5483-S

AN ACT Relating to public telecommunication access; amending RCW 43.105.020, 43.105.160, and 43.105.170; adding new sections to chapter 43.105 RCW; adding a new section to chapter 42.17 RCW; adding a new section to chapter 43.19 RCW; creating new sections; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. Based on the initial recommendations of the public information access policy task force, the legislature finds that:

(1) Broad public access to government information in electronic formats must be guaranteed;

(2) Reengineering government processes, along with capitalizing on advancements made in digital technologies, can create greater efficiencies and improve service delivery;

(3) Until the public information access policy task force completes its recommendations, the guiding principles defined in section 5 of this act should be considered in the design and implementation of all information systems created by and for state government; and

(4) Because much of the government information in high public demand is held by local jurisdictions, local governments are strongly encouraged to coordinate with and participate in state electronic information policy initiatives.

Sec. 2. RCW 43.105.020 and 1993 c 280 s 78 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:

(1) ((~~"Department" means the department of information services;~~

~~(2) "Board" means the information services board;~~

~~(3) "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) "Director" means the director of the department;~~

(5) "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)~~)) "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) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;~~

~~(8)~~)) (2) "Board" means the information services board;

(3) "Bulletin board system" means a collection point for information that can be accessed using a computer with a modem and a telephone line;

(4) "Department" means the department of information services;

(5) "Director" means the director of the department;

(6) "Electronic delivery" means the delivery of data or information using electronic tools including, but not limited to, computers, fax-back, and telecommunications technology;

(7) "Electronic format" means electronic or digitized data provided through the use of electronic tools including computers, facsimile machines, and telecommunications and video equipment;

(8) "Electronic mail" means communication and messaging via computer interface;

(9) "Electronic storage" means the storage of data or information using electronic tools such as computers;

(10) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, and cables;

(11) "Fax-back" means the use of facsimile machines to automatically distribute or receive information over telephone lines. Fax-back systems allow an information seeker to call a computer, use a touch-tone pad to scroll through indexes of information, and select an item to be immediately sent back to him or her through a facsimile machine;

(12) "Gateway system" means a system modeled after the national technology information service's Fedworld gateway system, a means of accessing multiple government information bulletin board systems through one connection point;

(13) "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)~~)) (14) "Information services" means data processing, telecommunications, and office automation;

((~~(10) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, and cables;~~

~~(11)~~)) (15) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately;

(16) "Privacy" means the right of privacy as currently defined in RCW 42.17.255;

(17) "Proprietary software" means that software offered for sale or license;

((~~(12)~~)) (18) "Public electronic access" means (a) the ability of any member of the general public to review and obtain information determined to be included in a public information data base that is stored in electronic or digitized form and requested by use of voice, computer data, or video format; (b) the ability of any member of the general public to transmit information to state agencies in electronic format;

(19) "Public record" has the same meaning as defined by RCW 42.17.020 and 42.17.250 through 42.17.348;

(20) "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;

(21) "Security" means a control that prevents unauthorized access to, or disclosure, theft, or modifications of, government electronic information;

(22) "Standards" means the use of terms, structures, and methods of operation to ensure consistency or adherence to policy;

(23) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;

(24) "Unrestricted public access" means public electronic access;

(25) "Unrestricted public information" means data that has been specifically created, collected, precessed, or distributed by governmental organizations in the course of governmental operation that is available to the general public and that contains no restricted information;

(26) "Video telecommunications" means the electronic interconnection of two or more sites for the purpose of transmitting ((~~and/or~~)) or receiving, or both, visual and associated audio information. Video telecommunications shall not include existing public television broadcast stations as currently designated by the department of community, trade, and economic development under chapter 43.330 RCW;

(27) "Voice response technology" means telephone and computer systems that respond to voice requests or inputs via the telephone;

(28) "Worldwide web home page" means a specific worldwide web location. The worldwide web uses hypertext transfer protocol and hypertext markup language to allow the use of hypertext and multimedia techniques to facilitate Internet navigation and participation.

