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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0979.02 Nicole Myers x4326 SENATE BILL 26-185 SENATE SPONSORSHIP Marchman and Baisley, Coleman HOUSE SPONSORSHIP Titone and Keltie, Paschal, Bacon, Carter, Clifford, Jackson, Marshall, Rutinel e n m 2 E n 2 U U 3 O i 1 H a a Senate Committees House Committees R M Business, Labor, & Technology State, Civic, Military, & Veterans Affairs r Appropriations Appropriations 3 d A BILL FOR AN ACT d e 2 C ONCERNING MEASURES TO ENHANCE THE OFFICE OF INFORMATION S a 2 U U 1 TECHNOLOGY S SECURITY PROCEDURES .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
H g y d M e Bill Summary d (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill d passes third reading in the house of introduction, a bill summary that e m 2 applies to the reengrossed version of this bill will be available at T n 2 http://leg.colorado.gov/.) N g 8 E i y S e M Joint Technology Committee.
SENATE BILL 26-185 BY SENATOR(S) Marchman and Baisley, Coleman;
The bill allows the joint R r technology committee (JTC), within 90 days after the day that the chief 3 information security officer of the office of information technology (securityofficer)filesawritteninformationtechnologycompliancereport (compliancereport)withtheJTCasrequiredbythebill,tovotetorequest i a that the legislative audit committee direct the state auditor to conduct a e 2 T d 0 A n , E d y Shading denotes HOUSE amendment.
also REPRESENTATIVE(S) Titone and Keltie, Paschal, Bacon, Carter, Clifford, Jackson, Marshall, Rutinel.
Double underlining denotes SENATE amendment.
CONCERNING MEASURES TO ENHANCE THE OFFICE OF INFORMATION TECHNOLOGY S SECURITY PROCEDURES .
S d a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
m A special information technology security audit (IT security audit) of the officeofinformationtechnology(OIT)ifthecompliancereportindicates that one or more audit recommendations made by the state auditor is unresolved 2 or more years past the implementation date for the audit recommendation or if a material discrepancy exists between a representation in the compliance report and a previous audit finding.
If the JTC votes to request an IT security audit and if the legislative audit committee votes to direct the audit, the bill requires:
! The state auditor to conduct the IT security audit;
! The state auditor to obtain input from OIT when the state auditor determines the scope and boundaries of the audit;
! The state auditor to submit the IT security audit report to the legislative audit committee, the JTC, the joint budget committee, and the governor;
and ! OIT to reimburse the state auditor for the auditor's costs incurred in completing the IT security audit.
The bill requires OIT to establish, maintain, keep, update, and makeavailabletostateagencyinformationtechnologyleadershipandthe members of the JTC, a list of all active information technology vendor contracts for state agencies.
The bill specifies that, except in the case of an information technology security emergency, OIT shall not publish or implement a technical information technologystandard, and that the standard is void, unless the standard:
! Was publicly posted;
and ! Received approval fromthe securityofficerif the standard relates to security, access controls, or the handling of data.
The bill requires OIT to ensure that, if an information technology contract provides ongoing service and delivery to Coloradans, that the contract maintains current architecture diagrams that are updated at least annually.
The bill prohibits the chief information officer from delegating a duty, responsibility, or power of the security officer.
The bill requires the securityofficer to submit 2 annual reports to theJTC.ThefirstreportisawrittencompliancereportthatincludesOIT's current compliance status with applicable security standards;
all open audit recommendations regarding OIT made by the state auditor and the date on which each recommendation was made;
and a timeline for remediationandamitigationplanorcompensationcontrolsforeachopen audit recommendation made by the state auditor.
The second report is a written statewide information technology securityriskreport(securityriskreport)thatassesses the overall security risk posture of state agencyinformation technology systems.
To support the preparation of the security risk report, the security officer may conduct evaluations of state agency information technology systems, -2- 185 including penetration testing, vulnerability scanning, configuration evaluations, and vendor and system reviews.
Each state agency shall provide to the security officer, upon request, the access and information necessary to conduct evaluations of state agency technology systems, including system access, product information, and architecture information.
The bill requires the security officer, or the chief information officer if the security officer is unavailable, to perform the duties and uphold the responsibilities assigned to the security officer pursuant to law.
Powersanddutiesofthejointtechnologycommittee.
Powers and duties of the joint technology committee.
(13) THE COMMITTEE MAY CALL THE CHIEF INFORMATION SECURITY OFFICER TO TESTIFY BEFORE THE COMMITTEE REGARDING THE WRITTEN INFORMATION TECHNOLOGY SECURITY COMPLIANCE REPORT THATTHECHIEFINFORMATIONSECURITYOFFICERISREQUIREDTOSUBMIT TO THE COMMITTEE PURSUANT TO SECTION 24-37.5-403 (2)(j).
