6556-S

AN ACT Relating to public electronic access to government records and information; amending RCW 27.04.045, 43.105.041, 43.105.041, 43.105.160, 43.105.170, and 43.105.180; amending 1995 2nd sp.s. c 18 s 614 (uncodified); adding new sections to chapter 43.105 RCW; creating new sections; providing an effective date; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. Based upon the recommendations of the public information access policy task force, the legislature finds that government records and information are a vital resource to both government operations and to the public that government serves. Broad public access to state and local government records and information has potential for expanding citizen access to that information and for improving government services. Electronic methods for locating and transferring information can improve linkages between and among citizens, organizations, businesses, and governments. Information must be managed with great care to meet the objectives of citizens and their governments.

It is the intent of the legislature to encourage state and local governments to develop, store, and manage their public records and information in electronic formats to meet their missions and objectives. Further, it is the intent of the legislature for state and local governments to set priorities for making public records widely available electronically to the public.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context requires otherwise, the definitions in this section 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 chapter 40.14 RCW, 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. State agencies shall plan for and implement processes for making information available electronically. Public demand and agencies= missions and goals shall drive the selection and priorities for government information to be made available electronically. When planning for increased public electronic access, agencies should determine what information the public wants and needs most. Widespread public electronic access does not mean that all government information is able to be made available electronically.

(1) In planning for and implementing electronic access, state agencies shall:

(a) Where appropriate, plan for electronic public access and two-way electronic interaction when acquiring, redesigning, or rebuilding information systems;

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

(c) Coordinate technology planning across agency boundaries in order to facilitate electronic access to vital public information;

(d) Develop processes to determine which information the public most wants and needs;

(e) Develop and employ methods to readily withhold or mask nondisclosable data.

(2) In planning or implementing two-way electronic interaction and delivery technologies, state agencies and local governments are encouraged to:

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

(b) Use technologies allowing public access throughout the state that allow continuous access twenty-four hours a day, seven days per week, involve little or no cost to access, and are capable of being used by persons without extensive technological ability; and

(c) Consider and incorporate wherever possible ease of access to electronic technologies by persons with disabilities. In planning and implementing new public electronic access projects, agencies should consult with people who have disabilities, with disability access experts, and the general public.

(3) The final report of the public information access policy task force, "Encouraging Widespread Public Electronic Access to Public Records and Information Held by State and Local Governments," shall serve as a major resource for state agencies and local governments in planning and providing increased access to electronic public records and information.

Sec. 4. RCW 27.04.045 and 1989 c 96 s 7 are each amended to read as follows:

The state library commission shall be responsible for the following functions:

(1) Maintaining a library at the state capitol grounds to effectively provide library and information services to members of the legislature, state officials, and state employees in connection with their official duties;

(2) Acquiring and making available information, publications, and source materials that pertain to the history of the state;

(3) Serving as the depository for newspapers published in the state of Washington thus providing a central location for a valuable historical record for scholarly, personal, and commercial reference and circulation;

(4) Promoting and facilitating electronic access to public information and services;

(5) Establishing content-related standards for common formats and agency indexes for state agency produced information. In developing these standards, the commission is encouraged to include the state archives, the department of information services, and public and academic libraries;

(6) Collecting and distributing copies of state publications by ensuring that:

(a) The state library collects and makes available as part of its collection copies of any state publication, as defined in RCW 40.06.010, prepared by any state agency whenever fifteen or more copies are prepared for distribution. The state library commission, on recommendation of the state librarian, may provide by rule for deposit with the state library of up to three copies of such publication; and

(b) The state library maintains a division to serve as state publications distribution center, as provided in chapter 40.06 RCW;

((~~(5)~~)) (7) Providing advisory services to state agencies regarding their information needs;

((~~(6)~~)) (8) Providing for library and information service to residents and staff of state-supported residential institutions;

((~~(7)~~)) (9) Providing for library and information services to persons throughout the state who are blind and/or physically handicapped;

((~~(8)~~)) (10) Assisting individuals and groups such as libraries, library boards, governing bodies, and citizens throughout the state toward the establishment and development of library services;

((~~(9)~~)) (11) Making studies and surveys of library needs in order to provide, expand, enlarge, and otherwise improve access to library facilities and services throughout the state;

((~~(10)~~)) (12) Serving as a primary interlibrary loan, information, reference, and referral center for all libraries in the state;

((~~(11)~~)) (13) Assisting in the provision of direct library and information services to individuals;

((~~(12)~~)) (14) Overseeing of the Washington library network in accordance with chapters 27.26 and 43.105 RCW. This subsection shall expire on June 30, 1997.

Sec. 5. RCW 43.105.041 and 1995 2nd sp.s. c 14 s 512 are each amended to read as follows:

(1) The board shall have the following powers and duties related to information services:

((~~(1)~~)) (a) To develop standards governing the acquisition and disposition of equipment, proprietary software and purchased services, and confidentiality of computerized data;

((~~(2)~~)) (b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government, except as provided in RCW 43.105.017(5) and section 507, chapter 14, Laws of 1995 2nd sp. sess., 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 (1)(b) does not apply to the legislative branch;

((~~(3)~~)) (c) To develop state-wide or interagency technical policies, standards, and procedures;

((~~(4)~~)) (d) 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)~~)) (e) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;

((~~(6)~~)) (f) To develop and implement a process for the resolution of appeals by:

((~~(a)~~)) (i) Vendors concerning the conduct of an acquisition process by an agency or the department; or

((~~(b)~~)) (ii) A customer agency concerning the provision of services by the department or by other state agency providers;

((~~(7)~~)) (g) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:

((~~(a)~~)) (i) Planning, management, control, and use of information services;

((~~(b)~~)) (ii) Training and education; and

((~~(c)~~)) (iii) Project management;

((~~(8)~~)) (h) 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)~~)) (i) To review and approve that portion of the department's budget requests that provides for support to the board.

