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| 1 | + | Amended IN Senate September 01, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1680Introduced by Assembly Member BurkeFebruary 17, 2017An act to add Section 11546.7 11546.8 to the Government Code, relating to information technology.LEGISLATIVE COUNSEL'S DIGESTAB 1680, as amended, Burke. Director of Technology: procurement: training program.Existing law establishes in state government the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the states information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law makes the department responsible for the approval and oversight of information technology projects.Under existing law, specific public contracting provisions govern the acquisition of information technology goods and services, and require that the department make or supervise the making of contracts for the acquisition of information technology projects in accordance with that existing law. Under those provisions, except as specified, the department has the final authority in the determination of information technology procurement procedures applicable to acquisitions of information technology projects.This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition. The bill would require the Director of Technology, in cooperation with the Director of General Services, to prepare and submit to the Legislature, by January 1, 2019, a report regarding the progress in establishing the training program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11546.8 is added to the Government Code, to read:11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition.SECTION 1.Section 11546.7 is added to the Government Code, to read:11546.7.(a)The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a training program and curriculum for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition.(b)The Director of Technology, in cooperation with the Director of General Services, shall prepare and submit to the Legislature, on or before January 1, 2019, a report regarding the progress in establishing the training program required by subdivision (a).(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2023, pursuant to Section 10231.5.(2)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate September 01, 2017 Amended IN Assembly March 28, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1680Introduced by Assembly Member BurkeFebruary 17, 2017An act to add Section 11546.7 11546.8 to the Government Code, relating to information technology.LEGISLATIVE COUNSEL'S DIGESTAB 1680, as amended, Burke. Director of Technology: procurement: training program.Existing law establishes in state government the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the states information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law makes the department responsible for the approval and oversight of information technology projects.Under existing law, specific public contracting provisions govern the acquisition of information technology goods and services, and require that the department make or supervise the making of contracts for the acquisition of information technology projects in accordance with that existing law. Under those provisions, except as specified, the department has the final authority in the determination of information technology procurement procedures applicable to acquisitions of information technology projects.This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition. The bill would require the Director of Technology, in cooperation with the Director of General Services, to prepare and submit to the Legislature, by January 1, 2019, a report regarding the progress in establishing the training program.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate September 01, 2017 Amended IN Assembly March 28, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 24, 2018 | |
| 8 | 7 | Amended IN Senate September 01, 2017 | |
| 9 | 8 | Amended IN Assembly March 28, 2017 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 1680 | |
| 14 | 13 | ||
| 15 | - | Introduced by Assembly Member | |
| 14 | + | Introduced by Assembly Member BurkeFebruary 17, 2017 | |
| 16 | 15 | ||
| 17 | - | Introduced by Assembly Member Burke | |
| 16 | + | Introduced by Assembly Member Burke | |
| 18 | 17 | February 17, 2017 | |
| 19 | 18 | ||
| 20 | - | An act to add Section 11546.8 to the Government Code, relating to information technology. | |
| 19 | + | An act to add Section 11546.7 11546.8 to the Government Code, relating to information technology. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | - | AB 1680, as amended, Burke. Director of Technology: procurement: training program. | |
| 25 | + | AB 1680, as amended, Burke. Director of Technology: procurement: training program. | |
| 27 | 26 | ||
| 28 | - | Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customers personal information in order to carry out specified acts.The act prohibits a business from discriminating against the consumer for exercising any of the consumers rights under the act, except if the difference is reasonably related to value provided by the consumers data. This bill would, instead, prohibit a business from unreasonably discriminating against a consumer for exercising of any of the consumers rights under the act.The act authorizes a business to offer financial incentives for collection, sale, or deletion of personal information. The act authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumers data. The act, however, prohibits a business from entering a consumer into a financial incentive program unless the consumer gives the business opt-in consent for the program pursuant to a specified process. The act prohibits a business from using financial incentives practices that are unjust, unreasonable, coercive, or usurious in nature.This bill would, instead, authorize a business to offer incentives, including payments to consumers for compensation, for the sale or retention of personal information, and make conforming changes to that effect. The bill