Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB481 Comm Sub / Analysis

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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Donahue	SB No. 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 RDCSB481 1194 4965
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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) RDCSB481 1194 4965
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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.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
reengrossed bill.
1. Adds to the duties of the office of technology services regarding the Louisiana
Geographic Information Systems Council.
2.Adds a definition for "financed lease".
3. Technical and adds clarification.