North Carolina § 143B-1320 - Definitions; scope; exemptions.

§ 143B-1320. Definitions; scope; exemptions.

Definitions. - The following definitions apply in this Article: CGIA. - Center for Geographic Information and Analysis. CJIN. - Criminal Justice Information Network. Community of practice. - A collaboration of organizations with similar requirements, responsibilities, or interests. Cooperative purchasing agreement. - An agreement between a vendor and one or more states or state agencies providing that the parties may collaboratively or collectively purchase information technology goods and services in order to increase economies of scale and reduce costs. Cybersecurity incident. - An occurrence that: Actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or Constitutes a violation or imminent threat of violation of law, security policies, privacy policies, security procedures, or acceptable use policies. Department. - The Department of Information Technology. Distributed information technology assets. - Hardware, software, and communications equipment not classified as traditional mainframe-based items, including personal computers, local area networks, servers, mobile computers, peripheral equipment, and other related hardware and software items. Enterprise solution. - An information technology solution that can be used by multiple agencies. Exempt agencies. - An entity designated as exempt in subsection (b) of this section. GDAC. - Government Data Analytics Center. GICC. - North Carolina Geographic Information Coordinating Council. Information technology or IT. - Set of tools, processes, and methodologies, including, but not limited to, coding and programming; data communications, data conversion, and data analysis; architecture; planning; storage and retrieval; systems analysis and design; systems control; mobile applications; and equipment and services employed to collect, process, and present information to support the operation of an organization. The term also includes office automation, multimedia, telecommunications, and any personnel and support personnel required for planning and operations. Recodified as subdivision (a)(4a) at the direction of the Revisor of Statutes. Local government entity. - A local political subdivision of the State, including a city, a county, a local school administrative unit as defined in G.S. 115C-5, or a community college. Participating agency. - Any agency that has transferred its information technology personnel, operations, projects, assets, and funding to the Department of Information Technology. The State CIO shall be responsible for providing all required information technology support to participating agencies. Recodified as subdivision (a)(16a) at the direction of the Revisor of Statutes. Separate agency. - Any agency that has maintained responsibility for its information technology personnel, operations, projects, assets, and funding. The agency head shall work with the State CIO to ensure that the agency has all required information technology support. Significant cybersecurity incident. - A cybersecurity incident that is likely to result in demonstrable harm to the State's security interests, economy, critical infrastructure, or to the public confidence, civil liberties, or public health and safety of the residents of North Carolina. A significant cybersecurity incident is determined by the following factors: Incidents that meet thresholds identified by the Department jointly with the Department of Public Safety that involve information: That is not releasable to the public and that is restricted or highly restricted according to Statewide Data Classification and Handling Policy; or That involves the exfiltration, modification, deletion, or unauthorized access, or lack of availability to information or systems within certain parameters to include (i) a specific threshold of number of records or users affected as defined in G.S. 75-65 or (ii) any additional data types with required security controls. Incidents that involve information that is not recoverable or cannot be recovered within defined time lines required to meet operational commitments defined jointly by the State agency and the Department or can be recovered only through additional measures and has a high or medium functional impact to the mission of an agency. State agency or agency. - Any agency, department, institution, commission, committee, board, division, bureau, office, unit, officer, or official of the State. The term does not include the legislative or judicial branches of government or The University of North Carolina. State Chief Information Officer or State CIO. - The head of the Department, who is a Governor's cabinet level officer. State CIO approved data center. - A data center designated by the State CIO for State agency use that meets operational standards established by the Department. Exemptions. - Except as otherwise specifically provided by law, the provisions of this Chapter do not apply to the following entities: the General Assembly, the Judicial Department, and The University of North Carolina and its constituent institutions. These entities may elect to participate in the information technology programs, services, or contracts offered by the Department, including information technology procurement, in accordance with the statutes, policies, and rules of the