(2) State-wide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service and complement content- related standards designed to meet those goals. The board shall:

(a) Establish technical standards to facilitate electronic access to government information and interoperability of information systems. Local governments are strongly encouraged to follow the standards established by the board; and

(b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.

In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.

Sec. 6. RCW 43.105.041 and 1990 c 208 s 6 are each amended to read as follows:

(1) The board shall have the following powers and duties related to information services:

((~~(1)~~)) (a) To develop standards governing the acquisition and disposition of equipment, proprietary software and purchased services, and confidentiality of computerized data;

((~~(2)~~)) (b) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, 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 (1)(b) does not apply to the legislative branch;

((~~(3)~~)) (c) To develop state-wide or interagency technical policies, standards, and procedures;

((~~(5)~~)) (e) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;

((~~(6)~~)) (f) To develop and implement a process for the resolution of appeals by:

((~~(a)~~)) (i) Vendors concerning the conduct of an acquisition process by an agency or the department; or

((~~(b)~~)) (ii) A customer agency concerning the provision of services by the department or by other state agency providers;

((~~(7)~~)) (g) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:

((~~(a)~~)) (i) Planning, management, control, and use of information services;

((~~(b)~~)) (ii) Training and education; and

((~~(c)~~)) (iii) Project management;

((~~(8)~~)) (h) 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)~~)) (i) To review and approve that portion of the department's budget requests that provides for support to the board.

(b) Require agencies to consider electronic public access needs when planning new information systems or major upgrades of systems.

In developing these standards, the board is encouraged to include the state library, state archives, and appropriate representatives of state and local government.

Sec. 7. 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, including goals for electronic access to government records, information, and services. 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, including progress toward electronic access to public information and enabling citizens to have two-way access to public records, information, and services;

(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.

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. 8. 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, including goals and objectives for achieving electronic access to agency records, information, and services;

(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 public records and information. This implementation strategy must 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, including those that help transcend geographic locations, standard business hours, economic conditions of users, and disabilities;

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

(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~~))

(c) Progress toward electronic access to public information and enabling citizens to have two-way interaction for obtaining information and services from agencies; and

(d) An inventory of agency information services, equipment, and proprietary software.

(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. 9. RCW 43.105.180 and 1992 c 20 s 3 are each amended to read as follows:

Upon request of the office of financial management, the department shall evaluate agency budget requests for major information technology projects identified under RCW 43.105.190. The department shall submit recommendations for funding all or part of such requests to the office of financial management.

The department, with the advice and approval of the office of financial management, shall establish criteria for the evaluation of agency budget requests under this section. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with state and agency strategic information technology plans, consistency with agency goals and objectives, appropriate provision for public electronic access to information and services, costs, and benefits.

NEW SECTION. Sec. 10. COSTS AND FEES. Funding to meet the costs of providing access, including the building of the necessary information systems, the digitizing of information, developing the ability to mask nondisclosable information, and maintenance and upgrade of information access systems should come primarily from state and local appropriations, federal dollars, grants, private funds, cooperative ventures among governments, nonexclusive licensing, and public/private partnerships. Agencies should not offer customized electronic access services as the primary way of responding to requests or as a primary source of revenue. Fees for staff time to respond to requests, and other direct costs may be included in costs of providing customized access.

Agencies and local governments are encouraged to pool resources and to form cooperative ventures to provide electronic access to government records and information. State agencies 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. 11. GOVERNMENT INFORMATION LOCATOR SERVICE PILOT PROJECT. 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 on-line 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. 12. 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 government information locator service pilot project authorized under section 11 of this act.

NEW SECTION. Sec. 13. EDUCATION IN THE USE OF TECHNOLOGY. 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 make maximum use of the provisions of RCW 28B.15.558, and training offered by the state department of personnel, to maximize employee education in the creation, design, maintenance, and use of electronic information systems and improved customer service delivery.

NEW SECTION. Sec. 14. ACCURACY, INTEGRITY, AND PRIVACY OF RECORDS AND INFORMATION. State agencies and local governments that collect and enter information concerning individuals into electronic records and information systems that will be widely accessible by the public under RCW 42.17.020 shall ensure the accuracy of this information to the extent possible. To the extent possible, information must be collected directly from, and with the consent of, the individual who is the subject of the data. Agencies shall establish procedures for correcting inaccurate information, including establishing mechanisms for individuals to review information about themselves and recommend changes in information they believe to be inaccurate. The inclusion of personal information in electronic public records 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, agencies must follow retention and archival schedules in accordance with chapter 40.14 RCW, retaining personally identifiable information only as long as needed to carry out the purpose for which it was collected.

NEW SECTION. Sec. 15. Section captions used in this act do not constitute any part of the law.

NEW SECTION. Sec. 16. If specific funding for the purposes of section 11 of this act is not provided by June 30, 1996, in the supplemental appropriations act, sections 11 and 12 of this act are null and void.

NEW SECTION. Sec. 17. Sections 1 through 3, 10, 11, 13, and 14 of this act are added to chapter 43.105 RCW.

NEW SECTION. Sec. 18. 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 immediately, except for section 6 of this act, which takes effect June 30, 1997.

NEW SECTION. Sec. 19. Section 5 of this act expires June 30, 1997.