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TO AMEND SECTION 1-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISIONS OF THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE FOR THE STRUCTURE AND COMPOSITION OF THE BOARD'S MANAGEMENT ENTITIES AND DIVISIONS; TO AMEND SECTION 1-11-430, RELATING TO THE BUDGET AND CONTROL BOARD'S GOVERNING THE SUPPLY AND USE OF TELECOMMUNICATIONS SYSTEMS FOR STATE GOVERNMENT, SO AS TO EXCLUDE THE GENERAL ASSEMBLY, THE STATE SENATE, THE STATE HOUSE OF REPRESENTATIVES, OR ANY COMMITTEE OR INSTRUMENTALITY OF THE GENERAL ASSEMBLY, STATE SENATE, OR STATE HOUSE OF REPRESENTATIVES, THE LEGISLATIVE COUNCIL, AND THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY SERVICES FROM ENTITIES FOR WHICH THE BUDGET AND CONTROL BOARD SECURES LOCAL AND LONG DISTANCE TELECOMMUNICATIONS EQUIPMENT AND SERVICES; TO AMEND SECTION 1-11-435, RELATING TO THE PROTECTION OF CRITICAL INFORMATION TECHNOLOGY AND DATA SYSTEMS, SO AS TO SPECIFY THAT THE OFFICE OF THE STATE CHIEF INFORMATION OFFICER IS WITHIN THE BUDGET AND CONTROL BOARD; TO AMEND CHAPTER 11, TITLE 1, BY ADDING ARTICLE 9, SO AS TO PROVIDE FOR AN OFFICE OF STATE CHIEF INFORMATION OFFICER AS A MANAGEMENT ENTITY IN THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 2-13-240, RELATING TO DISTRIBUTION OF CODES, SO AS TO PROVIDE FOR CODE DISTRIBUTION TO THE MANAGEMENT ENTITIES AND DIVISIONS OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 11-35-1580, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO PROVIDE FOR THE DUTIES OF THE OFFICE OF STATE CHIEF INFORMATION OFFICER AND THE PROCUREMENT SERVICES DIVISION OF THE BUDGET AND CONTROL BOARD; TO AMEND SECTION 23-1-230, RELATING TO FIRST RESPONDERS ADVISORY COMMITTEE, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 23-47-30, RELATING TO THE 911 SYSTEM PLAN, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 23-47-50, RELATING TO 911 SUBSCRIBER BILLING, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 58-9-2540, RELATING TO AN ADVISORY COMMITTEE FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; TO AMEND SECTION 59-150-60, RELATING TO POWERS OF THE LOTTERY COMMISSION, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER; AND TO AMEND SECTION 59-150-390, RELATING TO PRIMARY AND SECONDARY TECHNOLOGY FUNDING, SO AS TO CORRECT A REFERENCE TO THE OFFICE OF STATE CHIEF INFORMATION OFFICER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-11-20 of the 1976 Code is amended to read:
"Section 1-11-20. The functions of the State Budget and Board shall be are performed, exercised and discharged under the supervision and direction of the Board through three three management entities: (1) the office of Executive Director, (2) the State Auditor, and (3) the office of State Chief Information Officer; and through seven divisions, the Finance Division (embracing the work of the State Auditor, the former State Budget Commission, the former State Finance Committee and the former Board of Claims for the State of South Carolina), the Purchasing and Property Division (embracing the work of the former Commissioners of the Sinking Fund, the former Board of Phosphate Commissioners, the State Electrician and Engineer, the former Commission on State House and State House Grounds, the central purchasing functions, the former Surplus Procurement Division of the State Research, Planning and Development Board and the Property Custodian) and the Division of Personnel Administration (embracing the work of the former retirement board known as the South Carolina Retirement System and the administration of all laws relating to personnel),: (1) the General Services Division, (2) the Budget and Analyses Division, (3) the Retirement Division, (4) the Insurance and Grants Services Division, (5) the Procurement Services Division, (6) the Strategic Planning and Operations Division, and (7) the Internal Audit and Performance Review Division. each Each division to consist consists of a director and such the necessary clerical, stenographic, and technical employees as may be necessary, to be employed by the respective directors with the approval of approved by the Board. The State Auditor shall be the director of the Finance Division, ex officio, and the directors of the other divisions shall must be employed by the State Budget and Control Board for such the time and compensation, not greater than the term and compensation for the State Auditor, as shall be fixed by the Board in its judgment."
