BILL NUMBER: AB 2100 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 15, 2000
AMENDED IN ASSEMBLY MAY 4, 2000
AMENDED IN ASSEMBLY MARCH 29, 2000
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, 6276.26, 11340.1, 11344, 11711,
11726, and 14825.1 of, to add Chapter 7.5 (commencing with
Section 11790) to Part 1 of 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 amended, 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 designate the
Department of Information Technology , under the direction
of the Chief Information Officer. It would set forth the duties of
the authority in as the state agency responsible for
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 prohibit a state agency other
than the Secretary of State from establishing a location to
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 unless the proposal for posting and a
complete checklist stating the posting's proposed location on the
Internet and other information is forwarded to the department .
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 require
the department to develop technical criteria and policies for
proposed postings on the Internet and to create a checklist using
this criteria. The bill would require the department to make a
determination and notify a state agency within 10 business days after
submission whether or not the proposal for posting meets statutory
or administrative requirements . 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.
SEC. 2. Section 2027 of the Business and Professions Code is
repealed.
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 the California Electronic Government and
Information Act (Chapter 7.5 (commencing with Section 11790) of
Division 3 of Title 2 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. "Digital signature" means an electronic identifier 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 the California Electronic
Government and Information Act (Chapter 7.5 (commencing with Section
11790) of Division 3 of Title 2 of the Government Code), received,
collected, or compiled by a state agency.
SEC. 6. Section 6254.21 of the Government Code is repealed.
SEC. 6.5. Section 6276.26 of the Government Code is amended to
read:
6276.26. Improper obtaining or distributing of information from
Department of Motor Vehicles, Sections 1808.46 and 1808.47, Vehicle
Code.
Improper governmental activities reporting, confidentiality of
identity of persons providing information, Section 8547.5, Government
Code.
Improper governmental activities reporting, disclosure of
information, Section 8547.6, Government Code.
Industrial accident reports, confidentiality of information,
Section 129, Labor Code.
Industrial loan companies, confidentiality of financial
information, Section 18496, Financial Code.
Industrial loan companies, confidentiality of investigation and
examination reports, Section 18394, Financial Code.
In forma pauperis litigant, rules governing confidentiality of
financial information, Section 68511.3, Government Code.
Initiative, referendum, recall, and other petitions,
confidentiality of names of signers, Section 6253.5, Government Code.
Inspector General, Youth and Adult Correctional Agency,
confidentiality of records of employee interviews, Section 6127,
Penal Code.
Insurance claims analysis, confidentiality of information, Section
1875.16, Insurance Code.
Insurance Commissioner, confidential information, Sections 735.5,
1077.3, and 12919, Insurance Code.
Insurance Commissioner, informal conciliation of complaints,
confidential communications, Section 1858.02, Insurance Code.
Insurance Commissioner, information from examination or
investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3,
Insurance Code.
Insurance Commissioner, report to Legislature, confidential
information, Section 12961, Insurance Code.
Insurance Commissioner, writings filed with nondisclosure, Section
855, Insurance Code.
Insurance fraud reporting, information acquired not part of public
record, Section 1873.1, Insurance Code.
Insurance Holding Company System Regulatory Act, examinations,
Section 1215.7, Insurance Code.
Insurance licensee, confidential information, Section 1666.5,
Insurance Code.
Insurer application information, confidentiality of, Section
925.3, Insurance Code.
Insurer financial analysis ratios and examination synopses,
confidentiality of, Section 933, Insurance Code.
Insurer, request for examination of, confidentiality of, Section
1067.11, Insurance Code.
Integrated Waste Management Board information, prohibition against
disclosure, Section 45982, Revenue and Taxation Code.
Internet Security Policy guidelines, Section 11790.31, Government
Code.
Intervention in regulatory and ratemaking proceedings, audit of
customer seeking and award, Section 1804, Public Utilities Code.
Investigative consumer reporting agency, limitations on furnishing
an investigative consumer report, Section 1786.12, Civil Code.
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.
SEC. 10. Section 11018.5 of the Government Code is repealed.
SEC. 11. Section 11340.1 of the Government Code is amended to
read:
11340.1. (a) The Legislature 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 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 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 the California Electronic Government and Information Act (Chapter
7.5 (commencing with Section 11790)) 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.
(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,
(h) Administering, managing, maintaining, and establishing
policies regarding the technical use of the Internet domain of the
State of California pursuant to the California Electronic
Government and Information Act (Chapter 7.5 (commencing with Section
11790)).
SEC. 13.5. Section 11726 of the Government Code is amended to
read:
11726. Feasibility study reports, special project reports, and
postimplementation evaluation reviews for information technology
projects, if and when required, shall include in the front of the
document a summary disclosing the following information:
(a) For feasibility study reports, the estimated project cost and
benefits for the selected solution, the estimated start and
completion dates, and the estimated number of months required to
implement the project.
