necessary personnel and responsibilities to effectuate the 2
4443 daily operations of the Division of Public School Academic Facilities and 3
4544 Transportation and the Division of Information Systems Office of State 4
4645 Technology. 5
4746 6
4847 SECTION 3. Arkansas Code § 6 -47-502(b)(3), concerning distance 7
4948 learning grants of the Division of Elementary and Secondary Education, is 8
5049 amended to read as follows: 9
5150 (3) The distance learning technical protocol or protocols shall 10
5251 be in alignment with technical standards set by the Director of the Division 11
5352 of Information Systems Office of State Technology . 12
5453 13
5554 SECTION 4. Arkansas Code § 6 -60-1302(b)(4), concerning entities the 14
5655 Division of Higher Education shall work with to collect and compile 15
5756 information, is amended to read as follows: 16
5857 (4) The Division of Information Systems Office of State 17
5958 Technology; and 18
6059 19
6160 SECTION 5. Arkansas Code § 7 -9-124(b), concerning the voter 20
6261 registration signature imaging system, is amended to read as follows: 21
6362 (b) The Division of Information Systems Office of State Technology 22
6463 shall cooperate with and assist the Secretary of State in determining the 23
6564 computer equipment and software needed in the office of the Secretary of 24
6665 State for the voter registration signature imaging system. 25
6766 26
6867 SECTION 6. Arkansas Code § 10 -3-1704(c), concerning the duties of the 27
6968 Joint Committee on Advanced Communications and Information Technology, is 28
7069 amended to read as follows: 29
7170 (c) The Joint Committee on Advanced Communications and Information 30
7271 Technology shall exercise appropriate legislative oversight of the operations 31
7372 of the Division of Information Systems Office of State Technology . 32
7473 33
7574 SECTION 7. Arkansas Code § 10 -3-1705 is amended to read as follows: 34
7675 10-3-1705. Duties of joint standing committee. 35
7776 Bills pertaining to the Division of Information Systems Office of State 36 HB1647
7877
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8079 Technology, advanced communications and information technology, telemedicine, 1
8180 distance learning, or public information access shall be referred to the 2
8281 Joint Committee on Advanced Communications and Information Technology or the 3
8382 Committee on Advanced Communications and Information Technology, as 4
8483 appropriate. 5
8584 6
8685 SECTION 8. Arkansas Code § 10 -3-1707(c), concerning interim committee 7
8786 meetings, is amended to read as follows: 8
8887 (c) All other appropriate state agencies, including, but not limited 9
8988 to, the Division of Information Systems Office of State Technology , the 10
9089 Arkansas Economic Development Commission, and public colleges and 11
9190 universities in the State of Arkansas, shall be available to assist the Joint 12
9291 Committee on Advanced Communications and Information Technology on advanced 13
9392 communications and information technology matters as may be requested by the 14
9493 Joint Committee on Advanced Communications and Information Technology. 15
9594 16
9695 SECTION 9. Arkansas Code § 10 -4-424(c), concerning the audit of 17
9796 information systems operations, is amended to read as follows: 18
9897 (c) The Division of Information Systems Office of State Technology , 19
9998 its successor agency, or other entities of the state or political 20
10099 subdivisions of the state that provide internet, network, or other computer 21
101100 services or information to an entity of the state or a political subdivision 22
102101 of the state shall provide access to all data, support, or other necessary 23
103102 information services to Arkansas Legislative Audit in connection with their 24
104103 functions at no cost to Arkansas Legislative Audit. 25
105104 26
106105 SECTION 10. Arkansas Code § 12 -1-104(a)(2), concerning the bail 27
107106 reporting system of the Arkansas Crime Information Center, is amended to read 28
108107 as follows: 29
109108 (2) To facilitate the administration of the portal required under 30
110109 subdivision (a)(1) of this section, the Arkansas Crime Information Center may 31
111110 seek the assistance of the Division of Information Systems Office of State 32
112111 Technology or enter into a contract for technical database and data 33
113112 processing services. 34
114113 35
115114 SECTION 11. Arkansas Code § 12 -75-111(d)(4), concerning the powers and 36 HB1647
116115
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118117 duties of the Division of Emergency Management, is amended to read as 1
119118 follows: 2
120119 (4) The Division of Emergency Management may request the 3
121120 assistance of the Division of Information Systems Office of State Technology 4
122121 in reviewing technology -related emergency operation plans. 5
123122 6
124123 SECTION 12. Arkansas Code § 12 -75-132(b)(18), concerning the 7
125124 representatives of the Arkansas Homeland Security Advisory Group, is amended 8
126125 to read as follows: 9
127126 (18) Division of Information Systems Office of State Technology ; 10
128127 11
129128 SECTION 13. Arkansas Code § 15 -21-502(10), concerning definitions 12
130129 pertaining to the Arkansas Geographic Information Systems Board, is amended 13
131130 to read as follows: 14
132131 (10) “State Chief Technology Officer” means the Director of the 15
133132 Division of Information Systems Office of State Technology ; 16
134133 17
135134 SECTION 14. Arkansas Code § 15 -55-213 is amended to read as follows: 18
136135 15-55-213. Access to information. 19
137136 The Office of the State Geologist and the Division of Information 20
138137 Systems Office of State Technology shall grant access to and provide 21
139138 information determined by the Commissioner of State Lands to be necessary to 22
140139 successfully accomplish the Commissioner of State Lands' mission. 23
141140 24
142141 SECTION 15. Arkansas Code § 16 -93-214(b)(3), concerning the mobile 25
143142 application concerning inmates and parolees, the Safe Arkansas App, is 26
144143 amended to read as follows: 27
145144 (3) To facilitate the administration of the mobile application 28
146145 required under subdivision (b)(1) of this section, the board may seek the 29
147146 assistance of the Division of Information Systems Office of State Technology 30
148147 of the Department of Transformation and Shared Services or enter into a 31
149148 contract for technical database and data processing services. 32
150149 33
151150 SECTION 16. Arkansas Code § 19 -4-522(c)(1), concerning the maintenance 34
152151 and general operation of the financial management system, is amended to read 35
153152 as follows: 36 HB1647
154153
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156155 (1) In the event the amount of any of the budget classifications 1
157156 of maintenance and general operation in an agency's appropriation act are 2
158157 found by the administrative head of the agency to be inadequate, then the 3
159158 agency head may request, upon forms provided for such purpose by the Chief 4
160159 Fiscal Officer of the State, a modification of the amounts of the budget 5
161160 classification. In that event, he or she shall set out on the forms the 6
162161 particular classifications for which he or she is requesting an increase or 7
163162 decrease, the amounts thereof, and his or her reasons therefor. In no event 8
164163 shall the total amount of the budget exceed either the amount of the 9
165164 appropriation or the amount of the funds available, nor shall any transfer be 10
166165 made from the capital outlay or data processing subclassification unless 11
167166 specific authority for such transfers is provided by law, except for 12
168167 transfers from capital outlay to data processing when determined by the 13
169168 Division of Information Systems Office of State Technology that data 14
170169 processing services for a state agency can be performed on a more cost -15
171170 efficient basis by the division office than through the purchase of data 16
172171 processing equipment by that state agency; 17
173172 18
174173 SECTION 17. Arkansas Code § 19 -5-1055 is amended to read as follows: 19
175174 19-5-1055. Division of Information Systems Office of State Technology 20
176175 Revolving Fund. 21
177176 (a) There is established on the books of the Treasurer of State, the 22
178177 Auditor of State, and the Chief Fiscal Officer of the State a fund to be 23
179178 known as the “Division of Information Systems Office of State Technology 24
180179 Revolving Fund”. 25
181180 (b)(1) The fund shall consist of nonrevenue receipts derived from 26
