A BILL TO BE ENTITLED
AN ACT to repeal state agency exemptions relating to state information technology governance, security, and procurement.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 147‑33.72C(d) reads as rewritten:
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SECTION 2.  G.S. 147‑33.80 reads as rewritten:
"§ 147‑33.80.  Applicability.
Unless otherwise specifically provided by law, this Article shall apply to the General Assembly, the Judicial Department, and The University of North Carolina and its constituent institutions. These agencies shall participate in the information technology programs, services, or contracts offered by the Office, including information technology procurement, in accordance with the statutes, policies, and rules of the Office."
SECTION 3.  G.S. 147‑33.81 reads as rewritten:
"§ 147‑33.81.  Definitions.
As used in this Article:
(1)	Distributed information technology assets. – Hardware, software, and communications equipment not classified as traditional mainframe‑based items, including personal computers, local area networks (LANs), servers, mobile computers, peripheral equipment, and other related hardware and software items.
(2)	Information technology. – Electronic data processing goods and services, telecommunications goods and services, security goods and services, microprocessors, software, information processing, office systems, any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes.
(3)	Information technology enterprise management. – A method for managing distributed information technology assets from acquisition through retirement so that total ownership costs (purchase, operation, maintenance, disposal, etc.) are minimized while maximum benefits are realized.
(4)	Information technology portfolio management. – A business‑based approach for analyzing and ranking potential technology investments and selecting those investments that are the most cost‑effective in supporting the strategic business and program objectives of the agency.
(5)	Office. – The Office of Information Technology Services as established in this Article.
(6)	State agency. – Any State agency, department, institution, commission, committee, board, division, bureau, office, officer, or official of the State, or The University of North Carolina. The term includes the legislative and judicial branches, unless otherwise expressly provided."
SECTION 4.  G.S. 147‑33.82(b) reads as rewritten:
"(b)	Notwithstanding any other provision of law, local governmental entities may use the information technology programs, services, or contracts offered by the Office, including information technology procurement, in accordance with the statutes, policies, and rules of the Office. For purposes of this subsection, "local governmental entities" includes local school administrative units, as defined in G.S. 115C‑5, and community colleges. Local governmental entities are not required to comply with otherwise applicable competitive bidding requirements when using contracts established by the Office."
SECTION 5.  G.S. 147‑33.83(a) reads as rewritten:
"§ 147‑33.83.  Information resources centers and services.
(a)	With respect to all State agencies, the Office of Information Technology Services shall have all of 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 State CIO, after consultation with the Office of State Budget and Management, decides it is advisable from the standpoint of efficiency and economy to establish these centers and services.
(2)	With the approval of the Office of State Budget and Management, 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)	To require any department served to transfer to the Office ownership, custody, or control of information processing equipment, supplies, and positions required by the shared centers and services.
(4)	To adopt reasonable rules for the efficient and economical management and operation of the shared centers, services, and the integrated State telecommunications network.
(5)	To adopt plans, policies, procedures, and rules for the acquisition, management, and use of information technology resources to facilitate more efficient and economic use of information technology in these departments.
(6)	To develop and promote training programs to efficiently implement, use, and manage information technology resources.
(7)	To provide cities, counties, and other local governmental units with access to the Office of Information Technology Services, information resource centers and services as authorized in this section for State agencies. Access shall be provided on the same cost basis that applies to State agencies.
(b)	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 section until safeguards for the data's security satisfactory to the department head and the State Chief Information Officer 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 section does not affect the provisions of G.S. 147‑64.6, 147‑64.7, or 147‑33.91.
(c)	The Office of Information Technology Services may provide information technology services on a cost‑sharing basis to the General Assembly and its agencies as requested by the Legislative Services Commission."
SECTION 6.  G.S. 147‑33.84 reads as rewritten:
"§ 147‑33.84.  State agency requests for deviations.
