2009 California Government Code - Section 14600-14630 :: Chapter 1. General Provisions

14600.  The Legislature declares that a centralization of business
management functions and services of state government is necessary to
take advantage of specialized techniques and skills, provide uniform
management practices, and to insure a continuing high level of
efficiency and economy. A Department of General Services is created
to provide centralized services including, but not limited to,
planning, acquisition, construction, and maintenance of state
buildings and property; purchasing; printing; architectural services;
administrative hearings; and accounting services. The Department of
General Services shall develop and enforce policy and procedures and
shall institute or cause the institution of those investigations and
proceedings as it deems proper to assure effective operation of all
functions performed by the department and to conserve the rights and
interests of the state.

14601.  There is in the state government, in the State and Consumer
Services Agency, the Department of General Services.

14602.  The Department of General Services is under the control of
an executive officer known as the Director of General Services. As
used in this part, "department" and "director" refer to the
Department of General Services and the Director of General Services,
respectively, unless the context otherwise requires.

14603.  The Director of General Services is appointed by and holds
office at the pleasure of the Governor. The appointment of the
director is subject to confirmation by the Senate. The annual salary
of the director is provided for by Chapter 6 (commencing with Section
11550) of Part 1 of Division 3 of Title 2 of this code.

14604.  Commencing no later than August 1, 2005, and no later than
August 1 annually thereafter, the Department of General Services
shall submit to the Department of Finance a proposal that reconciles
the current fiscal year rates for service fees charged by the
Department of General Services to state agencies, and details any
adjustments proposed for budget fiscal year rates to be included in
the Governor's Budget.

14605.  The director shall perform all duties, exercise all powers
and jurisdiction, assume and discharge all responsibilities, and
carry out and effect all purposes vested by law in the office.

14606.  Chapter 2 (commencing with Section 11150) of Part 1 applies
to the director and the director is the head of a department within
the meaning of the chapter.

14607.  For the purpose of administration, the director shall
organize the department with the approval of the Governor, in the
manner that he deems necessary properly to segregate and conduct the
work of the department.
   The director may arrange and classify the work of the department
and with the approval of the Governor may create such divisions and
subdivisions as may be necessary, and change or abolish them from
time to time.

14608.  Whenever any statute requires by the use of the word or
words "approve," "approval," "authorize," or "authorization," the
director of the department to approve or authorize any act or
transaction, the approval or authorization shall be deemed to have
been given only if given in writing by the director, the deputy
director, or by some other officer or employee of the department
acting pursuant to written authority of the director. The term "in
writing" includes a secured electronic signature, whereby an
electronically produced document may be signed electronically by the
authorized signatory who possesses a secured electronic password
available only to the signatory or his or her designee.

14610.  Notwithstanding Section 11043, the department may employ
such persons as are necessary to provide house legal counsel for the
department. These persons may advise the director, officers,
employees, boards, commissions, and offices of the department
concerning legal affairs of the department. The official legal
adviser concerning the department's interdepartmental powers,
functions, and relationships with other departments is the Attorney
General. House legal counsel for the department when authorized by
the Attorney General may represent the department and the state in
litigation concerning affairs of the department.

14611.  The department may prepare, publish, and issue such printed
pamphlets and bulletins as the director deems necessary for the
dissemination of information to the public concerning the activities
of the department. Funds available for support of the department may,
with the approval of the Department of Finance, be used to pay the
cost of preparation, publication, and distribution.