would, instead, authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is reasonably related to the value provided to the business by the consumers data, including offering a specific good or service whose functionality is reasonably related to collection, use, or sale of the consumers data. The bill would, instead, prohibit a business from entering a consumer into an incentive program unless the consumer gives the business prior opt-in consent after notice provided to the consumer. The bill would, instead, prohibit a business from using incentive practices that are coercive or usurious in nature.Existing law establishes in state government the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the states information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law makes the department responsible for the approval and oversight of information technology projects.Under existing law, specific public contracting provisions govern the acquisition of information technology goods and services, and require that the department make or supervise the making of contracts for the acquisition of information technology projects in accordance with that existing law. Under those provisions, except as specified, the department has the final authority in the determination of information technology procurement procedures applicable to acquisitions of information technology projects.This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 29 | - | ||
| 30 | - | Existing law, the California Consumer Privacy Act of 2018, grants, commencing on January 1, 2020, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customers personal information in order to carry out specified acts. | |
| 31 | - | ||
| 32 | - | The act prohibits a business from discriminating against the consumer for exercising any of the consumers rights under the act, except if the difference is reasonably related to value provided by the consumers data. | |
| 33 | - | ||
| 34 | - | This bill would, instead, prohibit a business from unreasonably discriminating against a consumer for exercising of any of the consumers rights under the act. | |
| 35 | - | ||
| 36 | - | The act authorizes a business to offer financial incentives for collection, sale, or deletion of personal information. The act authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is directly related to the value provided to the consumer by the consumers data. The act, however, prohibits a business from entering a consumer into a financial incentive program unless the consumer gives the business opt-in consent for the program pursuant to a specified process. The act prohibits a business from using financial incentives practices that are unjust, unreasonable, coercive, or usurious in nature. | |
| 37 | - | ||
| 38 | - | This bill would, instead, authorize a business to offer incentives, including payments to consumers for compensation, for the sale or retention of personal information, and make conforming changes to that effect. The bill would, instead, authorizes a business to offer a different rate, price, level, or quality of goods or services to the consumer if that price or difference is reasonably related to the value provided to the business by the consumers data, including offering a specific good or service whose functionality is reasonably related to collection, use, or sale of the consumers data. The bill would, instead, prohibit a business from entering a consumer into an incentive program unless the consumer gives the business prior opt-in consent after notice provided to the consumer. The bill would, instead, prohibit a business from using incentive practices that are coercive or usurious in nature. | |
| 27 | + | Existing law establishes in state government the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the states information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law makes the department responsible for the approval and oversight of information technology projects.Under existing law, specific public contracting provisions govern the acquisition of information technology goods and services, and require that the department make or supervise the making of contracts for the acquisition of information technology projects in accordance with that existing law. Under those provisions, except as specified, the department has the final authority in the determination of information technology procurement procedures applicable to acquisitions of information technology projects.This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition. The bill would require the Director of Technology, in cooperation with the Director of General Services, to prepare and submit to the Legislature, by January 1, 2019, a report regarding the progress in establishing the training program. | |
| 39 | 28 | ||
| 40 | 29 | Existing law establishes in state government the Department of Technology within the Government Operations Agency, supervised by the Director of Technology. Existing law requires the director, among other things, to advise the Governor on the strategic management and direction of the states information technology resources, to establish and enforce state information technology strategic plans, policies, standards, and enterprise architecture, and to produce an annual information technology strategic plan to guide the acquisition, management, and use of information technology. Existing law makes the department responsible for the approval and oversight of information technology projects. | |
| 41 | 30 | ||
| 42 | - | ||
| 43 | - | ||
| 44 | 31 | Under existing law, specific public contracting provisions govern the acquisition of information technology goods and services, and require that the department make or supervise the making of contracts for the acquisition of information technology projects in accordance with that existing law. Under those provisions, except as specified, the department has the final authority in the determination of information technology procurement procedures applicable to acquisitions of information technology projects. | |
| 45 | 32 | ||