Department. The election must be made in writing, as follows: For the General Assembly, by the Legislative Services Commission. For the Judicial Department, by the Chief Justice. For The University of North Carolina, by the Board of Governors. For the constituent institutions of The University of North Carolina, by the respective boards of trustees. Deviations. - Any State agency may apply in writing to the State Chief Information Officer for approval to deviate from the provisions of this Chapter. If granted by the State Chief Information Officer, any deviation shall be consistent with available appropriations and shall be subject to such terms and conditions as may be specified by the State CIO. Review. - Notwithstanding subsection (b) of this section, any State agency shall review and evaluate any deviation authorized and shall, in consultation with the Department of Information Technology, adopt a plan to phase out any deviations that the State CIO determines to be unnecessary in carrying out functions and responsibilities unique to the agency having a deviation. The plan adopted by the agency shall include a strategy to coordinate its general information processing functions with the Department of Information Technology in the manner prescribed by this act and provide for its compliance with policies, procedures, and guidelines adopted by the Department of Information Technology. Any agency receiving a deviation shall submit its plan to the Office of State Budget and Management as directed by the State Chief Information Officer. History (2015-241, s. 7A.2(b); 2019-200, s. 6(d).) Enterprise Resource Planning (ERP) System. - Session Laws 2015-241, s. 7.22(a), provides: "In coordination with the Office of the State Controller (OSC) and the Office of State Budget and Management (OSBM), the Department of Information Technology (DIT) shall establish a program to plan, develop, and implement an enterprise resource planning (ERP) system for the State, including an investigation of the potential for a cloud-based unified ERP system." Session Laws 2015-241, s. 7.22(b), provides: "During the 2015-2016 fiscal year, the DIT shall issue a request for information and coordinate demonstrations to determine available options for ERP system development and implementation. During the 2016-2017 fiscal year, subject to the availability of funding, the DIT shall issue requests for proposal to begin the development and implementation of an ERP system." Session Laws 2015-241, s. 7.22(c), as amended by Session Laws 2016-94, s. 7.4(f), provides: "Beginning January 1, 2016, and semiannually thereafter, the DIT, in conjunction with OSC and OSBM, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the status of the program. The report shall include all of the following: "(1) A detailed listing of current, completed, and potential future projects. "(2) The amount of funding identified from restructuring savings since the inception of the program. "(3) The uses of the identified funding. "(4) The costs of current, completed, and potential future projects. "(5) The status of planning and implementation of each project. "(6) Identification of any issues associated with the program." Session Laws 2016-94, s. 7.10, provides: "(a) The Department of Information Technology, in coordination with the Office of the State Controller and the Office of State Budget and Management, shall conduct the planning and design of an enterprise resource planning system (ERP) for State agencies by utilizing business process reengineering to identify and organize processes and workflow in order to prioritize and link work activities to realize efficiencies and organize around outcomes. The ERP system shall address, at a minimum, core financial management, grants, assets and inventory, fleet management, and human resource management. A request for proposal for a replacement system implementation shall be prepared for release no later than July 1, 2017. The Department may use savings generated through efficiencies gained from transition of participating agencies to the Department and overall Department operations, including procurement, to fund the project. "(b) The Department of Information Technology shall submit a report to the Joint Legislative Oversight Committee on Information Technology on or before January 15, 2017. The report shall identify results from the business process reengineering efforts for State agencies and shall include at least all of the following: "(1) Proposed sequence of functional and site implementation. "(2) A phased-in contracting plan with checkpoints to facilitate budgeting and program management. "(3) The feasibility of a cloud-based component. "(4) Cost estimate for full implementation. "(5) Detailed information relating to project funding from the savings generated through efficiencies gained from agency transition and overall Department operations." Apprenticeships, and Career-Based Opportunities for Disabled Veterans. - Session Laws 2016-94, s. 7.7, as amended by Session Laws 2016-123, s. 3.1, provides: "(a) The Department of Information Technology shall create a cybersecurity apprenticeship program to provide training, apprenticeships, and career-based opportunities for disabled veterans within the State. Opportunities may be offered to qualifying veterans who have at least a ten percent (10%) disability rating as established