(13) THECOMMITTEEMAYCALLTHECHIEFINFORMATIONSECURITY OFFICER TO TESTIFY BEFORE THE COMMITTEE REGARDING THE WRITTEN INFORMATIONTECHNOLOGYSECURITYCOMPLIANCEREPORTTHATTHECHIEF INFORMATION SECURITY OFFICER IS REQUIRED TO SUBMIT TO THE COMMITTEE PURSUANT TO SECTION 24-37.5-403 (2)(j).
(14) W ITHIN NINETY DAYS AFTER THE DAY THAT THE CHIEF INFORMATION SECURITY OFFICER OF THE OFFICE OF INFORMATION TECHNOLOGY FILES A WRITTEN INFORMATION TECHNOLOGY SECURITY COMPLIANCE REPORT AS REQUIRED BY SECTION 24-37.5-403 (2)(jTHE COMMITTEE MAY VOTE TO FORMALLY REQUEST THAT THE LEGISLATIVE AUDIT COMMITTEE ,PURSUANT TO SECTION 2-3-108,VOTE TO DIRECT A SPECIAL INFORMATION TECHNOLOGY SECURITY AUDIT OF THE OFFICE IN ACCORDANCE WITH THE STATE AUDITOR 'S AUTHORITY RELATED TO INFORMATION TECHNOLOGY SYSTEMS AS DESCRIBED IN SECTION 2-3-103 (1.5),F:
(14) W ITHIN NINETY DAYS AFTER THE DAY THAT THE CHIEF INFORMATION SECURITY OFFICER OF THE OFFICE OF INFORMATION ________ Capital letters or bold & italic numbers indicate new material added to existing law;
(a) T HE WRITTEN INFORMATION TECHNOLOGY SECURITY -3- 185 COMPLIANCEREPORTREQUIREDBYSECTION 24-37.5-403(2)(INDICATES THAT ONE OR MORE AUDIT RECOMMENDATIONS MADE BY THE STATE AUDITOR IS UNRESOLVED TWO OR MORE YEARS PAST THE IMPLEMENTATIONDATEFORTHEAUDITRECOMMENDATIONTOWHICHTHE OFFICE COMMITTED IN A PRIOR COMPLIANCE REPOR;OR (b) A MATERIAL DISCREPANCY EXISTS BETWEEN A REPRESENTATION MADE IN THE WRITTEN INFORMATION TECHNOLOGY SECURITYCOMPLIANCEREPORTREQUIREDBYSECTION 24-37.5-403(2)(j) AND A FINDING MADE IN A PREVIOUS AUDIT BY THE STATE AUDI.OR (15) (a) IA MAJORITY OF THE COMMITTEE VOTES TO REQUEST THAT THE LEGISLATIVE AUDIT COMMITTEE DIRECT A SPECIAL INFORMATION TECHNOLOGY SECURITY AUDIT PURSUANT TO SUBSECTION (14)OF THIS SECTION AND IF A MAJORITY OF THE LEGISLATIVE AUDIT COMMITTEEVOTESTOAPPROVEANAUDITPURSUANTTOSECTION 2-3-108, THE STATE AUDITOR SHALL CONDUCT THE INFORMATION TECHNOLOGY SECURITY AUDIT AND MAY CONTRACT WITH A QUALIFIED THIRD-PARTY INFORMATIONTECHNOLOGYSECURITYFIRMTOCONDUCTTHEAUDIT .THE STATE AUDITOR SHALL OBTAIN INPUT FROM THE OFFICE OF INFORMATION TECHNOLOGY WHEN THE STATE AUDITOR DETERMINES THE SCOPE AND BOUNDARIESOFTHEAUDIT ,TAKINGINTOCONSIDERATIONTHERESOURCES AVAILABLE TO THE OFFICE TO REIMBURSE THE AUDITOR FOR THE COST OF THE AUDIT PURSUANT TO SUBSECTION(15)(b)OF THIS SECTI.N (b) THE STATE AUDITOR SHAL,WITHIN TWELVE MONTHS OF THE AFFIRMATIVE VOTE OF A MAJORITY OF THE LEGISLATIVE AUDIT COMMITTEE ,PRODUCE AN INFORMATION TECHNOLOGY SECURITY AUDIT REPORT AND SUBMIT THE AUDIT REPORT TO THE LEGISLATIVE AUDIT COMMITTEE , AFTER WHICH THE STATE AUDITOR SHALL SUBMIT THE -4- 185 REPORT TO THE COMMITTEE ,THE JOINT BUDGET COMMITTEE ,AND THE GOVERNOR .
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
PURSUANT TO SECTION 2-3-110,THE OFFICE SHALL REIMBURSETHESTATEAUDITORFORANAUDITCONDUCTEDPURSUANTTO SUBSECTION (14)OF THIS SECTIO.