182181 services provided to various agencies of the federal, state, city, and county 27
183182 governments, and any other moneys which may be provided by law. 28
184183 (2) The fund shall be used for the maintenance, operation, and 29
185184 improvement of the Division of Information Systems Office of State Technology 30
186185 as set out in the Arkansas Information Systems Act of 1997, § 25 -4-101 et 31
187186 seq. 32
188187 33
189188 SECTION 18. Arkansas Code § 19 -5-1056(b)(1), concerning the 34
190189 Information Technology Reserve Fund, is amended to read as follows: 35
191190 (b)(1) The Information Technology Reserve Fund shall consist of those 36 HB1647
192191
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194193 funds transferred from the Division of Information Systems Office of State 1
195194 Technology Revolving Fund in an amount up to the authorized reserve for 2
196195 equipment acquisition as certified by the Chief Fiscal Officer of the State 3
197196 within thirty (30) days following the closing of each fiscal year, any loans 4
198197 which may be received from the Budget Stabilization Trust Fund, and any other 5
199198 moneys which may be provided by law. 6
200199 7
201200 SECTION 19. Arkansas Code § 19 -11-1004(e)(2), concerning restrictions 8
202201 on professional and consultant services contracts, is amended to read as 9
203202 follows: 10
204203 (2) However, the Division of Information Systems Office of State 11
205204 Technology may employ persons over whom they exercise day -to-day managerial 12
206205 control for those services under § 25 -4-112 for which professional services 13
207206 contracts may be used. 14
208207 15
209208 SECTION 20. Arkansas Code § 20 -8-404 is amended to read as follows: 16
210209 20-8-404. Rules. 17
211210 The Division of Information Systems Office of State Technology , 18
212211 Department of Finance and Administration, Department of Health, Department of 19
213212 Human Services, State Insurance Department, and all other appropriate 20
214213 departments, agencies, subcontractors, and officers shall promulgate rules to 21
215214 implement this subchapter. 22
216215 23
217216 SECTION 21. Arkansas Code § 21 -2-805(a)(1)(C), concerning the members 24
218217 of the Arkansas Cyber Response Board, is amended to read as follows: 25
219218 (C) The Director of the Division of Information Systems 26
220219 Office of State Technology or his or her designee; 27
221220 28
222221 SECTION 22. Arkansas Code § 23 -17-409(b)(4), concerning the 29
223222 authorization of competing local exchange carriers under the 30
224223 Telecommunications Regulatory Reform Act of 2013, is amended to read as 31
225224 follows: 32
226225 (4) A government entity may purchase voice, data, broadband, 33
227226 video, or wireless telecommunications services, directly or indirectly, from 34
228227 a private provider through a contract administered and services managed by 35
229228 the Division of Information Systems Office of State Technology under the 36 HB1647
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232231 Arkansas Information Systems Act of 1997, § 25 -4-101 et seq. 1
233232 2
234233 SECTION 23. Arkansas Code § 25 -1-203(b)(2), concerning the 3
235234 distribution of certain publications on state agency websites, is amended to 4
236235 read as follows: 5
237236 (2) The Division of Information Systems Office of State 6
238237 Technology shall assist those state agencies requesting assistance in placing 7
239238 publications on the state agency's website. 8
240239 9
241240 SECTION 24. Arkansas Code § 25 -4-102 is amended to read as follows: 10
242241 25-4-102. Legislative findings and declaration of intent. 11
243242 (a) The General Assembly finds and declares information and 12
244243 information resources to be strategic assets of the State of Arkansas and 13
245244 that procedures must be established to ensure that: 14
246245 (1) Information resources are used in an efficient manner; 15
247246 (2) Resources of the Division of Information Systems Office of 16
248247 State Technology are used unless an exception is authorized; 17
249248 (3) Information is administered and shared, consistent with 18
250249 requirements for security, privacy, and confidentiality; 19
251250 (4) Information technology acquisitions meet state needs and are 20
252251 consistent with coordinated efforts to maximize standardization and cost 21
253252 effectiveness; 22
254253 (5) State officials have timely access to information in useful 23
255254 forms; and 24
256255 (6) The division office complies with applicable state and 25
257256 federal statutory and regulatory provisions. 26
258257 (b) The General Assembly further declares its intent to create a state 27
259258 agency division office to: 28
260259 (1) Provide design and management services for the state's core 29
261260 information technology infrastructures; 30
262261 (2) Provide information technology services; 31
263262 (3) Implement appropriate technologies to exchange and share 32
264263 information; and 33
265264 (4) Develop technical standards and specifications and provide 34
266265 technical leadership and guidance to support the state's enterprise 35
267266 architecture. 36 HB1647
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270269 (c) It is also the intent of the General Assembly that the division 1
271270 office achieve certain objectives that will better support information 2
272271 technology utilization by other state agencies. These objectives are to: 3
273272 (1) Implement increased capabilities for communication and 4
274273 exchange of information; and 5
275274 (2) Develop and publish mechanisms for more timely acquisition 6
276275 of information technology. 7
277276 (d)(1) The General Assembly further finds and determines that: 8
278277 (A) Information technology services are readily available 9
279278 in the private sector; 10
280279 (B) The public interest would be well served by 11
281280 competition for the provision of such services to the state; 12
282281 (C) Public-private partnerships or joint ventures for the 13
283282 provision of such services may be appropriate in certain instances; and 14
284283 (D) Emphasis will be given to encouraging and enabling 15
285284 competition among: suppliers of such services whenever possible in the 16
286285 administration of this chapter. 17
287286 (i) Suppliers of such services whenever possible in 18
288287 the administration of this chapter; and 19
289288 (ii) Women-owned and minority-owned suppliers of such 20
290289 services whenever possible in the administration of this chapter. 21
291290 (2) The division office shall consider in the development of the 22
292291 division office plan and the Joint Committee on Advanced Communications and 23
293292 Information Technology shall emphasize in its recommendations and policies 24
294293 the availability in the private sector of information technology resources 25
295294 upon a competitive bid basis with a view to assuring the state of the highest 26
296295 reasonable quality of resources at the lowest reasonable cost. 27
297296 (e)(1) In exercising its authority under § 25 -4-105, the division 28
298297 office shall competitively procure information technology except as provided 29
299298 in this subsection. 30
300299 (2) The division office is not authorized by § 25 -4-105 to 31
301300 provide information technology services, including telecommunications and 32
302301 broadband services, to the general public, other than nongovernmental first 33
303302 responder entities, in competition with private sector telecommunications and 34
304303 cable communications providers. 35
305304 (3) Customers of the division office are not authorized to use 36 HB1647
306305
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308307 information technology facilities and services provided by the division 1
309308 office to provide telecommunications and broadband services to the general 2
310309 public in competition with private sector telecommunications and cable 3
311310 communications providers. 4
312311 5
313312 SECTION 25. Arkansas Code § 25 -4-103(15), concerning definitions 6
314313 pertaining to the Division of Information Systems, is amended to read as 7
315314 follows: 8
316315 (15) “State Chief Technology Officer” means the Director of the 9
317316 Division of Information Systems Office of State Technology ; 10
318317 11
319318 SECTION 26. Arkansas Code § 25 -4-104 is amended to read as follows: 12
320319 25-4-104. Division of Information Systems Office of State Technology . 13
321320 (a) There is established within the Department of Transformation and 14
322321 Shared Services the Division of Information Systems Office of State 15
323322 Technology. 16
