Division of Technology

Legislation

This overview is divided into two sections. The section titled, "General Authority," describes the laws which grant the Division of Technology the general authority to act. The section titled, "Responsibilities," describes the laws that confer certain responsibilities on the Division.
 
Several of the cited laws reference the Division of Technology's predecessor organizations, the Division of State Information Technology (DSIT), the Division of the State Chief Information Officer (CIO), the Division of Information Resource Management (DIRM) and the Office of Information Resources (OIR).
 

Network Services

S.C. Code Ann. Section 1-11-335 (Goods and Services)
The Budget and Control Board may provide to and receive from other governmental entities goods and services.
 
"The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations.  The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury 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 (Telecommunications Authority) 
This 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.
 
“In post-divestiture circumstances, the State, its boards, committees, commissions, councils, and agencies, and other entities excluding 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.”
 
S.C. Code Section 8-21-15(B)(5),(C) (Internal Service Funds)
DSIT operates internal service funds to deliver services, including telecommunications, printing and data processing services, to state and local governments.  As a provider of services, DSIT is authorized to establish fees for providing these services to governmental entities.
 
S.C. Code Ann. Section 1-11-770 (211 Network)
This section authorizes DSIT 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.  DSIT 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.
 
2013-2014 Appropriations Act, Part 1B Proviso 101.4 (Wireless Communications Towers) 
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 and shall be transferred to the Educational Television Commission which shall retain and expend such funds for agency operations.
 
2013-2014 Appropriations Act, Part 1B Proviso 100.21  (First Responder Interoperability)
This proviso directs DSIT 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 October 1 of the current fiscal year.
 
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.  DSIT provides, coordinates, and supports much of the public safety communications used during disasters or other emergency situations.
 
S.C. Code Ann. Section 23-1-230 (First Responders Advisory Committee)
This Code section creates a First Responders Advisory Committee and makes DSIT a member.  This committee is designed to provide support and advice to emergency service providers.  DSIT is also required to provide the committee with clerical and related assistance. 
 
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 DSIT.
 
OMB A-87
Because some of the services delivered by DSIT are paid by agencies with federal dollars, OMB Circular A-87, “Cost Principles for State, Local and Indian Tribal Governments” applies to the use of DSIT revenues. The Circular is issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting Procedures Act of 1950, as amended; the Chief Financial Officers Act of 1990; Reorganization Plan No. 2 of 1970; and Executive Order No. 11541 (“Prescribing the Duties of the Office of Management and Budget and the Domestic Policy Council in the Executive Office of the President).  The Circular establishes principles and standards to provide a uniform approach for determining costs.  The principles are for determining allowable costs only.   
 
In addition, OMB Circular A-87 requires that any funds received by an internal service fund in excess of the expenses be handled in one of the following methods: “(a) a cash refund to the Federal Government for the Federal share of the adjustment, (b) credits to the amounts charged to the individual programs, (c) adjustments to future billing rates, or (d) adjustments to allocated central service costs.”
 

K–12

47 CFR 54.519 
Universal Service Support for School and Libraries - describes the allowable expenditures needed to receive E-Rate discounts for state networks.  In South Carolina, these discount refunds have been programmed into the K-12 School Technology Initiative.  The legal provisions governing the School Technology Initiative can be found in the General Appropriations Act and are stated as follows:
 
2013-2014 Appropriations Act, Part 1B Proviso 117.29 (School Technology Initiative) 
Pursuant to this proviso, the State Department of Education, in consultation with DSIT, the State Library, and the Education Television Commission, shall administer the K-12 technology initiative funds.
 
“From the funds appropriated/authorized for the K-12 technology initiative, the Department of Education, in consultation with the Budget and Control Board's Division of State Information Technology, the State Library and Educational Television Commission shall administer the K-12 technology initiative funds.  These funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state, conduct cost/benefit analyses of the various technologies and should, to the maximum extent possible, involve public-private sector collaborative efforts.  Funds may also be used to establish pilot projects for new technologies with selected school districts as part of the evaluation process.  K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose.”
 
S.C. Code Ann. Section 59-150-390 (Education Lottery Act)
Pursuant to this section, the State Department of Education, in consultation with DSIT, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided under the Education Lottery Act.
 

Data Center Services

S.C. Code Ann. Section 1-11-335 (Goods and Services)
Budget and Control Board may provide to and receive from other governmental entities goods and services.
 
“The respective divisions of the Budget and Control Board are authorized to provide to and receive from other governmental entities, including other divisions and state and local agencies and departments, goods and services, as will in its opinion promote efficient and economical operations.  The divisions may charge and pay the entities for the goods and services, the revenue from which shall be deposited in the state treasury 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 Section 8-21-15(B)(5),(C) (Internal Service Funds)
DSIT operates internal service funds to deliver services, including telecommunications, printing and data processing services, to state and local governments.  As a provider of services, DSIT is authorized to establish fees for providing these services to governmental entities.
 