14612.  (a) The department shall commit itself to achieve improved
levels of performance, as specified in this section, by focusing its
efforts on enhancing the value of the services it delivers.
   (b) The department shall commit itself to providing both of the
following:
   (1) Services that the Legislature or Governor requires state
agencies to purchase from the department.
   (2) Services that state agencies are not required to purchase from
the department, but that the department can provide on a
cost-competitive basis.
   (c) Notwithstanding any other provision of law, the director or
his or her designee, in lieu of the Director of Finance, may approve
DGS Form 22 and DGS Form 220, including the extension of time to
expend transferred funds, the transfer of funds from one work order
to another, and the Return of Funds Document.
   (d) Notwithstanding Chapter 3 (commencing with Section 13940) of
Part 4, the director or his or her designee may approve "relief from
accountability" for debts owed to the department up to five thousand
dollars ($5,000) when the department determines it cannot collect the
debts or when the cost of collection exceeds the amount of the debt.
   (e) Notwithstanding Section 2807 of the Penal Code, the director
or his or her designee may procure goods from the private sector even
though the goods may be available from the Prison Industry
Authority, when in his or her discretion, it is cost beneficial to do
so and if the director or his or her designee continues to include
the authority in soliciting quotations for goods.
   (f) Notwithstanding subdivision (a) of Section 948 and Section
965, the director or his or her designee, in lieu of the Director of
Finance, may certify funds for payment of all legal settlements and
tort claims for which the department already has sufficient
expenditure authority and funds without the need for augmentation.
   (g) Notwithstanding Section 965.2, the director or his or her
designee, in lieu of the Director of Finance, may certify funds for
payment for all legal court settlements for projects funded from the
Architecture Revolving Fund, if a sufficient fund balance exists in
the work order to pay the claim and the payment does not require a
budget augmentation to complete the project.
   (h) Notwithstanding Section 14957, the director or his or her
designee, in lieu of the Director of Finance, may approve the deposit
of checks directly into the Architecture Revolving Fund. The
department shall notify the Department of Finance within 30 days of
the date that the department makes such a deposit.

14612.5.  Notwithstanding any other provision of law, for state
printing procurement purposes, printing is not considered a personal
service contract as defined in Section 19130.

14613.  (a) The Governor may appoint the person, who, on the date of
the transfer of the California State Police Division to the
Department of the California Highway Patrol, is serving as the Chief
of the California State Police Division, to the position of Deputy
Chief within the Department of the California Highway Patrol for a
period of 12 months. The position has the powers of a peace officer
as defined in Section 830.2 of the Penal Code. The authorization for
this position of Deputy Chief expires 12 months after the effective
date of the Governor's appointment. The Governor shall notify the
Secretary of State of the effective date of that appointment.
   (b) This section shall remain in effect only until 12 months after
the effective date of the appointment described in subdivision (a)
and as of that date is repealed.

14613.5.  The Department of the California Highway Patrol shall
present to the host agency or family member designated by the host
agency of any peace officer who is killed in the line of duty in
California, the flag that was flown at half-staff over the State
Capitol Building in memory of the officer and a memorial certificate.

14613.7.  (a) Each state agency that is protected by the Department
of the California Highway Patrol, those state agencies currently
being protected by contract private security companies, or those
state agencies currently under contract with a local governmental law
enforcement agency for general law enforcement services, excluding
all current mutual aid agreements, shall, as soon as practical,
report to the Department of the California Highway Patrol all crimes
and criminally caused property damage on state-owned or state-leased
property where state employees are discharging their duties. This
section shall not apply to incidents that result in the filing of
Incidence Memoranda issued by the Parole Divisions of the Department
of Corrections and the Department of the Youth Authority.
   (b) The Department of the California Highway Patrol shall compile
the information received pursuant to subdivision (a) and shall report
to the Legislature, as necessary, on the status of criminal activity
on state-owned and leased properties as specified in subdivision
(a).

14614.  The director and the civil executive officers of the
department have the powers of a peace officer in all parts of the
state in enforcing any lawful order of the department.

14615.  (a) The department has general powers of supervision over
all matters concerning the financial and business policies of the
state in regard to the duties, powers, responsibilities, and
jurisdiction specifically vested in the department. Whenever the
department deems it necessary, or at the instance of the Governor, it
shall institute or cause the institution of those investigations and
proceedings as it deems proper to conserve the rights and interests
of the state.
   (b) The Department of the California Highway Patrol has
jurisdiction over those matters related to the security of state
officers, property, and occupants of state property. The Department
of the California Highway Patrol may also assist the department in
the department's investigations conducted pursuant to subdivision
(a).

