GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	2
SENATE BILL 900
Information Technology Committee Substitute Adopted 4/25/01

Short Title:	Revise CJIN Budget Process.	()	
Sponsors:	     	
Referred to:	     	
April 5, 2001

A BILL TO BE ENTITLED
AN ACT TO make changes to THE membership of the CRIMINAL JUSTICE INFORMATION NETWORK GOVERNING BOARD; TO AUTHORIZE THE BOARD TO HIRE AN EXECUTIVE DIRECTOR; TO ESTABLISH THE BUDGET SUBCOMMITTEE OF THE BOARD; AND TO ESTABLISH THE CRIMINAL JUSTICE TECHNOLOGY FUND.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑661(b) reads as rewritten:
"(b)	The Board shall consist of  20 members, appointed as follows:
(1)	 Four members appointed by the Governor, including one member who is a director or employee of a State correction agency for a term to begin September 1, 1996 and to expire on June 30, 1997, one member who is an employee of the North Carolina Department of Crime Control and Public Safety for a term beginning September 1, 1996 and to expire on June 30, 1997,  one member selected from the North Carolina Association of Chiefs of Police for a term to begin September 1, 1996 and to expire on  June 30, 1999, and one member who is an employee of the North Carolina Department of Juvenile Justice and Delinquency Prevention.
(2)	 Four members appointed by the General Assembly in accordance with G.S. 120‑121, as follows:
a.	 Two members of the general public, recommended by the President Pro Tempore of the  Senate; and
b.	 Two members of the general public, recommended by the Speaker of the House of  Representatives.
(3)	Two members appointed by the Attorney General, including one member who is an employee of the Attorney General for a term to begin on September 1, 1996 and to expire on June 30, 1997, and one member from the North Carolina Sheriffs' Association for a term to begin on September 1, 1996 and to expire on June 30, 1999.
(4)	Six members appointed by the Chief Justice of the North Carolina Supreme Court, as follows:
a.	The Director of the Administrative Office of the Courts, or an employee of the Administrative Office of the Courts, for a term beginning July 1, 1997, and expiring June 30, 2001.
b.	One member who is a district attorney or an assistant district attorney upon the recommendation of the Conference of District Attorneys of North Carolina, for a term beginning July 1, 1998, and expiring June 30, 1999.
c.	Two members who are superior court or district court judges for terms beginning July 1, 1998, and expiring June 30, 2001.
d.	One member who is a magistrate upon the recommendation of the North Carolina Magistrates' Association, for a term beginning July 1, 1998, and expiring June 30, 1999.
e.	One member who is a clerk of superior court upon the recommendation of the North Carolina Association of Clerks of Superior Court, for a term beginning July 1, 1998, and expiring June 30, 1999.
(5)	One member appointed by the Chair of the Information Resource Management Commission, who is the Chair or a member of that Commission, for a term to begin on September 1, 1996 and to expire on June 30, 1999.
(6)	One member appointed by the President of the North Carolina Chapter of the Association of Public Communications Officials International, who is an active member of the Association, for a term to begin on September 1, 1996 and to expire on June 30, 1999.
(7)	The Executive Director of the North Carolina League of Municipalities, or that person's designee.
(8)	The Executive Director of the North Carolina Association of County Commissioners, or that person's designee.
The respective appointing authorities are encouraged to appoint persons having a background in and familiarity with criminal information systems and networks generally and with the criminal information needs and capacities of the constituency from which the member is appointed.
As the initial terms expire, subsequent members of the Board shall be appointed to serve four‑year terms. At the end of a term, a member shall continue to serve on the Board until a successor is appointed. A member who is appointed after a term is begun serves only for the remainder of the term and until a successor is appointed. Any vacancy in the membership of the Board shall be filled by the same appointing authority that made the appointment, except that vacancies among members appointed by the General Assembly shall be filled in accordance with G.S. 120‑122."
SECTION 2.  G.S. 143‑664 reads as rewritten:
"§ 143‑664.  Election of officers; meetings; staff, etc.
(a)	The Governor shall call the first meeting of the Board. At the first meeting, the Board shall elect a chair and a vice‑chair, each to serve a one‑year term, with subsequent officers to be elected for one‑year terms. The Board shall hold at least two regular meetings each year, as provided by policies and procedures adopted by the Board. The Board may hold additional meetings upon the call of the chair or any three Board members. A majority of the Board membership constitutes a quorum.
(b)	The Board may hire an executive director. The executive director of the Board shall serve as its chief information officer and shall assist the Board in fulfilling the powers and duties of the Board. In particular, the executive director shall assure that the standards and information technology developed by the Board adhere to the standards, procedures, and policies of the Office of Information Technology Services and the Information Resources Management Commission. In addition, the executive director shall assist the Board in coordinating and prioritizing all requests for funding from the Criminal Justice Technology Fund for each agency and department that is a part of the Network. The executive director may hire professional and clerical staff for additional support or, in the alternative, the Department shall provide the Board with professional and clerical staff and any additional support the Board needs to fulfill its mandate. The Board may meet in an area provided by the Department of Justice and the Board's staff shall use space provided by the Department."
SECTION 3.  G.S. 143‑663(a) reads as rewritten:
"(a)	The Board shall have the following powers and duties:
(1)	To establish and operate the Network as an integrated system of State and local government components for effectively and efficiently storing, communicating, and using criminal justice information at the State and local levels throughout North Carolina's law enforcement, judicial, and corrections agencies, with the components of the Network to include electronic devices, programs, data, and governance and to set the Network's policies and procedures.