Sec. 3. RCW 43.105.160 and 1992 c 20 s 1 are each amended to read as follows:

(1) The department shall prepare a state strategic information technology plan which shall establish a state-wide mission, goals, and objectives for the use of information technology. The plan shall be developed in accordance with the standards and policies established by the board and shall be submitted to the board for review, modification as necessary, and approval. The department shall seek the advice of the board in the development of this plan.

The plan approved under this section shall be updated as necessary and submitted to the governor and the chairs and ranking minority members of the appropriations committees of the senate and the house of representatives.

(2) The department shall prepare a biennial state performance report on information technology based on agency performance reports required under RCW 43.105.170 and other information deemed appropriate by the department. The report shall include, but not be limited to:

(a) An evaluation of performance relating to information technology;

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

(c) An analysis of the success or failure, feasibility, progress, costs, and timeliness of implementation of major information technology projects under RCW 43.105.190;

(d) Identification of benefits, cost avoidance, and cost savings generated by major information technology projects developed under RCW 43.105.190; ((~~and~~))

(e) An inventory of state information services, equipment, and proprietary software; and

(f) An assessment of progress made by state agencies, local governments, educational institutions, libraries, and other public and private entities, toward improving citizens' ability to send information to and receive information from state agencies in electronic formats.

Copies of the report shall be distributed biennially to the governor and the chairs and ranking minority members of the appropriations committees of the senate and the house of representatives.

Sec. 4. 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;

(c) An implementation strategy to provide electronic access to unrestricted public information. This implementation strategy shall be assembled to include:

(i) Compliance with Title 40 RCW;

(ii) Adequate public notice and opportunity for comment;

(iii) Consideration of a variety of electronic technologies;

(iv) Methods to educate both employees and the public in the effective use of access technologies;

(v) Compliance with section 5 of this act; and

(vi) The integration of employee functions to ensure that electronic storage and delivery are a component of daily activity;

(d) Projects and resources required to meet the objectives of the plan; and

((~~(d)~~)) (e) Where feasible, 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.

NEW SECTION. Sec. 5. When creating an electronic information storage or delivery system, or providing information to the public in electronic form, state agencies shall review the recommendations of the public information access policy task force and comply with the following guiding principles:

(1) Broad public electronic access must be considered in the creation of a government information system containing public records. Public access must be considered in the indexing and electronic storage of public records. Administrative procedures must be established to ensure both ease of access to unrestricted information and the security of restricted information.

(2) Government agencies should only collect and maintain information that is relevant to the operation of government.

(3) Public electronic access to government records must not compromise the integrity or security of those records, adversely affect the performance of vital government operations, or compromise personal privacy.

(4) Public electronic access to state and local jurisdiction information should be provided to every citizen without regard to the individual's financial ability to obtain the technology necessary for public access. State agencies shall provide at least one mechanism for public electronic access free of charge, which may include, but is not limited to, providing data on a diskette, access to bulletin board systems, fax-back systems, or public electronic access computer terminals.

(5) In compliance with chapter 42.17 RCW, electronic access to unrestricted information must be free of charge except for the actual cost of providing the information. Actual cost shall not exceed the incremental cost of providing the data, which does not include the cost of creating the information systems for purposes relating to the agency mission. Agencies may elect to provide access at reduced or no charge.

(6) The value of citizen access depends on accurate and timely data. Disclosures of data must include an indication of the time it was created or captured. Where electronic information is reproduced from public records that are not exempt under RCW 42.17.310 and are maintained in paper or other nonelectronic form, the agencies shall make reasonable efforts to provide information through the system as to the location of the original record and the procedure for its public inspection.

(7) Consistent with the existing provisions of RCW 42.17.258, no government agency or employee acting in good faith is liable for the accuracy of information obtained from a public access electronic information system.

(8) Agencies shall integrate the functions of employees in the design, construction, and maintenance of any data base or electronic delivery system so that electronic storage and delivery is a regular component of daily activities.