SECTION 2. Section 1-11-430 of the 1976 Code is amended to read:
"Section 1-11-430. In post-divestiture circumstances, the State state government, including its boards, committees, commissions, councils, and agencies, and other entities but excluding the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate, or State House of Representatives; the Legislative Council; the Office of Legislative Printing and Information Technology Services; or counties, municipalities, and special service and school districts, must be treated as a single enterprise for purposes of securing and utilizing local and long distance telecommunications equipment and services.
The State Budget and Control Board shall secure all telecommunications equipment and services for the state government enterprise under terms it considers suitable and coordinate the supply of the equipment and services for state government use. No entity of state government may enter into an agreement or renew an existing agreement for telecommunications services unless approved by the board."
SECTION 3. Section 1-11-435 of the 1976 Code is amended to read:
"Section 1-11-435. To protect the state's critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office of the State Chief Information Officer (CIO) of the South Carolina Budget and Control Board should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to, critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan."
SECTION 4. Chapter 11, Title 1 of the 1976 Code is amended by adding:
Section 1-11-1300. It is the intent of the General Assembly to create an instrumentality that provides leadership and direction for the use of information technology within the executive branch of government in South Carolina. The General Assembly recognizes the critical role information technology plays in providing cost effective and efficient services to the citizens of this State. The General Assembly envisions an enterprise information system that provides an easily accessible, reliable, and accurate information infrastructure to enhance both the quality and delivery of services.
Section 1-11-1305. There is created a management entity within the State Budget and Control Board, the Office of the State Chief Information Officer. The office is headed by the State Chief Information Officer who is appointed by the Governor with the advice and consent of the Senate. The State Chief Information Officer serves at the pleasure of the Budget and Control Board and may only be removed by majority vote of the members of the Budget and Control Board that includes a vote by the Governor to remove the State Chief Information Officer.
Section 1-1-1310. The Office of the State Chief Information Officer may be organized in a manner the State Chief Information Officer considers most appropriate to carry out various duties, responsibilities, and authorities assigned to the office.
Section 1-11-1315. As used in this article,
(1) 'Advisory Council' means the South Carolina Information Technology Advisory Council as established in this article.
(2) 'Board' means the State Budget and Control Board.
(3) 'Governmental body' means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive branch. Governmental body does not mean the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, the Senate, or House of Representatives; the Judicial Department; Legislative Council; the Office of Legislative Printing and Information Technology Services; the Department of Transportation; and all local political subdivisions such as counties, municipalities, school districts, or public service or special purpose districts.
(4) 'Immediate family' means a person who is:
(a) a spouse;
(b) a child residing in the same household; or
(c) claimed as a dependent for income tax purposes
(5) 'Information technology' means electronic data processing goods and services, telecommunications goods and services, information security goods and services, information management, microprocessors, software, information processing, office systems, any services related to these, and consulting or other services for design or redesign of information technology supporting business processes.
(6) 'Information technology vendor' means a person or entity who provides or proposes to provide information technology goods or services in excess of an aggregate amount of four hundred thousand dollars to the office pursuant to a procurement contract or contracts for one or more projects within a fiscal year, but does not include an employee of the office, a state agency, or an instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(7) 'Office' means the Office of the State Chief Information Officer;
(8) 'Other state entity' means the General Assembly, the State Senate, the State House of Representatives, or any committee or instrumentality of the General Assembly, State Senate or State House of Representatives; the Judicial Branch; the Legislative Council; the Office of Legislative Printing and Information Technology Resources; the Department of Transportation; or any other state agency or department that is not a political subdivision or is not included in the definition of a governmental body.
(9) 'Political subdivision' means the counties, municipalities, school districts, special purpose districts, special service districts, commissioners of public works, and any other local governmental authority, board, commission, agency, department, or political body.
(10) 'Telecommunications' means the provision, transmission, conveyance, or routing of voice, data, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, or other medium or method now in existence or devised after this article takes effect. Telecommunications includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, cable services, and mobile telecommunications services, and includes all facilities and equipment performing these functions.
