reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1344 - Legacy applications.

§ 143B-1344. Legacy applications.
Participating agency legacy applications shall be moved to the Department once a detailed plan is coordinated and in place for the successful transition of a specific application to the Department. The Department shall identify situations where multiple agencies are using legacy systems with similar capabilities and shall prepare plans to consolidate these systems. (2015-241, s. 7A.2(b); 2016-94, s. 7.4(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1351 - Restriction on State agency contractual authority with regard to information technology.

§ 143B-1351. Restriction on State agency contractual authority with regard to information technology.
(a) All State agencies covered by this Article shall use contracts for information technology to include enterprise licensing agreements and convenience contracts established by the Department. The State CIO shall consult the agency heads prior to the initiation of any enterprise project or contract. Notwithstanding any other statute, the authority of State agencies to procure or obtain information technology shall be subject to compliance with the provisions of this Part.
(b) Notwithstanding any other provision of law, local governmental entities may use the information technology programs, services, or contracts offered by the Department, including information technology procurement, in accordance with the statutes, policies, and rules of the Department. Local governmental entities are not required to comply with otherwise applicable competitive bidding requirements when using contracts established by the Department.
(c) Any other State entities exempt from Part 3 or Part 5 of this Article may also use the information technology programs, services, or contracts offered by the Department, including information technology procurement, in accordance with the statutes, policies, and rules of the Department. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1352 - Unauthorized use of public purchase or contract procedures for private benefit prohibited.

§ 143B-1352. Unauthorized use of public purchase or contract procedures for private benefit prohibited.
(a) It is unlawful for any person, by the use of the powers, policies, or procedures described in this Part or established hereunder, to purchase, attempt to purchase, procure, or attempt to procure any property or services for private use or benefit.
(b) This prohibition shall not apply if:
(1) The State agency through which the property or services are procured had theretofore established policies and procedures permitting such purchases or procurement by a class or classes of persons in order to provide for the mutual benefit of such persons and the department, institution, or agency involved or the public benefit or convenience; and
(2) Such policies and procedures, including any reimbursement policies, are complied with by the person permitted thereunder to use the purchasing or procurement procedures described in this Part or established thereunder.
(c) Any violation of this section is a Class 1 misdemeanor.
(d) Any employee or official of the State who violates this Part shall be liable to the State to repay any amount expended in violation of this Part, together with any court costs. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1353 - Financial interest of officers in sources of supply; acceptance of bribes; gifts and favors regulated.

§ 143B-1353. Financial interest of officers in sources of supply; acceptance of bribes; gifts and favors regulated.
(a) Neither the State CIO, any deputy State CIO, or any other policy-making or managerially exempt personnel shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in the purchase of, or contract for, any information technology, nor in any firm, corporation, partnership, or association furnishing any information technology to the State government or any of its departments, institutions, or agencies. Violation of this section is a Class F felony, and any person found guilty of a violation of this section shall, upon conviction, be removed from State office or employment.
(b) The provisions of G.S. 133-32 shall apply to all Department employees. (2015-241, s. 7A.2(b); 2019-200, s. 5.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1354 - Certification that information technology bid submitted without collusion.

§ 143B-1354. Certification that information technology bid submitted without collusion.
The State CIO shall require bidders to certify that each bid on information technology contracts overseen by the Department is submitted competitively and without collusion. False certification is a Class I felony. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1355 - Award review.

§ 143B-1355. Award review.
(a) When the dollar value of a contract for the procurement of information technology equipment, materials, and supplies exceeds the benchmark established by subdivision (1) of subsection (c) of this section, an award recommendation shall be submitted to the State CIO for approval or other action. The State CIO shall promptly notify the agency or institution making the recommendation, or for which the purchase is to be made, of the action taken.
(b) Prior to submission for review pursuant to this section for any contract for information technology being acquired for the benefit of an agency authorized to deviate from this Article pursuant to G.S. 143B-1320(c), the State CIO shall review and approve the procurement to ensure compliance with the established processes, specifications, and standards applicable to all information technology purchased, licensed, or leased in State government, including established procurement processes, and compliance with the State government-wide technical architecture and standards established by the State CIO.
(c) The State CIO shall provide a report of all contract awards approved through the Statewide Procurement Office as indicated below. The report shall include the amount of the award, the contract term, the award recipient, the using agency, and a short description of the nature of the award, as follows:
(1) For contract awards greater than twenty-five thousand dollars ($25,000), to the cochairs of the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division as requested.
(2) For all contract awards outside the established purchasing system, to the Department of Administration, Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division on March 1 and September 1 of each year. (2015-241, s. 7A.2(b); 2016-94, s. 7.4(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1356 - Multiyear contracts; Attorney General assistance.

