BILL NUMBER: AB 2408 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Smyth
FEBRUARY 19, 2010
An act to amend Sections 8592.1, 8592.5, 8592.7, 11532, 11534,
11535, 11537, 11539, 11540, 11541, 11541.5, 11542, 11543, 11544,
11546.5, 11549, 11549.1, 11549.3, 11549.5, 12804, 14995, 15251,
15253, 15254, 15275, 15277, 53108.5, 53113, 53114, 53114.1, 53114.2,
53115, 53115.1, 53115.2, 53115.3, 53116, 53119, 53120, 53126.5, and
53127 of, to amend the headings of Article 2 (commencing with Section
11534) and Article 3 (commencing with Section 11544) of Chapter 5.5
of Part 1 of Division 3 of Title 2 of, to amend the heading of
Chapter 5.7 (commencing with Section 11549) of Part 1 of Division 3
of Title 2 of, to amend and renumber Section 11549.6 of, to add
Sections 11549.7 and 11549.8 to, to add the headings of Article 1
(commencing with Section 11549) and Article 2 (commencing with
Section 11549.5) to Chapter 5.7 of Part 1 of Division 3 of Title 2
of, and to repeal Sections 11548.5 and 11549.2 of, the Government
Code, to amend Sections 12100.7, 12101, 12103, 12104, 12105, 12120,
and 12121 of the Public Contract Code, to amend Sections 41030,
41031, 41032, 41136.1, 41137, 41137.1, 41138, 41139, 41140, 41141,
and 41142 of the Revenue and Taxation Code, and to amend Section
16501.7 of the Welfare and Institutions Code, relating to state
government information technology.
LEGISLATIVE COUNSEL'S DIGEST
AB 2408, as introduced, Smyth. State government information
technology.
(1) Existing law, the Governor's Reorganization Plan No. 1 of
2009, transferred all the duties, functions, employees, property, and
related funding of the Division of Telecommunications in the
Department of General Services to the office of the State Chief
Information Officer. The plan also renamed and transferred the
Department of Technology Services in the State and Consumer Services
Agency to the Office of the Department of Technology Services within
the office of the State Chief Information Officer, renamed the
Department of Technology Services Revolving Fund the Technology
Services Revolving Fund, and made conforming changes. The plan
eliminated the Office of Information Security and Privacy Protection,
and instead created the Office of Information Security within the
office of the State Chief Information Officer, and the Office of
Privacy Protection within the State and Consumer Services Agency,
with a division of the duties, personnel, property, and funding of
the Office of Information Security and Privacy Protection between the
2 offices. The plan also transferred duties relating to the state's
procurement of information technology from the Department of Finance,
the Department of General Services, and the Department of
Information Technology to the office of the State Chief Information
Officer.
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. 1, 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.
(2) Existing law, until January 1, 2013, creates the office of the
State Chief Information Officer, within the Governor's cabinet, with
a State Chief Information Officer having specified duties in
creating and managing the technology policy of the state.
This bill would delete the provision repealing the provisions
establishing the office of the State Chief Information Officer, thus
allowing those provisions to continue in effect indefinitely.
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. Section 8592.1 of the Government Code is amended to
read:
8592.1. For purposes of this article, the following terms have
the following meanings:
(a) "Backward compatibility" means that the equipment is able to
function with older, existing equipment.
(b) "Committee" means the Public Safety Radio Strategic Planning
Committee, which that was established
in December 1994 in recognition of the need to improve existing
public radio systems and to develop interoperability among public
safety departments and between state public safety departments and
local or federal entities, and which that
consists of representatives of the following state entities:
(1) The Office of Emergency Services
California Emergency Management Agency , who shall serve as
chairperson.
(2) The Department of the California Highway Patrol.
(3) The Department of Transportation.
(4) The Department of Corrections and Rehabilitation.
(5) The Department of Parks and Recreation.
(6) The Department of Fish and Game.
(7) The Department of Forestry and Fire Protection.
(8) The Department of Justice.
(9) The Department of Water Resources.
(10) The State Department of Public Health.
(11) The Emergency Medical Services Authority.
(12) The Department of General Services
office of the State Chief Information Officer .
(13) The Office of Homeland Security.
(14)
(13) The Military Department.
(15)
(14) The Department of Finance.
(c) "First response agencies" means public agencies that, in the
early states stages of an incident, are
responsible for, among other things, the protection and preservation
of life, property, evidence, and the environment, including, but not
limited to, state fire agencies, state and local emergency medical
services agencies, local sheriffs' departments, municipal police
departments, county and city fire departments, and police and fire
protection districts.
(d) "Nonproprietary equipment or systems" means equipment or
systems that are able to function with another manufacturer's
equipment or system regardless of type or design.
(e) "Open architecture" means a system that can accommodate
equipment from various vendors because it is not a proprietary
system.
(f) "Public safety radio subscriber" means the ultimate end user.
Subscribers include individuals or organizations, including, for
example, local police departments, fire departments, and other
operators of a public safety radio system. Typical subscriber
equipment includes end instruments, including mobile radios,
hand-held radios, mobile repeaters, fixed repeaters, transmitters, or
receivers that are interconnected to utilize assigned public safety
communications frequencies.
(g) "Public safety spectrum" means the spectrum allocated by the
Federal Communications Commission for operation of interoperable and
general use radio communication systems for public safety purposes
within the state.
SEC. 2. Section 8592.5 of the Government Code is amended to read:
8592.5. (a) Except as provided in subdivision (c), a state
department that purchases public safety radio communication equipment
shall ensure that the equipment purchased complies with applicable
provisions of the following:
(1) The common system standards for digital public safety radio
communications commonly referred to as the "Project 25 Standard," as
that standard may be amended, revised, or added to in the future
jointly by the Associated Public-Safety Communications
Officials Associated Public-Safety Communications
Officials , Inc., National Association of State
Telecommunications Directors , and agencies of the federal
government, commonly referred to as "APCO/NASTD/FED."
(2) The operational and functional requirements delineated in the
Statement of Requirements for Public Safety Wireless Communications
and Interoperability developed by the SAFECOM Program under the
United States Department of Homeland Security.
(b) Except as provided in subdivision (c), a local first response
agency that purchases public safety radio communication equipment, in
whole or in part, with state funds or federal funds administered by
the state, shall ensure that the equipment purchased complies with
paragraphs (1) and (2) of subdivision (a).
(c) Subdivision (a) or (b) shall not apply to either of the
following:
(1) Purchases of equipment to operate with existing state or local
communications systems where the latest applicable standard will not
be compatible, as verified by the Telecommunications
Division of the Department of General Services office
of the State Chief Information Officer .
(2) Purchases of equipment for existing statewide low-band public
safety communications systems.
(d) This section may not be construed to require an affected state
or local governmental agency to compromise its immediate mission or
ability to function and carry out its existing responsibilities.
SEC. 3. Section 8592.7 of the Government Code is amended to read:
8592.7. (a) A budget proposal submitted by a state agency for
support of a new or modified radio system shall be accompanied by a
technical project plan that includes all of the following:
(1) The scope of the project.
(2) Alternatives considered.
(3) Justification for the proposed solution.
(4) A project implementation plan.
(5) A proposed timeline.
(6) Estimated costs by fiscal year.
