Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB481 Comm Sub / Analysis

                    The original instrument was prepared by Jay R. Lueckel. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Cathy Wells.
DIGEST
Donahue (SB 481)
Present law provides for the office of information technology. 
Proposed law recreates this office as the office of technology services.  Provides for the office of
technology services within the executive branch of state government.
Present law provides for the chief information officer who is referred to as the "CIO". Provides
that the CIO shall be appointed by the governor and report to the commissioner of administration
concerning the direction, stewardship, leadership, and oversight of information technology and
information resources.
Proposed law provides that nothing in these provisions shall apply to the public postsecondary
management boards or the Board of Regents as provided in Article VIII of the Constitution of
Louisiana.  Exempts elected officials from the authority of the office of technology services and
the state chief information officer.
Present law provides relative to elected officials that to accomplish the work of the office of
information technology services, all agencies as defined shall cooperate with the office and
provide assistance as required. However, if the office and a statewide elected official cannot
jointly agree on an information technology plan, system, or service for any agency under his
jurisdiction, then he may implement an information technology plan, system or service of his
own, upon finding just cause to do so and after giving notice of his actions and reason therefore
at a meeting of the Joint Legislative Committee on the Budget. Prior to implementation, any such
information technology plan, system or service adopted by a statewide elected official shall be as
compatible as is practical under the circumstances with the state master technology plan.
Proposed law provides that nothing in these provisions shall apply to the authority of any
statewide elected officials relative to the authority to implement information technology plans,
systems, or services for any agency under their jurisdiction.
Proposed law provides that beginning  Oct. 1, 2014, the CIO shall report quarterly to the Joint
Legislative Committee on the Budget on the status of the consolidation of the information
technology functions of the executive branch of state government.  Proposed law requires the
report to provide information on organizational changes within the division of administration, as
well as organizational changes between the office of technology services and the other executive
branch agencies.  Proposed law further requires the report to include information and data on
personnel changes, changes in purchasing and procurement, and any budgetary changes that have
occurred Proposed law renames this position as state chief information officer and adds authority for the
CIO to oversee operation of information technology and information resources.
Proposed law provides for additional duties and responsibilities including being responsible for
establishing and coordinating all information technology systems across the executive branch of
state government. Such coordination shall include telecommunications systems and services;
network systems and services; server systems and services; storage systems and services;
information technology security systems and services; related peripheral systems and services;
software and software application services; infrastructure and platform systems and services;
desktop computing systems and services; geographic information systems and services; mobile
device systems and services; video systems and services (except those specifically reserved to the
Louisiana Educational Television Authority); radio systems, provided the operational abilities
and priorities of two-way communications of the departments in the executive branch are not
impeded; and emerging and future information technologies.
Proposed law further details the responsibilities and duties of the CIO and the office of
technology services, including acting as the sole centralized customer for the acquisition, billing,
and recordkeeping of information technology systems or services provided to state agencies;
developing coordinated information technology systems or services within and among state
agencies; and reviewing, coordinating, approving, or disapproving requests by state agencies for
information technology procurement.
Present law provides for data processing procurement.
Proposed law changes "data processing procurement" to "information technology procurement"
and provides that the CIO and the office of technology services shall have authority for defining
the specific information technology systems and services which shall be applicable under
information technology procurement.  	Proposed law provides updated definitions for information
technology procurement. 
Present law provides for the types of contracts permitted under data processing procurement. 
Proposed law changes "data processing" to "information technology" and further provides for the
types and terms of contracts permitted under information technology procurement.
Present law provides for methods of procurement.  Relative to multiyear contracts, requires all
multiyear information system technology contracts be reported to the Joint Legislative
Committee on the Budget within ninety days after the end of each fiscal year.
Proposed law requires prior approval of the Joint Legislative Committee on the Budget on  all
contracts let for more than three years. 
Proposed law further specifies methods of procurement relative to information technology and
information services to encompass requests for proposal, laws and regulations governing the state
purchasing office, and other methods. Present law provides for general procurement provisions. Provides for the establishment of
master purchase contracts for equipment provided by individual manufacturers. 
Proposed law removes authority for establishing noncompetitive master price agreements
although such competitively priced agreements shall be retained.
Proposed law clarifies the applicability of the Lease of Movable Act with respect to the leasing of
information technology equipment.
Proposed law retains present law, but changes "data processing" specifications to "information
technology".
Proposed law clarifies the applicability of the Lease of Movables Act with respect to the leasing
of information technology equipment under the Information Technology procurement code.
Proposed law authorizes the CIO to make necessary and reasonable regulations to carry out the
provisions of proposed law in accordance with the APA.
Directs the La. Law Institute to review all statutes which contain the name of the office of
information technology and make all changes it deems necessary to such references.
Effective July 1, 2014. 
(Amends R.S. 36:4(B)(1)(e), R.S. 39:15.1, 15.2, 15.3, 196, 197, 198, 199, and 200)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Finance to the original bill
1. Exempts elected officials from the authority of the office of technology services
and the state chief information officer.
2. Provides for the office of technology services within the executive branch of state
government.
3. Requires that all multiyear information system technology contracts be reported to
the Joint Legislative Committee on the Budget within ninety days after the end of
each fiscal year.
4. Directs the La. Law Institute to review all statutes which contain the name of the
office of information technology and make all changes it deems necessary to such
references. Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Requires quarterly reporting by the chief information officer (CIO) to the Joint
Legislative Committee on the Budget on the status of the consolidation efforts and
provides for the content of such report.
3. Requires prior approval of the Joint Legislative Committee on the Budget on  all
contracts entered into for more than three years. 
4. Requires the regulations to be adopted accordance with the provisions of the
APA.