BILL NUMBER: AB 2100 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Members Dutra and Honda
FEBRUARY 22, 2000
An act to repeal Sections 27 and 2027 of the Business and
Professions Code, to amend Section 1798.16 of the Civil Code, to
amend Sections 16.5, 6254.20, 11340.1, 11344, 11711, and 14825.1 of,
to add Chapter 7.5 (commencing with Section 11790) to Division 3 of
Title 2 of, to repeal Sections 6254.21, 11015.5, and 11018.5 of, and
to repeal Chapter 5.1 (commencing with Section 8330) and Chapter 5.2
(commencing with Section 8333) of Division 1 of Title 2 of, the
Government Code, to amend Section 25534.06 of the Health and Safety
Code, to amend Section 12921.15 of the Insurance Code, and to amend
Sections 311.5 and 324.5 of the Public Utilities Code, relating to
information technology.
LEGISLATIVE COUNSEL'S DIGEST
AB 2100, as introduced, Dutra. California Electronic Government
and Information Act.
Existing law generally provides for the oversight of state
information technology programs by the Department of Information
Technology. The department is under the direction of the Director of
Information Technology, who is also authorized to act as the Chief
Information Officer of the state.
Existing law requires various public entities to post certain
information and conduct certain activities on the Internet, and
generally sets forth criteria for the collecting, disseminating, and
sharing of data over the Internet.
This bill would enact the California Electronic Government and
Information Act, to establish the California Internet Portal
Management Authority within the Department of Information Technology,
under the direction of the Chief Information Officer. It would set
forth the duties of the authority in administering, managing,
maintaining, and establishing policies for the use of, the domain of
the State of California on the Internet. It would repeal provisions
requiring the posting of specified information on the Internet, and
instead provide that the authority would post information on the
Internet, or direct a state agency to post that information, should
there be an appropriation in the annual Budget Act directing the
posting of specific content on the Internet. The bill would specify,
with certain exceptions, that after June 30, 2002, no state agency
may post information on the Internet unless a proposal for posting
has been approved by the authority, according to specified
procedures. It would require the Chief Information Officer to
convene an Electronic Government Task Force, which would convene a
business advisory council and develop a strategic plan for the
development of a policy to create an enterprise system environment
for all electronic government initiatives.
This bill would make various conforming changes.
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 27 of the Business and Professions Code is
repealed.
27. (a) Every entity specified in subdivision (b), on or after
July 1, 2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99, shall
provide on the Internet information regarding the status of every
license issued by that entity in accordance with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and 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). The public
information to be provided on the Internet shall include information
on suspensions and revocations of licenses issued by a board and
other related enforcement action taken by a board relative to
persons, businesses, or facilities subject to licensure or regulation
by a board. In providing information on the Internet, each entity
shall comply with the Department of Consumer Affairs Guidelines for
Access to Public Records. The information shall not include personal
information including home address (unless used as a business
address), home telephone number, date of birth, or social security
number.
(b) Each of the following entities within the Department of
Consumer Affairs shall comply with the requirements of this section:
(1) The Acupuncture Committee shall disclose information on its
licensees.
(2) The Board of Behavioral Science Examiners shall disclose
information on its licensees, including marriage, family and child
counselors; licensed clinical social workers; and licensed
educational psychologists.
(3) The Board of Dental Examiners shall disclose information on
its licensees.
(4) The State Board of Optometry shall disclose information
regarding certificates of registration to practice optometry,
statements of licensure, optometric corporation registrations, branch
office licenses, and fictitious name permits of their licensees.
(5) The Board for Professional Engineers and Land Surveyors shall
disclose information on its registrants and licensees.
(6) The Structural Pest Control Board shall disclose information
on its licensees, including applicators; field representatives; and
operators in the areas of fumigation, general pest and wood
destroying pests and organisms, and wood roof cleaning and treatment.
(7) The Bureau of Automotive Repair shall disclose information on
its licensees, including auto repair dealers, smog stations, lamp and
brake stations, smog check technicians, and smog inspection
certification stations.
(8) The Bureau of Electronic and Appliance Repair shall disclose
information on its licensees, including major appliance repair
dealers, combination dealers (electronic and appliance), electronic
repair dealers, service contract sellers, and service contract
administrators.
(9) The cemetery program shall disclose information on its
licensees, including cemetery brokers, cemetery salespersons,
crematories, and cremated remains disposers.
(10) The funeral program shall disclose information on its
licensees, including, embalmers, funeral director establishments, and
funeral directors.
(11) The Contractors' State License Board shall disclose
information on its licensees in accordance with Chapter 9 (commencing
with Section 7000) of Division 3.
(12) The Board of Psychology shall disclose information on its
licensees, including psychologists, psychological assistants, and
registered psychologists.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.