324323 (b)(1) The Division of Information Systems Office of State Technology 17
325324 shall be headed by a director to be appointed by the Governor, subject to 18
326325 confirmation by the Senate in the manner provided by law, and shall serve at 19
327326 the pleasure of the Governor. 20
328327 (2) The director shall be a person who, by education and 21
329328 training, has technical knowledge and management experience in information 22
330329 technology-related equipment, systems, and services. 23
331330 (3) The director shall qualify by filing the oath of office 24
332331 required in the Arkansas Constitution with the Secretary of State. 25
333332 (c) The director, in consultation with the Secretary of the Department 26
334333 of Transformation and Shared Services, may establish divisions and the 27
335334 organizational structure deemed necessary and appropriate for the efficient 28
336335 performance of the duties imposed under the provisions of this chapter, 29
337336 provided the organizational structure of the division office shall conform to 30
338337 the positions authorized and limitations provided therefor in the biennial 31
339338 appropriation of the division office. 32
340339 (d) The director, in consultation with the Secretary of the Department 33
341340 of Transformation and Shared Services, shall appoint the deputy and division 34
342341 office directors and the professional, technical, and clerical assistants and 35
343342 employees as necessary to perform the duties imposed by this chapter. All 36 HB1647
344343
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346345 employees of the division office shall be employed by the department and 1
347346 serve at the pleasure of the Secretary of the Department of Transformation 2
348347 and Shared Services. 3
349348 (e) The director shall report to the Secretary of the Department of 4
350349 Transformation and Shared Services any matters relating to abuses of this 5
351350 chapter. 6
352351 (f) The director shall recommend statutory changes to the Secretary of 7
353352 the Department of Transformation and Shared Services. 8
354353 9
355354 SECTION 27. Arkansas Code § 25 -4-105 is amended to read as follows: 10
356355 25-4-105. Division of Information Systems Office of State Technology — 11
357356 General powers and duties. 12
358357 (a)(1) The Division of Information Systems Office of State Technology 13
359358 shall be vested with all the powers and duties necessary to administer the 14
360359 division Office of State Technology and to enable it to carry out fully and 15
361360 effectively the rules and laws relating to the division Office of State 16
362361 Technology. 17
363362 (2) The division's Office of State Technology's powers and 18
364363 duties relate to information technology and include without limitation: 19
365364 (A) Conceptualizing, designing, developing, building, and 20
366365 maintaining common information technology infrastructure elements used by 21
367366 state agencies and governmental entities; 22
368367 (B) Providing information technology services to state 23
369368 agencies, other governmental entities, nongovernmental first responder 24
370369 entities, and other quasi -governmental entities; 25
371370 (C) Entering into contracts with state agencies, other 26
372371 governmental entities, and nongovernmental first responder entities for the 27
373372 purpose of providing information technology services; 28
374373 (D)(i) Establishing fair and reasonable schedules of rates 29
375374 or fees to be paid by customers that are provided service to enable the 30
376375 division Office of State Technology to recover all allowable costs of 31
377376 providing the services as provided in this chapter. 32
378377 (ii) The same rate or fee structure will apply to all 33
379378 customers receiving services; 34
380379 (E)(i) Establishing estimated billing rates to be 35
381380 developed for a period to coincide with the budgeting process. 36 HB1647
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384383 (ii) The division Office of State Technology shall 1
385384 have the authority to adjust billing as necessary to effect compliance with 2
386385 applicable state and federal statutory and regulatory provisions. 3
387386 (iii) Billing adjustments shall be subject to the 4
388387 approval of the Chief Fiscal Officer of the State and review by the 5
389388 Legislative Council; 6
390389 (F) Acquiring information technology on behalf of state 7
391390 agencies, the cost of which shall be recovered through customer billings or 8
392391 through direct funding; 9
393392 (G) Promulgating rules that are necessary for efficient 10
394393 administration and enforcement of the powers, functions, and duties of the 11
395394 division Office of State Technology as provided in this chapter; 12
396395 (H) Developing a division plan for the Office of State 13
397396 Technology to support the goals and objectives set forth for it in the state 14
398397 information technology plans and strategies; 15
399398 (I) Implementing systems to ensure the security of state 16
400399 data and state data processing assets, to provide for disaster recovery and 17
401400 continuity of operations to the state agencies served, and to recover its 18
402401 costs from the customers benefited; 19
403402 (J) Performing any additional powers, functions, and 20
404403 duties that are necessary and appropriate for the proper administration of 21
405404 the provisions of this chapter; 22
406405 (K) Providing a State Cyber Security Office to monitor 23
407406 information resource security issues, coordinating all security measures that 24
408407 could be used to protect resources by more than one (1) governmental entity, 25
409408 and acting as an information technology resource to other state agencies; 26
410409 (L) Assisting in the development of an information 27
411410 technology security policy for state agencies; 28
412411 (M) Developing the information technology security policy 29
413412 for state agencies; 30
414413 (N) Advising agencies in acquiring information technology 31
415414 service; 32
416415 (O) Developing the information technology policies, 33
417416 standards, and specifications for state agencies and ensuring agencies' 34
418417 compliance with those policies, procedures, and standards; 35
419418 (P) Participating in the development of information 36 HB1647
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422421 technology state contracts, including without limitation the identification 1
423422 of requirements, contract negotiation, and vendor evaluation; 2
424423 (Q) With respect to their technology functions and 3
425424 applications, all state departments, boards, commissions, and public 4
426425 institutions of higher education, consulting and cooperating with the 5
427426 division Office of State Technology in the formation and implementation of 6
428427 security policies for the state core information technology infrastructure; 7
429428 (R) Developing a state information technology plan that 8
430429 shall establish a state -level mission, goals, and objectives for the use of 9
431430 information technology; 10
432431 (S) Identifying and establishing information technology 11
433432 solutions that can support more than one (1) agency in providing governmental 12
434433 services; 13
435434 (T) Advising agencies regarding information technology 14
436435 contracts and agreements; 15
437436 (U) Developing policies to promote and facilitate 16
438437 electronic access to government information and interoperability of 17
439438 information systems; and 18
440439 (V) Reviewing and approving agencies' information 19
441440 technology plans and requests. 20
442441 (b) This chapter shall not be construed to deprive, transfer, limit, 21
443442 or in any way alter or change any of the powers vested in the board of 22
444443 trustees of any institution of higher education under existing constitutional 23
445444 and statutory provisions. 24
446445 25
447446 SECTION 28. Arkansas Code § 25 -4-106 is amended to read as follows: 26
448447 25-4-106. Reporting requirements. 27
449448 (a)(1) The Director of the Division of Information Systems Office of 28
450449 State Technology will report periodically to the Joint Committee on Advanced 29
451450 Communications and Information Technology regarding the status of the 30
452451 Division of Information Systems' Office of State Technology's information 31
453452 technology responsibilities in state government. 32
454453 (2) The director may report any factors that are outside the 33
455454 scope of the division office but are deemed to inhibit or to promote the 34
456455 division's office's responsibilities. 35
457456 (b)(1) By October 31, January 31, April 30, and July 31 of each fiscal 36 HB1647
