# Title 54 — State Government

## Chapter 54-59 — Information Technology Department

### § 54-59-01. Definitions.

As used in this chapter:
1. "Agency" or "entity" does not include any agricultural commodity promotion group or
any occupational or professional board.
2. "Cybersecurity" means processes or capabilities, wherein, systems, communications,
and information are protected and defended against damage, unauthorized use or
modification, and exploitation.
3. "Cybersecurity strategy" means a vision, plan of action, or guiding principles. Unless
otherwise defined in this chapter, the term does not mean an associated operational
plan.
4. "Department" means the information technology department.
5. "Information technology" means the use of hardware, software, services, and
supporting infrastructure to manage and deliver information using voice, data, and
video.
6. "Major information technology project" means a project that meets one or more of the
following criteria, as determined by the chief information officer:
a. An estimated total cost, as defined by the department, of five million dollars or
more;
b. Requires one year or longer to reach operational status; or
c. Requires oversight due to its potential benefits, risks, public impact, visibility, or
other significant reason.
7. "Network services" means the equipment, software, and services necessary to
transmit voice, data, or video.
### § 54-59-02. Information technology department - Responsibility - Public policy.

The information technology department is established with the responsibility for all wide
area network services planning, selection, and implementation for all state agencies, including
institutions under the control of the board of higher education, counties, cities, and school
districts in this state. With respect to a county, city, or school district, wide area network services
are those services necessary to transmit voice, data, or video outside the county, city, or school
district. In exercising its powers and duties, the department is responsible for computer support
services, host software development, statewide communications services, standards for
providing information to other state agencies and the public through the internet, technology
planning, process redesign, and quality assurance. The department may not exercise its powers
and duties in a manner that competes or otherwise interferes with the provision of
telecommunications service to a private, charitable, or nonprofit entity by a privately or
cooperatively owned telecommunications company.
### § 54-59-02.1. Prioritization of proposed major information technology projects.

Repealed by S.L. 2023, ch. 481, § 4.
### § 54-59-02.2. Distributed ledger technologies - Authorization - Pilot program - Report.

The department shall research and develop the use of distributed ledger-enabled platform
technologies, such as blockchains, for computer-controlled programs, data transfer and storage,
and program regulation to protect against falsification, improve internal data security, and
identify external hacking threats. Research must include efforts to protect the privacy of
personal identifying information maintained within distributed ledger programs. The department
shall select a state agency, upon the request of the state agency, to serve as a pilot program for
the implementation and use of distributed ledger-enabled platform technologies. Before June
first of each even-numbered year, the chief information officer shall report to the legislative
management regarding the implementation of distributed ledger technologies.

### § 54-59-03. Chief information officer of the state.

The governor shall appoint the chief information officer of the state. The governor shall
appoint the chief information officer on the basis of education, experience, and other
qualifications in information technology and administration. The position of chief information
officer is not a classified position. The chief information officer serves at the pleasure of the
governor. The governor shall set the salary of the chief information officer within the limits of
legislative appropriations.
### § 54-59-04. Duties of chief information officer.

The chief information officer shall:
1. Administer the department.
2. Employ any personnel determined to be necessary to carry out the responsibilities of
the department and duties as prescribed by law.
3. Fix the salaries of all employees within the department, within the limits of legislative
appropriation. All personnel within the department are entitled to actual and necessary
travel expenses at the same rate as for other employees of the state.
### § 54-59-05. Powers and duties of department.

