LD 1759
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Page 1 of 2 An Act To Change the Membership of Certain Boards to Include The Department of ... LD 1759 Title Page
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LR 865
Item 1

 
1. Report to the Legislature. The commissioner and the Chief
Information Officer shall report to the joint standing committee
of the Legislature having jurisdiction over appropriations and
financial affairs at the beginning of the first regular session
of each Legislature with respect to:

 
A. The degree of progress that has been made with respect
to the coordination of data processing and computer
programming within State Government:

 
(1) The Information Services Policy Board and the Chief
Information Officer shall also evaluate the degree of
progress in the coordination of data processing and
computer programming within State Government and that
evaluation must be included in this part of the report;

 
B. The problems that exist with respect to the coordination
of data processing and computer programming activities
within State Government:

 
(1) The Information Services Policy Board and the Chief
Information Officer shall also describe and evaluate
the problems that exist with respect to the
coordination of data processing and computer
programming in State Government and that evaluation
must be included in this part of the report;

 
C. The degree to which personnel needs of state agencies
are being met;

 
D. Any problems that exist with respect to current policies
and procedures as they relate to the personnel needs of
state agencies. This portion of the report must also
include the evaluation of the Civil Service Policy Review
Board with respect to the issue of this paragraph; and

 
E. All temporary and contracted positions within each
agency and bureau of State Government. This information
must include the duration and turnover of each position; the
separate costs of each position for wages, benefits,
contract fees and administration costs; and the position
title or function. The costs associated with preparing this
report must be absorbed utilizing existing department
resources.

 
Sec. 5. 5 MRSA §1881, as enacted by PL 1985, c. 785, Pt. A, §78, is
repealed and the following enacted in its place:

 
The mission of the Bureau of Information Services is to
provide high-quality, responsive, cost-effective information
technology services to the agencies of State Government.__These
services include, but are not limited to, voice and data computer
and networking services, applications development and maintenance
and desktop support.__The bureau also provides centralized
geographic information systems and data and security advice to
customers.

 
Sec. 6. 5 MRSA §1885, as amended by PL 1991, c. 780, Pt. Y, §87, is
further amended to read:

 
§1885. Purpose and organization

 
The Bureau of Information Services is under the direction of
the Director of the Bureau of Information Services and is
responsible for providing information and enterprise services in
data processing, planning for and telecommunications and planning
for the coordination of data processing throughout State
Government.

 
1. Appointment of division director. The Director of the
Bureau of Information Services shall appoint the Director of Data
Processing, referred to in this section as the division director,
with the approval of the commissioner and in accordance with the
Civil Service Law. The division director must be a person with
demonstrated knowledge, training and skills and significant
experience in data processing and computer services. In
addition, the division director must have a high record of
achievement in providing data processing and computer programming
services to multiple and diverse users.

 
Sec. 7. 5 MRSA §1886, as amended by PL 1997, c. 713, §2, is further
amended to read:

 
§1886. Powers and duties of the Director of the Bureau of

 
Information Services

 
1. Supervision of data processing within the State
Government. The Director of the Bureau of Information Services
shall supervise data processing activities within State
Government.

 
2. Approve the acquisition and use of equipment. The
director, in accordance with written standards established by
this chapter shall approve acquisition and use of all data
processing and telecommunications services, equipment and systems
by state agencies.

 
2-A. Maintain central telecommunications services. The
director shall maintain and operate central telecommunications
services and may:

 
A. Employ or engage outside technical and professional
services that may be necessary for telecommunications
purposes;

 
B. Establish, through the Bureau of Accounts and Control,
an Internal Telecommunications Fund Account. This fund must
include, but is not limited to, appropriations made to the
program, funds transferred to the program from within the
Department of Administrative and Financial Services and
funds received for telecommunications services rendered to
system users;

 
C. Levy charges, according to a rate schedule based on
uniform billing procedures approved by the board, against
all units utilizing telecommunications services;

 
D. Submit a budget of estimated revenues and costs to be
incurred by the program as part of the unified current
services budget legislation in accordance with sections 1663
to 1666. Notwithstanding section 1583, allocations may be
increased or adjusted by the State Budget Officer, with
approval of the Governor, to specifically cover those
adjustments determined to be necessary by the Commissioner
of Administrative and Financial Services. Further, any
request for adjustment to the allocation is subject to
review by the joint standing committee of the Legislature
having jurisdiction over appropriations and financial
affairs; and

 
E. Require departments and agencies to be a part of the
central telecommunications service network. No capital
items purchased through the Internal Telecommunications Fund
may be given, transferred, sold or otherwise conveyed to any
other department, agency or account without authorization
through the normal budgetary process. Except as authorized
by the director, telecommunications services, equipment and
systems are deemed to be the responsibility and property of
the fund.

