BILL NUMBER: AB 1668 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2007
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 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 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 further require the State Chief
Information Officer, in conjunction with other specified state
entities, to report on the results of the project no later than
January 10, 2009. 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. (a) 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 project shall be conducted in up to three
agencies or departments of state government. The demonstration
project shall be for no longer than six months and completed by
September 30, 2008.
(b) The purpose of the demonstration project is to allow the
participating state agencies and departments to evaluate open file
formats on the following criteria:
(1) The availability of an open file format that is all of the
following:
(A) Interoperable among diverse platforms and applications.
(B) Fully published and available royalty-free.
(C) Fully and independently implementable 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.
(D) Developed and maintained by an open standards organization
with a well-defined inclusive process for evolution of the standard.
(2) Licensing costs of software.
(3) Hardware costs.
(4) Training.
(5) Support service requirements.
(6) Cost and availability of necessary file conversion.
(c) The State Chief Information Officer shall convene an initial
meeting of him or her, the Director of Technology Services, the
Legislative Analyst, and the Legislative Counsel, or their designees,
on _______.
(d) At the conclusion of the six month demonstration project, the
State Chief Information Officer, the Director of Technology Services,
the Legislative Analyst, and the Legislative Counsel, or their
designees, shall prepare a report that compiles the findings of the
participating state agencies and departments on the open file formats
based on criteria set forth in subdivision (b). The report shall
also do all of the following:
(1) Identify and describe available format and implementation
options considered by each participating agency or department to
accept, create, exchange, maintain, and preserve electronically
produced text documents, spreadsheets, and presentations in an open
file format.
(2) Provide an explanation for accepting or rejecting the options
identified, including, but not limited to, both of the following:
(A) Instances where software necessitates the purchase of new
hardware.
(B) The ease with which an implementation path can be implemented.
(e) The State Chief Information Officer shall deliver the report
described in subdivision (d) to the Legislature on or before January
10, 2009.
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.