by the United States Department of Veterans Affairs. "(b) The State Chief Information Officer shall conduct a competitive process to select disabled veterans to participate in the cybersecurity apprenticeship program. Participants will have the opportunity to apply concepts, protocols, and tools acquired through the program by working side by side with experts in cybersecurity within the State of North Carolina. "(c) Of the funds appropriated by this act for the support of the cybersecurity apprenticeship program, the Department of Information Technology shall select up to five disabled veterans to participate in the program. The Department may use funds generated from receipts for continuation or expansion of the program beyond the 2016-2017 fiscal year." Editor's Note. - Session Laws 2015-241, s. 7A.2(b), enacted this section as G.S. 143B-1300. The section has been renumbered as G.S. 143B-1320 at the direction of the Revisor of Statutes. This Article was enacted as Article 14 by Session Laws 2015-241, s. 7A.2(b). It was subsequently renumbered as Article 15 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 6A.1(b), provides: "By September 1 of each year, data integration funding in the Information Technology Fund for that State fiscal year shall be transferred to State agencies in proportion to their use of data integration licenses at that point in time. The State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by September 2 of each year on the status of the transfer. "Any licensing requirements after the 2011-2013 fiscal biennium shall be the responsibility of the participating agency. For the 2012-2013 fiscal year, the State Chief Information Officer shall provide funding in the amount of one million two hundred thousand dollars ($1,200,000) to offset data integration licensing costs and shall charge agencies based on license usage for license costs in excess of one million two hundred thousand dollars ($1,200,000). The State Chief Information Officer shall notify affected agencies of this requirement by September 1, 2011. The State Chief Information Officer shall ensure that agencies choosing to participate after that date are notified prior to agreeing to participate in the data integration license agreement. The State Chief Information Officer shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by September 2, 2011, on agency notification of their responsibility to fund any data integration license requirements after the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 6A.9(a)-(e), as amended by Session Laws 2012-142, s. 6A.6(a), provides: "(a) Any privatization of any grouping of information technology services, or "towers," identified in the Infrastructure Study and Assessment (INSA) or any privatization to provide a new service or privatize an existing service shall require prior approval from the General Assembly. Funding to support any outsourcing of any of these towers or any privatization involving a new or existing service shall be specifically appropriated by the General Assembly for that purpose, to include any use of Information Technology Internal Service Fund receipts. No new privatization shall occur until the Office of the State Chief Information Officer and the Office of Information Technology Services accomplish the following: "(1) The establishment and presentation to the Joint Legislative Oversight Committee on Information Technology of a budget for the Information Technology Internal Service Fund with rates for services that accurately reflect costs. "(2) The development and implementation of an accurate, comprehensive asset management system for executive branch agencies and report to the Joint Legislative Oversight Committee on Information Technology the results of the implementation. "(3) Issuance of a new request for proposal to solicit bids for any privatization initiative. "(4) Consultation with and approval from the State Treasurer. "(a1) The limitations set forth in this section shall apply to the IT Services Management Services Desk (Help Desk), the Application Development and Support Services (Hosting Services), and the video portfolio and to any other IT service privatization. "(b) Before privatizing any new or existing information technology service during the 2011-2013 fiscal biennium, the State Chief Information Officer shall do all of the following: "(1) Develop a detailed plan for implementing any privatization initiative to include the following: "a. A governance and accountability structure for the privatization effort. "b. Detailed time line with milestones. "c. Any costs necessary to accomplish outsourcing with funding sources identified. "d. Estimated monthly cost for each participating agency for the first five years of privatization. "e. Risks associated with privatization, measures being taken to mitigate those risks, and any costs associated with the mitigation measures. "f. Any security issues associated with outsourcing each application impacted by the outsourcing, with a detailed plan to mitigate those issues. "g. A list of State employees to be terminated with information on their job description and how long they have been employed by the State, a schedule of when the terminations are to occur, the cost of terminating each employee, and plans to assist each terminated employee. "The State Chief Information Officer shall consult