Assembly Bill No. 661

Assembly Bill No. 661-Committee on Ways and Means

CHAPTER

624

AN ACT relating to the department of information services; changing the name of the department of information services to the department of information technology; reorganizing the divisions of the department; changing the assignment of certain duties; abolishing the office of the coordinator of communications; repealing the provisions governing certain funds; and providing other matters properly relating thereto.

[Approved July 16, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 242.031 is hereby amended to read as follows:
242.031 "Department" means the department of information [services.] technology.
Sec. 2. NRS 242.071 is hereby amended to read as follows:
242.071 1. The legislature hereby determines and declares that the creation of the department of information [services] technology is necessary for the coordinated, orderly and economical processing of information in state government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
2. The purposes of the department are:
(a) To perform information services for state agencies.
(b) To provide technical advice but not administrative control of the information systems within the state agencies, county agencies and governing bodies and agencies of incorporated cities and towns.
Sec. 3. NRS 242.080 is hereby amended to read as follows:
242.080 1. The department of information [services] technology is hereby created.
2. The department consists of the director and the:
(a) [Division of systems and programming.
(b) Division of facility management.
(c) Division of planning and research.
(d) Telecommunications division.
(e) Communications] Planning and programming division.
(b) Communication and computing division.
3. A planning and research unit is hereby created within the planning and programming division of the department.
4. A communications unit and a telecommunications unit are hereby created within the communication and computing division of the department.
Sec. 4. NRS 242.111 is hereby amended to read as follows:
242.111 The director shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for the information systems of the executive branch of government, excluding the University and Community College System of Nevada and the Nevada criminal justice information computer system, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of information systems [in order that] to meet the requirements of state agencies and officers [may be met] at the least cost to the state;
2. The [department's] procedures of the department in providing information services, which may include provision for the performance, by [any] an agency which uses the services or equipment of the department, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the communication and computing division , [of facility management,] including security to prevent unauthorized access to information systems and plans for the recovery of systems and applications after they have been disrupted; and
4. Specifications and standards for the employment of all personnel of the department.
Sec. 5. NRS 242.115 is hereby amended to read as follows:
242.115 1. Except as otherwise provided in subsection 2, the [division of] planning and research unit of the planning and programming division of the department shall:
(a) Develop policies and standards for the information systems of the executive branch of government;
(b) Coordinate the development of a biennial state plan for the information systems of the executive branch of government;
(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems;
(d) Develop guidelines and procedures for the procurement and maintenance of the information systems of the executive branch of government;
(e) Develop standards to ensure the security of the information systems of the executive branch of government; and
(f) Perform other planning and research functions at the direction of the director.
2. This section does not apply to the University and Community College System of Nevada or the Nevada criminal justice information computer system used to provide support for the operations of law enforcement agencies in this state.
Sec. 6. NRS 242.191 is hereby amended to read as follows:
242.191 1. Except as otherwise provided in subsection 3, the amount receivable from [any] an agency availing itself of the services of the department must be determined by the director in each case and include:
(a) The annual expense, including depreciation, of operating and maintaining the communication and computing division , [of facility management,] distributed among the agencies in proportion to the services performed for each agency.
(b) A service charge in an amount determined by distributing the monthly installment for the construction costs of the computer facility among the agencies in proportion to the services performed for each agency.
2. The director shall prepare and submit monthly to the agencies for which services of the department have been performed an itemized statement of the amount receivable from each agency.
3. The director may authorize, if in his judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to an agency.
Sec. 7. NRS 233F.045 is hereby amended to read as follows:
233F.045 "Communications [division"] unit" means the communications unit of the communication and computing division of the department . [of information services.]
Sec. 8. NRS 233F.055 is hereby amended to read as follows:
233F.055 "Department" means the department of information [services.] technology.
Sec. 9. NRS 233F.060 is hereby amended to read as follows:
233F.060 "State communications system" means microwave equipment and associated facilities controlled by the [board] department and leased or used by state agencies, except the state telecommunications system.
Sec. 10. NRS 233F.065 is hereby amended to read as follows:
233F.065 "Telecommunications [division"] unit" means the telecommunications unit of the communication and computing division of the department . [of information services.]