(b) For special project reports, the original estimates of cost,
benefits, and schedule, the new estimates of cost, benefits and
schedule, and where applicable, the estimated cost, benefits and
schedule reflected in the most recent special project report.
(c) For postimplementation evaluation reports, an analysis of the
original estimated versus actual costs, benefits, and schedule.
(d) When appropriate, feasibility study reports, special project
reports, and postimplementation evaluation reports shall include
completed checklists as developed by the Department of Information
Technology pursuant to the California Electronic Government and
Information Act (Chapter 7.5 (commencing with Section 11790)).
SEC. 14. Chapter 7.5 (commencing with Section 11790) is added to
Part 1 of 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, and promote
the ability of citizens to access government through Internet
technology in order to conduct routine business with state agencies
by providing for all of the following:
(1) Payment by electronic means of fees, taxes, registrations, and
permits.
(2) Application for permits, licenses, grants, and other services.
(3) Posting of public records and information for public perusal.
(d) Provide tools to state agencies 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 and the state's electronic
infrastructure through the use of advanced digital signature and
encryption technologies.
(f) Remove sole technical responsibility from state agencies when
developing a presence on the Internet and when interfacing with the
state Internet Portal Department of
Information Technology , while enabling each state agency to
manage and maintain content on the Internet effectively
and efficiently content on the Internet without
having to seek approval continually from a central authority.
11790.5. It is not the intent of the Legislature to create a
central authority to review the content proposed for posting on the
Internet by state agencies, except as required by statute. It is
further not the intent of the Legislature to require state agencies
to apply, propose for posting, or make a formal request to a central
authority for access to the Internet on the sole basis of the content
proposed or of changes to existing content.
11790.6. Nothing in this chapter nor in any other provision of
law providing for electronic transactions between or among state
agencies shall be construed to imply that existing rights of privacy
provided under any other provision of law are abrogated, surrendered,
or diminished because a transaction or any other function of
government is performed electronically.
11790.7. 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.
11790.8. 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) or
the State Records Management Act (Chapter 5 (commencing with Section
14740) of Part 5.5) .
11790.7.
11790.9. Unless the provision or context requires
otherwise, the following definitions shall govern the construction of
this chapter:
(a) "Department" means the Department of Information
Technology.
(b) "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)
(c) "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)
(d) "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.
Department of Information Technology.
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 rules, regulations, technical criteria, or portions of the
enterprise plan established by the Electronic Government Task Force.
11790.15. The Department of Information Technology shall be
responsible for administering, managing, maintaining, and
establishing policies regarding the technical use of the Internet
domain of the State of California.
11790.16. The department shall develop technical criteria and
policies for proposed postings on the Internet.
11790.17. The department shall create and make available to all
state agencies a checklist associated with the technical criteria and
policies established by this chapter.
11790.18. The checklist required pursuant to Section 11790.17
shall include existing statutory requirements and rules and
regulations developed in response to statutory requirements,
including all of the following:
(a) Technical criteria and policies developed by the department.
(b) Enterprise system recommendations of the Electronic Government
Task Force.
(c) Internet posting and privacy requirements and restrictions,
digital signature regulations, and electronic payment rules and
regulations.
11790.19. No state agency, except the Secretary of State as
provided by the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000), may establish a location to post information on
the Internet unless both a proposal for posting and a completed
checklist have been forwarded to the Department of Information
Technology. The proposal and ckecklist shall state the posting's
proposed location on the Internet and its compliance with the
criteria established pursuant to this chapter.
11790.20. The department may make a determination and shall
notify a state agency no later than 10 business days after submission
whether or not the proposal for posting information on the Internet
meets statutory requirements or the rules or regulations developed in
accordance with this chapter.
11790.22. (a) The authority department
may not deny the posting of information based on the
nontechnical content of the proposal, except as otherwise directed by
this article chapter .
(b) Proposals for posting shall include provisions for the
continued maintenance of content, when appropriate.
(c) The authority department shall
determine the ongoing parameters and technical rules for each
proposal that contemplates the maintenance of content on the
Internet.
11790.23. (a) The authority department
may deny the posting of information should the proposal of the
state agency fail to include any content provisions as required by
Article 5 (commencing with Section 11790.40).
this chapter, or as otherwise directed by statute or in the annual
Budget Act.
(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
11790.25. A state agency shall 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
department shall approve for posting 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 department
posting policies, the authority department
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 department
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
department , the cost of implementing and maintaining each
proposal, and the enterprise solutions associated with each proposal.
(b) The authority department 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 department
shall be considered approved by the authority
department until June 30, 2002, or until the
authority department receives a
proposal to replace information posted on the Internet or the
authority department implements
enterprise system policy requirements pursuant to this chapter,
whichever is earliest.
11790.30. The authority department
shall implement the enterprise system policy recommendations of the
Electronic Government Task Force, made pursuant to Section 11790.37,
no later than December 31, 2002.
11790.31. (a) The authority department
shall develop an Internet Security Policy and issue guidelines
for its implementation no later than December 31, 2002.
