GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 263

Short Title:  GPAC-Transfer SIPS to Admin. Dept.	(Public)
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Sponsors: Senator Martin of Guilford.
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Referred to:  Government Performance Audit.
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February 19, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO TRANSFER THE STATE INFORMATION PROCESSING SYSTEM TO THE DEPARTMENT OF ADMINISTRATION.
The General Assembly of North Carolina enacts:
Section 1.  State Information Processing Services, described in Part 28A of Article 9 of Chapter 143B of the General Statutes, is transferred from the Office of the State Controller to the Department of Administration.  This transfer shall include all elements of a Type I transfer, as defined in G.S. 143A-6.
Sec. 2.  Part 23 of Article 9 of Chapter 143B of the General Statutes reads as rewritten:
"Part 23.  Information Resource Management Commission.
"§ 143B-426.21.  Information Resource Management Commission.
(a)	Creation; Membership. – The Information Resource Management Commission is created in the Department of Administration.  The Commission consists of the following members:
(1)	Four members of the Council of State, appointed by the Governor.
(2)	The Secretary of Administration.
(3)	The State Budget Officer.
(4)	Two members of the Governor's cabinet, appointed by the Governor.
(5)	One citizen of the State of North Carolina with a background in and familiarity with information systems or telecommunications, appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
(6)	One citizen of the State of North Carolina with a background in and familiarity with information systems or telecommunications, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
(7)	The Chair of the Governor's Committee on Data Processing and Information Systems.
(8)	The Chair of the State Information Processing Services Advisory Board.
Members of the Commission shall not be employed by or serve on the board of directors or other corporate governing body of any information systems, computer hardware, computer software, or telecommunications vendor of goods and services to the State of North Carolina.
The two initial cabinet members appointed by the Governor and the two initial citizen members appointed by the General Assembly shall each serve a term beginning September 1, 1992, and expiring on June 30, 1995. Thereafter, their successors shall be appointed for four-year terms, commencing July 1.  Members of the Governor's cabinet shall be disqualified from completing a term of service of the Commission if they are no longer cabinet members.
The appointees by the Governor from the Council of State shall each serve a term beginning on September 1, 1992, and expiring on June 30, 1993.  Thereafter, their successors shall be appointed for four-year terms, commencing July 1.  Members of the Council of State shall be disqualified from completing a term of service on the Commission if they are no longer members of the Council of State.
Vacancies in the two legislative appointments shall be filled as provided in G.S. 120-122.
The Commission chair shall be elected in the first meeting of each calendar year from among the appointees of the Governor from the Council of State and shall serve a term of one year.  The Secretary of Administration shall be secretary to the Commission.
No member of the Information Resource Management Commission shall vote on an action affecting solely his or her own State agency.
(b)	Powers and Duties. – The Commission has the following powers and duties:
(1)	To develop, approve, and publish a statewide information technology strategy covering the current and following biennium that shall be updated annually and shall be submitted to the General Assembly on the first day of each regular session.
(2)	To develop, approve, and sponsor statewide technology initiatives and to report on those initiatives in the annual update of the statewide information technology strategy.
(3)	To review and approve biennially the information technology plans of the executive agencies, including their plans for the procurement and use of personal computers and workstations.
(4)	To recommend to the Governor and the Office of State Budget and Management the relative priorities across executive agency information technology plans.
(5)	To establish a quality assurance policy for all agency information technology projects, information systems training programs, and information systems documentation.
(6)	To establish and enforce a quality review and expenditure review procedure for major agency information technology projects.
(7)	To review and approve expenditures from appropriations made to the Office of State Budget and Management for the purpose of creating a Computer Reserve Fund.
(8)	To develop and promote a policy and procedures for the fair and competitive procurement of information technology consistent with the rules of the Department of Administration and consistent with published industry standards for open systems that provide agencies with a vendor-neutral operating environment where different information technology hardware, software, and networks operate together easily and reliably.
(c)	Meetings. – The Information Resources Management Commission shall adopt bylaws containing rules governing its meeting procedures.  The Information Resources Management Commission shall meet at least monthly."