the Joint Legislative Commission on Governmental Operations and report to the Joint Legislative Oversight Committee on Information Technology on the completed plan prior to any implementation of privatization. "(2) Have a detailed plan in place, to include associated costs and sources of funding, to return the function to State control in the event privatization fails to provide anticipated cost-savings or required service levels. "(3) Privatize only those individual functions where verifiable market data collected after January 1, 2012, by a disinterested third-party consultant shows that privatization will result in costsavings to the State and there is no data identifying alternatives that generate greater savings, ensuring that agencies receive at a minimum the same level of service and functionality as the level prior to privatization. "(4) Document and certify any anticipated savings resulting from privatization by individual function. "(5) Ensure full disclosure of any privatization decisions that combine multiple services or towers into a single contract, including the costs associated with each specific service or tower included in the contract. "(6) Ensure that any changes are made across the entire executive branch. "(7) Consult the Joint Legislative Commission on Governmental Operations and report to the Joint Legislative Oversight Committee on Information Technology regarding the plan for funding any requirements formerly covered by the receipts from the privatized function. "(b1) Agency Participation in Privatization Initiatives Is Voluntary. - Notwithstanding any other provision of law, if a State-administered information technology service is privatized, or a new service is provided through a private vendor, continued receipt of or participation in the service by State agencies shall be voluntary. "(b2) Agency Options in the Event of Privatization. - If a State-administered information technology service is privatized, or a new privatized service is offered, State agencies may do any of the following: "(1) Elect to discontinue receiving or participating in the service and to provide the service within the agency. If an agency elects to provide the service internally, any positions previously transferred to the Office of Information Technology Services to support the service shall be transferred back to that agency. The Office of the State Chief Information Officer and the Office of Information Technology Services shall provide necessary support to facilitate the transfers of positions. "(2) Submit their own requests for proposal and contract with a vendor to provide the privatized service. "(3) Enter into agreements with other agencies to independently obtain information technology services that have been privatized, either by participating in the other agency's current service or by executing contracts for services. "(4) Elect to receive or participate in a new or newly privatized service. "(b3) Council of State Approval Required. - Notwithstanding any other provision of law, both requests for proposal and contracts privatizing State-administered information technology services must be approved by the Council of State. "(c) After privatizing any major information technology function, the State Chief Information Officer shall do all of the following: "(1) Report quarterly on the results of the privatization, including a detailed comparison of projected savings to actual cost, data on whether or not the vendor is meeting service level agreements, and an explanation of the reasons for any deficiency or difference. "(2) Immediately notify the Joint Legislative Commission on Governmental Operations of any outsourcing effort that does not meet projected savings or required service levels for two quarters in a row or during any two quarters of a fiscal year, and develop a corrective action plan. "(3) Terminate any contract where privatization fails to achieve projected savings or meet service levels over a period of 12 months. "(d) Reporting. - The State Chief Information Officer shall consult with the Joint Legislative Commission on Governmental Operations prior to issuing a request for proposal to privatize any State-administered information technology service. "(e) Access by Private Vendors. - If the State Chief Information Officer provides to a potential vendor any information or access to State facilities in connection with or anticipation of the privatization of a State-administered information technology service, the State Chief Information Officer shall provide the same information or access to all potential vendors. The State Chief Information Officer shall certify the Officer's compliance with this subsection to the General Assembly." The amendments made to Session Laws 2011-145, s. 6A.9, by Session Laws 2012-142, s. 6A.6(a), are applicable to all contracts entered into prior to February 1, 2013, and those amendments expire February 1, 2013. After that date, Session Laws 2011-145, s. 6A.9(a)-(c) will read as follows: "(a) Any privatization of any grouping of information technology services, or 'towers,' identified in the Infrastructure Study and Assessment (INSA) shall require prior approval from the General Assembly. Funding to support any outsourcing of any of these towers shall be specifically appropriated by the General Assembly for that purpose, to include any use of Information