§ 66-58.12. Agencies may provide access to services through electronic and digital transactions; fees authorized. - North Carolina Statutes

§ 66‑58.12.  Agenciesmay provide access to services through electronic and digital transactions;fees authorized.

(a)        Public agencies areencouraged to maximize citizen and business access to their services throughthe use of electronic and digital transactions. A public agency may determine,through program and transaction analysis, which of its services may be madeavailable to the public through electronic means, including the Internet. Theagency shall identify any inhibitors to electronic transactions between theagency and the public, including legal, policy, financial, or privacy concernsand specific inhibitors unique to the agency or type of transaction. An agencyshall not provide a transaction through the Internet that is impractical,unreasonable, or not permitted by laws pertaining to privacy or security.

(b)        An agency maycharge a fee to cover its costs of permitting a person to complete atransaction through the World Wide Web or other means of electronic access. Thefee may be applied on a per transaction basis and may be calculated either as aflat fee or a percentage fee, as determined under an agreement between a personand a public agency. The fee may be collected by the agency or by its thirdparty agent.

(c)        The fee imposedunder subsection (b) of this section must be approved by the Office of StateBudget and Management, in consultation with the State Chief Information Officerand the Joint Legislative Commission on Governmental Operations. The revenuederived from the fee must be credited to a nonreverting agency reserve account.The funds in the account may be expended only for e‑commerce initiativesand projects approved by the State Chief Information Officer, in consultationwith the Joint Legislative Oversight Committee on Information Technology. Forpurposes of this subsection, the term "public agencies" does notinclude a county, unit, special district, or other political subdivision ofgovernment.

(d)        This section doesnot apply to the Judicial Department. (2000‑109, s. 8; 2004‑129, s. 27; 2005‑92,s. 1.)