14615.1.  (a) Where the Legislature directs or authorizes the
department to maintain, develop, or prescribe processes, procedures,
or policies in connection with the administration of its duties under
this chapter, Chapter 2 (commencing with Section 14650), or Part 2
(commencing with Section 10100) of Division 2 of the Public Contract
Code, the action by the department shall be exempt from the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340), Chapter 4 (commencing with Section 11370), Chapter 4.5
(commencing with Section 11400), and Chapter 5 (commencing with
Section 11500)). This section shall apply to actions taken by the
department with respect to the State Administrative Manual and the
State Contracting Manual.
   (b) To the extent permitted by the United States and California
Constitutions, subdivision (a) also applies to actions taken by the
department prior to January 1, 1999, with respect to competitive
procurement in the State Administrative Manual and the State
Contracting Manual.

14616.  The director may exempt from his or her approval or from
approval of the department any transactions involving not more than
fifty thousand dollars ($50,000) for which such approval is required
by statute whenever, in his or her judgment, such exemption is
appropriate and in the best interests of the state. Written notice of
exemptions shall be given to the Controller.

14617.  The Office of the State Architect and the California
Building Standards Commission, in consultation with offices and
divisions within the Department of General Services, and with the
Department of the California Highway Patrol, shall jointly adopt
regulations in Title 24 of the California Code of Regulations to
establish a standard of lighting for parking lots at the University
of California, California State University, and California Community
Colleges. This standard shall be adopted and submitted to the
California Building Standards Commission for approval on or before
June 30, 1991, and published by the commission in the 1992 triennial
publication of the California Building Code.
   The Office of the State Architect shall also adopt regulations in
Title 24 of the California Code of Regulations to establish the
Illumination Engineering Society Handbook recommendations as the
standard lighting level for primary campus walkways used at night at
the University of California, California State University, and
California Community Colleges. These regulations shall be adopted and
submitted to the California Building Standards Commission for
approval on or before June 30, 1991, and published by the commission
in the 1992 triennial publication of the California Building Code.
   This section shall not apply to the University of California
unless the Regents of the University of California, by resolution,
makes it applicable.

14618.  The Department of General Services may require from all
agencies of the state permitted or charged by law with the handling
of public money or its equivalent, financial and statistical reports,
duly verified, covering the period of each fiscal year.
   When necessary, the department may require special reports from
any such state agency. These special reports shall be filed with the
department without delay.

14619.  The Department of General Services may examine all records,
files, documents, accounts, and all financial affairs of every agency
mentioned in Section 14618. It may enter any public office or
institution in this state and examine any records, files, books,
papers or documents contained therein or belonging thereto for the
purpose of making such examination. Every state agency shall permit
such examination and upon demand shall produce without unnecessary
delay all books, contracts, and papers in its offices, and furnish
information touching books, papers, contracts, and other matters
pertaining to the agency.

14620.  There is in the department a general services planning
officer, a procurement officer, and an executive officer of the
Office of Public School Construction. Each officer or executive
director may be appointed by the Governor, upon recommendation of the
director, and shall serve at the pleasure of the director. His or
her salary shall be fixed by the director in accordance with law.
Each officer or executive officer shall have any duties that may be
assigned to him or her by, and shall be responsible to, the director
for the performance of those duties. It is the intent of the
Legislature that this section is not to result in an increase in the
number of positions in the department.

14621.  The department has the possession and control of all
records, books, papers, offices, equipment, supplies, money, funds,
appropriations, land and other property, real or personal, held for
the benefit or use of state agencies within the department.

14622.  The director may make available to elected state officials,
without charge, state parking facilities for the parking of the
privately owned cars of such officials.

14623.  The department shall engage competent artists to paint oil
portraits of all Governors of California whose portraits have not
been painted, and a portrait of each Governor upon his retirement
from office. The portraits shall be framed and hung in appropriate
places in the State Capitol.

14624.  The department may render advisory, investigational, or
other similar service to any city, county, district or any other
political subdivision of the state, or to the federal government upon
such terms and conditions as may be satisfactory to the director.

14625.  The director may require any person who has charge of,
handles or has access to any state property to file an official bond
in an amount to be fixed by him.

14627.  With the approval of the department, state agencies may
install and operate toll-free telephone lease lines to provide access
by the public and local governmental agencies. The department shall
adopt guidelines for the use of toll-free lease lines by state
agencies as are necessary to promote the efficient use thereof.
Following approval of the department, the toll-free telephone number
shall be published at least once in the California Regulatory Notice
Register.
   The information which is made available on toll-free lease lines
shall be accessible by both tone dial and rotary dial telephones.

