BILL NUMBER: AB 1498	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 25, 2012

INTRODUCED BY    Committee on Budget   (
  Blumenfield (Chair), Alejo, Bonilla, Brownley,
Buchanan, Butler, Cedillo, Chesbro, Dickinson, Feuer, Gordon,
Huffman, Mitchell, Monning, and Swanson   )
  Assembly   Members   Buchanan 
 and Achadjian 

                        JANUARY 10, 2012

    An act to amend Section 19604 of the Business and
Professions Code, Section 318 of the Corporations Code, to amend
Section 57031 of the Food and Agriculture Code, to amend Sections
3502.5, 3507.1, 3507.3, 3513, 3527, 3541.3, 3563, 8240, 8241, 8245,
10210, 11139.5, 11532, 11538, 11540, 11544, 12804, 12901, 12903,
12904, 12905, 12906, 12925, 12930, 12935, 12944, 12946, 12947.5,
12950, 12950.1, 12961, 12963.5, 12964, 12965, 12966, 12973, 12974,
12975, 12980, 12981, 12981.1, 12983, 12985, 12988, 12989.1, 12989.2,
12990, 19704, 19815, 50085.5, 71632.5, 71636.1, 71636.3, and 71637
of, to add Section 12907 to, to add Division 4.5 (commencing with
Section 3600) to Title 1 of, add Article 3 (commencing with Section
10270) to Chapter 1 of Part 2 of Division 2 of Title 2 of, to repeal
Sections 11535, 11536, 11537, 11543, 12967, 12968, 12969, 12970,
12972, 12987, 12987.1, and 12989 of, to repeal Article 1 (commencing
with Section 8260) of Chapter 3.5 of Division 1 of Title 2 of, to
repeal Chapter 1 (commencing with Section 14995) of Part 5.6 of
Division 3 of Title 2 of, the Government Code, to amend Section
102346 of the Health and Safety Code, to amend Section 11770 of the
Insurance Code, to amend Sections 56, 138.7, 150, 151, 152, 153, 156,
511, 515.5, 515.6, 1202, 1773.3, 1776, 1777.5, 1777.7, 2012, 2013,
2686, 3072, 3073, 6332, 6401.7, 6409, 6409.1, 6410, 6411, 6413, and
6413.2 of, to amend the heading of Chapter 7 (commencing with Section
150) of Division 1 of, to add Chapter 4.5 (commencing with Section
108) to Division 1 of, and to repeal Sections 65, 3099, 3099.2,
3099.3, 3099.4, and 3099.5 of, and to repeal Chapter 9 (commencing
with Section 1137) of Part 3 of Division 2 of, the Labor Code, to
amend Section 422.92, 13519, 13776, 13777.2, and 13836.1 of the Penal
Code, to amend Sections 25051, 28850, 30750, 30751, 40120, 50120,
70120, 90300, 99561, 95650, 98162.5, 100301, 101341, 102401, 103401,
and 125521 of the Public Utilities Code, to amend Section 401 of the
Unemployment Insurance Code, to amend Section 4.2 of the Fresno
Metropolitan Transit District Act (Chapter 1932 of the Statutes of
1961), and to amend Sections 13.90 and 13.91 of the West Bay Rapid
Transit Authority Act (Chapter 104 of the First Extraordinary Session
of the Statutes of 1964), relating to state government, and making
an appropriation therefor, to take effect immediately, bill related
to the budget.   An act to amend, repeal, and add
Section 11545 of the Government Code, relating to state technology.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1498, as amended,  Committee on Budget  
Buchanan  .  State government.   Dep 
 artment of Technology: state contracts: information technology
goods and services acquisition.  
   Existing law provides that there is in state government the
California Technology Agency, which duties include establishing and
enforcing state information technology strategic plans, policies,
standards, and enterprise architecture. The agency is governed by the
Secretary of California Technology.  
   The Governor's Reorganization Plan No. 2 of 2012 (GRP 2) proposes
to reorganize state departments and agencies to, among other things,
recast the California Technology Agency as the Department of
Technology within the Government Operations Agency, which is also
proposed to be established by GRP 2. GRP 2 also proposes to recast
the Secretary of California Technology as the Director of Technology,
and to remove that position as a member of the Governor's cabinet.
GRP 2 proposes to become effective on July 3, 2012, and operative on
July 1, 2013, if not disapproved by the Legislature.  
   This bill would, if GRP 2 becomes effective, require the Director
of Technology to report directly to the Governor on issues relating
to information technology.  
   This bill would state the intent of the Legislature that, as part
of the planning required for implementing those provisions of the
Governor's Reorganization Plan No. 2 of 2012, a plan for
transitioning information technology procurement authority from the
Department of General Services to the Department of Technology be
developed by the Governor or his or designee.  
   (1) Existing law establishes the California State Mediation and
Conciliation Service (CSMCS) within the Department of Industrial
Relations to investigate and mediate labor disputes, as specified.
Existing law governs public transportation labor disputes. 