(b) The committee shall review the plans submitted pursuant to
subdivision (a) for consistency with the statewide integrated public
safety communication strategic plan included in the annual report
required pursuant to Section 8592.6.
(c) The Telecommunications Division of the Department of
General Services office of the State Chief Information
Officer shall review the plans submitted pursuant to
subdivision (a) for consistency with the technical requirements of
the statewide integrated public safety communication strategic plan
included in the annual report required pursuant to Section 8592.6.
SEC. 4. Section 11532 of the Government Code is amended to read:
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)
(b) "Board" means the Technology Services Board created
pursuant to Section 11535.
(d)
(c) "Director" means the Director of the Office of
Technology Services.
(e)
(d) "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)
(e) "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)
(f) "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.
SEC. 5. The heading of Article 2 (commencing with Section 11534)
of Chapter 5.5 of Part 1 of Division 3 of Title 2 of the Government
Code is amended to read:
Article 2. Department Off
ice of Technology Services
SEC. 6. Section 11534 of the Government Code is amended to read:
11534. (a) There is in state government, in the State
and Consumer Services Agency office of the State Chief
Information Officer , the Department
Office 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.
(d) Unless the context clearly requires otherwise, whenever the
term "Department of Technology Services" appears in any statute,
regulation, or contract, it shall be deemed to refer to the Office of
Technology Services, and whenever the term "Director of Technology
Services" appears in statute, regulation, or contract, it shall be
deemed to refer to the State Chief Information Officer.
(e) Unless the context clearly requires otherwise, the Office of
Technology Services and the State Chief Information Officer succeed
to and are vested with all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the former Department of
Technology Services and the former Director of Technology Services,
respectively.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Office of Technology Services, are transferred to
the Office of Technology Services. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Technology Services.
(g) The property of any office, agency, or department related to
functions transferred to the Office of Technology Services is
transferred to the Office of Technology Services. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(h) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Technology
Services shall be transferred to the Office of Technology Services
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 7. Section 11535 of the Government Code is amended to read:
11535. (a) There is, in the department
Office of Technology Services , the Technology Services Board.
(b) The board shall consist of 13 members, as follows:
(1) The Governor's designee, who State
Chief Information Officer, 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 Secretary of
Food and Agriculture, the Secretary of Business,
Transportation and Housing Agency , the
Secretary of the Department of Corrections and Rehabilitation,
the Secretary for Environmental Protection Agency
, the Secretary of California Health and Human
Services Agency , the Secretary of
Labor and Workforce Development Agency , the
Secretary of the Natural Resources Agency, the Secretary
of State and Consumer Services Agency ,
and the Department Secretary of
Veterans Affairs , and the Youth and Adult Correctional
Agency .
(5) The Director Secretary of
the Office of California Emergency
Services Management .
SEC. 8. Section 11537 of the Government Code is amended to read:
11537. (a) The board State Chief
Information Officer shall engage an independent firm of
certified public accountants to conduct an annual financial audit of
all accounts and transactions of the department
Office of Technology Services . 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 State Chief Information
Officer may arrange for other audits as are necessary or
prudent to ensure proper oversight and management of the
department Office of Technology Services .
SEC. 9. Section 11539 of the Government Code is amended to read:
11539. The director shall be responsible for managing the affairs
of the department Office of Technology
Services 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
Office of Technology Services shall employ
professional, clerical, technical, and administrative personnel as
necessary to carry out this chapter.
SEC. 10. Section 11540 of the Government Code is amended to read:
11540. (a) The director shall propose for board consideration and
approval an annual budget for departmental
the Office of Technology Services' 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.
(b) The director State Chief Information
Officer shall propose for board consideration rates for
department Office of Technology Services'
services based on a formal rate methodology approved by the
board. At least 60 days before submitting proposed rates to the
board, the director State Chief Information
Officer 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
for the board evaluating the reasonableness of
the proposed rates and any significant impact the department'
s Off ice of Technology Services'
rates are likely to have upon the budgets of other departments.
(c) It is the intent of the Legislature that this section
supersede Section 11540 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 11. Section 11541 of the Government Code is amended to read:
11541. (a) The department Office of
Technology Services may acquire, install, equip, maintain, and
operate new or existing business telecommunications systems and
services. Acquisitions for information technology goods and services
shall be made pursuant to Chapter 3 (commencing with Section 12100)
of Part 2 of Division 2 of the Public Contract Code. To accomplish
that purpose, it the Office of Technology
Services may enter into contracts, obtain licenses, acquire
personal 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 Office of Technology Services
.
(b) With respect to business telecommunications systems and
services, the department Office of Technology
Services 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 Office of Technology
Services 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 ensure 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 Office of Technology Services
.
(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 Office of Technology
Services 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
Office of Technology Services shall
assure ensure 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
Office of Technology Services 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 Office of Technology
Services .
(e) It is the intent of the Legislature that this section
supersede Section 11541 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 12. Section 11541.5 of the Government Code is amended to
read:
11541.5. (a) The Department Office
of Technology Services shall create a link to state agency
Internet Web sites at the State of California Internet portal
specifically for the use of small businesses, designed to assist
entrepreneurs and small business owners in accessing information
regarding startup requirements and regulatory compliance applicable
to the particular business.
(b) For purposes of this section, "small business" has the same
meaning as set forth in Section 14837.
SEC. 13. Section 11542 of the Government Code is amended to read:
11542. (a) (1) 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 Office of Technology
Services .
(b) The business telecommunications systems and services functions
of the Telecommunications Division of the Department of General
Services are transferred to the department.
(c)
(2) Except as expressly provided otherwise in this
chapter, the department Office of Technology
Services is the successor to, and is vested with, all of the
duties, powers, purposes, responsibilities, and jurisdiction of the
Stephen P. Teale Data Center, and 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 Office
of Technology Services unless the context clearly requires
otherwise.
(d)
(3) No contract, lease, license, or any other agreement
to which either the Stephen P. Teale Data Center
, or 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 Office of Technology Services
assuming all of the rights, obligations, and duties of the
Stephen P. Teale Data Center , or the
California Health and Human Services Agency Data Center , or
the Telecommunications Division of the Department of General
Services , respectively.
(e)
(4) 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 , and
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
Office of Technology Services 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
Office of Technology Services .
(f)
(5) 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)
(6) All books, documents, records, and property of the
Stephen P. Teale Data Center , and 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
Office of Technology Services .
(h) (1)
(7) (A) All officers
and employees of the former Stephen P. Teale Data Center ,
and 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 Office of
Technology Services .
(2)
(B) The status, position, and rights of any officer or
employee of the Stephen P. Teale Data Center ,
and 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
the functions of that officer or employee
to the department Office of Technology
Services .
(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to the
office of the State Chief Information Officer.
(2) Unless the context clearly requires otherwise, whenever the
term "Telecommunications Division of the Department of General
Services" appears in any statute, regulation, or contract, it shall
be deemed to refer to the
office of the State Chief Information Officer.
(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the office of the State Chief Information Officer, are
transferred to the office of the State Chief Information Officer.
The status, positions, and rights of those persons shall not be
affected by their transfer and shall continue to be retained by them
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5), except as to positions the duties of
which are vested in a position exempt from civil service. The
personnel records of all transferred employees shall be transferred
to the office of the State Chief Information Officer.