SEC. 2. Section 2027 of the Business and Professions Code is
repealed.
2027. (a) On or after July 1, 2001, unless otherwise authorized
by the Department of Information Technology pursuant to Executive
Order D-3-99, the board shall post on the Internet the following
information regarding licensed physicians and surgeons:
(1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), or subject to an interim suspension order (ISO).
(2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board of another state or
jurisdiction.
(3) Any felony convictions reported to the board after January 3,
1991.
(4) All current accusations filed by the Attorney General.
(5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
(6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason.
(7) Appropriate disclaimers and explanatory statements to
accompany the above information.
(b) The board shall provide links to other websites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651. The board may
provide links to other websites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
SEC. 3. Section 1798.16 of the Civil Code is amended to read:
1798.16. (a) Whenever an agency collects personal information,
the agency shall maintain the source or sources of the information,
unless the source is the data subject or he or she has received a
copy of the source document, including, but not limited to, the name
of any source who is an individual acting in his or her own private
or individual capacity. If the source is an agency, governmental
entity or other organization, such as a corporation or association,
this requirement can be met by maintaining the name of the agency,
governmental entity, or organization, as long as the smallest
reasonably identifiable unit of that agency, governmental entity, or
organization is named.
(b) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, whenever an agency electronically collects personal
information, as defined by Section 11015.5
11790.40 of the Government Code, the agency shall retain the
source or sources or any intermediate form of the information, if
either are created or possessed by the agency, unless the source is
the data subject that has requested that the information be discarded
or the data subject has received a copy of the source document.
(c) The agency shall maintain the source or sources of the
information in a readily accessible form so as to be able to provide
it to the data subject when they inspect any record pursuant to
Section 1798.34. This section shall not apply if the source or
sources are exempt from disclosure under the provisions of this
chapter.
SEC. 4. Section 16.5 of the Government Code is amended to read:
16.5. (a) In any written communication with a public
entity, as defined in Section 811.2, in which a signature is required
or used, any party to the communication may affix a signature by use
of a digital signature that complies with the requirements of this
section. The use of a digital signature shall have the same force
and effect as the use of a manual signature if and only if it
embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are
changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State.
Initial regulations shall be adopted no later than January 1, 1997.
In developing these regulations, the secretary shall seek the advice
of public and private entities, including, but not limited to, the
Department of Information Technology, the California Environmental
Protection Agency, and the Department of General Services. Before
the secretary adopts the regulations, he or she shall hold at least
one public hearing to receive comments.
(b) The use or acceptance of a digital signature shall be at the
option of the parties. Nothing in this section shall require a
public entity to use or permit the use of a digital signature.
(c) Digital signatures employed pursuant to Section 71066 of the
Public Resources Code are exempted from this section.
(d) "Digital signature" means an electronic identifier
, created by computer, intended by the party using
it to have the same force and effect as the use of a manual
signature.
SEC. 5. Section 6254.20 of the Government Code is amended to read:
6254.20. Nothing in this chapter shall be construed to require
the disclosure of records that relate to electronically collected
personal information, as defined by Section 11015.5
11790.40 , received, collected, or compiled by a
state agency.
SEC. 6. Section 6254.21 of the Government Code is repealed.
6254.21. (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
(b) For purposes of this section "elected or appointed official"
includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
SEC. 7. Chapter 5.1 (commencing with Section 8330) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 8. Chapter 5.2 (commencing with Section 8333) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 9. Section 11015.5 of the Government Code is repealed.
11015.5. (a) On or after July 1, 2001, unless otherwise
authorized by the Department of Information Technology pursuant to
Executive Order D-3-99, every state agency, including the California
State University, that utilizes any method, device, identifier, or
other data base application on the Internet to electronically collect
personal information, as defined in subdivision (d), regarding any
user shall prominently display the following at least one anticipated
initial point of communication with a potential user, to be
determined by each agency, and in instances when the specified
information would be collected:
(1) Notice to the user of the usage or existence of the
information gathering method, device, identifier, or other data base
application.
(2) Notice to the user of the type of personal information that is
being collected and the purpose for which the collected information
will be used.
(3) Notice to the user of the length of time that the information
gathering device, identifier, or other data base application will
exist in the user's hard drive, if applicable.
(4) Notice to the user that he or she has the option of having his
or her personal information discarded without reuse or distribution,
provided that the appropriate agency official or employee is
contacted after notice is given to the user.
(5) Notice to the user that any information acquired by the state
agency, including the California State University, is subject to the
limitations set forth in the Information Practices Act of 1977 (Title
1.8 (commencing with Section 1798) of Part 4 of Division 3 of the
Civil Code).
(6) Notice to the user that state agencies shall not distribute or
sell any electronically collected personal information, as defined
in subdivision (d), about users to any third party without the
permission of the user.