The department:
1. Shall provide, supervise, and regulate information technology of all executive branch
state entities, excluding the institutions under the control of the state board of higher
education.
2. Shall provide network services in a way that ensures the network requirements of a
single entity do not adversely affect the functionality of the whole network, facilitates
open communications with the citizens of the state, minimizes the state's investment in
human resources, accommodates an ever-increasing amount of traffic, supports rapid
detection and resolution of problems, protects the network infrastructure from damage
and security breaches, provides for the aggregation of data, voice, video, and
multimedia into a statewide transport mechanism or backbone, and provides for the
network support for the entity to carry out its mission.
3. May review and approve additional network services that are not provided by the
department.
4. May purchase, finance the purchase, or lease equipment, software, or implementation
services or replace, including by trade or resale, equipment or software as may be
necessary to carry out this chapter. An agreement to finance the purchase of software,
equipment, or implementation services may not exceed a period of five years. The
department shall submit any intended financing proposal for the purchase of software,
equipment, or implementation services under this subsection, which is in excess of
one million dollars, to the legislative assembly or the budget section if the legislative
assembly is not in session before executing a financing agreement. Any request
considered by the budget section must comply with section 54-35-02.9. If the
legislative assembly or the budget section does not approve the execution of a
financing agreement, the department may not proceed with the proposed financing
arrangement. The department may finance the purchase of software, equipment, or
implementation services only to the extent the purchase amount does not exceed
seven and one-half percent of the amount appropriated to the department during that
biennium.
5. Shall review requests for lease, purchase, or other contractual acquisition of
information technology as required by this subsection. Each executive branch agency
or institution, excluding the institutions under the control of the board of higher
education, shall submit to the department, in accordance with guidelines established
by the department, a written request for the lease, purchase, or other contractual
acquisition of information technology. The department shall review requests for
conformance with the requesting entity's information technology plan and compliance
with statewide policies and standards. If the request is not in conformance or

compliance, the department may disapprove the request or require justification for the
departure from the plan or statewide policy or standard.
6. Shall provide information technology, including assistance and advisory service, to the
executive, legislative, and judicial branches. If the department is unable to fulfill a
request for service from the legislative or judicial branch, the information technology
may be procured by the legislative or judicial branch within the limits of legislative
appropriations.
7. Shall request and review information, including project startup information
summarizing the project description, project objectives, business need or problem,
cost-benefit analysis, and project risks and a project closeout information summarizing
the project objectives achieved, project budget and schedule variances, and lessons
learned, regarding any major information technology project of an executive branch
agency. The department shall present the information to the information technology
committee on request of the committee.
8. May request and review information regarding any information technology project of an
executive branch agency with a total cost of between one hundred thousand and five
million dollars as determined necessary by the department. The department shall
present the information to the information technology committee on request of the
committee.
9. Shall study emerging technology and evaluate its impact on the state's system of
information technology.
10. Shall develop guidelines for reports to be provided by each agency of the executive,
legislative, and judicial branches, excluding the institutions under the control of the
board of higher education, on information technology in those entities.
11. Shall collaborate with the state board of higher education on guidelines for reports to
be provided by institutions under control of the state board of higher education on
information technology in those entities.
12. Shall perform all other duties necessary to carry out this chapter.
13. May provide wide area network services to a state agency, city, county, school district,
or other political subdivision of this state. The information technology department may
not provide wide area network service to any private, charitable, or nonprofit entity
except the information technology department may continue to provide the wide area
network service the department provided to the private, charitable, and nonprofit
entities receiving services from the department on January 1, 2003.
14. Shall assure proper measures for security, firewalls, and internet protocol addressing
at the state's interface with other facilities.
15. Notwithstanding subsection 13, may provide wide area network services for a period
not to exceed four years to an occupant of a technology park associated with an
institution of higher education or to a business located in a business incubator
associated with an institution of higher education.
16. Shall advise and oversee cybersecurity strategy for all executive branch state
agencies, including institutions under the control of the state board of higher
education, counties, cities, school districts, or other political subdivisions. For purposes
of this subsection, the department shall consult with the attorney general on
cybersecurity strategy.
17. Shall advise and consult with the legislative and judicial branches regarding
cybersecurity strategy.
18. Notwithstanding chapter 54-40.2, may enter a memorandum of understanding with
other state, local, tribal, or territorial governments of the United States for purposes of
ensuring the confidentiality, availability, and integrity of state, local, and tribal
information systems and data, including consulting, developing cybersecurity strategy,
prevention of cybersecurity incidents, and response strategies to cybersecurity
incidents. The department may charge an amount equal to the cost of the services
rendered by the department to all agencies that receive and expend moneys from
other than the general fund.

19. Notwithstanding chapter 54-40.2, may enter a mutual aid agreement with other state,
local, tribal, or territorial governments of the United States agreeing to the reciprocal
exchange of resources and services for mutual benefit of the parties related to
cybersecurity efforts for the purposes of responding to or mitigating active
cybersecurity incidents. The department may receive in-kind benefits that reduce
cybersecurity risks to information technology or shall charge an amount equal to the
cost of the services rendered by the department to all agencies that receive and
expend moneys from other than the general fund.
20. May provide information technology and cybersecurity services to any administrative,
elementary education, secondary education, and higher education institution under the
control of a tribal government of this state. The services provided and the cost of
services must be equal to those provided to state agencies. An agreement for services
entered under this section is not subject to the provisions of chapter 54-40.2.
### § 54-59-06. Business plan.