 
3. Develop training and development programs in data
processing. The director is responsible for developing training
and development programs for state employees in data processing
and for the implementation of these programs.

 
4. Staff and technical assistance. The director shall
provide staff and technical assistance in data processing to
other state agencies.

 
5. Develop and administer written standards for data
processing and telecommunications. The director shall develop
and administer written standards for data processing and
telecommunications subject to approval by the board. These
written standards pertain to:

 
A. Acquisition of equipment;

 
B. Acquisition of computer programs;

 
C. The development of computer systems and computer
programs;

 
D. Computer operations; and

 
E. Any other standards determined necessary by the director
and the board.

 
5-A. Board approval required for written standards for data
processing and telecommunications. All written standards for
data processing and telecommunications are subject to final
approval by the board.

 
6. Maintain central data processing services. The director
through the Division of Data Processing shall maintain and
operate central data processing services and geographic
information systems pursuant to subchapter II-A.

 
6-A. InforME responsibilities. The director shall serve as
the contracting authority under Title 1, chapter 14, and shall
provide staff to the InforME Board established in Title 1,
chapter 14.

 
7. Develop and implement strategic and departmental planning
process. The director, in conjunction with the board and with
the participation of the affected state agencies, shall develop
and maintain strategic planning initiatives for all of State
Government and specific state agencies for data processing and
telecommunications. The director is responsible for assisting
state agencies in implementing the planning process.

 
A. The director shall submit a report on the planning
process to the Governor and the Legislature at the beginning
of each legislative session.

 
8. Charges. The director may levy appropriate charges
against all state agencies utilizing services provided by the
bureau and for operations of the office of the Chief Information
Officer. The charges must be those fixed in a schedule or

 
schedules prepared and revised as necessary by the director and
approved by the Information Services Policy Board and the
commissioner. The schedule of charges must be supported and
explained by accompanying information.

 
9. Budget. The director shall submit a budget of estimated
revenues and costs to be incurred by the bureau.

 
10. Professional and technical services. The director may
employ or engage, within funds available, outside technical or
professional personnel and services as necessary for carrying out
the purposes of this chapter, subject to the approval of the
commissioner.

 
11. Other powers and duties. The director may make rules,
subject to the approval of the Information Services Policy Board
and the commissioner, for carrying out the purpose of this
chapter.

 
12. Protection of information files. The director, with the
advice of the board, shall develop rules regarding the
safeguarding, maintenance and use of information files relating
to data processing required by law to be kept confidential,
subject to the approval of the commissioner. The bureau is
responsible for the enforcement of those rules. All data files
are the property of the agency or agencies responsible for their
collection and utilization.

 
13. Assist the board. The director shall assist the board
and the Chief Information Officer in its duties and
responsibilities. The director shall make recommendations to the
board and the Chief Information Officer with respect to the
coordination of data processing, telecommunications and computer
programming systems.

 
14. Report to the Legislature. The director shall report to
the joint standing committee of the Legislature having
jurisdiction over appropriations and financial affairs by January
31st of each year with respect to the achievements, the problems
and the procedures planned for resolving the problems of the
office and its mission. This report must include a complete
compilation of written standards for data processing and
telecommunications that have been approved by the board.

 
Sec. 8. 5 MRSA §1887, as amended by PL 1999, c. 165, §§1 and 2, is
further amended to read:

 
§1887. Bureau of Information Services

 
The Bureau of Data Processing Information Services shall
provide the major data processing and telecommunications services

 
in State Government, including computer operations and
programming and applications systems. The bureau, as authorized
by the commissioner, shall work to assure consistency in
programming services, stability in data processing functions,
reliability in the operation and maintenance of systems
throughout State Government and responsiveness and flexibility to
react to changing situations and needs.