   This bill would repeal and recast those provisions and establish
the CSMCS within the Public Employment Relations Board (PERB). The
bill would vest PERB with all of the powers, duties, purposes,
responsibilities and jurisdiction vested in the Department of
Industrial Relations and exercised or carried out through CSMCS.
 
   (2) Existing law creates within state government the Commission on
the Status of Women, consisting of 17 members, including public
members appointed by specified executive and legislative officials.
Existing law sets forth the powers and duties of the commission, and
requires the commission to study certain topics. Existing law
requires the commission to act as a information center on the status
of women and women's educational, employment, and other related
needs.  
   This bill would rename the Commission on the Status of Women the
Commission on the Status of Women and Girls, and make various
conforming changes to that effect. This bill would require the
appointing powers, in making appointments of public members to the
commission, to make every effort to ensure that there is a geographic
balance of representation on the commission. This bill would modify
the topics that the commission is required to study by adding some
and removing others, including, among others, adding gender equity in
the media. This bill would instead require the commission to act as
a central information on issues that affect the lives of women and
girls. This bill would require the commission to develop a strategy
to attract financial support from private donors.  
   This bill would state that certain provisions of this bill will
prevail over a specified section of the Governor's Reorganization
Plan No. 2 of 2012, regardless of the dates on which this bill and
that Plan take effect.  
   (3) Existing law establishes in state government the Commission on
Uniform State Laws, with a specified membership.  
   This bill would transfer the Commission on Uniform State Laws to
the Legislative Counsel Bureau, and would make conforming changes in
law.  
   (4) Existing law establishes the Technology Services Board within
the Office of Technology Services. Existing law requires the
Secretary of California Technology to submit, for board
consideration, proposed rates for Office of Technology Services'
services. Existing law requires the secretary, prior to submitting
the rates to the board, to first submit the proposed rates to the
Department of Finance, and requires the department to evaluate the
reasonableness of the proposed rates.  
   This bill would repeal the provisions establishing the Technology
Services Board, and make various conforming changes. This bill would
also require the secretary to instead submit the proposed rates
directly to the Director of Finance, and would require the Director
of Finance to approve the proposed rates based on certain standards
and criteria.  
   (5) The California Fair Employment and Housing Act establishes the
Department of Fair Employment and Housing in the State and Consumer
Services Agency, with the power and duties to, among other things,
receive, investigate, and conciliate complaints relating to
employment and housing discrimination. The California Fair Employment
and Housing Act also establishes the Fair Employment and Housing
Commission within the State and Consumer Services Agency, with the
powers and duties to, among other things, conduct hearings, subpoena
witnesses, create or provide financial or technical assistance to
advisory agencies and conciliation councils, publish opinions and
publications, and conduct mediations at the request of the Department
of Fair Employment and Housing.  
   This bill would eliminate the Fair Employment and Housing
Commission and would transfer the duties of the commission to the
Department of Fair Employment and Housing. The bill would create
within the department a Fair Employment and Housing Council that
would succeed to the powers and duties of the former commission. The
bill would establish the Fair Employment and Housing Enforcement and
Litigation Fund in the State Treasury to be administered by the
department, subject to appropriation, for purposes of deposit of
attorney's fees and costs awarded to the department in specified
civil actions. The bill would expand specified powers of the
department related to complaints, mediations, and prosecutions, and
would provide mandatory dispute resolution at no cost to the parties
involved, as specified. The bill would eliminate a specified cap of
actual damages under the act, and would instead require certain
actions be brought in court by civil action, rather than by
accusation by the department. The bill would make these provisions
operative on January 1, 2013.  
   (6) Existing law creates the Electronic Funds Transfer Task Force,
consisting of 8 members appointed by specified agencies, boards,
departments, and offices.  
   This bill would eliminate the Electronic Funds Transfer Task
Force.  
   (7) Existing law establishes the Department of Industrial
Relations, divided into 6 divisions known as the Division of Worker's
Compensation, the Division of Occupational Safety and Health, the
Division of Labor Standards Enforcement, the Division of Labor
Statistics and Research, the Division of Apprenticeship Standards,
and the State Compensation Insurance Fund. Under existing law, the
Division of Labor Statistics and Research collects, compiles, and
presents facts and statistics relating to the condition of labor in
the state. Existing law provides that, except as specified, no use
shall be made in the reports of the Labor Statistics and Research
Division of the names of persons supplying information and makes any
agent or employee of the division who violates this provision guilty
of a misdemeanor.  
   This bill would abolish the Division of Labor Statistics and
Research and transfer the duties of that division to the Division of
Occupational Health and Safety and the Division of Labor Standards
Enforcement and make conforming changes. The bill would broaden the
application of the misdemeanor referenced above to any agent or
employee of the department, thereby creating a state-mandated local
program.  
   (8) Existing law requires the Division of Apprenticeship Standards
to establish and validate minimum standards for the competency and
training of electricians through a system of testing and
certification.  
   This bill would recast the electrician certification
responsibilities of the Division of Apprenticeship Standards under
the Division of Labor Standards Enforcement and make conforming
changes.  
   (9) Existing law provides that the Department of Industrial
Relations shall monitor and enforce compliance with applicable
prevailing wage requirements for any public works project paid for
out of public funds. Existing law provides that any awarding agency
whose public works contract is subject to provisions regulating the
employment of apprentices upon public works shall send a copy of the
award to the Division of Apprenticeship Standards.  

