Legislation
This overview is divided into two sections. The section titled, “General Authority,” describes the laws which grant the Division of the State Chief Information Officer (CIO) the general authority to act. The section titled, “Responsibilities,” describes the laws that confer certain responsibilities on the CIO.
Several of the cited laws reference the CIO's predecessor organizations, the Division of Information Resource Management (DIRM) and the Office of Information Resources (OIR). For purposes of this overview, all such references have been changed to the CIO.
GENERAL AUTHORITY
S.C. Code Ann. Section 1-11-335
Pursuant to this Code section, the Budget and Control Board (Board) is authorized to provide to and receive from other governmental entities, including local governments, goods and services, as will in its opinion promote efficient and economical operations. Revenue received from such goods and services must be placed in a special account and expended only for the costs of providing the goods and services, and such funds may be retained and expended for the same purposes.
S.C. Code Ann. Section 1-11-430
This Code section requires that all state entities be treated as a single enterprise for purposes of securing and utilizing local and long distance telecommunications equipment and services. The Board is directed to secure and coordinate the supply of all telecommunications equipment and services for the state government enterprise. No entity of state government may enter into an agreement or renew an existing agreement for telecommunications services without Board approval.
S.C. Code Ann. Section 11-35-1580
This Code section, which is part of the procurement code, details the responsibilities of the Information Technology Management Office (ITMO) (created in Section 11-35-820). Generally, ITMO is responsible for the planning and procurement of information technology for state government.
23 S.C. Code Ann. Reg. 19-445.2115
(Information Technology Procurements)
This regulation requires that all governmental bodies, as defined in the procurement code, must develop, in coordination with the CIO, a master plan for information technology procurements. Subject to CIO approval of the master plan, acquisitions of information technology by governmental bodies shall be through the CIO's ITMO.
RESPONSIBILITIES
S.C. Code Ann. Section 1-11-435
This section directs the CIO to 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 other relevant agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disaster-related duties. Additionally, all state agencies and political subdivisions are instructed to assist the CIO in the collection of data required for the plan.
S.C. Code Ann. Section 1-11-770
This Code section authorizes the CIO to plan, develop, and implement a statewide South Carolina 211 network, which must serve as the single point of coordination for information and referral for health and human services. The CIO must also develop criteria for the certification of 211 providers.
23 S.C. Code of Regulations 19-210 et seq. (211 Certification Requirements)
These regulations set forth criteria and procedures for the certification of 211 providers.
S.C. Code Ann. Section 11-53-20 (SCEIS)
This Code Section mandates the South Carolina Enterprise Information System (SCEIS) be implemented for all agencies, with the exception of lump-sum agencies, the General Assembly or its respective branches or committees, Legislative Council, and the Office of Legislative Printing and Information Technology Resources. This section also creates the SCEIS oversight committee, appointed by the Comptroller General, to provide oversight for the implementation and continued operation of the system.
S.C. Code Ann. Section 23-1-230
This Code section creates a First Responders Advisory Committee and makes the CIO a member. This committee is designed to provide support and advice to emergency service providers. The CIO is also required to provide the committee with clerical and related assistance.
S.C. Code Ann. Section 25-1-420 et seq. (Emergency Preparedness)
This Article creates the South Carolina Emergency Management Division and details the powers of the Division and the Governor in emergency situations. The CIO is responsible for providing, coordinating, and supporting much of the public safety communications used during disasters or other emergency situations.
S.C. Code Ann. Section 26-6-190(A) (Uniform Electronic Transactions Act)
This Code section authorizes the Board to create standards to coordinate, create, implement, and facilitate the use of common approaches and technical infrastructure to enhance the utilization of electronic records, electronic signatures, and security procedures by and for public entities of the State and local governments that consent to be governed by such regulations.
S.C. Code Ann. Section 26-6-195 (Uniform Electronic Transactions Act)
This Code section directs the Board to devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to state agencies and operations.
S.C. Code Ann. Section 58-9-2540(B)(6)
This Article of the Code addresses telephone service for hearing and speech impaired persons. Pursuant to this section, the Public Service Commission may appoint an advisory committee to monitor telecommunications as it relates to the hearing or speech impaired. This advisory committee includes one representative from the CIO.
S.C. Code Ann. Section 59-150-60(A)(9) (Education Lottery Act)
Pursuant to this section, the Lottery Commission, in order to achieve cost savings and efficiency, shall use the telecommunications network service of the CIO.
S.C. Code Ann. Section 59-150-390 (Education Lottery Act)
Pursuant to this section, the State Department of Education, in consultation with the CIO, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding.
2007-2008 Appropriations Act, Part 1B Proviso 63.8 (Wireless Communications Tower)
This proviso directs the Board to coordinate tower and antenna operations within state government. The Board is required to: (1) approve all leases regarding antenna placement on state owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess capacity on the State's wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess capacity on the State's wireless communications infrastructure, and (5) construct new communications assets on appropriate state owned property for the purposes of generating revenue pursuant to this proviso. All revenue generated from tower leases and contracts after July 1, 2001, must be remitted to a separate fund to create and support a statewide public safety communications system.
2007-2008 Appropriations Act, Part 1B Proviso 63.23 (Technology Initiative)
This proviso directs the Board to use $100,000 to support partnerships that further initiatives to align higher education programs with the needs of technology-intensive industries.
2007-2008 Appropriations Act, Part 1B Proviso 63.52 (First Responder Interoperability)
This proviso directs the CIO to administer and coordinate First Responder Interoperability operations for the statewide Palmetto 800 MHz radio system to better coordinate public safety disaster responses and communications. The Board is required to provide a report on the status of the integration of the Palmetto 800 MHz radio system to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by September 1, 2008.
2007-2008 Appropriations Act, Part 1B Proviso 72.27 (Information Technology-Report of Requested Increases)
This proviso authorizes and directs the Board to identify all requested increases for information technology for state agencies, evaluate such requests, and forward the evaluation to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee.
2007-2008 Appropriations Act, Part 1B Proviso 72.35 (School Technology Initiative)
Pursuant to this proviso, the State Department of Education, in consultation with the CIO, the State Library, and the Education Television Commission, shall administer the K-12 technology initiative funds.