| | 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: |
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| A. The degree of progress that has been made with respect | to the coordination of data processing and computer | programming within State Government: |
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| (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; |
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| B. The problems that exist with respect to the coordination | of data processing and computer programming activities | within State Government: |
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| (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; |
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| C. The degree to which personnel needs of state agencies | are being met; |
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| 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 |
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| 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. |
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| | Sec. 5. 5 MRSA §1881, as enacted by PL 1985, c. 785, Pt. A, §78, is | repealed and the following enacted in its place: |
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| | 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. |
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| | Sec. 6. 5 MRSA §1885, as amended by PL 1991, c. 780, Pt. Y, §87, is | further amended to read: |
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| §1885. Purpose and organization |
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| | 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. |
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| | 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. |
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| | Sec. 7. 5 MRSA §1886, as amended by PL 1997, c. 713, §2, is further | amended to read: |
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| §1886. Powers and duties of the Director of the Bureau of |
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| | 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. |
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| | 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. |
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| | 2-A. Maintain central telecommunications services. The | director shall maintain and operate central telecommunications | services and may: |
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| A. Employ or engage outside technical and professional | services that may be necessary for telecommunications | purposes; |
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| 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; |
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| C. Levy charges, according to a rate schedule based on | uniform billing procedures approved by the board, against | all units utilizing telecommunications services; |
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| 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 |
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| 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. |
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| | 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. |
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| | 4. Staff and technical assistance. The director shall | provide staff and technical assistance in data processing to | other state agencies. |
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| | 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: |
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| A. Acquisition of equipment; |
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| B. Acquisition of computer programs; |
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| C. The development of computer systems and computer | programs; |
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| D. Computer operations; and |
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| E. Any other standards determined necessary by the director | and the board. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| A. The director shall submit a report on the planning | process to the Governor and the Legislature at the beginning | of each legislative session. |
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| | 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 |
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| 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. |
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| | 9. Budget. The director shall submit a budget of estimated | revenues and costs to be incurred by the bureau. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | Sec. 8. 5 MRSA §1887, as amended by PL 1999, c. 165, §§1 and 2, is | further amended to read: |
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| §1887. Bureau of Information Services |
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| | The Bureau of Data Processing Information Services shall | provide the major data processing and telecommunications services |
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| 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. |
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| | 1. Director. The Director of Data Processing shall be | Information Services is appointed as provided in section 1885 | 1884, subsection 1. |
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| | 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. |
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| A. The bureau shall assure a high quality of service to all | users. |
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| B. The bureau shall allocate resources as necessary to meet | peak demands and to best use available resources. |
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| C. The bureau shall assure adequate backup for all | information services. |
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| | 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. |
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| | Sec. 9. 5 MRSA §1888, as amended by PL 1999, c. 165, §3, is | repealed. |
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| | Sec. 10. 5 MRSA §1890-B, as repealed and replaced by PL 1995, c. | 703, §1, is repealed. |
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| | Sec. 11. 5 MRSA §1891, as amended by PL 1999, c. 165, §5, is | further amended to read: |
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| §1891. Information Services Policy Board established; purpose of |
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| | 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. |
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| | Sec. 12. 5 MRSA §1893, sub-§§3, 4 and 6, as amended by PL 1999, c. 165, | §7, are further amended to read: |
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| | 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. |
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| | 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. |
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| | 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. |
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| | Sec. 13. 5 MRSA §1896, as corrected by RR 1995, c. 1, §4, is | amended to read: |
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| | 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. |
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| | 1. Appeal. A state agency may appeal the decision or action | of the deputy commissioner or Office of Information Services | Chief Information Officer to: |
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| A. The Information Services Policy Board. |
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| | Sec. 14. 5 MRSA c. 163 is enacted to read: |
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| OFFICE OF THE CHIEF INFORMATION OFFICER |
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| §1971.__Chief Information Officer; appointment; qualifications |
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| | 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. |
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| | As used in this chapter, unless the context otherwise | indicates, the following terms have the following meanings. |
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| | 1.__Board.__"Board" means the Information Services Policy | Board established under section 1891. |
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| | 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. |
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| | 3.__Commissioner.__"Commissioner" means the Commissioner of | Administrative and Financial Services. |
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| | 4.__Computer system.__"Computer system" has the same meaning | as in Title 17-A, section 431. |
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| | 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. |
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| §1973.__Responsibilities of the Chief Information Officer |