(4) The property of any office, agency, or department related to
functions transferred to the office of the State Chief Information
Officer is transferred to the office of the State Chief Information
Officer. If any doubt arises as to where that property is
transferred, the Department of General Services shall determine where
the property is transferred.
(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the office of the State
Chief Information Officer shall be transferred to the office of the
State Chief Information Officer for the use and for the purpose for
which the appropriation was originally made or the funds were
originally available. If there is any doubt as to where those
balances and funds are transferred, the Department of Finance shall
determine where the balances and funds are transferred.
SEC. 14. Section 11543 of the Government Code is amended to read:
11543. (a) The director State Chief
Information Officer 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
Office of Technology Services . The director
State Chief Information Officer 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 Office of
Technology Services and recommend any matters as he or she
deems necessary and advisable to improve the operation and
administration of the department Office of
Technology Services .
(b) The director State Chief Information
Officer 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.
SEC. 15. The heading of Article 3 (commencing with Section 11544)
of Chapter 5.5 of Part 1 of Division 3 of Title 2 of the Government
Code is amended to read:
Article 3. Department of Technology Services
Revolving Fund
SEC. 16. Section 11544 of the Government Code, as added by Section
1 of Chapter 533 of the Statutes of 2006, is amended to read:
11544. (a) The Department of Technology
Services Revolving Fund, hereafter known as the fund, is hereby
created within the State Treasury. The fund shall be administered by
the director State Chief Information Officer
, pursuant to the department's Office
of Technology Services' plan of operations, a plan of
service offering as approved by the Technology Services Board,
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 the
Office of Technology Services from any other source, to pay,
upon appropriation by the Legislature, all costs arising from this
chapter, including, but not limited to, operating and other expenses
of the board and department the Office of
Technology Services and costs associated with approved
information technology projects, and to establish reserves. At the
discretion of the director State Chief
Information Officer , 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 Office of Technology Services for the
purpose of this chapter from any other source, including the return
from investments of moneys by the Treasurer.
(c) The department Office of Technology
Services may collect payments from public agencies for
providing services to those agencies that the agencies have
contracted with the department Office of
Technology Services to provide. The department
Office of Technology Services may require
monthly payments by client agencies for the services the agencies
have contracted the department Office of
Technology Services to provide. Pursuant to Section 11255, the
Controller shall transfer any amounts so authorized by the
department Office of Technology Services ,
consistent with the annual budget of each department, to the fund.
The department Office of Technology Services
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
Office of Technology Services' current fiscal year budget, the
excess amount shall be used to reduce the billing rates for services
rendered during the following fiscal year.
(e) It is the intent of the Legislature that this section
supersede Section 11544 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.
SEC. 17. Section 11546.5 of the Government Code is amended to
read:
11546.5. (a) Employees of the Office of Technology Review,
Oversight, and Security within the Department of Finance shall be
transferred to the office of the State Chief Information Officer, the
Office of Information Security and Privacy Protection, or the
Finance Information Technology Consulting Unit within the Department
of Finance.
(b) Notwithstanding Section 19050.9, the Director of Finance shall
have final approval over which persons serving in the Department of
Finance Office of Technology Review, Oversight, and Security as of
the effective date of this chapter are transferred to the office of
the State Chief Information Officer, the Office of Information
Security and Privacy Protection, and the Finance Information
Technology Consulting Unit. The status, position, and rights of those
persons transferring and those persons remaining within the
Department of Finance shall be retained by them pursuant to Section
19050.9 and the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5).
(c) All relevant records and papers held for the benefit and use
of the former Department of Information Technology in the performance
of its statutory duties, powers, purposes, and responsibilities, and
of the Office of Technology Review, Oversight, and Security within
the Department of Finance in the performance of its statutory duties,
powers, purposes, and responsibilities, except for records and
papers with respect to information security, shall be transferred to
the office of the State Chief Information Officer.
(d)
11546.5. Notwithstanding any other provision of law,
all employees of the office of the State Chief Information Officer
shall be designated as excluded from collective bargaining pursuant
to subdivision (b) of Section 3527 , except for employees of the
Office of Technology Services and the employees of the
Telecommunications Division of the Department of General Services
transferred to the office of the State Chief Information Officer
.
(e) Notwithstanding any other provision of law, the Director of
Finance may enter into contractual agreements on behalf of the office
of the State Chief Information Officer until the State Chief
Information Officer is appointed by the Governor, but not later than
June 30, 2008, whichever occurs first.
SEC. 18. Section 11548.5 of the Government Code is repealed.
11548.5. This chapter shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 19. The heading of Chapter 5.7 (commencing with Section
11549) of Part 1 of Division 3 of Title 2 of the Government Code is
amended to read:
CHAPTER 5.7. OFFICE OF INFORMATION SECURITY AND OFFICE OF
PRIVACY PROTECTION
SEC. 20. The heading of Article 1 (commencing with Section 11549)
is added to Chapter 5.7 of Part 1 of Division 3 of Title 2 of the
Government Code, to read:
Article 1. Office of Information Security
SEC. 21. Section 11549 of the Government Code is amended to read:
11549. (a) There is in state government, in the State
and Consumer Services Agency office of the State Chief
Information Officer , the Office of Information Security
and Privacy Protection . The purpose of the
office Office of Information Security
is to ensure the confidentiality, integrity, and availability of
state systems and applications, and to promote and protect
consumer privacy as part of the development and
operations of state systems and applications to ensure the
trust of the residents of this state.
(b) The office shall be under the direction of an
executive officer a director , who shall be
appointed by, and serve at the pleasure of, the Governor. The
executive officer director shall report
to the Secretary of State and Consumer Services
State Chief Information Officer , and shall lead the
office Office of Information Security
in carrying out its mission.
(c) The duties of the office Office of
Information Security , under the direction of the
executive officer director , shall
include, but are not limited to, all of the following:
be to provide direction for information security and privacy to
state government agencies, departments, and offices, pursuant to
Section 11549.3.
(1) Provide direction for information security and privacy to
state government agencies, departments, and offices, pursuant to
Section 11549.3.
(2) Administer constituent programs and the Office of Privacy
Protection pursuant to Section 11549.5.
(d) (1) Unless the context clearly requires otherwise, whenever
the term "Office of Information Security and Privacy Protection"
appears in any statute, regulation, or contract, it shall be deemed
to refer to the Office of Information Security, and whenever the term
"executive director of the Office of Information Security and
Privacy Protection" appears in statute, regulation, or contract, it
shall be deemed to refer to the Director of the Office of Information
Security.
(2) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred from the Office of Information Security and Privacy
Protection to the Office of Information Security, are transferred to
the Office of Information Security. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Information Security.
(3) The property of any office, agency, or department related to
functions transferred to the Office of Information Security is
transferred to the Office of Information Security. If any doubt
arises as to where that property is transferred, the Department of
General Services shall determine where the property is transferred.
(4) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Information
Security shall be transferred to the Office of Information Security
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.
SEC. 22. Section 11549.1 of the Government Code is amended to
read:
11549.1. As used in this chapter article
, the following terms have the following meanings:
(a) "Executive officer" "Director"
means the executive officer Director of
the Office of Information Security and Privacy Protection
.