Section 1-11-1320. (A) There is created the South Carolina Information Technology Advisory Council.
(B) The advisory council consists of the following nine members:
(1) two cabinet agency directors appointed by the Governor;
(2) one noncabinet agency director appointed by the Governor upon recommendation of the president of the State Agency Directors Organization;
(3) one representative of the state institutions of higher learning appointed by the Council of Public College and University Presidents;
(4) two citizen members from the private sector appointed by the Governor;
(5) one citizen member from the private sector appointed by the President of the Senate;
(6) one citizen member from the private sector appointed by the Speaker of the House of Representatives; and
(7) the State Chief Information Officer.
(C) The State Chief Information Officer serves as chairman of the advisory council.
(D) Appointed members serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the advisory council while they hold that office.
(E) Members serve without compensation, but citizen members of the advisory council are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the advisory council.
(F) The powers and duties of the advisory council include the following:
(1) make recommendations for the coordinated statewide strategic plan for information technology prepared by the office;
(2) make recommendations for the statewide strategic information technology directions, standards, and enterprise architecture prepared by the office;
(3) make recommendations concerning a process to assess information technology plans and information technology projects as provided in Section 1-11-1335(4);
(4) make recommendations concerning the procedures developed by the office for the allocation and distribution of funds from the Information Technology Innovation Fund;
(5) upon request of the State Chief Information Officer or the board, make recommendations concerning the advisability of granting governmental bodies exemptions from the requirements imposed by the Chief Information Officer as provided in this article;
(6) upon request of the State Chief Information Officer or the board, make recommendations concerning the termination of any information technology project of a governmental body or governmental bodies; and
(7) upon request of the board, may review decisions of the office concerning whether the information technology plans and projects of the governmental body conform to statewide information technology plans, strategies, and standards.
Section 1-11-1325. (A) The State Information Technology Directors Committee is created to advise the State Chief Information Officer on matters relating to the development and implementation of information technology standards, policies, and procedures and facilitate the exchange of information among the information technology directors of governmental bodies. The committee includes representatives from governmental bodies and must be chosen in a manner and number determined by the State Chief Information Officer.
(B) The State Chief Information Officer may establish other standing or ad hoc advisory committees to provide assistance relating to any other matters within the office's authority.
(C) Members of the advisory committees appointed pursuant to subsections (A) and (B) are allowed the usual per diem and mileage as provided by law for members of boards, commissions, and committees while on official business of the committees. Members who are full-time state employees shall not receive per diem.
Section 1-11-1330. The powers and duties of the office include the following:
(1) develop for approval by the board a coordinated statewide strategic plan for information technology;
(2) develop for approval by the board statewide strategic information technology directions, standards, and enterprise architecture. These directions, standards, and architecture must include, but are not limited to, information related to the privacy and confidentiality of data collected and stored by governmental bodies, web site accessibility, and assistive technologies. The office shall implement necessary management processes to assure that governmental bodies fully comply with these directions, standards, and architecture;
(3) develop policies and procedures for the effective management of information technology investments throughout their entire life cycles, including, but not limited to, project definition, procurement, development, implementation, operation, performance evaluation, and enhancement or retirement;
(4) in cooperation with governmental bodies, evaluate the information technology of governmental bodies to determine whether the merger of information technology and related resources is justified by sound business principles including, but not limited to, efficiency, cost effectiveness, and cross agency information sharing. If the State Chief Information Officer and a governmental body or governmental bodies do not agree on a merger determination by the State Chief Information Officer, the governmental body or governmental bodies may seek a waiver from the determination by following the appeal process in Section 1-11-1355;
(5) plan and forecast future needs for information technology and conduct studies and surveys of organizational structures and best management practices of information technology systems and procedures;
(6) evaluate the information technology plans and projects of governmental bodies to ensure that the plans and projects are consistent with statewide plans, strategies, and standards, including alignment with the state's business goals, investments, and other risk management policies;
(7) assist the Secretary of Commerce in the development of information technology related industries in the State and the promotion of economic development initiatives based on information technology;
(8) assist governmental bodies in the development of guidelines concerning the qualifications and training requirements of information technology related personnel;
(9) secure all telecommunications equipment and services for governmental bodies under terms the office considers suitable and coordinate the supply of the equipment and services for use by governmental bodies;
(10) operate and manage a state consolidated data center, and other appropriate data centers, to be used by governmental bodies under terms and conditions established by the office;
(11) develop information technology applications and services for entities requesting them;
(12) administer information technology related procurements and contracting activities for governmental bodies in accordance with the South Carolina Consolidated Procurement Code;
(13) enter into agreements and contracts with governmental bodies, political subdivisions, and other state entities to provide and receive goods and services. The office may establish fee schedules to be collectible from governmental bodies and other state entities for services rendered and goods provided;
(14) hire necessary personnel and assign them duties and powers as the office prescribes; and
(15) exercise and perform other powers and duties as granted to it, imposed upon it by law or necessary to carry out the purposes in this article.