TECHNOLOGY FILES A WRITTEN INFORMATION TECHNOLOGY SECURITY COMPLIANCE REPORT AS REQUIRED BY SECTION 24-37.5-403 (2)(jTHE COMMITTEE MAY VOTE TO FORMALLY REQUEST THAT THE LEGISLATIVE AUDIT COMMITTEE , PURSUANT TO SECTION 2-3-108,VOTE TO DIRECT A SPECIAL INFORMATION TECHNOLOGY SECURITY AUDIT OF THE OFFICE IN ACCORDANCE WITH THE STATE AUDITOR S AUTHORITY RELATED TO INFORMATION TECHNOLOGY SYSTEMS AS DESCRIBED IN SECTION 2-3-103 (1.5),F:
THE REIMBURSEMENT MAY BE PAID FROMTHETECHNOLOGYRISKPREVENTIONANDRESPONSEFUNDCREATED IN SECTION24-37.5-120.
(a) T HE WRITTEN INFORMATION TECHNOLOGY SECURITY COMPLIANCE REPORT REQUIRED BY SECTION 24-37.5-403 (2)(jINDICATES THAT ONE OR MORE AUDIT RECOMMENDATIONS MADE BY THE STATE AUDITOR IS UNRESOLVED TWOORMORE YEARSPAST THE IMPLEMENTATION DATEFORTHEAUDITRECOMMENDATIONTOWHICHTHEOFFICECOMMITTED IN A PRIOR COMPLIANCE REPORT;OR (b) AMATERIALDISCREPANCYEXISTSBETWEENAREPRESENTATION MADE IN THEWRITTENINFORMATIONTECHNOLOGYSECURITY COMPLIANCE REPORT REQUIRED BY SECTION 24-37.5-403 (2)(AND A FINDING MADE IN A PREVIOUS AUDIT BY THE STATE AUDITOR (15)(a) IAMAJORITYOFTHECOMMITTEEVOTESTOREQUESTTHAT THE LEGISLATIVE AUDIT COMMITTEE DIRECT A SPECIAL INFORMATION TECHNOLOGY SECURITY AUDIT PURSUANT TO SUBSECTION (14) OF THIS SECTION AND IFA MAJORITYOFTHELEGISLATIVEAUDIT COMMITTEE VOTES TOAPPROVEANAUDITPURSUANTTOSECTION 2-3-108,THESTATEAUDITOR SHALLCONDUCTTHEINFORMATIONTECHNOLOGYSECURITYAUDITANDMAY CONTRACT WITH A QUALIFIED THIRD -PARTY INFORMATION TECHNOLOGY SECURITYFIRMTOCONDUCTTHEAUDIT .THESTATEAUDITORSHALLOBTAIN INPUT FROM THE OFFICE OF INFORMATION TECHNOLOGY WHEN THE STATE AUDITOR DETERMINES THE SCOPE AND BOUNDARIES OF THE AUDIT,TAKING INTO CONSIDERATION THE RESOURCES AVAILABLE TO THE OFFICE TO REIMBURSE THE AUDITOR FOR THE COST OF THE AUDIT PURSUANT TO SUBSECTION (15)(b)OF THIS SECTIO.
SECTION2.
(b) THE STATE AUDITOR SHALL ,WITHIN TWELVE MONTHS OF THE AFFIRMATIVEVOTEOFAMAJORITYOFTHELEGISLATIVEAUDITCOMMITTEE , PRODUCE AN INFORMATION TECHNOLOGY SECURITY AUDIT REPORT AND SUBMIT THE AUDIT REPORT TO THE LEGISLATIVE AUDIT COMMITTEEAFTER WHICHTHESTATEAUDITORSHALLSUBMITTHEREPORTTOTHECOMMITTEE , PAGE 2-SENATE BILL 26-185 THEJOINTBUDGETCOMMITTEE ,ANDTHEGOVERNOR .PURSUANTTOSECTION 2-3-110,THE OFFICE SHALL REIMBURSE THE STATE AUDITOR FOR AN AUDIT CONDUCTED PURSUANT TO SUBSECTION (14) OF THIS SECTION .
InColoradoRevisedStatutes,24-37.5-105,amend (3)(c), (3)(d), (6)(c), and (6)(d);
THE REIMBURSEMENT MAY BE PAID FROM THE TECHNOLOGY RISK PREVENTION AND RESPONSE FUND CREATED IN SECTION 24-37.5-120.
and add (3)(e), (4.5), and (6)(e) as follows:
SECTION 2.
In Colorado Revised Statutes, 24-37.5-105, amend (3)(c),(3)(d),(6)(c),and(6)(d);andadd(3)(f),(4.5),and(6)(e)asfollows:
(c) Assistthejointtechnologycommitteeasnecessarytofacilitate the committee's oversight of the office;
(c) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office;
(e) (I) ETABLISH,MAINTAIN ,KEEP, QUARTERLY UPDATE , AND MAKE AVAILABLE TO STATE AGENCY INFORMATION TECHNOLOGY LEADERSHIP AND THE MEMBERS OF THE JOINT TECHNOLOGY COMMITTEE , A LIST OF ALL ACTIVE INFORMATION TECHNOLOGY VENDOR CONTRACTS FOR STATE AGENCIES AS DESCRIBED IN SUBSECTIO(6)OF THIS SECTIO.
