GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 1106

Short Title:  State Computer Funds Limits.	(Public)
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Sponsors: Senators Royall, Daniel; Smith and Seymour.
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Referred to:  State Personnel and State Government.
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June 2, 1992

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE STATE CONTROLLER TO REPORT TO THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS BEFORE HE SPENDS MORE FOR THE STATE COMPUTER SYSTEM THAN WAS ANTICIPATED IN THE BUDGET FOR THE FISCAL PERIOD.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143B-426.40 reads as rewritten:
"§ 143B-426.40.  State Information Processing Services.
With respect to all executive departments and agencies of State government, except the Department of Justice and The University of North Carolina, the Office of State Controller shall have the following powers and duties:
(1)	To establish and operate information resource centers and services to serve two or more departments on a cost-sharing basis, if the Information Technology Commission decides it is advisable from the standpoint of efficiency and economy to establish these centers and services.  Before spending more than was authorized in the budget enacted by the General Assembly for the fiscal period from the internal service fund for the State Information Processing Services for the purposes set out in this subdivision, the State Controller shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office.
(2)	With the approval of the Information Technology Commission, to charge each department for which services are performed its proportionate part of the cost of maintaining and operating the shared centers and services;
(3)	With the approval of the Information Technology Commission, to require any department served to transfer to the Office of the State Controller ownership, custody, or control of information processing equipment, supplies, and positions required by the shared centers and services;
(4)	With the approval of the Information Technology Commission, to adopt reasonable rules for the efficient and economical management and operation of the shared centers, services, and the integrated State telecommunications network;
(5)	With the approval of the Information Technology Commission, to adopt plans, policies, procedures, and rules for the acquisition, management, and use of information technology resources in the departments affected by this subdivision to facilitate more efficient and economic use of information technology in these departments; and
(6)	To develop and promote training programs to efficiently implement, use, and manage information technology resources.
The Department of Revenue is authorized to deviate from this section's requirements that departments or agencies consolidate information processing functions on equipment owned, controlled or under custody of the State Information Processing Services.  All deviations from this section's requirements shall be reported in writing within 15 days by the Department of Revenue to the Information Technology Commission and shall be consistent with available funding.  The Department of Revenue is authorized to adopt and shall adopt plans, policies, procedures, requirements and rules for the acquisition, management, and use of information processing equipment, information processing programs, data communications capabilities, and information systems personnel in the Department of Revenue.  If the plans, policies, procedures, requirements, rules, or standards adopted by the Department of Revenue deviate from the policies, procedures, or guidelines adopted by the State Information Processing Services or the Information Technology Commission, those deviations shall be allowed and shall be reported in writing within 15 days by the Department of Revenue to the Information Technology Commission.  The Department of Revenue and the State Information Processing Services shall develop data communications capabilities between the two computer centers utilizing the North Carolina Integrated Network, subject to a security review by the Secretary of Revenue.
The Department of Revenue shall prepare a plan to allow for substantial recovery and operation of major, critical computer applications.  The plan shall include the names of the computer programs, databases, and data communications capabilities, identify the maximum amount of outage that can occur prior to the initiation of the plan and resumption of operation.  The plan shall be consistent with commonly accepted practices for disaster recovery in the information processing industry.  The plan shall be tested as soon as practical, but not later than six months, after the establishment of the Department of Revenue information processing capability.
No data of a confidential nature, as defined in the General Statutes or federal law, may be entered into or processed through any cost-sharing information resource center or network established under this subdivision until safeguards for the data's security satisfactory to the department head and the State Controller have been designed and installed and are fully operational.  Nothing in this section may be construed to prescribe what programs to satisfy a department's objectives are to be undertaken, nor to remove from the control and administration of the departments the responsibility for program efforts, regardless whether these efforts are specifically required by statute or are administered under the general program authority and responsibility of the department.  This subdivision does not affect the provisions of G.S. 147-64.6, G.S. 147-64.7, or G.S. 143B-426.39(14).  Notwithstanding any other provision of law, the Office of the State Controller shall provide information technology services on a cost-sharing basis to the General Assembly and its agencies as requested by the Legislative Services Commission."
Sec. 2.  This act becomes effective July 1, 1992.