(b) "Office" means the Office of Information Security and
Privacy Protection .
(c) "Program" means an information security program established
pursuant to Section 11549.3.
SEC. 23. Section 11549.2 of the Government Code is repealed.
11549.2. (a) Employees assigned to the security unit of the
Office of Technology Review, Oversight, and Security within the
Department of Finance, and the employees of the Office of Privacy
Protection within the Department of Consumer Affairs are transferred
to the office, within the State and Consumer Services Agency.
(b) The status, position, and rights of an employee transferred
pursuant to this section shall not be affected by the transfer.
SEC. 24. Section 11549.3 of the Government Code is amended to
read:
11549.3. (a) The executive officer
director shall establish an information security program. The
program responsibilities include, but are not limited to, all of the
following:
(1) The creation, updating, and publishing of information security
and privacy policies, standards, and procedures for state agencies
in the State Administrative Manual.
(2) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies to effectively
manage security and risk for all of the following:
(A) Information technology, which 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,
telecommunications, requisite system controls, simulation, electronic
commerce, and all related interactions between people and machines.
(B) Information that is identified as mission critical,
confidential, sensitive, or personal, as defined and published by the
office.
(3) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies for the
collection, tracking, and reporting of information regarding security
and privacy incidents.
(4) The creation, issuance, and maintenance of policies,
standards, and procedures directing state agencies in the
development, maintenance, testing, and filing of each agency's
operational disaster recovery plan.
(5) Coordination of the activities of agency information security
officers, for purposes of integrating statewide security initiatives
and ensuring compliance with information security and privacy
policies and standards.
(6) Promotion and enhancement of the state agencies' risk
management and privacy programs through education, awareness,
collaboration, and consultation.
(7) Representing the state before the federal government, other
state agencies, local government entities, and private industry on
issues that have statewide impact on information security and
privacy.
(b) (1) Every state agency, department, and office shall comply
with the information security and privacy policies, standards, and
procedures issued pursuant to this chapter by the Office of
Information Security and Privacy Protection .
(2) Every state agency, department, and office shall comply with
filing requirements and incident notification by providing timely
information and reports as required by policy or directives of the
office.
(3) The office may conduct, or require to be conducted,
independent security assessments of any state agency, department, or
office, the cost of which shall be funded by the state agency,
department, or office being assessed.
(4) The office may require an audit of information security to
ensure program compliance, the cost of which shall be funded by the
state agency, department, or office being audited.
(5) The office shall report to the office of the State Chief
Information Officer any state agency found to be noncompliant with
information security program requirements.
SEC. 25. The heading of Article 2 (commencing with Section
11549.5) is added to Chapter 5.7 of Part 1 of Division 3 of Title 2
of the Government Code, to read:
Article 2. Office of Privacy Protection
SEC. 26. Section 11549.5 of the Government Code is amended to
read:
11549.5. (a) There is hereby created , in the
office State and Consumer Services Agency , the
Office of Privacy Protection. The purpose of the Office of Privacy
Protection shall be to protect the privacy of individuals' personal
information in a manner consistent with the California Constitution
by identifying consumer problems in the privacy area and facilitating
the development of fair information practices in adherence with the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code)
and to promote and protect consumer privacy to ensure the trust of
the residents of this state .
(b) The Office of Privacy Protection shall inform the public of
potential options for protecting the privacy of, and avoiding the
misuse of, personal information.
(c) The Office of Privacy Protection shall make recommendations to
organizations for privacy policies and practices that promote and
protect the interests of the consumers of this state.
(d) The Office of Privacy Protection may promote voluntary and
mutually agreed upon nonbinding arbitration and mediation of
privacy-related disputes where appropriate.
(e) The Office of Privacy Protection shall do all of the
following:
(1) Receive complaints from individuals concerning a person
obtaining, compiling, maintaining, using, disclosing, or disposing of
personal information in a manner that may be potentially unlawful or
violate a stated privacy policy relating to that individual, and
provide advice, information, and referral, where available.
(2) Provide information to consumers on effective ways of handling
complaints that involve violations of privacy-related laws,
including identity theft and identity fraud. If appropriate local,
state, or federal agencies are available to assist consumers with
those complaints, the office shall refer those complaints to those
agencies.
(3) Develop information and educational programs and materials to
foster public understanding and recognition of the purposes of this
article.
(4) Investigate and assist in the prosecution of identity theft
and other privacy-related crimes, and, as necessary, coordinate with
local, state, and federal law enforcement agencies in the
investigation of similar crimes.
(5) Assist and coordinate in the training of local, state, and
federal law enforcement agencies regarding identity theft and other
privacy-related crimes, as appropriate.
(6) The authority of the Office of Privacy Protection to adopt
regulations under this article shall be limited exclusively to those
regulations necessary and appropriate to implement subdivisions (b),
(c), (d), and (e).
SEC. 27. Section 11549.6 of the Government Code is amended and
renumbered to read:
11549.6. 11549.10. This chapter
shall not apply to the State Compensation Insurance Fund, the
Legislature, or the Legislative Data Center in the Legislative
Counsel Bureau.
SEC. 28. Section 11549.7 is added to the Government Code, to read:
11549.7. The Office of Privacy Protection shall be under the
direction of a director who shall report to the Secretary of State
and Consumer Services and lead the Office of Privacy Protection in
carrying out its mission.
SEC. 29. Section 11549.8 is added to the Government Code, to read:
11549.8. As used in this article, the following terms have the
following meanings:
(a) "Director" means the Director of the Office of Privacy
Protection.
(b) "Office" means the Office of Privacy Protection.
SEC. 30. 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
African American Museum; the State
California Building and Standards Commission;
the Alfred E. Alquist Seismic Safety Commission; and the Office of
Information Security and Privacy Protection.
SEC. 31. Section 14995 of the Government Code is amended to read:
14995. (a) The Electronic Funds Transfer Task Force is hereby
established in state government.
(b) The Electronic Funds Transfer Task Force shall consist of one
representative from each of the following agencies, boards,
and departments, and offices, appointed by the
corresponding agency, board, or department
department, or office head, as follows:
(1) State Board of Equalization.
(2) Franchise Tax Board.
(3) Employment Development Department.
(4) Treasurer.
(5) Controller.
(6) Department of Finance.
(7) Department of General Services.
(8) Department Office of Technology
Services.
(c) The Electronic Funds Transfer Task Force shall study and
report to the Legislature, on or before April 1, 2008, a plan for the
development and implementation of a payment disbursal system
utilizing electronic funds transfer technology. The plan shall
include, but not be limited to, all of the following:
(1) An examination of all payments disbursed by the state and the
methods currently used to transfer these funds.
(2) A recommendation on which payments should be included in a new
electronic payment disbursal system.
(3) An examination of the cost of developing and utilizing a
comprehensive electronic payment disbursal system, including, but not
limited to, all of the following:
(A) Costs and savings related to float time.
(B) Costs and savings related to transaction process time.
(C) Costs and savings related to paperless transactions.
(D) Costs and savings related to system development and
implementation of a new electronic payment disbursal system.
(E) Costs and savings related to administration of a new
electronic payment disbursal system.
