CO Code § 24-37.5-105 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 37.5 - Office of Information Technology|Part 1 - Office Created|§ 24-37.5-105. Office - Responsibilities - Rules

  The office is empowered to receive and expend grants, gifts, and bequests, specifically including state and federal funds and other funds available, and to contract with the United States and any other legal entities with respect thereto.    Contributions of advanced technology equipment, grants, gifts, or bequests from private sources, including but not limited to advanced technology companies, individuals, and foundations, may be designated by the office to a specific state entity or may be nondesignated.    The office shall:   (Deleted by amendment,L. 2006, p. 1727, § 5, effective June 6, 2006.)    Develop and encourage a world wide web-based state government and facilitate the dissemination of information onto the web;    Evaluate and streamline systemwide business practices for the purpose of finding methods for the enhanced utilization of technology;    to (f) (Deleted by amendment,L. 2006, p. 1727, § 5, effective June 6, 2006.)   Initiate or approve all procurements of information technology resources, enterprise facilities, and any goods or services related to such procurements for state agencies and enter into any agreement, contract, or enterprise agreement in connection with such procurements on behalf of a state agency or agencies; (3.5) Repealed.            The office shall establish policies and procedures for acceptable project plans, project budgets, and feasibility studies for projects of all sizes, including major information technology projects. (4) (a) The office shall establish policies and procedures for acceptable project plans, project budgets, and feasibility studies for projects of all sizes, including major information technology projects.    (Deleted by amendment,L. 2008, p. 1115, § 4, effective May 22, 2008.)    As part of any major information technology project by a state agency, classified as such according to a comprehensive risk assessment performed by the office, the project plan at a minimum shall include:   The identification of a project manager;    A business case for the project that is in alignment with the strategic goals of the state agency;    Business requirements for the project developed in collaboration with the state agency and end users;    Information security requirements and best practices;    A disaster recovery plan;    Consideration of and inclusion in the business continuity plan of the state agency;    Independent verification and validation of the project;    A funding strategy for the ongoing maintenance and eventual disposal of the information technology system;    A planning and analysis function to be performed by the office to ensure that the state agency's desired major information technology project solution is in accordance with the office's technology standards and to ensure that the scope and budget of the major information technology project are vetted by the office; and    A change management plan developed in collaboration with the state agency.       In connection with any major information technology project that it plans to undertake, a state agency shall:   Consult with the office on the development of the project plan for any major information technology project;    Submit and obtain approval from the office of the project plan for any major information technology project before commencing work on the project;    (A) Consult with and obtain approval from the office of significant changes to the plan or budget of any major information technology project.    Consult with and obtain approval from the office for changes to the funding strategy for the ongoing maintenance and eventual disposal of a major information technology system. (4.5) On or before December 1, 2018, the office shall establish policies and procedures regarding a vendor selection standard to be used in selecting a vendor for any major information technology project classified as such by the office. The vendor selection standard shall include a process for resolving differences of opinion between the office and the state agency in the vendor selection for any major information technology project.          to       (Deleted by amendment,L. 2008, p. 1115, § 4, effective May 22, 2008.)    On or before September 1, 2009, and on or before September 1 each year thereafter, the chief information officer shall report to the state, veterans, and military affairs committees of the senate and house of representatives, or any successor committees, to the joint technology committee, and to the joint budget committee the following information for each emergency acquisition or purchase of information technology resources made in the preceding fiscal year:   The information technology resources purchased or acquired;    The amount of such purchase or acquisition; and    The emergency serving as the basis for such purchase or acquisition.       State agencies shall cooperate with the chief information officer and office in developing and implementing processes for the sharing of data and information with the office and between state agencies. The office shall determine and implement statewide efforts to standardize information technology resources to the extent possible and shall determine the ownership of information technology resources among state agencies.    