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| | 1.__Information technology leadership.__The Chief Information | Officer shall: |
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| A.__Provide central leadership and vision in the use of | information and telecommunications technology on a statewide | basis; |
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| 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; |
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| C.__Assist the Governor's Office and the commissioner with | development and support of information technology-related | legislation; |
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| D.__Identify and implement information technology best | business practices and project management; and |
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| E.__Facilitate research and development activities to | identify and establish effective information technology | service delivery in State Government. |
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| | 2.__Information technology communications.__The Chief | Information Officer shall provide information technology | communications by serving: |
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| 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; |
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| B.__As information technology liaison to the Governor's | office; |
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| C.__As information technology liaison to the judicial | branch; |
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| D.__As information technology liaison to the legislative | branch; and |
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| E.__On boards and committees as appropriate and as needed. |
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| | 3.__Information technology planning.__In assisting with the | development of an information technology plan, the Chief | Information Officer shall: |
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| A.__Establish and manage the process for strategic | information technology planning, including the approval of | all departments' information technology plans; |
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| B.__Submit a report on the information technology planning | process to the Governor and the Legislature at the beginning | of each legislative session; |
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| C.__Ensure integration of the enterprise strategic plan with | unit-level information technology planning processes; and |
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| D.__Develop, implement and monitor compliance with statewide | standards and architecture. |
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| | 4.__Information technology financial performance management.__ | The Chief Information Officer shall develop an information | technology financial performance management process to: |
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| A.__Protect current and future investments in information | and telecommunications technologies in State Government; |
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| B.__Identify ways to use information and telecommunications | technologies to reduce cost of government and improve | service to customers; |
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| C.__Identify business process improvement priorities that | will yield the greatest cost benefits to the State; |
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| D.__Develop and administer a statewide information | technology financial management and budget planning process; | and |
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| E.__Establish performance and other outcomes measures and | cost benefit analyses for information technology. |
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| | 5.__Information technology procurement and contract | management.__The Chief Information Officer shall: |
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| A.__Approve all major or nonstandard information and | telecommunications technology initiatives, contracts and | acquisitions, including enterprise initiatives; and |
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| B.__Approve the Division of Purchases' standards and | evaluation procedures for standard information and | telecommunications technology acquisitions and contracts. |
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| | 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. |
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| §1974.__Other powers and duties of Chief Information Officer |
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| | 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. |
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| | 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. |
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| | 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: |
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| A.__Acquisition of equipment; |
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| B.__Acquisition of computer software and systems; |
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| C.__Development of computer systems and computer programs; |
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| D.__Computer operations; and |
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| E.__Any other standards determined necessary by the Chief | Information Officer and the board. |
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| | 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. |
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| | 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. |
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| 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. |
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| | 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. |
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| | 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 |
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| services without evidence of prior approval of the purchases by | the commissioner or the Chief Information Officer. |
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| | 1.__Noncompliance defined.__A state agency is in noncompliance | with this chapter if the agency: |
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| A.__Purchases data processing equipment, software or | services in noncompliance with this chapter; |
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| B.__Fails to adhere to the data processing standards | established by the commissioner, the Chief Information | Officer and the board. |
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| | 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. |
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| 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. |
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| §1976.__Misuse of State Government computer system |
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| | 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: |
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| A.__Contain trade secrets, as defined in Title 10, section | 1542, subsection 4, held in private ownership; and |
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| B.__Have been provided to a state agency by an authorized | independent vendor or contractor under an agreement by | which: |
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| (1)__All trade secrets that can be protected are | identified without disclosing the trade secret; |
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| (2)__The vendor or contractor retains all intellectual | property rights in those trade secrets; and |
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| (3)__The state agency agrees to hold and use the | programs, data, diagrams or source code without | disclosing any identified trade secrets. |
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| | 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. |
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| | 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: |
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| 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 |
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| B.__With the intent to solicit contributions reportable | under Title 21-A, chapter 13. |
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| | 4.__Penalty.__Misuse of a State Government computer system is | a Class C crime. |
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| | Sec. 15. 16 MRSA §633, as amended by PL 1999, c. 451, §2, is | further amended to read: |
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| §633. Policy board established; membership |
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| | 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. |
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| | 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. |
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| | 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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