(4) A recommendation on how a comprehensive electronic payment
disbursal system should be developed, including, but not limited to,
recommendations on whether the state should contract for private
administration of an electronic payment disbursal system, develop a
system within state government, or use any other means available.
(5) An examination of the costs and benefits of using a
user-friendly, single online portal interface for the disbursal of
funds through an electronic payment disbursal system.
(6) A recommendation on which state agencies, boards, and
departments should be required to use the electronic payment
disbursal system for payment of funds, and what, if any, exceptions
should be provided for these agencies, boards, and departments.
(7) An examination of and recommendation on incorporating the
disbursal of funds for localities into the electronic payment system.
(8) An examination of and recommendation on the system's
flexibility for future expansion of services.
(9) An examination of and recommendation on incorporating
electronic payment cards, or similar products, into the electronic
payment disbursal system. This shall include, but not be limited to,
the costs and savings of using electronic payment cards for social
services and unbanked customers.
(10) An examination of and recommendation on incorporating
electronic check conversion into the electronic disbursal system.
(11) A recommendation on the timely development of the electronic
payment disbursal system.
SEC. 32. Section 15251 of the Government Code is amended to read:
15251. As used in this part, "department" means
Department of General Services "office" means office
of the State Chief Information Officer .
SEC. 33. Section 15253 of the Government Code is amended to read:
15253. This part shall apply only to those communications
facilities which are owned and operated by public agencies in
connection with official business of law enforcement services, fire
services, natural resources services, agricultural services, and
highway maintenance and control of the state or of cities, counties,
and other political subdivisions in this state. This part shall
not be construed as
conferring upon the Department of General Services
office control of programs or broadcasts intended for the
general public.
SEC. 34. Section 15254 of the Government Code is amended to read:
15254. Radio and other communications facilities owned or
operated by the state and subject to the jurisdiction of the
Department of General Services office shall not
be used for political, sectarian, or propaganda purposes.
Such The facilities shall not be used for the
purpose of broadcasts intended for the general public, except for
fire, flood, frost, storm, catastrophe, and such
other warnings and information for the protection of the public
safety as the department office may
prescribe.
SEC. 35. Section 15275 of the Government Code is amended to read:
15275. The Department of General Services
office 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 rules,
regulations, procedures, and methods of operation 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 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. 36. 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 The duties of
the office shall include, but not be limited to, all of the
following:
(a) Assessing the overall long-range public safety communications
needs and requirements of the state considering emergency operations,
performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
(b) Developing strategic and tactical policies and plans for
public safety communications with consideration for the systems and
requirements of the state and all public agencies in this state, and
preparing an annual strategic communications plan that includes the
feasibility of interfaces with federal and other state
telecommunications networks and services.
(c) Recommending industry standards for public safety
communications systems to assure ensure
multiuser availability and compatibility.
(d) Providing advice and assistance in the selection of
communications equipment to ensure that the 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 public safety
communications.
(e) Providing management oversight of statewide public safety
communications systems developments.
(f) Providing for coordination of, and comment on, plans,
policies, and operational requirements from departments that utilize
public safety communications in support of their principal function,
such as the Office of Emergency Services
California Emergency Management Agency , National Guard, health
and safety agencies, and others with primary 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 that have an impact
on state government public safety communications activities.
(h) Developing plans regarding teleconferencing as an alternative
to state travel during emergency situations.
SEC. 37. Section 53108.5 of the Government Code is amended to
read:
53108.5. "Communications Division,"
"Office," as used in this article, means the
Communications Division of the Department of General Services
office of the State Chief Information Officer .
SEC. 38. Section 53113 of the Government Code is amended to read:
53113. The Legislature finds that, because of overlapping
jurisdiction of public agencies, public safety agencies, and
telephone service areas, a general overview or plan should be
developed prior to the establishment of any system. In order to
insure ensure that proper preparation
and implementation of such those
systems is accomplished by all public agencies by December 31, 1985,
the Communications Division office ,
with the advice and assistance of the Attorney General, shall secure
compliance by public agencies as provided in this article.
SEC. 39. Section 53114 of the Government Code is amended to read:
53114. The Communications Division office
, with the advice and assistance of the Attorney General,
shall coordinate the implementation of systems established pursuant
to the provisions of this article. The Communications
Division office , with the advice and assistance
of the Attorney General, shall assist local public agencies and
local public safety agencies in obtaining financial help to establish
emergency telephone service, and shall aid such
agencies in the formulation of concepts, methods, and procedures
which that will improve the operation
of systems required by this article and which
that will increase cooperation between public safety agencies.
SEC. 40. Section 53114.1 of the Government Code is amended to
read:
53114.1. To accomplish the responsibilities specified in this
article, the Communications Division office
is directed to consult at regular intervals with the State Fire
Marshal, the State Department of Public Health
Services , the Governor's Office of
Traffic Safety, the Office of Emergency Services
California Emergency Management Agency , the California
Council on Criminal Justice, a local representative from a city, a
local representative from a county, the public utilities in this
state providing telephone service, the Associated Public Safety
Communications Officers, the Emergency Medical Services Authority,
the Department of the California Highway Patrol, and the Department
of Forestry and Fire Protection. These agencies shall provide all
necessary assistance and consultation to the Communications
Division office to enable it to perform its
duties specified in this article.
SEC. 41. Section 53114.2 of the Government Code is amended to
read:
53114.2. Technical and operational standards for the development
of the public agency systems shall be established and reviewed by the
Communications Division office on or
before December 31, 1973, after consultation with all agencies
specified in Section 53114.1. On or before December 31, 1976, and
each even-numbered year thereafter, after consultation with all
agencies specified in Section 53114.1, the Communications
Division office shall review and update
technical and operational standards for public agency systems.
SEC. 42. Section 53115 of the Government Code is amended to read:
53115. (a) On or before January 31, 1975, all public agencies
shall submit tentative plans for the establishment of a system
required by this article to the public utility or utilities providing
public telephone service within the respective jurisdiction of each
public agency. A copy of each such plan shall be filed with the
Communications Division office .
(b) On or before October 1, 1978, all public agencies shall submit
final plans to the Communications Division
office for approval. The final plan shall identify all planning,
implementation, installation, and operating costs the local agency
feels necessary to implement the system required by this article. On
or before July 1, 1981, all public agencies shall place a firm order
as approved by the Communications Division
office to the utility or utilities providing telephone service
to the public agency, and shall make arrangements with such utilities
for the implementation of the planned emergency telephone system no
later than December 31, 1985. If the Legislature fails to take action
as specified in Section 41030 of the Revenue and Taxation Code prior
to January 1, 1981, then the dates specified for ordering and
implementation of a system shall be respectively postponed by the
number of years elapsing between 1981 and the year in which the
Legislature acts.
(c) If any public agency has implemented or is a part of a system
required by this article on a deadline specified in subdivision (a)
or (b), such public agency shall submit in lieu of the tentative or
final plan a report describing the system and stating its operational
date.
(d) Plans filed pursuant to subdivisions (a) and (b) shall conform
to minimum standards established pursuant to Section 53114.2.
(e) The Communications Division office
shall monitor all emergency telephone systems to ensure they
comply with minimal operational and technical standards as
established by the division. If any system does not comply the
Communications Division office shall
notify in writing the public agency or agencies operating the system
of its deficiencies. The public agency shall bring the system into
compliance with the operational and technical standards within 60
days of notice by the division. Failure to comply within such time
shall subject the public agency to action by the Attorney General
pursuant to Section 53116.