Sec. 3.  G.S. 143B-426.39(14) is recodified as G.S. 143-341(11) and reads as rewritten:
" (11)	Telecommunications for State Agencies. – With respect to State agencies, to exercise general coordinating authority for all telecommunications matters relating to the internal management and operations of these agencies.  In discharging that responsibility the Secretary of Administration may in cooperation with affected State agency heads, do such of the following things as he deems necessary and advisable:
a.	Provide for the establishment, management, and operation, through either State ownership or commercial leasing, of the following systems and services as they affect the internal management and operation of State agencies:
1.	Central telephone systems and telephone networks;
2.	Teleprocessing systems;
3.	Teletype and facsimile services;
4.	Satellite services;
5.	Closed-circuit TV systems;
6.	Two-way radio systems;
7.	Microwave systems;
8.	Related systems based on telecommunication technologies.
b.	With the approval of the Information Technology Council, coordinate the development of cost-sharing systems for respective user agencies for their proportionate parts of the cost of maintenance and operation of the systems and services listed in item 'a.' of this subdivision.
c.	Assist in the development of coordinated telecommunications services or systems within and among all State agencies and recommend, where appropriate, cooperative utilization of telecommunication facilities by aggregating users.
d.	Perform traffic analysis and engineering for all telecommunications services and systems listed in item 'a.' of this subdivision.
e.	Pursuant to G.S. 143-49, establish telecommunications specifications and designs so as to promote and support compatibility of the systems within State agencies.
f.	Pursuant to G.S. 143-49 and G.S. 143-50, coordinate the review of requests by State agencies for the procurement of telecommunications systems or services.
g.	Pursuant to G.S. 143-341 and Chapter 146 of the General Statutes, coordinate the review of requests by State agencies for State government property acquisition, disposition, or construction for telecommunications systems requirements.
h.	Provide a periodic inventory of telecommunications costs, facilities, systems, and personnel within State agencies.
i.	Promote, coordinate, and assist in the design and engineering of emergency telecommunications systems, including but not limited to the 911 emergency telephone number program, Emergency Medical Services, and other emergency telecommunications services.
j.	Perform frequency coordination and management for State agencies and local governments, including all public safety radio service frequencies, in accordance with the rules and regulations of the Federal Communications Commission or any successor federal agency.
k.	Advise all State agencies on telecommunications management planning and related matters and provide through the State Personnel Training Center or the State Information Processing Services training to users within State agencies in telecommunications technology and systems.
l.	Assist and coordinate the development of policies and long-range plans, consistent with the protection of citizens' rights to privacy and access to information, for the acquisition and use of telecommunications systems; and base such policies and plans on current information about State telecommunications activities in relation to the full range of emerging technologies.
m.	Work cooperatively with the North Carolina Agency for Public Telecommunications in furthering the purpose of this subdivision.
The provisions of this subdivision shall not apply to the Criminal Information Division of the Department of Justice or to the Judicial Information System in the Judicial Department."
Sec. 4.  G.S. 143B-426.39(15) is recodified as G.S. 143-341(12) and reads as rewritten:
" (12)	Telecommunications for Local Governmental Units. – To provide cities, counties, and other local governmental units with access to a central telecommunications system or service established under subdivision (11) of this section for State agencies.  Access shall be provided on the same cost basis that applies to State agencies."
Sec. 5.  Part 28A of Article 9 of Chapter 143B of the General Statutes reads as rewritten:
"Part 28A.  State Information Processing Services.
"§ 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 Department of Administration 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 Resources Management Commission decides it is advisable from the standpoint of efficiency and economy to establish these centers and services;
(2)	With the approval of the Information Resources Management 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 Resources Management Commission, to require any department served to transfer to the Department of Administration 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 Resources Management 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 Resources Management 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 subsection'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 subsection's requirements shall be reported in writing within 15 days by the Department of Revenue to the Information Resources Management 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 Resources Management Commission, those deviations shall be allowed and shall be reported in writing within 15 days by the Department of Revenue to the Information Resources Management 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 Secretary of Administration have been designed and installed and are fully operational.  Nothing in this subsection 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. 143-341(11).  Notwithstanding any other provision of law, the Department of Administration 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. 6.  This act becomes effective July 1, 1993.