BILL NUMBER: SB 834	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 12, 2006
	AMENDED IN SENATE  APRIL 18, 2005

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 22, 2005

    An act to add Section 14626 to the Government Code,
relating to state government.   An act to amend Sections
12804, 13975, 14931, 14931.1, 15252, 152   75, 15277, and
19857 of, to add Chapter 5.5 (commencing with Section 11531) to Part
1 of Division 3 of Title 2 of, to repeal Sections 15276 and 15279 of,
and to repeal Article 2 (commencing with Section 11792) and Article
3 (commencing with Section 11796) of Chapter 7.5 of Division 3 of
Title 2 of, the Government Code, and to add Section 12114 of the
Public Contract Code, relating to information technology. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 834, as amended, Figueroa  Department of General Services:
information technology.      
   (1) Existing law, the Governor's Reorganization Plan No. 2 (GRP
No. 2), effective July 9, 2005, established the Department of
Technology Services in state government, under the Director of
Technology Services, within the State and Consumer Services Agency,
and the Technology Services Board, with a specified membership,
within the department. That plan authorized the department to
acquire, install, equip, maintain, and operate new or existing
business telecommunications systems and services and requires it to
coordinate all matters affecting statewide business
telecommunications policy and planning. The plan also limited the
authority of the Department of General Services to acquire, install,
equip, maintain, and operate communications systems and facilities to
public safety agencies.    
   The plan consolidated and transferred the functions of the Stephen
P. Teale Data Center, the California Health and Human Services
Agency Data Center, and the Telecommunications Division of the
Department of General Services to the department and required the
director to administer the department pursuant to a written plan of
operations developed with the advice of the board.       
   The plan also created the Department of Technology Services
Revolving Fund within the State Treasury, which is continuously
appropriated and available for encumbrance without regard to fiscal
years.    
   Existing law requires the Legislative Counsel to prepare for
introduction not later than the next Regular Session of the
Legislature occurring more than 90 days after the effective date of
GRP No. 2, a bill effecting these changes in the statutes to reflect
the changes made by the plan.       
   This bill would make the statutory codification changes made
necessary by the plan taking effect on July 9, 2005.   
   Existing 
    (2)     Existing  law sets forth the
requirements for the acquisition of information technology goods and
services by the state, and requires all contracts for the acquisition
of those goods and services to be made by or under the supervision
of the Department of General Services, with expenditures in this
regard subject to the review and approval of the Department of
Finance.  
   This bill would, on or before July 1, 2007, require the
Procurement Division of the Department of General Services to
identify information technology maintenance and support service
providers who have multiple contracts with the state and report this
information to the Legislature, including an evaluation of whether
the state should negotiate a single master services contract with
each of the identified vendors.   
   This bill would require the Governor, no later than January 1,
2008, to establish in state government the Office of Chief
Information Officer of California and to appoint someone to fill this
position, subject to Senate confirmation. It would prescribe duties
of the officer that include verifying that the Department of
Technology Services is performing in such a way as to facilitate
further data center consolidation, establishing an information
technology governing board, and establishing standards regarding
information and data collection practices of state agencies. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.    Chapter 5.5 (commencing with Section
11531) is added to Part 1 of Division 3 of Title 2 of the  
Government Code   , to read: 
       CHAPTER 5.5.  TECHNOLOGY


      Article 1.  General Provisions and Definitions

   11531.  This chapter shall be known and may be cited as the
Technology Act of 2005.
   11532.  For purposes of this chapter, the following terms shall
have the following meanings, unless the context requires otherwise:
   (a) "Board member" means a member of the Technology Services
Board.
   (b) "Department" means the Department of Technology Services
established by this chapter.
   (c) "Board" means the Technology Services Board created pursuant
to Section 11535.
   (d) "Director" means the Director of Technology Services.
   (e) "Technology" includes, but is not limited to, all electronic
technology systems and services, automated information handling,
system design and analysis, conversion of data, computer programming,
information storage and retrieval, and business telecommunications
systems and services.
   (f) "Business telecommunications systems and services" includes,
but is not limited to, wireless or wired systems for transport of
voice, video, and data communications, network systems, requisite
facilities, equipment, system controls, simulation, electronic
commerce, and all related interactions between people and machines.
Public safety communications are excluded from this definition.
   (g) "Public agencies" include, but are not limited to, all state
and local governmental agencies in the state, including cities,
counties, other political subdivisions of the state, state
departments, agencies, boards, and commissions, and departments,
agencies, boards, and commissions of other states and federal
agencies.