(a)	Any State agency may apply in writing to the State CIO for authority to deviate from the provisions in G.S. 147‑33.83(a). If granted, any deviation shall be consistent with available funding and shall be subject to such terms and conditions as may be specified by the State CIO. If the agency's request for deviation is denied by the State CIO, the agency may request a review of the decision pursuant to G.S. 147‑33.72D.
(b)	Pursuant to a deviation granted by the State CIO, a State agency may 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 that are consistent with the requirements of the deviation.(c)	The State CIO shall review deviations granted to State agencies under this section prior to July 1, 2013. The State CIO shall adopt a plan to bring each deviation within the State CIO's general governance under this Article as soon as practicable.	"
SECTION 7.  G.S. 147‑33.91 reads as rewritten:
"§ 147‑33.91.  Telecommunications services; duties of State Chief Information Officer with respect to State agencies.
(a)	With respect to State agencies, the State Chief Information Officer shall exercise general coordinating authority for all telecommunications matters relating to the internal management and operations of those agencies. In discharging that responsibility, the State Chief Information Officer, in cooperation with affected State agency heads, may:
(1)	Provide for the establishment, management, and operation, through either State ownership, contract, or commercial leasing, of the following systems and services as they affect the internal management and operation of State agencies:
a.	Central telephone systems and telephone networks.
b.	Repealed by Session Laws 2004‑129, s. 23, effective July 1, 2004.
c.	Repealed by Session Laws 2004‑129, s. 23, effective July 1, 2004.
d.	Satellite services.
e.	Closed‑circuit TV systems.
f.	Two‑way radio systems.
g.	Microwave systems.
h.	Related systems based on telecommunication technologies.
i.	The "State Network", managed by the Office, which means any connectivity designed for the purpose of providing Internet Protocol transport of information to any building.
(2)	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 subdivision (1) of this subsection.
(3)	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.
(4)	Perform traffic analysis and engineering for all telecommunications services and systems listed in subdivision (1) of this subsection.
(5)	Pursuant to G.S. 143‑49, establish telecommunications specifications and designs so as to promote and support compatibility of the systems within State agencies.
(6)	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.
(7)	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.
(8)	Provide a periodic inventory of telecommunications costs, facilities, systems, and personnel within State agencies.
(9)	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.
(10)	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.
(11)	Advise all State agencies on telecommunications management planning and related matters and provide through the State Personnel Training Center or the Office of Information Technology Services training to users within State agencies in telecommunications technology and systems.
(12)	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.
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SECTION 8.  G.S. 147‑33.111(b) reads as rewritten:
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SECTION 9.  G.S. 143‑661(a) reads as rewritten:
"(a)	The Criminal Justice Information Network Governing Board is established within the Office of the State Chief Information Officer to operate the State's Criminal Justice Information Network, the purpose of which shall be to provide the governmental and technical information systems infrastructure necessary for accomplishing State and local governmental public safety and justice functions in the most effective manner by appropriately and efficiently sharing criminal justice and juvenile justice information among law enforcement, judicial, and corrections agencies."
SECTION 10.  G.S. 143C‑3‑3(e) reads as rewritten:
"(e)	Information Technology Request. – In addition to any other information requested by the Director, any State agency requesting significant State resources, as defined by the Director, for the purpose of acquiring or maintaining information technology shall accompany that request with all of the following:
(1)	A statement of its needs for information technology and related resources, including expected improvements to programmatic or business operations, together with a review and evaluation of that statement prepared by the State Chief Information Officer.
(2)	A statement setting forth the requirements for State resources, together with an evaluation of those requirements by the State Chief Information Officer that takes into consideration the State's current technology, the opportunities for technology sharing, the requirements of Article 3D of Chapter 147 of the General Statutes, and any other factors relevant to the analysis.
(3)	A statement by the State Chief Information Officer that sets forth viable alternatives, if any, for meeting the agency needs in an economical and efficient manner.
(4)	In the case of an acquisition, an explanation of the method by which the acquisition is to be financed.
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SECTION 11.  This act is effective when it becomes law.