Repealed.      By November 1, 2010, the office shall conduct a feasibility and requirements study to determine the cost to build an electronic budgeting system for the state. (11) (a) By November 1, 2010, the office shall conduct a feasibility and requirements study to determine the cost to build an electronic budgeting system for the state.    The electronic budgeting system should, at minimum:   Allow access by the principal departments of the executive branch of state government, as specified in section 24-1-110, the legislative branch agencies, the judicial department, the office of state public defender created in section 21-1-101, C.R.S., the office of alternate defense counsel created in section 21-2-101, C.R.S., the independent ethics commission established in section 24-18.5-101 (2)(a), the office of the child's representative created in section 13-91-104, C.R.S., the office of the child protection ombudsman created in section 19-3.3-102, C.R.S., the office of state planning and budgeting, and the joint budget committee staff;    Allow for the confidential development of the governor's annual budget request and the annual budget requests of the legislative branch agencies, the judicial department, the office of state public defender created in section 21-1-101, C.R.S., the office of alternate defense counsel created in section 21-2-101, C.R.S., the independent ethics commission established in section 24-18.5-101 (2)(a), the office of the child's representative created in section 13-91-104, C.R.S., and the office of the child protection ombudsman created in section 19-3.3-102, C.R.S.;    Allow for the confidential electronic communication of budget requests from each principal department of the executive branch of state government to the office of state planning and budgeting;    Allow for the electronic communication of the governor's annual budget request and the annual budget requests of the legislative branch agencies, the judicial department, the office of state public defender created in section 21-1-101, C.R.S., the office of alternate defense counsel created in section 21-2-101, C.R.S., the independent ethics commission established in section 24-18.5-101 (2)(a), the office of the child's representative created in section 13-91-104, C.R.S., and the office of the child protection ombudsman created in section 19-3.3-102, C.R.S., to the joint budget committee staff;    Allow the office of state planning and budgeting to confidentially edit and finalize the budget requests of the principal departments of the executive branch of state government;    Allow the joint budget committee staff to view the final version of the governor's annual budget requests and the budget requests of the legislative branch agencies, the judicial department, the office of state public defender created in section 21-1-101, C.R.S., the office of alternate defense counsel created in section 21-2-101, C.R.S., the independent ethics commission established in section 24-18.5-101 (2)(a), the office of the child's representative created in section 13-91-104, C.R.S., and the office of the child protection ombudsman created in section 19-3.3-102, C.R.S.;    Include security features that lock certain users from accessing the system at certain points during the budget preparation cycle;    Allow the joint budget committee staff to use the system to track supplemental appropriation bills, the annual general appropriation act, and any substantive budget legislation being considered by the general assembly; and    Allow the office of state planning and budgeting to use the system to track supplemental appropriation bills, the annual general appropriation act, and any substantive budget legislation being considered for signature by the governor.       The feasibility and requirements study should also assess the cost and feasibility to implement the following potential system components:   A web-based interface that will allow the principal departments of the executive branch of state government to upload and submit budget documents and requests to the office of state planning and budgeting;    A web-based interface that will allow the legislative branch agencies, the judicial department, the office of state public defender created in section 21-1-101, C.R.S., the office of alternate defense counsel created in section 21-2-101, C.R.S., the independent ethics commission established in section 24-18.5-101 (2)(a), the office of the child's representative created in section 13-91-104, C.R.S., and the office of the child protection ombudsman created in section 19-3.3-102, C.R.S., to upload and submit budget documents and requests to the joint budget committee staff;    The ability to produce a draft and final annual general appropriation act by the joint budget committee staff;    Compatibility with the joint budget committee's current budget preparation system; and    Potential incorporation of or interaction with other state human resources and financial systems for data collection and tracking, including but not limited to the Colorado financial reporting system.       The office shall provide a copy of its feasibility and requirements study to the joint budget committee no later than November 15, 2010. The office shall make a request for funding to the joint budget committee, if necessary, by November 1, 2010.       