AN ACT MAKING OMNIBUS CHANGES TO THE LAWS RELATING TO STATE INFORMATION TECHNOLOGY GOVERNANCE. Enacted July 23, 2013. Effective July 23, 2013.
Summary date: Jul 25 2013 - View summary
Summary date: Jun 18 2013 - View summary
Senate committee substitute to the 2nd edition makes the following changes. Deletes proposed changes to GS 147-33.77(a) and instead amends the subsection to allow the State Chief Information Officer to appoint one or more Deputy Chief Information Officers (can only appoint one Chief Deputy Information Officer under current law). Deletes proposed changes to GS 126-5(c1).
Summary date: May 2 2013 - View summary
House committee substitute makes the following changes to the 1st edition.
Deletes the repeal of GS 143-135.9(a)(3), regarding best value procurements.Deletes changes to the following General Statutes: (1) 147-33.72C(e), performance contracting; (2) 147-33.91(a),responsibilities of the state Chief Information Officer (CIO)as general coordinating authority for all telecommunication matter with respect to state agencies; (3) 147-33.92(b), listing organizations and entities to share in broadbandtelecommunication services on a not-for-profit basis;(4) 150B-2(8a), definitions as used in GS Chapter 150B; (5) 147-33.76, duties, qualification, and appointment of the CIO; (6) 147-33.111, CIO approval of security standards and assessments; and (7) 147-33.112, assessment of agency compliance with security standards.
Amends GS 143-33.72C(e) to reinstate provisions regarding performance contracts that were amended in the 1st edition. Again provides that the CIO may require (changed to must require in 1st edition) that the provisions of performance contracts require a performance bond.Makes a clarifying change. Also amends new subsection (f) to provide that any state agency developing and implementing an information technology project with a total cost of ownership in excess of $5 million may be required by the CIO to engage the services of private counsel (was, required the state agency to engage private counsel) or subject matter experts to review information and provide advice and assistance. Provides that this review and advice requirement may also apply (was, shall apply)to information technology programs separated into individual projects when costs for the overall program is more than $5 million.
Amends GS 147-33.77(a) to reinstate all of the provisions deleted in that subsection in the 1st edition except retains the deletion of the inclusion of these employees under the State Personnel Act. Makes a conforming change to GS 126-5(c1) in the State Personnel Act.
Summary date: Apr 10 2013 - View summary
Identical to S 442 filed on 3/26/13.
Repeals GS 143-135.9(a)(3), defining information technology.
Amends GS 147-33.72C(e) to provide that the State Chief Information Officer (CIO) may require that contracts between a state agency and a private party for information technology projects require a performance bond, monetary penalties, or other performance assurance measures (was, only penalties) for projects that are not completed or performed (was, completed) within the specified timeframe or that involve costs exceeding contract specifications. Allows the state CIO to use cost savings realized on government-vendor partnerships as performance incentives for an information technology project vendor. Amends GS 147-33.91 to remove the provision that the state CIO may work cooperatively with the NC Agency for Public Telecommunications in furthering the purposes of the statute while exercising general telecommunications coordinating authority. Amends GS 147-33.92 to provide that the state CIO must establish broadband (was, switched broadband) telecommunication services and permit specified organizations and entities to share on a not-for-profit basis. Removes other references in the statute to switched broadband. Amends GS 150B-2 to amend the definition of rule to also exclude standards adopted by the Office of Information Technology Services applied to information technology as defined in GS 147-33.81. Amends GS 147-33.72B(b)(1) to remove from the term "major project" (as it relates to a biennial state information technology plan) a project that costs more than $500,000. Amends GS 147-33.72C (Project approval standards) to also remove existing references to the $500,000 project threshold. Requires that the state CIO require that contracts between a state agency and a private party for information technology projects include a performance bond and may also require that the provisions include monetary penalties or other performance assurance measures. Allows the state CIO to utilize cost savings in government-vendor partnerships as performance incentives. Requires that a state agency developing and implementing an information technology project with a total cost of ownership in excess of $5 million obtain private counsel with the appropriate expertise. Specifies duties of the counsel. Provides that the requirement also applies to information technology programs that are separated into individual projects if the total cost of ownership for the overall program exceeds $5 million. Amends GS 147-33.72H to require that money be appropriated from the Information Technology Fund to support the operation and administration of the Office of the State Chief Information Officer. Amends GS 147-33.76 to require that the state CIO be appointed by the Governor and confirmed by joint resolution of the General Assembly to serve a five-year term. Also exempts the state CIO from the State Personnel Act and allows the CIO to appoint a chief deputy information officer. Allows the state CIO to appoint employees and provides that they are exempt from the State Personnel Act. Makes a conforming change deleting provisions concerning employees and the Chief Deputy Information Officer from GS 147-33.77. Amends GS 147-33.111 to require the state CIO to also conduct assessments of information system security. Makes conforming changes. Amends GS 147-33.112 to also require assessments of each agency's contracted vendors. Requires that assessments performed on all of the relevant entities include examining security practices, security industry standards, and current expenditures of state funds for information technology security, in additional to existing requirements.