North Carolina § 143B-1370 - Communications services.

§ 143B-1370. Communications services.

The State CIO shall exercise authority for telecommunications and other communications included in information technology relating to the internal management and operations of State agencies. In discharging that responsibility, the State CIO shall do the following: Develop standards for a State network. Develop a detailed plan for the standardization and operation of State communications networks and services. Establish an inventory of communications systems in use within the State and ensure that the State is using the most efficient and cost-effective means possible. Identify shortfalls in current network operations and develop a strategy to mitigate the identified shortfalls. Provide for the establishment, management, and operation, through either State ownership, by contract, or through commercial leasing, of the following systems and services as they affect the internal management and operation of State agencies: Central telephone systems and telephone networks, including Voice over Internet Protocol and Commercial Mobile Radio Systems. Satellite services. Closed-circuit TV systems. Two-way radio systems. Microwave systems. Related systems based on telecommunication technologies. The "State Network," managed by the Department, which means any connectivity designed for the purpose of providing Internet Protocol transport of information for State agencies. Broadband. 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 (5) of this subsection. 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. Perform traffic analysis and engineering for all telecommunications services and systems listed in subdivision (5) of this subsection. Establish telecommunications specifications and designs so as to promote and support compatibility of the systems within State agencies. Provide a periodic inventory of telecommunications costs, facilities, systems, and personnel within State agencies. 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. 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. Advise all State agencies on telecommunications management planning and related matters and provide through the State Personnel Training Center or the Department training to users within State agencies in telecommunications technology and systems. 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. The provisions of this section shall not apply to the Judicial Information System in the Judicial Department. History (2015-241, s. 7A.2(b).) Editor's Note. - Session Laws 2015-241, s. 7A.2(b), enacted this section as G.S. 143B-1336. The section has been renumbered as G.S. 143B-1370 at the direction of the Revisor of Statutes. Session Laws 2004-129, ss. 47(a) and (b) provide: "(a) Each State agency, with the exception of The University of North Carolina and its constituent institutions, the Administrative Office of the Courts, and the General Assembly shall conduct a thorough, agencywide examination and analysis of its Information Technology (IT) infrastructure, including IT expenditures and management functions. The purpose of the examination is to enable the General Assembly, the State CIO, the Office of State Budget and Management, and the State Controller to readily determine the amount of State funds being expended annually on each and all IT functions. As part of this examination, each agency shall review IT contracts with outside vendors, including the adequacy of contract management, and shall consider the implementation of performance measures in the development of future IT contracts. Each agency shall also identify IT functions that could be performed more economically through statewide approach across all agencies. Each agency shall report its plan in a format developed and approved by the State CIO and the Office of State Budget and Management. Reports shall be submitted to the Office of State Budget and Management and the State CIO on or before March 1, 2005. "(b) The Office of State Budget and Management, in conjunction with the State CIO, the Information Technology Advisory Board, and the State Controller, shall develop a plan to consolidate information technology infrastructure, staffing, and expenditures where a statewide approach would be more economical. The plan shall not include The University of North Carolina and its constituent institutions, the Administrative Office of the Courts, and the General Assembly. The plan shall consider agency-specific program needs. The plan shall include specific recommendations to convert contractor FTE to State positions for recurring activities where the contractor positions have been filled for 12 months, beginning July 1, 2003. In developing the recommendations for converting contractor positions, the OSBM shall consider the nature of the work being performed by the contractors, the level of technical expertise required for the work, and whether the use of State positions would be more economical. The plan also shall identify agencies that lack the budgetary and technical resources to operate modern, secure information technology systems, and propose a method of consolidating those information technology systems under a centralized authority, with the approval of the agency. The OSBM shall use reports compiled by each State agency, as required by subsection (a) of this section, in the development of the plan. The office shall report the plan to the Joint Legislative Commission on Governmental Operations on or before January 1, 2006." Session Laws 2009-451, s. 6.19, provides for the continuation of efforts to consolidate State government's information technology infrastructure excluding The University of North Carolina and its constituent institutions, the Administrative Office of the Courts, and the General Assembly, and provides for reporting requirements. Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009.'" Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5 is a severability clause. Session Laws 2011-145, s. 6A.7(a)-(c), as amended by Session Laws 2011-391, s. 11(d), and as amended by Session Laws 2012-142, s. 6A.10, provides: "State Information Technology Consolidation. (a) By February 1, 2012, the State Chief Information Officer (State CIO), in conjunction with the Office of State Budget and Management (OSBM), shall develop a detailed plan for consolidating the information technology infrastructure and applications of all State agencies, departments, and institutions in the executive branch. Information technology infrastructure includes personal computers, hosting and network environments, the help desk, call centers, and information technology security. Applications include enterprise software, on-demand software, and customized software. At a minimum, the consolidation plan shall include the following: "(1) Defined targets and priorities with a detailed time line for the implementation of consolidation. "(2) The costs of consolidation by fiscal year and by agency. "(3) The anticipated savings to result from consolidation and a time line for actual achievement of those savings. "(4) Technical, policy, or other issues associated with achieving a timely and effective consolidation. "(5) A process to transfer all information technology hardware and software funding to the Office of the State CIO. "(6) Creation of a project management organization to manage all information technology projects. "(7) Review of agency, Office of Information Technology Services, and Office of the State CIO to identify redundant personnel positions. "When setting consolidation targets, the State CIO shall give high priority to infrastructure issues that pose significant risk to agency operations or data, that provide opportunities for immediate cost savings, and where a statewide approach would minimize disruption of services. In carrying out the consolidation, the Office of Information Technology Services shall utilize the authority set out in G.S. 147-33.83. "(b) Repealed by Session Laws 2012-142, s. 6A.10. "(b1) There is established a Grants Management Oversight Committee to coordinate the development of an enterprise grants management system. The Committee shall be chaired by the State Controller. Committee membership shall include the Senior Deputy State Controller, the Director of the Office of State Budget and Management, and the State Auditor. "The Committee shall: "(1) Establish priorities for agency projects. "(2) Establish priorities for development and implementation of system capabilities. "(3) Review and approve system requirements. "(4) Review and approve plans associated with system development and implementation. "(5) Review and approve costs and funding sources for system development and implementation. "(6) Ensure system benefits are realistic and realized. "(b2) By August 1, 2013, the Office of State Budget and Management shall provide a detailed plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division for the development and implementation of the enterprise grants management system, including a time line, cost for each participating agency, a comprehensive business plan, and information on the anticipated benefits of system implementation. "(b3) Beginning August 1, 2012, the Office of State Budget and Management shall report monthly to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the status of the system, including the following information: "(1) Agencies currently participating in the system. "(2) Specific requirements for each agency project included in the system development. "(3) Cost and funding sources for each agency participating in the system. "(4) Status of each agency project included in the system. "(5) Comparison of the status of each project to the time line, with an explanation of any differences. "(6) Detailed descriptions of milestones to be completed that month and the following month. "(7) Any changes in project cost for any participating agency, the reasons, and the source of funding. "(8) Actual expenditures by agency, to date and during that month. "(9) Any potential funding shortfalls and their impact. "(10) Any issues identified during the month, with a corrective action plan and a time line for resolving them. "(11) Impact of any issues on schedule or cost. "(12) Any changes to agency projects or the system as a whole. "(13) Any change requests and their cost. "(b4) The State CIO shall provide all required assistance and support for the development and implementation of the enterprise grants management system. Similar systems currently under development may be suspended by the State CIO with funding reprogrammed to support development of the enterprise grants management system. "(b5) In coordination with the State CIO, the Department of Health and Human Services shall develop a plan to implement a single case management system throughout that Department, beginning in the 2012-2013 fiscal year, and shall report to the Joint Legislative Oversight Committee on Information Technology by February 1, 2012, on its initiatives to implement the system. The report shall include a detailed time line for completion and an explanation of the costs associated with case management consolidation. "(c) Repealed by Session Laws 2012-142, s. 6A.10." Session Laws 2011-145, s. 6A.7(a)-(c), as amended by Session Laws 2011-391, s. 11(d), and as amended by Session Laws 2012-142, s. 6A.10, was repealed by Session Laws 2021-90, s. 7(a), effective July 22, 2021. Session Laws 2011-145, s. 