(f)(I)ESTABLISH ,MAINTAIN KEEP ,QUARTERLYUPDATE ,ANDMAKE AVAILABLETOSTATEAGENCYINFORMATIONTECHNOLOGYLEADERSHIPAND THEMEMBERSOFTHEJOINTTECHNOLOGYCOMMITTEE ALISTOFALLACTIVE INFORMATION TECHNOLOGY VENDOR CONTRACTS FOR STATE AGENCIES AS DESCRIBED IN SUBSECTION (6)OF THIS SECTION.
FOREACHINFORMATIONTECHNOLOGYVENDORCONTRACT THELISTMUST INCLUDE :
FOR EACH INFORMATION TECHNOLOGY VENDOR CONTRACT ,THE LIST MUST INCLUDE :
(A) THE NAME OF THE VENDOR ;
(A) T HE NAME OF THE VENDOR ;
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(B) THE VALUE OF THE CONTRACT;
(B) T HE VALUE OF THE CONTRACT ;
(C) THE DATE ON WHICH THE CONTRACT EXPIRES;AND (D) T HE DATA CLASSIFICATION-BUSINESS CRITICALITY TIER OF -5- 185 THE CONTRACT .
(C) T HE DATE ON WHICH THE CONTRACT EXPIRES ;AND (D) T HEDATACLASSIFICATION -BUSINESSCRITICALITYTIEROFTHE CONTRACT .
(II) IASTATEAGENCYINITIATESSOLICITATIONSANDCONTRACTS FORINFORMATIONTECHNOLOGYRESOURCESWITHPRIORAPPROVALOFTHE PROCUREMENTOFFICIALFORTHEOFFICEPURSUANTTOSUBSECTION (6)OF THIS SECTION, THE STATE AGENCY SHALL PROVIDE TO THE OFFICE THE INFORMATION SPECIFIED IN SUBSECTION (3)(e)(IOF THIS SECTION FOR EACH INFORMATION TECHNOLOGY VENDOR CONTRACT ,AND THE OFFICE SHALL INCLUDE THE INFORMATION IN THE LIST REQUIRED BY THIS SUBSECTION (3)(e).
(II) I A STATE AGENCY INITIATES SOLICITATIONS AND CONTRACTS FORINFORMATIONTECHNOLOGYRESOURCESWITHPRIORAPPROVALOFTHE PROCUREMENT OFFICIAL FOR THE OFFICE PURSUANT TO SUBSECTION (6)OF THIS SECTION, THE STATE AGENCY SHALL PROVIDE TO THE OFFICE THE PAGE 3-SENATE BILL 26-185 INFORMATIONSPECIFIEDINSUBSECTION (3)(f)(OFTHISSECTIONFOREACH INFORMATION TECHNOLOGY VENDOR CONTRACT ,AND THE OFFICE SHALL INCLUDE THE INFORMATION IN THE LIST REQUIRED BY THIS SUBSECTION (3)(f).
(III) THE OFFICE SHALL SUBMIT A ONE -TIME INFORMATION TECHNOLOGY BUDGET REQUEST TO THE JOINT TECHNOLOGY COMMITTEE FOR THE COST OF BUILDING AND IMPLEMENTING THE LIST REQUIRED BY THIS SUBSECTION (3)(e).F,AFTER THE BUDGET REQUEST IS APPROVED , THE OFFICE DETERMINES THAT MORE MONEY IS NEEDED TO IMPLEMENT AND MAINTAIN THE LIST ,THE OFFICE MAY REQUEST THAT THE GENERAL ASSEMBLY ALLOCATE ADDITIONAL MONEY FROM THE TECHNOLOGY RISK PREVENTION AND RESPONSE FUND CREATED IN SECTION 24-37.5-120.
(III) THE OFFICE SHALL SUBMIT A ONE TIME INFORMATION TECHNOLOGYBUDGETREQUESTTOTHEJOINTTECHNOLOGYCOMMITTEEFOR THE COST OF BUILDING AND IMPLEMENTING THE LIST REQUIRED BY THIS SUBSECTION (3)(f).F,AFTER THE BUDGET REQUEST IS APPROVED ,THE OFFICE DETERMINES THAT MORE MONEY IS NEEDED TO IMPLEMENT AND MAINTAIN THE LIST , THE OFFICE MAY REQUEST THAT THE GENERAL ASSEMBLY ALLOCATE ADDITIONAL MONEY FROM THE TECHNOLOGY RISK PREVENTION AND RESPONSE FUND CREATED IN SECTION 24-37.5-120.
