BILL NUMBER: AB 1668 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2007
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 An act to add Section 11543.5 to the
Government Code, and to add Section 12103.6 to the Public
Contract Code, relating to information technology.
LEGISLATIVE COUNSEL'S DIGEST
AB 1668, as amended, Leno. Information technology: 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 State Chief Information Officer ,
the Department of Technology Services, and the Department of General
Services .
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.
This bill would require the Director of Technology Services, in
conjunction with the State Chief Information Officer and other
specified state entities, to implement a project examining the use of
an open file format with no more than 3 state agencies or
departments. This bill would also require the Department of General
Services, in consultation with the State Chief Information Officer,
to consider specific modifications to the standards used for the
state to acquire information technology and to report its findings to
the Legislature no later than October 1, 2008.
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 11543.5 is added to the
Government Code , to read:
11543.5. The Director of Technology Services, in conjunction with
the State Chief Information Officer, the Legislative Analyst, and
the Office of Legislative Counsel, or their designees, shall conduct
a demonstration project to examine the use of an open file format by
state agencies and departments for creating, exchanging, maintaining,
and preserving electronically produced text documents, spreadsheets,
and presentations. The demonstration shall be conducted in up to
three agencies or departments of state government.
SEC. 2. Section 12103.6 is added to the
Public Contract Code , to read:
12103.6. (a) The department, in consultation with the State Chief
Information Officer, shall consider modifications to the standards
used for reviewing the appropriateness of proposed information
technology procurements, set forth in Section 12103.5, for the
purpose of ensuring that the department's assessment weighs the
leveraging of existing information technology investments against the
state's archival needs, business and interoperability needs, and the
public's right to access government information.
(b) Modifications considered by the department and the State Chief
Information Officer shall be for the purpose of assuring that the
review standards do not create a preference for a particular type of
technology.
(c) On or before October 1, 2008, the department shall report to
the Legislature on its deliberations and findings pursuant to this
section.
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.