BILL NUMBER: AB 1668	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2007

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 23, 2007

   An act to add Section 11541.1 to the Government Code, relating to
information technology.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1668, as amended, Leno. Information technology: 
open-document software.   use of approved open file
format software. 
   Existing law sets forth the requirements for the acquisition of
information technology goods and services, and establishes the duties
and responsibilities of the  Department of Technology
Services   State Chief Information Officer  .

   This bill would require all state agencies, beginning on or after
January 1, 2008, to create, exchange, and preserve all documents, as
specified, in an open extensible markup language-based, XML-based
file format, and to start to become equipped to receive any document
in an open, XML-based file format, as specified. The bill also would
require the Department of Technology Services to evaluate, as
specified, all open, XML-based file formats and to develop
guidelines, as specified, for state agencies in using open, XML-based
file formats. 
    This bill would require state agencies and departments to
only create, exchange, maintain, and preserve all electronically
produced text documents, spreadsheets, and presentations, and to
accept this type of information, in an open file format approved by
the State Chief Information Officer. The bill would further set forth
the criteria for the State Chief Information Officer to approve an
open file format and to create guidelines for state agencies and
departments to follow in determining whether to convert electronic
text, spreadsheets, and presentations existing before January 1,
2008, to an approved open file format. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 11541.1 is added to the 
 Government Code  , to read:  
   11541.1.  (a) A state agency or department shall only create,
exchange, maintain, and preserve all electronically produced text
documents, spreadsheets, and presentations in an open file format
approved by the State Chief Information Officer. The State Chief
Information Officer may approve any open file format that meets all
of the following criteria:
   (1) Interoperable among diverse internal and external platforms
and applications.
   (2) Fully published and available royalty-free.
   (3) Fully and independently implemented by multiple software
providers on multiple platforms without any intellectual property
restrictions for necessary technology. An "intellectual property
restriction" does not include a right retained by the holder of a
patent or copyright to terminate a license or covenant with any
person or entity that brings a claim of patent or copyright
infringement against the holder.
   (4) Developed and maintained by an open industry organization with
a well-defined inclusive process for evolution of the standard.
   (b) A state agency or department shall be able to accept all
electronically produced text documents, spreadsheets, and
presentations in an open file format approved by the State Chief
Information Officer.
   (c) Not later than ____, the State Chief Information Officer shall
develop guidelines for state agencies and departments to follow in
determining whether to convert electronic text, spreadsheets, and
presentations existing before January 1, 2008, to an approved open
file format. In developing these guidelines, the State Chief
Information Officer shall consider all of the following:
   (1) The cost of conversion.
   (2) Potential cost savings of migrating to applications supporting
an approved open file format.
   (3) The need to ensure public access.
   (4) The expected storage life of the electronic text documents,
spreadsheets, and presentations.
   (d) A state agency or department shall migrate to each open file
format approved by the State Chief Information Officer during the
regularly scheduled software upgrade cycle immediately after the
agency or department receives notice that the State Chief Information
Officer approved the open file format.  
  SECTION 1.    Section 11541.1 is added to the
Government Code, to read:
   11541.1.  (a) Beginning on or after January 1, 2008, all
documents, including, but not limited to, text, spreadsheets, and
presentations, produced by any state agency shall be created,
exchanged, and preserved in an open extensible markup language-based,
XML-based file format, as specified by the department. When deciding
how to implement this section, the department in its evaluation of
open, XML-based file formats shall consider all of the following
features:
   (1) Interoperable among diverse internal and external platforms
and applications.
   (2) Fully published and available royalty-free.
   (3) Implemented by multiple vendors.
   (4) Controlled by an open industry organization with a
well-defined inclusive process for evolution of the standard.
   (b) Beginning on or after January 1, 2008, state agencies shall
start to become equipped to accept all documents in an open,
XML-based file format for office applications, and shall not adopt a
file format used by only one entity.
   (c) The department shall develop guidelines for state agencies to
follow in determining whether existing electronic documents need to
be converted to an open, XML-based file format. The department shall
consider all of the following:
   (1) The cost of converting electronic documents.
   (2) The need for the documents to be publicly accessible.
   (3) The expected storage life of the documents.