§ 143B-1356. Multiyear contracts; Attorney General assistance.
(a) Notwithstanding the cash management provisions of G.S. 147-86.11, the Department may procure information technology goods and services for periods up to a total of three years where the terms of the procurement contracts require payment of all or a portion of the contract price at the beginning of the contract agreement. All of the following conditions shall be met before payment for these agreements may be disbursed:
(1) Any advance payment can be accomplished within the IT Internal Service Fund budget.
(2) The State Controller receives conclusive evidence that the proposed agreement would be more cost-effective than a multiyear agreement that complies with G.S. 147-86.11.
(3) The procurement complies in all other aspects with applicable statutes and rules.
(4) The proposed agreement contains contract terms that protect the financial interest of the State against contractor nonperformance or insolvency through the creation of escrow accounts for funds, source codes, or both, or by any other reasonable means that have legally binding effect.
The Office of State Budget and Management shall ensure the savings from any authorized agreement shall be included in the IT Internal Service Fund rate calculations before approving annual proposed rates. Any savings resulting from the agreements shall be returned to agencies included in the contract in the form of reduced rates.
(b) At the request of the State CIO, the Attorney General shall provide legal advice and services necessary to implement this Article. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1357 - Purchase of certain computer equipment and televisions by State agencies and governmental entities prohibited.

§ 143B-1357. Purchase of certain computer equipment and televisions by State agencies and governmental entities prohibited.
(a) No State agency, local political subdivision of the State, or other public body shall purchase computer equipment or televisions, as defined in G.S. 130A-309.131, or enter into a contract with any manufacturer that the State CIO determines is not in compliance with the requirements of G.S. 130A-309.134 or G.S. 130A-309.135 as determined from the list provided by the Department of Environmental Quality pursuant to G.S. 130A-309.138. The State CIO shall issue written findings upon a determination of noncompliance. A determination of noncompliance by the State CIO is reviewable under Article 3 of Chapter 150B of the General Statutes.
(b) The Department shall make the list available to local political subdivisions of the State and other public bodies. A manufacturer that is not in compliance with the requirements of G.S. 130A-309.134 or G.S. 130A-309.135 shall not sell or offer for sale computer equipment or televisions to the State, a local political subdivision of the State, or other public body. (2015-241, ss. 7A.2(b), 14.30(c).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1358 - Refurbished computer equipment purchasing program.

§ 143B-1358. Refurbished computer equipment purchasing program.
(a) The Department of Information Technology and the Department of Administration, with the administrative support of the Information Technology Strategic Sourcing Office, shall offer State and local governmental entities the option of purchasing refurbished computer equipment from registered computer equipment refurbishers whenever most appropriate to meet the needs of State and local governmental entities.
(b) State and local governmental entities shall document savings resulting from the purchase of the refurbished computer equipment, including, but not limited to, the initial acquisition cost as well as operations and maintenance costs. These savings shall be reported quarterly to the Department of Information Technology.
(c) The Information Technology Strategic Sourcing Office shall administer the refurbished computer equipment program by establishing a competitive purchasing process to support this initiative that meets all State information technology procurement laws and procedures and ensures that agencies receive the best value.
(d) Participating computer equipment refurbishers must meet all procurement requirements established by the Department of Information Technology and the Department of Administration. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1359 - Configuration and specification requirements same as for new computers.

§ 143B-1359. Configuration and specification requirements same as for new computers.
Refurbished computer equipment purchased under this act must conform to the same standards as the State may establish as to the configuration and specification requirements for the purchase of new computers. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1360 - Data on reliability and other issues; report.