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460459 year, the director shall compile and submit a report to the: 1
461460 (A) Legislative Council, if submitted between regular 2
462461 sessions of the General Assembly; 3
463462 (B) Joint Budget Committee, if submitted during a session 4
464463 of the General Assembly; and 5
465464 (C) Joint Committee on Advanced Communications and 6
466465 Information Technology. 7
467466 (2) The report shall: 8
468467 (A) Detail all requests from state agencies, boards, and 9
469468 commissions for advice regarding information technology planning, 10
470469 implementation, installation, rates or fees, utilization of products, 11
471470 services, and integrations or upgrades to be added to all existing technology 12
472471 plans; and 13
473472 (B) Provide a full report of all corresponding 14
474473 recommendations made by the division office to the requesting state agencies, 15
475474 boards, and commissions. 16
476475 (3) The report shall include: 17
477476 (A) The name of the state agency, board, or commission 18
478477 requesting the advice; 19
479478 (B) The name and scope of the project for which advice is 20
480479 being sought; 21
481480 (C) The type of advice sought, for example, technical, 22
482481 product or service utilization, planning, implementation, installation, 23
483482 integration, or upgrades; 24
484483 (D) A detailed explanation of all recommendations provided 25
485484 by the division office; 26
486485 (E) How the recommendation fits into the information 27
487486 technology plan of the agency, board, or commission; 28
488487 (F) How the recommendation fits into the state's 29
489488 information technology plan and state enterprise architecture; and 30
490489 (G) Other information as may be useful for policy making 31
491490 decisions by the Legislative Council or the Joint Committee on Advanced 32
492491 Communications and Information Technology. 33
493492 34
494493 SECTION 29. Arkansas Code § 25 -4-108(a), concerning the working groups 35
495494 of the Division of Information Systems, is amended to read as follows: 36 HB1647
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498497 (a) The Director of the Division of Information Systems Office of 1
499498 State Technology may appoint working groups as necessary for specific 2
500499 purposes related to information technology coordination. 3
501500 4
502501 SECTION 30. Arkansas Code § 25 -4-109 is amended to read as follows: 5
503502 25-4-109. Information technology centers. 6
504503 (a) The Division of Information Systems Office of State Technology is 7
505504 authorized to establish, maintain, and operate information technology centers 8
506505 and, in connection therewith, to rent, purchase, install, operate, and 9
507506 maintain information technology for state agencies as authorized in this 10
508507 chapter. 11
509508 (b) The division office is authorized to enter into contracts or 12
510509 agreements with state agencies for the purpose of providing information 13
511510 technology. 14
512511 (c) State agencies are authorized to enter into any contracts with the 15
513512 division office or its successor that may be necessary or desirable to 16
514513 effectuate the purposes and policies of this chapter or for maximum 17
515514 utilization of facilities and services that are the subject of this chapter. 18
516515 (d) Agencies shall use the core information technology infrastructure. 19
517516 (e) The division office is authorized to enter into agreements and 20
518517 contracts with public utilities for telecommunications service. 21
519518 (f) The information technology centers operated by the division office 22
520519 shall be made available to all state agencies that fall within economical and 23
521520 feasible boundaries. 24
522521 (g) Agencies shall use project management for designated activities 25
523522 defined as a project. 26
524523 27
525524 SECTION 31. Arkansas Code § 25 -4-110 is amended to read as follows: 28
526525 25-4-110. Information technology — Planning. 29
527526 (a) The Division of Information Systems Office of State Technology 30
528527 shall submit status reports annually or when requested to the Joint Committee 31
529528 on Advanced Communications and Information Technology. 32
530529 (b)(1) Each state agency shall develop a biennial information 33
531530 technology plan that establishes state agency goals, objectives, and policies 34
532531 regarding the development and use of information technology. 35
533532 (2)(A) Each state agency shall specifically include a policy 36 HB1647
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536535 regarding the use of the internet. 1
537536 (B) A statement of the agency's policy regarding the use 2
538537 of the internet shall include: 3
539538 (i) The penalties for violations of the agency's 4
540539 internet policy; 5
541540 (ii) The number of employees and computers that have 6
542541 access to the internet and the percentage of those employees and computers to 7
543542 the total number of employees and computers; 8
544543 (iii) The needs of the agency and how those needs 9
545544 relate to the use of the internet; and 10
546545 (iv) The responsibilities of the agency's employees 11
547546 as those responsibilities relate to the efficient and responsible use of the 12
548547 internet. 13
549548 (3) Plans may be updated by agencies in a timely manner to 14
550549 remain current and must accommodate changes in the evolving state information 15
551550 technology plan and standards. 16
552551 (c) The division office shall distribute criteria, elements, form, and 17
553552 format for agency plans. Plans may include, but not be limited to, the 18
554553 following: 19
555554 (1) A statement of the agency's mission, goals, and objectives 20
556555 for information technology; 21
557556 (2) Goals and objectives for achieving electronic access to 22
558557 agency records, information, and services; 23
559558 (3) Consideration of a variety of information technologies, 24
560559 including those that help transcend geographic locations, standard business 25
561560 hours, economic conditions of users, and disabilities; 26
562561 (4) Compliance with the Freedom of Information Act of 1967, § 27
563562 25-19-101 et seq.; 28
564563 (5) An explanation of how the state agency's mission, goals, and 29
565564 objectives for information technology support and conform to the state 30
566565 information technology plan developed by the division office; 31
567566 (6) An implementation strategy to include: 32
568567 (A) Annual implementation objectives of the plan; 33
569568 (B) Methods to educate both state employees and the public 34
570569 in the effective use of access technologies; and 35
571570 (C) Agency activities to increase electronic access to 36 HB1647
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574573 public records and information to be implemented within available resources 1
575574 and existing state agency planning processes; 2
576575 (7) Projects and resources required to meet the objectives of 3
577576 the plan; 4
578577 (8) Estimated schedules and funding required to implement 5
579578 identified projects; 6
580579 (9) An evaluation of the agency's performance relating to 7
581580 information technology; 8
582581 (10) An assessment of progress made toward implementing the 9
583582 agency information technology plan; 10
584583 (11) A discussion of progress toward electronic access to public 11
585584 information and enabling citizens to have two -way interaction for obtaining 12
586585 information and services from state agencies; and 13
587586 (12) An inventory of state agency information technology. 14
588587 (d)(1) Plans developed or updated shall be submitted to the division 15
589588 office. 16
590589 (2) The division office may reject, require modification to, or 17
591590 approve plans as deemed appropriate. 18
592591 (3) Plans shall be modified by the state agency as necessary. 19
593592 (e)(1) Plans developed or updated by public instrumentalities shall be 20
594593 submitted for review to the Joint Committee on Advanced Communications and 21
595594 Information Technology. 22
596595 (2) The Joint Committee on Advanced Communications and 23
597596 Information Technology may seek the assistance of the division office in 24
598597 conducting this review. 25
599598 (3) Plans shall be modified by the public instrumentality as 26
600599 necessary. 27
601600 28
602601 SECTION 32. The introductory language of Arkansas Code § 25 -4-111(b), 29
603602 concerning information technology prerequisites for state agencies, is 30
604603 amended to read as follows: 31
605604 (b) If an agency desires to acquire information technology not part of 32
