BP BHEAD INT H

AN ACT Relating to public access to electronic public records; amending RCW 43.105.170; amending 1995 2nd sp.s. c 18 s 614 (uncodified); adding a new chapter to Title 40 RCW; creating a new section; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that creating public records in electronic format allows public employees to more effectively perform their duties and that providing the public greater opportunities to access electronic public records, where appropriate, benefits members of the public, academia, and the private sector.

It is the intent of the legislature to encourage state agencies and local governments to develop, store, and manage their public records in electronic format to meet their objectives. Further, it is the intent of the legislature for state agencies and local governments to determine, with due regard to privacy concerns, which electronic public records should be made widely available to the public and, where appropriate, to make these electronic public records widely available to the public.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context requires otherwise, the definitions in this section shall apply throughout this chapter.

(1) "Local government" means every county, city, town, and every other municipal or quasi-municipal corporation.

(2) "Public record" means as defined in RCW 42.17.020, and includes legislative records and court records that are available for public inspection.

(3) "State agency" includes every state office, department, division, bureau, board, and commission of the state, the supreme court, court of appeals, house of representatives, and senate, and each state elected official who is a member of the executive department.

NEW SECTION. Sec. 3. PLANNING FOR INCREASED PUBLIC ELECTRONIC ACCESS. The legislature encourages state agencies and local governments to create public records in electronic format and, where appropriate, to make electronic public records widely available to the public. When considering which electronic public records should be widely available to the public, state agencies and local governments should consider their missions or goals, the public demand for electronic access, the appropriateness of making certain electronic public records widely available to the public, and privacy considerations.

In planning for and implementing wide public access to electronic public records, state agencies and local governments should:

(1) Plan for electronic public access when redesigning and rebuilding information systems;

(2) Focus on providing electronic access to current information, leaving archival material to be made available digitally only as resources allow or as a need arises;

(3) Coordinate technology planning with other state agencies and local governments, where appropriate;

(4) Develop procedures to determine which public records, or portion of public records, are appropriate to be made widely available to the public; and

(5) Develop and use methods to readily and inexpensively withhold or mask nondisclosable information and other information that should not be made widely available electronically to the public.

The reports of the public information access policy task force, as outlined in its December 1994 interim report and its December 1995 report, AEncouraging Widespread Public Electronic Access to Public Records and Information Held by State and Local Governments,@ should serve as guidelines for state agencies and local governments in planning and providing increased access to electronic public records.

NEW SECTION. Sec. 4. TWO-WAY ELECTRONIC INTERACTION AND DELIVERY TECHNOLOGIES. State agencies and local governments are encouraged to:

(1) Provide wide public access to electronic public records, or portions of electronic public records, on a two-way, send and receive, basis;

(2) Increase their capabilities to receive information electronically from the public and to transmit forms, applications, and other communications and transactions electronically;

(3) Make electronic public records widely available using a variety of technologies, including, but not limited to, internet, community-based computer networks, the Washington information network kiosks, television and interactive video, and telephone mechanisms;

(4) Use technologies allowing public access throughout the state that allow continuous access twenty-four hours a day, seven days a week, involve little cost to access, and are capable of being used by persons without extensive technological abilities;

(5) Provide a wide variety of adaptive technologies and alternative information access methods in their electronic public records to help overcome barriers to public information; and

(6) Consider ease of access to electronic technologies by persons with disabilities.

NEW SECTION. Sec. 5. COSTS AND FEES. Moneys from state and local appropriations, federal dollars, grants, private funds, cooperative ventures among governments, nonexclusive licensing, and public/private partnerships should be used to create electronic public records and to provide wide public access to electronic public records, including building necessary information systems, digitizing information, developing the ability to mask nondisclosable information, and maintaining and upgrading information access systems. State agencies and local governments should not offer customized electronic access services as the primary way of responding to requests or as a primary source of such moneys, but fees for staff time and other direct costs may be included in costs of providing customized access.