§ 143B-1360. Data on reliability and other issues; report.
The Department of Information Technology shall maintain data on equipment reliability, potential cost savings, and any issues associated with the refurbished computer equipment initiative and shall report the results of the initiative to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division by March 1, 2016, and then annually thereafter. (2015-241, s. 7A.2(b); 2016-94, s. 7.4(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1361 - Information technology procurement policy; reporting requirements.

§ 143B-1361. Information technology procurement policy; reporting requirements.
(a) Policy. – In order to further the policy of the State to encourage and promote the use of small, minority, physically handicapped, and women contractors in State purchasing of goods and services, all State agencies shall cooperate with the Department in efforts to encourage the use of small, minority, physically handicapped, and women contractors in achieving the purposes of this Article, which is to provide for the effective and economical acquisition, management, and disposition of information technology.
(b) Bids. – A vendor submitting a bid shall disclose in a statement, provided contemporaneously with the bid, where services will be performed under the contract sought, including any subcontracts and whether any services under that contract, including any subcontracts, are anticipated to be performed outside the United States. Nothing in this section is intended to contravene any existing treaty, law, agreement, or regulation of the United States. The State CIO shall retain the statements required by this subsection regardless of the State entity that awards the contract and shall report annually to the Secretary of Administration on the number of contracts which are anticipated to be performed outside the United States.
(c) Reporting. – Every State agency that makes a direct purchase of information technology using the services of the Department shall report directly to the Department of Administration all information required by G.S. 143-48(b).
(d) Data from Department of Administration. – The Department of Administration shall collect and compile the data described in this section and report it annually to the Department of Information Technology, the Joint Legislative Oversight Committee on Information Technology, and the Fiscal Research Division. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1362 - Personal services contracts subject to Article.

§ 143B-1362. Personal services contracts subject to Article.
(a) Requirement. – Notwithstanding any other provision of law, information technology personal services contracts for executive branch agencies shall be subject to the same requirements and procedures as information technology service contracts, except as provided in this section.
(b) Certain Approvals Required. – Notwithstanding any provision of law to the contrary, no information technology personal services contract, nor any contract that provides personnel to perform information technology functions regardless of the cost of the contract, may be established or renewed without written approval from the Department of Information Technology. To facilitate compliance with this requirement, the Department of Information Technology shall develop and document a process to monitor all State agency information technology personal services contracts, as well as any other State contracts providing personnel to perform information technology functions and a process for obtaining approval of contractor positions.
(c), (d) Repealed by Session Laws 2019-200, s. 2, effective August 21, 2019.
(e) Reporting Required. – The Department of Information Technology shall report biennially to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division on the number of information technology service contractors in each State agency, the cost for each, and the comparable cost, including benefits, of a State employee serving in that capacity rather than a contractor.
(f) Information Technology Personal Services Contract Defined. – For purposes of this section, the term "personal services contract" means a contract for services provided by a professional individual as an independent contractor on a temporary or occasional basis.
(g) Repealed by Session Laws 2019-200, s. 2, effective August 21, 2019. (2015-241, s. 26.2(b); 2019-200, s. 2.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1365 - Data centers.

§ 143B-1365. Data centers.
(a) The State CIO shall create an inventory of data center operations in the executive branch and shall develop and implement a detailed, written plan for consolidation of agency data centers in the most efficient manner possible. By May 1, 2016, the State CIO shall present a report on the data center consolidation plan to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division.
(b) State agencies shall use the State infrastructure to host their projects, services, data, and applications. The State Chief Information Officer may grant an exception if the State agency can demonstrate any of the following:
(1) Using an outside contractor would be more cost-effective for the State.
(2) The Department does not have the technical capabilities required to host the application.
(3) Valid security requirements preclude the use of State infrastructure, and a vendor can provide a more secure environment. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1371 - Communications services for local governmental entities and other entities.