606605 an information technology plan approved under § 25 -4-110, the requesting 33
607606 agency shall submit a waiver request to the Director of the Division of 34
608607 Information Systems Office of State Technology that includes: 35
609608 36 HB1647
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612611 SECTION 33. Arkansas Code § 25 -4-111(c)(4)(C), concerning information 1
613612 technology prerequisites for state agencies, is amended to read as follows: 2
614613 (C) Notify the agency of the availability of Division of 3
615614 Information Systems Office of State Technology facilities to provide the 4
616615 requested information technology; or 5
617616 6
618617 SECTION 34. Arkansas Code § 25 -4-112(b), concerning applications of 7
619618 information technology to educational institutions, is amended to read as 8
620619 follows: 9
621620 (b)(1) A state-supported institution of higher education, a post -10
622621 secondary vocational -technical school, an area vocational school, or a public 11
623622 school district may request technical assistance regarding information 12
624623 technology from the Division of Information Systems Office of State 13
625624 Technology. 14
626625 (2)(A) Assistance shall be provided by the division office free 15
627626 of charge within a reasonable period. 16
628627 (B) However, the requesting institution shall reimburse 17
629628 the division office for any actual expenses incurred while providing 18
630629 requested technical assistance. 19
631630 20
632631 SECTION 35. Arkansas Code § 25 -4-114(b), concerning contracts and 21
633632 agreements for information technology, is amended to read as follows: 22
634633 (b) A state agency shall submit to the Director of the Division of 23
635634 Information Systems Office of State Technology for review and approval a 24
636635 request for the state agency to enter into a technology contract or agreement 25
637636 that is not in compliance with the state enterprise architecture. 26
638637 27
639638 SECTION 36. Arkansas Code § 25 -4-115 is amended to read as follows: 28
640639 25-4-115. Professional services contracts between division office and 29
641640 outside vendors. 30
642641 (a)(1) In the event that, due to unforeseen circumstances, the 31
643642 Division of Information Systems Office of State Technology cannot provide 32
644643 sufficient information technology support to state agencies, the Director of 33
645644 the Division of Information Systems Office of State Technology is authorized 34
646645 to enter into professional services contracts for the necessary information 35
647646 technology support. 36 HB1647
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650649 (2) The division office may also consolidate information 1
651650 technology needs to satisfy state agency requests. 2
652651 (b)(1) The division office may utilize moneys appropriated for 3
653652 maintenance, operation, and payment of regular salaries of the division 4
654653 office for the purchase of professional services upon approval by the 5
655654 Secretary of the Department of Transformation and Shared Services. 6
656655 (2)(A) Provided, however, that before approving the use of 7
657656 moneys appropriated for payment of regular salaries of the division office 8
658657 for obtaining professional services, the secretary shall determine that 9
659658 resignations, vacancies in positions, or the inability to employ persons with 10
660659 technical skills to provide the professional services has necessitated that 11
661660 action. 12
662661 (B) In addition, the secretary shall obtain the approval 13
663662 of the Legislative Council or the Joint Budget Committee if the General 14
664663 Assembly is in session, before approving any transfer of regular salary 15
665664 appropriations to the maintenance and operation appropriation of a state 16
666665 agency to be used for payment of professional services. 17
667666 18
668667 SECTION 37. Arkansas Code § 25 -4-116(a), concerning payment for 19
669668 information technology, is amended to read as follows: 20
670669 (a) Before a state agency may enter into an agreement with the 21
671670 Division of Information Systems Office of State Technology for purchase of 22
672671 information technology, the agency shall certify that adequate appropriations 23
673672 and funds are available for purchasing information technology from the 24
674673 division office. 25
675674 26
676675 SECTION 38. Arkansas Code § 25 -4-116(b)(3), concerning payment for 27
677676 information technology, is amended to read as follows: 28
678677 (3) The transfers authorized in this chapter shall be made from 29
679678 time to time within the amounts authorized in the procedures set forth in 30
680679 this chapter, upon payment for information technology purchased from the 31
681680 division office. 32
682681 33
683682 SECTION 39. Arkansas Code § 25 -4-117 is amended to read as follows: 34
684683 25-4-117. Delinquent accounts. 35
685684 (a) For accounts that are thirty (30) days overdue and have no charges 36 HB1647
686685
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688687 contested by the user, the Division of Information Systems Office of State 1
689688 Technology may request the Chief Fiscal Officer of the State to transfer all 2
690689 or part of the overdue amount from the user's account to the division's 3
691690 office's revolving account. The Chief Fiscal Officer of the State shall 4
692691 transfer the amount within ten (10) working days. 5
693692 (b) For accounts that are sixty (60) days overdue and have charges 6
694693 being contested by the user, the division office may request the Chief Fiscal 7
695694 Officer of the State to transfer all or part of the overdue amount from the 8
696695 user's account to the division's office's revolving account. If the 9
697696 resolution of contested charges favors the user, the user may request the 10
698697 Chief Fiscal Officer of the State to transfer all or part of the overdue 11
699698 amount from the division's office's revolving account to the user's account. 12
700699 (c) The division office is authorized to discontinue information 13
701700 technology service to users who do not make a timely remittance of payment 14
702701 for services rendered and is specifically prohibited from providing services 15
703702 to state agencies lacking funds or sufficient appropriations to pay for the 16
704703 services. 17
705704 18
706705 SECTION 40. Arkansas Code § 25 -4-119 is amended to read as follows: 19
707706 25-4-119. Budget procedures. 20
708707 (a)(1) Prior to the commencement of budget hearings conducted by the 21
709708 Legislative Council, the Director of the Division of Information Systems 22
710709 Office of State Technology shall prepare an operating budget indicating the 23
711710 amount of money that will be required to operate the Division of Information 24
712711 Systems Office of State Technology each year of the succeeding biennium. 25
713712 (2) The director shall also provide cost information to users of 26
714713 information technology centers, and those who require new or expanded 27
715714 information technology shall be provided cost estimates for inclusion in 28
716715 their budget requests. 29
717716 (b)(1) When the General Assembly has completed the appropriation 30
718717 process, the director shall oversee budgetary planning for the division 31
719718 office for each fiscal year of the biennium. 32
720719 (2) The proposed annual operating budget shall be submitted to 33
721720 the Secretary of the Department of Transformation and Shared Services for his 34
722721 or her approval prior to the beginning of each fiscal year. 35
723722 (3)(A) During the course of the biennium, the director shall 36 HB1647
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726725 make certain that the expenditures of the division office do not exceed the 1
727726 income to be received by the division office for the current fiscal year. 2
728727 (B) Subject to the written approval of the Chief Fiscal 3
729728 Officer of the State upon the written application of the division office and 4
730729 review by the Legislative Council, in order to effect compliance with state 5
731730 and federal statutory and regulatory provisions: 6
732731 (i) The director shall adjust rates for services or 7
733732 issue billing adjustments as necessary; or 8
734733 (ii) Funds sufficient to effect compliance shall be 9
735734 provided to the division office. 10
736735 (4)(A) If rates charged to a customer are increased to ensure 11
737736 compliance with state and federal statutory and regulatory provisions under 12
738737 subdivision (b)(3) of this section, then the director shall promptly notify 13
