S-2610.7 _______________________________________________
SENATE BILL 6006
_______________________________________________
State of Washington 52nd Legislature 1991 1st Special Session
By Senators Talmadge and Cantu.
Read first time June 28, 1991. Referred to Committee on Governmental Operations.
AN ACT Relating to state information systems and services; and amending 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, and 43.105.057.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.105.005 and 1990 c 208 s 1 are each amended to read as follows:
It is
a purpose of this chapter to provide for the coordinated planning,
acquisition, and management of state information systems and
services. The legislature recognizes that information systems((,
telecommunications, equipment, software,)) and services must satisfy the
needs of end users ((and that)). Many appropriate and
cost-effective alternatives exist for meeting these needs((,));
such as ((shared)) mainframe ((computing, shared)) mini and
microcomputing systems; wide area voice, data, and video telecommunications
((services,)) networks, and local area networks((,
departmental minicomputers, and microcomputers)).
Sec. 2. RCW 43.105.017 and 1990 c 208 s 2 are each amended to read as follows:
It is the intent of the legislature that:
(1) State government use voice, data, and video telecommunications technologies to:
(a) Transmit and increase access to live, interactive classroom instruction and training;
(b) Provide for interactive public affairs presentations, including a public forum for state and local issues;
(c) Facilitate communications and exchange of information among state and local elected officials and the general public;
(d) Enhance state-wide communications within state agencies; and
(e) ((Through
the use of telecommunications,)) Reduce time lost due to travel to
in-state meetings;
(2)
Information be shared and ((administered)) planned for in a
coordinated manner between executive agencies, and between the executive,
legislative, and judicial branches of state government, except when
prevented by ((agency responsibilities for)) the need to protect the
accuracy, integrity, security, privacy, or confidentiality of the
information;
(3)
The primary responsibility for the planning, acquisition, and management
((and use)) of executive agency, legislative, and court
information, information systems, ((telecommunications, equipment, software,))
and services rests with ((each agency)) the chief executive officer
of an executive agency, with the chief justice of the supreme court, and
jointly with the president of the senate and the speaker of the house of
representatives, or by their designated representatives;
(4) Information
systems resources shall be ((used)) planned, acquired, and
managed in the most efficient manner and services shall be shared
when cost-effective;
(5) A structure be created to:
(a) ((Plan
and manage telecommunications and computing networks)) Coordinate the
planning of all executive agency and judicial branch information systems, and
oversee the acquisition and management of all executive agency and judicial
branch information systems projects;
(b)
Increase ((agencies')) awareness of information-sharing
opportunities among all three branches of state government and with federal
and local governments; and
(c) Assist executive agencies and the judiciary in identifying and implementing such shared possibilities;
(6) An acquisition process for information systems or equipment, proprietary software, and related services be established that meets the specific needs of the end users, considers the relevant exchange of information between all government entities, and promotes fair and open competition by allowing qualified potential vendors to demonstrate prototype information systems prior to a predetermined date on which no further demonstrations will be evaluated. A contractor shall be selected on criteria that are relevant in both content and construct terms and shown to predict a potential vendor's capacity to successfully provide information systems or equipment, proprietary software, and related services sought by the state;
(7) ((The))
State agencies and the judiciary shall make it a priority to
improve recruitment, retention, and training of professional and technical
staff who possess state-of-the-art skills in planning information systems,
completing feasibility studies, and acquiring and managing information systems;
(8) All
plans, proposals, feasibility studies, and acquisitions ((for))
of information ((services)) systems shall be reviewed from
a financial standpoint that considers the state's cost of acquiring capital
and the time value of money, and from a strategic management
perspective as part of the budget process; and
(9)
State government adopt policies and procedures that maximize the cost-effective
use of ((existing video telecommunications)) information systems
resources, coordinate and develop ((video)) information systems
in a manner that is cost-effective and encourages shared use((,)) and
ensures the appropriate use of ((video telecommunications)) information
systems to fulfill identified strategic needs.
