BILL REQ. #:  S-0788.1 

Read first time 01/19/09.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to information technology; amending RCW 43.20A.060, 43.105.290, 43.105.340, 43.105.350, 43.105.360, and 43.105.800; creating a new section; repealing RCW 43.105.005, 43.105.017, 43.105.020, 43.105.032, 43.105.041, 43.105.047, 43.105.052, 43.105.055, 43.105.057, 43.105.060, 43.105.070, 43.105.080, 43.105.095, 43.105.105, 43.105.160, 43.105.170, 43.105.180, 43.105.190, 43.105.200, 43.105.210, 43.105.320, 43.105.330, 43.105.810, 43.105.815, 43.105.820, 43.105.825, 43.105.830, 43.105.835, 43.105.900, 43.105.901, 43.105.902, 43.105.903, 43.105.904, and 43.105.905; providing effective dates; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.20A.060 and 1989 1st ex.s. c 9 s 213 are each amended to read as follows:
     (1) The department of social and health services shall be subdivided into divisions, including a division of vocational rehabilitation. Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the secretary and approved by the governor. In preparing such plans, the secretary shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of the departments of public assistance, institutions, the veterans' rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education.
     (2) The department shall eliminate the information system services division and may not maintain a similar division in the future. The division's current responsibilities must be absorbed by the department's various administrations within the department's current funding levels.

Sec. 2   RCW 43.105.290 and 1996 c 171 s 13 are each amended to read as follows:
     The state library, with the assistance of ((the department of information services and)) the state archives, shall establish a pilot project to design and test an electronic information locator system, allowing members of the public to locate and access electronic public records. In designing the system, the following factors shall be considered: (1) Ease of operation by citizens; (2) access through multiple technologies, such as direct dial and toll-free numbers, kiosks, and the internet; (3) compatibility with private online services; and (4) capability of expanding the electronic public records included in the system. The pilot project may restrict the type and quality of electronic public records that are included in the system to test the feasibility of making electronic public records and information widely available to the public.

Sec. 3   RCW 43.105.340 and 2008 c 151 s 2 are each amended to read as follows:
     (((1))) The ((department)) attorney general's office shall coordinate among state agencies to develop a consumer protection web site. The web site shall serve as a one-stop web site for consumer information. At a minimum, the web site must provide links to information on:
     (((a))) (1) Insurance information provided by the office of the insurance commissioner, including information on how to file consumer complaints against insurance companies, how to look up authorized insurers, and how to learn more about health insurance benefits;
     (((b))) (2) Child care information provided by the department of early learning, including how to select a child care provider, how child care providers are rated, and information about product recalls;
     (((c))) (3) Financial information provided by the department of financial institutions, including consumer information on financial fraud, investing, credit, and enforcement actions;
     (((d))) (4) Health care information provided by the department of health, including health care provider listings and quality assurance information;
     (((e))) (5) Home care information provided by the home care quality authority, including information to assist consumers in finding an in-home provider;
     (((f))) (6) Licensing information provided by the department of licensing, including information regarding business, vehicle, and professional licensing; and
     (((g))) (7) Other information available on existing state agency web sites that could be a helpful resource for consumers.
     (((2) By July 1, 2008, state agencies shall report to the department on whether they maintain resources for consumers that could be made available through the consumer protection web site.
     (3) By September 1, 2008, the department shall make the consumer protection web site available to the public.
     (4) After September 1, 2008, the department, in coordination with other state agencies, shall develop a plan on how to build upon the consumer protection web site to create a consumer protection portal. The plan must also include an examination of the feasibility of developing a toll-free information line to support the consumer protection portal. The plan must be submitted to the governor and the appropriate committees of the legislature by December 1, 2008.))