(4.5) Technicalinformationtechnology standards.(a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4.5)(bOF THIS SECTION,THE OFFICE SHALL NOT PUBLISH OR IMPLEMENT A TECHNICAL INFORMATION TECHNOLOGYSTANDARDTHATISESTABLISHEDPURSUANTTOSUBSECTION (4)OF THIS SECTION,AND THE STANDARD IS VOID,UNLESS:
(4.5) Technical information technology standards.
(I) THE OFFICE HAS PUBLICLY POSTED THE STANDARD;AND (II) THE CHIEF INFORMATION SECURITY OFFICER HAS APPROVED THE STANDARD , IF THE STANDARD RELATES TO SECURITY , ACCESS CONTROLS ,OR THE HANDLING OF DATA.
(a) EXCEPTASOTHERWISEPROVIDEDINSUBSECTION (4.5)(bOFTHIS SECTION, THE OFFICE SHALL NOT PUBLISH OR IMPLEMENT A TECHNICAL INFORMATIONTECHNOLOGYSTANDARDTHATISESTABLISHEDPURSUANTTO SUBSECTION (4)OF THIS SECTION,AND THE STANDARD IS VOID ,UNLESS:
(b) THE PROVISIONS OF SUBSECTION (4.5)(aOF THIS SECTION DO -6- 185 NOTAPPLYWHENTHECHIEFINFORMATIONSECURITYOFFICERDETERMINES IN WRITING THAT AN INFORMATION TECHNOLOGY SECURITY EMERGENCY EXISTS.
(I) THE OFFICE HAS PUBLICLY POSTED THE STANDARD ;AND (II) HECHIEFINFORMATIONSECURITYOFFICERHASAPPROVEDTHE STANDARD IFTHESTANDARDRELATESTOSECURITY ,ACCESSCONTROLS ,OR THE HANDLING OF DATA .
FOR PURPOSES OF THIS SUBSECTION (4.5),AN INFORMATION TECHNOLOGY SECURITY EMERGENCY MEANS A SITUATION IN WHICH AN IMMINENT OR ACTIVE THREAT TO STATE INFORMATION TECHNOLOGY SYSTEMS REQUIRES THE IMMEDIATE IMPLEMENTATION OF A SECURITY STANDARD TO PREVENT OR MITIGATE SIGNIFICANT HARM TO STATE DAT, SYSTEMS ,OR OPERATIONS.
(b) THEPROVISIONSOFSUBSECTION (4.5)(aOFTHISSECTIONDONOT APPLY WHEN THE CHIEF INFORMATION SECURITY OFFICER DETERMINES IN WRITING THAT AN INFORMATION TECHNOLOGY SECURITY EMERGENCY EXISTS.
(c) ITHEOFFICEIMPLEMENTSASECURITYSTANDARDINRESPONSE TO AN INFORMATION TECHNOLOGY SECURITY EMERGENCY PURSUANT TO SUBSECTION (4.5)(bOF THIS SECTION, THE OFFICE SHALL POST THE STANDARDONTHEOFFICE SWEBSITEWITHINSEVENTY -TWOHOURSOFTHE IMPLEMENTATION OF THE SECURITY STANDARD .
FOR PURPOSES OF THIS SUBSECTION (4.5),AN INFORMATION TECHNOLOGY SECURITY EMERGENCY MEANS A SITUATION IN WHICH AN IMMINENT OR ACTIVE THREAT TO STATE INFORMATION TECHNOLOGY SYSTEMS REQUIRES THE IMMEDIATE IMPLEMENTATION OF A SECURITY STANDARD TO PREVENT OR MITIGATE SIGNIFICANT HARM TO STATE DATA , SYSTEMS ,OR OPERATIONS .
ASECURITY STANDARD IMPLEMENTED PURSUANT TO SUBSECTION (4.5)(b)OF THIS SECTION EXPIRES NINETY DAYS AFTER IMPLEMENTATION UNLESS ,PRIOR TO EXPIRATION, THE OFFICE COMPLIES WITH THE REQUIREMENTS OF SUBSECTION (4.5)(aOF THIS SECTIO.
(c) ITHE OFFICE IMPLEMENTS A SECURITY STANDARD IN RESPONSE TO AN INFORMATION TECHNOLOGY SECURITY EMERGENCY PURSUANT TO SUBSECTION (4.5)(b)OF THIS SECTION , THE OFFICE SHALL POST THE PAGE 4-SENATE BILL 26-185 STANDARD ON THE OFFICE S WEBSITE WITHIN SEVENTY -TWO HOURS OF THE IMPLEMENTATION OF THE SECURITY STANDARD .
A SECURITY STANDARD IMPLEMENTEDPURSUANTTOSUBSECTION (4.5)(b) OFTHISSECTIONEXPIRES NINETY DAYS AFTER IMPLEMENTATION UNLESS ,PRIOR TO EXPIRATION ,THE OFFICECOMPLIESWITHTHEREQUIREMENTSOFSUBSECTION (4.5)(a)OFTHIS SECTION .
