Senate BillNo. 624


Introduced by Senator Anderson

February 27, 2015


An act to amend Section 11546.1 of, and to add Chapter 5.8 (commencing with Section 11549.20) to Part 1 of Division 3 of Title 2 of, the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

SB 624, as introduced, Anderson. Accessible state technology.

(1) Existing law establishes the Department of Technology, within the Government Operations Agency, headed by the Director of Technology, who is also known as the State Chief Information Officer. The department is responsible for the approval and oversight of information technology projects by, among other things, consulting with agencies during initial project planning to ensure that project proposals are based on well-defined programmatic needs and consider feasible alternatives to address the identified needs and benefits consistent with statewide strategies, policies, and procedures.

This bill would establish, in the Government Operations Agency within the Department of Technology, the Office of Accessible Technology to monitor and facilitate compliance of state electronic and information technology with the requirements of certain state and federal laws relating to the accessibility of technology. This bill would require the office to be headed by a Chief of the Office of Accessible Technology who is required to, among other things, audit compliance of state electronic and information technology with the requirements of state and federal laws relating to the accessibility of technology, train chief information officers in other state agencies and entities, and manage complaints from state employees and members of the public relating to the accessibility of technology. This bill would also require the chief to post the results of all audits on the office’s Internet Web site. This bill would make these provisions operative only upon the Legislature making an appropriation to implement them.

(2) Existing law requires each state agency and each state entity, as those terms are defined, to have a chief information officer with specified duties relating to information technology.

This bill would specifically include ensuring compliance with state and federal laws relating to the accessibility of technology among the duties of those chief information officers.

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

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11546.1 of the Government Code is
2amended to read:

3

11546.1.  

The Department of Technology shall improve the
4governance and implementation of information technology by
5standardizing reporting relationships, roles, and responsibilities
6for setting information technology priorities.

7(a) (1) Each state agency shall have a chief information officer
8who is appointed by the head of the state agency, or by the head’s
9designee, subject to the approval of the Department of Technology.

10(2) A chief information officer appointed under this subdivision
11shall do all of the following:

12(A) Oversee the information technology portfolio and
13information technology services within his or her state agency
14through the operational oversight of information technology
15budgets of departments, boards, bureaus, and offices within the
16state agency.

17(B) Develop the enterprise architecture for his or her state
18agency, subject to the review and approval of the Department of
19Technology, to rationalize, standardize, and consolidate
20information technology applications, assets, infrastructure, data,
21and procedures for all departments, boards, bureaus, and offices
22within the state agency.

23(C) Ensure that all departments, boards, bureaus, and offices
24within the state agency are in compliance with the state information
25technologybegin delete policy.end deletebegin insert policy, and statutes, including, but not limited
26to, subdivision (d) of Section 11135.end insert

P3    1(b) (1) Each state entity shall have a chief information officer
2who is appointed by the head of the state entity.

3(2) A chief information officer appointed under this subdivision
4shall do all of the following:

5(A) Supervise all information technology and
6telecommunications activities within his or her state entity,
7including, but not limited to, information technology, information
8security, and telecommunications personnel, contractors, systems,
9assets, projects, purchases, and contracts.

10(B) Ensure the entity conforms with state information technology
11and telecommunications policybegin delete andend deletebegin insert,end insert enterprisebegin delete architectureend delete
12begin insert architecture, and statutes, including, but not limited to, subdivision
13(d) of Section 11135end insert
.

14(c) Each state agency shall have an information security officer
15appointed by the head of the state agency, or the head’s designee,
16subject to the approval by the Department of Technology. The
17state agency’s information security officer appointed under this
18subdivision shall report to the state agency’s chief information
19officer.

20(d) Each state entity shall have an information security officer
21who is appointed by the head of the state entity. An information
22security officer shall report to the chief information officer of his
23or her state entity. The Department of Technology shall develop
24specific qualification criteria for an information security officer.
25If a state entity cannot fund a position for an information security
26officer, the entity’s chief information officer shall perform the
27duties assigned to the information security officer. The chief
28information officer shall coordinate with the Department of
29Technology for any necessary support.

30(e) (1) For purposes of this section, “state agency” means the
31Transportation Agency, Department of Corrections and
32Rehabilitation, Department of Veterans Affairs, Business,
33Consumer Services, and Housing Agency, Natural Resources
34Agency, California Health and Human Services Agency, California
35Environmental Protection Agency, Labor and Workforce
36Development Agency, and Department of Food and Agriculture.

37(2) For purposes of this section, “state entity” means an entity
38within the executive branch that is under the direct authority of
39the Governor, including, but not limited to, all departments, boards,
P4    1bureaus, commissions, councils, and offices that are not defined
2as a “state agency” pursuant to paragraph (1).

3(f) A state entity that is not defined under subdivision (e) may
4voluntarily comply with any of the requirements of Sections
511546.2 and 11546.3 and may request assistance from the
6Department of Technology to do so.

7

SEC. 2.  

Chapter 5.8 (commencing with Section 11549.20) is
8added to Part 1 of Division 3 of Title 2 of the Government Code,
9to read:

10 

11Chapter  5.8. Office of Accessible Technology
12

 

13

11549.20.  

(a) There is in the Government Operations Agency,
14within the Department of Technology, the Office of Accessible
15Technology. The purpose of the Office of Accessible Technology
16is to monitor and facilitate compliance of state electronic and
17information technology with the requirements of subdivision (d)
18of Section 11135.

19(b) The office shall be under the direction of a chief, who shall
20be appointed by, and serve at the pleasure of, the Governor, subject
21to Senate confirmation. The chief shall report to the Director of
22Technology and shall lead the office in carrying out its mission.
23The chief shall possess knowledge and expertise in evaluating
24compliance with the accessibility requirements of Section 508 of
25the federal Rehabilitation Act of 1973, as amended (29 U.S.C.
26Sec. 794d), and regulations implementing that act as set forth in
27Part 1194 of Title 36 of the Federal Code of Regulations.

28(c) For purposes of this chapter, the following terms shall have
29the following meanings:

30(1) “Chief” means the Chief of the Office of Accessible
31Technology.

32(2) “Office” means the Office of Accessible Technology.

33

11549.22.  

The chief shall do all of the following:

34(a) Develop and update statewide policies, standards, and
35procedures for ensuring compliance with the requirements of
36subdivision (d) of Section 11135.

37(b) Provide training to chief information officers appointed
38pursuant to Section 11546.1.

39(c) Audit compliance of state electronic and information
40technology with the requirements of subdivision (d) of Section
P5    111135 and cooperate with chief information officers, as necessary,
2to develop corrective action plans for achieving compliance.

3(d) Manage complaints from state employees and members of
4the public related to the requirements of subdivision (d) of Section
511135.

6

11549.24.  

The chief shall post the results of all audits conducted
7pursuant to this chapter on the office’s Internet Web site.

8

11549.26.  

The office shall consult with the Director of
9Technology, the Director of Rehabilitation, the Director of General
10Services, the Chancellor of the California State University, and
11any other relevant agencies concerning policies, standards, and
12procedures related to accessible technology.

13

11549.28.  

This chapter shall become operative only upon the
14Legislature making an appropriation to implement the provisions
15of this chapter, and thereafter shall remain operative.



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