Sec. 4   RCW 43.105.350 and 2008 c 262 s 3 are each amended to read as follows:
     (1) For purposes of compliance with section 2, chapter 262, Laws of 2008 or any subsequent high-speed internet deployment and adoption initiative, ((the department of information services,)) the department of community, trade, and economic development, the utilities and transportation commission, and any other government agent or agency shall not gather or request any information related to high-speed internet infrastructure or service from providers of telecommunications or high-speed internet services that is classified by the provider as proprietary or competitively sensitive.
     (2) Nothing in this section may be construed as limiting the authority of a state agency or local government to gather or request information from providers of telecommunications or high-speed internet services for other purposes pursuant to its statutory authority.

Sec. 5   RCW 43.105.360 and 2008 c 262 s 5 are each amended to read as follows:
     (1) By January 1, 2009, ((the department, in consultation with)) Washington State University((,)) shall identify and make publicly available a web directory of public facilities that provide community technology programs throughout the state.
     (2) For the purposes of this section, "community technology program" has the same meaning as in RCW 28B.32.020.

Sec. 6   RCW 43.105.800 and 1999 c 285 s 2 are each amended to read as follows:
     The K-20 educational network board is created. The purpose of the K-20 board is to ensure that the K-20 educational telecommunications network is operated in a way that serves the broad public interest above the interest of any network user.
     (1) The K-20 board shall comprise ((eleven)) nine voting and seven nonvoting members as follows:
     (a) Voting members shall include: A person designated by the governor; one member of each caucus of the senate, appointed by the president of the senate; one member of each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction or his or her designee; the executive director of the higher education coordinating board or his or her designee; the executive director of the state board for community and technical colleges or his or her designee; ((the chair of the information services board, or his or her designee; the director of the department of information services or his or her designee;)) and one citizen member.
     The citizen member shall be appointed to a four-year term by the governor with the consent of the senate. ((The governor shall appoint the citizen member of the K-20 board by July 30, 1999.))
     (b) Nonvoting members shall include one community or technical college president, appointed by the state board for technical and community colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved private school, appointed by the superintendent of public instruction; and one representative of independent baccalaureate institutions, appointed by the Washington association of independent colleges and universities.
     (2) ((The director of the department of information services or his or her designee shall serve as chair of the K-20 board.)) The chair must be elected by majority vote from among the voting members. The ((department of information services)) office of the superintendent of public instruction shall provide staffing to the K-20 board. A majority of the voting members of the K-20 board shall constitute a quorum for the transaction of business.
     (3) The citizen member of the K-20 board shall be compensated in accordance with RCW 43.03.250.

NEW SECTION.  Sec. 7   Any funds remaining in the data processing revolving fund, the K-20 technology account, and the education technology revolving fund on January 1, 2010, must be transferred to the state general fund.

NEW SECTION.  Sec. 8   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2009.

NEW SECTION.  Sec. 9   Sections 2 through 7 of this act take effect January 1, 2010.