(b) The authority department shall
not approve any submitted proposals for posting that do not conform
to the Internet security policy.
(c) While the Internet security policy shall be a matter of public
record, the guidelines developed according to this section to
implement the policy shall be exempt from the California Public
Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1).
11790.32. 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. (a) 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.
(b) The task force shall solicit public input during development
of the strategic plan.
(c) The task force may meet at any time to update the strategic
plan upon call of the Chief Information Officer.
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 December 31, 2001.
Article 5. Internet Posting and Privacy Requirements and
Restrictions
11790.40. The authority department
shall not approve for posting any proposal that does not include
direct access to a plain-language privacy policy or to any notice
required by this article.
11790.41. Every state agency that utilizes any method, device,
identifier, or other data base application on the Internet to
electronically collect personal information, as defined in Section
11790.49, regarding any user shall include in every proposal for
posting on the Internet a prominent display of the following
instances when the information specified would be collected.
collected:
(a) Notice to the user of the usage or existence of the
information gathering method, device, identifier, or other data base
application.
(b) 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.
(c) 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.
(d) 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.
(e) 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).
(f) Notice to the user that state agencies shall not distribute or
sell any electronically collected personal information, as defined
in Section 11749, about users to any third party without the
permission of the user.
(g) Notice to the user that electronically collected personal
information, as defined in Section 11790.49, 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).
(h) 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.
11790.42. 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 section 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.
11790.43. A state agency shall discard without reuse or
distribution any electronically collected personal information, as
defined in subdivision (d), upon request by the user.
11790.44. (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.
11790.45. (a) State agencies shall submit proposals for posting
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.
(b) 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
submitted by the agency as a proposal for posting 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.
(c) 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.
(d) Any reference in code or regulation to the Citizen Complaint
Act of 1997 shall be construed to refer to this section.
11790.46. (a) State agencies shall submit proposals for posting
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 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.
(b) Each state agency shall include in its proposal for posting a
listing of grants administered by that agency pursuant to subdivision
(a), shall 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 (a).
(c) Each state agency shall include in its proposal for posting a
listing of grants administered by that agency pursuant to subdivision
(a) and 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.
(d) "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.
(e) Any reference in statute or regulation to the Grant
Information Act of 1999 shall be construed to refer to this section.
11790.47. All state agencies shall promptly submit proposals to
the authority department allowing for
the rapid posting of information on the Internet pursuant to the
requirements of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11125) of Chapter 1).
11790.48. 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.
11790.49. For purposes of this article:
(a) "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.
(b) "User" means an individual who communicates with a state
agency or with an agency employee or official electronically.
11790.50. Nothing in this article 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).
Article 6. Digital Signatures
11790.55. 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.
11790.56. 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.
11790.57. (a) By January 1, 2002, the authority
department shall adopt regulations for the use
of digital signatures by state agencies.
(b) Prior to the adoption of regulations by the authority
department , those regulations adopted by the
Secretary of State prior to January 1, 1997, shall apply.
11790.58. The authority department
may issue specific rules and regulations for applicable uses,
permitted uses, or the appropriate requirements for the use of
digital signatures by state agencies.
11790.59. The authority department
may require a public entity to recognize adopted digital signature
regulations, or recognize their use in the Internet security policy
in the utilization of the California domain.
Article 7. Electronic Payments
11790.66. (a) The authority department
shall adopt 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 December 31,
2001.
(b) The authority department shall
receive from the Controller on or before November 1, 2001, guidelines
for the adoption of rules and regulations pursuant to subdivision
(a).
(c) The Controller shall establish guidelines for the methods and
processes for the receipting, disbursing, and accounting of all state
moneys by any method. These methods shall include, but are not
limited to, transactions by paper, electronic means, and by
third-party processors. The guidelines for the use of warrants also
may include the use of automated clearing house methods, financial
electronic data interchange, emerging electronic payments, or
industry accepted transactions associated with electronic commerce or
any other electronic processing of payments, through the banking and
finance system as established and regulated by the federal Treasury
Department.
(d) State agencies that are recipients of state or federal moneys
or both state and federal moneys must shall
establish procedures to receive these payments electronically
in compliance with subdivision (a) by December 31, 2002, if
electronic payments are requisite components of any proposal for
posting or the execution of the enterprise system plan.
11790.67. The authority department
shall confer with the Controller 60 days prior to amending any
adopted rules or regulations on electronic payment.
11790.68. State agencies shall absorb fees or charges associated
with the use of electronic payment when feasible. However, the
authority department shall determine
criteria and circumstances under which state agencies may require a
debtor who pays by electronic payment to pay any fee or charge
associated with the use of electronic payments, as long as these fees
or charges are limited to charges associated with
incurred as a result of Section 11790.66.
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. 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.
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
Department of Information Technology 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, that details complaint and enforcement
information on individual insurers in accordance with guidelines
established under paragraph (5) of subdivision (a) of Section
12921.1. 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) 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.
(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.
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 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.