SEC. 43. Section 53115.1 of the Government Code is amended to
read:
53115.1. (a) There is in state government the State 911 Advisory
Board.
(b) The advisory board shall be comprised of the following members
appointed by the Governor who shall serve at the pleasure of the
Governor.
(1) The Chief of the California 911 Emergency Communications
Office shall serve as the nonvoting chair of the board.
(2) One representative from the Department of the California
Highway Patrol.
(3) Two representatives on the recommendation of the California
Police Chiefs Association.
(4) Two representatives on the recommendation of the California
State Sheriffs' Association.
(5) Two representatives on the recommendation of the California
Fire Chiefs Association.
(6) Two representatives on the recommendation of the CalNENA
Executive Board.
(7) One representative on the joint recommendation of the
executive boards of the state chapters of the Association of
Public-Safety Communications Officials-International, Inc.
(c) Recommending authorities shall give great weight and
consideration to the knowledge, training, and expertise of the
appointee with respect to their experience within the California 911
system. Board members should have at least two years of experience as
a Public Safety Answering Point (PSAP) manager or county
coordinator, except where a specific person is designated as a
member.
(d) Members of the advisory board shall serve at the pleasure of
the Governor, but may not serve more than two consecutive two-year
terms, except as follows:
(1) The presiding Chief of the California 911 Emergency
Communications Office shall serve for the duration of his or her
tenure.
(2) Four of the members shall serve an initial term of three
years.
(e) Advisory board members shall not receive compensation for
their service on the board, but may be reimbursed for travel and per
diem for time spent in attending meetings of the board.
(f) The advisory board shall meet quarterly in public sessions in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 2 of Part 1 of Division 3
of Title 2). The Telecommunications Division
office shall provide administrative support to the State 911
Advisory Board. The State 911 Advisory Board, at its first meeting,
shall adopt bylaws and operating procedures consistent with this
article and establish committees as necessary.
(g) Notwithstanding any other provision of law, any member of the
advisory board may designate a person to act as that member in his or
her place and stead for all purposes, as though the member were
personally present.
SEC. 44. Section 53115.2 of the Government Code is amended to
read:
53115.2. (a) The State 911 Advisory Board shall advise the
Telecommunications Division of the Department of General
Services office on all of the following
subjects:
(1) Policies, practices, and procedures for the California 911
Emergency Communications Office.
(2) Technical and operational standards for the California 911
system consistent with the National Emergency Number Association
(NENA) standards.
(3) Training standards for county coordinators and Public Safety
Answering Point (PSAP) managers.
(4) Budget, funding, and reimbursement decisions related to the
State Emergency Number Account.
(5) Proposed projects and studies conducted or funded by the State
Emergency Number Account.
(6) Expediting the rollout of Enhanced 911 Phase II technology.
(b) Upon request of a local public agency, the board shall conduct
a hearing on any conflict between a local public agency and the
Telecommunications Division office
regarding a final plan that has not been approved by the
Telecommunications Division office pursuant to
Section 53114. The board shall meet within 30 days following the
request, and shall make a recommendation to resolve the conflict to
the Telecommunications Division office
within 90 days following the initial hearing by the board pursuant to
the request.
SEC. 45. Section 53115.3 of the Government Code is amended to
read:
53115.3. When proposed implementation of the 911 system by a
single public agency within its jurisdiction may adversely affect the
implementation of the system by a neighboring public agency or
agencies, such neighboring public agency may request that the
Communications Division office evaluate
the impact of implementation by the proposing public agency and
evaluate and weigh that impact in its decision to approve or
disapprove the proposing public agency's final plan pursuant to
Section 53115. In order to effectuate this process, each city shall
file a notice of filing of its final plan with each adjacent city and
with the county in which the proposing public agency is located at
the same time such final plan is filed with the
Communications Division office and each county
shall file a notice of filing of its final plan with each city within
the county and each adjacent county at the time such
the final plan is filed with the
Communications Division office . Any public
agency wishing to request review pursuant to this section shall file
its request with the division office
within 30 days of filing of the final plan for which review is
sought.
SEC. 46. Section 53116 of the Government Code is amended to read:
53116. The Attorney General may, in on
behalf of the Communications Division
office or on his or her own initiative, commence
judicial proceedings to enforce compliance by any public agency or
public utility providing telephone service with the provisions of
this article.
SEC. 47. Section 53119 of the Government Code is amended to read:
53119. Any telephone corporation serving rural telephone areas
which cannot currently provide enhanced "911" emergency telephone
service capable of selective routing, automatic number
identification, or automatic location identification shall present to
the communications division office a
comprehensive plan detailing a schedule by which those facilities
will be converted to be compatible with the enhanced emergency
telephone system.
SEC. 48. Section 53120 of the Government Code is amended to read:
53120. The communications division office
shall not delay implementation of the enhanced "911" emergency
telephone system in those portions of cities or counties, or both,
served by a local telephone corporation that has equipment compatible
with the enhanced "911" emergency telephone system.
SEC. 49. Section 53126.5 of the Government Code is amended to
read:
53126.5. For purposes of this article, the following definitions
apply:
(a) "Division of Telecommunications" means the Division of
Telecommunications of the Department of General Services.
(b)
(a) "Local public agency" means a city, county, city
and county, and joint powers authority that provides a public safety
answering point (PSAP).
(c)
(b) "Nonemergency telephone system" means a system
structured to provide access to only public safety agencies such as
police and fire, or a system structured to provide access to public
safety agencies and to all other services provided by a local public
agency such as street maintenance and animal control.
SEC. 50. Section 53127 of the Government Code is amended to read:
53127. The Division of Telecommunications
office of the State Chief Information Officer may aid local
public agencies in the formulation of concepts, methods, and
procedures that will improve the operation of systems authorized by
this article and increase cooperation among public agencies.
SEC. 51. Section 12100.7 of the Public Contract Code is amended to
read:
12100.7. As used in this chapter:
(a) "Department" means the Department of General Services.
(b) "Director" means the Director of General Services.
(c) "Information technology" shall have the same definition as set
forth in Section 11702 of the Government Code.
(d) "Multiple award schedule" (MAS) is an agreement established
between the General Services Administration of the United States and
certain suppliers to do business under specific prices, terms, and
conditions for specified goods, information technology, and services.
(e) "Multiple award" means a contract of indefinite quantity for
one or more similar goods, information technology, or services to
more than one supplier.
(f) "Office" means the office in the department, by whatever name
it may be called, which is responsible for contracting for goods and
information technology, and is headed by the state procurement
officer.
(g) "Procedures" means the specific methods or courses of action
to implement policies for information technology procurement.
(h) For purposes of this chapter, "policies" may be defined as
setting general principles and standards for the acquisition of
information technology.
(g)
(i) For purposes of this chapter, "value-effective
acquisition" may be defined to include, but not be limited to, the
following:
(1) The operational cost that the state would incur if the bid or
proposal is accepted.
(2) Quality of the product or service, or its technical
competency.
(3) Reliability of delivery and implementation schedules.
(4) The maximum facilitation of data exchange and systems
integration.