NEW SECTION. Sec. 6. The department shall provide a variety of technologies to ensure the widest possible electronic access to unrestricted public information. These technologies may include but are not limited to:

(1) A public information clearinghouse on the Internet;

(2) Public information kiosks;

(3) Either or both direct dial or toll-free telephone numbers to directories of public information resources; and

(4) A gateway system for easy access to agency bulletin board systems.

NEW SECTION. Sec. 7. The department and the state library shall work in consultation with the public information access policy task force to study, design, and implement a functional demonstration of a state government information locator service that enables convenient access to unrestricted public information maintained by state and local government agencies. The government information locator service demonstration project must be operational by June 1, 1996.

The department is responsible for the design, operation, and maintenance of the service. When considering the design of the service, the department shall consider such factors as: (1) Ease of operation by citizens; (2) access by citizens through multiple communications systems; and (3) providing open formats for compatibility with private on-line services.

The state library is responsible for ensuring that information available through the system is responsive to public needs and preferences and is catalogued in a manner that ensures ease of retrieval.

NEW SECTION. Sec. 8. The department shall work with federal, state, and local agencies to maximize public awareness of and access to electronic government information systems. At a minimum, the department shall compile a list of electronic mail addresses and telephone numbers that provide public access to government information in electronic formats and make that list available for publication in telephone directories distributed by state agencies and private business. The department may develop public service announcements and other methods of unrestricted public information distribution to accomplish the goals of this section.

NEW SECTION. Sec. 9. The departments of labor and industries, licensing, and revenue shall coordinate with the department of information services to create a fax-back demonstration project. The fax-back system should provide documents, forms, and other information of high demand to the public via facsimile machine. Every effort should be made to provide information that improves efficiency and government service delivery. These projects must be operational no later than January 1, 1996.

NEW SECTION. Sec. 10. A new section is added to chapter 42.17 RCW to read as follows:

Electronic access to state and local government records is subject to section 5 of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 43.19 RCW to read as follows:

Before the sale or exchange of state-owned equipment, the division of purchasing shall make available for use at no cost, or the least possible cost, to local governments and nonprofit organizations whose primary purpose is to widely distribute government and community information in electronic formats, any equipment that could be used to expand public electronic access to government information. For the purposes of this section, state equipment includes, but is not limited to, computer hardware, computer software, facsimile machines, and telecommunications equipment. Equipment shall be donated or sold if the following conditions have been met:

(1) The division of purchasing has made reasonable efforts to determine if any state agency has a requirement for the equipment and no such agency has been identified;

(2) The recipient of the equipment is a government of local jurisdiction within the state of Washington, or a nonprofit organization whose primary purpose is to widely distribute government and community information in electronic formats;

(3) The equipment is being used solely to expand public electronic access to government and community information to Washington residents.

The division of purchasing shall give priority to local jurisdictions or nonprofit organizations that plan to participate in, or provide access to, the department of information services home page, gateway, or government information locator projects.

NEW SECTION. Sec. 12. State agencies shall coordinate with state institutions of higher education to fully use the provisions of RCW 28B.15.558 to maximize employee education in the creation, design, maintenance, and use of electronic information systems and improved customer service delivery.

NEW SECTION. Sec. 13. The sum of forty-two thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the state librarian and the department of information services for the fiscal biennium ending June 30, 1997, for the purpose of providing staffing and support to the public information access policy task force. Funds may be used at the discretion of the state librarian and the director of the department of information services or their designees for the purposes of providing travel compensation to task force members, postage, printing, video and telephone conferencing, and staff support.

NEW SECTION. Sec. 14. Sections 1 and 5 through 9 of this act are each added to chapter 43.105 RCW.

NEW SECTION. Sec. 15. 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 shall take effect immediately.

NEW SECTION. Sec. 16. If specific funding for the purposes of sections 7 and 9 of this act, referencing sections 7 and 9 of this act by bill and section number, is not provided by June 30, 1995, in the omnibus appropriations act, sections 7 and 9 of this act are null and void.