6A.14(a), as amended by Session Laws 2011-391, s. 11(f), as amended by Session Laws 2012-142, s. 6A.7, and as amended by Session Laws 2015-286, s. 3.1, provides in part: "(a) Every executive branch agency within State government shall develop a policy to limit the issuance and use of mobile electronic devices to the minimum required to carry out the agency's mission. As used herein, mobile communication device includes goods provided by commercial mobile radio service providers and services for mobile telecommunications governed by Title 47 of the Code of Federal Regulations. By September 1, 2011, each agency shall provide a copy of its policy to the Chairs of the Appropriations Committee and the Appropriations Subcommittee on General Government of the House of Representatives, the Chairs of the Appropriations•ase Budget Committee and the Appropriations Committee on General Government and Information Technology of the Senate, the Chairs of the Joint Legislative Oversight Committee on Information Technology, the Fiscal Research Division, and the Office of State Budget and Management. "State-issued mobile electronic devices shall be used only for State business. Agencies shall limit the issuance of cell phones, smart phones, and any other mobile electronic devices to employees for whom access to a mobile electronic device is a critical requirement for job performance. The device issued and the plan selected shall be the minimum required to support the employees' work requirements. This shall include considering the use of pagers in lieu of a more sophisticated device. The requirement for each mobile electronic device issued shall be documented in a written justification that shall be maintained by the agency and reviewed annually. All State agency heads, in consultation with the Office of Information Technology Services and the Office of State Budget and Management, shall document and review all authorized cell phone, smart phone, and other mobile electronic communications device procurement, and related phone, data, Internet, and other usage plans for and by their employees. Agencies shall conduct periodic audits of mobile device usage to ensure that State employees and contractors are complying with agency policies and State requirements for their use. "Beginning October 1, 2012, each agency shall report annually to the Chairs of the House of Representatives Committee on Appropriations and the House of Representatives Subcommittee on General Government, the Chairs of the Senate Committee on Appropriations and the Senate Appropriations Committee on General Government and Information Technology, the Joint Legislative Oversight Committee on Information Technology, the Fiscal Research Division, and the Office of State Budget and Management on the following: "(1) Any changes to agency policies on the use of mobile devices. "(2) The number and types of new devices issued since the last report. "(3) The total number of mobile devices issued by the agency. "(4) The total cost of mobile devices issued by the agency. "(5) The number of each type of mobile device issued, with the total cost for each type." Session Laws 2011-145, s. 6A.14(b), provides: "(b) This section does not apply to the legislative branch or the judicial branch of State government." The last paragraph of Session Laws 2011- 145, s. 6A.14(a), as amended by Session Laws 2011-391, s. 11(f), and 2012-142, s. 6A.7, above, was also codified as G.S. 120-236 at the direction of the Revisor of Statutes. However, G.S. 120-236 was repealed by Session Laws 2014- 100, s. 7.12(c), effective July 1, 2014. 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 2013-360, s. 7.14, provides: "(a) Effective August 1, 2013, the State Chief Information Officer (CIO) shall oversee the development and implementation of the enterprise grants management system. The State CIO shall review progress on the implementation of the enterprise grants management system and update the plan for its development and implementation. This plan shall include an updated inventory of current agency grants management systems and a detailed process for consolidating grants management within the State, to include a time line for implementation. By October 1, 2013, the State CIO shall provide the updated plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. "(b) Repealed by Session Laws 2021-90, s. 7(b), effective July 22, 2021. "(c) Beginning September 1, 2013, the Office of the State CIO shall report quarterly to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the status of the system, including the following information: "(1) Agencies currently participating in the system. "(2) Specific requirements for each agency project included in the system development. "(3) Cost and funding sources for each agency participating in the system. "(4) Status of each agency project included in the system. "(5) Comparison of the status of each project to the project's time line, with an explanation of any differences. "(6) Detailed descriptions of milestones completed that quarter and to be completed the next quarter. "(7) Any changes in project cost for any participating agency, the reason for the change, and the source of funding, if there is a cost increase. "(8) Actual project expenditures by agency, to date, and during that quarter. "(9) Any potential funding shortfalls, and their impact. "(10) Any issues identified during the quarter, with a corrective action plan and a time line for resolving each issue. "(11) Impact of any issues on schedule or cost. "(12) Any changes to agency projects, or the system as a whole. "(13) Any change requests and their costs." 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 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.