(5) Warranties, guarantees, and return policy.
(6) Supplier financial stability.
(7) Consistency of the proposed solution with the state's planning
documents and announced strategic program direction.
(8) Quality and effectiveness of business solution and approach.
(9) Industry and program experience.
(10) Prior record of supplier performance.
(11) Supplier expertise with engagements of similar scope and
complexity.
(12) Extent and quality of the proposed participation and
acceptance by all user groups.
(13) Proven development methodologies and tools.
(14) Innovative use of current technologies and quality results.
SEC. 52. Section 12101 of the Public Contract Code is amended to
read:
12101. It is the intent of the Legislature that policies
developed by the Department of Information Technology
office of the State Chief Information Officer
and procedures developed by the Department of General Services in
accordance with Section 12102 provide for the following :
(a) The expeditious and value-effective acquisition of information
technology goods and services to satisfy state requirements.
(b) The acquisition of information technology goods and services
within a competitive framework.
(c) The delegation of authority by the Department of General
Services to each state agency that has demonstrated to the department'
s satisfaction the ability to conduct value-effective information
technology goods and services acquisitions.
(d) The exclusion from state bid processes, at the state's option,
of any supplier having failed to meet prior contractual requirements
related to information technology goods and services.
(e) The review and resolution of protests submitted by any bidders
with respect to any information technology goods and services
acquisitions.
SEC. 53. Section 12103 of the Public Contract Code is amended to
read:
12103. In addition to the mandatory requirements enumerated in
Section 12102, the acquisition policies developed and maintained by
the Department of Information Technology
office of the State C hief Information Officer and
procedures developed and maintained by the Department of General
Services in accordance with this chapter may provide for the
following:
(a) Price negotiation with respect to contracts entered into in
accordance with this chapter.
(b) System or equipment component performance, or availability
standards, including an assessment of the added cost to the state to
receive contractual guarantee of a level of performance.
(c) Requirement of a bond or assessment of a cost penalty with
respect to a contract or consideration of a contract offered by a
supplier whose performance has been determined unsatisfactory in
accordance with established procedures maintained in the State
Administrative Manual as required by Section 12102.
SEC. 54. Section 12104 of the Public Contract Code is amended to
read:
12104. (a) (1) Commencing on or before January 1, 2007, the State
Contracting Manual shall set forth all policies, procedures, and
methods that shall be used by the department when seeking to obtain
bids for the acquisition of information technology, including any
policies contained in the State Administrative Manual.
(2) Revisions to the manual must be publicly announced, including,
but not limited to, postings on the department's Internet homepage.
(b) On or before January 1, 2007, the department shall designate a
single entity within the department that shall be solely responsible
for the development, implementation, and maintenance of standardized
methods for the development of information technology requests for
proposals.
(c) Commencing on or before January 1, 2007, all information
technology requests for proposals shall be reviewed by the Office of
Legal Services prior to release to the public.
(d) (1) On or before January 1, 2007, the department, in
consultation with a representative from the Department
Office of Technology Services, the Department of
Finance, the Senate, and the Assembly, along with representatives
from the information technology industry, shall issue a management
memorandum setting forth uniform standards for information technology
procurement. The management memorandum shall prioritize how the
technology will advance the public policy purpose of the state
program that the information technology will serve over the
department's or client's preference for a particular information
product design. Prior to issuing the management memorandum, the
department shall hold at least two public hearings on the standards
that are proposed to be included in the management memorandum.
(2) The management memorandum issued pursuant to paragraph (1)
shall not apply to procurements necessary to meet the requirements of
the Department of Justice Hawkins Data Center.
SEC. 55. Section 12105 of the Public Contract Code is amended to
read:
12105. The Department of General Services and the
Department of Information Technology office of the
State Chief Information Officer shall coordinate in the
development of policies and procedures which
that implement the intent of this chapter. The
Department of Information Technology office of the
State Chief Information Officer shall have the final authority
in the determination of any general policy and the Department of
General Services shall have the final authority in the determination
of any procedures.
SEC. 56. Section 12120 of the Public Contract Code is amended to
read:
12120. The Legislature finds and declares that, with the advent
of deregulation in the telecommunications industry, substantial cost
savings can be realized by the state through the specialized
evaluation and acquisition of alternative telecommunications systems.
All contracts for the acquisition of telecommunications services and
all contracts for the acquisition of telecommunications goods,
whether by lease or purchase, shall be made by, or under the
supervision of, the Department of General Services. All acquisitions
shall be accomplished in accordance with Chapter 3 (commencing with
Section 12100), relating to the acquisition of information technology
goods and services, except to the extent any directive or provision
is uniquely applicable to information technology acquisitions. The
Department of General Services office
shall have responsibility for the establishment of policy and
procedures for telecommunications. The Department of General
Services office shall have responsibility for
the establishment of tactical policy and procedures for
data-processing acquisitions consistent with statewide strategic
policy as established by the Department of Finance. The
Department of Finance shall have review and approval responsibility
of data-processing information and telecommunication acquisitions to
assure consistency with budgetary
objectives . The Trustees of the
California State University and the Board of Governors of the
California Community Colleges shall assume the functions of the
Department of Finance and the Department of General Services
office with regard to acquisition of
telecommunication telecommunications goods and
services by the California State University and the California
Community Colleges, respectively. The trustees and the board shall
each grant to the Department of General Services, Division
of Telecommunications, office an opportunity to
bid whenever the university or the college system solicits bids for
telecommunications goods and services.
SEC. 57. Section 12121 of the Public Contract Code is amended to
read:
12121. As used in this chapter:
(a) "Office" means the office of the State Chief Information
Officer.
(a)
(b) "Tactical policy" means the policies of an
organization necessary to direct operational staff in carrying out
their day-to-day activities.
(b)
(c) "Strategic policy" means policy which defines the
goals and objectives for an organization.
SEC. 58. Section 41030 of the Revenue and Taxation Code is amended
to read:
41030. The Department of General Services
office of the State Chief Information Officer shall determine
annually, on or before October 1, a surcharge rate that it estimates
will produce sufficient revenue to fund the current fiscal year's 911
costs. The surcharge rate shall be determined by dividing the costs
(including incremental costs) the Department of General
Services office of the State Chief Information Officer
estimates for the current fiscal year of 911 plans approved
pursuant to Section 53115 of the Government Code, less the available
balance in the State Emergency Telephone Number Account in the
General Fund, by its estimate of the charges for intrastate telephone
communications services and VoIP service to which the surcharge will
apply for the period of January 1 to December 31, inclusive, of the
next succeeding calendar year, but in no event shall such surcharge
rate in any year be greater than three-quarters of 1 percent nor less
than one-half of 1 percent.
SEC. 59. Section 41031 of the Revenue and Taxation Code is amended
to read:
41031. The Department of General Services
office of the State Chief Information Officer shall make its
determination of such the surcharge rate
each year no later than October 1 and shall notify the board of the
new rate, which shall be fixed by the board to be effective with
respect to charges made for intrastate telephone communication
services and VoIP service on or after January 1 of the next
succeeding calendar year.