739738 the Governor, the Joint Committee on Advanced Communications and Information 14
740739 Technology, and all state agencies and other customers before any changes 15
741740 shall be effected. 16
742741 (B) Rates shall be reviewed by the division office on no 17
743742 less than an annual basis in order to ensure compliance with state and 18
744743 federal statutory and regulatory provisions. 19
745744 (c) The quarterly allotment procedures applicable to state agencies, 20
746745 as defined by the General Accounting and Budgetary Procedures Law, § 19 -4-101 21
747746 et seq., shall be applicable to all appropriations funded directly through 22
748747 general revenue. 23
749748 24
750749 SECTION 41. Arkansas Code § 25 -4-120(c), concerning revisions to the 25
751750 budget, purchasing, and personnel process related to information technology, 26
752751 is amended to read as follows: 27
753752 (c) The Division of Information Systems Office of State Technology 28
754753 shall make recommendations regarding revisions to the state budget, 29
755754 purchasing, and personnel process related to information technology to the 30
756755 Legislative Council by March 1 of each even -numbered year. 31
757756 32
758757 SECTION 42. Arkansas Code § 25 -4-121 is amended to read as follows: 33
759758 25-4-121. Division of Information Systems Office of State Technology 34
760759 Revolving Fund. 35
761760 (a) There is created and established on the books of the Treasurer of 36 HB1647
762761
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764763 State, the Auditor of State, and the Department of Finance and Administration 1
765764 the Division of Information Systems Office of State Technology Revolving 2
766765 Fund. 3
767766 (b) The Division of Information Systems Office of State Technology 4
768767 Revolving Fund shall consist of nonrevenue receipts derived from services 5
769768 provided to various agencies of the federal, state, city, and county 6
770769 governments, and any other moneys which may be provided by law for credit to 7
771770 the Division of Information Systems Office of State Technology Revolving 8
772771 Fund. 9
773772 (c) All revenues received by the Division of Information Systems 10
774773 Office of State Technology for providing information technology services 11
775774 shall be deposited into the State Treasury as nonrevenue receipts, there to 12
776775 be used for the maintenance, operation, and improvement of the division 13
777776 office. 14
778777 (d) All revenues received from agencies or other governmental entities 15
779778 for information technology services provided by contracts between the 16
780779 division office and outside vendors may be deposited into the State Treasury 17
781780 as refund to expenditures. 18
782781 (e) Subject to the written approval of the Chief Fiscal Officer of the 19
783782 State upon written application of the division office and review by the 20
784783 Legislative Council, the Director of the Division of Information Systems 21
785784 Office of State Technology shall have the authority to transfer funds between 22
786785 the Information Technology Reserve Fund established by §§ 19 -5-1056 and 25-4-23
787786 123 and the Division of Information Systems Office of State Technology 24
788787 Revolving Fund established under this section for cash management purposes. 25
789788 26
790789 SECTION 43. Arkansas Code § 25 -4-122 is amended to read as follows: 27
791790 25-4-122. Reserve for equipment acquisition — Loans. 28
792791 (a)(1) The Division of Information Systems Office of State Technology 29
793792 is authorized to accumulate a reserve for equipment acquisition in an amount 30
794793 not to exceed the division's office's depreciation expense per fiscal year. 31
795794 (2)(A) In addition, the division office is authorized to obtain 32
796795 from the State Board of Finance loans from the Budget Stabilization Trust 33
797796 Fund to supplement the reserve if the reserve is insufficient to handle the 34
798797 total cost of required equipment acquisitions. 35
799798 (B) These loans and the reserve for equipment acquisition 36 HB1647
800799
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802801 shall be used exclusively for major equipment acquisitions or improvements of 1
803802 information technology required in order to fulfill the requirements for one 2
804803 (1) or more user agencies. 3
805804 (C) The loans from the Budget Stabilization Trust Fund to 4
806805 the Information Technology Reserve Fund shall be repaid within five (5) years 5
807806 from revenues derived from charges to users, and the annual loan repayment 6
808807 amount shall be computed as a part of the total yearly expenses of the 7
809808 division office and shall be charged proportionately to users. 8
810809 (b)(1)(A) However, before the board approves any requests for loans by 9
811810 the division office authorized in subdivision (a)(2) of this section, the 10
812811 requests shall be submitted to the Governor for his or her approval after the 11
813812 Governor has first obtained the advice of the Legislative Council in regard 12
814813 thereto. 13
815814 (B) After having obtained advice, the Governor may in 14
816815 writing approve or reject the request. 15
817816 (C) However, if the Legislative Council fails to give its 16
818817 written advice or opinion to the Governor within thirty (30) days after 17
819818 receiving notice of the request for loans, the Governor may proceed to act on 18
820819 the matter without the advice of the Legislative Council. 19
821820 (2) The board shall make no loans if the approval of the 20
822821 Governor has not been obtained therefor. 21
823822 (3) After obtaining the Governor's approval in writing, the 22
824823 board shall also review and may approve the loans and establish terms of 23
825824 repayment and a rate of interest to be paid by the Division of Information 24
826825 Systems Office of State Technology Revolving Fund to the Budget Stabilization 25
827826 Trust Fund. The rate shall be approximately equivalent to the rate of 26
828827 interest the board is receiving on other investments at the time of approving 27
829828 the loan request. 28
830829 29
831830 SECTION 44. Arkansas Code § 25 -4-123(b), concerning the Information 30
832831 Technology Reserve Fund, is amended to read as follows: 31
833832 (b) The Information Technology Reserve Fund shall consist of those 32
834833 funds transferred from the Division of Information Systems Office of State 33
835834 Technology Revolving Fund in an amount up to the authorized reserve for 34
836835 equipment acquisition as certified by the Chief Fiscal Officer of the State 35
837836 within thirty (30) days following the closing of each fiscal year, any loans 36 HB1647
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840839 which may be received from the Budget Stabilization Trust Fund, and any other 1
841840 moneys which may be provided by law, there to be used exclusively for major 2
842841 equipment acquisitions or improvements as set out in § 25 -4-122. 3
843842 4
844843 SECTION 45. Arkansas Code § 25 -4-124 is amended to read as follows: 5
845844 25-4-124. Yearly computation of expenses — Disposition of surplus 6
846845 funds. 7
847846 (a) Within sixty (60) days following the final closing entries for the 8
848847 consolidated annual financial report for each fiscal year, the Director of 9
849848 the Division of Information Systems Office of State Technology shall obtain 10
850849 from the Chief Fiscal Officer of the State the written approval of a plan 11
851850 that shall include a proposed methodology to make all appropriate adjustments 12
852851 to effect compliance with state and federal statutory and regulatory 13
853852 provisions for the fiscal year. 14
854853 (b)(1) If the plan under subsection (a) of this section requires 15
855854 appropriate credits or debits to customer accounts to effect compliance with 16
856855 state and federal statutory and regulatory provisions, the Division of 17
857856 Information Systems Office of State Technology shall make any adjustments 18
858857 within sixty (60) days after approval of the plan. 19
859858 (2) In the event that a customer no longer uses the services of 20
860859 the division office, a fund transfer in the amount of that customer's credits 21
861860 under the plan described in subsection (a) of this section shall be made from 22
862861 the Division of Information Systems Office of State Technology Revolving Fund 23
863862 to the customer's treasury fund, upon certification of the amount by the 24
864863 director to the Chief Fiscal Officer of the State and the Treasurer of State. 25
865864 In the event the customer does not have a treasury fund, a warrant shall be 26