   This bill would instead require that an awarding agency whose
public works contract falls within the jurisdiction of specified
monitoring and enforcement compliance provisions, is subject to
provisions regulating the employment of apprentices upon public
works, or is subject to any other provision providing for the payment
of fees to the department for enforcing prevailing wage requirements
send a copy of the award to the department.  
   (10) Existing law provides that a contractor or subcontractor who
is determined to have knowingly committed a serious violation of
specified provisions may be denied the right to bid on or be awarded
or perform work on any public works for a period of time. Existing
law provides that an affected contractor, subcontractor, or
responsible officer may obtain a review of the determination imposing
the debarment or civil penalty within 30 days.  
   This bill would instead allow for the request of the review within
60 days and make other related changes.  
   (11) Existing law creates, in the Employment Development
Department, the California Unemployment Insurance Appeals Board,
consisting of 7 members, 2 of whom are required to be attorneys at
law admitted to practice in California. Existing law authorizes the
Governor to appoint 5 of the 7 members, as specified. 

   This bill would reduce the number of members of this board to 5
and reduce the number of members the Governor may appoint to 3. This
bill would require all members of the board to be attorneys at law
admitted to practice in any state of the United States with either a
minimum of one year of experience in conducting judicial or
administrative hearings or 5 years of experience in the practice of
law. This bill would provide that these amendments apply to
appointments made on or after January 1, 2013.  
   (12) This bill would appropriate $1,000 from the General Fund to
the Department of Finance for purposes of implementing this bill,
thereby making an appropriation.  
   (13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   (14) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.