      Article 2.  Department of Technology Services

   11534.  (a) There is in state government, in the State and
Consumer Services Agency, the Department of Technology Services.
   (b) The purpose of this article is to establish a general purpose
technology services provider to serve the common technology needs of
executive branch entities with accountability to customers for
providing secure services that are responsive to client needs at a
cost representing best value to the state.
   (c) The purpose of this chapter is to improve and coordinate the
use of technology and to coordinate and cooperate with all public
agencies in the state in order to eliminate duplications and to bring
about economies that could not otherwise be obtained.
   11535.  (a) There is, in the department, the Technology Services
Board.
   (b) The board shall consist of 13 members, as follows:
   (1) The Governor's designee, who shall serve as the chair of the
board.
   (2) The Director of Finance, who shall serve as vice chair of the
board.
   (3) The Controller.
   (4) The Secretaries of Food and Agriculture, the Business,
Transportation and Housing Agency, the Environmental Protection
Agency, the California Health and Human Services Agency, the Labor
and Workforce Development Agency, the Resources Agency, the State and
Consumer Services Agency, the Department of Veterans Affairs, and
the Youth and Adult Correctional Agency.
   (5) The Director of the Office of Emergency Services.
   11536.  The board shall meet not less than once each quarter. A
quorum shall consist of seven members of the board. All decisions of
the board shall be made by a majority vote of a quorum of the board.

   11537.  (a) The board shall engage an independent firm of
certified public accountants to conduct an annual financial audit of
all accounts and transactions of the department. The audit shall be
conducted in accordance with Generally Accepted Government Auditing
Standards. The audited financial statements shall be presented to the
board, the Governor, and the Legislature not more than 120 days
after the close of the fiscal year.
   (b) The board may arrange for other audits as are necessary or
prudent to ensure proper oversight and management of the department.