866865 issued by the division office in payment of the customer's credit. 27
867866 (c) In the event that the customer has an unpaid account balance due 28
868867 the division office, the customer's credit shall be withheld until the 29
869868 account balance is satisfied. 30
870869 31
871870 SECTION 46. Arkansas Code § 25 -4-126(a), concerning the Chief Data 32
872871 Officer of the Division of Information Systems, is amended to read as 33
873872 follows: 34
874873 (a)(1) The Director of the Division of Information Systems Office of 35
875874 State Technology shall select an individual to serve as the Chief Data 36 HB1647
876875
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878877 Officer of the Division of Information Systems Office of State Technology and 1
879878 the Chief Privacy Officer of the Division of Information Systems Office of 2
880879 State Technology. 3
881880 (2) The Chief Data Officer of the Division of Information Systems 4
882881 Office of State Technology and the Chief Privacy Officer of the Division of 5
883882 Information Systems Office of State Technology shall not be the same person. 6
884883 7
885884 SECTION 47. The introductory language of Arkansas Code § 25 -4-126(b), 8
886885 concerning the Chief Data Officer of the Division of Information Systems, is 9
887886 amended to read as follows: 10
888887 (b) The Chief Data Officer of the Division of Information Systems 11
889888 Office of State Technology shall: 12
890889 13
891890 SECTION 48. The introductory language of Arkansas Code § 25 -4-126(c), 14
892891 concerning the Chief Privacy Officer of the Division of Information Systems, 15
893892 is amended to read as follows: 16
894893 (c) The Chief Privacy Officer of the Division of Information Systems 17
895894 Office of State Technology shall: 18
896895 19
897896 SECTION 49. Arkansas Code § 25 -4-127(b)(4) and (5), concerning the 20
898897 members of the Data and Transparency Panel, are amended to read as follows: 21
899898 (4)(A) The Chief Data Officer of the Division of Information 22
900899 Systems Office of State Technology . 23
901900 (B) The Chief Data Officer of the Division of Information 24
902901 Systems Office of State Technology shall be the Chair of the Data and 25
903902 Transparency Panel. 26
904903 (C) The members of the panel shall select a vice chair 27
905904 annually; 28
906905 (5) The Chief Privacy Officer of the Division of Information 29
907906 Systems Office of State Technology ; and 30
908907 31
909908 SECTION 50. Arkansas Code § 25 -4-127(c)(4), concerning the duties of 32
910909 the Data and Transparency Panel, is amended to read as follows: 33
911910 (4) Evaluate and identify data that may be provided to the 34
912911 public in accordance with data standards and specifications developed by the 35
913912 Division of Information Systems Office of State Technology ; 36 HB1647
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916915 1
917916 SECTION 51. Arkansas Code § 25 -4-127(c)(8)(B), concerning the duties 2
918917 of the Data and Transparency Panel, is amended to read as follows: 3
919918 (B) In implementation of the shared services data hub 4
920919 under subdivision (c)(8)(A) of this section, the Division of Information 5
921920 Systems Office of State Technology shall: 6
922921 (i)(a) Establish and maintain a program to collect, 7
923922 analyze, and exchange government information in carrying out the powers and 8
924923 duties of the executive state agency sharing the data. 9
925924 (b) In carrying out the program under 10
926925 subdivision (c)(8)(B)(i)(a) of this section, the Division of Information 11
927926 Systems Office of State Technology may obtain government information from 12
928927 each executive state agency; 13
929928 (ii) Establish and maintain a program to make 14
930929 government information available to executive state agencies, political 15
931930 subdivisions, educational institutions, researchers, nongovernmental 16
932931 organizations, and the general public, subject to the following: 17
933932 (a)(1) A program established and maintained 18
934933 under this section shall include a policy governing access to government 19
935934 information held by the Division of Information Systems Office of State 20
936935 Technology under this chapter. 21
937936 (2) Government information may be made 22
938937 available only if doing so does not violate state or federal confidentiality 23
939938 and disclosure laws; 24
940939 (b)(1) The Division of Information Systems 25
941940 Office of State Technology is considered to be an agent of the executive 26
942941 state agency sharing government information and is an authorized receiver of 27
943942 government information under the statutory or administrative law that governs 28
944943 the government information unless: 29
945944 (A) The Division of Information 30
946945 Systems Office of State Technology or executive state agencies are 31
947946 specifically excluded as an authorized receiver; or 32
948947 (B) An authorized receiver of 33
949948 government information is specifically enumerated under the statutory or 34
950949 administrative law governing the government information without stated 35
951950 exceptions or qualifications. 36 HB1647
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954953 (2) Interagency data sharing under this 1
955954 section does not constitute a disclosure or release under any statutory or 2
956955 administrative law that governs the government information; 3
957956 (c)(1) A program established and maintained 4
958957 under this section shall prescribe a form to be used to memorialize the 5
959958 sharing of data under this section. 6
960959 (2) The form required under subdivision 7
961960 (c)(8)(B)(ii)(c)(1) of this section shall be signed by the administrative 8
962961 head of the executive state agency so long as the form does not require the 9
963962 sharing of state agency information that would be in contradiction of 10
964963 existing state or federal law; and 11
965964 (d)(1) A data sharing form completed and 12
966965 signed under subdivision (c)(8)(B)(ii)(c)(1) of this section constitutes the 13
967966 agreement required by any statutory or administrative law that governs the 14
968967 data. 15
969968 (2) Additional documentation is not 16
970969 required to share data under this section; 17
971970 (iii) Establish privacy and quality policy for 18
972971 government information that complies with all applicable Arkansas and federal 19
973972 laws, rules, and policies; 20
974973 (iv) According to standards developed by the state 21
975974 security office, establish and maintain a program to ensure the security of 22
976975 government information under this section; and 23
977976 (v) Establish a public portal that will provide 24
978977 Arkansans with easy access to data. 25
979978 26
980979 SECTION 52. Arkansas Code § 25 -4-128(a), concerning the records of the 27
981980 Data and Transparency Panel, is amended to read as follows: 28
982981 (a) All records, reports, and other information obtained by the Data 29
983982 and Transparency Panel shall be confidential unless approved for publication 30
984983 in accordance with data standards and specifications developed by the 31
985984 Division of Information Systems Office of State Technology . 32
986985 33
987986 SECTION 53. Arkansas Code § 25 -4-129 is amended to read as follows: 34
988987 25-4-129. Gifts, grants, and donations — Reports. 35
989988 (a) The Director of the Division of Information Systems Office of 36 HB1647
990989
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992991 State Technology may accept on behalf of the Division of Information Systems 1
993992 Office of State Technology funds from any source, including but not limited 2
994993 to: 3
995994 (1) Special revenue; 4
996995 (2) General revenue; 5
997996 (3) Gifts; 6
998997 (4) Grants; 7
999998 (5) Cash; 8
1000999 (6) Bequests; 9
10011000 (7) Devices; 10
10021001 (8) Donations; 11
10031002 (9) Real property; 12
10041003 (10) Personal property; and 13
10051004 (11) Equipment. 14
10061005 (b) The division office shall file with the Legislative Council or, if 15
10071006 the General Assembly is in session, the Joint Budget Committee, a quarterly 16
10081007 report summarizing all funds received under subsection (a) of this section. 17
10091008 18
10101009 SECTION 54. Arkansas Code § 25 -8-107(c), concerning the Office of 19
10111010 Child Support Enforcement, is amended to read as follows: 20
10121011 (c) The Department of Human Services and the Division of Information 21
10131012 Systems Office of State Technology shall grant access to and provide 22
10141013 information determined by the Office of Child Support Enforcement to be 23