 
1. Director. The Director of Data Processing shall be
Information Services is appointed as provided in section 1885
1884, subsection 1.

 
2. Service agency. The bureau shall serve as a service
agency to meet the needs of client agencies in a timely,
efficient and cost effective manner.

 
A. The bureau shall assure a high quality of service to all
users.

 
B. The bureau shall allocate resources as necessary to meet
peak demands and to best use available resources.

 
C. The bureau shall assure adequate backup for all
information services.

 
3. Assist the commissioner and the Chief Information Officer.
The bureau shall assist the commissioner and the Chief
Information Officer in carrying out the commissioner's their
duties and responsibilities.

 
Sec. 9. 5 MRSA §1888, as amended by PL 1999, c. 165, §3, is
repealed.

 
Sec. 10. 5 MRSA §1890-B, as repealed and replaced by PL 1995, c.
703, §1, is repealed.

 
Sec. 11. 5 MRSA §1891, as amended by PL 1999, c. 165, §5, is
further amended to read:

 
§1891. Information Services Policy Board established; purpose of

 
board

 
The Information Services Policy Board, as authorized by
chapter 379, is established to assist the commissioner and the
Chief Information Officer to meet the purpose and mission of this
chapter.

 
Sec. 12. 5 MRSA §1893, sub-§§3, 4 and 6, as amended by PL 1999, c. 165,
§7, are further amended to read:

 
3. Develop strategic and departmental planning process. The
board shall assist the commissioner and the Chief Information
Officer in the development of the strategic and departmental
planning process as defined in subchapter II.

 
4. Investigate and establish priorities. The board, with the
commissioner and the Chief Information Officer, shall investigate
and establish priorities within the scope of the strategic and
departmental planning process. For the purpose of this
subsection, the priorities are goals and objectives with
associated target dates.

 
6. Provide for regular review. The board with the
commissioner and the Chief Information Officer shall provide for
a regular review of information processing and telecommunications
operations in State Government and make recommendations to the
Governor, commissioner and other affected agency heads for
improving service and efficiency and for reducing costs.

 
Sec. 13. 5 MRSA §1896, as corrected by RR 1995, c. 1, §4, is
amended to read:

 
§1896. Appeals

 
Any state agency or semiautonomous state agency disagreeing
with an action or decision of the Bureau of Information Services
or the deputy commissioner Chief Information Officer as it
affects that agency may appeal the decision in accordance with
the provisions of this section.

 
1. Appeal. A state agency may appeal the decision or action
of the deputy commissioner or Office of Information Services
Chief Information Officer to:

 
A. The Information Services Policy Board.

 
Sec. 14. 5 MRSA c. 163 is enacted to read:

 
CHAPTER 163

 
OFFICE OF THE CHIEF INFORMATION OFFICER

 
§1971.__Chief Information Officer; appointment; qualifications

 
The Commissioner of Administrative and Financial Services
shall appoint the Chief Information Officer.__The Chief
Information Officer must be a qualified professional person who
shall direct, coordinate and oversee information technology
policy making, planning, architecture and standardization.

 
§1972.__Definitions

 
As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.

 
1.__Board.__"Board" means the Information Services Policy
Board established under section 1891.

 
2.__Chief Information Officer.__"Chief Information Officer"
means the person who holds the lead information technology
position within the executive branch that directs, coordinates
and oversees information technology policy making, planning,
architecture and standardization.

 
3.__Commissioner.__"Commissioner" means the Commissioner of
Administrative and Financial Services.

 
4.__Computer system.__"Computer system" has the same meaning
as in Title 17-A, section 431.

 
5.__Leadership positions.__"Leadership positions" means the
presiding officers of each House of the Legislature, party
leaders, the Clerk of the House, the Assistant Clerk of the
House, the Secretary of the Senate and the Assistant Secretary of
the Senate.

 
§1973.__Responsibilities of the Chief Information Officer

 
1.__Information technology leadership.__The Chief Information
Officer shall:

 
A.__Provide central leadership and vision in the use of
information and telecommunications technology on a statewide
basis;

 
B.__Set policies and standards for the implementation and
use of information and telecommunications technologies,
including privacy and security standards and standards of
the federal Americans with Disabilities Act, for information
technology.__The policies and standards are subject to final
approval by the board under section 1891;

 
C.__Assist the Governor's Office and the commissioner with
development and support of information technology-related
legislation;

 
D.__Identify and implement information technology best
business practices and project management; and

 
E.__Facilitate research and development activities to
identify and establish effective information technology
service delivery in State Government.