Section 1-11-1335. The office has the following additional powers and duties relating to planning and the management of information technology projects of governmental bodies:
(1) oversee the development of any statewide and multi-agency information technology enterprise projects;
(2) develop for board approval a process for approving the information technology plans of governmental bodies;
(3) establish a methodology and process for conceiving, planning, scheduling, procuring, and providing appropriate oversight for information technology projects;
(4) develop for the board's approval a process for approving information technology projects proposed by governmental bodies to ensure that all of these projects conform to statewide information technology plans, strategies, and standards, the information technology plan of the governmental body, and the project management methodology. Before initiating any information technology project proposed by a governmental body or governmental bodies that exceeds an amount set or adjusted by the board, but initially set at four hundred thousand dollars, the project must be approved, as provided in the approval process. Governmental bodies shall not artificially divide these projects so as to avoid the approval process;
(5) monitor approved information technology projects. The office may modify and suspend any information technology project that is not in compliance with statewide information technology plans, strategies, and standards or that has not met the performance measures agreed to by the office and the sponsoring governmental body. Upon suspension of an information technology project, the State Chief Information Officer must submit to the board a recommended action plan at the board's next regularly scheduled meeting. The governmental body may respond to the State Chief Information Officer's recommended action plan when it is presented to the board. Upon notifying a governmental body and giving the governmental body an opportunity to be heard, the board may terminate projects upon recommendation of the State Chief Information Officer;
(6) establish minimum qualifications and training standards for project managers; and
(7) establish an information clearinghouse that identifies best practices and new developments and contains detailed information regarding the state's previous experiences with the development of information technology projects.
Section 1-11-1340. (A) The office has the following additional powers and duties relating to telecommunications:
(1) coordinate the various telecommunications facilities and services used by governmental bodies;
(2) acquire, lease, construct, or organize facilities and equipment as necessary to deliver comprehensive telecommunications services in an efficient and cost-effective manner, and maintain these facilities and equipment;
(3) provide technical assistance to governmental bodies in areas such as:
(a) performing systems development services, including design, application programming, and maintenance;
(b) conducting research and sponsoring demonstration projects pertaining to all facets of telecommunications; and
(c) planning and forecasting for future needs in communications services.
(B) If requested by a political subdivision or other state entity, the office may supply telecommunications goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the office and the political subdivision or other state entity.
(C) A governmental body shall not enter into an agreement or renew an existing agreement for telecommunications services or equipment unless approved by the office.
Section 1-11-1345. (A) The office has the following additional powers and duties relating to information technology procurements by governmental bodies:
(1) ensure that information technology procurements are conducted in a manner consistent with the South Carolina Consolidated Procurement Code and related regulations;
(2) ensure that information technology procurements conform to statewide information technology plans, strategies, and standards. The office may reject any information technology procurement that does not conform to statewide information technology plans, strategies, and standards;
(3) recommend to the board categories of information technology procurement, which must be exempted from the requirements of the South Carolina Consolidated Procurement Code and related regulations;
(4) enter into cooperative purchasing agreements with political subdivisions or other state entities for the procurement of information technology and allow political subdivisions and other state entities to participate in the office's procurement of information technology under terms and conditions established by the office; and
(5) participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of information technology.