   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: 
yes   no  .


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

   SECTION 1.    Section 11545 of the  
Government Code   is amended to read: 
   11545.  (a) (1) There is in state government the California
Technology Agency. The Secretary of California Technology shall be
appointed by, and serve at the pleasure of, the Governor, subject to
Senate confirmation. The Secretary of California Technology shall
supervise the California Technology Agency and be a member of the
Governor's cabinet.
   (2) Unless the context clearly requires otherwise, whenever the
term "office of the State Chief Information Officer" appears in any
statute, regulation, or contract, it shall be construed to refer to
the California Technology Agency, and whenever the term "State Chief
Information Officer" appears in any statute, regulation, or contract,
it shall be construed to refer to the Secretary of California
Technology.
   (b) The duties of the Secretary of California Technology shall
include, but are not limited to, all of the following:
   (1) Advising the Governor on the strategic management and
direction of the state's information technology resources.
   (2) Establishing and enforcing state information technology
strategic plans, policies, standards, and enterprise architecture.
This shall include the periodic review and maintenance of the
information technology sections of the State Administrative Manual,
except for sections on information technology procurement procedures,
and information technology fiscal policy. The Secretary of
California Technology shall consult with the Director of General
Services, the Director of Finance, and other relevant agencies
concerning policies and standards these agencies are responsible to
issue as they relate to information technology.
   (3) Minimizing overlap, redundancy, and cost in state operations
by promoting the efficient and effective use of information
technology.
   (4) Providing technology direction to agency and department chief
information officers to ensure the integration of statewide
technology initiatives, compliance with information technology
policies and standards, and the promotion of the alignment and
effective management of information technology services. Nothing in
this paragraph shall be deemed to limit the authority of a
constitutional officer, cabinet agency secretary, or department
director to establish programmatic priorities and business direction
to the respective agency or department chief information officer.
   (5) Working to improve organizational maturity and capacity in the
effective management of information technology.
   (6) Establishing performance management and improvement processes
to ensure state information technology systems and services are
efficient and effective.
   (7) Approving, suspending, terminating, and reinstating
information technology projects.
   (8) Performing enterprise information technology functions and
services, including, but not limited to, implementing Geographic
Information Systems (GIS), shared services, applications, and program
and project management activities in partnership with the owning
agency or department.
   (c) The Secretary of California Technology shall produce an annual
information technology strategic plan that shall guide the
acquisition, management, and use of information technology. State
agencies shall cooperate with the agency in the development of this
plan, as required by the Secretary of California Technology.
   (1) Upon establishment of the information technology strategic
plan, the Secretary of California Technology shall take all
appropriate and necessary steps to implement the plan, subject to any
modifications and adjustments deemed necessary and reasonable.
   (2) The information technology strategic plan shall be submitted
to the Joint Legislative Budget Committee by January 15 of every
year.
   (d) The Secretary of California Technology shall produce an annual
information technology performance report that shall assess and
measure the state's progress toward enhancing information technology
human capital management; reducing and avoiding costs and risks
associated with the acquisition, development, implementation,
management, and operation of information technology assets,
infrastructure, and systems; improving energy efficiency in the use
of information technology assets; enhancing the security,
reliability, and quality of information technology networks,
services, and systems; and improving the information technology
procurement process. The agency shall establish those policies and
procedures required to improve the performance of the state's
information technology program.
   (1) The agency shall submit an information technology performance
management framework to the Joint Legislative Budget Committee by May
15, 2009, accompanied by the most current baseline data for each
performance measure or metric contained in the framework. The
information technology performance management framework shall include
the performance measures and targets that the agency will utilize to
assess the performance of, and measure the costs and risks avoided