Sec. 3. RCW 43.105.020 and 1990 c 208 s 3 are each amended to read as follows:
As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:
(1) "Information systems" collectively means data processing hardware, software, and application systems; voice, data, and video telecommunications hardware, software, and applications systems; and office automation hardware, software, and application systems;
(2) "Department" means the department of information services;
(((2)))
(3) "Board" means the information services board;
(((3)))
(4) "Local governments" includes all municipal and quasi
municipal corporations and political subdivisions, and all agencies of such
corporations and subdivisions authorized to contract separately;
(((4)))
(5) "Director" means the director of the department;
(((5)))
(6) "Purchased services" means services provided by a vendor
to accomplish routine, continuing, and necessary functions. This term
includes, but is not limited to, services acquired for equipment maintenance
and repair, operation of a physical plant, security, computer hardware and
software installation and maintenance, data entry, ((keypunch services,))
programming services, and computer time-sharing;
(((6)))
(7) "Backbone network" means the shared high-density portions
of the state's telecommunications transmission facilities. It includes
specially conditioned high-speed communications carrier lines, multiplexors,
switches associated with such communications lines, and any equipment and
software components necessary for management and control of the backbone
network;
(((7)))
(8) "Telecommunications" means the transmission of information
by wire, radio, optical cable, electromagnetic, or other means;
(((8)))
(9) "Information processing" means the electronic capture,
collection, storage, manipulation, transmission, retrieval, and presentation of
information in the form of data, text, voice, or image and includes
telecommunications and office automation functions;
(((9)))
(10) "Information services" means data processing((,)) and
telecommunications((, and office automation)) services;
(((10)))
(11) "Equipment" means the machines, devices, and transmission
facilities used in information processing, such as computers, word processors,
terminals, telephones, ((and)) cables, and all ancillary items
necessary for their proper operation;
(((11)))
(12) "Proprietary software" means that software offered for
sale or license;
(((12)))
(13) "Video telecommunications" means the electronic
interconnection of two or more sites for the purpose of transmitting and/or
receiving visual and associated audio information. Video telecommunications
shall not include existing public television broadcast stations as currently
designated by the department of community development under chapter 43.63A RCW;
(14) "Executive agency" is any executive branch agency in which the chief executive officer is appointed directly by the governor or by a board that is appointed in whole or in part by the governor. Executive agency shall also include, but shall not be limited to, the offices of other independently elected state officials such as the lieutenant governor, the superintendent of public instruction, the insurance commissioner, the state treasurer, the state auditor, the secretary of state, the commissioner of public lands, the attorney general, and universities and colleges;
(15) "Chief executive officer" means the director, secretary, or commissioner of an executive agency as defined in RCW 43.17.020 and 50.08.010. This definition shall include, but shall not be limited to, other independently elected state officials such as the lieutenant governor, the superintendent of public instruction, the insurance commissioner, the state treasurer, the state auditor, the secretary of state, the commissioner of public lands, the attorney general, and presidents of universities and colleges. This definition shall be interpreted liberally and in a manner consistent with subsection (14) of this section.
Sec. 4. RCW 43.105.032 and 1987 c 504 s 4 are each amended to read as follows:
There
is hereby created the Washington state information services board. The board
shall be composed of nine members. ((Seven)) Four members shall
be appointed by the governor, and serving at the governor's pleasure as
follows: ((Three)) One representative((s)) from a
cabinet ((agencies)) agency, one representative from higher
education specializing in the information systems field, one
representative from a noncabinet executive agency, and ((two)) one
representative((s)) from the private sector. Two representatives,
one from each major political party, shall be chosen from the legislature, one
member chosen by the speaker of the house of representatives, and one member
chosen by the president of the senate. One member shall represent the
judicial branch and be appointed by the chief justice of the supreme court and
one member shall be the director of the information systems division of the
office of the administrator for the courts. One member shall ((represent
the legislative branch and shall be selected by the president of the senate and
the speaker of the house of representatives)) be the director of the
legislative service center. These ((members)) persons shall
constitute the membership of the board with full voting rights. The director
shall be an ex officio, nonvoting member of the board. The board shall select
a chairperson from among its members.
Vacancies shall be filled in the same manner that the original appointments were made.
A majority of the members of the board shall constitute a quorum for the transaction of business.
