Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB481 Comm Sub / Analysis

                    Donahue (SB 481)	Act No. 712
Prior law provided for the office of information technology. 
New law recreates this office as the office of technology services.  Provides for the office
of technology services within the executive branch of state government.
Prior law provided for the chief information officer who is referred to as the "CIO". Provided
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.
New 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.
Prior law provided 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 (JLCB). 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.
New 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.
New law provides that beginning  Oct. 1, 2014, the CIO shall report quarterly to the JLCB
of the consolidation of the information technology functions of the executive branch of state
government.  New 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.  New 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
New law renames this position as state chief information officer and adds authority for the
CIO to oversee operation of information technology and information resources.
New 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.
New 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.
Prior law provided for data processing procurement. New 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.  New law provides updated definitions for
information technology procurement. 
Prior law provided for the types of contracts permitted under data processing procurement.
New law changes "data processing" to "information technology" and further provides for the
types and terms of contracts permitted under information technology procurement.
Prior law provided for methods of procurement. Relative to multiyear contracts, requires
all multiyear information system technology contracts be reported to the JLCB within ninety
days after the end of each fiscal year.
New law requires prior approval of the JLCB on  all contracts let for more than three years.
New 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.
Prior law provided for general procurement provisions. Provided for the establishment of
master purchase contracts for equipment provided by individual manufacturers. 
New law removes authority for establishing noncompetitive master price agreements
although such competitively priced agreements shall be retained.
New law clarifies the applicability of the Lease of Movable Act with respect to the leasing
of information technology equipment.
New law retains prior law, but changes "data processing" specifications to "information
technology".
New 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.
New law authorizes the CIO to make necessary and reasonable regulations to carry out the
provisions of new 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)