OMB A-87
Because some of the services delivered by DSIT are paid by agencies with federal dollars, OMB Circular A-87, “Cost Principles for State, Local and Indian Tribal Governments” applies to the use of DSIT revenues. The Circular is issued under the authority of the Budget and Accounting Act of 1921, as amended; the Budget and Accounting  Procedures Act of 1950, as amended; the Chief Financial Officers Act of 1990; Reorganization Plan No. 2 of 1970; and Executive Order No. 11541 (“Prescribing the Duties of the Office of Management and Budget and the Domestic Policy Council in the Executive Office of the President).  The Circular establishes principles and standards to provide a uniform approach for determining costs.  The principles are for determining allowable costs only.   
 
In addition, OMB Circular A-87 requires that any funds received by an internal service fund in excess of the expenses be handled in one of the following methods: “(a) a cash refund to the Federal Government for the Federal share of the adjustment, (b) credits to the amounts charged to the individual programs, (c) adjustments to future billing rates, or (d) adjustments to allocated central service costs.”
 

SCEIS

S.C. Code Ann. Section 11-53-10
 
Special accounts for SCEIS
 
Each state agency may establish a special account for the purpose of funding the agency's nonrecurring implementation expenses of the South Carolina Enterprise Information System (SCEIS). An agency may transfer into this account funds at the discretion of the agency head to be set aside and expended for the identified purpose. The total amount of funds transferred into the account cannot exceed the agency's implementation costs as projected by the SCEIS Project Team. The special account is exempt from the calculation of any mid-year budget reduction ordered by the State Budget and Control Board. Any unexpended balance in the special account may be carried forward to the succeeding fiscal year and expended for the same purposes. The Comptroller General shall monitor these special accounts to ensure compliance with the provisions of this joint resolution. It is the intent of the General Assembly that agencies pursue grants and other non-state funding sources to fund their portion of the SCEIS implementation.
 
S.C. Code Ann. Section 11-53-20
 
SCEIS implementation; exemptions; reports
 
“It is mandated by the General Assembly that the SCEIS shall be implemented for all agencies, with the exception of lump-sum agencies, the General Assembly or its respective branches or its committees, Legislative Council, and the Legislative Services Agency. The South Carolina Enterprise Information System Oversight Committee, as appointed by the Comptroller General, shall provide oversight for the implementation and continued operations of the system. The Budget and Control Board is authorized to use any available existing technology resources to assist with funding of the initial implementation of the system. It is further the intent of the General Assembly to fund the central government costs related to the implementation of the system. Agencies are required to implement SCEIS at a cost and in accordance with a schedule developed and approved by the SCEIS Oversight Committee. Full implementation must be completed within five years. An agency's implementation cost shall be borne by that agency through existing appropriations, grants, and/or the State Treasurer's Master Lease Program and shall be for the implementation of the "back office" administrative functions that are common to all agencies in the areas of purchasing, finance, human resources, payroll, and budgeting. Any issues arising with regard to project scope, implementation schedule, and associated costs shall be directed to the SCEIS Oversight Committee for resolution. In cooperation with the Comptroller General and the Budget and Control Board's Division of the State CIO, the South Carolina Enterprise Information System Oversight Committee is required to report by January thirty-first 31 of the fiscal year to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee the status of the system's implementation and on-going operations.”
 

IT Planning

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 and the Information Technology Planning section of DSIT.  IT Planning is generally responsible for developing policies and standards for information technology in state government and assisting state agencies in information technology planning efforts.
 
S.C. Code Ann. Section 26-6-10 et seq. (Uniform Electronic Transactions Act)
This Code chapter is referred to as the Uniform Electronic Transactions Act.  The Board is authorized to coordinate and facilitate common approaches for the utilization of electronic transactions in state government.
 

IT Security

S.C. Code Ann. Section 1-11-435 (Critical Information Technology Infrastructure Protection Plan)
 
This section directs DSIT 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 DSIT in the collection of data required for the plan.
 
S.C. Code Ann. Section 30-2-310
 
Pursuant to this Code Section, public bodies must sanitize information technology hardware and storage media in accordance with standards and polices adopted by DSIT prior to disposing the hardware or storage media.
 
2013-2014 Appropriations Act, Part 1B Proviso 117.125 (Technology and Remediation)
 
This proviso states:
 
“The funds appropriated to the Budget and Control Board for the Division of Information Security shall be used to develop and implement a statewide information security program.  A portion of the non-recurring funds may be used for enterprise technology and remediation, and distributed to state agencies to address the State's most serious information security vulnerabilities as determined by the Division of Information Security and the Division of State Information Technology.”