First Regular Session H.B. 2449
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2449
(Reference to the proposed LESKO s/e amendment dated 03/09/17; 09:34 a.m.)
Page 1, line 4, after the semicolon insert "contracts for software projects;"
Between lines 22 and 23, insert:
"C. Except as provided in subsection D of this section, Any budget unit computer software project shall be based on a competitive, fixed-price contract that is approved by the information technology authorization committee.
D. a BUDGET UNIT COMPUTER SOFTWARE PROJECT may be based on a contract that includes, in whole or in part, time and material provisions if both of the following apply:
1. the total cost of the project does not exceed twenty thousand dollars.
2. The project and contract are approved by the COMMITTEE.
E. On the effective date of this section, all billable work being done pursuant to an existing budget unit software development contract that includes, in whole or in part, time and material provisions shall be suspended until the contract is updated or replaced to comply with subsections C and D of this section and approved by the COMMITTEE.
F. if a budget unit computer software project exceeds five percent of the project's estimated cost, the billable work on the project shall be suspended immediately until the COMMITTEE does all of the following:
1. fully reviews the project.
2. Makes recommendations or modifications, or both, to the project if necessary.
3. approves the continued work on the project."
Reletter to conform
Page 2, between lines 5 and 6, insert:
"Sec. 2. Section 18-121, Arizona Revised Statutes, is amended to read:
18-121. Information technology authorization committee; members; terms; duties; compensation; definition
A. The information technology authorization committee is established consisting of the following members:
1. One member of the house of representatives who is appointed by the speaker of the house of representatives and who shall serve as an advisory member.
2. One member of the senate who is appointed by the president of the senate and who shall serve as an advisory member.
3. Four members from private industry who are appointed by the governor pursuant to section 38‑211, or their designees, and who are knowledgeable in information technology.
4. One local government member and one federal government member who are appointed by the governor and who shall serve as advisory members.
5. Two members who are directors of state agencies and who are appointed by the governor, or their designees.
6. The administrative director of the courts or the director's designee.
7. The director of the department of administration or the director's designee, who shall be the chairperson of the committee but for all other purposes shall serve as an advisory member.
8. Two members from either private industry or state government who are appointed by the governor, or their designees.
9. The staff director of the joint legislative budget committee, or the staff director's designee, who shall serve as an advisory member.
B. Committee members who are from private industry serve two-year terms. The other members serve at the pleasure of their appointing officers.
C. For all budget units and the legislative and judicial branches of state government, the committee shall:
1. Review established statewide information technology standards and the statewide information technology plan.
2. Review the minimum qualifications established by the director for each position authorized for the department for information technology.
3. Approve or disapprove all proposed information technology projects, including project changes and contract amendments, that exceed a total cost of one million dollars, excluding public monies from county, municipal and other political subdivision sources that are not deposited in a state fund. As part of a budget request for an information technology project that has total costs of more than one million dollars, a budget unit and the legislative and judicial branches of state government shall indicate the status of review by the committee. Projects shall not be artificially divided to avoid review by the committee.
4. Develop a report format that incorporates the life cycle life‑cycle analysis for use in submitting project requests to the committee.
5. Require expenditure and activity reports from a budget unit or the legislative or judicial branch of state government on implementing information technology projects approved by the committee.
6. Conduct periodic reviews on the progress of implementing information technology projects approved by the committee.
7. Monitor information technology projects that the committee considers to be major or critical.
8. Temporarily suspend the expenditure of monies if the committee determines that the information technology project is at risk of failing to achieve its intended results or does not comply with the requirements of this chapter.
9. Hear and decide appeals made by budget units regarding the department's rejection of their proposed information technology plans or projects.
10. Report to the governor, the speaker of the house of representatives, the president of the senate and the secretary of state at least annually on all matters concerning its objectives. This includes:
(a) Its review of the statewide information technology plan developed by the department.
(b) The findings and conclusions of its periodic reviews.
(c) Its recommendations on desirable legislation relating to information technology.
11. Adopt rules it deems necessary or desirable to further the objectives and programs of the committee.
D. In addition to the duties prescribed in subsection C of this section, the committee shall review software contracts and projects pursuant to section 18-106.
D. E. The committee shall meet at the call of the chairperson.
E. F. Members of the committee are not eligible to receive compensation but are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2.
F. G. For the purposes of this section, "advisory member" means a member who gives advice to the other members of the committee at committee meetings but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable."
Amend title to conform