(b) The director of information systems and communications shall be in the unclassified service under the Kansas civil service act and shall be appointed by the secretary of administration.
(c) There are hereby established, within the division of information systems and communications, the offices of the deputy director of information systems and the deputy director of telecommunications who shall be appointed by the director of information systems and communications, subject to approval by the secretary of administration, and shall be in the unclassified service under the Kansas civil service act. The deputy director of information systems and the deputy director of telecommunications shall have such powers, duties and functions as are prescribed by the director of information systems and communications.
History: L. 1972, ch. 332, § 18; L. 1974, ch. 399, § 5; L. 1978, ch. 332, § 46; L. 1980, ch. 284, § 21; L. 1981, ch. 328, § 2; L. 1982, ch. 347, § 59; L. 1984, ch. 323, § 1; July 1.
History: L. 1972, ch. 332, § 18; L. 1974, ch. 399, § 5; L. 1978, ch. 332, § 46; L. 1980, ch. 284, § 21; L. 1981, ch. 299, § 35; Repealed, L. 1984, ch. 323, § 17; July 1.
(b) The director of information systems and communications shall be the successor in every way to the powers, duties and functions of the director of information systems and computing and division of information systems and computing in which the same were vested prior to July 1, 1984, except as otherwise provided by this act. Every act performed in the exercise of such powers, duties and functions by or under the authority of the director of information systems and communications shall be deemed to have the same force and effect as if performed by the director of information systems and computing and division of information systems and computing in which such functions were vested prior to July 1, 1984.
(c) Whenever the director of information systems and computing or the division of information systems and computing, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the director of information systems and communications.
History: L. 1972, ch. 332, § 19; L. 1974, ch. 399, § 6; L. 1980, ch. 284, § 22; L. 1984, ch. 323, § 3; July 1.
History: L. 1980, ch. 284, § 32; Repealed, L. 1984, ch. 323, § 17; July 1.
(b) All officers and employees who were engaged immediately prior to July 1, 1984, in the performance of powers, duties and functions of the division of information systems and computing whose positions are abolished under this section, and who, in the opinion of the secretary of administration, are necessary to perform powers, duties and functions of the division of information systems and communications, shall become officers and employees of the division of information systems and communications in accordance with this act. Any such officer or employee shall retain all retirement benefits and applicable rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1984, and the service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History: L. 1980, ch. 284, § 33; L. 1984, ch. 323, § 4; July 1.
(b) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
(c) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any existing state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of official duties, shall abate by reason of the taking effect of reorganization under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such existing state agency, or any officer affected.
(d) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1980, ch. 284, § 34; L. 1984, ch. 323, § 5; July 1.
History: L. 1980, ch. 284, § 35; Repealed, L. 1984, ch. 323, § 17; July 1.
(b) All officers and employees whose positions in the classified service under the Kansas civil service act are abolished under this section and who are necessary in the opinion of the secretary of administration to perform powers, duties and functions of the division of information systems and communications, shall become officers and employees of the division of information systems and communications. Any such officer or employee shall retain all retirement benefits and rights of civil service which had accrued to or vested in such officer or employee prior to July 1, 1984, and the service of each such officer and employee shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and rules and regulations adopted thereunder.
History: L. 1984, ch. 323, § 2; July 1.
(a) Establishment of rates and charges for services performed by the division of information systems and communications for any other division, department, state agency or governmental unit. Such rates and charges shall be maintained by a cost system in accordance with generally accepted accounting principles. In determining cost rates for billing to agencies or governmental units, overhead expenses shall include but not be limited to light, heat, power, insurance, labor and depreciation. Billings shall include direct and indirect costs and shall be based on the foregoing cost accounting practices.
(b) For determination of priorities for services performed by the division of information systems and communications, including authority to decline new projects under specified conditions.
(c) Specification of standards for submission of data to be processed by the division of information systems and communications and the programs for processing the data, including authority to decline to process computer programs and projects not conforming to published standards. Such standards shall be consistent with the standards and policies adopted by the information technology executive council under K.S.A. 2007 Supp. 75-7203 and amendments thereto.
(d) Specification of standards and measures relating to security, confidentiality and availability of data processed by the division of information systems and communications. Such standards and measures shall be consistent with the standards and policies adopted by the information technology executive council under K.S.A. 2007 Supp. 75-7203 and amendments thereto.
History: L. 1972, ch. 332, § 21; L. 1974, ch. 399, § 7; L. 1976, ch. 396, § 1; L. 1980, ch. 284, § 23; L. 1983, ch. 291, § 3; L. 1984, ch. 323, § 6; L. 1992, ch. 228, § 2; L. 1998, ch. 182, § 15; May 21.
History: L. 1972, ch. 332, § 22; L. 1973, ch. 366, § 1; L. 1974, ch. 399, § 8; L. 1976, ch. 396, § 2; L. 1980, ch. 284, § 24; L. 1984, ch. 323, § 7; L. 1988, ch. 345, § 3; July 1.
(b) Expenditures from the information technology reserve fund may be made for equipment and programs needed for the operation of the division of information systems and communications.
History: L. 1976, ch. 396, § 3; L. 1980, ch. 284, § 25; L. 1984, ch. 323, § 8; L. 1988, ch. 345, § 4; L. 2001, ch. 5, § 393; July 1.
History: L. 1976, ch. 396, § 5; L. 1980, ch. 284, § 26; L. 1984, ch. 323, § 9; July 1.
(b) With the approval of the secretary of administration, any division, department or agency of the state may possess and operate central processing units of a computer if the same are adjunct to the central processing computer unit or units of the division of information systems and communications.