§ 143B-1371. Communications services for local governmental entities and other entities.
(a) The State CIO shall provide cities, counties, and other local governmental entities with access to communications systems or services established by the Department under this Part for State agencies. Access shall be provided on the same cost basis that applies to State agencies.
(b) The State CIO shall establish broadband communications services and permit, in addition to State agencies, cities, counties, and other local government entities, the following organizations and entities to share on a not-for-profit basis:
(1) Nonprofit educational institutions as defined in G.S. 116-280.
(2) MCNC and research affiliates of MCNC for use only in connection with research activities sponsored or funded, in whole or in part, by MCNC, if such research activities relate to health care or education in North Carolina.
(3) Agencies of the United States government operating in North Carolina for use only in connection with activities that relate to health care, education, or FirstNet in North Carolina.
(4) Hospitals, clinics, and other health care facilities for use only in connection with activities that relate to health care, education, or FirstNet in North Carolina.
(c) Any communications or broadband telecommunications services provided pursuant to this section shall not be provided in a manner that would cause the State or the Department to be classified as a public utility as that term is defined in G.S. 62-3(23)a.6., nor as a retailer as that term is defined in G.S. 105-164.3. Nor shall the State or the Department engage in any activities that may cause those entities to be classified as a common carrier as that term is defined in the Communications Act of 1934, 47 U.S.C. § 153(11). Provided further, authority to share communications services with the non-State agencies set forth in subdivisions (1) through (4) of subsection (b) of this section shall terminate not later than one year from the effective date of a tariff for such service or federal law that preempts this section. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1372 - Statewide electronic web presence; annual report.

§ 143B-1372. Statewide electronic web presence; annual report.
(a) The Department shall plan, develop, implement, and operate a statewide electronic web presence, to include mobile, in order to (i) increase the convenience of members of the public in conducting online transactions with, and obtaining information from, State government and (ii) facilitate the public's interactions and communications with government agencies. The State CIO shall have approval authority over all agency Web site funding, to include any agency contract decisions. Participating agency Web site and content development staff shall be transferred to the Department in accordance with the schedule for their agency.
(b) Beginning January 1, 2016, and then annually thereafter, the State CIO shall report to the General Assembly and to the Fiscal Research Division on the following information:
(1) Services currently provided and associated transaction volumes or other relevant indicators of utilization by user type.
(2) New services added during the previous year.
(3) Services added that are currently available in other states.
(4) The total amount collected for each service.
(5) The total amount remitted to the State for each service.
(6) The total amount remitted to the vendor for each service.
(7) Any other use of State data by the vendor and the total amount of revenue collected per each use and in total.
(8) Customer satisfaction with each service.
(9) Any other issues associated with the provision of each service. (2015-241, s. 7A.2(b); 2015-268, s. 2.16.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1375 - Security.

§ 143B-1375. Security.
Confidentiality. – No data of a confidential nature, as defined in the General Statutes or federal law, may be entered into or processed through any information technology system or network established under this Article until safeguards for the data's security satisfactory to the State CIO have been designed and installed and are fully operational. This section does not affect the provisions of G.S. 147-64.6 or G.S. 147-64.7. (2015-241, s. 7A.2(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1377 - State CIO approval of security standards and risk assessments.

§ 143B-1377. State CIO approval of security standards and risk assessments.
(a) Notwithstanding G.S. 143-48.3, 143B-1320(b), or 143B-1320(c), or any other provision of law, and except as otherwise provided by this Article, all information technology security goods, software, or services purchased using State funds, or for use by a State agency or in a State facility, shall be subject to approval by the State CIO in accordance with security standards adopted under this Part.
(b) The State CIO shall conduct risk assessments to identify compliance, operational, and strategic risks to the enterprise network. These assessments may include methods such as penetration testing or similar assessment methodologies. The State CIO may contract with another party or parties to perform the assessments. Detailed reports of the risk and security issues identified shall be kept confidential as provided in G.S. 132-6.1(c).
(c) If the legislative branch or the judicial branch develop their own security standards, taking into consideration the mission and functions of that entity, that are comparable to or exceed those set by the State CIO under this section, then those entities may elect to be governed by their own respective security standards. In these instances, approval of the State CIO shall not be required before the purchase of information technology security devices and services. If requested, the State CIO shall consult with the legislative branch and the judicial branch in reviewing the security standards adopted by those entities.
(d) Before a State agency may enter into any contract with another party for an assessment of network vulnerability, the State agency shall notify the State CIO and obtain approval of the request. If the State agency enters into a contract with another party for assessment and testing, after approval of the State CIO, the State agency shall issue public reports on the general results of the reviews. The contractor shall provide the State agency with detailed reports of the security issues identified that shall not be disclosed as provided in G.S. 132-6.1(c). The State agency shall provide the State CIO with copies of the detailed reports that shall not be disclosed as provided in G.S. 132-6.1(c).
(e) Nothing in this section shall be construed to preclude the Office of the State Auditor from assessing the security practices of State information technology systems as part of its statutory duties and responsibilities. (2015-241, s. 7A.2.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1378 - Assessment of agency compliance with cybersecurity standards.