Technology Internal Service Fund receipts. "(b) Before privatizing any major information technology function during the 2011-2013 fiscal biennium, the State Chief Information Officer shall do all of the following: "(1) Develop a detailed plan for implementing any privatization initiative to include the following: "a. A governance and accountability structure for the privatization effort. "b. Detailed time line with milestones. "c. Any costs necessary to accomplish outsourcing with funding sources identified. "d. Estimated monthly cost for each participating agency for the first five years of privatization. "e. Risks associated with privatization, measures being taken to mitigate those risks, and any costs associated with the mitigation measures. "f. Any security issues associated with outsourcing each application impacted by the outsourcing, with a detailed plan to mitigate those issues. "g. A list of State employees to be terminated with information on their job description and how long they have been employed by the State, a schedule of when the terminations are to occur, the cost of terminating each employee, and plans to assist each terminated employee. "The State Chief Information Officer shall consult the Joint Legislative Commission on Governmental Operations and report to the Joint Legislative Oversight Committee on Information Technology on the completed plan prior to any implementation of privatization. "(2) Have a detailed plan in place, to include associated costs and sources of funding, to return the function to State control in the event privatization fails to provide anticipated cost-savings or required service levels. "(3) Privatize only those individual functions where verifiable market data shows that privatization will result in cost-savings to the State and there is no data identifying alternatives that generate greater savings, ensuring that agencies receive at a minimum the same level of service and functionality as the level prior to privatization. "(4) Document and certify any anticipated savings resulting from privatization by individual function. "(5) Ensure full disclosure of any privatization decisions that combine multiple services or towers into a single contract, including the costs associated with each specific service or tower included in the contract. "(6) Ensure that any changes are made across the entire executive branch. "(7) Consult the Joint Legislative Commission on Governmental Operations and report to the Joint Legislative Oversight Committee on Information Technology regarding the plan for funding any requirements formerly covered by the receipts from the privatized function. "(c) After privatizing any major information technology function, the State Chief Information Officer shall do all of the following: "(1) Report quarterly on the results of the privatization, including a detailed comparison of projected savings to actual cost, data on whether or not the vendor is meeting service level agreements, and an explanation of the reasons for any deficiency or difference. "(2) Immediately notify the Joint Legislative Commission on Governmental Operations of any outsourcing effort that does not meet projected savings or required service levels for two quarters in a row or during any two quarters of a fiscal year, and develop a corrective action plan. "(3) Terminate any contract where privatization fails to achieve projected savings or meet service levels over a period of 12 months." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2015-241, s. 7.4(a), provides: "By April 15, 2016, the Department of Information Technology, as enacted by this act, shall develop an information technology enterprise architecture for State government." Session Laws 2015-241, s. 7.4(b), provides: "The completed State information technology enterprise architecture developed pursuant to this section shall be provided to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. This architecture, along with State and agency business plans, shall be incorporated into a biennial State Information Technology Plan (State IT Plan)." Session Laws 2015-241, s. 7.16(a), provides: "The Department of Information Technology (DIT), as created by this act, shall work with the Office of State Budget and Management (OSBM), the Office of the State Controller, and participating agencies to institute a process to oversee and manage State agency information technology funding. This joint effort shall include implementing a process for the following: "(1) Developing State agency information technology budgets. "(2) Determining what participating and separate agency information technology funding will transition to DIT and what will remain with the agencies. "(3) Developing a plan to transfer appropriate funding to DIT in coordination with other State budget requirements. "(4) Developing rates and chargebacks for support provided to agencies. "(5) Identifying anticipated information technology cost savings. "(6) Identifying any rule or statutory changes required to facilitate information technology budgeting oversight and management. "On or before January 1, 2016, OSBM and DIT shall report jointly to the Joint Legislative Oversight Committee on Information Technology and Fiscal Research Division on the development of the information technology budgeting process and any anticipated cost savings." Session Laws 