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AB-2100 California Electronic Government and Information Act.(1999-2000)

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AB2100:v96#DOCUMENT

Amended  IN  Assembly  March 29, 2000
Amended  IN  Assembly  May 04, 2000
Amended  IN  Assembly  May 15, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 2100


Introduced  by  Assembly Member Dutra, 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   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)).

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.

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.