The department shall develop and maintain a business plan. The business plan must:
1. Define the department's overall organization, mission, and delivery of services.
2. Define the department's short-term and long-term goals and objectives based on
customer needs.
3. Outline the strategies and activities necessary to meet the goals and objectives of the
department while improving the efficiency of the department and improving service to
customers.
4. Define rates and funding mechanisms necessary to finance the proposed activities of
the department.
5. Define a method for evaluating progress toward the goals outlined in the business
plan.
6. Determine the specific strategies and processes to ensure that agencies share
information, systems, and the statewide network.
7. Address the processes that will be put in place to ensure that the department
exercises its powers and duties with minimal delay, cost, and procedural burden to an
entity receiving services from the department; to ensure that the department provides
prompt, high-quality services to an entity receiving services from the department; to
ensure that an entity receiving services from the department is aware of the
technology available and to ensure training on its use; and to foster information
technology innovation by state entities.
### § 54-59-07. State information technology advisory committee.

Repealed by S.L. 2023, ch. 481, § 4.
### § 54-59-08. Required use of wide area network services.

Each state agency and institution that desires access to wide area network services and
each county, city, and school district that desires access to wide area network services to
transmit voice, data, or video outside that county, city, or school district shall obtain those
services from the department. The chief information officer may exempt from the application of
this section a county, city, or school district that demonstrates its current wide area network
services are more cost-effective for or more appropriate for the specific needs of that county,
city, or school district than wide area network services available from the department. For
purposes of enhanced 911 and next generation 9-1-1 communications services, governmental
entities are exempt from the provisions of this section. In selecting enhanced 911 and next
generation 9-1-1 communication network providers, governmental entities shall select providers
that are cost-effective, demonstrably reliable, and which follow interoperable standards set by
the emergency services communications coordinating committee.

### § 54-59-09. Information technology standards.

Based on information from state agencies and institutions, the department and the office of
management and budget shall develop statewide information technology policies, standards,
and guidelines. The policies, standards, and guidelines must recognize the uniqueness of
certain agencies and state which agencies are included or exempted from the policies,
standards, and guidelines. Each executive branch state agency and institution, excluding the
institutions under the control of the board of higher education, shall comply with the policies and
standards developed by the department and the office of management and budget unless the
chief information officer exempts an agency from the policies, standards, and guidelines to
address situations unique to that agency. Unless an exemption is granted by the chief
information officer, each entity receiving wide area network services provided by the department
shall comply with the policies and standards developed by the department with respect to
access to or use of wide area network services.
### § 54-59-10. Information technology coordinators.

Each agency or institution shall appoint an information technology coordinator. The
coordinator shall maintain liaison with the department and assist the department in areas related
to making the most economical use of information technology.
### § 54-59-11. Information technology plans.

Each executive branch state agency or institution, excluding the institutions under the
control of the board of higher education, unless the chief information officer grants an
exemption, shall participate in the information technology planning process based on guidelines
developed by the department. The statewide information technology plan must be developed
with emphasis on agency strategic goals, business objectives, and alignment to statewide
information technology initiatives.
### § 54-59-11.1. Information technology project planning.

Each executive branch state agency, excluding entities under the control of the state board
of higher education, considering the development of an information technology project with an
estimated cost of one hundred thousand dollars or more shall involve the information technology
department in the planning and study of the project. A state agency must receive a
recommendation from the information technology department prior to proceeding with any study
relating to the project.
### § 54-59-12. Coordination of activities - Reports.

The department shall cooperate with each state entity providing access to any computer
database or electronically filed or stored information under subsection 4 of section 44-04-18 to
assist in providing economical, efficient, and compatible access. The chief information officer
shall conduct conferences and meetings with political subdivisions to review and coordinate
information technology. The chief information officer and the chief information officer of the
North Dakota university system shall meet at least twice each year to plan and coordinate their
information technology. The chief information officer and the chief information officer of the
North Dakota university system shall consider areas in which joint or coordinated information
technology may result in more efficient and effective state government operations. Upon
request, the chief information officer shall report to the legislative management regarding the
coordination of services with political subdivisions, and the chief information officer and the chief
information officer of the North Dakota university system shall report to the legislative
management regarding their findings and recommendations.
### § 54-59-13. Compliance reviews.