2015-241, s. 7.16(b), provides: "OSBM and DIT shall identify anticipated information technology cost savings projected for the 2017-2019 fiscal biennium, with documentation as to the specific sources and amounts of those savings, and shall report that information to the Joint Legislative Oversight Committee on Information Technology and Fiscal Research Division on or before January 1, 2016." Session Laws 2015-241, s. 7.17(a), as amended by Session Laws 2017-57, s. 37.2(d), provides: "In coordination with the State Controller and the Office of State Budget and Management (OSBM), the State Chief Information Officer (State CIO) shall establish a State budget transparency Internet Web site to provide information on budget expenditures for each State agency for each fiscal year beginning 2015-2016." Session Laws 2015-241, s. 7.17(b), as amended by Session Laws 2017-57, s. 37.2(d), provides: "In addition, the State CIO shall coordinate with counties, cities, and local education agencies to facilitate the posting of their respective local entity budgetary and spending data on their respective Internet Web sites and to provide the data to the Local Government Commission (LGC) to be published, in a standardized format, on the State budget transparency Internet Web site established in subsection (a) of this section." Session Laws 2015-241, s. 7.17(c), as amended by Session Laws 2017-57, s. 37.2(d), provides: "The Internet Web sites mandated by this section shall be fully functional by April 1, 2016. Each Internet Web site shall: "(1) Be user-friendly with easy-to-use search features and data provided in formats that can be readily downloaded and analyzed by the public. "(2) Include budgeted amounts and actual expenditures for each State agency or local entity budget code. "(3) Include information on receipts and expenditures from and to all sources, including vendor payments, updated on a monthly basis." Session Laws 2015-241, s. 7.17(d), as amended by Session Laws 2017-57, s. 37.2(d), provides: "Each State agency, county, city, and local education agency shall work with the State CIO, the State Controller, and the OSBM to ensure that complete and accurate budget and spending information is provided in a timely manner as directed by the State CIO. Each State agency Internet Web site shall include a hyperlink to the State's budget transparency Internet Web site. The LGC shall work with the State CIO to post data on the LGC's Internet Web site in a consistent manner that allows comparisons between the local entities providing data under subdivision (2) of subsection (c) of this section." Session Laws 2015-241, s. 7.25, as amended by Session Laws 2016-94, s. 7.12, provides: "(a) On or before July 1, 2016, unless exempted by the Governor, all State agencies identified as principal departments under G.S. 143B-6 shall become direct members of and shall use the Enterprise Active Directory. A principal department may submit to the State Chief Information Officer a written request to deviate from certain requirements of the Enterprise Active Directory, provided that any deviation shall be consistent with available funding and shall be subject to any terms and conditions specified by the State Chief Information Officer. "(b) Subsection (a) of this section shall not apply to the State Bureau of Investigation, the State Highway Patrol, or the Division of Emergency Management of the Department of Public Safety." Session Laws 2015-241, s. 7A.5, provides: "No action or proceeding, brought by or against the Office of Information Technology Services or the Office of the State Chief Information Officer that is pending when this Part becomes law, shall be affected by any provision of this act, but the same may be prosecuted or defended in the name of the Department of Information Technology (Department). In these actions and proceedings, the Department shall be substituted as a party upon proper application to the courts or other public bodies. Any business or other matter undertaken or commanded by the Office of Information Technology Services or the Office of the State Chief Information Officer regarding any State program, office, or contract or pertaining to or connected with its respective functions, powers, obligations, and duties that are pending on the date this Part becomes effective may be conducted and completed by the Department of Information Technology in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the former commission, director, or office. Unless otherwise specifically provided by this act, any previous assignment of duties within the purview of this act by the Governor or General Assembly shall have continued validity." