GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 410

Short Title:  GPAC/IRMC Duties and Agency IRM.	(Public)
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Sponsors: Senator Martin of Guilford.
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Referred to:  Government Performance Audit.
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February 25, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT RECOMMENDATIONS OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO MODIFY POWERS AND DUTIES OF THE INFORMATION RESOURCE MANAGEMENT COMMISSION AND TO ESTABLISH VARIOUS AGENCY INFORMATION RESOURCE AND TELECOMMUNICATIONS MANAGEMENT FUNCTIONS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143B-426.21 reads as rewritten:
"§ 143B-426.21.  Information Resource Management Commission.
	(a)	Creation; Membership. – The Information Resource Management Commission is created in the Office of the State Controller. 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.
(9)	To prepare and maintain a statewide data security plan, including data security standards and security audit standards, to protect the integrity and confidentiality of sensitive data and communications that reside on the State's computers and that move through the State's telecommunications networks.
(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.
(d)	Agency Information Resource Manager Reports. – Each executive agency shall designate in January of each year to the Information Resource Management Commission the senior staff member in the agency who serves as the Information Resource Manager in the agency.  Not later than the last business day of the first month of each calendar quarter, the Information Resource Manager in each agency shall deliver to the Commission a written report summarizing the agency's expenditures in the previous calendar quarter for information technology hardware, information technology software, telecommunications, information technology consulting services, information technology personnel, and other miscellaneous information technology expenses.  The report also shall contain brief descriptions of the major information technology initiatives undertaken in the previous calendar quarter and the tangible results from each initiative.
(e)	Agency Telecommunications Resource Managers. – Each State agency shall designate in January of each year one of its employees or officials to the Information Resource Management Commission as the Telecommunications Resource Manager for the agency.  The person designated by the agency as the Telecommunications Resource Manager may be the same person designated as the agency Information Resource Manager.  Any state advisory board or commission that makes recommendations to the State Information Processing Service concerning the operation of its computer and telecommunications resources shall include at least two members from the persons who have been designated as agency telecommunications resource managers.
(f)	State Information Processing Services Telecommunications Plans. –  The State Information Processing Services (hereafter 'SIPS') shall submit an annual telecommunications plan, including plans for the expenditures and operations of the State Telecommunications System, to the first regularly scheduled meeting of the Information Resource Management Commission each year.  The Commission shall incorporate information that it deems relevant and useful from this annual telecommunications plan in the annual statewide information technology strategy presented to the General Assembly on the first day of each regular session.
SIPS shall submit a strategic plan for State telecommunications to the first regularly scheduled meeting of the Information Resource Management Commission each year.  The strategic plan shall include statements of direction for the development of voice, data, and video technology to be made available to State government through the State Telecommunications System in the coming three-to-five years.  The strategic telecommunications plan shall summarize its anticipated costs and benefits to State government and the citizens of North Carolina.  The Commission shall incorporate information that it deems relevant and useful from this strategic telecommunications plan in the annual statewide information technology strategy presented to the General Assembly on the first day of each regular session.
(g)	Risk Notifications. –  The Information Resources Management Commission shall establish and maintain procedures for periodically identifying (i) agencies facing risks to the continuing operation of their information technology systems or (ii) agencies facing risks to the successful implementation of new information technology applications.  Any agency identified and notified by the Commission as facing risks under this subsection shall prepare a written plan to reduce and eliminate these risks.  The affected agencies shall deliver their plans to the Commission not later than 90 days after receiving the notification from the Commission."
Sec. 2.  This act is effective upon ratification.