(2)	To develop and adopt uniform standards and cost‑effective information technology, after thorough evaluation of the capacity of information technology to meet the present and future needs of the State and, in consultation with the Information Resource Management Commission, to develop and adopt standards for entering, storing, and transmitting information in criminal justice databases and for achieving maximum compatibility among user technologies.
(3)	To identify the funds needed to establish and maintain the Network, identify public and private sources of funding, and secure State, federal, and private funding, including State appropriations, to:
a.	Create the Network and facilitate the sharing of information among users of the  Network;
b.	Make grants to local government users to enable them to acquire or improve elements of the Network that lie within the responsibility of their agencies or State agencies; provided that the elements developed with the funds must be available for use by the State or by local governments without cost and the applicable State agencies join in the request for  funding; and
c.	Allocate funds from the Criminal Justice Technology Fund to the State agencies and departments that are part of the Criminal Justice Information Network, including the Departments of Correction, Crime Control and Public Safety, Juvenile Justice and Delinquency Prevention, and Justice and the Judicial Department.
(4)	To provide assistance to local governments for the financial and systems planning for Network‑related automation and to coordinate and assist the Network users of this State in soliciting bids for information technology hardware, software, and services in order to assure compliance with the Board's technical standards, to gain the most advantageous contracts for the Network users of this State, and to assure financial accountability where State funds are used.
(5)	To provide a liaison among local government users and to advocate on behalf of the Network and its users in connection with legislation affecting the Network.
(6)	To facilitate the sharing of knowledge about information technologies among users of the Network.
(7)	To take any other appropriate actions to foster the development of the Network."
SECTION 4.  Article 69 of Chapter 143 of the General Statutes is amended by adding the following new sections to read:
"§ 143-665.  Budget subcommittee created; powers and duties.
(a)	There is created the Criminal Justice Information Network Governing Board subcommittee on budget and funding issues. The subcommittee shall consist of the following members of the Board:
(1)	The member who is a director or employee of a State correction agency appointed by the Governor pursuant to G.S. 143-661(b)(1).
(2)	The member who is an employee of the North Carolina Department of Crime Control and Public Safety appointed by the Governor pursuant to G.S. 143-661(b)(1).
(3)	The member who is an employee of the North Carolina Department of Juvenile Justice and Delinquency Prevention appointed by the Governor pursuant to G.S. 143-661(b)(1).
(4)	The member who is an employee of the Attorney General appointed by the Attorney General pursuant to G.S. 143-661(b)(3).
(5)	The member who is an employee of the Administrative Office of the Courts pursuant to G.S. 143-661(b)(4).
(6)	The member who is the Chair of the Information Resource Management Commission or a member of that Commission appointed pursuant to G.S. 143-661(b)(5).
In addition to the subcommittee members who are members of the Board, the following persons shall serve on the subcommittee, ex officio:
(1)	The Secretary of the Department of Correction, or that person's designee.
(2)	The Secretary of the Department of Crime Control and Public Safety, or that person's designee.
(3)	The Director of the Administrative Office of the Courts, or that person's designee.
(4)	The Director of the State Bureau of Investigation, or that person's designee.
(5)	The Attorney General, or that person's designee.
(6)	The Secretary of the Department of Juvenile Justice and Delinquency Prevention, or that person's designee.
(b)	Every two years, the subcommittee shall elect a chair from among its members to preside over meetings of the subcommittee, coordinate with the agencies and departments that are a part of the Network, and report recommendations of the subcommittee to the Board and General Assembly, as required by this section.
(c)	The subcommittee shall review all requests for funding from the Criminal Justice Technology Fund for each agency and department in State government that is a part of the Criminal Justice Information Network, including the Departments of Correction, Crime Control and Public Safety, Juvenile Justice and Delinquency Prevention, and Justice and the Judicial Department. The subcommittee shall analyze the requests of each agency or department, determine how those requests impact the Criminal Justice Information Network as a whole, coordinate and prioritize those funding requests, and make recommendations regarding allocations from the Criminal Justice Technology Fund to each agency or department that is a part of the Network.
(d)	The subcommittee shall report its recommendations to the Board for its review on or before December 31 each year. A copy of the report shall be submitted to the Joint Select Committee on Information Technology and the Fiscal Research Division.
"§ 143-666.  Criminal Justice Technology Fund.
There is established in the office of the State Treasurer a nonreverting special fund, which shall be known as the Criminal Justice Technology Fund. All State funds appropriated for the Criminal Justice Information Network, all federal funds received by the Board, and all funds received by the Board from whatever sources shall be deposited to the credit of the Criminal Justice Technology Fund and made available to the Board until expended subject to this Article. The Criminal Justice Technology Fund shall be subject to the provisions of the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes.
All moneys credited to the Criminal Justice Technology Fund shall be made available to carry out the intent and purposes of this Article in accordance with plans approved by the Criminal Justice Information Network Governing Board, and all such funds are hereby appropriated, reserved, set aside, and made available until expended, for the enforcement of this Article. The Board shall report to the Joint Legislative Commission on Governmental Operations before expending from the Criminal Justice Technology Fund more than the amount authorized in the budget enacted by the General Assembly for the fiscal period.
In the event any uncertainty should arise as to the funds to be turned over to the Board, the Governor has full power and authority to determine the matter and his recommendation shall be final and binding to all parties concerned.
"§ 143-667.  Other agency technology needs; funding.
Nothing in this Article shall be construed to affect the authority or responsibility of any agency or department that is part of the Network to identify and prioritize its own technology needs and to seek funding, including appropriations of State funds, to meet those needs from sources other than the Criminal Justice Technology Fund."
SECTION 5.  G.S. 120‑123 is amended by adding a new subdivision to read:
"(75)	The Criminal Justice Information Network Governing Board, as established by G.S. 143-661."
SECTION 6.  This act is effective when it becomes law.