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 7.3, provides: "(a) Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management shall establish a general fund budget for the Department of Information Technology in Budget Code 14660 for the purpose of establishing the Department's operating budget. The Department's general fund budget shall include Information Technology Fund fund codes (27xx) from Budget Code 24667. The Office of State Budget and Management shall also establish a reserve in Budget Code 14660 for the transfer of Information Technology Reserve appropriations. The changes authorized by this section shall be completed by September 30, 2016, but are effective from July 1, 2016, and shall be reflected in the base budget for the 2017-2019 fiscal biennium. "(b) The general fund budget for the Department of Information Technology established pursuant to this section shall include nonrate-based information technology expenditures, as appropriate, from participating agencies and from exempt agencies that have elected to participate with the Department pursuant to Part 1 of Article 15 of Chapter 143B of the General Statutes prior to the submission of the Governor's proposed budget for the 2019-2021 fiscal biennium. Adjustments made pursuant to this requirement shall be made with consideration of the effect those changes may have on the State's ability to draw down federal receipts and utilize non-net appropriation funding sources for information technology projects. "(c) It is the intent of the General Assembly to appropriate funds during the 2017 Regular Session for the Department of Information Technology internal service fund overhead costs upon removal of agency costs from the service rate structure, thereby eliminating the use of a subscription fee to agencies." Session Laws 2016-94, s. 7.6, provides: "(a) All participating agencies, pursuant to Part 1 of Article 15 of Chapter 143B of the General Statutes, including all divisions, boards, commissions, and other State entities for which the participating agencies have budgetary authority, shall realign information technology budgets and expenditures within existing programs and divisions in a manner that provides transparency for information technology, program, and division budgets. Changes shall be completed in a timely manner such that the changes may be included in the 2017-2019 biennial budget. "(b) In conjunction with the budget realignment required by subsection (a) of this section, the OSBM shall submit a report that identifies the following: "(1) The line-item budgeted requirements for each State agency's information technology expenditures. "(2) Actual information technology expenditures for each State agency. "(3) The sources of funds transferred from other line items to cover information technology expenditures in excess of budgeted requirements. "OSBM shall submit this information, by agency, to the Fiscal Research Division along with its submission of the Governor's proposed budget for the 2017-2019 fiscal biennium." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 37.2(a), (b), provides: "(a) By September 1, 2017, the State Chief Information Officer, the State Controller, the Office of State Budget and Management (OSBM), and the State Chief Information Officer (State CIO) shall make a detailed written report to the chairs of the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the status of efforts to effectuate the State budget transparency Internet Web site as mandated in Section 7.17 of S.L. 2015-241 to provide information on budget expenditures for each State agency for each fiscal year beginning 2015-2016. Specifically, the reports shall: "(1) Include an explanation of coordination efforts with counties and local education agencies to facilitate the posting of their respective local entity budgetary and spending data on their respective Internet Web sites. "(2) Account for how the appropriated General Funds in the amount of eight hundred fourteen thousand dollars ($814,000) for the 2015-2016 fiscal year were or were not spent toward the purposes of implementation of the mandated transparency requirements. "(b) By January 1, 2018, the Internet Web sites mandated by Section 7.17 of S.L. 2015-241 must be fully functional and: "(1) User friendly with easy-to-use search features and data provided in formats that can be readily downloaded and analyzed. "(2) Include budgeted amounts and actual expenditures for each State agency or local entity budget code. "(3) Include information on receipts and expenditures from and to all sources, including vendor payments, updated on a monthly basis." Session Laws 2017-57, s. 37.6(a), (b), provides: "(a) The Department of Information Technology shall collaborate with the Office of State Budget and Management and the Office of State Controller to continue to develop a fully consolidated statewide Enterprise Resource Planning (ERP) solution. To that end, of the funds appropriated in this act to the Statewide Reserves, the sum of three million dollars ($3,000,000) for the 2017-2018 fiscal year and the sum of ten million dollars ($10,000,000) for the 2018-2019 fiscal year shall be allocated to the Department of Information Technology for ERP projects. "(b) The Department of Information Technology shall annually report on the progress of the ERP projects to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on or before January 1. In its January 1, 2019, report, and prior to entering into any contract, the Department shall include the results of the ERP request for proposals process." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. At the direction of the Revisor of Statutes, subdivisions (a)(12) and (15), as amended by Session Laws 2019-200, s. 6(d), were recodified as (a)(4a) and (16a) to maintain alphabetical order. Effect of Amendments. - Session Laws 2019-200, s. 6(d), effective August 21, 2019, rewrote subdivisions (a)(12) and (a)(15), which were subsequently recodified as subdivisions (a)(4a) and (16a), respectively, at the direction of the Revisor of Statutes.