   11538.  The director shall be appointed by, and serve at the
pleasure of, the Governor, subject to Senate confirmation. The
director shall act as executive officer of the board.
   11539.  The director shall be responsible for managing the affairs
of the department and shall perform all duties, exercise all powers
and jurisdiction, and assume and discharge all responsibilities
necessary to carry out the purposes of this chapter. The director
shall employ professional, clerical, technical, and administrative
personnel as necessary to carry out this chapter.
   11540.  (a) The director shall administer the department pursuant
to a written plan of operations developed with advice from the board.
The plan of operations shall establish in detail the policies,
procedures, and organization of the department, including, but not
limited to, financial and administrative operations, performance
measurements, methods of collection, procedures consistent with
constitutional, statutory, and common law requirements for dispute
resolution, and procedures by which the department enters into all
agreements and contracts, including, but not limited to, purchases,
sales, leases, licenses, memorandums of understanding, and
interagency agreements. The plan shall be limited to procedures and
processes necessary to accomplish and carry out the consolidation and
transfer prescribed in Section 11542 and the ongoing operation of
that consolidated system.
   (b) The director shall propose for board consideration and
approval an annual budget for departmental operations.  As part of
the annual budget development, the department shall determine the
impact of any rebates, abatements, or rate reductions resulting from
excess reserve funds. At least 60 days before submitting the proposed
budget to the board, the director shall submit the proposed budget
to the Department of Finance. Submittal of the budget to the
Department of Finance shall be in a format and timeframe determined
by the Department of Finance. The Department of Finance shall prepare
a report to the board evaluating the reasonableness of the proposed
budget and any significant impact the department's budget is likely
to have upon the budgets of other departments.
   (c) The director shall propose for board consideration rates for
department services based on a formal rate methodology approved by
the board. At least 60 days before submitting proposed rates to the
board, the director shall submit the proposed rates to the Department
of Finance. Submittal of the rates to the Department of Finance
shall be in a format and timeframe determined by the Department of
Finance. The Department of Finance shall prepare a report to the
board evaluating the reasonableness of the proposed rates and any
significant impact the department's rates are likely to have upon the
budgets of other departments.
   11541.  (a) The department may acquire, install, equip, maintain,
and operate new or existing business telecommunications systems and
services. To accomplish that purpose, it may enter into contracts,
obtain licenses, acquire property, install necessary equipment and
facilities, and do other acts that will provide adequate and
efficient business telecommunications systems and services. Any
system established shall be made available to all public agencies in
the state on terms that may be agreed upon by the agency and the
department.
   (b) With respect to business telecommunications systems and
services, the department may do all of the following:
   (1) Provide representation of public agencies before the Federal
Communications Commission in matters affecting the state and other
public agencies regarding business telecommunications systems and
services issues.
   (2) Provide, upon request, advice to public agencies concerning
existing or proposed business telecommunications systems and services
between any and all public agencies.
   (3) Recommend to public agencies rules, regulations, procedures,
and methods of operation that it deems necessary to effectuate the
most efficient and economical use of business telecommunications
systems and services within the state.
   (4) Carry out the policies of this chapter.
   (c) The department has responsibilities with respect to business
telecommunications systems, services, policy, and planning, which
include, but are not limited to, all of the following:
   (1) Assessing the overall long-range business telecommunications
needs and requirements of the state considering both routine and
emergency operations for business telecommunications systems and
services, performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
   (2) Developing strategic and tactical policies and plans for
business telecommunications with consideration for the systems and
requirements of public agencies.
   (3) Recommending industry standards, service level agreements, and
solutions regarding business telecommunications systems and services
to assure multiuser availability and compatibility.
   (4) Providing advice and assistance in the selection of business
telecommunications equipment to ensure all of the following:
   (A) Ensuring that the business telecommunications needs of state
agencies are met.
   (B) Ensuring that procurement is compatible throughout state
agencies and is consistent with the state's strategic and tactical
plans for telecommunications.
   (C) Ensuring that procurement is designed to leverage the buying
power of the state and encourage economies of scale.
   (5) Providing management oversight of statewide business
telecommunications systems and services developments.
   (6) Providing for coordination of, and comment on, plans and
policies and operational requirements from departments that utilize
business telecommunications systems and services as determined by the
department.
   (7) Monitoring and participating, on behalf of the state, in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state governmental business telecommunications activities.
   (d) The department shall develop and describe statewide policy on
the use of business telecommunications systems and services by state
agencies. In the development of that policy, the department shall
assure that access to state business information and services is
improved, and that the policy is cost-effective for the state and its
residents.  The department shall develop guidelines that do all of
the following:
   (1) Describe what types of state business information and services
may be accessed using business telecommunications systems and
services.
   (2) Characterize the conditions under which a state agency may
utilize business telecommunications systems and services.
   (3) Characterize the conditions under which a state agency may
charge for information and services.
   (4) Specify pricing policies.
   (5) Provide other guidance as may be appropriate at the discretion
of the department.
   11542.  (a) The Stephen P. Teale Data Center and the California
Health and Human Services Agency Data Center are consolidated within,
and their functions are transferred to, the department.
   (b) The business telecommunications systems and services functions
of the Telecommunications Division of the Department of General
Services are transferred to the department.
   (c) Except as expressly provided otherwise in this chapter, the
department is the successor to, and is vested with, all of the
duties, powers, purposes, responsibilities, and jurisdiction of the
Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, and the business telecommunications
systems and services functions of the Telecommunications Division of
the Department of General Services. Any reference in statutes,
regulations, or contracts to those entities with respect to the
transferred functions shall be construed to refer to the Department
of Technology Services unless the context clearly requires otherwise.

   (d) No contract, lease, license, or any other agreement to which
the Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, or the Telecommunications Division of
the Department of General Services, with respect to the business
telecommunications systems and services functions, is a party, shall
be void or voidable by reason of this chapter, but shall continue in
full force and effect, with the department assuming all of the
rights, obligations, and duties of the Stephen P. Teale Data Center,
the California Health and Human Services Agency Data Center, or the
Telecommunications Division of the Department of General Services,
respectively.
   (e) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date of
this chapter, the balance of any funds available for expenditure by
the Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, and the Telecommunications Division of
the Department of General Services, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the department by this chapter, shall be
transferred to the Department of Technology Services Revolving Fund
created by Section 11544, and shall be made available for the support
and maintenance of the department.
   (f) All references in statutes, regulations, or contracts to the
former Stephen P. Teale Data Center Fund or the California Health and
Human Services Data Center Revolving Fund shall be construed to
refer to the Department of Technology Services Revolving Fund unless
the context clearly requires otherwise.
   (g) All books, documents, records, and property of the Stephen P.
Teale Data Center, the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, and the
Telecommunications Division of the Department of General Services,
with respect to business telecommunications systems and services
functions, shall be transferred to the department.
   (h) (1) All officers and employees of the former Stephen P. Teale
Data Center, the California Health and Human Services Agency Data
Center, and the Telecommunications Division of the Department of
General Services, with respect to business telecommunications systems
and services functions, are transferred to the department.
   (2) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, and the Telecommunications Division of
the Department of General Services, with respect to business
telecommunications systems and services functions, shall not be
affected by the transfer and consolidation of their functions to the
department.
   11543.  (a) The director shall confer as frequently as necessary
or desirable, but not less than once every quarter, with the board,
on the operation and administration of the department. The director
shall make available for inspection by the board or any board member,
upon request, all books, records, files, and other information and
documents of the department and recommend any matters as he or she
deems necessary and advisable to improve the operation and
administration of the department.
   (b) The director shall make and keep books and records to permit
preparation of financial statements in conformity with generally
accepted accounting principles and any state policy requirements.