(B) If requested by a political subdivision or other state entity, the office may supply information technology goods and services to the political subdivision or other state entity under terms and conditions agreed upon by the office and the political subdivision or other state entity.
Section 1-11-1350. The office has the following additional powers and duties relating to the security of government information and infrastructure:
(1) to protect the state's critical information technology infrastructure and associated data systems if there is a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue if there is such an event, the office shall develop a Critical Information Technology Infrastructure Protection Plan which devises policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate on-line access to data and information systems necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. All governmental bodies of this State are directed to assist the office in the collection of data required for this plan;
(2) to oversee, plan, and coordinate periodic security audits of governmental bodies regarding the protection of government information and information technology infrastructure. These security audits may include, but are not limited to, on-site audits as well as reviews of all written security procedures. The office may conduct the security audits or contract with a private firm or firms to conduct these security audits. Governmental bodies subject to a security audit shall cooperate fully with the entity designated to perform such audits.
Section 1-11-1355. (A) Each governmental body is required to develop an information technology plan and submit the plan to the office for approval. The office may reject or require modification to those plans that do not conform to statewide information technology plans, strategies, and standards.
(B) A governmental body or governmental bodies may seek a waiver from the standards, requirements, or merger determinations as provided in this article by submitting a request for a waiver to the State Chief Information Officer.
(C) The State Chief Information Officer must consider the technological and financial impact on the State as a whole and on the specific governmental body or governmental bodies in making a determination regarding the waiver.
(D) In deciding whether to grant the request or upon the request of the governmental body or governmental bodies, the State Chief Information Officer may seek a recommendation concerning the waiver from the advisory council.
(E) If the State Chief Information Officer denies the request for a waiver, the governmental body or governmental bodies may seek review of the denial by the board. The governmental body or governmental bodies and State Chief Information Officer must present information concerning the waiver to the board, and the board may request a recommendation from the advisory council if one has not been previously obtained.
(F) The board's decision concerning the waiver is final, but does not preclude the governmental body or governmental bodies from seeking a subsequent waiver through the appeal process in this section upon a showing of substantial change in circumstances.
Section 1-11-1360. (A) The Budget and Control Board shall provide, from funds appropriated for that purpose by the General Assembly, funds necessary to carry out all duties and responsibilities assigned to the office that are not reimbursable through a fee-for-service methodology. The office must deposit in a special account in the Office of the State Treasurer revenue received from providing goods and services to governmental bodies, political subdivisions, and other state entities. The revenue deposited in the account may be expended only for the costs of providing the goods and services, and these funds may be retained and expended for the same purposes.
(B) There is created an Information Technology Innovation Fund. This fund must provide incentives to governmental bodies to implement enterprise initiatives and electronic government projects. Use of the fund must encourage governmental bodies to pursue innovative and creative approaches using technology that provides needed citizens' services more cost effectively and efficiently. The fund shall not be used to replace or offset appropriations for on-going technology expenditures and operations. The fund consists of those funds appropriated through the state budget process, grants, gifts, and other donations received by the State or otherwise available. The office, with the approval of the board, is responsible for developing appropriate procedures for the allocation and distribution of these funds.
Section 1-11-1365. (A) An information technology vendor for a contract or contracts must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A person who violates the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.
(B) An information technology vendor who has entered into the competitive solicitation process for a contract or contracts or who has been awarded a contract or contracts with the office shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional officer, to a political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), during the competitive solicitation process or during the term of the contract or contracts.
(C) The prohibition in subsection (B) specifically applies to the officer or board member of an information technology vendor, holders of an interest in an information technology vendor of more than ten percent, and their immediate family members."