14628.  (a) The California State Sheriffs Search and Rescue
Coordinators, or any successor entity, may plan and construct a
memorial in the Capitol Historic Region, in consultation with the
department, to honor California search-and-rescue volunteers who have
died in the line of duty.
   (b) The Search and Rescue Memorial Review Committee is hereby
established and shall include as members all of the following:
   (1) The Director of the Department of General Services, or his or
her designee.
   (2) The State Historic Preservation Officer, or his or her
designee.
   (3) A Member of the Assembly appointed by the Speaker of the
Assembly.
   (4) A Member of the Senate appointed by the Senate Committee on
Rules.
   (c) The committee shall consult with the California State Sheriffs
Search and Rescue Coordinators to identify an appropriate location
for the memorial in the Capitol Historic Region and review a memorial
design.
   (d) The department, in consultation with the California State
Sheriffs Search and Rescue Coordinators, shall accomplish the
following goals:
   (1) Review of the preliminary design plans to identify potential
maintenance concerns.
   (2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.) compliance, and other safety concerns.
   (3) Review and approval of proper California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) documents prepared for work at the designated
historic property.
   (4) Review of final construction documents to ensure that all
requirements are met.
   (5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding, provisions
for damage to state property, and inspection requirements.
   (6) Prepare a maintenance agreement outlining the California State
Sheriffs Search and Rescue Coordinators' responsibility for the
long-term maintenance of the memorial due to aging, vandalism, or
relocation.
   (7) Inspect the construction performed by the contractor selected
by the California State Sheriffs Search and Rescue Coordinators.
   (e) If the California State Sheriffs Search and Rescue
Coordinators undertake responsibility to construct a memorial under
this section, it shall, in consultation with the department,
establish a schedule for the design, construction, and dedication of
the memorial, implement procedures to solicit designs for the
memorial and devise a selection process for the choice of the design,
and establish a program for the dedication of the memorial.
   (f) The department and the Search and Rescue Memorial Review
Committee shall approve the design of the memorial.
   (g) If the California State Sheriffs Search and Rescue
Coordinators undertake responsibility to construct a memorial under
this section, it shall not begin construction of the memorial until
the master plan of the State Capitol Park is approved and adopted by
the Joint Committee on Rules and the Department of Finance has
determined that sufficient private funding is available to construct
and maintain the memorial.
   (h) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to a nonprofit
foundation, the Search and Rescue Memorial Foundation, to be
established for that purpose.
   (i) If the California State Sheriffs Search and Rescue
Coordinators undertake responsibility to construct a memorial under
this section, it shall sign a maintenance agreement with the state,
as created under paragraph (6) of subdivision (d), to maintain the
memorial with private contributions.