§ 143B-1378. Assessment of agency compliance with cybersecurity standards.
At a minimum, the State CIO shall annually assess the ability of each State agency, and each agency's contracted vendors, to comply with the current cybersecurity enterprise-wide set of standards established pursuant to this section. The assessment shall include, at a minimum, the rate of compliance with the enterprise-wide security standards and an assessment of security organization, security practices, security information standards, network security architecture, and current expenditures of State funds for information technology security. The assessment of a State agency shall also estimate the initial cost to implement the security measures needed for agencies to fully comply with the standards as well as the costs over the lifecycle of the State agency information system. Each State agency shall submit information required by the State CIO for purposes of this assessment. The State CIO shall include the information obtained from the assessment in the State Information Technology Plan. (2015-241, s. 7A.2(b); 2019-200, s. 6(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › §§ 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022.

§§ 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022. (G.S. 143B-1390: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1203 by 2021-180, s. 19A.7A(b); G.S. 143B-1391: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 1998-202, s. 9; 1998-212, s. 18.2(b); 2001-424, s. 23.6(b); 2001-487, s. 90; 2003-284, s. 17.1(a); 2004-129, s. 42; 2011-145, ss. 6A.11(b), 19.1(g), (l); 2015-241, ss. 7A.2(d), 7A.3(1); 2017-186, s. 2(ffffff), (qqqqqq); recodified as N.C. Gen. Stat. s. 143B-1204 by 2021-180, s. 19A.7A(b).; G.S. 143B-1392: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1205 by 2021-180, s. 19A.7A(b).; G.S. 143B-1393: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.2(b); 2004-129, s. 43; 2015-241, ss. 7A.2(e), 7A.3(1), 7A.4(w); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).; G.S. 143B-1394: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.1(b); 2011-145, ss. 6A.11(c), 19.1(g); 2015-241, ss. 7A.2(f), 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1391 - 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022.

§§ 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022. (G.S. 143B-1390: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1203 by 2021-180, s. 19A.7A(b); G.S. 143B-1391: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 1998-202, s. 9; 1998-212, s. 18.2(b); 2001-424, s. 23.6(b); 2001-487, s. 90; 2003-284, s. 17.1(a); 2004-129, s. 42; 2011-145, ss. 6A.11(b), 19.1(g), (l); 2015-241, ss. 7A.2(d), 7A.3(1); 2017-186, s. 2(ffffff), (qqqqqq); recodified as N.C. Gen. Stat. s. 143B-1204 by 2021-180, s. 19A.7A(b).; G.S. 143B-1392: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1205 by 2021-180, s. 19A.7A(b).; G.S. 143B-1393: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.2(b); 2004-129, s. 43; 2015-241, ss. 7A.2(e), 7A.3(1), 7A.4(w); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).; G.S. 143B-1394: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.1(b); 2011-145, ss. 6A.11(c), 19.1(g); 2015-241, ss. 7A.2(f), 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1392 - 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022.