State agencies and local governments are encouraged to pool resources and to form cooperative ventures to provide electronic access to government information. State agencies and local governments are encouraged to seek federal and private grants for projects that provide increased efficiency and improve government delivery of information and services.

NEW SECTION. Sec. 6. PILOT PROJECT. The state library, with the assistance of the state archivist and department of information services, 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, including use of a catalogue; (2) access through multiple technologies, such as direct dial and toll-free numbers, kiosks, and the internet; (3) compatibility with private online services; (4) periodically updating information in the system; and (5) 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 widely available to the public.

The pilot project shall not include electronic public records that include personal information.

NEW SECTION. Sec. 7. EDUCATION ACTIVITIES. State agencies and local governments are encouraged to provide education for their employees in the use and implementation of electronic technologies. State agencies are encouraged to use the program under RCW 28B.15.558 where tuition and fees may be waived for state employees attending institutions of higher education.

NEW SECTION. Sec. 8. ACCURACY, INTEGRITY, AND PRIVACY. State agencies and local governments that collect and enter information concerning individuals into electronic public records that will be widely available to the public should ensure the accuracy of this information and, if electronic public records identifying individuals are made widely available, establish procedures allowing an individual about whom personal information is included to review the information and recommend changes in this information. The provision of personal information as part of an electronic public record that is widely available to the public should include information on the date when the data base was created or most recently updated. If personally identifiable information is included in electronic public records that are made widely available to the public, the information should be retained in the system only as needed to carry out the purposes for which it was collected.

Sec. 9. RCW 43.105.170 and 1992 c 20 s 2 are each amended to read as follows:

(1) Each agency shall develop an agency strategic information technology plan which establishes agency goals and objectives regarding the development and use of information technology. Plans shall include, but not be limited to, the following:

(a) A statement of the agency's mission, goals, and objectives for information technology;

(b) An explanation of how the agency's mission, goals, and objectives for information technology support and conform to the state strategic information technology plan developed under RCW 43.105.160;

(d) ((~~Where feasible,~~)) A description of how the agency will implement its plan, including estimated schedules and funding ((~~required to implement identified projects~~)).

(2) Plans developed under subsection (1) of this section shall be submitted to the department for review and forwarded along with the department's recommendations to the board for review and approval. The board may reject, require modification to, or approve plans as deemed appropriate by the board. Plans submitted under this subsection shall be updated and submitted for review and approval as necessary.

(3) Each agency shall prepare and submit to the department a biennial performance report. The report shall include:

(a) An evaluation of the agency's performance relating to information technology;

(b) An assessment of progress made toward implementing the agency strategic information technology plan; and

(4) The department, with the approval of the board, shall establish standards, elements, form, and format for plans and reports developed under this section.

(5) The board may exempt any agency from any or all of the requirements of this section.

Sec. 10. 1995 2nd sp.s. c 18 s 614 (uncodified) is amended to read as follows:

FOR WASHINGTON STATE LIBRARY

General Fund‑-State Appropriation (FY 1996)................ $ 7,069,000

General Fund‑-State Appropriation (FY 1997)................ $ ((~~7,071,000~~))

7,271,000

General Fund‑-Federal Appropriation........................ $ 4,799,000

General Fund‑-Private/Local Appropriation.................. $ 46,000

Industrial Insurance Premium Refund Account

Appropriation............................... .......... $ 7,000

TOTAL APPROPRIATION........................... $ ((~~18,992,000~~))

19,192,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $2,439,516 of the general fund‑-state appropriation and federal funds are provided for a contract with the Seattle public library for library services for the Washington book and braille library.

(2) $211,000 of the general fund‑-state appropriation for fiscal year 1997 is provided solely for implementing the pilot project authorized under section 6 of this act.

NEW SECTION. Sec. 11. If specific funding for the purposes of section 6 of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the omnibus appropriations act, section 6 of this act is null and void.

NEW SECTION. Sec. 12. Sections 1 through 8 and 13 of this act shall constitute a new chapter in Title 40 RCW.

NEW SECTION. Sec. 13. Section captions used in this act do not constitute any part of the law.