      Article 3.  Department of Technology Services Revolving Fund

   11544.  (a) The Department of Technology Services Revolving Fund,
hereafter known as the fund, is hereby created within the State
Treasury. Notwithstanding Section 13340, the fund is continuously
appropriated and available for encumbrance without regard to fiscal
years for the purposes of this chapter. The fund shall be
administered by the director, pursuant to the department's plan of
operations, to receive all revenues from the sale of technology or
technology services provided for in this chapter and all other moneys
properly credited to the board and department from any other source,
to pay all costs arising from this chapter, including, but not
limited to, operating and other expenses of the board and department
and costs associated with approved information technology projects,
and to establish reserves. At the discretion of the director,
segregated, dedicated accounts within the fund may be established.
   (b) The fund shall consist of all of the following:
   (1) Moneys appropriated and made available by the Legislature for
the purpose of this chapter.
   (2) Any other moneys that may be made available to the department
for the purpose of this chapter from any other source, including the
return from investments of moneys by the Treasurer.
   (c) The department may collect payments from public agencies for
providing services to those agencies that the agencies have
contracted with the department to provide. The department may require
monthly payments by client agencies for the services the agencies
have contracted the department to provide. Pursuant to Section 11255,
the Controller shall transfer any amounts so authorized by the
department, consistent with the annual budget of each department, to
the fund. The department shall notify each affected state agency upon
requesting the Controller to make the transfer.
   (d) If the balance remaining in the fund at the end of any fiscal
year exceeds 25 percent of the department's current fiscal year
budget, the excess amount shall be used to reduce the billing rates
for services rendered during the following fiscal year. 
   SEC. 2.  Article 2 (commencing with Section 11792) of Chapter
7.5 of Division 3 of Title 2 of the Government Code is repealed.
  SEC. 3.  Article 3 (commencing with Section 11796) of Chapter 7.5
of Division 3 of Title 2 of the Government Code is repealed.
  SEC. 4.  Section 12804 of the Government Code is amended to read:

   12804.  The Agriculture and Services Agency is hereby renamed the
State and Consumer Services Agency.
   The State and Consumer Services Agency consists of the following:
the Department of General Services;  the Department of Technology
Services;  the Department of Consumer Affairs; the Franchise
Tax Board; the Public Employees' Retirement System; the State
Teachers' Retirement System; the Department of Fair Employment and
Housing; the Fair Employment and Housing Commission; the California
Science Center; the California Victim Compensation and Government
Claims Board; the California African-American Museum; and the State
Building and Standards Commission.
   SEC. 5.  Section 13975 of the Government Code is amended to
read: 
   13975.  The Business and Transportation Agency in state government
is hereby renamed the Business, Transportation and Housing Agency.
The agency consists of the  State  Department of Alcoholic
Beverage Control, the Department of the California Highway Patrol,
the Department of Corporations, the Department of Housing and
Community Development, the Department of Motor Vehicles, the
Department of Real Estate, the Department of Transportation, the
Department of Financial Institutions, the Department of Managed
Health Care  , the Stephen P.  Teale Consolidated Data Center
 ; and the California Housing Finance Agency is also
located within the Business, Transportation and Housing Agency, as
specified in Division 31 (commencing with Section 50000) of the
Health and Safety Code.
   SEC. 6.  Section 14931 of the Government Code is amended to
read: 
   14931.  The department may acquire, install, equip, maintain, and
operate new or existing  public safety  communications
systems and facilities  for public safety agencies  . To
accomplish that purpose, it may, in the name of the state, enter into
contracts, obtain licenses, acquire property, install necessary
equipment and facilities, and do  such  other acts
 as   that  will provide adequate and
efficient  public safety  communications systems. Any system
established shall be available to all public agencies in the state
on  such  terms  as   that
 may be agreed upon by the agency and the department.
   SEC. 7.  Section 14931.1 of the Government Code is amended to
read: 
   14931.1.  The department shall acquire, install, equip, maintain,
and operate all new or replacement  microwave  
public safety  communications systems operated by the state,
excepting microwave equipment used exclusively for traffic signal and
signing control, traffic metering, and roadway surveillance systems.
To accomplish that purpose, it may, in the name of the state, enter
into contracts, obtain licenses, acquire property, install necessary
equipment and facilities, and do  such  other acts
 as   that  will provide adequate and
efficient microwave communications systems. Any system established
shall be available to all public agencies in the state on 
such  terms as   that  may be
agreed upon by the public agency and the department.
   SEC. 8.    Section 15252 of the   Government
Code   is amended to read: 
   15252.  The purpose of this part is to improve and coordinate the
use of public safety  radio and other  public safety
 communications facilities owned and operated by the state, and
to coordinate and cooperate with cities, counties, and other
political subdivisions thereof, in order to eliminate duplications
and interferences, to bring about economies  which 
 that  could not otherwise be obtained.
   SEC. 9.    Section 15275 of the   Government
Code  is amended to read: 
   15275.  The Department of General Services may  do all of the
following  :
   (a) Provide adequate representation of local and state
governmental bodies and agencies before the Federal Communications
Commission in matters affecting the state and its cities, counties,
and other public agencies  regarding public safety communications
issues  .
   (b) Provide, upon request, adequate advice to state and local
agencies in the state concerning existing or proposed  public
safety  communications facilities between any and all of the
following: cities, counties, other political subdivisions of the
state, state departments, agencies, boards, and commissions, and
departments, agencies, boards, and commissions of other states and
federal agencies.
   (c) Recommend to the appropriate state and local agencies 
such  rules, regulations, procedures, and methods of
operation  as   that  it deems necessary to
effectuate the most efficient and economical use of publicly owned
and operated  public safety  communications facilities
within this state.
   (d) Provide, upon request, information and data concerning the
 public safety  communications facilities  which
  that  are owned and operated by public agencies
in connection with official business of public safety services.
   (e) Carry out the policy of this part.
   SEC. 10.    Section 15276 of the  
Government Code  is repealed.  
   15276.  (a) The department shall coordinate experimental studies
on the use of telecommunications and information systems for
telecommuting and teleworking.
   (b) The department, in conducting these studies shall consider,
among other issues, all of the following issues of concern:
   (1) The impact of telecommuting and teleworking on the effective
delivery of existing state services.
   (2) New state services which telecommuting and teleworking may
make possible.
   (3) The consequences of telecommuting and teleworking for managers
and employees of state agencies, including the quality of worklife
within state agencies.
                                                    (4) The
opportunities created by telecommuting and teleworking for the
employment of, and the enhancement of working life for, persons with
disabilities.
   (5) The enhancements to telecommunications and information systems
now or soon to be available which may facilitate the conduct of
telecommuting and teleworking. 
   SEC. 11.    Section 15277 of the  
Government Code   is amended to read: 
   15277.  There is hereby established within the department a
Division of Telecommunications. The division shall include a policy
and planning unit whose duties shall include, but not be limited to,
all of the following:
   (a) Assessing the overall long-range  telecommunications
  public safety communications  needs and
requirements of the state considering  both routine and
 emergency operations, performance, cost, state-of-the-art
technology, multiuser availability, security, reliability, and
 such  other factors deemed to be important to state
needs and requirements.
   (b) Developing strategic and tactical policies and plans for
 telecommunications   public safety
communications  with consideration for the systems and
requirements of  the  state  and all public 
agencies  , counties, and other local jurisdictions;
  in this state,  and preparing an annual strategic
 telecommunications   communications  plan
 which   that  includes the feasibility of
interfaces with federal and other state telecommunications networks
and services.
   (c) Recommending industry standards for 
telecommunications   public safety communications 
systems to assure multiuser availability and compatibility.
   (d) Providing advice and assistance in the selection of 
telecommunications   communications  equipment to
ensure that the  telecommunications   public
safety communications  needs of state agencies are met and that
procurements are compatible throughout state agencies and are
consistent with the state's strategic and tactical plans for 
telecommunications   public safety communications 
.
   (e) Providing management oversight of statewide 
telecommunications   public safety communications 
systems developments.
   (f) Providing for coordination of, and comment on, plans 
and   ,  policies  ,  and operational
requirements from departments  which   that
 utilize  telecommunications   public
safety communications  in support of their principal function,
such as the Office of Emergency Services, National Guard, health and
safety agencies, and others with primary  telecommunications
  public safety communications  programs.
   (g) Monitoring and participating on behalf of the state in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations  which
  that  have an impact on state government 
telecommunications   public safety communications 
activities.
   (h) Developing plans  and policy  regarding
teleconferencing as an alternative to state travel  and
regarding   during  emergency 
communications   situations  .
   SEC. 12.    Section 15279 of the  
Government Code   is repealed.  
   15279.  The Division of Telecommunications shall, in its next
annual report to the Legislature, develop and describe state policy
on the use of voice telecommunications services for the delivery of
information and services by state agencies.
   That policy shall develop guidelines that:
   (a) Describe what types of state information and services may be
accessed using voice telecommunications services.
   (b) Characterize the conditions under which a state agency may
utilize voice telecommunications services to deliver state
information and services.
   (c) Characterize the conditions under which a state agency may
charge for that information and services.
   (d) Specify pricing policies.
   (e) Provide other guidance as appropriate.
   In the development of the state policy, the department shall
assure that access to state information and services is improved, and
that the policy is cost-effective for the state and its citizens.