 
2.__Information technology communications.__The Chief
Information Officer shall provide information technology
communications by serving:

 
A.__As the lead advocate for information and
telecommunications technology directions, policies,
standards and plans to all branches and independent units of
State Government, constitutional offices, the media and the
general public;

 
B.__As information technology liaison to the Governor's
office;

 
C.__As information technology liaison to the judicial
branch;

 
D.__As information technology liaison to the legislative
branch; and

 
E.__On boards and committees as appropriate and as needed.

 
3.__Information technology planning.__In assisting with the
development of an information technology plan, the Chief
Information Officer shall:

 
A.__Establish and manage the process for strategic
information technology planning, including the approval of
all departments' information technology plans;

 
B.__Submit a report on the information technology planning
process to the Governor and the Legislature at the beginning
of each legislative session;

 
C.__Ensure integration of the enterprise strategic plan with
unit-level information technology planning processes; and

 
D.__Develop, implement and monitor compliance with statewide
standards and architecture.

 
4.__Information technology financial performance management.__
The Chief Information Officer shall develop an information
technology financial performance management process to:

 
A.__Protect current and future investments in information
and telecommunications technologies in State Government;

 
B.__Identify ways to use information and telecommunications
technologies to reduce cost of government and improve
service to customers;

 
C.__Identify business process improvement priorities that
will yield the greatest cost benefits to the State;

 
D.__Develop and administer a statewide information
technology financial management and budget planning process;
and

 
E.__Establish performance and other outcomes measures and
cost benefit analyses for information technology.

 
5.__Information technology procurement and contract
management.__The Chief Information Officer shall:

 
A.__Approve all major or nonstandard information and
telecommunications technology initiatives, contracts and
acquisitions, including enterprise initiatives; and

 
B.__Approve the Division of Purchases' standards and
evaluation procedures for standard information and
telecommunications technology acquisitions and contracts.

 
6.__Information technology resource management.__The Chief
Information Officer shall establish a professional development
plan with incentives and opportunities for the recruitment,
retention, skill development and career advancement for
information and telecommunications technology personnel.

 
§1974.__Other powers and duties of Chief Information Officer

 
1.__Approve the acquisition and use of equipment.__The Chief
Information Officer, working with the Division of Purchases and
in accordance with written standards established by this chapter,
shall approve acquisition and use of all data processing and
telecommunications services, equipment and systems by state
agencies.

 
2.__Develop training and development programs in data
processing.__The Chief Information Officer is responsible for
developing training and development programs for state employees
in data processing and for the implementation of these programs.

 
3.__Develop and administer written standards for data
processing and telecommunications.__The Chief Information Officer
shall develop and administer written standards for data
processing and telecommunications subject to approval by the
board.__These written standards pertain to:

 
A.__Acquisition of equipment;

 
B.__Acquisition of computer software and systems;

 
C.__Development of computer systems and computer programs;

 
D.__Computer operations; and

 
E.__Any other standards determined necessary by the Chief
Information Officer and the board.

 
4.__Board approval required for written standards for data
processing and telecommunications. All written standards for
data processing and telecommunications are subject to final
approval by the board.

 
5.__Develop and implement strategic and departmental planning
process.__The Chief Information Officer, in conjunction with the
board and with the participation of the affected state agencies,
shall develop and maintain strategic planning initiatives for all
of State Government and specific state agencies for data
processing and telecommunications.__The Chief Information Officer
is responsible for assisting state agencies in implementing the
planning process.

 
The Chief Information Officer shall submit a report on the
planning process to the Governor and the Legislature at the
beginning of each legislative session.

 
6.__Report to the Legislature.__The Chief Information Officer
shall report to the joint standing committee of the Legislature
having jurisdiction over appropriations and financial affairs by
January 31st of each year with respect to the achievements, the
problems and the procedures planned for resolving the problems of
the office and its mission.__This report must include a complete
compilation of written standards for data processing and
telecommunications that have been approved by the board.

