BILL NUMBER: AB 1559 CHAPTERED 05/20/02 CHAPTER 45 FILED WITH SECRETARY OF STATE MAY 20, 2002 APPROVED BY GOVERNOR MAY 19, 2002 PASSED THE ASSEMBLY MAY 6, 2002 PASSED THE SENATE MAY 2, 2002 AMENDED IN SENATE APRIL 25, 2002 AMENDED IN SENATE APRIL 18, 2002 AMENDED IN SENATE APRIL 10, 2002 AMENDED IN SENATE FEBRUARY 5, 2002 AMENDED IN SENATE JUNE 20, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY APRIL 17, 2001 INTRODUCED BY Assembly Members Diaz, Dutra, and Reyes (Coauthor: Assembly Member Cohn) FEBRUARY 23, 2001 An act to add Chapter 7.5 (commencing with Section 11790) to, and to repeal Article 7 (commencing with Section 11751) of Chapter 7 of, Part 1 of Division 3 of Title 2 of the Government Code, relating to information technology, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1559, Diaz. State data centers. (1) Existing law establishes the Hawkins Data Center within the Department of Justice, the Stephen P. Teale Data Center, which is funded by the continuously appropriated Stephen P. Teale Data Center Revolving Fund, within the Business, Transportation and Housing Agency, and the California Health and Human Services Agency Data Center, which is funded from the continuously appropriated California Health and Human Services Data Center Revolving Fund, within the California Health and Human Services Agency. The data centers are under the supervision of data center directors appointed by the respective appointing authority in consultation with the Director of Information Technology, and are subject to consolidation with other information technology centers if the Director of Information Technology deems it in the best interest of the state. These provisions become inoperative on July 1, 2002, and are repealed as of January 1, 2003. This bill would revise and recast these provisions by, among other things, deleting the provisions requiring consultation with the Director of Information Technology in the appointment of the data centers' directors, and the provisions specifying that the data centers are subject to consolidation with other information technology centers. It would also indefinitely extend the duration of these provisions. By making the existence of continuously appropriated funds permanent, this bill would make an appropriation. (2) This bill would declare that it is to take effect immediately as an urgency statute. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 7 (commencing with Section 11751) of Chapter 7 of Part 1 of Division 3 of Title 2 of the Government Code is repealed. SEC. 2. Chapter 7.5 (commencing with Section 11790) is added to Part 1 of Division 3 of Title 2 of the Government Code, to read: CHAPTER 7.5. STATE DATA CENTERS Article 1. Hawkins Data Center 11790. (a) There is in the Department of Justice the Hawkins Data Center. (b) The data center shall be under the supervision of a data center director who shall be appointed by the Attorney General pursuant to civil service. The data center director shall be responsible for the efficient and effective management and operation of the data center. Article 2. Stephen P. Teale Data Center 11792. (a) There is in the Business, Transportation and Housing Agency the Stephen P. Teale Data Center. (b) (1) The data center shall be under the supervision of a data center director who shall be appointed by the Governor, subject to confirmation by the Senate, and serve at the pleasure of the Governor. (2) The data center director shall receive a salary approved by the Department of Personnel Administration. (3) The data center director shall be responsible for the efficient and effective management and operation of the data center. The data center director shall continue to communicate regularly with the Director of Information Technology regarding future needs of the center and the likely impact of emerging technologies. 11793. (a) There is in the State Treasury, the Stephen P. Teale Data Center Revolving Fund, which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years for the purposes of this article for the payment of expenses incurred by the Stephen P. Teale Data Center. (b) Moneys available in the fund, not to exceed a total of 1 percent of the data center's current fiscal year budget, may be allocated by the director of the data center to projects that demonstrate or develop advanced information technologies as solutions to information processing problems. The expenditures for these allocations shall be provided for out of the unencumbered surplus of the fund. No expenditure may be made pursuant to this subdivision during any fiscal year in which there is no unencumbered surplus in the fund. (c) The fund shall consist of all of the following: (1) All moneys appropriated to the fund in accordance with law. (2) All moneys received into the State Treasury from any source in payment of electronic data-processing services rendered by the data center or for other services rendered by the data center. (3) All moneys from outstanding balances of prior fiscal years that have not reverted to the General Fund. (4) The balance remaining in the fund at the end of any fiscal year whether the moneys received are from an appropriation or from payments for services rendered. (d) If the balance remaining in the fund at the end of any fiscal year exceeds 25 percent of the data center's current fiscal year budget, the billing rates for services rendered shall be adjusted downward for the following fiscal year. (e) If the data center is consolidated with other state information technology centers, the fund shall cease to exist and any remaining moneys in the fund shall be distributed in accordance with Section 16304.9. 