A state agency may initiate solicitations and contracts for information technology resources only with prior approval of the procurement official for the office, and must include provisions allowing the office to enforce technology and security standards or conductduediligenceorauditsofthecontractors.Ifthestateagencydoes notreceivewrittenapprovalordisapprovalfromtheprocurementofficial -7- 185 fortheofficewithinthirtybusinessdaysaftersubmittingtheprocurement request to the office for review, the state agency may assume that it has receivedthepriorapprovaloftheoffice,asrequiredbythissubsection(6), and is authorized to initiate the procurement or solicitation process.
A state agency may initiate solicitations and contracts for information technologyresources onlywith prior approval of the procurement official for the office, and must include provisions allowingtheofficetoenforcetechnologyandsecuritystandardsorconduct due diligence or audits of the contractors.
In connectionwiththeprocurementofinformationtechnologyresources,the office shall:
If the state agency does not receive written approval or disapproval from the procurement official for the office within thirty business days after submitting the procurement request to the office for review, the state agency may assume that it has received the prior approval of the office, as required bythis subsection (6), and is authorized to initiate the procurement or solicitation process.
(c) Overseeinformationtechnologyvendorsonbehalf of thestate and state agencies except when delegated to a state agency pursuant to section 24-37.5-105.4;
In connection with the procurement of information technologyresources, the office shall:
and (d) If the office does not have oversight of an information technologyorservicescontract,ensurethatthestateagencywithoversight of the contract operates pursuant to section 24-37.5-105.4 regarding the delegation of authority;
(c) Oversee information technology vendors on behalf of the state and state agencies except when delegated to a state agency pursuant to section 24-37.5-105.4;
(e) IACONTRACT PROVIDESONGOINGSERVICEANDDELIVERYTO C OLORADANS , ENSURE THAT THE CONTRACT MAINTAINS CURRENT ARCHITECTURE DIAGRAMS THAT ARE UPDATED AT LEAST ANNUALLY .
and (d) If the office does not have oversight of an information technologyor services contract, ensure that thestate agencywith oversight of the contract operates pursuant to section 24-37.5-105.4 regarding the delegation of authority;AND (e) IF A CONTRACT PROVIDES ONGOING SERVICE AND DELIVERY TO C OLORADANS , ENSURE THAT THE CONTRACT MAINTAINS CURRENT ARCHITECTURE DIAGRAMS THAT ARE UPDATED AT LEAST ANNUALLY .
SECTION 3.
SECTION3.
In Colorado Revised Statutes, 24-37.5-105.4, amend (1) introductory portion as follows:
InColoradoRevisedStatutes,24-37.5-105.4,amend (1) introductory portion as follows:
24-37.5-105.4.
PAGE 5-SENATE BILL 26-185 24-37.5-105.4.
(1) The chief information officer may delegate an information technologyfunction of the office to another state agencybyagreement or other means authorized by law,CEPT THAT THE CHIEF INFORMATION OFFICERSHALLNOTDELEGATEADUTY RESPONSIBILITYORPOWEROFTHE CHIEFINFORMATIONSECURITYOFFICER .Thechiefinformationofficermay delegate an information technology function of the office if in the judgment of the director of the state agency and the chief information officer:
(1) The chief information officer may delegate an information technology function of the office to another state agency by agreement or other means authorized by law, EXCEPT THAT THE CHIEF INFORMATION OFFICER SHALL NOT DELEGATE A DUTY ,RESPONSIBILITY ,OR POWER OF THE CHIEFINFORMATION SECURITY OFFICER .
-8- 185 SECTION4.
The chief information officer may delegateaninformationtechnologyfunctionoftheofficeifinthejudgment of the director of the state agency and the chief information officer:
InColoradoRevisedStatutes,24-37.5-403,amend (1), (2)(h), and (2)(i);
SECTION 4.
In Colorado Revised Statutes, 24-37.5-403, amend (1), (2)(h), and (2)(i);
(1) Thechiefinformationofficershallappointachiefinformation security officer who shall serve at the pleasure of the chief information officer.
(1) The chief information officer shall appoint a chief information security officer who shall serve at the pleasure of the chief information officer.
The security officer shall exhibit a background and expertise in security and risk management for communicationsand informatioTECHNOLOGY resources.Intheeventthe security officer is unavailable to perform the duties and responsibilities under this part 4, all powers and authority granted to the security officer may MUST be exercised by the chief information officer.
The security officer shall exhibit a background and expertise in security and risk management for communications and information TECHNOLOGY resources.
In the event the security officer is unavailable to perform the duties and responsibilities under this part 4, all powers and authority granted to the security officer may MUST be exercised by the chief information officer.