SECTION 5. Section 2-13-240(a)(58) of the 1976 Code, as last amended by Act 419 of 1998, is further amended to read:
"(58) Budget and Control Board:
(a) Auditor, six Executive Director, two;
(b) General Services Division, six Auditor, three;
(c) Personnel Division, one General Services Division, two;
(d) Research and Statistical Services Division, one Budget and Analyses Division, one;
(e) Retirement System Division, one;
(f) Insurance and Grants Services Division, one;
(g) Procurement Services Division, one;
(h) Strategic Planning and Operations Division, one;
(i) Internal Audit and Performance Review Division, one;
(j) Office of State Chief Information Officer, one;"
SECTION 6. Section 11-35-1580 of the 1976 Code is amended to read:
"Section 11-35-1580. (1) Information Technology Management Office. The Information Technology Management Office shall be responsible for:
(a) assessing the need for and use of information technology;
(b) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter;
(c) providing for the disposal of all information technology property surplus to the needs of a using agency;
(d) evaluating the use and management of information technology;
(e) operating a comprehensive inventory and accounting reporting system for information technology;
(f) developing policies and standards for the management of information technology in state government;
(g) initiating a state plan for the management and use of information technology;
(h) providing management and technical assistance to state agencies in using information technology; and
(i) establishing a referral service for state agencies seeking technical assistance or information technology services.
(2) Exemptions from the Requirements of this Section. The office may establish by regulation categories of procurement for information technology which shall be exempted from the requirements of this section.
(3) Training and Certification. The office may establish a training and certification program in accordance with Section 11-35-1030.
(A) The Office of the State Chief Information Officer the Budget and Control Board is responsible for:
(1) assessing the need for and use of information technology;
(2) providing for the disposal of all information technology property surplus to the needs of a using agency;
(3) evaluating the use and management of information technology;
(4) operating a comprehensive inventory and accounting reporting system for information technology;
(5) developing policies and standards for the management of information technology in state government;
(6) initiating a state plan for the management and use of information technology;
(7) providing management and technical assistance to state agencies in using information technology; and
(8) establishing a referral service for state agencies seeking technical assistance or information technology services.
(B) The Budget and Control Board, Procurement Services Division is responsible for:
(1) administering all procurement and contracting activities undertaken for governmental bodies involving information technology in accordance with this chapter;
(2) establishing by regulation categories of procurement for information technology which shall be exempted from the requirements of this section; and
(3) establishing a training and certification program in accordance with Section 11-35-1030."
SECTION 7. Section 23-1-230(H) of the 1976 Code, as added by Act 339 of 2002, is amended to read:
"(H) The First Responders Advisory Committee shall receive clerical and related assistance from the staff of the South Carolina Law Enforcement Division, the Department of Public Safety, and the Office of Information Resources State Chief Information Officer."
SECTION 8. Section 23-47-30 of the 1976 Code, as added by Act 245 of 1991, is amended to read:
"Section 23-47-30. (A) A local government which seeks funding for a 911 system shall submit to the Division of Information Resource Management (DIRM), the Office of the State Chief Information Officer within the South Carolina Budget and Control Board a 911 system plan for review and approval. The plan shall conform to the planning guidelines set forth in this chapter, guidelines promulgated by DIRM, and meet the requirements of current tariffs applicable to the 911 system. The plan must include:
(1) the type of 911 system desired for the local government including the type of equipment to be used and the associated costs;
(2) the location of the PSAP and the county or municipality agency or organization responsible for operating the PSAP;
(3) a listing of those public safety agencies whose services will be available through the 911 system;
(4) the personnel determined necessary to operate and maintain the 911 system;
(5) educational efforts the local government will undertake to acquaint the general public with the availability and proper use of the 911 system.
(B) Those local governments which already have a 911 system are encouraged to conform to the standards set forth in this section."
SECTION 9. Section 23-47-50(E) of the 1976 Code, as last amended by Act 233 of 2000, is further amended to read:
"(E) The 'emergency telephone system' fund must be included in the annual audit of the local government in accordance with guidelines issued by the state auditor's office. A report of the audit must be forwarded to the state auditor within sixty days of its completion, and a copy sent to DIRM the Office of the State Chief Information Officer."
SECTION 10. Section 58-9-2540(B)(7) of the 1976 Code is amended to read:
"(7) one representative from the office Office of the Division of Information Resource Management the State Chief Information Officer, State Budget and Control Board; and"
SECTION 11. Section 59-150-60(A)(9) of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Office of the State Chief Information Resources Officer pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;"
SECTION 12. Section 59-150-390 of the 1976 Code, as added by Act 59 of 2001, is amended:
"Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Office of the State Chief Information Resources Officer, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3."
SECTION 13. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:24 A.M.