Repealed by S.L. 2003, ch. 665, § 21.

### § 54-59-14. Information technology operating fund - Continuing appropriation - Report.

1. The department shall establish a state information technology operating fund in the
state treasury to be used for procuring and maintaining information technology and
network services and for providing information technology and network services to
state entities and network services to users of the state network.
2. Unless exempted by law, each agency or institution provided with information
technology or network services shall pay to the department the charges for services
provided as determined by the department. The department shall deposit the amounts
received in the information technology operating fund, which are appropriated to the
department on a continuing basis for purposes provided under this section, except the
department may not use continuing appropriation authority to pay salaries and wages-
related expenses.
3. The department shall compile a report regarding the status of the information
technology operating fund to be provided at each meeting of the budget section. The
report must include information regarding expenditures paid from the fund for
department administration, operations, and information technology projects by specific
object code, the amount and category of services provided to state agencies and
institutions and users of the state network from moneys in the fund, and the balance
remaining in the fund from the most recently completed quarter. The department shall
present the mostly recently completed report to the appropriation committees of the
legislative assembly each legislative session.
### § 54-59-15. Acceptance of funds.

The department may accept federal or other funds, which must be deposited in the
information technology operating fund or other funds specified by the office of management and
budget and which may be spent subject to legislative appropriation. The department may apply
for any public or private grants available for the improvement of information technology.
### § 54-59-16. Confidentiality.

The department may receive from various agencies and various agencies may provide to
the department any information from the agencies necessary to effect the purposes of this
chapter without regard to the confidential nature of the information. Each agency shall notify the
department regarding the confidential nature of any information submitted to the department.
The department is subject to the same restrictions and penalties regarding the dissemination of
this information as the entity involved. Except for a request for access authorized by section
or 54-59-13, the department shall refer a request for access to or inspection of information
provided by an agency to that agency for response. Referral to the agency satisfies any
responsibility of the department to provide that information under open records requirements.
Upon court order, the department shall provide access to or inspection of this information in
accordance with restrictions of that entity involved governing dissemination of that information.
### § 54-59-17. Educational technology council - Meetings - Compensation.

Repealed by S.L. 2019, ch. 144, § 4.
### § 54-59-18. North Dakota educational technology council - Powers and duties.

Repealed by S.L. 2019, ch. 144, § 4.
### § 54-59-19. Information technology department annual report.

The department shall prepare and present an annual report to the information technology
committee. The report must contain:
1. A list of all projects for which financing agreements have been executed.
2. A comparison of the department's rates charged for services compared to rates
charged for comparable services in other states and in the private sector.

3. Information regarding the delivery of services to agencies, including service
dependability, agency complaints, and information technology department
responsiveness.
4. A description of the status and progress of programs established pursuant to chapter
54-46 and as specifically required by section 54-46-11.
### § 54-59-20. Security background information.

The chief information officer may require as a condition of employment or as a condition of
contracting with the department that individuals, including any individuals employed by the
contractor or a subcontractor to perform work under the contract, who have unescorted physical
access to the facilities or other security-sensitive areas of the department designated by the
chief information officer submit to a criminal history record check in accordance with section
### § 12-60-24. The chief information officer may require as a condition of contracting with the

department or other state agency or department with respect to an information technology
project that any individual employed by the contractor or a subcontractor to perform the work
under the contract submit to a criminal history record check in accordance with section
12-60-24.
### § 54-59-21. Criminal justice information sharing board - Membership - Duties and

powers - Director - Exempt records.
Repealed by S.L. 2015, ch. 37, § 15.
### § 54-59-22. Required use of electronic mail, file and print server administration,

database administration, application server, and hosting services.
Each state agency and institution, excluding the legislative and judicial branches, the
institutions under the control of the state board of higher education, the attorney general, and
any entity exempted by the office of management and budget after advisement by the
information technology department, shall obtain electronic mail, file and print server
administration, database administration, storage, application server, and hosting services
through a delivery system established by the information technology department in conjunction
with the office of management and budget. The office of management and budget, after
receiving advice from the information technology department, shall establish policies and
guidelines for the delivery of services, including the transition from existing systems to functional
consolidation, with consideration given to the creation of efficiencies, cost-savings, and
improved quality of service.
### § 54-59-22.1. Required use of centralized desktop support services.

