(1) Except as provided by subsection (2) of this section, state agencies shall locate all existing and new information or telecommunications investments in the state data center or within third-party, commercial cloud computing services.
(2) State agencies with a service requirement that precludes them from complying with subsection (1) of this section must receive a waiver from the agency. Waivers must be based upon written justification from the requesting state agency citing specific service or performance requirements for locating servers outside the state's common platform.
(3) The legislature and the judiciary, which are constitutionally recognized as separate branches of government, may enter into an interagency agreement with the agency to migrate its servers into the state data center or third-party, commercial cloud computing services.
(4) This section does not apply to institutions of higher education.