Montana Code Annotated 2023



Part 5. Information Technology -- Internet Privacy

Powers And Duties Of Department

2-17-512. Powers and duties of department. (1) The department is responsible for carrying out the planning and program responsibilities for information technology for state government, except the national guard. The department shall:

(a) encourage and foster the use of new and innovative information technology within state government;

(b) promote, coordinate, and approve the procurement or development of shared information technology application software, management systems, and information that provide similar functions for multiple state agencies;

(c) cooperate with the office of economic development to promote economic development initiatives based on information technology;

(d) establish and enforce a state strategic information technology plan as provided for in 2-17-521;

(e) establish and enforce statewide information technology policies, framework, controls, standards, procedures, and guidelines;

(f) review and approve state agency information technology plans provided for in 2-17-523;

(g) coordinate with the office of budget and program planning to evaluate budget requests that include information technology resources. The department shall make recommendations to the office of budget and program planning for the approval or disapproval of information technology budget requests, including an estimate of the useful life of the asset proposed for purchase and whether the amount should be expensed or capitalized, based on state accounting policy established by the department. An unfavorable recommendation must be based on a determination that the request is not provided for in the approved agency information technology plan provided for in 2-17-523.

(h) staff the information technology board provided for in 2-15-1021;

(i) fund the administrative costs of the information technology board provided for in 2-15-1021;

(j) review the use of information technology resources for all state agencies;

(k) review and approve state agency specifications and procurement methods for the acquisition of information technology resources;

(l) review, approve, and sign all state agency contracts and shall review and approve other formal agreements for information technology resources provided by the private sector and other government entities;

(m) broker, operate, and maintain information technology resources for the use of state government, political subdivisions, and other participating entities under terms and conditions established by the department;

(n) operate and maintain a state telecommunications network for the use of state government, political subdivisions, and other participating entities under terms and conditions established by the department;

(o) ensure that the state telecommunications network is properly maintained. The department may establish a centralized maintenance program for the state telecommunications network.

(p) provide access to digital information and services of the state as provided for in 2-17-532;

(q) provide assistance to the legislature, the judiciary, the governor, and state agencies relative to state and interstate information technology matters;

(r) establish rates and other charges for services provided by the department;

(s) accept federal funds granted by congress or by executive order and gifts, grants, and donations for any purpose of this section;

(t) dispose of personal property owned by it in a manner provided by law when, in the judgment of the department, the disposal best promotes the purposes for which the department is established;

(u) implement this part and all other laws for the use of information technology in state government;

(v) provide a biennial report to the state administration and veterans' affairs interim committee and to the legislature as provided in 5-11-210 on the information technology activities of the department;

(w) represent the state with public and private entities on matters of information technology; and

(x) provide full oversight authority over all custom-developed code for all state agencies.

(2) If it is in the state's best interest, the department may contract with qualified private organizations, foundations, or individuals to carry out the purposes of this section.

(3) The director of the department shall appoint the chief information officer to assist in carrying out the department's information technology duties.

History: En. Sec. 6, Ch. 313, L. 2001; amd. Sec. 1, Ch. 92, L. 2003; amd. Sec. 5, Ch. 114, L. 2003; amd. Sec. 4, Ch. 106, L. 2015; amd. Sec. 12, Ch. 261, L. 2021; amd. Sec. 2, Ch. 38, L. 2023; amd. Sec. 5, Ch. 365, L. 2023.