1. The following state agencies shall obtain centralized desktop support services from the
information technology department:
a. Office of administrative hearings.
b. Office of the governor.
c. Commission on legal counsel for indigents.
d. Public employees retirement system.
e. North Dakota university system office.
f. Department of career and technical education.
g. Department of financial institutions.
h. Department of veterans' affairs.
i. Aeronautics commission.
j. Council on the arts.
k. Agriculture commissioner.
l. Department of labor and human rights.
m. Indian affairs commission.
n. Protection and advocacy project.
o. Secretary of state.
p. State treasurer.

q. State auditor.
2. The office of management and budget, after receiving advice from the information
technology department, shall establish policies and guidelines for the delivery of
desktop support services, including the transition from existing systems to functional
consolidation, with consideration given to the creation of efficiencies, cost-savings, and
improved quality of service. For purposes of this section "desktop support services"
means technical assistance and device management relating to the use of personal
computers and peripheral devices.
### § 54-59-23. Information technology projects - Reports.

1. An executive, legislative, or judicial branch agency, except for institutions under the
control of the state board of higher education, shall report to the department before
September first of each even-numbered year regarding the plan for and status of any
information technology project that is estimated to cost more than five hundred
thousand dollars.
2. During the life of the project, the agency shall notify the department if:
a. At a project milestone, the amount expended on project costs exceeds the
planned budget for that milestone by twenty percent or more; or
b. At a project milestone, the project schedule extends beyond the planned
schedule to attain that milestone by twenty percent or more.
3. A report under subsection 2 must specify corrective measures being undertaken to
address any cost or time of completion issue. If the agency has not taken adequate
corrective measures within ninety days after the report, the agency shall submit a
report to the legislative management's information technology committee regarding the
project.
4. Upon completion of the project, the agency shall notify the department if:
a. The budget for the project exceeded the original budget by twenty percent or
more; or
b. The final project completion date extended beyond the original project scheduled
completion date by twenty percent or more.
### § 54-59-24. Borrowing authority - E-rate funding - Emergency commission approval.

Notwithstanding the limitations provided in section 54-59-05 and upon the approval of the
emergency commission, the department may borrow from the Bank of North Dakota an amount
necessary to pay telecommunications costs for connecting approved schools and libraries in the
event e-rate funding is not received by the department from the schools and libraries division of
the universal service administrative company. In addition to the principal repayment, the Bank of
North Dakota is entitled to receive interest on the loan at a rate equal to other state agency
borrowings. If at the end of the biennium a balance exists on any loan obtained pursuant to this
section and funds are not anticipated to be available from the schools and libraries division of
the universal service administrative company to repay the loan, the department shall request a
deficiency appropriation from the legislative assembly to repay the loan.
### § 54-59-25. Health information technology advisory committee - Duties.

Repealed by S.L. 2025, ch. 479, § 39.
### § 54-59-26. Health information technology office - Duties - Loan and grant programs.

1. The health information technology office is created in the department.
2. The health information technology office director shall:
a. Apply for federal funds that may be available to assist the state and health care
providers in implementing and improving health information technology.
b. Implement and administer a health information exchange that utilizes information
infrastructure and systems in a secure and cost-effective manner to facilitate the
collection, storage, and transmission of health records.

c. Adopt rules under chapter 28-32 for the use of health information, use of the
health information exchange, and participation in the health information
exchange.
d. Adopt rules under chapter 28-32 for accessing the health information exchange to
ensure appropriate and required privacy and security protections and relating to
the authority of the director to suspend, eliminate, or terminate the right to
participate in the health information exchange.
e. Establish a health information technology planning loan program to provide
low-interest loans to health care entities to assist those entities in improving their
health information technology infrastructure under section 6-09-43.
f. Facilitate and expand electronic health information exchange in the state, directly
or by awarding grants.
g. Establish an application process and eligibility criteria for and accept and process
applications for loans and grants under subdivisions e and f. The eligibility criteria
must be consistent with federal requirements associated with federal funds
received under subdivision a. The eligibility criteria for loans under subdivision f
must include a requirement that the recipient's approved health information
technology be strategically aligned with the state's health information technology
plan and the associated federal standards and that the recipient has passed an
onsite electronic medical record readiness assessment conducted by an
assessment team determined by the health information technology office director.
h. Determine fees and charges for access and participation in the health information
exchange. Any moneys collected under this subdivision must be deposited in the
electronic health information exchange fund.
i. Consult and coordinate with the department of health and human services to
facilitate the collection of health information from health care providers and state
agencies for public health purposes, including identifiable health information that
may be used by state agencies, departments, or institutions to comply with
applicable state or federal laws.
3. The health information technology office director may join with another state or states
to establish, implement, and administer a health information exchange consistent with
this chapter.
### § 54-59-27. Health information technology office - Electronic health information