(7) Notice to the user that electronically collected personal
information, as defined in subdivision (d), is exempt from requests
made pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
(8) The title, business address, telephone number, and electronic
mail address, if applicable, of the agency official who is
responsible for records requests, as specified by subdivision (b) of
Section 1798.17 of the Civil Code, or the agency employee designated
pursuant to Section 1798.22 of that code, as determined by the
agency, who is responsible for ensuring that the agency complies with
requests made pursuant to this section.
(b) A state agency shall not distribute or sell any electronically
collected personal information about users to any third party
without prior written permission from the user, except as required to
investigate possible violations of Section 502 of the Penal Code or
as authorized under the Information Practices Act of 1977 (Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code). Nothing in this subdivision shall be construed to prohibit a
state agency from distributing electronically collected personal
information to another state agency or to a public law enforcement
organization in any case where the security of a network operated by
a state agency and exposed directly to the Internet has been, or is
suspected of having been, breached.
(c) A state agency shall discard without reuse or distribution any
electronically collected personal information, as defined in
subdivision (d), upon request by the user.
(d) For purposes of this section:
(1) "Electronically collected personal information" means any
information that is maintained by an agency that identifies or
describes an individual user, including, but not limited to, his or
her name, social security number, physical description, home address,
home telephone number, education, financial matters, medical or
employment history, password, electronic mail address, and
information that reveals any network location or identity, but
excludes any information manually submitted to a state agency by a
user, whether electronically or in written form, and information on
or relating to individuals who are users serving in a business
capacity, including, but not limited to, business owners, officers,
or principals of that business.
(2) "User" means an individual who communicates with a state
agency or with an agency employee or official electronically.
(e) Nothing in this section shall be construed to permit an agency
to act in a manner inconsistent with the standards and limitations
adopted pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) or the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code).
SEC. 10. Section 11018.5 of the Government Code is repealed.
11018.5. (a) The Department of Real Estate, on or after July 1,
2001, unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99, shall provide on the
Internet information regarding the status of every license issued by
that entity in accordance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code) and 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), including information relative to
suspensions and revocations of licenses issued by that state agency
and other related enforcement action taken against persons,
businesses, or facilities subject to licensure or regulation by a
state agency.
(b) The Department of Real Estate shall disclose information on
its licensees, including real estate brokers and agents, on the
Internet that is in compliance with the department's public record
access guidelines.
(c) "Internet" for the purposes of this section has the meaning
set forth in paragraph (6) of subdivision (e) of Section 17538 of the
Business and Professions Code.
SEC. 11. Section 11340.1 of the Government Code is amended to
read:
11340.1. (a) The Legislature therefore
declares that it is in the public interest to establish an Office of
Administrative Law which shall be charged with the orderly review of
adopted regulations. It is the intent of the Legislature that the
purpose of such this review shall be to
reduce the number of administrative regulations and to improve the
quality of those regulations which are adopted. It is the intent of
the Legislature that agencies shall actively seek to reduce the
unnecessary regulatory burden on private individuals and entities by
substituting performance standards for prescriptive standards
wherever performance standards can be reasonably expected to be as
effective and less burdensome, and that this substitution shall be
considered during the course of the agency rulemaking process. It is
the intent of the Legislature that neither the Office of
Administrative Law nor the court should substitute its judgment for
that of the rulemaking agency as expressed in the substantive content
of adopted regulations. It is the intent of the Legislature that
while the Office of Administrative Law will
shall be part of the executive branch of state government, that
the office work closely with, and upon request report directly to,
the Legislature in order to accomplish regulatory reform in
California.
(b) It is the intent of the Legislature that the California Code
of Regulations made available on the Internet by the office pursuant
to Section 11344 11790.45 include
complete authority and reference citations and history notes.
SEC. 12. Section 11344 of the Government Code is amended to read:
11344. The office shall do all of the following:
(a) Provide for the official compilation, printing, and
publication of adoption, amendment, or repeal of regulations, which
shall be known as the California Code of Regulations. On and
after July 1, 1998, the office shall make available on the Internet,
free of charge, the full text of the California Code of Regulations,
and may contract with another state agency or a private entity in
order to provide this service.
(b) Provide for the compilation, printing, and publication of
weekly updates of the California Code of Regulations. This
publication shall be known as the California Regulatory Code
Supplement and shall contain amendments to the code.
(c) Provide for the publication dates and manner and form in which
regulations shall be printed and distributed and ensure that
regulations are available in printed form at the earliest practicable
date after filing with the Secretary of State.
(d) Ensure that each regulation is printed together with a
reference to the statutory authority pursuant to which it was enacted
and the specific statute or other provision of law which the
regulation is implementing, interpreting, or making specific.
