Bill Summary for H 217

Summary date: 

Jun 26 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 217 (Public) Filed Wednesday, February 27, 2019
AN ACT TO MAKE MISCELLANEOUS AND TECHNICAL CHANGES TO THE STATUTES RELATING TO THE DEPARTMENT OF INFORMATION TECHNOLOGY; AMEND VARIOUS STATUTES RELATING TO STATE AGENCY CYBERSECURITY; AMEND VARIOUS STATUTES RELATING TO THE EMERGENCY TELEPHONE SERVICE AND THE 911 BOARD; REPEAL THE REQUIREMENT THAT CABLE SERVICE PROVIDERS MUST PROVIDE CABLE SERVICE WITHOUT CHARGE TO A PUBLIC BUILDING LOCATED WITHIN 125 FEET OF THE PROVIDER'S CABLE SYSTEM; CREATE THE INFORMATION TECHNOLOGY STRATEGY BOARD; REQUIRE TRAINING AND CERTIFICATION OF POLICE TELECOMMUNICATORS; AND CLARIFY THE AUTHORITY OF THE STATE CHIEF INFORMATION OFFICER TO MAKE PERSONNEL DECISIONS RELATING TO EMPLOYEES OF THE DEPARTMENT OF INFORMATION TECHNOLOGY.
Intro. by Saine, Jones, K. Hall.

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Bill summary

Senate committee substitute to the 4th edition makes the following changes.

Adds to the proposed changes to GS 143B-1362 to require written approval of the Department of Information Technology (previously, also required approval of the Office of State Budget and Management) for the establishment or renewal of information technology personal service contracts.

Modifies the proposed changes to GS 143B-1353 to maintain the existing prohibition against the State Chief Information Officer (State CIO) or a deputy, or any other policy-making or managerially exempt personnel from being financially interested in information technology or its sourcing (was previously eliminated). Maintains the proposed elimination of the provision prohibiting the acceptance of bribes and the substitute provision subjecting all Department of Information Technology (DIT) employees to GS 133-32 (which regulates gifts and favors for public works contractors).  Makes organizational changes.

Adds to the proposed changes to GS 143B-1379, regarding required information principal department heads and councils of state must provide the State CIO. Exempts military personnel with a valid secret security clearance or a favorable Tier 3 security clearance investigation from the required criminal background reports for an agency's designated liaison in the information technology area.

Amends the proposed changes to GS 143B-1400. Includes in the definition of 911 State Plan the aggregation and sharing of call talking data, resources, procedures, standards, and requirements to improve emergency response and implementation of an NG911 network (previously, did not specify call talking). Adds to the definition of agent an authorized person who has one or more roles for a communications service provider. Maintains the existing definition of CMRS provider (previously, amended to refer to a service provider rather than an entity). Maintains the existing definition of FCC Order (previously, amended). 

Modifies and adds to the proposed changes to GS 143B-1402, regarding the powers and duties of the 911 Board (Board). Eliminates the proposed provisions added to the duty to administer the 911 Fund and the monthly 911 service charge, concerning the Board's adoption of related policy and procedures. Instead, adds a separate subsection to require the Board to determine its policies, procedures, and rules for execution of its powers and duties by majority vote. Also requires the Board to provide the Executive Director with the policy, procedure, or rule for execution. Establishes that no individual Board member has the responsibility or authority to give operational directives to any Board employee other than the Executive Director. Regarding the duty to set operating standards for PSAPs (public safety answering points) and backup PSAPs, removes the explicit inclusion of minimum staffing standards. Makes further clarifying and technical changes. Requires the Board to collect, manage, and analyze call taking data that is delivered to the State ESInet for use by the Board in performing call analytics and call routing (was, to collect and distribute data and to PSAPs and communications service providers).

Eliminates the proposed changes to GS 143B-1403 regarding service charges for 911 service. Requires the revenues of service charges to (1) ensure the full cost recovery for communications service providers over a reasonable period of time and (2) fund allocations under GS 143B-1404, as enacted, for monthly distributions to primary PSAPs and for the State ESInet (substantively similar to the previously proposed changes to subsection (d)). 

Modifies the proposed changes to GS 143B-1404, concerning the 911 Fund, to provide that the 911 Board must set the rate at an amount that enables the Board to ensure funding is adequate to meet its duties (previously, referred to setting the service charge rather than the rate).

Modifies the proposed changes to GS 143B-1405 to maintain the existing terminology, referencing enhanced 911 service.

Makes organizational changes to the proposed changes to GS 143B-1406, regarding distribution of 911 Fund funds to PSAPs. 

Further amends GS 143B-1409, no longer qualifying the specified conditions of the provision of enhanced 911 service by a CMRS (Commercial Mobile Radio Service) provider in accordance with the FCC Order. Similarly, maintains existing terminology, referencing enhanced 911 service. 

Amends GS 58-31-60 to establish that each payroll unit is entitled to the number of payroll deduction slots it needs to be used for payment of insurance premiums for products selected by the Employee Insurance Committee and offered to the employees of the payroll unit (previously, units were entitled to at least four payroll deduction slots).

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