§§ 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022. (G.S. 143B-1390: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1203 by 2021-180, s. 19A.7A(b); G.S. 143B-1391: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 1998-202, s. 9; 1998-212, s. 18.2(b); 2001-424, s. 23.6(b); 2001-487, s. 90; 2003-284, s. 17.1(a); 2004-129, s. 42; 2011-145, ss. 6A.11(b), 19.1(g), (l); 2015-241, ss. 7A.2(d), 7A.3(1); 2017-186, s. 2(ffffff), (qqqqqq); recodified as N.C. Gen. Stat. s. 143B-1204 by 2021-180, s. 19A.7A(b).; G.S. 143B-1392: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1205 by 2021-180, s. 19A.7A(b).; G.S. 143B-1393: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.2(b); 2004-129, s. 43; 2015-241, ss. 7A.2(e), 7A.3(1), 7A.4(w); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).; G.S. 143B-1394: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.1(b); 2011-145, ss. 6A.11(c), 19.1(g); 2015-241, ss. 7A.2(f), 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1393 - 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022.

§§ 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022. (G.S. 143B-1390: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1203 by 2021-180, s. 19A.7A(b); G.S. 143B-1391: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 1998-202, s. 9; 1998-212, s. 18.2(b); 2001-424, s. 23.6(b); 2001-487, s. 90; 2003-284, s. 17.1(a); 2004-129, s. 42; 2011-145, ss. 6A.11(b), 19.1(g), (l); 2015-241, ss. 7A.2(d), 7A.3(1); 2017-186, s. 2(ffffff), (qqqqqq); recodified as N.C. Gen. Stat. s. 143B-1204 by 2021-180, s. 19A.7A(b).; G.S. 143B-1392: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1205 by 2021-180, s. 19A.7A(b).; G.S. 143B-1393: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.2(b); 2004-129, s. 43; 2015-241, ss. 7A.2(e), 7A.3(1), 7A.4(w); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).; G.S. 143B-1394: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.1(b); 2011-145, ss. 6A.11(c), 19.1(g); 2015-241, ss. 7A.2(f), 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1394 - 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022.

§§ 143B-1390 through 143B-1394: Recodified as Part 8 of Article 13 of Chapter 143B, G.S. 143B-1203 through 143B-1207, by Session Laws 2021-180, s. 19A.7A(b), effective January 1, 2022. (G.S. 143B-1390: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1203 by 2021-180, s. 19A.7A(b); G.S. 143B-1391: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 1998-202, s. 9; 1998-212, s. 18.2(b); 2001-424, s. 23.6(b); 2001-487, s. 90; 2003-284, s. 17.1(a); 2004-129, s. 42; 2011-145, ss. 6A.11(b), 19.1(g), (l); 2015-241, ss. 7A.2(d), 7A.3(1); 2017-186, s. 2(ffffff), (qqqqqq); recodified as N.C. Gen. Stat. s. 143B-1204 by 2021-180, s. 19A.7A(b).; G.S. 143B-1392: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2015-241, s. 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1205 by 2021-180, s. 19A.7A(b).; G.S. 143B-1393: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.2(b); 2004-129, s. 43; 2015-241, ss. 7A.2(e), 7A.3(1), 7A.4(w); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).; G.S. 143B-1394: 1996, 2nd Ex. Sess., c. 18, s. 23.3(a); 2003-284, s. 17.1(b); 2011-145, ss. 6A.11(c), 19.1(g); 2015-241, ss. 7A.2(f), 7A.3(1); recodified as N.C. Gen. Stat. s. 143B-1206 by 2021-180, s. 19A.7A(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1404 - 911 Fund.