SEC. 60. Section 41032 of the Revenue and Taxation Code is amended
to read:
41032. Immediately upon notification by the Department
of General Services office of the State Chief
Information Officer and fixing the surcharge rate, the board
shall each year no later than November 15 publish in its minutes the
new rate, and it shall notify by mail every service supplier
registered with it of the new rate.
SEC. 61. Section 41136.1 of the Revenue and Taxation Code is
amended to read:
41136.1. For each fiscal year, moneys in the State Emergency
Telephone Number Account not appropriated for a purpose specified in
Section 41136 shall be held in trust for future appropriation for
upcoming, planned "911" emergency telephone number projects that have
been approved by the Department of General Services
office of the State Chief Information Officer ,
even if the projects have not yet commenced.
SEC. 62. Section 41137 of the Revenue and Taxation Code is amended
to read:
41137. The Department of General Services
office of the State Chief Information Officer shall pay, from
funds appropriated from the State Emergency Telephone Number Account
by the Legislature, as provided in Section 41138, bills submitted by
service suppliers or communications equipment companies for the
installation and ongoing costs of the following communication
services provided local agencies by service suppliers in connection
with the "911" emergency telephone number system:
(a) A basic system.
(b) A basic system with telephone central office identification.
(c) A system employing automatic call routing.
(d) Approved incremental costs that have been concurred in by the
Communications Division office of the State
Chief Information Officer .
SEC. 63. Section 41137.1 of the Revenue and Taxation Code is
amended to read:
41137.1. The Department of General Services
office of the State Chief Information Officer shall pay,
from funds appropriated from the State Emergency Telephone Number
Account by the Legislature, as provided in Section 41138, claims
submitted by local agencies for approved incremental costs and for
the cost of preparation of final plans submitted to the
Communications Division office of the State Chief
Information Officer for approval on or before October 1, 1978,
as provided in Section 53115 of the Government Code.
SEC. 64. Section 41138 of the Revenue and Taxation Code is amended
to read:
41138. (a) It is the intent of the Legislature that the
reimbursement rates for "911" emergency telephone number equipment
shall not exceed specified amounts negotiated with each interested
supplier and approved by the department
office of the State Chief Information Officer . The
department office of the State Chief Information
Officer shall negotiate supplier pricing to ensure cost
effectiveness and the best value for the "911" emergency telephone
number system. The department office of the
State Chief Information Officer shall pay those bills as
provided in Section 41137 only under the following conditions:
(1) The department office of the State
Chief Information Officer shall have received the local agency'
s "911" emergency telephone number system plan by July 1 of the prior
fiscal year and approved the plan by October 1 of the prior fiscal
year.
(2) The Legislature has appropriated in the Budget Bill an amount
sufficient to pay those bills.
(3) The department office of the State
Chief Information Officer has reviewed and approved each line
item of a request for funding to ensure the necessity of the proposed
equipment or services and the eligibility for reimbursement.
(4) The amounts to be paid do not exceed the pricing submitted by
the supplier and approved by the department
office of the State Chief Information Officer . Extraordinary
circumstances may warrant spending in excess of the established rate,
but shall be preapproved by the department
office of the State Chief Information Officer . In determining
the reimbursement rate, the department office
of the State Chief Information Officer shall utilize the
approved pricing submitted by the supplier providing the equipment or
service.
(b) Nothing in this section shall be construed to limit an agency'
s ability to select a supplier or procure telecommunications
equipment as long as the supplier's pricing is preapproved by the
department office of the State Chief
Information Officer . Agencies shall be encouraged to procure
equipment on a competitive basis. Any amount in excess of the pricing
approved by the department office of the
State Chief Information Officer shall not be
reimbursed.
SEC. 65. Section 41139 of the Revenue and Taxation Code is amended
to read:
41139. From funds appropriated by the Legislature from the
Emergency Telephone Number Account, the department
office of the State Chief Information Officer shall begin
paying such bills as provided in Sections 41137,
41137.1, and 41138 in the 1977-78 fiscal year for plans submitted by
local agencies by July 1, 1976 , to the
department office of the State Chief Information
Officer which the department office of
the State Chief Information Officer has approved.
SEC. 66. Section 41140 of the Revenue and Taxation Code is amended
to read:
41140. The Department of General Service
office of the State Chief Information Officer shall reimburse
local agencies, from funds appropriated from the Emergency Telephone
Number Account by the Legislature, for amounts not previously
compensated for by another governmental agency, which have been paid
by such agencies for approved incremental costs or
to service suppliers or communication equipment companies for the
following communications services supplied in connection with the
"911" emergency phone number, provided such local
agency plans had been approved by the department
office of the State Chief Information Officer :
(1)
(a) A basic system.
(2)
(b) A basic system with telephone central office
identification.
(3)
(c) A system employing automatic call routing.
(4)
(d) Approved incremental costs.
SEC. 67. Section 41141 of the Revenue and Taxation Code is amended
to read:
41141. Claims for reimbursement shall be submitted by local
agencies to the Communications Division in the Department of
General Services office of the State Chief
Information Officer , which shall determine payment eligibility
and shall reduce the claim for charges which
that exceed the approved incremental costs, approved contract
amounts, or the established tariff rates for such
costs. No claim shall be paid until funds are appropriated by the
Legislature.
SEC. 68. Section 41142 of the Revenue and Taxation Code is amended
to read:
41142. Notwithstanding any other provision of this article, if
the Legislature fails to appropriate an amount sufficient to pay
bills submitted to the Department of General Services
office of the State Chief Information Officer by
service suppliers or communications equipment companies for the
installation and ongoing communications services supplied local
agencies in connection with the "911" emergency phone
telephone number system, and to pay claims of
local agencies which, prior to the effective date of this part, paid
amounts to service suppliers or communications equipment companies
for the installation and ongoing expenses in connection with the "911"
emergency phone telephone number
system, the obligation of service suppliers and local agencies to
provide "911" emergency telephone service shall terminate and
such service shall not again be required until the
Legislature has appropriated an amount sufficient to pay
such those bills or claims. Nothing in this part
shall preclude local agencies from purchasing or acquiring any
communication equipment from companies other than the telephone
service suppliers.
SEC. 69. Section 16501.7 of the Welfare and Institutions Code is
amended to read:
16501.7. (a) On or before December 1, 2005, the State Department
of Social Services shall develop, and provide to the Chairperson of
the Joint Legislative Budget Committee, a Child Welfare Services/Case
Management System performance commitments plan. The plan shall be
developed in conjunction with the Office of System Integration, the
Department Office of Technology
Services, and the County Welfare Directors Association.
(b) (1) The plan developed as required by subdivision (a) shall
include, but not be limited to, performance standards for system
availability, application transaction time, batch processing windows,
data downloads, a process for the identification, tracking, and
response of repair service requests, data backup and recovery, help
desk responsiveness, and a process for security incidents.
(2) The plan may include print time.
(3) The plan shall describe all of the following:
(A) The mechanism for tracking system performance.
(B) Corrective action protocols.
(C) The steps that will be taken should performance fall below
standards for a specified period of time.
(c) It is the intent of the Legislature that the plan developed
pursuant to this section shall do all of the following:
(1) Appropriately assign responsibility for ensuring service
levels to the entity accountable.
(2) Prioritize implementation of components of the plan.
(3) Address implementation feasibility of the plan's components,
including any issues regarding plan implementation that need to be
addressed.