SEC. 13. Section 11711 of the Government Code is amended to read:
11711. The director shall be responsible for all of the
following:
(a) Developing plans and policies to support and promote the
effective application of information technology within state
government as a means of saving money, increasing employee
productivity, and improving state services to the public, including
public electronic access to state information.
(b) Overseeing the management of information technology in state
agencies, the development and management of information technology
projects, and the acquisition of information technology
, to ensure compliance with statewide strategies,
policies, and standards.
(c) Preparing annual reports to the Governor and the Legislature
as to the status and result of the state's specific information
technology plans.
(d) Developing and maintaining a computer based file, for use by
the department and the Legislature, of all information technology
projects for which a feasibility study report has been approved.
(e) Recommending to the Governor and Legislature changes needed in
state policies and laws to accomplish the purposes of this chapter.
(f) Identifying which applications of information technology
should be statewide in scope, and ensure that these applications are
not developed independently or duplicated by individual state
agencies.
(g) Establishing policies and procedures, where appropriate, to
ensure that major projects are scheduled and funded in phases and
that authority to proceed to the next phase of a project will be
contingent upon successful completion of the prior phase. The
policies and procedures to be developed by the director shall include
the identification of one or more specific results deliverable for
each phase that will provide the basis for assessing the extent to
which a phase has been completed successfully.
(h) Managing the California Internet Portal Management Authority,
pursuant to Article 3 (commencing with Section 11790.15) of Chapter
7.5.
SEC. 14. Chapter 7.5 (commencing with Section 11790) is added to
Division 3 of Title 2 of the Government Code, to read:
CHAPTER 7.5. CALIFORNIA ELECTRONIC GOVERNMENT AND INFORMATION
ACT
Article 1. General Provisions
11790. This chapter shall be known and may be cited as the
California Electronic Government and Information Act.
11790.2. The Legislature finds and declares that the use of
internet technology can provide more efficient and effective delivery
of services to the citizens of the State of California.
11790.3. The Legislature declares that it is the purpose of this
chapter to establish an effective public infrastructure at the state
and local levels. It is further declared to be the purpose of this
chapter to increase through broader infrastructure enhancements the
actionable data and information available to enhance services to the
citizens of the State of California.
11790.4. It is the intent of the Legislature in enacting this
chapter to do all of the following:
(a) Encourage the creation of uniform standards and policies for
the use of Internet technology by state agencies and departments.
(b) Maximize the cost savings associated with use of enterprise
systems to create a more efficient and effective state government.
(c) Improve the provision of services to individuals, by promoting
the ability to access government through internet technology in
order to conduct business with state agencies, departments, and
boards.
(d) Provide tools to state departments to encourage the
development of enterprise systems to improve current business
practices and develop new internal business models for the state.
(e) Protect the privacy of Californians through the use of
advanced digital signature and encryption technologies.
11790.5. Except as specifically provided, this chapter shall not
impact any obligations of the state or its citizens provided under
the Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1).
11790.6. Except as specifically provided, this chapter shall not
impact any obligations of the state or its citizens provided under
the Information Practices Act (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code).
11790.7. Unless the provision or context requires otherwise, the
following definitions shall govern the construction of this chapter:
(a) "Domain" shall mean any globally unique address space, or
hierarchical reference to an internet host or service, assigned
through centralized internet naming authorities, occupied by the
State of California on the internet or any address that is identified
as the property of the state, including, but not limited to, any
address combination comprising a series of character strings
separated by periods, with the rightmost character string specifying
the top of the hierarchy that includes "ca.gov."
(b) "Internet" means the global information system that is
logically linked together by a globally unique address space based on
the Internet Protocol (IP), or its subsequent extensions, and that
is able to support communications using the Transmission Control
Protocol/Internet Protocol (TCP/IP) suite, or its subsequent
extensions, or other IP-compatible protocols, and that
provides, uses, or makes accessible,
either publicly or privately, high level services layered on the
communications and related infrastructure described in this
subdivision.
(c) "State agencies" shall include all state agencies,
departments, boards, constitutional officers, and any other entity,
except for the legislative and judicial branches, which as of January
1, 2000, had identified themselves on the Internet as part of the
domain of the State of California.
Article 2. Internet Domain
11790.10. There shall be only one domain of the State of
California on the Internet.
11790.11. The domain shall include all state agencies, the
legislative and judicial branches, and all entities that, as of
January 1, 2000, had been identified on the Internet as part of the
domain of the State of California.
11790.12. The domain shall be administered by the California
Internet Portal Management Authority.
Article 3. California Internet Portal Management Authority
11790.15. The California Internet Portal Management Authority is
hereby established in the Department of Information Technology.
11790.16. The authority shall be responsible for administering,
managing, maintaining, and establishing policies for the use of,
California's domain on the Internet.
11790.17. The authority shall operate as a division of the
Department of Information Technology in all matters not addressed by
this chapter.