(c) Data to be centrally processed by the division of information systems and communications shall be prepared for such processing by the division, department or agency of the state requesting the same to be processed in accordance with rules and regulations adopted by the secretary of administration as provided in K.S.A. 75-4703 and amendments thereto. Programs for processing the data of any division, department or agency of the state shall be prepared by such division, department or agency of the state in accordance with standards prescribed by rules and regulations adopted by the secretary of administration as provided in K.S.A. 75-4703 and amendments thereto. Notwithstanding the other provisions of this subsection, the division of information systems and communications shall prepare data or programs, or provide technical consultation, when a division, department or agency of the state requests such service of the division of information systems and communications and the director of information systems and communications, subject to the approval of the secretary of administration agrees thereto.
(d) This section shall not apply to the universities under the jurisdiction and control of the state board of regents.
History: L. 1972, ch. 332, § 23; L. 1973, ch. 366, § 2; L. 1974, ch. 399, § 9; L. 1980, ch. 284, § 27; L. 1984, ch. 323, § 10; L. 1994, ch. 340, § 5; July 1.
History: L. 1965, ch. 472, § 2; L. 1972, ch. 332, § 94; L. 1974, ch. 399, § 10; L. 1980, ch. 284, § 28; L. 1984, ch. 323, § 11; L. 1987, ch. 292, § 29; L. 1994, ch. 340, § 7; Repealed, L. 1998, ch. 182, § 28; May 21.
History: L. 1969, ch. 409, § 1; L. 1972, ch. 332, § 95; L. 1974, ch. 399, § 11; L. 1980, ch. 284, § 29; L. 1984, ch. 323, § 12; L. 1994, ch. 340, § 8; L. 1998, ch. 182, § 16; May 21.
History: L. 1972, ch. 332, § 20; L. 1974, ch. 348, § 96; L. 1974, ch. 399, § 12; L. 1975, ch. 427, § 246; L. 1980, ch. 284, § 30; L. 1984, ch. 323, § 13; Repealed, L. 1992, ch. 192, § 17; July 1.
(b) The secretary of administration, when feasible, may enter into agreements with any entity defined in this subsection extending to such entity the use of state intercity telecommunications facilities and services under the control of the secretary.
As used in this subsection, an "entity" means:
(1) Any governmental unit, including any state agency, taxing subdivision of the state or municipality; or
(2) any hospital or nonprofit corporation which the secretary determines to be performing any state function on an ongoing basis through agreement or otherwise, or any function which will assist a governmental unit in attaining an objective or goal, bearing a valid relationship to powers and functions of such unit.
(c) Every record made, maintained or kept by the secretary of administration or the division of information systems and communications, or any agency or instrumentality thereof, which relates to the acquisition, retention or use of telecommunications services provided to any division, department or agency of the state, state officer or governmental unit and which pertains to individually identifiable individuals using such telecommunication services shall constitute for purposes of the open records act a record of the division, department or agency of the state, state officer or governmental unit to which such records relate. The official custodian of such records for the purposes of the open records act shall be the official custodian of the records of such division, department or agency of the state, state officer or governmental unit.
History: L. 1974, ch. 399, § 1; L. 1978, ch. 362, § 1; L. 1992, ch. 228, § 3; L. 1994, ch. 340, § 9; L. 1996, ch. 268, § 13; L. 1998, ch. 182, § 17; May 21.
History: L. 1974, ch. 399, § 2; L. 1984, ch. 323, § 14; L. 1985, ch. 285, § 3; March 7.
History: L. 1974, ch. 399, § 3; Repealed, L. 1984, ch. 1, § 5; July 1.
History: L. 1974, ch. 399, § 4; L. 1978, ch. 362, § 2; L. 1992, ch. 228, § 4; July 1.
(b) Prior to negotiating for telecommunications services, the committee shall advertise for sealed proposals. The committee then may negotiate with one or more firms submitting proposals and select from among those submitting such proposals the party to contract with for the purpose of providing telecommunications services.
(c) Contracts entered into pursuant to this section for telecommunications services shall not be subject to the provisions of K.S.A. 75-3738 to 75-3740a, inclusive, and amendments thereto.
History: L. 1985, ch. 285, § 1; March 7.
History: L. 1985, ch. 285, § 2; L. 1988, ch. 345, § 5; July 1.
(b) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the computer services fund, created under K.S.A. 75-4704 and the state communications services fund, created under K.S.A. 75-4714, to the information technology fund.
(c) On the effective date of this act, all liabilities of the computer services fund and the state communications services fund are hereby imposed on the information technology fund, and the computer services fund and the state communications services fund are hereby abolished. Any reference to such funds abolished by this section in any statute, contract or other document shall be deemed to refer to the information technology fund.
History: L. 1988, ch. 345, § 1; July 1.
(b) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the computer services depreciation reserve fund, created under K.S.A. 75-4704a, to the information technology reserve fund. On the effective date of this act, all liabilities of the computer services depreciation reserve fund are hereby imposed on the information technology reserve fund, and the computer services depreciation reserve fund is hereby abolished. Any reference to such fund abolished by this section in any statute, contract or other document shall be deemed to refer to the information technology reserve fund.
History: L. 1988, ch. 345, § 2; July 1.
History: L. 1992, ch. 228, § 1; July 1.
History: L. 1994, ch. 340, § 1; L. 1995, ch. 256, § 19; Repealed, L. 1998, ch. 182, § 28; May 21.
History: L. 1994, ch. 340, §§ 2 to 4; Repealed, L. 1998, ch. 182, § 28; May 21.
History: L. 1994, ch. 340, § 6; Repealed, L. 1998, ch. 182, § 28; May 21.