10151014 necessary to successfully accomplish its mission. 24
10161015 25
10171016 SECTION 55. Arkansas Code § 25 -18-702(a), concerning the standards and 26
10181017 policies pertaining to electronic records of state agencies, is amended to 27
10191018 read as follows: 28
10201019 (a) The Director of the Division of Information Systems Office of 29
10211020 State Technology shall establish standards and polices governing the use, 30
10221021 management, retention, privacy, and security of electronic records of state 31
10231022 agencies. 32
10241023 33
10251024 SECTION 56. Arkansas Code § 25 -18-703 is amended to read as follows: 34
10261025 25-18-703. State agency standards and policies. 35
10271026 A state agency may use the standards and policies developed by the 36 HB1647
10281027
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10301029 Director of the Division of Information Systems Office of State Technology 1
10311030 under § 25-18-702, or it may develop its own standards and policies 2
10321031 consistent with the requirements established in § 25 -18-702(b). 3
10331032 4
10341033 SECTION 57. Arkansas Code § 25 -26-204(a)(1), concerning procurement 5
10351034 requirements for information technology access for the blind, is amended to 6
10361035 read as follows: 7
10371036 (a)(1) The technology access clause specified in § 25 -26-203 shall be 8
10381037 developed by the Division of Information Systems Office of State Technology 9
10391038 and shall require compliance with nonvisual access standards established by 10
10401039 the division office. 11
10411040 12
10421041 SECTION 58. Arkansas Code § 25 -27-103(a)(4), concerning the board 13
10431042 members of the Information Network of Arkansas, is amended to read as 14
10441043 follows: 15
10451044 (4) Two (2) members, or their designees, who are chief executive 16
10461045 officers of agencies of the executive branch other than the Department of 17
10471046 Finance and Administration and the Division of Information Systems Office of 18
10481047 State Technology, shall be appointed by the Governor; 19
10491048 20
10501049 SECTION 59. Arkansas Code § 25 -27-103(a)(8), concerning the board 21
10511050 members of the Information Network of Arkansas, is amended to read as 22
10521051 follows: 23
10531052 (8) The Director of the Division of Information Systems Office of 24
10541053 State Technology, or the Director of the Division of Information Systems' 25
10551054 Office of State Technology's designee. 26
10561055 27
10571056 SECTION 60. Arkansas Code § 25 -27-104(a)(1), concerning the duties of 28
10581057 the Information Network of Arkansas, is amended to read as follows: 29
10591058 (1) To develop and implement an electronic gateway system to 30
10601059 provide electronic access to members of the public to public information and 31
10611060 to develop, implement, and promote the use of electronic commerce and digital 32
10621061 signature applications within the state in cooperation with the Division of 33
10631062 Information Systems Office of State Technology ; 34
10641063 35
10651064 SECTION 61. Arkansas Code § 25 -27-105(a)(1), concerning the network 36 HB1647
10661065
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10681067 manager of the Information Network of Arkansas, is amended to read as 1
10691068 follows: 2
10701069 (a)(1) The Information Network of Arkansas shall procure a network 3
10711070 manager after developing, in consultation with the Division of Information 4
10721071 Systems Office of State Technology , criteria and specifications for such a 5
10731072 network manager and his or her duties. 6
10741073 7
10751074 SECTION 62. Arkansas Code § 25 -27-105(c), concerning the network 8
10761075 manager of the Information Network of Arkansas, is amended to read as 9
10771076 follows: 10
10781077 (c) The division office may provide to the Information Network of 11
10791078 Arkansas such staff and other assistance under contract. 12
10801079 13
10811080 SECTION 63. Arkansas Code § 25 -32-117(b), concerning the creation and 14
10821081 retention of electronic records and conversion of written records by 15
10831082 governmental agencies, is amended to read as follows: 16
10841083 (b) Each state agency shall comply with applicable standards and 17
10851084 policies adopted or established by the Department of Transformation and 18
10861085 Shared Services with advice and review from the Division of Information 19
10871086 Systems Office of State Technology to determine whether and the extent to 20
10881087 which it will retain and convert written records to electronic records. 21
10891088 22
10901089 SECTION 64. Arkansas Code § 25 -32-118(a)(2), concerning the acceptance 23
10911090 and distribution of electronic records by governmental agencies under the 24
10921091 Uniform Electronic Transactions Act, is amended to read as follows: 25
10931092 (2) For state agencies, the determinations shall be consistent 26
10941093 with applicable standards and policies adopted or established by the 27
10951094 Department of Transformation and Shared Services with advice and review from 28
10961095 the Division of Information Systems Office of State Technology . 29
10971096 30
10981097 SECTION 65. Arkansas Code § 25 -34-104(a)(1), concerning agency policy 31
10991098 under the Arkansas Computer and Electronic Solid Waste Management Act, is 32
11001099 amended to read as follows: 33
11011100 (a)(1) Each agency shall prepare and implement an agency -wide policy 34
11021101 for the management and sale of agency surplus computer equipment and 35
11031102 electronics in accord with the Director of the Division of Information 36 HB1647
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11061105 Systems Office of State Technology policies for review and replacement of 1
11071106 computer and electronic equipment. 2
11081107 3
11091108 SECTION 66. Arkansas Code § 25 -43-812(a)(3)(D), concerning the members 4
11101109 of the State Health Alliance for Records Exchange, is amended to read as 5
11111110 follows: 6
11121111 (D) A representative of the Division of Information Systems 7
11131112 Office of State Technology ; 8
11141113 9
11151114 SECTION 67. Arkansas Code § 25 -43-1502(a)(5), concerning state 10
11161115 entities transferred to the Department of Transformation and Shared Services, 11
11171116 is amended to read as follows: 12
11181117 (5) The Department of Information Systems, created under § 25 -4-13
11191118 104, now to be known as the “Division of Information Systems” "Office of 14
11201119 State Technology"; 15
11211120 16
11221121 SECTION 68. Arkansas Code § 27 -14-1708(b)(1), concerning the temporary 17
11231122 tag database within the Revenue Division of the Department of Finance and 18
11241123 Administration, is amended to read as follows: 19
11251124 (b)(1) The vehicle temporary tag database shall be administered by the 20
11261125 Revenue Division of the Department of Finance and Administration with the 21
11271126 assistance of the Division of Information Systems Office of State Technology 22
11281127 or other designated agent with whom the Revenue Division of the Department of 23
11291128 Finance and Administration may contract to supply technical database and data 24
11301129 processing expertise. 25
11311130 26
11321131 SECTION 69. DO NOT CODIFY. Corrections. 27
11331132 The Arkansas Code Revision Commission may change references to the 28
11341133 Division of Information Systems in the Arkansas Code to the Office of State 29
11351134 Technology: 30
11361135 (1) During the codification of legislation enacted during the 31
11371136 Ninety-Fifth General Assembly; and 32
11381137 (2) In existing law that was not included in this act. 33
11391138 34
11401139 SECTION 70. EMERGENCY CLAUSE. It is found and determined by the 35
11411140 General Assembly of the State of Arkansas that the people of the State of 36 HB1647
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11441143 Arkansas rely on state department and division names to conduct business with 1
11451144 the state; that to ensure the efficient operations of state government 2
11461145 divisions it is important to set a date certain for the official change of 3
11471146 the name of a division; and that this act is necessary because it will allow 4
11481147 the Division of Information Systems to prepare for the official name change 5
11491148 in a timely and efficient manner to coincide with the start of the fiscal 6
11501149 year. Therefore, an emergency is declared to exist, and this act being 7
11511150 necessary for the preservation of the public peace, health, and safety, shall 8
11521151 become effective on July 1, 2025. 9
11531152 10
11541153 11
1155-APPROVED: 3/25/25 12
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