NEW SECTION.  Sec. 10   The following acts or parts of acts are each repealed:
     (1) RCW 43.105.005 (Purpose) and 1990 c 208 s 1 & 1987 c 504 s 1;
     (2) RCW 43.105.017 (Legislative intent) and 1992 c 20 s 6, 1990 c 208 s 2, & 1987 c 504 s 2;
     (3) RCW 43.105.020 (Definitions) and 2003 c 18 s 2;
     (4) RCW 43.105.032 (Information services board -- Members--Chairperson -- Vacancies -- Quorum -- Compensation and travel expenses) and 2007 c 158 s 1, 1999 c 241 s 2, 1996 c 137 s 10, 1992 c 20 s 8, 1987 c 504 s 4, 1984 c 287 s 86, 1975-'76 2nd ex.s. c 34 s 128, & 1973 1st ex.s. c 219 s 5;
     (5) RCW 43.105.041 (Powers and duties of board) and 2003 c 18 s 3 & 1999 c 285 s 5;
     (6) RCW 43.105.047 (Department created -- Appointment of director--Director's duties) and 1999 c 80 s 5, 1992 c 20 s 9, & 1987 c 504 s 6;
     (7) RCW 43.105.052 (Powers and duties of department) and 2000 c 180 s 1, 1999 c 80 s 6, 1993 c 281 s 53, 1992 c 20 s 10, 1990 c 208 s 7, & 1987 c 504 s 8;
     (8) RCW 43.105.055 (Advisory committees -- Customer advisory board) and 1999 c 80 s 7 & 1987 c 504 s 9;
     (9) RCW 43.105.057 (Rule-making authority) and 1992 c 20 s 11 & 1990 c 208 s 13;
     (10) RCW 43.105.060 (Contracts by state and local agencies with department) and 1987 c 504 s 10, 1973 1st ex.s. c 219 s 9, & 1967 ex.s. c 115 s 6;
     (11) RCW 43.105.070 (Confidential or privileged information) and 1969 ex.s. c 212 s 4;
     (12) RCW 43.105.080 (Data processing revolving fund -- Created -- Use) and 1999 c 80 s 8, 1992 c 235 s 6, 1987 c 504 s 11, 1983 c 3 s 116, & 1974 ex.s. c 129 s 1;
     (13) RCW 43.105.095 (Management and oversight structure) and 1999 c 80 s 3;
     (14) RCW 43.105.105 (Information technology decisions and plans) and 1999 c 80 s 4;
     (15) RCW 43.105.160 (Strategic information technology plan--Biennial state performance report on information technology) and 2005 c 319 s 110, 1999 c 80 s 9, 1998 c 177 s 3, 1996 c 171 s 9, & 1992 c 20 s 1;
     (16) RCW 43.105.170 (Information technology portfolios -- Contents--Performance reports) and 1999 c 80 s 10;
     (17) RCW 43.105.180 (Budget request to be evaluated for information technology projects) and 1999 c 80 s 11;
     (18) RCW 43.105.190 (Major information technology projects standards and policies -- Project evaluation and reporting) and 2005 c 319 s 111, 1999 c 80 s 12, 1998 c 177 s 4, 1996 c 137 s 15, & 1992 c 20 s 4;
     (19) RCW 43.105.200 (Application to institutions of higher education) and 1992 c 20 s 5;
     (20) RCW 43.105.210 (Data processing expenditures -- Authorization--Penalties) and 1993 sp.s. c 1 s 903;
     (21) RCW 43.105.320 (Departmental authority as certification authority for electronic authentication) and 1999 c 287 s 18 & 1997 c 27 s 29;
     (22) RCW 43.105.330 (State interoperability executive committee) and 2006 c 76 s 2 & 2003 c 18 s 4;
     (23) RCW 43.105.810 (K-20 network technical steering committee) and 1999 c 285 s 6;
     (24) RCW 43.105.815 (K-20 operations cooperative -- Ongoing management) and 1999 c 285 s 8;
     (25) RCW 43.105.820 (K-20 telecommunication system -- Technical plan) and 1999 c 285 s 11 & 1996 c 137 s 8;
     (26) RCW 43.105.825 (K-20 network -- Oversight -- Coordination of telecommunications planning) and 2004 c 275 s 62 & 1999 c 285 s 7;
     (27) RCW 43.105.830 (K-20 technology account) and 2004 c 276 s 909, 1999 c 285 s 9, 1997 c 180 s 2, & 1996 c 137 s 7;
     (28) RCW 43.105.835 (Education technology revolving fund) and 2004 c 276 s 910, 1999 c 285 s 10, & 1997 c 180 s 1;
     (29) RCW 43.105.900 (Severability -- 1973 1st ex.s. c 219) and 1973 1st ex.s. c 219 s 10;
     (30) RCW 43.105.901 (Severability -- 1987 c 504) and 1987 c 504 s 25;
     (31) RCW 43.105.902 (Effective date -- 1987 c 504) and 1987 c 504 s 26;
     (32) RCW 43.105.903 (Effective date -- 1999 c 285) and 1999 c 285 s 14;
     (33) RCW 43.105.904 (Actions of telecommunications oversight and policy committee -- Savings -- 1999 c 285) and 1999 c 285 s 4; and
     (34) RCW 43.105.905 (Construction -- 2008 c 262) and 2008 c 262 s 4.