GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 1111

Short Title:  Online North Carolina.	(Public)

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Sponsors: Senators Reeves; and Ballantine.

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Referred to:  Information Technology.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO CREATE "ONLINE NORTH CAROLINA"A STATEWIDE INFORMATION NETWORK TO FACILITATE ELECTRONIC GOVERNMENT.
The General Assembly of North Carolina enacts:
Section 1.  The title of Part 16 of Article 10 of Chapter 143B of the General Statutes is amended to add a Subpart to read:
"Part 16. Information Technology Related State
Government Functions.
"Subpart 1.  Information Resources and Services."
Section 2.  Part 16 of Article 10 of Chapter 143B of the General Statutes is amended by adding a new Subpart to read:
"Subpart 2.  Online North Carolina.
"§ 143B-472.50.  Title.
This Subpart may be cited as the Online North Carolina Act.
"§ 143B-472.51.  Definitions.
The following definitions apply in this Subpart:
(1)	'Agency' means any agency, board, or commission of the State or any political subdivision of the State which stores, gathers, or generates public information.
(2)	'Gateway system' means any centralized electronic information system by which public information shall be disseminated or collected via the Internet, dial-in modem, continuous link, or other electronic medium.
(3)	'Network manager' means the entity or person designated by contractual obligation to establish, develop, operate, maintain, and expand the gateway system on behalf of the Information Network of North Carolina.
(4)	'Public information' means any information stored, gathered, or generated in electronic or magnetic form by an agency, its agencies or instrumentalities, which is included within the information deemed to be a public record in accordance with Chapter 132 of the General Statutes.
(5)	'User association' means an association:
a.	Whose membership is identified by regular payment of association dues and regularly maintained membership lists;
b.	Which is registered with the Secretary of State as a North Carolina corporation;
c.	Which exists for the purpose of advancing the common occupation or profession of its membership; and
d.	Which, after the appointment of the initial board of Online North Carolina, regularly promotes and encourages the subscription of its members to the gateway system developed by Online North Carolina.
"§ 143B-472.52.  Board.
(a)	There is created Online North Carolina, a public instrumentality carrying out an essential government function, which shall be governed by a board to be known as the Online North Carolina Board, which shall consist of nine members, as follows:
(1)	Three members appointed by the Governor, one of whom shall be the Chief Information Officer for the State.
(2)	Three members appointed by the President Pro Tempore of the Senate.
(3)	Three members appointed by the Speaker of the House of Representatives.
The members of the Board shall be appointed for two-year terms commencing on July 1 of each odd-numbered year.  Members of the Board shall continue to serve until their successors are appointed.
(b)	The Board shall annually elect one member from the Board as chair of the Board at the first meeting of the Board held on or after July 1 of each year.  The Board may also elect a vice-chair and a secretary.
(c)	Five members of the Board shall constitute a quorum and the affirmative vote of five members of the Board shall be necessary for any action taken by the Board.  No vacancy in the membership of the Board shall impair the right of a quorum to exercise all rights and perform all the duties of the Board.
(d)	The Board shall meet at least semiannually.
(e)	Members of the Board shall not be entitled to compensation, but shall receive per diem and necessary travel and subsistence expense in accordance with G.S. 138-5.
(f)	Any vacancy occurring in the membership of the Board shall be filled by the original appointing authority.
"§ 143B-472.53.  Duties.
(a)	Online North Carolina shall have the following duties:
(1)	To develop and implement an electronic gateway system to provide electronic access to members of the public to public information and to develop, implement, and promote the use of electronic commerce and digital signature applications within the State in cooperation with the Secretary of State;
(2)	To provide appropriate oversight of the network manager;
(3)	To establish charges for the services provided by Online of North Carolina;
(4)	To explore ways of expanding the amount and kind of public information provided, increasing the utility and form of the public information provided, and implement such charges as required to be consistent with the provisions of this Subpart;
(5)	To explore ways of improving citizen and business access to public information, and, where appropriate, implementing such changes;
(6)	To explore ways of expanding a gateway system and its services to citizens and businesses by providing add-on services to the public such as access to other for-profit information databases, electronic mail, and calendaring;
(7)	To serve in an advisory capacity to the Department of Administration, the Officer of Budget and Management, the Information Resource Management Commission, and the State Information Processing Services Division of the Department of Commerce, and other State agencies regarding the dissemination to and collection of State data for the citizens and businesses of North Carolina;
(8)	To seek advice from the general public, its subscribers, professional associations, academic groups, and institutions and individuals with knowledge or interest in computer networking, electronic mail, public information access, gateway services, add-on services, and electronic filing of information; and
(9)	To accept gifts, donations, and grants for the support of a gateway system in North Carolina.
(b)	(1)	All State agencies shall participate with Online North Carolina in providing assistance as may be requested for the achievement of its purpose.
(2)	Services and information to be provided by any agency shall be specified pursuant to a contract between Online North Carolina and the agency.
(3)	Agencies may contract to recover from Online North Carolina costs incurred by providing assistance to Online North Carolina in accordance with this subsection.
"§ 143B-472.54.  Network manager.
(a)	Online North Carolina shall contract with a network manager and shall use a competitive bid process after developing, in consultation with the Information Resource Management Commission and the State Information Processing Services Division, criteria and specifications for such a network manager and the network manager's duties.
(b)	Online North Carolina may negotiate and enter into a contract with the network manager.  The contract shall specify the duties and responsibilities of the network manager, and shall also include any other terms necessary to the agreement.
(c)	The network manager shall:
(1)	Direct and supervise the day-to-day operations and expansion of the gateway system, including the initial phase of operations necessary to make the gateway system operational;
(2)	Attend meetings of the Online North Carolina Board;
(3)	Keep a record of all gateway, network, and related operations of Online North Carolina, which records shall be the property of Online North Carolina;
(4)	Maintain and be a custodian of all financial and operational records, documents, and papers filed with Online North Carolina;
(5)	Update and revise on an annual basis the business plan of Online North Carolina in consultation with and under the direction of the Online North Carolina Board;
(6)	Submit to Online North Carolina quarterly financial reports, an annual audit, an annual report, and any other information requested by the Board;
(7)	Other activities or services requested or authorized by Online North Carolina consistent with this Subpart.
(d)	The State Information Processing Services Division may provide Online North Carolina with staff and other assistance under contract."
Section 3.  This act becomes effective July 1, 1999.