 
§1975.__Noncompliance

 
The purchase of data processing equipment, software or
services or internal systems development efforts may not be made
except in accordance with this subchapter.__An agency may not
purchase any data processing equipment, software or services
without the prior written approval of the commissioner or the
Chief Information Officer.__The State Controller may not
authorize payment for data processing equipment, software or

 
services without evidence of prior approval of the purchases by
the commissioner or the Chief Information Officer.

 
1.__Noncompliance defined.__A state agency is in noncompliance
with this chapter if the agency:

 
A.__Purchases data processing equipment, software or
services in noncompliance with this chapter;

 
B.__Fails to adhere to the data processing standards
established by the commissioner, the Chief Information
Officer and the board.

 
2.__Penalty.__Any state agency found to be in noncompliance as
defined in this section is prohibited from acquiring or
purchasing data processing equipment, software and services until
the commissioner or the Chief Information Officer determines that
the state agency is in compliance with this subchapter.

 
Notwithstanding the provisions of this section, the commissioner
or the Chief Information Officer may act to acquire or purchase
data processing equipment, software and services to maintain or
meet the emergency needs of a state agency.

 
§1976.__Misuse of State Government computer system

 
1.__Confidentiality.__Computer programs, technical data, logic
diagrams and source code related to data processing or
telecommunications are confidential and are not public records,
as defined in Title 1, section 402, subsection 3, to the extent
of the identified trade secrets.__To qualify for confidentiality
under this subsection, computer programs, technical data, logic
diagrams and source code must:

 
A.__Contain trade secrets, as defined in Title 10, section
1542, subsection 4, held in private ownership; and

 
B.__Have been provided to a state agency by an authorized
independent vendor or contractor under an agreement by
which:

 
(1)__All trade secrets that can be protected are
identified without disclosing the trade secret;

 
(2)__The vendor or contractor retains all intellectual
property rights in those trade secrets; and

 
(3)__The state agency agrees to hold and use the
programs, data, diagrams or source code without
disclosing any identified trade secrets.

 
2.__Public records.__Except as provided in subsection 1, any
document created or stored on a State Government computer is a
public record and must be made available in accordance with Title
1, chapter 13 unless specifically exempted by that chapter.

 
3.__Violation.__A person is guilty of misuse of a State
Government computer system if that person knowingly uses a
computer system operated by a state department or agency, the
Judicial Department or the Legislature:

 
A.__To prepare materials with the intent to expressly
advocate, to those eligible to vote, for the election or
defeat of any candidate for a federal office, a
constitutional office or any candidate for elective
municipal, county or state office, including leadership
positions in the Senate and the House of Representatives; or

 
B.__With the intent to solicit contributions reportable
under Title 21-A, chapter 13.

 
4.__Penalty.__Misuse of a State Government computer system is
a Class C crime.

 
Sec. 15. 16 MRSA §633, as amended by PL 1999, c. 451, §2, is
further amended to read:

 
§633. Policy board established; membership

 
There is established the Maine Criminal Justice Information
System Policy Board, referred to in this subchapter as the
"board." The board consists of 13 14 members that include the
Attorney General, the Commissioner of Public Safety, the
Commissioner of Corrections, the State Court Administrator, the
Chief of the State Police, the Associate Commissioner for Adult
Services within the Department of Corrections, the Director of
the Bureau of Information Services, the Chief Information
Officer, a representative of the Maine Prosecutors Association
appointed by the Attorney General, a representative of the Maine
Chiefs of Police Association appointed by the Commissioner of
Public Safety, a representative of the Maine Sheriff's
Association appointed by the Commissioner of Public Safety, a
representative of a federal criminal justice agency appointed by
the Governor, a representative of a nongovernmental agency that
provides services to victims of domestic violence appointed by
the Governor and a public member who represents private users of
criminal offender record information appointed by the Governor.

 
SUMMARY

 
This bill changes the membership of the InforME Board to give
the Commissioner of Administrative and Financial Services or the
commissioner's designee a seat instead of the Director of the
Bureau of Information Services.

 
This bill expands the Board of the Maine Governmental
Information Network to include the Chief Information Officer
within the Department of Administrative and Financial Services as
a member. The bill also creates the position of Chief
Information Officer. The bill expands the membership to the
Maine Criminal Justice Information System Policy Board to include
the Chief Information Officer of the Department of Administrative
and Financial Services.


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