SB12 - Revises provisions relating to the Office of the Chief Information Officer within the Office of the Governor. (BDR 19-280)

- 83rd Session (2025) Senate Bill No. 12–Committee on Government Affairs CHAPTER.......... AN ACT relating to governmental administration; creating and setting forth the composition of the Governor’s Technology Office within the Office of the Governor; transferring the powers and duties of the Office of the Chief Information Officer within the Office of the Governor to the Governor’s Technology Office; revising the classification and duties of the Deputy Chief of the Office of Information Security; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Office of the Chief Information Officer within the Office of the Governor, consisting of certain units, offices and other units, groups divisions or departments. (NRS 242.080) Existing law sets forth certain duties and responsibilities of the Office of the Chief Information Officer, including providing certain information services to state agencies, elected state officers and, under certain circumstances, agencies not under the control of the Governor and local government agencies. (NRS 242.131, 242.141) Section 6 of this bill renames the Office of the Chief Information Officer as the Governor’s Technology Office. Sections 1, 3-5, 7, 9, 11-14, 16, 18 and 23-30 of this bill make conforming changes by applying various provisions of the Nevada Revised Statutes relating to the Office of the Chief Information Officer instead to the Governor’s Technology Office. Existing law provides that the Office of the Chief Information Officer is composed of: (1) the Administration Unit; (2) the Client Services Unit; (3) the Computing Services Unit; (4) the Network Services Unit, including a Network Transport Services Group and a Telecommunications Group; (5) the Office of Information Security; and (6) certain other units, groups, divisions or departments deemed necessary by the Chief Information Officer. (NRS 242.080) Section 6 provides instead that the Governor’s Technology Office is composed of: (1) the Director’s Office; (2) the Client Services Division; (3) the Computing Services Division; (4) the Network Services Division, including a Network Transport Services Unit and a Unified Communications Unit; (5) the Office of Information Security; and (6) certain other units, groups, divisions or departments deemed necessary by the Chief Information Officer. Sections 10, 17, 19-22 and 25 of this bill make conforming changes to apply various provisions of the Nevada Revised Statutes relating to the former units, groups, offices, divisions or departments of the Office of the Chief Information Officer instead to the units, groups, offices, divisions or departments of the Governor’s Technology Office. Existing law requires the Chief Information Officer to appoint a Deputy Chief of the Office of Information Security who is in the classified service of the State. (NRS 242.101) Section 7 instead places the Deputy Chief of the Office of Information Security in the unclassified service of the State. Section 31 of this bill clarifies that the person who is in the position of Deputy Chief of the Office on July 1, 2025, is in the classified service and must remain in the classified service until he or she vacates that position. Existing law creates an Information Technology Advisory Board, which has various duties including: (1) advising the Office of the Chief Information Officer concerning issues relating to information technology; (2) periodically reviewing the Office’s statewide strategic plans and standards manual for information technology; – 2 – - 83rd Session (2025) (3) reviewing the Office’s budget; and (4) consulting and coordinating with state agencies on certain regulations, policies, standards and guidelines. (NRS 242.122, 242.124, 242.125) Section 8 of this bill replaces the Director of the Department of Administration as a member of the Advisory Board with the Chief Information Officer. Existing law: (1) requires the Chief of the Office of Information Security to investigate and resolve certain breaches related to an information system of a state agency or elected official in certain circumstances; and (2) authorizes the Chief of the Office of Information Security to notify members of certain boards and commissions of a breach of certain information systems in certain circumstances. (NRS 242.183) Section 9 instead: (1) requires the Deputy Chief of the Office of Information Security to investigate and resolve such breaches; and (2) authorizes the Deputy Chief to provide such notifications. Senate Bill No. 431 of the 2023 Legislative Session eliminated the Division of Enterprise Information Technology Services of the Department of Administration and transferred the powers and duties of the Division to the Office of the Chief Information Officer. (Chapter 532, Statutes of Nevada 2023, at page 3544) Existing law defines the terms “Administrator,” “Department” and “Division” as they relate to the former Division. (NRS 233F.015, 233F.055, 233F.059, 242.013, 242.031, 242.045) Section 34 of this bill repeals these obsolete definitions. Sections 2 and 15 of this bill make conforming changes to eliminate references to certain repealed definitions. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. 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 Library, Archives and Public Records Administrator; (e) The Chief of the Governor’s Technology Office [of the Chief Information Officer] within the Office of the Governor; 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 the Secretary of State shall serve as Chair of the Committee. The State Library, Archives and Public Records Administrator shall serve as – 3 – - 83rd Session (2025) 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 Chair. 5. An ex officio member of the Committee may designate a person to represent the ex officio member at any meeting of the Committee. The person designated may exercise all the duties, rights and privileges of the member that the person represents. 6. The Committee may adopt rules and regulations for its management. Sec. 2. NRS 242.011 is hereby amended to read as follows: 242.