BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          2408
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          AB 2408  Author:  Smyth
          As Amended:  June 15, 2010
          Hearing Date:  June 22, 2010
          Consultant:  Chris Lindstrom


                                     SUBJECT  
                        State Chief Information Officer

                                   DESCRIPTION
           
          AB 2408 codifies the Governor's Reorganization Plan No. 1  
          (GRP 1) of 2009 which consolidated state information  
          technology functions under the Office of the State Chief  
          Information Officer and changes the name of the Office to  
          the "California Technology Agency."  Specifically, this  
          measure:

          1.  Renames the Office of the State Chief Information  
            Officer (OCIO) to the California Technology Agency (CTA)  
            and the position of the State Chief Information Officer  
            (SCIO) to the Secretary of California Technology and  
            imposes additional duties on both regarding state  
            information technology governance and implementation.  

          2.  Transfers all aspects of the Division of  
            Telecommunications from the Department of General  
            Services (DGS) to the CTA and creates the positions of  
            chief information officer and information security  
            officer in various state agencies. 

          3.  Transfers the Department of Technology Services from  
            the State and Consumer Services Agency to the CTA.

          4.  Eliminates the Office of Information Security and  
            Privacy Protection and instead creates the Office of  




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            Information Security within the CTA and the Office of  
            Privacy Protection in the State and Consumer Services  
            Agency.
                                         
           5.  Renames the Department of Technology Services Revolving  
            Fund to the Technology Services Revolving Fund and  
            authorizes that Fund to receive revenues for services  
            rendered by the CTA.  Also, authorizes the CTA to collect  
            payments from public agencies for services requested by  
            the CTA and revises the conditions used to determine  
            whether a balance remains in the Fund at the end of the  
            year.  (This Fund used to contain only revenues from one  
            department but under the reorganization will contain  
            multiple funds which must be separated for calculations.)  

                                         
            6.  Deletes an obsolete requirement on the Office of  
            Information Security to investigate and assist in the  
            prosecution of crimes.  (These activities are carried out  
            by the Department of Justice.)
                                         
           7.  Changes the annual financial audit due date from more  
            than 120 days following the close of the fiscal year, to  
            no more than 120 days following the submittal of the  
            annual financial statements.
                                         
           8.  Deletes the January 1, 2013 sunset on the provisions  
          establishing the OCIO. 

          9.  Makes other technical, clarifying and conforming  
          changes.
                                         
                                  EXISTING LAW

           Existing law, the Governor's Reorganization Plan No. 1 of  
          2009 (GRP No. 1), transferred all the duties, functions,  
          employees, property, and related funding of the Division of  
          Telecommunications in the Department of General Services  
          (DGS) to the Office of the State Chief Information Officer  
          (OCIO). The plan also renamed and transferred the  
          Department of Technology Services in the State and Consumer  
          Services Agency (CSA) to the Office of the Department of  
          Technology Services within the OCIO, renamed the Department  
          of Technology Services Revolving Fund the Technology  
          Services Revolving Fund, and made conforming changes. The  
          plan also abolished the Office of Information Security and  




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          Privacy Protection, and instead created the Office of  
          Information Security within the OCIO, and the Office of  
          Privacy Protection within the CSA, with a division of the  
          duties, personnel, property, and funding of the Office of  
          Information Security and Privacy Protection between the two  
          offices.  The plan also transferred duties relating to the  
          state's procurement of information technology from the  
          Department of Finance, the DGS, and the Department of  
          Information Technology to the OCIO.

          Existing law, Government Code Section 12080 et seq, grants  
          the Governor authority to propose administrative  
          reorganization plans.  The statute requires the Governor to  
          submit any reorganization plan to the Milton Marks  
          Commission on California State Government Organization and  
          Economy (Little Hoover Commission) at least 30 days prior  
          to submitting the plan to the Legislature.  The  
          Commission's role is to evaluate the plan and to make  
          recommendations to the Governor and Legislature within 30  
          days of the date the plan is submitted to the Legislature.   
          Pursuant to Government Code Section 12080.2, the Rules  
          Committee of the Senate and the Speaker of the Assembly  
          refer the Governor's Reorganization Plan to the appropriate  
          standing committee(s) of their respective houses for study  
          and a report.  Existing law provides a 60-day time frame  
          (60 calendar days of continuous legislative session) for  
          the study and report by the standing committee.  If the  
          Legislature does not take action by adopting a resolution  
          disapproving the plan, the reorganization plan becomes  
          effective.
           
                                    BACKGROUND
           
           History:   The Department of Information Technology (DOIT)  
          was created by SB 1 (Alquist) of 1995 (Chapter 508) for the  
          purpose of planning and overseeing the state's uses of  
          information technology (IT).  It was created as an  
          independent state department that reported directly to the  
          Governor rather than a cabinet level agency.  The DOIT was  
          responsible for ensuring that appropriate plans, policies,  
          and procedures are in place to assure successful  
          implementation of IT projects.  DOIT struggled to meet its  
          statutory mandates and the statutory provisions pertaining  
          to DOIT became inoperative on July 1, 2002, when the  
          Legislature refused to extend the sunset.





