2005 California Government Code Sections 11792-11794 Article 2. Stephen P. Teale Data Center

GOVERNMENT CODE
SECTION 11792-11794

11792.  (a) There is in the Business, Transportation and Housing
Agency the Stephen P. Teale Data Center.
   (b) (1) The data center shall be under the supervision of a data
center director who shall be appointed by the Governor, subject to
confirmation by the Senate, and serve at the pleasure of the
Governor.
   (2) The data center director shall receive a salary approved by
the Department of Personnel Administration.
   (3) The data center director shall be responsible for the
efficient and effective management and operation of the data center.
The data center director shall continue to communicate regularly
with the Director of Information Technology regarding future needs of
the center and the likely impact of emerging technologies.
11793.  (a) There is in the State Treasury, the Stephen P. Teale
Data Center Revolving Fund, which, notwithstanding Section 13340, is
continuously appropriated without regard to fiscal years for the
purposes of this article for the payment of expenses incurred by the
Stephen P. Teale Data Center.
   (b) Moneys available in the fund, not to exceed a total of 1
percent of the data center's current fiscal year budget, may be
allocated by the director of the data center to projects that
demonstrate or develop advanced information technologies as solutions
to information processing problems.  The expenditures for these
allocations shall be provided for out of the unencumbered surplus of
the fund.  No expenditure may be made pursuant to this subdivision
during any fiscal year in which there is no unencumbered surplus in
the fund.
   (c) The fund shall consist of all of the following:
   (1) All moneys appropriated to the fund in accordance with law.
   (2) All moneys received into the State Treasury from any source in
payment of electronic data-processing services rendered by the data
center or for other services rendered by the data center.
   (3) All moneys from outstanding balances of prior fiscal years
that have not reverted to the General Fund.
   (4) The balance remaining in the fund at the end of any fiscal
year whether the moneys received are from an appropriation or from
payments for services rendered.
   (d) If the balance remaining in the fund at the end of any fiscal
year exceeds 25 percent of the data center's current fiscal year
budget, the billing rates for services rendered shall be adjusted
downward for the following fiscal year.
   (e) If the data center is consolidated with other state
information technology centers, the fund shall cease to exist and any
remaining moneys in the fund shall be distributed in accordance with
Section 16304.9.
11794.  (a) (1)  The Stephen P. Teale Data Center may establish
rates and collect payments from state agencies for providing services
to those agencies.  The methodology for computing costs and billing
rates shall be subject to the approval of the Director of Finance.
   (2) Commencing no later than August 1, 2005, and no later than
August 1 annually thereafter, the Stephen P. Teale Data Center, or
its successor entity, shall submit to the Department of Finance a
proposal that reconciles the current fiscal year rates and details
any adjustments proposed for budget fiscal year rates to be included
in the Governor's Budget.
   (b) (1) All money received by the data center pursuant to this
section shall be deposited in the Stephen P. Teale Data Center
Revolving Fund.
   (2) In order to ensure that there is adequate cash in the fund,
the data center may require monthly payments in advance by client
agencies, based on estimated billings.  By mutual agreement between
the data center and the applicable state agency, a state agency may
make monthly, quarterly, or annual payments in advance or arrears.
   (c) Consistent with subdivision (b), and pursuant to Section
11255, the Controller shall transfer any amounts so authorized by the
data center.  The data center shall notify each affected state
agency upon requesting the Controller to make the transfer.


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