2007 California Government Code Article 2. Department Of Technology Services

CA Codes (gov:11534-11543)

11534.  (a) There is in state government, in the State and Consumer
Services Agency, the Department of Technology Services.
   (b) The purpose of this article is to establish a general purpose
technology services provider to serve the common technology needs of
executive branch entities with accountability to customers for
providing secure services that are responsive to client needs at a
cost representing best value to the state.
   (c) The purpose of this chapter is to improve and coordinate the
use of technology and to coordinate and cooperate with all public
agencies in the state in order to eliminate duplications and to bring
about economies that could not otherwise be obtained.



11535.  (a) There is, in the department, the Technology Services
Board.
   (b) The board shall consist of 13 members, as follows:
   (1) The Governor's designee, who shall serve as the chair of the
board.
   (2) The Director of Finance, who shall serve as vice chair of the
board.
   (3) The Controller.
   (4) The Secretaries of Food and Agriculture, the Business,
Transportation and Housing Agency, the Environmental Protection
Agency, the California Health and Human Services Agency, the Labor
and Workforce Development Agency, the Resources Agency, the State and
Consumer Services Agency, the Department of Veterans Affairs, and
the Youth and Adult Correctional Agency.
   (5) The Director of the Office of Emergency Services.



11536.  The board shall meet not less than once each quarter. A
quorum shall consist of seven members of the board. All decisions of
the board shall be made by a majority vote of a quorum of the board.



11537.  (a) The board shall engage an independent firm of certified
public accountants to conduct an annual financial audit of all
accounts and transactions of the department. The audit shall be
conducted in accordance with generally accepted government auditing
standards. The audited financial statements shall be presented to the
board, the Governor, and the Legislature not more than 120 days
after the close of the fiscal year.
   (b) The board may arrange for other audits as are necessary or
prudent to ensure proper oversight and management of the department.




11538.  The director shall be appointed by, and serve at the
pleasure of, the Governor, subject to Senate confirmation. The
director shall act as executive officer of the board.



11539.  The director shall be responsible for managing the affairs
of the department and shall perform all duties, exercise all powers
and jurisdiction, and assume and discharge all responsibilities
necessary to carry out the purposes of this chapter. The director
shall employ professional, clerical, technical, and administrative
personnel as necessary to carry out this chapter.



11540.  (a) The director shall propose for board consideration and
approval an annual budget for departmental operations. As part of the
annual budget development, the department shall determine the impact
of any rebates, abatements, or rate reductions resulting from excess
reserve funds. At least 60 days before submitting the proposed
budget to the board, the director shall submit the proposed budget to
the Department of Finance. Submittal of the budget to the Department
of Finance shall be in a format and timeframe determined by the
Department of Finance. The Department of Finance shall prepare a
report to the board evaluating the reasonableness of the proposed
budget and any significant impact the department's budget is likely
to have upon the budgets of other departments.
   (b) The director shall propose for board consideration rates for
department services based on a formal rate methodology approved by
the board. At least 60 days before submitting proposed rates to the
board, the director shall submit the proposed rates to the Department
of Finance. Submittal of the rates to the Department of Finance
shall be in a format and timeframe determined by the Department of
Finance. The Department of Finance shall prepare a report to the
board evaluating the reasonableness of the proposed rates and any
significant impact the department's rates are likely to have upon the
budgets of other departments.
   (c) It is the intent of the Legislature that this section
supersede Section 11540 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.