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          GRP 2 of 2005, established the Department of Technology  
          Services (DTS) within the State and Consumer Services  
          Agency, as a reorganized entity comprised 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. DTS was charged with responsibility for the  
          planning, acquisition, and administration of state  
          technology and telecommunications systems.

          In 2006, the Legislature enacted and the Governor signed SB  
          834 (Figueroa) which established the OCIO.  SB 834 made the  
          State CIO a member of the Governor's cabinet, with the  
          position appointed by the Governor and subject to Senate  
          confirmation.  SB 834 also codified the responsibilities of  
          the State CIO, making the State CIO the nominal leader for  
          the Executive Branch's IT program. 

          The 2007-2008 Budget and related legislation (SB 90 -  
          Committee on Budget, Chapter 183 of 2007) substantially  
          expanded on SB 834 and provided an appropriation to  
          establish the OCIO. 
           
          In May of 2009, the Governor's Reorganization Plan No.1  
          (GRP 1) was allowed to move forward by the Legislature,  
          formally creating the OCIO as an Agency to consolidate  
          statewide information technology functions under, and to  
          consolidate software contracts, office automation tools,  
          data centers, servers, and storage. The OCIO also has  
          authority over IT procurement policy and enterprise IT  
          management.  Since the implementation of GRP 1, the  
          Legislature has continued to expand the role and  
          responsibilities of the OCIO. In July of 2009, as part of  
          the special session budget package, the Legislature  
          required the OCIO to review and make recommendations to the  
          Joint Legislative Budget Committee regarding large IT  
          projects (including the California Case Management System)  
          at the Judicial Council. 
           Purpose of AB 2408:   The intent of this measure is to  
          codify GRP No. 1 of 2009 - the GRP was allowed to go into  
          effect in May 2009 based on 60 days having passed and no  
          action on the part of the Legislature to disapprove it.   
          According to the author's office, by creating a central IT  
          organization, the state will leverage California's IT  




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          program for greater coordination and efficiency while  
          reducing costs and saving the state approximately $1.5  
          billion over the next 5 years.
          
          Staff Comments - Suggested Amendment  :       "Sunsets" are  
          Important! 

          The possibility exists that this new governmental entity -  
          The California Technology Agency - may turn out to be a  
          failure like the Department of Information Technology  
          (DOIT).  Thus, the committee may wish to reinstate the  
          January 1, 2013 sunset provision to enable the Legislature  
          to review and evaluate the worth of this new entity.

                                         

                           PRIOR/RELATED LEGISLATION
           
           AB 1266 (Huber) of 2009-10 Session.   Would codify the GRP 1  
          of 2009. (Held in Assembly Appropriations Committee)
          
           AB 618 (Blumenfield) 2009-10 Session.   Requires the OCIO to  
          submit a strategic plan by January 1, 2011, and every three  
          years thereafter, that includes information on the key  
          performance measures identified by the OCIO for the  
          Governor's GRP NO.1 of 2009.  (Held in Assembly  
          Appropriations Committee) 
           
          AB 617 (Blumenfield ) 2009-10 Session.   Requires the OCIO  
          to establish and enforce a state information technology  
          (IT) strategic plan to protect the environment and reduce  
          energy use.  (Held in Assembly Appropriations Committee) 

           SB 834 (Figueroa) Chapter 533, Statutes of 2006.   Made the  
          statutory changes necessary to reflect GRP 2 of 2005 which  
          established the Department of Technology Services in state  
          government under the Director of Technology Services within  
          the Consumer Services Agency. 

           SB 954 (Figueroa) Chapter 556, Statutes of 2005.    Provided  
          that DGS must conform to the Information Technology  
          Procurement Guidelines for Best Practices when purchasing  
          new information technology.

           AB 1559 (Diaz) Chapter 45, Statutes of 2002.   Repealed  
          sunset provisions governing the Department of Justice's  




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          Hawkins Data Center, the Health and Human Services Agency  
          Data Center, and the Stephen P. Teale Data Center. Also,  
          allowed the Department of Information Technology (DOIT) to  
          die by not extending its sunset date.  

          AB 1624 (Zettel) 2001-02 Session.   Would have renamed DOIT  
          the Information Technology Agency and elevated the director  
          of DOIT to Secretary of the new agency.  Also, would have  
          extended the sunset date to July 1, 2007 and would have  
          made other substantive changes.  (Died in Assembly policy  
          committee) 
           
          AB 2936 (Information Technology Committee) 1999-2000  
          Session.   Would have eliminated the sunset date for the  
          DOIT, the Hawkins Data Center, the Health and Human  
          Services Data Center, and the Teale Data Center.  (Died on  
          Senate Appropriations Committee Suspense File)
           
          AB 1686 (Information Technology Committee) Chapter 873 of  
          1999.   Extended sunset dates on the state's information  
          data centers and the DOIT by 2 years (from July 1, 2000 to  
          July 1, 2002).
             
           SB 1 (Alquist) Chapter 508, Statutes of 1995.   Eliminated  
          the Office of Information Technology and created the  
          Department of Information Technology (DOIT) with expanded  
          duties and authority.  
           
           SUPPORT:   Office of the State Chief Information Officer
           OPPOSE:   None on file as of June 18, 2010.
           FISCAL COMMITTEE:   Senate Appropriations Committee