14629.  (a) The Military Order of the Purple Heart, Capitol Chapter
385, or any successor entity, may plan and construct a memorial in
the Capitol Historic Region, in consultation with the department, to
honor California residents who have been awarded the Purple Heart.
   (b) The Purple Heart Memorial Review Committee is hereby
established and shall include as members all of the following:
   (1) The Director of General Services, or his or her designee.
   (2) The State Historic Preservation Officer, or his or her
designee.
   (3) A Member of the Assembly appointed by the Speaker of the
Assembly.
   (4) A Member of the Senate appointed by the Senate Committee on
Rules.
   (c) The committee shall consult with the Military Order of the
Purple Heart, Capitol Chapter 385, to identify an appropriate
location for the memorial in the Capitol Historic Region and review a
memorial design.
   (d) The department, in consultation with the Military Order of the
Purple Heart, Capitol Chapter 385, shall accomplish the following
goals:
   (1) Review of the preliminary design plans to identify potential
maintenance concerns.
   (2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.) compliance, and other safety concerns.
   (3) Review and approval of proper California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) documents prepared for work at the designated
historic property.
   (4) Review of final construction documents to ensure that all
requirements are met.
   (5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding, provisions
for damage to state property, and inspection requirements.
   (6) Prepare a maintenance agreement outlining the Military Order
of the Purple Heart, Capitol Chapter 385's responsibility for the
long-term maintenance of the memorial due to aging, vandalism, or
relocation.
   (7) Inspect the construction performed by the contractor selected
by the Military Order of the Purple Heart, Capitol Chapter 385.
   (e) If the Military Order of the Purple Heart, Capitol Chapter 385
undertakes responsibility to construct a memorial under this
section, it shall, in consultation with the department, establish a
schedule for the design, construction, and dedication of the
memorial, implement procedures to solicit designs for the memorial
and devise a selection process for the choice of the design, and
establish a program for the dedication of the memorial.
   (f) The department and the Purple Heart Memorial Review Committee
shall approve the design of the memorial.
   (g) If the Military Order of the Purple Heart, Capitol Chapter 385
undertakes responsibility to construct a memorial under this
section, it shall not begin construction of the memorial until the
master plan of the State Capitol Park is approved and adopted by the
Joint Committee on Rules and the Joint Committee on Rules and the
Department of Finance have determined that sufficient private funding
is available to construct and maintain the memorial.
   (h) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to a nonprofit
foundation, the Purple Heart Memorial Foundation, to be established
for that purpose.
   (i) If the Military Order of the Purple Heart, Capitol Chapter 385
undertakes responsibility to construct a memorial under this
section, it shall sign a maintenance agreement with the state, as
created under paragraph (6) of subdivision (d), to maintain the
memorial with private contributions.
   (j) Notwithstanding any other provision of law, any new veterans
memorial approved pursuant to the master plan of the State Capitol
Park, as adopted by the Joint Committee on Rules, shall be
constructed within the existing boundary of the Capitol Veterans
Memorial.

14630.  (a) Upon its establishment, the California Crime Victims'
Memorial Foundation, or any successor entity, may plan and construct
a memorial in the Capitol Historic Region, in consultation with the
department, to honor California residents who are victims of crime.
   (b) The California Crime Victims' Memorial Review Committee is
hereby established and shall include as members all of the following:
   (1) The Director of General Services, or his or her designee.
   (2) The State Historic Preservation Officer, or his or her
designee.
   (3) A Member of the Assembly appointed by the Speaker of the
Assembly.
   (4) A Member of the Senate appointed by the Senate Committee on
Rules.
   (c) The committee shall consult with the California Crime Victims'
Memorial Foundation to identify an appropriate location for the
memorial in the Capitol Historic Region and review a memorial design.
   (d) The department, in consultation with the California Crime
Victims' Memorial Foundation, shall accomplish the following goals:
   (1) Review of the preliminary design plans to identify potential
maintenance concerns.
   (2) Ensure Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.) compliance, and other safety concerns.
   (3) Review and approval of proper California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) documents prepared for work at the designated
historic property.
   (4) Review of final construction documents to ensure that all
requirements are met.
   (5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding, provisions
for damage to state property, and inspection requirements.
   (6) Prepare a maintenance agreement outlining the California Crime
Victims' Memorial Foundation's responsibility for the long-term
maintenance of the memorial due to aging, vandalism, or relocation.
   (7) Inspect the construction performed by the contractor selected
by the California Crime Victims' Memorial Foundation.
   (e) If the California Crime Victims' Memorial Foundation
undertakes responsibility to construct a memorial under this section,
it shall, in consultation with the department, establish a schedule
for the design, construction, and dedication of the memorial,
implement procedures to solicit designs for the memorial and devise a
selection process for the choice of the design, and establish a
program for the dedication of the memorial.
   (f) The department and the California Crime Victims' Memorial
Review Committee shall approve the design of the memorial.
   (g) If the California Crime Victims' Memorial Foundation
undertakes responsibility to construct a memorial under this section,
it shall not begin construction of the memorial until (1) the master
plan of the State Capitol Park is approved and adopted by the Joint
Committee on Rules and (2) the Department of Finance and the Joint
Committee on Rules have determined that sufficient private funding is
available to construct and maintain the memorial.
   (h) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to a nonprofit
foundation, the California Crime Victims' Memorial Foundation, to be
established for that purpose.
   (i) If the California Crime Victims' Memorial Foundation
undertakes responsibility to construct a memorial under this section,
it shall sign a maintenance agreement with the state, as created
under paragraph (6) of subdivision (d), to maintain the memorial with
private contributions.