(h) In coordination and consultation with the office of state planning and budgeting and the chief information officer, review public agency budget requests related to information security systems and approve such budget requests for state agencies other than the legislative department;
(h) Incoordinationandconsultationwiththeofficeofstateplanning and budgeting and the chief information officer, review public agency budget requests related to information security systems and approve such budgetrequestsforstateagenciesotherthanthelegislativedepartment;and (i) Coordinate with the Colorado commission on higher education for purposes of reviewing and commenting TO REVIEW AND COMMENT on information security plans adopted by institutions of higher education that are submitted pursuant to section 24-37.5-404.5 (3);
and (i) CoordinatewiththeColoradocommissiononhighereducation for purposes of reviewing and commentingVIEWANDCOMMENT on informationsecurityplansadoptedbyinstitutionsofhighereducationthat are submitted pursuant to section 24-37.5-404.5 (3);
(j) SBMIT TO THE JOINT TECHNOLOGY COMMITTEE ,ON OR BEFORE N OVEMBER 1, 2027, AND ON OR BEFORE NOVEMBER 1 OF EACH YEAR PAGE 6-SENATE BILL 26-185 THEREAFTER , A WRITTEN INFORMATION TECHNOLOGY SECURITY COMPLIANCE REPORT THAT INCLUDES THE FOLLOWING INFORMATION :
(j) SBMITTOTHEJOINTTECHNOLOGYCOMMITTEE ,ONORBEFORE N OVEMBER 1, 2027AND ON OR BEFORE NOVEMBER 1 OF EACH YEAR THEREAFTER , A WRITTEN INFORMATION TECHNOLOGY SECURITY COMPLIANCE REPORT THAT INCLUDES THE FOLLOWING INFORMATION:
(I) THE OFFICS CURRENT COMPLIANCE STATUS WITH APPLICABLE SECURITY STANDARDS ;
-9- 185 (I) HEOFFICE'SCURRENT COMPLIANCESTATUSWITHAPPLICABLE SECURITY STANDARDS ;
(II) ALL OPEN AUDIT RECOMMENDATIONS MADE BY THE OFFICE OF THESTATEAUDITORANDTHEDATEONWHICHEACHRECOMMENDATIONWAS MADE ;
(II) ALOPENAUDIT RECOMMENDATIONSMADE BYTHE OFFICE OF THE STATE AUDITOR AND THE DATE ON WHICH EACH RECOMMENDATION WAS MADE ;
(III) A TIMELINE FOR REMEDIATION FOR EACH OPEN RECOMMENDATION MADE BY THE OFFICE OF THE STATE AUDITOR ;AND (IV) A MITIGATION PLAN OR COMPENSATING CONTROLS FOR THE REMEDIATION OF EACH OPEN RECOMMENDATION MADE BY THE OFFICE OF THE STATE AUDITOR;AND (k) (I) UBMIT TO THE JOINT TECHNOLOGY COMMITTEE ,ON OR BEFORE NOVEMBER 1,2027,ANDONORBEFORE NOVEMBER 1OFEACHYEAR THEREAFTER ,A WRITTEN STATEWIDE INFORMATION TECHNOLOGY SECURITY RISK REPORT THAT ASSESSES THE OVERALL SECURITY RISK POSTURE OF STATE AGENCY INFORMATION TECHNOLOGY SYSTEMS .
(III) A TIMELINE FOR REMEDIATION FOR EACH OPEN RECOMMENDATION MADE BY THE OFFICE OF THE STATE AUDITOR;AND (IV) A MITIGATION PLAN OR COMPENSATING CONTROLS FOR THE REMEDIATION OF EACH OPEN RECOMMENDATION MADE BY THE OFFICE OF THE STATE AUDITOR;AND (k) (I) SBMIT TO THE JOINT TECHNOLOGY COMMITTEE ,ON OR BEFORE N OVEMBER 1, 2027,AND ON OR BEFORE NOVEMBER 1OF EACH YEAR THEREAFTER ,A WRITTEN STATEWIDE INFORMATION TECHNOLOGY SECURITY RISK REPORT THAT ASSESSES THE OVERALL SECURITY RISK POSTURE OF STATE AGENCY INFORMATION TECHNOLOGY SYSTEMS .
(II) T SUPPORT THE PREPARATION OF THE SECURITY RISK REPORT REQUIRED BY SUBSECTION (2)(k)(I)OF THIS SECTION , THE CHIEF INFORMATION SECURITY OFFICER MAY CONDUCT EVALUATIONS OF STATE AGENCY INFORMATION TECHNOLOGY SYSTEMS AS THE CHIEFINFORMATION SECURITY OFFICER DEEMS NECESSARY,INCLUDING PENETRATION TESTING, VULNERABILITY SCANNING ,CONFIGURATION EVALUATIONS ,AND VENDOR AND SYSTEM REVIEWS .
