SB 83 — No High Risk Apps/Gov't Networks and Devices.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 21 SENATE BILL 83 State and Local Government Committee Substitute Adopted 2/21/23 Short Title:

No HighTikTok Riskon Apps/Gov'tGovernment Networks & Devices.

Senators Moffitt, Perry, and Hanig (Primary Sponsors).

Rules and Operations of the Senate February 9, 2023 A BILL TO BE ENTITLED AN ACT REGARDINGPROHIBITING THE USE OF HIGHTIKTOK RISK PLATFORMS ON GOVERNMENT NETWORKSDEVICES AND GOVERNMENTDURING DEVICES.PARTICIPATION IN STATE-FUNDED PROGRAMS.

SECTIONSECTION1. 1.(a) Article 84 of Chapter 143 of the General Statutes is amended by adding a new section to read:

"§Article10ofChapter143oftheGeneral 143-805.Statutesis amended byadding a new section to read:

High"§ risk143-162.10. platforms on government networks and devices.

(a)Prohibition Notwithstandingon G.S.the use of TikTok and other applications.

14-456(a) andNoemployeeoftheStateorofalocalpoliticalsubdivisionoftheStateshalldownload G.S.or use a covered application or access the website of a covered application on or using any government-issued device or information technology.

14-456.1,(b) aNo publicperson agencycontracting shallwith notthe permitState, theor usewith a local political subdivision of anythe highState, riskmay platformaccess, download, or use a covered application on equipment owned or leased by the State or by a networklocal ofpolitical thatsubdivision publicof agency.the State.

Notwithstanding(c) G.S.No person may access, download, or use a covered application on any government-issued device or during participation in any State-funded program.

14-456(d) State agencies and G.S.local political subdivisions of the State shall restrict access to the websites of covered applications on government-issued devices and information technology.

14-456.1,(e) theThe judicialfollowing branchdefinitions shallapply notin permitthis thesection: use of any high risk platform on a network of the judicial branch.

Notwithstanding(1) G.S.Covered application.

14-456– andAny G.S.of the following applications or services:

14-456.1, the legislative branch shall not permit the use of any high risk platform on a network of the legislative branch.

(b) Notwithstanding G.S.

14-456 and G.S.

14-456.1, no public agency shall permit an employee, elected official, or appointee of that public agency to install, use, or otherwise access ahigh risk platformon a deviceowned,leased, maintained, orotherwise controlledbythatpublic agency.

No public agency shall permit a student of that public agency to install, use, or otherwise access a high risk platform on a device owned, leased, maintained, or otherwise controlled by that public agency.

The judicial branch shall not permit an employee, elected official, or appointee of the judicial branch to install, use, or otherwise access a high risk platform on a device owned, leased, maintained, or otherwise controlled by the judicial branch.

The legislative branch shall not permit an employee, elected official, or appointee of the legislative branch to install, use, or otherwise access a high risk platform on a device owned, leased, maintained, or otherwise controlled by the legislative branch.

(c) Each public agency shall adopt a policy governing the use of its network and the use of high risk platforms on devices owned, leased, maintained, or otherwise controlled by that public agency.

The judicial and legislative branches shall adopt a policy governing the use of that branch's networks and the use of high risk platforms on devices owned, leased, maintained, or otherwise controlled by those branches.

(d) Subsection (b)ofthis sectionshall not applyto an official or employee thatis engaged in any of the following activities in the course of that official's or employee's official duties:

(1) Investigating or prosecuting crimes.

(2) Identifying potential security or cybersecurity threats.

(3) Protecting human life.

(4) Establishing, testing, and maintaing firewalls, protocols, and otherwise implementing this section.

(5) Participating in judicial or quasi-judicial proceedings.

*S83-v-2* General Assembly Of North Carolina Session 2023 (e) This section shall not apply to the user of an authorized account paying for use of communications services under Article 16A of Chapter 160A of the General Statutes, including those communications services exempted under G.S.

160A-340.2(b) or (c).

(f) Annually, no later than August 1 and in the format required by the Chief Information Officer, each public agency shall report information to the Chief Information Officer on the number of incidences of unauthorized uses and attempted uses of a high risk platform on that public agency's network;

whether or not those unauthorized uses were by an employee, elected official, appointee, or student of that public agency;

and whether or not anyof those unauthorized uses were on a device owned, leased, maintained, or otherwise controlled by that public agency.

Annually, no later than October 1, the Chief Information Officer shall compile and report to the Joint Legislative Oversight Committee on Information Technology the information submitted in accordance with this subsection.

(g) The following definitions apply in this section:

(1) Device.

– Any cellular phone, desktop or laptop computer, or other electronic equipment capable of connecting to a network.

(2) High riskplatform.