Section 9004C - General powers, duties and functions of the departmentThe Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions:
(1) The powers and duties described in § 9001C;(2) Create, implement, and enforce statewide and agency technology solutions, policies, standards and guidelines, including as recommended by the CIO;(3) Provide operations and production support to ensure the efficient and reliable operation of the State's computer and telecommunications network;(4) Evaluate the performance of technology systems and equipment;(5) Provide analytical and programming support to maintain and upgrade existing technology systems, applications and programs;(6) Provide management of technology facilities; (7) Research all facets of technology systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including: (a) potential technology solutions of or with private entities; and (b) review of systems and equipment installed or to be installed or of changes or additions in or to equipment in any of the state agencies, regardless of size or of the method or source of funding;(8) Develop and coordinate new technology initiatives and establish statewide information systems and technology priorities for purposes of budgetary funding reviews by the Director of the Office of Management and Budget;(9) Promote cooperation between all state agencies, in order that work may be done by one agency for another agency and equipment and/or technical personnel in one agency may be made available to another agency, and promote such improvements as may be necessary in joint or cooperative technology operations. The Chief Information Officer is authorized to purchase, lease or rent technology and related equipment in the name of the Department of Technology and Information and to operate the equipment in providing services to any or all state agencies . When, in the opinion of the Chief Information Officer, better and more efficient technology services can be performed, the Department may enter into lease or purchase agreements in the acquiring or the use of any technology equipment and use such equipment in a centralized statewide approach. When the Department acts in a centralized statewide approach, the cost of the operation shall be prorated among the state agencies benefiting from those services provided thereby. The Chief Information Officer shall decide on the number of data centers, including the size of each, and shall be empowered to pick the site or sites for the centers and the controlling agency. Any consolidated or cooperative plan approved by the Chief Information Officer shall be given effect; (10) The Department of Technology and Information shall maintain as a paramount consideration the successful internal organization and duties of all state agencies so that efficiency existing in the agencies shall not be adversely affected or impaired by the decisions that are made;(11) Provide consulting services to all agencies including, but not limited to, information technology planning, program budget planning for information technology initiatives, expertise in systems development life cycle methods, and access to technical information on emerging technologies;(12) [Repealed by 2024 Amendment.](13) Perform policies and procedures as directed by the CIO; (14) Develop an acceptable use policy for e-mail communications for every state executive branch agency;(15) Develop, coordinate, publish and administer a comprehensive state technology plan which shall provide for the centralization and joint use of existing and future communications systems, technology, equipment and services by state agencies;(16) Develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting technology requirements of state agencies;(17) Establish and promulgate standards, policies, guidelines and procedures concerning the development, implementation, acquisition, and use of the State's technology assets; ;
(18) Design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of technology, equipment, and services for state agencies in accordance with the determinations directed by this subchapter; (19) Perform periodic audits of the technology and activities of state agencies to ensure compliance with the policy and intent of this subchapter, and other applicable laws and regulations; (20) Develop, coordinate, publish and administer policies and procedures for the submission of a statewide technology budget, which shall include all requirements of state agencies, including identification of business requirements by agency;(21) Require that all state agencies having specific technology requirements related to business needs shall cooperate with and assist in the preparation of the statewide technology budget; ;
(22) Establish and coordinate a mechanism for a prorated chargeback process that aligns with the state's annual budget process with the approval of the Director of the Office of Management and Budget and Controller General. The chargeback rate will cover all centralized technology services statewide;(23) Assign an agency "technology coordinator" to each state agency. It is the intent of this subsection that such technology coordinators will act as the primary points of contact for appropriate communications between the Department and the state agencies, the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General, the State Treasurer, the Auditor of Accounts, other elective offices, and the school districts; and(24) Perform such other duties in connection with the technology activities of the state government as may be directed by the Governor, or the General Assembly, or as may be required by existing or future state or federal statute.Amended by Laws 2023, ch. 382,s 2, eff. 8/29/2024.Amended by Laws 2019 , ch. 185, s 1, eff. 8/5/2019.73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11; 75 Del. Laws, c. 88, § 21 (13); 76 Del. Laws, c. 227, § 1.;