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [242.013] 242.015 to 242.068, inclusive, have the meanings ascribed to them in those sections. Sec. 3. NRS 242.017 is hereby amended to read as follows: 242.017 “Chief” or “Chief Information Officer” means the Chief of the Governor’s Technology Office [of the Chief Information Officer] within the Office of the Governor. Sec. 4. NRS 242.062 is hereby amended to read as follows: 242.062 “Office” means the Governor’s Technology Office [of the Chief Information Officer] within the Office of the Governor. Sec. 5. NRS 242.071 is hereby amended to read as follows: 242.071 1. The Legislature hereby determines and declares that the creation of the Governor’s Technology Office [of the Chief Information Officer] within the Office of the Governor is necessary for the coordinated, orderly and economical processing of data and 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 Office 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 and, as authorized, of local governmental agencies. Sec. 6. NRS 242.080 is hereby amended to read as follows: 242.080 1. The Governor’s Technology Office [of the Chief Information Officer] is hereby created within the Office of the Governor. 2. The Office consists of the Chief Information Officer and: (a) The [Administration Unit.] Director’s Office. The Chief is the head of the [Administration Unit.] Director’s Office. (b) The Client Services [Unit.] Division. – 4 – - 83rd Session (2025) (c) The Computing Services [Unit.] Division. (d) The Network Services [Unit.] Division. (e) The Office of Information Security. (f) Other units, groups, divisions or departments deemed necessary by the Chief to the extent such functions are supported by the appropriations allocated to the functions of the Office. 3. A Network Transport Services [Group] Unit and a [Telecommunications Group] Unified Communications Unit are hereby created within the Network Services [Unit] Division of the Office. Sec. 7. NRS 242.101 is hereby amended to read as follows: 242.101 1. The Chief Information Officer shall: (a) Appoint a Deputy Chief of the Office of Information Security who is in the [classified] unclassified service of the State; (b) Administer the provisions of this chapter and other provisions of law relating to the duties of the Governor’s Technology Office ; [of the Chief Information Officer;] (c) Employ, within the limits of the approved budget of the Office, such other staff as is necessary for the performance of the duties of the Office; and (d) Carry out other duties and exercise other powers specified by law. 2. The Chief may form committees to establish standards and determine criteria for evaluation of policies relating to informational services. Sec. 8. NRS 242.122 is hereby amended to read as follows: 242.122 1. There is hereby created an Information Technology Advisory Board. The Board consists of: (a) One member appointed by the Majority Floor Leader of the Senate from the membership of the Senate Standing Committee on Finance. (b) One member appointed by the Speaker of the Assembly from the membership of the Assembly Standing Committee on Ways and Means. (c) Two representatives of using agencies which are major users of the services of the Office. The Governor shall appoint the two representatives. Each such representative serves for a term of 4 years. For the purposes of this paragraph, an agency is a “major user” if it is among the top five users of the services of the Office, based on the amount of money paid by each agency for the services of the Office during the immediately preceding biennium. (d) The [Director] Chief of the [Department] Office or his or her designee. – 5 – - 83rd Session (2025) (e) The Attorney General or his or her designee. (f) Five persons appointed by the Governor as follows: (1) Three persons who represent a city or county in this State, at least one of whom is engaged in information technology or information security; and (2) Two persons who represent the information technology industry but who: (I) Are not employed by this State; (II) Do not hold any elected or appointed office in State Government; (III) Do not have an existing contract or other agreement to provide information services, systems or technology to an agency of this State; and (IV) Are independent of and have no direct or indirect pecuniary interest in a corporation, association, partnership or other business organization which provides information services, systems or technology to an agency of this State. 2. Each person appointed pursuant to paragraph (f) of subsection 1 serves for a term of 4 years. No person so appointed may serve more than 2 consecutive terms. 3. At the first regular meeting of each calendar year, the members of the Board shall elect a Chair by majority vote. Sec. 9. NRS 242.183 is hereby amended to read as follows: 242.183 1. The Deputy Chief of the Office of Information Security shall investigate and resolve any breach of an information system of a state agency or elected officer that uses the equipment or services of the Governor’s Technology Office [of the Chief Information Officer] or an application of such an information system or unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of such an information system. 2. The Chief Information Officer or Deputy Chief of the Office of Information Security, at his or her discretion, may inform members of the Technological Crime Advisory Board created by NRS 205A.040, the Nevada Commission on Homeland Security created by NRS 239C.120 and the Information Technology Advisory Board created by NRS 242.122 of any breach of an information system of a state agency or elected officer or application of such an information system or unauthorized acquisition of computerized data or information that materially compromises the security, confidentiality or integrity of such an information system. – 6 – - 83rd Session (2025) Sec. 10. NRS 242.191 is hereby amended to read as follows: 242.191 1. Except as otherwise provided in subsection 3, the amount receivable from a state agency or officer or local governmental agency which uses the services of the Office must be determined by the Chief in each case and include: (a) The annual expense, including depreciation, of operating and maintaining the Network Services [Unit,] Division, 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 Chief shall prepare and submit monthly to the state agencies and officers and local governmental agencies for which services of the Office have been performed an itemized statement of the amount receivable from each state agency or officer or local governmental agency. 3. The Chief may authorize, if in his or her judgment the circumstances warrant, a fixed cost billing, including a factor for depreciation, for services rendered to a state agency or [Text truncated for display. Full text available on LegiScan.]