11541.  (a) The department may acquire, install, equip, maintain,
and operate new or existing business telecommunications systems and
services. Acquisitions for information technology goods and services
shall be made pursuant to Chapter 3 (commencing with Section 12100)
of Part 2 of Division 2 of the Public Contract Code. To accomplish
that purpose, it may enter into contracts, obtain licenses, acquire
property, install necessary equipment and facilities, and do other
acts that will provide adequate and efficient business
telecommunications systems and services. Any system established shall
be made available to all public agencies in the state on terms that
may be agreed upon by the agency and the department.
   (b) With respect to business telecommunications systems and
services, the department may do all of the following:
   (1) Provide representation of public agencies before the Federal
Communications Commission in matters affecting the state and other
public agencies regarding business telecommunications systems and
services issues.
   (2) Provide, upon request, advice to public agencies concerning
existing or proposed business telecommunications systems and services
between any and all public agencies.
   (3) Recommend to public agencies rules, regulations, procedures,
and methods of operation that it deems necessary to effectuate the
most efficient and economical use of business telecommunications
systems and services within the state.
   (4) Carry out the policies of this chapter.
   (c) The department has responsibilities with respect to business
telecommunications systems, services, policy, and planning, which
include, but are not limited to, all of the following:
   (1) Assessing the overall long-range business telecommunications
needs and requirements of the state considering both routine and
emergency operations for business telecommunications systems and
services, performance, cost, state-of-the-art technology, multiuser
availability, security, reliability, and other factors deemed to be
important to state needs and requirements.
   (2) Developing strategic and tactical policies and plans for
business telecommunications with consideration for the systems and
requirements of public agencies.
   (3) Recommending industry standards, service level agreements, and
solutions regarding business telecommunications systems and services
to assure multiuser availability and compatibility.
   (4) Providing advice and assistance in the selection of business
telecommunications equipment to ensure all of the following:
   (A) Ensuring that the business telecommunications needs of state
agencies are met.
   (B) Ensuring that procurement is compatible throughout state
agencies and is consistent with the state's strategic and tactical
plans for telecommunications.
   (C) Ensuring that procurement is designed to leverage the buying
power of the state and encourage economies of scale.
   (5) Providing management oversight of statewide business
telecommunications systems and services developments.
   (6) Providing for coordination of, and comment on, plans and
policies and operational requirements from departments that utilize
business telecommunications systems and services as determined by the
department.
   (7) Monitoring and participating, on behalf of the state, in the
proceedings of federal and state regulatory agencies and in
congressional and state legislative deliberations that have an impact
on state governmental business telecommunications activities.
   (d) The department shall develop and describe statewide policy on
the use of business telecommunications systems and services by state
agencies. In the development of that policy, the department shall
assure that access to state business information and services is
improved, and that the policy is cost effective for the state and its
residents.  The department shall develop guidelines that do all of
the following:
   (1) Describe what types of state business information and services
may be accessed using business telecommunications systems and
services.
   (2) Characterize the conditions under which a state agency may
utilize business telecommunications systems and services.
   (3) Characterize the conditions under which a state agency may
charge for information and services.
   (4) Specify pricing policies.
   (5) Provide other guidance as may be appropriate at the discretion
of the department.
   (e) It is the intent of the Legislature that this section
supersede Section 11541 of the Government Code, as added by Section 1
of the Governor's Reorganization Plan No. 2, effective July 9, 2005.



11541.5.  (a) The Department of Technology Services shall create a
link to state agency Web sites at the State of California Internet
portal specifically for the use of small businesses, designed to
assist entrepreneurs and small business owners in accessing
information regarding startup requirements and regulatory compliance
applicable to the particular business.
   (b) For purposes of this section, "small business" has the same
meaning as set forth in Section 14837.


11542.  (a) The Stephen P. Teale Data Center and the California
Health and Human Services Agency Data Center are consolidated within,
and their functions are transferred to, the department.
   (b) The business telecommunications systems and services functions
of the Telecommunications Division of the Department of General
Services are transferred to the department.
   (c) Except as expressly provided otherwise in this chapter, the
department is the successor to, and is vested with, all of the
duties, powers, purposes, responsibilities, and jurisdiction of the
Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, and the business telecommunications
systems and services functions of the Telecommunications Division of
the Department of General Services. Any reference in statutes,
regulations, or contracts to those entities with respect to the
transferred functions shall be construed to refer to the Department
of Technology Services unless the context clearly requires otherwise.

   (d) No contract, lease, license, or any other agreement to which
the Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, or the Telecommunications Division of
the Department of General Services, with respect to the business
telecommunications systems and services functions, is a party, shall
be void or voidable by reason of this chapter, but shall continue in
full force and effect, with the department assuming all of the
rights, obligations, and duties of the Stephen P. Teale Data Center,
the California Health and Human Services Agency Data Center, or the
Telecommunications Division of the Department of General Services,
respectively.
   (e) Notwithstanding subdivision (e) of Section 11793 and
subdivision (e) of Section 11797, on and after the effective date of
this chapter, the balance of any funds available for expenditure by
the Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, and the Telecommunications Division of
the Department of General Services, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the department by this chapter, shall be
transferred to the Department of Technology Services Revolving Fund
created by Section 11544, and shall be made available for the support
and maintenance of the department.
   (f) All references in statutes, regulations, or contracts to the
former Stephen P. Teale Data Center Fund or the California Health and
Human Services Data Center Revolving Fund shall be construed to
refer to the Department of Technology Services Revolving Fund unless
the context clearly requires otherwise.
   (g) All books, documents, records, and property of the Stephen P.
Teale Data Center, the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, and the
Telecommunications Division of the Department of General Services,
with respect to business telecommunications systems and services
functions, shall be transferred to the department.
   (h) (1) All officers and employees of the former Stephen P. Teale
Data Center, the California Health and Human Services Agency Data
Center, and the Telecommunications Division of the Department of
General Services, with respect to business telecommunications systems
and services functions, are transferred to the department.
   (2) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center, the California Health and Human
Services Agency Data Center, and the Telecommunications Division of
the Department of General Services, with respect to business
telecommunications systems and services functions, shall not be
affected by the transfer and consolidation of their functions to the
department.



11543.  (a) The director shall confer as frequently as necessary or
desirable, but not less than once every quarter, with the board, on
the operation and administration of the department. The director
shall make available for inspection by the board or any board member,
upon request, all books, records, files, and other information and
documents of the department and recommend any matters as he or she
deems necessary and advisable to improve the operation and
administration of the department.
   (b) The director shall make and keep books and records to permit
preparation of financial statements in conformity with generally
accepted accounting principles and any state policy requirements.