11790.18. The Chief Information Officer of the State of
California shall act as director of the authority.
11790.19. No state agency, except the Secretary of State as
provided by this chapter, may post information on the Internet unless
a proposal for posting has been approved by the authority in
accordance with the criteria established pursuant to this chapter.
11790.20. The authority shall develop technical criteria and
policies for the approval and denial of proposed postings on the
Internet.
11790.21. The authority shall determine no later than 10 business
days after submission whether or not the proposal for posting meets
the technical criteria and policies developed.
11790.22. The authority may not deny the posting of information
based on the nontechnical content of the proposal, except as
otherwise directed by this article.
11790.23. (a) The authority may deny the posting of information
should the proposal of the state agency fail to include any content
provisions as required by Article 6 (commencing with Section
11790.50).
(b) The failure to include any content provisions as required by
Article 6 (commencing with Section 11790.50), within the information
proposed by a state agency once posted on the Internet shall be the
sole responsibility of the state agency that requested posting on the
domain.
11790.24. All nontechnical content of information proposed by a
state agency once posted on the Internet shall be owned and shall be
the sole responsibility of the state agency that requested posting on
the domain.
11790.25. The authority may post information on the Internet on
behalf of any state agency, with or without the prior approval of
that agency, if the authority is implementing the policy
recommendations of the Electronic Government Task Force, acting
within the guidelines of technical criteria and policies established
for the approval and denial of proposals, fulfilling the requirements
of this chapter, conforming to a federal standard, or acting in
response to a change in statute.
11790.26. The authority shall post information on the Internet,
or direct a state agency to post information on the Internet, should
there be an appropriation in the annual Budget Act directing the
posting of specific content on the Internet.
11790.27. The authority shall post all information on the
Internet developed by the Legislative Counsel pursuant to Section
10248. Should the Legislative Counsel propose technical content not
consistent with authority posting policies, the authority shall
advise the Legislative Counsel by letter as to alternative
technologies available and the impact on the budget of the
Legislative Counsel to properly maintain the information posted under
the current and any alternative technical systems.
11790.28. (a) The authority shall submit a quarterly letter to
the Joint Legislative Budget Committee with a complete listing of all
proposals submitted, the determination made by the authority, the
cost of implementing and maintaining each proposal, and the
enterprise solutions associated with each proposal.
(b) The authority shall submit a quarterly letter to the Joint
Legislative Budget Committee with a complete listing of all proposals
generated as a result of the annual Budget Act as well as all
requests submitted by individual legislators, the cost of
implementing and maintaining each proposal, and the enterprise
solutions associated with each proposal.
11790.29. All information posted on the Internet prior to the
establishment of the authority shall be considered approved by the
authority until June 30, 2002, or until the authority receives a
proposal to replace information posted on the Internet, whichever is
earlier.
11790.30. The authority shall implement the enterprise system
policy recommendations of the Electronic Government Task Force, made
pursuant to Section 11790.40, no later than December 31, 2002.
11790.31. The Chief Information Officer may issue rules and
regulations in order to implement or administer the provisions of
this chapter.
Article 4. Electronic Government Task Force
11790.35. The Chief Information Officer shall convene an
Electronic Government Task Force made up of individuals from within
state government, as determined by the Chief Information Officer.
11790.36. The task force shall convene a business advisory
council made up of individuals from the private sector
well-acquainted with Internet technology, as determined by the Chief
Information Officer, and shall meet no less than twice a year.
11790.37. The task force shall develop a strategic plan for the
development of a policy to create an enterprise system environment
for all electronic government initiatives and present this plan to
the authority no later than November 1, 2001.
Article 5. Internet Posting Requirements and Restrictions
11790.40. (a) On or after July 1, 2001, unless otherwise
authorized by the Department of Information Technology pursuant to
Executive Order D-3-99, every state agency, including the California
State University, that utilizes any method, device, identifier, or
other data base application on the Internet to electronically collect
personal information, as defined in subdivision (d), regarding any
user shall prominently display the following at at least one
anticipated initial point of communication with a potential user, to
be determined by each agency, and in instances when the specified
information would be collected:
(1) Notice to the user of the usage or existence of the
information gathering method, device, identifier, or other data base
application.
(2) Notice to the user of the type of personal information that is
being collected and the purpose for which the collected information
will be used.
(3) Notice to the user of the length of time that the information
gathering device, identifier, or other data base application will
exist in the user's hard drive, if applicable.
(4) Notice to the user that he or she has the option of having his
or her personal information discarded without reuse or distribution,
provided that the appropriate agency official or employee is
contacted after notice is given to the user.
(5) Notice to the user that any information acquired by the state
agency, including the California State University, is subject to the
limitations set forth in the Information Practices Act of 1977 (Title
1.8 (commencing with Section 1798) of Part 4 of Division 3 of the
Civil Code).