11794. (a) The Stephen P. Teale Data Center may establish rates and collect payments from state agencies for providing services to those agencies. The methodology for computing costs and billing rates shall be subject to the approval of the Director of Finance. (b) (1) All money received by the data center pursuant to this section shall be deposited in the Stephen P. Teale Data Center Revolving Fund. (2) In order to ensure that there is adequate cash in the fund, the data center may require monthly payments in advance by client agencies, based on estimated billings. By mutual agreement between the data center and the applicable state agency, a state agency may make monthly, quarterly, or annual payments in advance or arrears. (c) Consistent with subdivision (b), and pursuant to Section 11255, the Controller shall transfer any amounts so authorized by the data center. The data center shall notify each affected state agency upon requesting the Controller to make the transfer. Article 3. California Health and Human Services Agency Data Center 11796. (a) There is in the California Health and Human Services Agency the California Health and Human Services Agency Data Center. (b) The data center shall be under the supervision of a data center director who shall be appointed by the Secretary of the California Health and Human Services Agency pursuant to civil service. The data center director shall be responsible for the efficient and effective management and operation of the data center. (c) (1) The Legislature finds and declares that the name of the Health and Welfare Agency Data Center was changed to the California Health and Human Services Agency Data Center by Chapter 873 of the Statutes of 1999, effective January 1, 2000. The Legislature further finds and declares that this change of name was and is not intended to alter or modify any power, right, obligation, or duty of the data center that is found in statute, regulation, or contract. (2) Any reference in statute, regulation, or contract to the Health and Welfare Agency Data Center shall be deemed to refer to the California Health and Human Services Agency Data Center. 11797. (a) There is in the State Treasury, the California Health and Human Services Agency Data Center Revolving Fund, which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years for the purposes of this article for the payment of expenses incurred by the data center. (b) Moneys available in the fund, not to exceed a total of 1 percent of the data center's current fiscal year budget, may be allocated by the director of the data center to projects that demonstrate or develop advanced information technologies as solutions to information processing problems. The expenditures for these allocations shall be provided for out of the unencumbered surplus of the fund. No expenditure may be made pursuant to this subdivision during any fiscal year in which there is no unencumbered surplus in the fund. (c) The fund shall consist of all of the following: (1) All moneys appropriated to the fund in accordance with law. (2) All moneys received into the State Treasury from any source in payment of electronic data-processing services rendered by the data center or for other services rendered by the data center. (3) All moneys from outstanding balances of prior fiscal years that have not reverted to the General Fund. (4) The balance remaining in the fund at the end of any fiscal year whether the moneys received are from an appropriation or from payments for services rendered. (d) If the balance remaining in the fund at the end of any fiscal year exceeds 25 percent of the data center's current fiscal year budget, the excess amount shall be used to reduce the billing rates for services rendered during the following fiscal year. (e) If the data center is consolidated with other state information technology centers, the fund shall cease to exist and any remaining moneys in the fund shall be distributed in accordance with Section 16304.9. (f) Any reference to the prior Health and Welfare Data Center Revolving Fund shall be deemed to refer to the California Health and Human Services Agency Data Center Revolving Fund. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that the efficient operation of state data centers as specified in this act may be provided for at the earliest possible time, it is necessary that this act take effect immediately.