exchange fund.
1. There is created an electronic health information exchange fund. The fund consists of
moneys deposited in the fund from federal or other sources or moneys transferred into
the fund as directed by the legislative assembly. The health information technology
office shall administer this fund and shall distribute moneys in the fund accordingly.
The moneys in the fund must be used to facilitate and expand electronic health
information exchange. Moneys in the fund may be used, subject to legislative
appropriations, to provide services directly, for grants as provided under this section,
and for the costs of administration of the fund.
2. A grant applicant shall submit an application to the health information technology
office, which shall determine the applicant's eligibility based upon criteria established
by the health information technology office director.
3. This section does not create an entitlement to any funds available for grants under this
section. The health information technology office may award these grants to the extent
funds are available and, within the office's discretion, to the extent such applications
are approved.
### § 54-59-28. Participation in the health information exchange by executive branch state

agencies and institutions of higher education.
1. Before January 1, 2015, each executive branch state agency and each institution of
higher education that implements, acquires, or upgrades health information technology
systems shall use health information technology systems and products that meet

minimum standards adopted by the health information technology office for accessing
the health information exchange. A state agency or institution of higher education that
participates in or has health information that supports or develops the health
information exchange shall provide access to patient-specific data to complete the
patient record within the health information exchange. Notwithstanding any other
provision of law, each participating agency and institution shall provide patient-specific
data to the health information exchange.
2. Participation in the health information exchange by a state agency or institution has no
effect on the content, use, or disclosure of health information of patient participants
which is held in locations other than the exchange. This section does not limit or
change the obligation of an agency or institution to exchange health information in
accordance with other applicable federal and state laws or rules.
### § 54-59-29. Health information exchange - Confidential and exempt records.

Information submitted to, stored in, or transmitted by the health information exchange under
this chapter and any such data or record in the possession of the health information technology
office is an exempt record under chapter 44-04 unless the information is confidential under
applicable federal or state law.
### § 54-59-30. Immunity for reliance on data from the health information exchange.

A health care provider that relies in good faith upon any information provided through the
health information exchange in the treatment of a patient is immune from criminal or civil liability
arising from any damages caused by that good-faith reliance. The immunity granted under this
section does not apply to acts or omissions constituting gross negligence or reckless, wanton,
or intentional misconduct.
### § 54-59-31. Certified electronic health records systems.

1. An executive branch state agency, an institution of higher education, and any health
care provider or other person participating in the health information exchange may use
only an electronic health record system for use in the exchange which is certified
under rules adopted by the office of the national coordinator for health information
technology.
2. Subsection 1 does not apply if:
a. The office of the national coordinator for health information technology does not
require certification of the electronic health record system for that type of
provider; or
b. The North Dakota health information technology director waives the certification
requirement.
### § 54-59-32. Major information technology projects - Oversight.

1. An executive branch state agency, excluding institutions under the control of the state
board of higher education, proposing to conduct a major information technology
project, the department, and the office of management and budget, in consultation with
the attorney general, shall collaborate on the procurement, contract negotiation, and
contract administration of the project. The agency, the department, and the office of
management and budget, in consultation with the attorney general, shall approve the
solicitation, contract, or agreement, and any amendments relating to the project before
submission to the oversight committee as provided in subsection 3.
2. The procurement officer and primary project manager for a major information
technology project must meet the qualifications established by the department and the
office of management and budget.
3. An oversight committee must be appointed to oversee a major information technology
project. The chief information officer shall appoint a chairman of the committee. The
oversight committee may include the director of the office of management and budget
or a designee of the director, the chief information officer or a designee of the officer,

the head of the agency contracting for the project or a designee, the project sponsor,
and a large project oversight analyst designated by the chief information officer. The
oversight committee shall monitor the overall status of the project and make
recommendations to the head of the agency contracting for the project or a designee,
and the project sponsor, regarding project decisions, negotiation and execution of
contracts, approval of project budgets, implementation of project schedules,
assessment of project quality, and consideration of scope changes.
4. An agreement or contract, including an amendment, revision, or scope change, for a
major information technology project may not be entered unless signed by the head of
the contracting agency or a designee and the chief information officer or a designee of
the officer.
### § 54-59-33. Statewide longitudinal data system committee - Membership.