(II) TSUPPORT THEPREPARATIONOFTHESECURITYRISKREPORT REQUIRED BY SUBSECTION (2)(k)(I)OF THIS SECTION, THE CHIEF INFORMATION SECURITY OFFICER MAY CONDUCT EVALUATIONS OF STATE AGENCYINFORMATIONTECHNOLOGYSYSTEMSASTHECHIEFINFORMATION SECURITYOFFICERDEEMSNECESSARY ,INCLUDINGPENETRATIONTESTING , VULNERABILITYSCANNING ,CONFIGURATIONEVALUATIONS ,ANDVENDOR AND SYSTEM REVIEWS .
(III) EACH STATE AGENCY SHALL PROVIDE TO THE CHIEF INFORMATION SECURITY OFFICER , UPON REQUEST , THE ACCESS AND INFORMATION NECESSARY TO CONDUCT EVALUATIONS PURSUANT TO SUBSECTION (2)(k)(IIOF THIS SECTION, INCLUDING SYSTEM ACCESS , PRODUCT INFORMATION ,AND ARCHITECTURE INFORMATION .
(III) EACH STATE AGENCY SHALL PROVIDE TO THE CHIEF INFORMATION SECURITY OFFICER , UPON REQUEST ,THE ACCESS AND INFORMATION NECESSARY TO CONDUCT EVALUATIONS PURSUANT TO SUBSECTION (2)(k)(IIOF THIS SECTION,INCLUDING SYSTEM ACCESS , PRODUCT INFORMATION ,AND ARCHITECTURE INFORMATION .
(4) T HE CHIEF INFORMATION SECURITY OFFICER, OR THE CHIEF INFORMATION OFFICER IF THE SECURITY OFFICER IS UNAVAILABLESHALL PERFORMTHEDUTIESANDUPHOLDTHERESPONSIBILITIESASSIGNEDTOTHE PAGE 7-SENATE BILL 26-185 CHIEF INFORMATION SECURITY OFFICER PURSUANT TO THIS PART 4.
-10- 185 (4) T HE CHIEF INFORMATION SECURITY OFFICER, OR THE CHIEF INFORMATION OFFICER IF THE SECURITY OFFICER IS UNAVAILAB,SHALL PERFORMTHEDUTIESANDUPHOLDTHERESPONSIBILITIESASSIGNEDTOTHE CHIEF INFORMATION SECURITY OFFICER PURSUANT TO THIS PART 4.
THE CHIEF INFORMATION OFFICER SHALL NOT DELEGATE THE DUTIES , RESPONSIBILITIES,OR POWERS OF THE CHIEF INFORMATION SECURITY OFFICER TO ANY PERSON OTHER THAN THE CHIEF INFORMATION SECURITY OFFICER.
HE CHIEF INFORMATION OFFICER SHALL NOT DELEGATE THE DUTIES , RESPONSIBILITIE, OR POWERS OF THE CHIEF INFORMATION SECURITY OFFICER TO ANY PERSON OTHER THAN THE CHIEF INFORMATION SECURITY OFFICER.
NOTHING IN THIS SECTION PREVENTS THE CHIEF INFORMATION SECURITY OFFICER FROM DIRECTING PERSONNEL WITHIN THE INFORMATION SECURITY OFFICE TO CARRY OUT SECURITY FUNCTIONS UNDER THE CHIEF INFORMATIONSECURITYOFFICER SSUPERVISIONANDACCOUNTABILITY .THE CHIEFINFORMATIONSECURITYOFFICERISRESPONSIBLEFORTHEACCURACY OF THE COMPLIANCE REPORT REQUIRED IN SUBSECTION (2)(jOF THIS SECTION AND THE SECURITY RISK REPORT REQUIRED IN SUBSECTION (2)(k) OFTHISSECTION ,REGARDLESSOFWHICHPERSONNELCONTRIBUTEDTOTHE PREPARATION OF THE REPORTS .
NOTHING IN THIS SECTION PREVENTS THE CHIEF INFORMATION SECURITYOFFICERFROMDIRECTINGPERSONNELWITHINTHEINFORMATION SECURITY OFFICE TO CARRY OUT SECURITY FUNCTIONS UNDER THE CHIEF INFORMATION SECURITY OFFICER S SUPERVISION AND ACCOUNTABILITY .
T HE CHIEF INFORMATION SECURITY OFFICER IS RESPONSIBLE FOR THE ACCURACY OF THE COMPLIANCE REPORT REQUIRED IN SUBSECTION (2)(j) OF THIS SECTION AND THE SECURITY RISK REPORT REQUIRED IN SUBSECTION (2)(k)OF THIS SECTIO,REGARDLESS OF WHICH PERSONNEL CONTRIBUTED TO THE PREPARATION OF THE REPORTS .
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
on the day following the expiration of the ninety-dayperiod after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless PAGE 8-SENATE BILL 26-185 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-11- 185
____________________________ ____________________________ James Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 9-SENATE BILL 26-185
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