North Carolina § 143B-1325 - State information technology consolidated under Department of Information Technology.

§ 143B-1325. State information technology consolidated under Department of Information Technology.

Consolidation Completed. - Effective July 1, 2018, the consolidation of enterprise information technology functions within the executive branch is completed with the Secretary heading all of the information technology functions under the Department's purview, including all of the following: Information technology architecture. State information technology strategic plan that reflects State and agency business plans and the State information technology architecture. Information technology funding process to include standardized, transparent rates that reflect market costs for information technology requirements. Information technology personnel management. Information technology project management. Information technology procurement. Hardware configuration and management. Software acquisition and management. Data center operations. Network operations. System and data security, including disaster recovery. Phased Transitions. - The State CIO shall develop detailed plans for the phased transition of participating agencies to the Department, as well as a plan that defines in detail how information technology support shall be provided to agencies that are not participating agencies. These plans shall be coordinated, in writing, with each agency and shall address any issues unique to a specific agency. Participating Agencies. - The State CIO shall prepare detailed plans to transition each of the participating agencies. As the transition plans are completed, the following participating agencies shall transfer information technology personnel, operations, projects, assets, and appropriate funding to the Department of Information Technology: Department of Natural and Cultural Resources. Department of Health and Human Services. Repealed by Session Laws 2018-5, s. 37.5(b), effective June 12, 2018. Department of Environmental Quality. Department of Transportation. Department of Administration. Department of Commerce. Governor's Office. Office of State Budget and Management. Office of State Human Resources. Repealed by Session Laws 2016-94, s. 7.11(a), effective July 1, 2016. Department of Military and Veterans Affairs. Department of Public Safety, with the exception of the following: State Bureau of Investigation. State Highway Patrol. Division of Emergency Management. Report on Transition Planning. - The Department of Public Instruction and the Bipartisan State Board of Elections and Ethics Enforcement shall work with the State CIO to plan their transition to the Department. The information technology transfer and consolidation from the Department of Revenue to the Department shall not take place until the Secretary of the Department of Revenue determines that the system and data security of the Department meets the heightened security standards required by the federal government for purposes of sharing taxpayer information. By October 1, 2018, the Department of Public Instruction and the Bipartisan State Board of Elections and Ethics Enforcement, in conjunction with the State CIO, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on their respective transition plans. Separate agencies may transition their information technology to the Department following completion of a transition plan. Secretaries of Departments listed in subsection (c) of this section may delegate to the Chief Information Officer for that Department the authority for budgetary decisions that fall below a dollar threshold set by that Department. The State CIO shall ensure that State agencies' operations are not adversely impacted under the State agency information technology consolidation. History (2015-241, s. 7A.2(b); 2015-268, s. 2.8; 2016-94, s. 7.11(a); 2017-6, s. 3; 2017-57, s. 37.4(b); 2017-204, s. 4.8; 2018-5, s. 37.5(b), (c); 2018-77, s. 4.5(a); 2018-97, s. 10.4; 2018-146, ss. 3.1(a), (b), 6.1; 2019-235, s. 3.8(a).) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor substituted "Bipartisan State Board of Elections and Ethics Enforcement" for "State Board of Elections" in subsection (d). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the references in subsection (d). Editor's Note. - Session Laws 2015-241, s. 7A.2(b), enacted this section as G.S. 143B-1305. The section has been renumbered as G.S. 143B-1325 at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 14.30(c), provides: "The Department of Environment and Natural Resources is renamed the Department of Environmental Quality. All references to the Department of Environment and Natural Resources or the Department of Cultural Resources in acts of the 2015 General Assembly taking effect on or after the effective date of this section and in the Committee Report described in Section 33.2 of this act shall be construed to refer to the Department of Environmental Quality or the Department of Natural and Cultural Resources, respectively. References to duties or requirements of the Department of Environment and Natural Resources with respect to entities transferred under subsections (a) and (b) of this section shall be construed as duties or requirements of the Department of Natural and Cultural Resources as reorganized by this section." Pursuant to this authority, "Department of Natural and Cultural Resources" was substituted for "Department of Cultural Resources" in subdivision (c)(1) and "Department of Environmental Quality" was substituted for "Department of Environment and Natural Resources" in subdivision (c)(4). 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. 33.6, is a severability clause. 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. 39.7, is a severability clause. Session Laws 2017-204, s. 4.9, provides in part: "The remainder of this part is effective when it becomes law [August 11, 2017] and applies to requests for review filed on or after that date and to requests for review pending on that date for which the Department reissues a request for additional information, allows the taxpayer time to respond by the requested response date, and provides notification to the taxpayer that failure to timely respond to the request will result in the request for review being subject to the provisions of G.S. 105-241.13A." Session Laws 2017-204, s. 7.1, is a severability clause. 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. 39.7, is a severability clause. Session Laws 2019-235, s. 3.8(b), provides: "The Community Colleges System Office shall enter into a memorandum of understanding with the Department of Information Technology with respect to coordinating information technology systems and policies. By February 1, 2020, the Community Colleges System Office, in conjunction with the State CIO, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the memorandum of understanding." Session Laws 2019-235, s. 5.3, 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 funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium." Session Laws 2019-235, s. 5.5, is a severability clause. Effect of Amendments. - Session Laws 2015-268, s. 2.8, effective July 1, 2015, added subdivision (c)(12). Session Laws 2016-94, s. 7.11(a), effective July 1, 2016, deleted subdivision (c)(11), which read "Office of the State Controller"; added subdivision (c)(13); and in subsection (d), deleted "The Department of Public Safety" at the beginning and made related changes. Session Laws 2017-57, s. 37.4(b), effective July 1, 2018, substituted "State information technology consolidated under Department of Information Technology" for "Transition to Department of Information Technology" in the section heading; rewrote the first sentence in subsection (a) which formerly read: "Transition Period. - During the 2015-2016 fiscal year, the State CIO shall work with appropriate State agencies to develop a State business plan. The State CIO shall develop documentation to support the consolidation of enterprise information technology functions within the executive branch to include the following:"; deleted "Updated" preceding "State information" in subdivision (a)(2); rewrote the last sentence in subsection (c) which formerly read: "The State CIO shall ensure that agencies' operations are not adversely impacted during the transition."; and added "the Department of Public Instruction," following "Office" in subsection (d). For applicability, see Editor's note. Session Laws 2018-5, s. 37.5(b), effective June 12, 2018, deleted subdivision (c)(3), which read: "Department of Revenue." Session Laws 2018-5, s. 37.5(c), effective July 1, 2018, in subsection (d), in the first sentence, deleted "the Department of Revenue" following "the Department of Public Instruction", and in the second sentence, substituted "shall not take place until the Secretary of the Department of Revenue determines that the" for "may not take place until the." Session Laws 2018-77, s. 4.5(a), effective July 1, 2018, added subsection (f). Session Laws 2018-97, s. 10.4, effective July 1, 2018, in subsection (d), substituted "the Department of Public Instruction and the Bipartisan State Board of Elections and Ethics Enforcement," for "these agencies" in the third sentence and added the last sentence. Session Laws 2019-235, s. 3.8(a), effective July 1, 2019, in subsection (d), deleted "Community College System Office, the" preceding "Department of Public Instruction" near the beginning of the first sentence; deleted the former last sentence, which read: "By October 1, 2019, the Community College System Office, in conjunction with the State CIO, shall report to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on its transition plan."; and made a minor punctuation change.