by, the state's information technology program. The agency shall
provide notice to the Joint Legislative Budget Committee within 30
days of making changes to the framework. This notice shall include
the rationale for changes in specific measures or metrics.
   (2) State agencies shall take all necessary steps to achieve the
targets set forth by the agency and shall report their progress to
the agency on a quarterly basis.
   (3) Notwithstanding Section 10231.5, the information technology
performance report shall be submitted to the Joint Legislative Budget
Committee by January 15 of every year. To enhance transparency, the
agency shall post performance targets and progress toward these
targets on its public Internet Web site.
   (4) The agency shall at least annually report to the Director of
Finance cost savings and avoidances achieved through improvements to
the way the state acquires, develops, implements, manages, and
operates state technology assets, infrastructure, and systems. This
report shall be submitted in a timeframe determined by the Department
of Finance and shall identify the actual savings achieved by each
office, department, and agency. Notwithstanding Section 10231.5, the
agency shall also, within 30 days, submit a copy of that report to
the Joint Legislative Budget Committee, the Senate Committee on
Appropriations, the Senate Committee on Budget and Fiscal Review, the
Assembly Committee on Appropriations, and the Assembly Committee on
Budget. 
   (e) If the Governor's Reorganization Plan No. 2 of 2012 becomes
effective, this section shall become inoperative on July 1, 2013, and
as of January 1, 2014, is repealed. 
   SEC. 2.    Section 11545 is added to the  
Government Code   , to read:  
   11545.  (a) (1) There is in state government the Department of
Technology within the Government Operations Agency. The Director of
Technology shall be appointed by, and serve at the pleasure of, the
Governor, subject to Senate confirmation. The Director of Technology
shall supervise the Department of Technology and report directly to
the Governor on issues relating to information technology.
   (2) Unless the context clearly requires otherwise, whenever the
term "office of the State Chief Information Officer" or "California
Technology Agency" appears in any statute, regulation, or contract,
or any other code, it shall be construed to refer to the Department
of Technology, and whenever the term "State Chief Information Officer"
or "Secretary of California Technology" appears in any statute,
regulation, or contract, or any other code, it shall be construed to
refer to the Director of Technology.
   (3) The Director of Technology shall be the State Chief
Information Officer.
   (b) The duties of the Director of Technology shall include, but
are not limited to, all of the following:
   (1) Advising the Governor on the strategic management and
direction of the state's information technology resources.
   (2) Establishing and enforcing state information technology
strategic plans, policies, standards, and enterprise architecture.
This shall include the periodic review and maintenance of the
information technology sections of the State Administrative Manual,
except for sections on information technology procurement procedures,
and information technology fiscal policy. The Director of Technology
shall consult with the Director of General Services, the Director of
Finance, and other relevant agencies concerning policies and
standards these agencies are responsible to issue as they relate to
information technology.
   (3) Minimizing overlap, redundancy, and cost in state operations
by promoting the efficient and effective use of information
technology.
   (4) Providing technology direction to agency and department chief
information officers to ensure the integration of statewide
technology initiatives, compliance with information technology
policies and standards, and the promotion of the alignment and
effective management of information technology services. Nothing in
this paragraph shall be deemed to limit the authority of a
constitutional officer, cabinet agency secretary, or department
director to establish programmatic priorities and business direction
to the respective agency or department chief information officer.
   (5) Working to improve organizational maturity and capacity in the
effective management of information technology.
   (6) Establishing performance management and improvement processes
to ensure state information technology systems and services are
efficient and effective.
   (7) Approving, suspending, terminating, and reinstating
information technology projects.
   (8) Performing enterprise information technology functions and
services, including, but not limited to, implementing Geographic
Information Systems (GIS), shared services, applications, and program
and project management activities in partnership with the owning
agency or department.
   (c) The Director of Technology shall produce an annual information
technology strategic plan that shall guide the acquisition,
management, and use of information technology. State agencies shall
cooperate with the department in the development of this plan, as
required by the Director of Technology.