   SEC. 13.    Section 19857 of the  
Government Code   is amended to read: 
   19857.  (a) The appointing power of any officer or employee not a
member of the civil service may promulgate regulations governing
vacations for these officers or employees. In the absence of these
regulations, the rules of the department relating to the regulation
and methods of accumulation of vacation for civil service employees
shall govern.
   (b) Notwithstanding subdivision (a), no paid leave including, but
not limited to, vacation, annual leave, and sick leave shall be
accrued by state officers in the following positions:
   (1) Executive Director of the California Housing Finance Agency.
   (2) Director of the Office of Administrative Law.
   (3) Director of Emergency Medical Services Authority.  
   (4) Director of the Stephen P. Teale Data Center.

   (5) 
    (4)  Executive Director of the Office of Criminal
Justice Planning.  
   (6) 
    (5)  Director of the California Conservation Corps.

   (7) 
    (6)  Director of the Arts Council.
   The department may adopt regulations for the application of this
provision to similar positions established in the future.
   SEC. 14.    Section 12114 is added to the  
Public Contract Code   , to read:  
   12114.  (a) The Governor, no later than January 1, 2008, shall do
both of the following:
   (1) Establish in state government, in an appropriate
organizational location, the Office of Chief Information Officer of
California.
   (2) Appoint a Chief Information Officer of California subject to
confirmation by the Senate pursuant to Section 1322 of the Government
Code.
   (b) The Chief Information Officer's duties shall include, but not
be limited to, all of the following:
   (1) Verifying that the Department of Technology Services is
performing in such a way as to facilitate further data center
consolidation.
   (2) Establishing an information technology governing board. At a
minimum, the board shall have the power to set information technology
policy, approve information technology spending, and establish
standards for determining how well or poorly state agencies are using
information technology to improve their performance.
   (3) Establishing standards regarding the information and data
collection practices of state agencies to ensure that decisionmakers
in those agencies are held accountable for the performance of the
agency, make informed decisions based upon reliable, contemporary
data, and have at their disposal data and information revealing how
the agency is performing, as measured against the public policies
that led to the creation of the programs it administers.
   (4) Exercising enterprisewide leadership and authority over the
procurement and use of information technology.  
  SECTION 1.    Section 14626 is added to the
Government Code, to read:
   14626.  On or before July 1, 2007, the Procurement Division of the
Department of General Services, in order to promote government
efficiency, shall identify information technology maintenance and
support service providers who have multiple contracts with the state
and report this information to the Legislature, including an
evaluation of whether the state should negotiate a single master
services contract with each of the identified vendors.