Members of the board shall be compensated for service on the board in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
Sec. 5. RCW 43.105.041 and 1990 c 208 s 6 are each amended to read as follows:
The board shall have the following powers and duties related to executive agency and judiciary information systems planning and services:
(1) To develop standards governing the planning, acquisition, management, operation, and disposition of executive agency information systems equipment, proprietary software and purchased services, and confidentiality of computerized data;
(2) To
((purchase, lease, rent, or otherwise acquire, dispose of, and maintain
equipment,)) oversee the planning of information systems and direct
policy in areas related to acquiring, purchasing, leasing, renting, or other
acquisition, management and disposal of proprietary software, ((and
purchased services, or to)) and information systems. The board shall
delegate to other executive agencies and institutions of state
government, if necessary and under appropriate standards, the authority
to purchase, lease, rent, or otherwise acquire, operate, and dispose
of((, and maintain)) equipment, proprietary software, and purchased
services: PROVIDED, That, executive agencies and institutions of state
government are expressly prohibited from acquiring or disposing of equipment,
proprietary software, and purchased services without such delegation of
authority. The acquisition and disposition of equipment, proprietary software,
and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW
43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200. This subsection
does not apply to the legislative branch of state government;
(3) To
develop state-wide ((or interagency)) technical policies, standards, and
cost-benefit analysis procedures that maximize the efficient use of
existing state information systems;
(4) To assure the cost-effective development and incremental implementation of a state-wide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;
(5) To
((provide direction concerning)) direct strategic planning ((goals))
and goal-setting objectives for the state's information systems.
The board shall ((seek input from the legislature and the judiciary)) provide
the office of financial management and legislative appropriations committees
with biennial reports, and other reports as requested, that forecast the
long-term fiscal impact of the state's information systems plan and goals;
(6) To develop and implement a process for the resolution of appeals by:
(a) Vendors concerning the conduct of an acquisition process by an executive agency, the judiciary, or the department; or
(b) A customer agency concerning the provision of services by the department or by other state agency providers;
(7) To establish policies for the periodic review by the department of executive agency and judiciary performance which may include but are not limited to analysis of:
(a) Planning, management, control, and use of information systems and services;
(b) Training and education; and
(c) Project management;
(8) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director; and
(9) To review and approve that portion of the department's budget requests that provides for support to the board.
Sec. 6. RCW 43.105.047 and 1987 c 504 s 6 are each amended to read as follows:
There is created the department of information services. The department shall be headed by a director appointed by the governor with the consent of the senate. The director shall serve at the governor's pleasure and shall receive such salary as determined by the governor. The director shall:
(1) Appoint a confidential secretary and such deputy and assistant directors as needed to administer the department. However, the total number of deputy and assistant directors shall not exceed four;
(2)
Maintain and fund a strategic planning ((component)) and
project management division separate from the services component of the
department. The strategic planning and project management division shall be
managed as a separate branch of the department for accounting and auditing
purposes, and shall operate solely on funds appropriated by the legislature for
administering the duties of the strategic planning and project management
division;
(3) Appoint such professional, technical, and clerical assistants and employees as may be necessary to perform the duties imposed by this chapter;
(4) Report to the governor and the board any matters relating to abuses and evasions of this chapter; and
(5) Recommend statutory changes to the governor and the board.
Sec. 7. RCW 43.105.052 and 1990 c 208 s 7 are each amended to read as follows:
The department shall:
(1)
Perform all duties and responsibilities the board delegates to the department,
including but not limited to((:
(a)
The review of agency acquisition plans and requests; and
(b))) implementation
of state-wide and interagency policies, standards, and guidelines;
(2) Make available information system services to state agencies and local governments on a full cost-recovery basis. These services may include, but are not limited to:
(a) Telecommunications services for voice, data, and video;
(b) Mainframe computing services;
(c)
Support for ((departmental and)) executive agency and judiciary mainframe,
mini and microcomputer evaluation, installation, and use;
(d) Equipment acquisition assistance, including leasing, brokering, and establishing master contracts;
(e) Facilities management services for information technology equipment, equipment repair, and maintenance service;
(f) ((Negotiate
[Negotiation])) Negotiation with local cable companies and local
governments to provide for connection to local cable services to allow for
access to these public and educational channels in the state;
(g) Office automation services;
(h)
System development services; ((and))
(i) Contract services;
(j) Training; and
(k) Comprehensive information systems acquisition project management assistance in areas that include, but are not limited to, feasibility studies, acquisitions, the design of information systems, financial analysis, job design and work measurement studies, capacity planning and facility location, quality assurance, material requirements planning, and critical path scheduling.