(6) Notice to the user that state agencies shall not distribute or
sell any electronically collected personal information, as defined
in subdivision (d), about users to any third party without the
permission of the user.
(7) Notice to the user that electronically collected personal
information, as defined in subdivision (d), is exempt from requests
made pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
(8) The title, business address, telephone number, and electronic
mail address, if applicable, of the agency official who is
responsible for records requests, as specified by subdivision (b) of
Section 1798.17 of the Civil Code, or the agency employee designated
pursuant to Section 1798.22 of that code, as determined by the
agency, who is responsible for ensuring that the agency complies with
requests made pursuant to this section.
(b) A state agency shall not distribute or sell any electronically
collected personal information about users to any third party
without prior written permission from the user, except as required to
investigate possible violations of Section 502 of the Penal Code or
as authorized under the Information Practices Act of 1977 (Title 1.8
(commencing with Section 1798) of Part 4 of Division 3 of the Civil
Code). Nothing in this subdivision shall be construed to prohibit a
state agency from distributing electronically collected personal
information to another state agency or to a public law enforcement
organization in any case where the security of a network operated by
a state agency and exposed directly to the Internet has been, or is
suspected of having been, breached.
(c) A state agency shall discard without reuse or distribution any
electronically collected personal information, as defined in
subdivision (d), upon request by the user.
(d) For purposes of this section:
(1) "Electronically collected personal information" means any
information that is maintained by an agency that identifies or
describes an individual user, including, but not limited to, his or
her name, social security number, physical description, home address,
home telephone number, education, financial matters, medical or
employment history, password, electronic mail address, and
information that reveals any network location or identity, but
excludes any information manually submitted to a state agency by a
user, whether electronically or in written form, and information on
or relating to individuals who are users serving in a business
capacity, including, but not limited to, business owners, officers,
or principals of that business.
(2) "User" means an individual who communicates with a state
agency or with an agency employee or official electronically.
(e) Nothing in this section shall be construed to permit an agency
to act in a manner inconsistent with the standards and limitations
adopted pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1) or the
Information Practices Act of 1977 (Title 1.8 (commencing with Section
1798) of Part 4 of Division 3 of the Civil Code).
11790.41. (a) No state or local agency shall post the home
address or telephone number of any elected or appointed official on
the Internet without first obtaining the written permission of that
individual.
(b) Nothing in this section shall be construed to prohibit a state
or local agency from maintaining a searchable internet data base, as
long as the home addresses or telephone numbers of elected or
appointed officials cannot be accessed through that data base by a
search for title or position.
(c) For purposes of this section "elected or appointed official"
includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(11) City attorneys.
(12) Police chiefs and sheriffs.
11790.42. (a) All state agencies that have internet websites
shall implement this section in a manner that is consistent with the
statewide strategy for electronic commerce as established by the
Department of Information Technology.
(b) State agencies shall make available on the internet, on or
after July 1, 2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99, a
plain-language form through which individuals can register complaints
or comments relating to the performance of that agency. The agency
shall provide instructions on filing the complaint electronically, or
on the manner in which to complete and mail the complaint form to
the state agency, or both, consistent with whichever method the
agency establishes for the filing of complaints.
(c) Any printed complaint form used by a state agency as part of
the process of receiving a complaint against any licensed individual
or corporation subject to regulation by that agency shall be made
available by the agency on the internet on or after July 1, 2001,
unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99. The agency shall
provide instructions on filing the complaint electronically, or on
the manner in which to complete and mail the complaint form to the
state agency, or both, consistent with whichever method the agency
establishes for the filing of complaints.
(d) State agencies making a complaint form available on the
internet shall, to the extent feasible:
(1) Advise individuals calling the state agency to lodge a
complaint of both of the following:
(A) The availability of the complaint form on the internet.
(B) That many public libraries provide internet access.
(2) Include on the Internet the location at which this information
may be accessed in the telephone directory in order that citizens
will be aware that they may contact the state agency via the internet
or by telephone.
(e) Public libraries, to the extent permitted through donations
and other means, may do each of the following:
(1) Provide Internet access to their patrons.
(2) Advertise that they provide internet access.
(f) Notwithstanding subdivision (a) of Section 11000, the term
"state agency" as used in this section includes the California State
University.
(g) It is the intent of the Legislature that this section shall
not apply to the Reporting of Improper Governmental Activities Act
(Article 3 (commencing with Section 8547) of Chapter 6.5) or the
procedures established to investigate citizens' complaints against
peace officers as required by Section 832.5 of the Penal Code.
(h) Any reference in code or regulation to the Citizen Complaint
Act of 1997 shall be construed to refer to this section.
