SECTIONS 11534-11543 - California Statutes

GOVERNMENT CODE

SECTION 11534-11543

11534. (a) There is in state government, in the California
Technology Agency, the Office 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.
(d) Unless the context clearly requires otherwise, whenever the
term "Department of Technology Services" appears in any statute,
regulation, or contract, it shall be deemed to refer to the Office of
Technology Services, and whenever the term "Director of Technology
Services" appears in statute, regulation, or contract, it shall be
deemed to refer to the Secretary of California Technology.
(e) Unless the context clearly requires otherwise, the Office of
Technology Services and the Secretary of California Technology
succeed to and are vested with all the duties, powers, purposes,
responsibilities, and jurisdiction vested in the former Department of
Technology Services and the former Director of Technology Services,
respectively.
(f) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the Office of Technology Services, are transferred to
the Office of Technology Services. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the Office of Technology Services.
(g) The property of any office, agency, or department related to
functions transferred to the Office of Technology Services is
transferred to the Office of Technology Services. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(h) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the Office of Technology
Services shall be transferred to the Office of Technology Services
for the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.

11535. (a) There is, in the Office of Technology Services, the
Technology Services Board.
(b) The board shall consist of 13 members, as follows:
(1) The Secretary of California Technology, 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 Secretary of Food and Agriculture, the Secretary of
Business, Transportation and Housing, the Secretary of the Department
of Corrections and Rehabilitation, the Secretary for Environmental
Protection, the Secretary of California Health and Human Services,
the Secretary of Labor and Workforce Development, the Secretary of
the Natural Resources Agency, the Secretary of State and Consumer
Services, and the Secretary of Veterans Affairs.
(5) The Secretary of California Emergency Management.

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 Secretary of California Technology shall engage an
independent firm of certified public accountants to conduct an annual
financial audit of all accounts and transactions of the Office of
Technology Services. 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 submittal of the
annual financial statements.
(b) The Secretary of California Technology may arrange for other
audits as are necessary or prudent to ensure proper oversight and
management of the Office of Technology Services.

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 Office of Technology Services 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 Office of Technology Services 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 the Office of Technology Services'
operations.
(b) The Secretary of California Technology shall propose for board
consideration rates for Office of Technology Services' services
based on a formal rate methodology approved by the board. At least 60
days before submitting proposed rates to the board, the Secretary of
California Technology 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 for the board evaluating the reasonableness of the proposed
rates and any significant impact the Office of Technology Services'
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 Office of Technology Services 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, the Office of Technology
Services may enter into contracts, obtain licenses, acquire personal
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 Office of Technology
Services.
(b) With respect to business telecommunications systems and
services, the Office of Technology Services 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 Office of Technology Services 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 ensure 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
Office of Technology Services.
(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 Office of Technology Services 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 Office of Technology Services shall ensure that access to state
business information and services is improved, and that the policy is
cost effective for the state and its residents. The Office of
Technology Services 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 Office of Technology Services.
(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 Office of Technology Services shall create a link
to state agency Internet 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) (1) 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 Office of Technology
Services.
(2) Except as expressly provided otherwise in this chapter, the
Office of Technology Services is the successor to, and is vested
with, all of the duties, powers, purposes, responsibilities, and
jurisdiction of the Stephen P. Teale Data Center, and the California
Health and Human Services Agency Data Center. Any reference in
statutes, regulations, or contracts to those entities with respect to
the transferred functions shall be construed to refer to the Office
of Technology Services unless the context clearly requires otherwise.
(3) No contract, lease, license, or any other agreement to which
either the Stephen P. Teale Data Center or the California Health and
Human Services Agency Data Center is a party shall be void or
voidable by reason of this chapter, but shall continue in full force
and effect, with the Office of Technology Services assuming all of
the rights, obligations, and duties of the Stephen P. Teale Data
Center or the California Health and Human Services Agency Data
Center, respectively.
(4) 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 and the California Health and Human
Services Agency Data Center, with respect to business
telecommunications systems and services functions in carrying out any
functions transferred to the Office of Technology Services by this
chapter, shall be transferred to the Technology Services Revolving
Fund created by Section 11544, and shall be made available for the
support and maintenance of the Office of Technology Services.
(5) 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 Technology Services Revolving Fund unless the context
clearly requires otherwise.
(6) All books, documents, records, and property of the Stephen P.
Teale Data Center and the California Health and Human Services Agency
Data Center, excluding the Systems Integration Division, shall be
transferred to the Office of Technology Services.
(7) (A) All officers and employees of the former Stephen P. Teale
Data Center and the California Health and Human Services Agency Data
Center, are transferred to the Office of Technology Services.
(B) The status, position, and rights of any officer or employee of
the Stephen P. Teale Data Center and the California Health and Human
Services Agency Data Center, shall not be affected by the transfer
and consolidation of the functions of that officer or employee to the
Office of Technology Services.
(b) (1) All duties and functions of the Telecommunications
Division of the Department of General Services are transferred to the
California Technology Agency.
(2) Unless the context clearly requires otherwise, whenever the
term "Telecommunications Division of the Department of General
Services" appears in any statute, regulation, or contract, it shall
be deemed to refer to the California Technology Agency.
(3) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred to the California Technology Agency, are transferred to
the California Technology Agency. The status, positions, and rights
of those persons shall not be affected by their transfer and shall
continue to be retained by them pursuant to the State Civil Service
Act (Part 2 (commencing with Section 18500) of Division 5), except as
to positions the duties of which are vested in a position exempt
from civil service. The personnel records of all transferred
employees shall be transferred to the California Technology Agency.
(4) The property of any office, agency, or department related to
functions transferred to the California Technology Agency, are
transferred to the California Technology Agency. If any doubt arises
as to where that property is transferred, the Department of General
Services shall determine where the property is transferred.
(5) All unexpended balances of appropriations and other funds
available for use in connection with any function or the
administration of any law transferred to the California Technology
Agency shall be transferred to the California Technology Agency for
the use and for the purpose for which the appropriation was
originally made or the funds were originally available. If there is
any doubt as to where those balances and funds are transferred, the
Department of Finance shall determine where the balances and funds
are transferred.

11543. (a) The Secretary of California Technology 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
Office of Technology Services. The Secretary of California Technology
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 Office of Technology Services and
recommend any matters as he or she deems necessary and advisable to
improve the operation and administration of the Office of Technology
Services.
(b) The Secretary of California Technology 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.