Sec. 11. NRS 233F.080 is hereby amended to read as follows:
233F.080 The legislature finds and declares that a state communications system is vital to the security and welfare of the state during times of emergency and in the conduct of its regular business, and that economies may be realized by joint use of the system by all state agencies. It is the purpose of the legislature that a state communications system be developed whereby the greatest efficiency in the joint use of existing communications systems is achieved and that all communication functions and activities of state agencies be coordinated. It is not the intent of the legislature to remove from the department of information [services] technology control over the state telecommunications system intended for use by state agencies and the general public.
Sec. 12. NRS 233F.110 is hereby amended to read as follows:
233F.110 1. The [board] director may, upon receiving a request for a microwave channel or channels from an agency, approve or disapprove that request. If the request is approved, the [board] department shall assign a channel or channels to the agency at a cost which reflects the actual share of costs incurred for services provided to the agency, in accordance with the comprehensive system of equitable billing and charges developed by the coordinator of communications.
2. Except as otherwise provided in subsection 3, a microwave channel assigned by the [board] director to an agency for its use must not be reassigned without the concurrence of the agency.
3. The [board] director may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.
4. Equipment for microwave channels which is purchased by a using agency becomes the property of the [board] department if the agency fails to use or pay for those channels. The equipment must be used by the [board] department to replace old or obsolete equipment in the state communications system.
5. A state agency shall not purchase equipment for microwave stations without prior approval from the [board] director unless:
(a) The existing services do not meet the needs of the agency; or
(b) The equipment will not be used to duplicate services which are provided by the state communications system or a private company.
6. The [board] department shall reimburse an agency for buildings, facilities or equipment which is consolidated into the state communications system.
Sec. 13. NRS 233F.115 is hereby amended to read as follows:
233F.115 The [board] director shall designate at least one microwave channel of the state communications system for use by the fire services.
Sec. 14. NRS 233F.116 is hereby amended to read as follows:
233F.116 The [board] department shall not take over the communications system of a state agency unless it does so pursuant to an agreement with the agency.
Sec. 15. NRS 233F.117 is hereby amended to read as follows:
233F.117 If a state agency other than the communications [division of the department of information services] unit adds equipment which extends the state communications system to another location, the extension, if approved by the [board,] director, becomes part of the state communications system. An approved extension of the system is subject to the provisions of this chapter relating to the system.
Sec. 16. NRS 233F.118 is hereby amended to read as follows:
233F.118 1. If the [board] director considers a proposal to add a service to the state communications system which could be provided by a private company, the [board] director shall:
(a) Upon the request of a private company which is able to provide the service, provide notice of the proposal and a copy of the related specifications;
(b) Prepare a statement, based on the specifications, of the cost of the proposed service if it were provided through the state communications system; and
(c) Compare its own statement of cost with any other bid submitted by considering at least the relative prices, the quality and reliability of the service proposed and the compatibility of the service proposed with any known future requirements. This comparison must be made available for public review.
2. [Any] An interested party may appeal from the findings of the comparison to the interim finance committee, which may approve or modify the findings or reverse the decision of the [board.] director.
Sec. 17. NRS 233F.150 is hereby amended to read as follows:
233F.150 All state agencies shall provide the [board] director with any information which the [board] director requests for the purpose of implementing the provisions of this chapter except where the disclosure of such information is expressly prohibited by law, and otherwise cooperate and assist to the maximum extent possible in the development and joint use of the state communications system.
Sec. 18. NRS 233F.160 is hereby amended to read as follows:
233F.160 1. The [board] department may be substituted as the contracting party for [any] a state agency in [any] existing agreements entered into by the agency respecting shared facilities for communications. If substituted, the [board] department succeeds to all the rights and obligations of the substituted agency created by the agreement.
2. The [board] department may collect and receive fees due on those agreements and any other agreements the [board] department enters pursuant to the provisions of this chapter. All these fees must be deposited in the fund for [the communications division of the department of] information services created pursuant to NRS [233F.148] 242.211 and used by the [board] department to defray the costs of the state communications system.