11790.43. (a) All state agencies that have internet websites
shall, to the best of their ability, implement this section in a
manner that is consistent with the statewide strategy for electronic
commerce as established by the Department of Information Technology.
(b) State agencies may make available on the internet a listing of
all grants administered by that agency, which shall provide
instructions on filing grant applications electronically, or on the
manner in which to download, complete, and mail grant applications to
the state agency, or both, consistent with whichever method the
agency establishes for the filing of grant applications.
(c) Each state agency may make any printed grant application form
used by the agency to award grants that are subject to administration
by that agency available on the Internet, and shall provide the
instructions specified in subdivision (b).
(d) State agencies making grant application forms available on the
Internet shall, to the extent feasible, advise individuals calling
the state agency for information about a grant program of both of the
following:
(1) The availability of grant information on the internet.
(2) That many public libraries provide internet access.
(e) Each state agency posting a listing of grants administered by
that agency pursuant to subdivision (b) shall include an executive
summary of each grant as part of that listing that includes, but is
not limited to, all of the following:
(1) The title of the grant opportunity and grant identification
number.
(2) A brief description of the request for proposals (RFP) or
request for assistance (RFA).
(3) Grant eligibility requirements.
(4) Geographic limitations, if any.
(5) Description of the total available grant funding, the number
of awards, and the amounts per award.
(6) Period of time covered by the grant.
(7) Date the request for proposals (RFP) or request for assistance
(RFA) is issued.
(8) Deadline for proposals to be submitted.
(9) Internet address for electronic submission, when appropriate.
(10) Contact information.
(f) (1) Notwithstanding subdivision (a) of Section 11000, "state
agency" as used in this section includes the office of the Chancellor
of the California State University, but does not include any
individual campus of the California State University or any auxiliary
enterprise affiliated with the California State University.
(2) This chapter shall only apply to the office of the Chancellor
of the California State University if the decision to award or not to
award funds to an individual or entity filing a grant application is
under the control of the office of the Chancellor of the California
State University. This chapter shall not apply to opportunities
available solely to the campuses of the California State University
and auxiliary enterprises affiliated with the California State
University to apply for funds to the office of the Chancellor of the
California State University.
(g) "Grant" as used in this section, means a solicited or
unsolicited proposal, including, but not limited to, a request for
proposals (RFP) and a request for applications (RFA), to furnish
assistance to another entity so that the latter may carry out its own
program. The term shall not include the procurement of goods or
services for a state agency nor the acquisition, construction,
alteration, improvement, or repair of real property for a state
agency.
(h) This section shall not be implemented until July 1, 2001,
unless otherwise authorized by the Department of Information
Technology pursuant to Executive Order D-3-99.
(i) Any reference in statute or regulation to the Grant
Information Act of 1999 shall be construed to refer to this section.
11790.44. All state agencies shall promptly submit proposals to
the authority allowing for the rapid posting of information on the
Internet pursuant to the requirements of the Bagley-Keene Open
Meeting Act (Art. 9 (commencing with Sec. 11125), Ch. 1).
11790.45. The Office of Administrative Law shall promptly submit
a comprehensive proposal for the posting and maintenance of the full
text, amendments to, and repeal of, the California Code of
Regulations and the California Regulatory Code Supplement on the
Internet.
Article 6. Digital Signatures
11790.50. In the utilization of the California domain or in any
written communication with a public entity, as defined in Section
811.2, in which a signature is required or used, any party to the
communication may affix a signature by use of a digital signature
that complies with the requirements of this article.
11790.51. The use of a digital signature shall have the same
force and effect as the use of a manual signature if and only if it
embodies all of the following attributes:
(a) It is unique to the person using it.
(b) It is capable of verification.
(c) It is under the sole control of the person using it.
(d) It is linked to data in such a manner that if the data are
changed, the digital signature is invalidated.
(e) It conforms to regulations adopted pursuant to this article.
11790.52. (a) By January 1, 2002, the authority shall adopt
regulations for the use of digital signatures by state agencies.
(b) Prior to the adoption of regulations by the authority, those
regulations adopted by the Secretary of State prior to January 1,
1997, shall apply.
11790.53. The authority may issue specific rules and regulations
for applicable uses, permitted uses, or the appropriate requirements
for the use of digital signatures by state agencies.
11790.54. The authority may require a public entity to use
digital signatures in the utilization of the California domain.
Article 7. Electronic Payments
11790.60. The authority shall develop rules and regulations that
authorize public entities to accept, in lieu of payment by cash or
check, payment by electronic means for any tax, assessment, rate,
fee, charge, rent, interest, penalty, or any other account receivable
by November 1, 2001.
11790.61. The authority shall confer with the Treasurer and
Controller prior to issuing new rules and regulations on electronic
payment.