§ 143B-1404. 911 Fund.
(a) Fund. – The 911 Fund is created as an interest-bearing special revenue fund within the State treasury. The 911 Board administers the Fund. The 911 Board must credit to the 911 Fund all revenues remitted to it from the service charge imposed by G.S. 143B-1403. Revenue in the Fund may only be used as provided in this Part.
(b) Allocation of Revenues. – The 911 Board may deduct and retain for its administrative expenses a percentage of the total service charges remitted to it under G.S. 143B-1403 for deposit in the 911 Fund. The percentage may not exceed three and one-half percent (3.5%). The percentage is one percent (1%) unless the 911 Board sets the percentage at a different amount. The 911 Board must monitor the amount of funds required to meet its duties under this Part and set the rate at an amount that enables the 911 Board to meet this commitment. The 911 Board must allocate a minimum of fifteen percent (15%) of the total service charges to the Next Generation 911 Reserve Fund to be administered as provided in G.S. 143B-1407. The 911 Board must allocate a minimum of five percent (5%) of the total service charges to the PSAP Grant and Statewide Projects Account to be administered as provided in G.S. 143B-1407. The remaining revenues remitted to the 911 Board for deposit in the 911 Fund are allocated for distribution to the primary PSAPs, CMRS providers, or the Accounts established in G.S. 143B-1407.
(c) Report. – In February of each odd-numbered year, the 911 Board must report to the Joint Legislative Commission on Governmental Operations and the Revenue Laws Study Committee. The report must contain complete information regarding receipts and expenditures of all funds received by the 911 Board during the period covered by the report, the status of the 911 system in North Carolina at the time of the report, and the results of any investigations by the Board of PSAPs that have been completed during the period covered by the report.
(d) Nature of Revenue. – The General Assembly finds that distributions of revenue from the 911 Fund are not State expenditures for the purpose of Section 5(3) of Article III of the North Carolina Constitution. Therefore, the Governor may not reduce or withhold revenue in the 911 Fund. (2007-383, s. 1(a); 2008-134, s. 1(a); 2010-158, s. 5; 2011-122, s. 4; 2011-291, s. 2.17; 2015-241, s. 7A.3(2); 2015-261, ss. 1(d), 4(d); 2019-200, s. 7(d).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1405 - Fund distribution to CMRS providers.

§ 143B-1405. Fund distribution to CMRS providers.
(a) Distribution. – CMRS providers are eligible for reimbursement from the 911 Fund for the actual costs incurred by the CMRS providers in complying with the requirements of enhanced 911 service. Costs of complying may include costs incurred for designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining all necessary data, hardware, and software required to provide 911 communications service as well as the recurring and nonrecurring costs of providing the service. To obtain reimbursement, a CMRS provider must comply with all of the following:
(1) Invoices must be sworn.
(2) All costs and expenses must be commercially reasonable.
(3) All invoices for reimbursement must be related to compliance with the requirements of enhanced 911 service.
(4) Prior approval must be obtained from the 911 Board for all invoices for payment of costs that exceed the lesser of:
a. One hundred percent (100%) of the eligible costs allowed under this section.
b. One hundred twenty-five percent (125%) of the service charges remitted to the 911 Board by the CMRS provider.
(5) A CMRS provider may request reimbursement by presenting a request to the Board not later than six months prior to the end of the Board's fiscal year and identifying the provider's anticipated qualified expenses for reimbursement during the Board's next fiscal year.
(b) Payment Carryforward. – If the total amount of invoices submitted to the 911 Board and approved for payment in a month exceeds the amount available from the 911 Fund for reimbursements to CMRS providers, the amount payable to each CMRS provider is reduced proportionately so that the amount paid does not exceed the amount available for payment. The balance of the payment is deferred to the following month.
(c) PSAP Grant and Statewide Project Reallocation. – If the amount of reimbursements to CMRS providers budgeted by the 911 Board for a fiscal year exceeds the amount of funds disbursed for reimbursements to CMRS providers for that fiscal year, the 911 Board may reallocate the excess amount to the Accounts established under G.S. 143B-1407. The 911 Board may reallocate funds under this subsection only once each calendar year and may do so only within the three-month period that follows the end of the fiscal year.
The 911 Board must make the following findings before it reallocates funds to the PSAP Accounts established under G.S. 143B-1407:
(1) There is a critical need for additional funding for PSAPs in rural or high-cost areas and ensure that NG911 service is deployed throughout the State.
(2) The reallocation will not impair cost recovery by CMRS providers.
(3) The reallocation will not result in the insolvency of the 911 Fund. (2007-383, s. 1(a); 2010-158, s. 6; 2015-241, s. 7A.3(2); 2019-200, s. 7(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1408 - Recovery of unauthorized use of funds.