((These))
The services in (a) through (j) of this subsection are for
discretionary use by customers and customers may elect other alternatives for
service if those alternatives are more cost-effective or provide better
service. This shall not release the department of information services from
the requirements of reviewing and approving all executive agency and judiciary
feasibility studies and purchasing procedures related to information systems
prior to their being forwarded to the office of financial management and
legislative appropriations committees for further consideration. Agencies
may be required to use the backbone network portions of the telecommunications
services during an initial start-up period not to exceed three years;
(3)
Establish rates and fees for services provided by the department to assure that
the service((s)) component of the department is self-supporting. A
billing rate plan shall be developed for a two-year period to coincide with the
budgeting process. The rate plan shall be subject to review at least annually
by the customer oversight committees. The rate plan shall show the proposed
rates by each cost center and will show the components of the rate structure as
mutually determined by the department and the customer oversight committees.
The same rate structure will apply to all user agencies of each cost center.
The rate plan and any adjustments to rates shall be approved by the office of
financial management. The service((s)) component shall not subsidize
the operations of the ((planning component)) strategic planning and
project management division;
(4)
With the advice of the information services board, the judiciary, and the
executive agencies it serves, develop and publish a
state-wide ((goals and objectives)) information systems strategic
plan at least biennially;
(5) Develop action plans for the department's achievement of state-wide goals and objectives. These plans shall address such services as telecommunications, central and distributed computing, local area networks, office automation, and end user computing. The department shall seek the advice of customer oversight committees and the board in the development of these plans;
(6) Under direction of the information services board and in collaboration with the department of personnel, the higher education personnel board, and other agencies or branches of government as may be appropriate, develop training plans and coordinate training programs that are responsive to the needs of executive agencies and the judiciary;
(7)
Identify opportunities for the effective shared use of information ((services))
systems and coordinate appropriate responses to those opportunities;
(8) Biennially
assess executive agencies' ((projects, acquisitions)) information
systems, plans, or overall information processing performance as requested
by the board, agencies, the director of financial management, or ((the
legislature)) legislative appropriations committees. Agencies ((may))
shall be required to reimburse the department on a cost recovery
basis for ((agency-requested)) biennial reviews. The
department shall present their findings to the governor, the board, and the
appropriate legislative oversight committees;
(9)
Develop planning, budgeting, and expenditure reporting requirements((,))
related to information systems acquisition projects in conjunction with
the office of financial management((,)) and the legislative
appropriations committees for all executive agencies and the
judiciary to follow;
(10) Assist the office of financial management with budgetary and policy review of agency plans for information services;
(11)
Provide staff support ((from the planning component)) to the board for:
(a) Meeting preparation, notices, and minutes;
(b) Promulgation of policies, standards, and guidelines adopted by the board;
(c) Supervision of studies and reports requested by the board;
(d) Conducting reviews and assessments as directed by the board;
(12)
Be the lead agency in coordinating video telecommunications planning and
services for all state agencies and develop, pursuant to board policies,
standards and common specifications for leased and purchased telecommunications
equipment. The department shall not evaluate the merits of school curriculum,
higher education course offerings, or other education and training programs
proposed for transmission and/or reception using video telecommunications
resources. Nothing in this section shall abrogate or abridge the legal
responsibilities of licensees of telecommunications facilities as licensed by
the federal communication commission on March 27, 1990; ((and))
(13)
((Perform all other matters and things necessary to carry out the purposes
and provisions of this chapter)) The director of the department shall
approve all feasibility studies, advanced planning documents, and requests for proposals
related to executive agency and judiciary information systems acquisitions
prior to their being forwarded to the board, the office of financial
management, and legislative appropriations committees for further
consideration. The director shall guarantee vendors have sufficient time to
prototype and demonstrate their information systems before a reasonable closing
date is set upon which no further demonstrations will be reviewed. The
director shall monitor all information systems acquisitions projects of
executive agencies and the judiciary and report jointly with the chief
executive officer of the executive agency or the administrator of the office of
the administrator for the courts, upon request, to the board, the office of
financial management, and legislative appropriations committees on the content
of feasibility studies, project status, and budget variances associated with
executive agency and judicial information systems acquisitions;
(14) The department shall monitor and give final approval of all rule making activities of any state executive agency or the judiciary in the areas of planning, feasibility analysis, and acquisition procedures for information systems projects;
(15) The department shall guarantee that the following minimum requirements are adopted by all executive agencies and judiciary:
(a) Each executive agency and the judiciary shall produce and keep up-to-date documents that detail the key business issues to be resolved by their present and desired information systems. These documents shall define the systems' major objectives and justifications, scope, approach, and requirements, and answer, consistent with RCW 43.105.017, that they are feasible and cost-effective. The analysis shall also evaluate the costs and benefits of maintaining the status quo;
(b) Information systems acquisition projects shall be divided into the following phases:
(i) The preliminary design phase. This conceptual design and feasibility analysis phase will allow the department and an executive agency or department and the judiciary the opportunity to design the project conceptually and present preliminary feasibility studies and cost-benefit estimates to the board, the office of financial management, and legislative appropriations committees;
(ii) A review and funding phase. This phase will provide the board, the office of financial management, and the legislative appropriations committees with the information they need to prepare budgets and appropriate funding for the next phase;
(iii) The detail design and request for proposal phase. This phase will complete the detail design of the project, issue final requests for proposal, permit a reasonable period of time for potential vendors to demonstrate their prototype systems, secure final bids from potential vendors for completing an acquisition project, and finalize the selection process for a contractor;
(iv) A review and funding phase. This phase will provide the board, the office of financial management, and legislative appropriations committees with the information they need to prepare budgets and appropriate funding for the next phase;
(v) The development and implementation phase. During this phase, the department and an executive agency or the department and the judiciary will monitor and apply all the concepts and details identified in the detail design and request for proposal phase, and bring the information systems into operation;
(vi) The phases outlined above may be combined, compressed, or extended if necessary and agreed to by the board, the office of financial management, and the legislative appropriations committees, to ensure the uninterrupted progress of these projects while considering the constraints imposed by the legislative session in making appropriations for information systems acquisition projects;
(16) The department and an executive agency or the department and the judiciary shall provide a project progress report to the board, the office of financial management, and appropriate legislative appropriations committees at each review and funding phase. Authority to expend funds for an information systems acquisition project is conditional upon the receipt, review, and approval of the progress report by the board, the office of financial management, and legislative appropriations committees. Progress reports shall examine and evaluate project management, accomplishments, budget variances, actions taken and planned to address budget and schedule variances, risk management, cost and benefit updates, and other aspects determined by the office of financial management and the legislative appropriations committees to be critical for evaluating the project;
(17) The department shall not allow work to commence on any subsequent phase of a project until the progress report of the preceding phase has been reviewed and approved by the board, the office of financial management, and legislative appropriations committees;
(18) The department and an executive agency or the department and the judiciary shall perform a project review at any time during a project if requested by the office of financial management or legislative appropriations committees. If a project review is requested, the review shall examine and evaluate: System requirements; the scope of a project; system architecture; change controls; documentation; user involvement; availability and capability of personnel and financial resources to complete a project; programming languages and techniques; system inputs and outputs; plans for testing, implementation, and postimplementation; and other aspects critical for successful construction, integration, and implementation of information systems;
(19) A written postimplementation report shall be prepared by the department for each information systems project. This report shall evaluate the degree to which the project accomplished its major objectives including, but not limited to, a comparison of the original cost-benefit analysis to the actual costs incurred. Copies of the postimplementation report shall be provided to the board, the office of financial management, and the legislative appropriations committees; and
(20) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.
Sec. 8. RCW 43.105.055 and 1987 c 504 s 9 are each amended to read as follows:
(1) The director shall appoint advisory committees to assist the department. Advisory committees shall include, but are not limited to, customer oversight committees.
(2) Customer oversight committees shall provide the department with advice concerning the type, quality, and cost of the department's services. The number of customer oversight committees and their membership shall be determined by the director to assure that all services are subject to oversight by a representative selection of customers. At least annually, these committees shall meet to recommend, review, and comment on the service goals and objectives of the department and the budgets for operations of those services and the rates to be charged for those services. The committees may call upon the board to resolve disputes between executive agencies, the judiciary, and the department which may arise with regard to service offerings, quality, and budgets, or rates.
(3) Any advisory committee created by the director may be convened by a majority of its members, by its chair, or by the director.
Sec. 9. RCW 43.105.057 and 1990 c 208 s 13 are each amended to read as follows:
The
department ((of information services)) and the information services
board, respectively, shall adopt rules as necessary under chapter 34.05 RCW to
implement the provisions of RCW 43.105.005, 43.105.017, 43.105.032, 43.105.041,
and 43.105.052((, and section 5 of this act)).