   (1) Upon establishment of the information technology strategic
plan, the Director of Technology shall take all appropriate and
necessary steps to implement the plan, subject to any modifications
and adjustments deemed necessary and reasonable.
   (2) The information technology strategic plan shall be submitted
to the Joint Legislative Budget Committee by January 15 of every
year.
   (d) The Director of Technology shall produce an annual information
technology performance report that shall assess and measure the
state's progress toward enhancing information technology human
capital management; reducing and avoiding costs and risks associated
with the acquisition, development, implementation, management, and
operation of information technology assets, infrastructure, and
systems; improving energy efficiency in the use of information
technology assets; enhancing the security, reliability, and quality
of information technology networks, services, and systems; and
improving the information technology procurement process. The
department shall establish those policies and procedures required to
improve the performance of the state's information technology
program.
   (1) The department shall submit an information technology
performance management framework to the Joint Legislative Budget
Committee by May 15, 2009, accompanied by the most current baseline
data for each performance measure or metric contained in the
framework. The information technology performance management
framework shall include the performance measures and targets that the
department will utilize to assess the performance of, and measure
the costs and risks avoided by, the state's information technology
program. The department shall provide notice to the Joint Legislative
Budget Committee within 30 days of making changes to the framework.
This notice shall include the rationale for changes in specific
measures or metrics.
   (2) State agencies shall take all necessary steps to achieve the
targets set forth by the department and shall report their progress
to the department on a quarterly basis.
   (3) Notwithstanding Section 10231.5, the information technology
performance report shall be submitted to the Joint Legislative Budget
Committee by January 15 of every year. To enhance transparency, the
department shall post performance targets and progress toward these
targets on its public Internet Web site.
   (4) The department shall at least annually report to the Director
of Finance cost savings and avoidances achieved through improvements
to the way the state acquires, develops, implements, manages, and
operates state technology assets, infrastructure, and systems. This
report shall be submitted in a timeframe determined by the Department
of Finance and shall identify the actual savings achieved by each
office, department, and agency. Notwithstanding Section 10231.5, the
department shall also, within 30 days, submit a copy of that report
to the Joint Legislative Budget Committee, the Senate Committee on
Appropriations, the Senate Committee on Budget and Fiscal Review, the
Assembly Committee on Appropriations, and the Assembly Committee on
Budget.
   (e) If the Governor's Reorganization Plan No. 2 of 2012 becomes
effective, this section shall prevail over Section 186 of the
Governor's Reorganization Plan No. 2 of 2012, regardless of the dates
on which this section and that plan take effect, and this section
shall become operative on July 1, 2013. 
   SEC. 3.    The Legislature finds and declares that
the Governor's Reorganization Plan No. 2 of 2012 proposes to recast
and realign the California Technology Agency as the Department of
Technology within the newly created Government Operations Agency. As
part of the planning required for implementing those provisions of
the Governor's Reorganization Plan No. 2 of 2012, it is the intent of
the Legislature that a plan for transitioning information technology
procurement authority from the Department of General Services to the
Department of Technology be developed by the Governor or his or her
designee. That plan shall evaluate the appropriate scope, timing, and
methodology for both transitioning procurement authority for
information technology goods and services, as well as developing or
transferring the appropriate human and capital resources to the
Department of Technology in order to enable the timely acquisition of
information technology goods and services, and to meet the state's
information technology needs in the most value-effective manner.
 
   Further, it is the intent of the Legislature that any planning
process for transferring the procurement authority to the Department
of Technology include consideration of stakeholder input from
relevant groups, including, but not limited to, the Milton Marks
"Little Hoover" Commission on California State Government and
Economy, the Legislature, the Department of Finance, the Department
of General Services, and the Department of Technology.  
   This section shall become operative only if the Governor's
Reorganization Plan No. 2 of 2012 becomes effective.  All matter
omitted in this version of the bill appears in the bill as amended
in the Senate, June 25, 2012. (JR11)