Repealed by S.L. 2025, ch. 479, § 39.
### § 54-59-34. Statewide longitudinal data system - Information technology department -

Duties.
1. The department shall manage a statewide longitudinal data system among education,
workforce, and training entities that:
a. Provides for the dissemination of management information to stakeholders and
partners of state education, training, and employment systems;
b. Is required to provide on an annual basis to education and workforce
development programs, to the extent permitted by federal law, the wage record
interchange system 2 data sharing agreement and the state wage interchange
system data sharing agreement and state performance reports that measure the
aggregate outcomes of participants in the workforce and continuing education
programs, including private workforce and education programs that request the
reports; and
c. Uses data from educational and workforce systems as central sources of
statewide longitudinal data.
2. The department may, subject to federal and state privacy laws, enter interagency
agreements, including agreements designating authorized representatives of the
educational agencies participating in the system, under the Family Educational Rights
and Privacy Act [20 U.S.C. 1232(g); 34 CFR 99].
3. The department shall establish policies and adopt rules addressing access to and the
collection, storage, and sharing of information and the systems necessary to perform
those functions, subject to applicable federal and state privacy laws and interagency
agreements and restrictions relating to confidential information required to conform to
applicable federal and state privacy laws.
4. The department shall provide operational oversight for information sharing activities
and make recommendations for and provide oversight of information sharing budgets.
5. The department shall:
a. Establish the terms and conditions under which a person may be authorized to
access data through the statewide longitudinal data system;
b. Direct that all statewide longitudinal data system administrators implement
approved data protection practices to ensure the security of electronic and
physical data, provided that the practices include requirements for encryption and
staff training;
c. Provide for biennial privacy and security audits of the statewide longitudinal data
system;
d. Establish protocols, including procedures, for the notification of students and
parents in the event of a data breach involving the statewide longitudinal data
system;
e. Require that data retention and disposition by the statewide longitudinal data
system be governed by the same policies as those instituted for the information
technology department; and

f. Require the provision of annual training regarding data protection to any
individuals who have access to the statewide longitudinal data system, including
school district employees, employees of the North Dakota university system office
and institutions under the control of the state board of higher education, and
elected or appointed state or local governmental officials.
6. The department may authorize studies to benefit and improve workforce training and
education.
### § 54-59-35. Statewide longitudinal data system committee - Powers.

Repealed by S.L. 2025, ch. 479, § 39.
### § 54-59-36. Statewide longitudinal data system - Report to legislative management.

During each interim the department shall provide a report regarding the statewide
longitudinal data system to one or more committees designated by the legislative management
and shall provide recommendations for further development, cost proposals, proposals for
legislation, and recommendations for data sharing governance.
### § 54-59-37. Statewide longitudinal data system - Continuing appropriation.

The department may solicit and receive gifts, grants, and donations from public and private
sources. Any moneys received in accordance with this section are appropriated on a continuing
basis for the support of the statewide longitudinal data system.
### § 54-59-38. Statewide longitudinal data system committee - Information technology

department.
Repealed by S.L. 2025, ch. 479, § 39.
### § 54-59-39. State agencies - Mandatory provision of information - Confidentiality.

1. The information technology department may request from any state agency:
a. All information required by 20 U.S.C. 9871(e)(2)(D);
b. Any other educational information required for a longitudinal data system to
comply with state or federal law; and
c. Unemployment insurance wage data from job service North Dakota for education
and workforce development program evaluations, except that the information
technology department may not redisclose any data identifying an individual
unless the redisclosure is expressly permitted by a written agreement between
job service North Dakota and the department or is otherwise expressly permitted
or required by federal or state law.
2. A state agency providing information requested under subsection 1 shall enter an
interagency agreement with the department which identifies applicable federal and
state privacy laws and agency-established restrictions relating to its confidential
information the agency has determined is required to comply with federal and state
privacy laws.
3. Subject to applicable restrictions on the use and disclosure of confidential information
required to comply with federal and state privacy laws and the terms of the interagency
agreement, any state agency receiving a request for information under subsection 1
shall provide the information at the time and in the manner required by the information
technology department.
