North Carolina § 66-58 - 12. Agencies may provide access to services through electronic and digital transactions; fees authorized.

§ 66-58. 12. Agencies may provide access to services through electronic and digital transactions; fees authorized.

Public agencies are encouraged to maximize citizen and business access to their services through the use of electronic and digital transactions. A public agency may determine, through program and transaction analysis, which of its services may be made available to the public through electronic means, including the Internet. The agency shall identify any inhibitors to electronic transactions between the agency and the public, including legal, policy, financial, or privacy concerns and specific inhibitors unique to the agency or type of transaction. An agency shall not provide a transaction through the Internet that is impractical, unreasonable, or not permitted by laws pertaining to privacy or security. An agency may charge a fee to cover its costs of permitting a person to complete a transaction through the World Wide Web or other means of electronic access. The fee may be applied on a per transaction basis and may be calculated either as a flat fee or a percentage fee, as determined under an agreement between a person and a public agency. The fee may be collected by the agency or by its third party agent. The fee imposed under subsection (b) of this section must be approved by the State Chief Information Officer. The revenue derived from the fee must be credited to a nonreverting agency reserve account. The funds in the account may be expended only for e-commerce initiatives and projects approved by the State Chief Information Officer. For purposes of this subsection, the term "public agencies" does not include a county, unit, special district, or other political subdivision of government. The State Chief Information Officer shall report any fees imposed under subsection (b) of this section and expenditures for e-commerce initiatives and projects to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Oversight Committee on Information Technology. This section does not apply to the Judicial Department. History (2000-109, s. 8; 2004-129, s. 27; 2005-92, s. 1; 2020-78, s. 19.1(a).) Editor's Note. - Session Laws 2013-360, s. 30.6(a), (b), provides: "(a) The Department of Administration shall study the feasibility of reducing or eliminating the e-commerce fee authorized under G.S. 66-58.12(b). The e-commerce fee supports the E-Procurement System operated by the Department. By February 1, 2014, the Department shall report its findings to the Senate Appropriations Committee on General Government and Information Technology, House of Representatives Appropriations Subcommittee on General Government, Joint Legislative Committee on Information Technology, and Office of State Budget and Management. The report shall include the following: "(1) The current rate of the fee and how it was calculated. "(2) The current revenue generated from the fee by departmental users. "(3) The current breakeven point for the operation of the E-Procurement System. "(4) The requirements for the operation and administration of the E-Procurement System, including the term of any contract with an outside vendor for the management of the E-Procurement System. "(5) Total payments to vendors since the initiation of the E-Procurement System. "(6) Total State receipts since the initiation of the E-Procurement System. "(7) Information on E-Procurement Systems currently in operation in other states and within North Carolina, including an analysis of the advantages and disadvantages of each. "(8) The feasibility and cost of utilizing E-Procurement Systems under management by any State institution. "(9) The feasibility of eliminating the fee supporting the E-Procurement System, E-Commerce Fund (2514), and moving the administration of the E-Procurement System to General Fund Support, including any cost-savings to agencies as a result of vendors not assessing the fee on goods purchased through the System. "(10) The feasibility of reducing the fee by assessing the fee on goods and services only. "(11) The potential for savings from training State employees to operate and maintain the System. "(b) If the contract with an outside vendor operating the E-Procurement System expires during the 2013-2015 biennium, the Department of Administration, under the supervision of the Enterprise Project Management Office and the Statewide Information Technology Procurement Office, shall issue a request for proposals and select a vendor through open competition. Any new contract shall comply with all State information technology procurement requirements, including G.S. 143-135.9, and shall include a requirement that the project be hosted on State infrastructure." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5 is a severability clause. Session Laws 2018-5, s. 31.2(b), provides: "(b) Notwithstanding the provisions of G.S. 66-58.12(c), the sum of one million dollars ($1,000,000) in nonrecurring funds for the 2018-2019 fiscal year transferred in this act from the E-Commerce Fund in the Department of Administration Budget Code 24100, Fund Code 2514, to Department of Administration Budget Code 14100, Fund Code 1412, shall be used to develop a real estate information system for the purposes authorized by subsection (a) of this section." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Effect of Amendments. - Session Laws 2004-129, s. 27, effective July 1, 2004, in subsection (c), substituted "State Chief Information Officer" for "Information Resource Management Commission" twice and substituted "Legislative Oversight" for "Select." Session Laws 2005-92, s. 1, effective June 21, 2005, substituted "the Office of State Budget and Management, in consultation with the State Chief Information Officer and the Joint" for "the State Chief Information Officer, in consultation with the Joint" in subsection (c). Session Laws 2020-78, s. 19.1(a), effective July 1, 2020, in subsection (c), substituted "State Chief Information Officer" for Office of State Budget and Management, in consultation with the State Chief Information Officer and the Joint Legislative Commission on Governmental Operations" in the first sentence, deleted "in consultation with the Joint Legislative Oversight Committee on Information Technology" following "Officer" in the third sentence, and added the last sentence.