In conjunction with the efforts of the office of the chief information security officer regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the office shall consider the annual metrices created pursuant to section 24-37.5-407 (3) to recommend programs, contracts, and upgrades of data systems that have good cost-benefit potential or return on investment.    Beginning on May 30, 2018, in the administration of any new major information technology project, the office, in conjunction with the state agency with which it is working, shall evaluate the potential use of blockchain and distributed ledger technologies as part of the project.    The office shall conduct an assessment and bring recommendations for distributed ledger or blockchain implementations to the joint technology committee of the general assembly. The study must produce recommendations of potential use cases where blockchain or distributed ledger technologies can be implemented inside of state technology solutions.     (g) Coordinate with and provide assistance, advice, and expertise in connection with business relationships between state agencies and private sector providers of information technology resources. Such assistance shall include efforts that strengthen and create efficiencies in those business relationships.   (h) Oversee and supervise the maintenance of information, information technology, and the initiation of any information technology updates or projects for state agencies;   (j) Provide information and expertise, to the extent possible, regarding interoperable and emergency communications planning, technology, training, and funding opportunities to state, regional, tribal, and local agencies and emergency personnel and all other stakeholders, including but not limited to public, private, and nongovernmental organizations;   (k) Develop a comprehensive risk assessment that will be applied to every new information technology project to assess risk levels related to the project and determine whether the project should be classified as a major information technology project;   (l) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office;   (m) Establish, maintain, and keep a separate inventory of information technology equipment valued in excess of one hundred thousand dollars owned by or held in trust for every state agency; and   (n) Develop a policy for the office's use of external vendors, including the statewide internet portal authority created in section 24-37.7-102, in delivering electronic information, products, and services, as defined in section 24-37.7-102.   Source: L. 99: Entire article added with relocations, p. 867, § 1, effective July 1. L. 2006: (3) amended, p. 1727, § 5, effective June 6; (4), (5), (6), and (7) added, p. 1722, § 2, effective June 6. L. 2007: (6) amended, p. 914, § 9, effective May 17. L. 2008: (3)(g), (3)(h), (3)(i), (8), and (9) added and (4), (5), (6), and (7) amended, pp. 1114, 1115, §§ 3, 4, effective May 22. L. 2010: (10) added, (SB 10-032), ch. 98, p. 336, § 2, effective April 15; (3.5) added, (HB 10-1401), ch. 367, p. 1730, § 2, effective June 7; (11)(b)(I), (11)(b)(II), (11)(b)(IV), (11)(b)(VI), and (11)(c)(II) amended, (HB 10-1404), ch. 405, p. 2005, § 7, effective June 10; (11) added, (HB 10-1119), ch. 340, p. 1573, § 9, effective August 11. L. 2011: (3)(h) and (3)(i) amended, (SB 11-062), ch. 128, p. 429, § 2, effective April 22; (3)(h) and (3)(i) amended and (3)(j) added, (SB 11-173), ch. 310, p. 1517, § 5, effective June 10. L. 2012: (10)(a) and (10)(m) amended, (SB 12-096), ch. 59, p. 215, § 1, effective March 24; (3)(i), (3)(j), and (4)(a) amended and (3)(k), (4)(c), and (4)(d) added, (HB 12-1288), ch. 67, p. 233, § 3, effective August 8. L. 2013: (3)(l) added and IP(3.5)(a), (3.5)(b), and IP(8) amended, (HB 13-1079), ch. 246, p. 1191, § 3, effective May 18. L. 2014: (3)(k) and (3)(l) amended and (3)(m) added, (HB 14-1387), ch. 378, p. 1843, § 45, effective June 6. L. 2015: (11)(b)(I), (11)(b)(II), (11)(b)(IV), (11)(b)(VI), and (11)(c)(II) amended, (SB 15-204), ch. 264, p. 1029, § 10, effective June 2; (3)(i) and IP(8) amended, (HB 15-1213), ch. 83, p. 241, § 2, effective August 5. L. 2018: (12), (13), and (14) added, (SB 18-086), ch. 319, p. 1919, § 6, effective May 30; (4)(c)(VII) and (4)(c)(VIII) amended and (4)(c)(IX) and (4.5) added, (HB 18-1421), ch. 395, p. 2355, § 3, effective June 6. L. 2019: (3)(l), (3)(m), (4)(c)(VIII), and (4)(c)(IX) amended and (3)(n) and (4)(c)(X) added, (SB 19-251), ch. 253, p. 2448, § 1, effective May 23.   Editor's note: (1) Amendments to subsections (3)(h) and (3)(i) by Senate Bill 11-062 and Senate Bill 11-173 were harmonized.   (2) Subsection (3.5)(c) provided for the repeal of subsection (3.5) and subsection (10)(m) provided for the repeal of subsection (10), effective July 1, 2014. (SeeL. 2010, p. 1730 andL. 2012, p. 215.)   Cross references: (1) For the legislative declaration in the 2010 act adding subsection (10), see section 1 of chapter 98, Session Laws of Colorado 2010.   (2) In 2010, subsection (11) was added by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". For the short title, see section 1 of chapter 340, Session Laws of Colorado 2010.   (3) For the legislative declaration in the 2011 act amending subsections (3)(h) and (3)(i) and adding subsection (3)(j), see section 1 of chapter 310, Session Laws of Colorado 2011.   (4) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.