§ 143B-1408. Recovery of unauthorized use of funds.
The 911 Board must give written notice of violation to any communications service provider or PSAP found by the 911 Board to be using monies from the 911 Fund for purposes not authorized by this Part. Upon receipt of notice, the communications service provider or PSAP must cease making any unauthorized expenditures. The communications service provider or PSAP may petition the 911 Board for a hearing on the question of whether the expenditures were unauthorized, and the 911 Board must grant the request within a reasonable period of time. If, after the hearing, the 911 Board concludes the expenditures were in fact unauthorized, the 911 Board may require the communications service provider or PSAP to refund the monies improperly spent within 90 days. Money received under this Part must be credited to the 911 Fund. If a communications service provider or PSAP does not cease making unauthorized expenditures or refuses to refund improperly spent money, the 911 Board must suspend funding to the provider or PSAP until corrective action is taken. (2007-383, s. 1(a); 2015-241, s. 7A.3(2); 2015-261, s. 4(f); 2019-200, s. 7(h).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1409 - Conditions for providing enhanced 911 service.

§ 143B-1409. Conditions for providing enhanced 911 service.
No CMRS provider is required to provide enhanced 911 service until all of the following conditions are met:
(1) The CMRS provider receives a request for the service from the administrator of a PSAP that is capable of receiving and utilizing the data elements associated with the service.
(2) Funds for reimbursement of the CMRS provider's costs are available pursuant to G.S. 143B-1405.
(3) The local exchange carrier is able to support the requirements of enhanced 911 service. (2007-383, s. 1(a); 2015-241, s. 7A.3(2); 2019-200, s. 7(i).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1410 - Audit.

§ 143B-1410. Audit.
The State Auditor may perform audits of the 911 Board pursuant to Part 5A of Chapter 147 of the General Statutes to ensure that funds in the 911 Fund are being managed in accordance with the provisions of this Part. The State Auditor must perform an audit of the 911 Board at least every two years. The 911 Board must reimburse the State Auditor for the cost of an audit of the 911 Board. (2007-383, s. 1(a); 2015-241, s. 7A.3(2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1411 - Subscriber records.

§ 143B-1411. Subscriber records.
Each CMRS provider must provide its 10,000 number groups to a PSAP upon request. This information remains the property of the disclosing CMRS provider and must be used only in providing emergency response services to 911 calls. CMRS communications service provider connection information obtained by PSAP personnel for public safety purposes is not public information under Chapter 132 of the General Statutes. No person may disclose or use, for any purpose other than the 911 system, information contained in the database of the telephone network portion of a 911 system. (2007-383, s. 1(a); 2015-241, s. 7A.3(2); 2015-261, s. 4(g).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1412 - Proprietary information.

§ 143B-1412. Proprietary information.
All proprietary information submitted to the 911 Board or the State Auditor is confidential. Proprietary information submitted pursuant to this Part is not subject to disclosure under Chapter 132 of the General Statutes, and it may not be released to any person other than to the submitting communications service provider, the 911 Board, and the State Auditor without the express permission of the submitting communications service provider. Proprietary information is considered a trade secret under the Trade Secrets Protection Act, Article 24 of Chapter 66 of the General Statutes. General information collected by the 911 Board or the State Auditor may be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual communications service provider. (2007-383, s. 1(a); 2015-241, s. 7A.3(2); 2015-261, s. 4(h).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1415 - Limitation of liability, prepaid wireless.

§ 143B-1415. Limitation of liability, prepaid wireless.
In addition to the limitation of liability provided in subsection G.S. 143B-1413, each provider and seller of prepaid wireless telecommunications service is entitled to the following limitations of liability:
(1) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of or the failure to provide 911 service, or for identifying or failing to identify the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 911 service.
(2) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law enforcement officer of the United States, this State or any other state, or any political subdivision of this State or any other state in connection with any lawful investigation or other law enforcement activity by the law enforcement officer. (2011-122, s. 5; 2015-241, s. 7A.3(2).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 15 - Department of Information Technology. › § 143B-1416 - Exclusivity of 911 service charge for prepaid wireless telecommunications service.

§ 143B-1416. Exclusivity of 911 service charge for prepaid wireless telecommunications service.
The 911 service charge for prepaid wireless telecommunications service imposed by this Part is the only 911 funding obligation imposed with respect to prepaid wireless telecommunications service in this State, and no tax, fee, surcharge, or other charge shall be imposed in this State, any subdivision of this State, or any intergovernmental agency for 911 funding purposes upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service. (2011-122, s. 5; 2015-241, s. 7A.3(2).)