11790.62. It is the intent of the Legislature that departments
absorb fees or charges associated with the use of electronic payment
when feasible. However, the authority shall determine criteria and
circumstances under which departments may require a debtor who pays
by electronic payment to pay any fee or charge associated with the
use of electronic payment.
SEC. 15. Section 14825.1 of the Government Code is amended to
read:
14825.1. The California State Contracts Register shall be
published not less than twice a month and shall include information
deemed appropriate by the Department of General Services ,
and . The register shall include all of the
following:
(a) Contract identification number.
(b) A description of the contract to be performed.
(c) All deadlines for submitting bid proposals or other required
steps in the contract process, including the location and estimated
duration of the contract where appropriate.
(d) Any eligibility requirements and preferences.
(e) Department, name, and telephone number of the person or
persons to contact for further bid and submittal information.
The department may make the register available to the general
public electronically through a computer-accessed service.
SEC. 16. Section 25534.06 of the Health and Safety Code is amended
to read:
25534.06. (a) A city or county that adopts, amends, or repeals an
ordinance related to the regulation of regulated substances pursuant
to this article shall do so at a public meeting for which notice has
been given in a newspaper of general circulation that is published
and circulated in the affected city or county, and the city or county
shall state in the ordinance the reasons for adopting, amending, or
repealing the ordinance.
(b) A city or county required to provide notice pursuant to
subdivision (a) may, in addition to publishing the notice in a
newspaper of general circulation, submit the notice to the California
Environmental Protection Agency, which shall submit a proposal
to the California Internet Portal Management Authority to post
that notice on the Internet at a location established for notices
that may be posted pursuant to this subdivision.
(c) The California Environmental Protection Agency shall not
implement subdivision (b) until July 1, 2001, unless otherwise
authorized to do so on an earlier date, in accordance with a process
for considering exemptions established by the Year 2000 Executive
Committee, pursuant to Executive Order D-3-99.
SEC. 17. Section 12921.15 of the Insurance Code is amended to
read:
12921.15. On or before July 1, 1999, the commissioner shall
prepare a written report, to be made available by the department to
interested individuals upon written request , that
details complaint and enforcement information on individual insurers
in accordance with guidelines established under paragraph (5) of
subdivision (a) of Section 12921.1. The report shall be made
available by mail through the department's consumer toll-free
telephone number and through the department's Internet website and
transmitted via electronic mail if the individual has the ability to
obtain the report in this manner. No complaint information
shall be included in the report required by this section that has
not been provided to the insurer in accordance with subdivision (c)
of Section 12921.1.
SEC. 18. Section 311.5 of the Public Utilities Code is amended to
read:
311.5. (a) (1) Prior to commencement of any
meeting at which commissioners vote on items on the public agenda the
commission shall make available to the public copies of the agenda,
and upon request, any agenda item documents that are proposed to be
considered by the commission for action or decision at a commission
meeting.
(2)
(b) In addition, the commission shall publish the agenda,
agenda item documents, and adopted decisions in a manner that makes
copies of them easily available to the public , including,
commencing publishing those documents on the Internet on or after
July 1, 2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99.
Publication of the agenda and agenda item documents shall occur on
the Internet at the same time as the written agenda and agenda item
documents are made available to the public.
(b) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish and maintain all of its
decisions and resolutions on the Internet. That publication shall
occur within 10 days of the adoption of a decision or resolution by
the commission.
(c) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish at its Internet site the
then-current version of its general orders and Rules of Practice and
Procedure.
(d) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish and maintain all of its rulings
on the Internet. The commission shall maintain
those rulings at its site until final
disposition, including disposition of any judicial appeals, of the
respective proceedings in which the rulings were issued.
(e) On or after July 1, 2001, unless otherwise authorized by the
Department of Information Technology pursuant to Executive Order
D-3-99, the commission shall publish and maintain a docket card that
shall list, by title and date of filing or issuance, all documents
filed and all decisions or rulings issued in those proceedings on the
Internet. The commission shall maintain the docket card until final
disposition, including disposition of any judicial appeals, of the
corresponding proceedings .
SEC. 19. Section 324.5 of the Public Utilities Code is amended to
read:
324.5. (a) The Public Utilities Commission shall publish any data
it collects for its clearinghouse minority and women business data
base that it deems to be nonconfidential, including, but not limited
to, company name, address, telephone number, fax number, point of
contact, federal Standard Industrial Classification (SIC) code,
ethnicity code, gender code, and business description, for use by
governmental agencies and the public who request the information.
Publication of the data base shall be done on a semiannual basis and
shall be made available in hardcopy and softcopy (computer
disk). The data base shall also be made available electronically via
a computer-accessed bulletin board service (BBS)
written and electronic forms .
(b) The commission may impose fees on the requesters of
information commensurate with its cost to publish, duplicate, or
provide computer access to the data base.