KRS § 42.726 — KY Code / Title VI / Chapter 42 / Section 42.726
42.726 Roles, duties, and permissible activities for Commonwealth Office of Technology -- Duties of Archives and Records Commission and Department for Libraries and Archives not affected -- Annual report concerning security breaches
Status: in_force

42.726 Roles, duties, and permissible activities for Commonwealth Office of

Technology -- Duties of Archives and Records Commission and Department

for Libraries and Archives not affected -- Annual report concerning security

breaches.

(1) The Commonwealth Office of Technology shall be the lead organizational entity

within the executive branch regarding delivery of information technology services,

including application development and delivery, and shall serve as the single

information technology authority for the Commonwealth.

(2) The roles and duties of the Commonwealth Office of Technology shall include but

not be limited to:

(a) Providing technical support and services to all executive agencies of state

government in the application of information technology;

(b) Assuring compatibility and connectivity of Kentucky's information systems;

(c) Developing strategies and policies to support and promote the effective

applications of information technology within state government as a means of

saving money, increasing employee productivity, and improving state services

to the public, including electronic public access to information of the

Commonwealth;

(d) Developing, implementing, and managing strategic information technology

directions, standards, and enterprise architecture, including implementing

necessary management processes to ensure full compliance with those

directions, standards, and architecture;

(e) Promoting effective and efficient design and operation of all major

information resources management processes for executive branch agencies,

including improvements to work processes;

(f) Developing, implementing, and maintaining the technology infrastructure of

the Commonwealth and all related support staff, planning, administration,

asset management, and procurement for all executive branch cabinets and

agencies except:

1. Agencies led by a statewide elected official;

2. The nine (9) public institutions of postsecondary education;

3. The Department of Education's services provided to local school

districts;

4. The Kentucky Retirement Systems, the County Employees Retirement

System, the Kentucky Public Pensions Authority, and the Teachers'

Retirement System;

5. The Kentucky Housing Corporation;

6. The Kentucky Lottery Corporation;

7. The Kentucky Higher Education Student Loan Corporation; and

8. The Kentucky Higher Education Assistance Authority;

(g) Facilitating and fostering applied research in emerging technologies that offer

the Commonwealth innovative business solutions;

(h) Reviewing and overseeing large or complex information technology projects

and systems for compliance with statewide strategies, policies, and standards,

including alignment with the Commonwealth's business goals, investment,

and other risk management policies. The executive director is authorized to

grant or withhold approval to initiate these projects;

(i) Integrating information technology resources to provide effective and

supportable information technology applications in the Commonwealth;

(j) Establishing the central statewide geographic information clearinghouse to

maintain map inventories, information on current and planned geographic

information systems applications, information on grants available for the

acquisition or enhancement of geographic information resources, and a

directory of geographic information resources available within the state or

from the federal government;

(k) Coordinating multiagency information technology projects, including

overseeing the development and maintenance of statewide base maps and

geographic information systems;

(l) Providing access to both consulting and technical assistance, and education

and training, on the application and use of information technologies to state

and local agencies;

(m) In cooperation with other agencies, evaluating, participating in pilot studies,

and making recommendations on information technology hardware and

software;

(n) Providing staff support and technical assistance to the Geographic

Information Advisory Council and the Kentucky Information Technology

Advisory Council;

(o) Overseeing the development of a statewide geographic information plan with

input from the Geographic Information Advisory Council;

(p) Developing for state executive branch agencies a coordinated security

framework and model governance structure relating to the privacy and

confidentiality of personal information collected and stored by state executive

branch agencies, including but not limited to:

1. Identification of key infrastructure components and how to secure them;

2. Establishment of a common benchmark that measures the effectiveness

of security, including continuous monitoring and automation of

defenses;

3. Implementation of vulnerability scanning and other security

assessments;

4. Provision of training, orientation programs, and other communications

that increase awareness of the importance of security among agency

employees responsible for personal information; and

5. Development of and making available a cyber security incident response

plan and procedure;

(q) Establishing, publishing, maintaining, and implementing comprehensive

policy standards and procedures for the responsible, ethical, and transparent

use of generative artificial intelligence systems and high-risk artificial

intelligence systems by departments, agencies, and administrative bodies,

including but not limited to policy standards and procedures that:

1. Govern their procurement, implementation, and ongoing assessment;

2. Address and provide resources for security of data and privacy; and

3. Create guidelines for acceptable use policies for integrating high-risk

artificial intelligence systems; and

(r) Preparing proposed legislation and funding proposals for the General

Assembly that will further solidify coordination and expedite implementation

of information technology systems.

(3) The Commonwealth Office of Technology may:

(a) Provide general consulting services, technical training, and support for

generic software applications, upon request from a local government, if the

executive director finds that the requested services can be rendered within the

established terms of the federally approved cost allocation plan;

(b) Promulgate administrative regulations in accordance with KRS Chapter 13A

necessary for the implementation of KRS 42.720 to 42.742, 45.253, 171.420,

186A.040, and 186A.285;

(c) Solicit, receive, and consider proposals from any state agency, federal agency,

local government, university, nonprofit organization, private person, or

corporation;

(d) Solicit and accept money by grant, gift, donation, bequest, legislative

appropriation, or other conveyance to be held, used, and applied in accordance

with KRS 42.720 to 42.742, 45.253, 171.420, 186A.040, and 186A.285;

(e) Make and enter into memoranda of agreement and contracts necessary or

incidental to the performance of duties and execution of its powers, including

but not limited to agreements or contracts with the United States, other state

agencies, and any governmental subdivision of the Commonwealth;

(f) Accept grants from the United States government and its agencies and

instrumentalities, and from any source, other than any person, firm, or

corporation, or any director, officer, or agent thereof that manufactures or

sells information resources technology equipment, goods, or services. To

these ends, the Commonwealth Office of Technology shall have the power to

comply with those conditions and execute those agreements that are

necessary, convenient, or desirable; and

(g) Purchase interest in contractual services, rentals of all types, supplies,

materials, equipment, and other services to be used in the research and

development of beneficial applications of information resources technologies.

Competitive bids may not be required for:

1. New and emerging technologies as approved by the executive director

or her or his designee; or

2. Related professional, technical, or scientific services, but contracts shall

be submitted in accordance with KRS 45A.690 to 45A.725.

(4) Nothing in this section shall be construed to alter or diminish the provisions of KRS

171.410 to 171.740 or the authority conveyed by these statutes to the Archives and

Records Commission and the Department for Libraries and Archives.

(5) The Commonwealth Office of Technology shall, on or before October 1 of each

year, submit to the Legislative Research Commission a report in accordance with

KRS 57.390 detailing:

(a) Any security breaches that occurred within organizational units of the

executive branch of state government during the prior fiscal year that required

notification to the Commonwealth Office of Technology under KRS 61.932;

(b) Actions taken to resolve the security breach, and to prevent additional security

breaches in the future;

(c) A general description of what actions are taken as a matter of course to protect

personal data from security breaches; and

(d) Any quantifiable financial impact to the agency reporting a security breach.