| 46 | - | ||
| 47 | - | ||
| 48 | - | This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 49 | - | ||
| 50 | - | ||
| 33 | + | This bill would require the Director of Technology, in cooperation with the Director of General Services, to establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with those specific public contracting provisions, to develop, sustain, and advance their competency and skills in complex information technology acquisition. The bill would require the Director of Technology, in cooperation with the Director of General Services, to prepare and submit to the Legislature, by January 1, 2019, a report regarding the progress in establishing the training program. | |
| 51 | 34 | ||
| 52 | 35 | ## Digest Key | |
| 53 | 36 | ||
| 54 | 37 | ## Bill Text | |
| 55 | 38 | ||
| 56 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 39 | + | The people of the State of California do enact as follows:SECTION 1. Section 11546.8 is added to the Government Code, to read:11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition.SECTION 1.Section 11546.7 is added to the Government Code, to read:11546.7.(a)The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a training program and curriculum for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition.(b)The Director of Technology, in cooperation with the Director of General Services, shall prepare and submit to the Legislature, on or before January 1, 2019, a report regarding the progress in establishing the training program required by subdivision (a).(c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2023, pursuant to Section 10231.5.(2)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795. | |
| 57 | 40 | ||
| 58 | 41 | The people of the State of California do enact as follows: | |
| 59 | 42 | ||
| 60 | 43 | ## The people of the State of California do enact as follows: | |
| 61 | 44 | ||
| 62 | - | SECTION 1. Section | |
| 45 | + | SECTION 1. Section 11546.8 is added to the Government Code, to read:11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 63 | 46 | ||
| 64 | - | SECTION 1. Section | |
| 47 | + | SECTION 1. Section 11546.8 is added to the Government Code, to read: | |
| 65 | 48 | ||
| 66 | 49 | ### SECTION 1. | |
| 67 | 50 | ||
| 68 | - | ||
| 51 | + | 11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 69 | 52 | ||
| 70 | - | ||
| 53 | + | 11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 71 | 54 | ||
| 72 | - | ||
| 55 | + | 11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 73 | 56 | ||
| 74 | 57 | ||
| 75 | 58 | ||
| 76 | - | 1798.125. (a) (1) A business shall not unreasonably discriminate against a consumer because the consumer exercised any of the consumers rights under this title, including, but not limited to, by: | |
| 77 | - | ||
| 78 | - | (A) Denying goods or services to the consumer. | |
| 79 | - | ||
| 80 | - | (B) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties. | |
| 81 | - | ||
| 82 | - | (C) Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumers rights under this title. | |
| 83 | - | ||
| 84 | - | (D) Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services. | |
| 85 | - | ||
| 86 | - | (2) Nothing in this subdivision prohibits a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumers data. | |
| 87 | - | ||
| 88 | - | (b) (1) A business may offer financial incentives, including incentives, including, but not limited to, payments to consumers as compensation, for the collection of personal information, the sale or retention of personal information, or the deletion of personal information. information. A business may also offer a different price, rate, level, or quality of goods or services to the consumer consumer, including offering its goods or services for no fee, if that price or difference is directly reasonably related to the value provided to the consumer business by the consumers data. | |
| 89 | - | ||
| 90 | - | (2) A business that offers any financial incentives pursuant to subdivision (a), shall notify consumers of the financial incentives pursuant to Section 1798.135. | |
| 91 | - | ||
| 92 | - | (3) A business may enter a consumer into a financial an incentive program only if the consumer gives the business prior opt-in consent pursuant to Section 1798.135 after notice provided to the consumer which clearly describes the material terms of the financial incentive program, and which may be revoked by the consumer at any time. | |
| 93 | - | ||
| 94 | - | (4) A business shall not use financial incentive practices that are unjust, unreasonable, coercive, coercive or usurious in nature. | |
| 59 | + | 11546.8. The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 95 | 60 | ||
| 96 | 61 | ||
| 97 | 62 | ||
| 98 | 63 | ||
| 99 | 64 | ||
| 100 | - | The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a professional development training program and curriculum within the California Procurement and Contracting Academy for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 65 | + | (a)The Director of Technology, in cooperation with the Director of General Services, shall establish and oversee the implementation of a training program and curriculum for persons engaged in the procurement of information technology in accordance with Chapter 3 (commencing with Section 12100) of Part 2 of Division 2 of the Public Contract Code, to develop, sustain, and advance their competency and skills in complex information technology acquisition. | |
| 66 | + | ||
| 67 | + | ||
| 68 | + | ||
| 69 | + | (b)The Director of Technology, in cooperation with the Director of General Services, shall prepare and submit to the Legislature, on or before January 1, 2019, a report regarding the progress in establishing the training program required by subdivision (a). | |
| 70 | + | ||
| 71 | + | ||
| 72 | + | ||
| 73 | + | (c)(1)The requirement for submitting a report imposed under subdivision (b) is inoperative on January 1, 2023, pursuant to Section 10231.5. | |
| 74 | + | ||
| 75 | + | ||
| 76 | + | ||
| 77 | + | (2)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795. |