3. All gifts of money which the [board] department is authorized to accept must be deposited in the fund for information services and used for the purpose specified by the donor or for the purpose of carrying out the provisions of this chapter.
Sec. 19. NRS 233F.260 is hereby amended to read as follows:
233F.260 The board shall provide advice to the telecommunications [division] unit on the use of telecommunications by the state government , including:
1. The development of policies, standards, plans and designs;
2. The procurement of systems, facilities and services;
3. The integration of telecommunications systems with other state and local governmental systems; and
4. New technology that may become or is available.
Sec. 20. NRS 233F.270 is hereby amended to read as follows:
233F.270 1. The telecommunications [division,] unit, with the advice of the board, shall:
(a) Plan, carry out and administer a state telecommunications system. When available at a competitive cost, the [division] telecommunications unit shall use the facilities of telephone companies providing local exchange service.
(b) Make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices in one or more buildings as may be practical or feasible.
2. The system must be integrated and may include services between the state and any cities, counties and schools.
3. The [division] department may consider for the system all the telecommunications requirements of the state and its political subdivisions.
Sec. 21. NRS 239.073 is hereby amended to read as follows:
239.073 1. The committee to approve schedules for the retention and disposition of official state records, consisting of six members, is hereby created.
2. The committee consists of:
(a) The secretary of state;
(b) The attorney general;
(c) The director of the department of administration;
(d) The state librarian;
(e) The director of the department of information [services;] technology; and
(f) One member who is a representative of the general public appointed by the governor.
All members of the committee, except the representative of the general public, are ex officio members of the committee.
3. The secretary of state or a person designated by him shall serve as chairman of the committee. The state librarian shall serve as secretary of the committee and prepare and maintain the records of the committee.
4. The committee shall meet at least quarterly and may meet upon the call of the chairman.
5. An ex officio member of the committee may designate a person to represent him at any meeting of the committee. The person designated may exercise all the duties, rights and privileges of the member he represents.
6. The committee may adopt rules and regulations for its management.
Sec. 22. NRS 277.185 is hereby amended to read as follows:
277.185 1. The agencies of this state, and the local governments within this state, that collect taxes or fees from persons engaged in business, or require such persons to provide related information and forms, shall coordinate their collection of information and forms so that each enterprise is required to furnish information in as few separate reports as possible. This section applies specifically, but is not limited, to the department of taxation, the employment security division of the department of employment, training and rehabilitation, the state department of conservation and natural resources, the state industrial insurance system, and the counties and cities that require a business license.
2. On or before October 1 of each year, the executive director of the department of taxation shall convene the heads, or persons designated by the respective heads, of the state agencies named in subsection 1 and the appropriate officers of the cities and counties that require a business license. The secretary of state, a representative of the Nevada Association of Counties and a representative of the Nevada League of Cities must be invited to attend the meeting. If he knows, or is made aware by persuasive information furnished by any enterprise required to pay a tax or fee or to provide information, that any other state or local agency needs to participate to accomplish the purpose set forth in subsection 1, he shall also invite the head of that agency or the appropriate officer of the local government, and the person so invited shall attend. The director of the department of information [services] technology shall assist in effecting the consolidation of the information and the creation of the forms.
3. The persons so assembled shall design and modify, as appropriate, the necessary joint forms for use during the ensuing fiscal year to accomplish the purpose set forth in subsection 1. If any dispute cannot be resolved by the participants, it must be referred to the Nevada tax commission for a decision that is binding on all parties.
Sec. 23. NRS 284.172 is hereby amended to read as follows:
284.172 1. The director shall prepare, maintain and revise as necessary a list of all positions in the classified service that consist primarily of performing data processing.
2. The request of [any] an appointing authority that is required to use the equipment or services of the department of information [services] technology for a new position or the reclassification of an existing position to a position included on the list required by subsection 1 must be submitted to the director of the department of information [services] technology for approval before submission to the department of personnel.
Sec. 24. NRS 388.368 is hereby amended to read as follows:
388.368 1. The state board of education shall adopt a comprehensive program to provide pupils with the skills to make the transition from school to work. The state board of education shall develop, implement and review the program with the assistance of the assisting agencies and the business community that will be included in the partnerships established pursuant to paragraph (a) of subsection 3.
2. The program to provide pupils with the skills to make the transition from school to work must be designed to achieve the following objectives:
(a) To provide all pupils with an equal opportunity to learn about and explore various career options before the completion of middle school.
(b) To provide career counseling for all pupils during the 9th and 10th grades.
(c) To provide all pupils with an equal opportunity to achieve high academic standards and to obtain training in occupations that earn high wages.
(d) To strengthen and expand existing technical and vocational education programs adopted pursuant to the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. §§ 2301 et seq.).
(e) To adopt a system for issuing certificates of technical or vocational proficiency.
(f) To adopt a curriculum and a system to allow pupils and students to participate in educational activities in the workplace.
(g) To provide all pupils with programs of job training and placement or programs for preparation for postsecondary education during the 12th grade.
(h) To strengthen the relationship between the business community and school districts to promote job training and internships.
(i) To encourage statewide participation in the program.
(j) To meet the continuing educational and developmental needs of teachers and employees of the school district.
(k) To adopt a process to evaluate the program and to integrate improvements into the program.
3. To be eligible to receive funding for and to participate in the program established pursuant to this section, a school district or a community college must submit to the state board of education an application that includes:
(a) A description of the partnership between the school district or community college and the business community that will be established to carry out the program adopted pursuant to this section. The partnership must consist of employers, representatives of local educational agencies, local postsecondary educational institutions, representatives of labor organizations, pupils, parents and persons representing rehabilitation, employment and training services.
(b) A plan that describes how the partnership will carry out the objectives of the program, including specific requirements for periodic review and approval by the members of the partnership representing the business community of the means of obtaining those objectives. The members of the partnership who perform the periodic review shall make a determination of whether the program is actually improving the [participants'] skills of the participants to make the transition from school to work. The members of the partnership who perform the periodic review must include employers who are likely to hire pupils who complete the program as well as other employers who are active in the establishment of programs for job training and placement.
(c) A description of an annual evaluation to be conducted by the partnership and used to measure the success of the program. The results of the evaluation must be submitted to the state board of education and contain specific comments from the members of the partnership representing the business community regarding the effectiveness of the program in producing pupils who are ready for employment in the workplace.
(d) Other information the state board of education may require to determine the eligibility of the school district to participate in the program.
4. The state board of education, after consultation with the assisting agencies, shall submit a report containing its findings, conclusions and recommendations regarding the program adopted pursuant to this section to each session of the legislature.
5. As used in this section, "assisting agencies" means the commission on economic development, the department of employment, training and rehabilitation, the welfare division of the department of human resources, the department of information [services,] technology, the state industrial insurance system, the division of state library and archives of the department of museums, library and arts and the University and Community College System of Nevada.
Sec. 25. NRS 459.742 is hereby amended to read as follows:
459.742 The commission, in carrying out its duties and within the limits of legislative appropriations and other available money, may:
1. Enter into contracts, leases or other agreements or transactions;
2. Provide grants of money to local emergency planning committees to improve their ability to respond to emergencies involving hazardous materials;
3. Assist with the development of comprehensive plans for responding to such emergencies in this state;
4. Provide technical assistance and administrative support to the telecommunications [division] unit of the communication and computing division of the department of information [services] technology for the development of systems for communication during such emergencies;
5. Provide technical and administrative support and assistance for training programs;
6. Develop a system to provide public access to data relating to hazardous materials;
7. Support any activity or program eligible to receive money from the contingency fund for hazardous materials;
8. Adopt regulations setting forth the manner in which the division of emergency management of the department of motor vehicles and public safety [must:] shall:
(a) Allocate money received by the division which relates to hazardous materials or is received pursuant to Public Law 99-499 or Title I of Public Law 93-633; and
(b) Approve programs developed to address planning for and responding to emergencies involving hazardous materials; and
9. Coordinate the activities administered by state agencies to carry out the provisions of chapter 459 of NRS, Public Law 99-499 and Title I of Public Law 93-633.
Sec. 26. NRS 233F.050, 233F.121, 233F.131, 233F.148, 242.213 and 242.215 are hereby repealed.
Sec. 27. This act becomes effective on July 1, 1997.
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