S-5172.1  _______________________________________________

 

                SECOND SUBSTITUTE SENATE BILL 6705

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senate Committee on Ways & Means (originally sponsored by Senators Bauer, Wood, Kohl, Zarelli, Sutherland, Cantu, Prince, Sheldon, Loveland, Winsley, Hale and Rasmussen)

 

Read first time 02/06/96.

 

Requiring a higher education technology plan.



    AN ACT Relating to telecommunications, telecommunications planning, and higher education technology; amending RCW 28B.80.600, 43.105.032, 43.105.041, 43.105.041, 43.105.052, 43.105.170, 43.105.180, and 43.105.190; adding a new section to chapter 28B.80 RCW; creating new sections; providing an effective date; and providing an expiration date.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature recognizes that up-to-date technology is a critical ingredient in the preparation of an educated and knowledgeable work force and citizenry.  Expansion and interconnection of the state's higher education technology is an activity that merits the support of the state legislature.

    The development of a state higher education delivery system using technology will provide great opportunities for change in the delivery of educational services and deserves due deliberation and coordinated policy planning to ensure that the high standards of program quality and efficient service are enhanced.

    The legislature finds that, in order to facilitate lifelong learning, educational technology systems must be coordinated among all educational sectors, with the other entities of federal, state, and local government, and be readily accessible to the general population of the state.

 

    Sec. 2.  RCW 28B.80.600 and 1990 c 208 s 9 are each amended to read as follows:

    The higher education coordinating board shall provide state-wide coordination ((of video)) in telecommunications programming ((for the public four-year higher education institutions)), location selection, meeting community needs, and development of a state-wide higher education telecommunications plan.

 

    Sec. 3.  RCW 43.105.032 and 1992 c 20 s 8 are each amended to read as follows:

    There is hereby created the Washington state information services board.  The board shall be composed of ((nine)) eleven members.  ((Seven)) Eight members shall be appointed by the governor, one of ((which)) whom shall be a representative of higher education, one of whom shall represent K-12 education, one of ((which)) whom shall be a representative of an agency under a state-wide elected official other than the governor, and ((one)) two of ((which)) whom shall be ((a)) representatives of the private sector.  One member shall represent the judicial branch and be appointed by the chief justice of the supreme court.  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.  These members shall constitute the membership of the board with full voting rights.  Members of the board shall serve at the pleasure of the appointing authority.  The director shall be ((an ex officio, nonvoting)) a 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. 4.  RCW 43.105.041 and 1995 2nd sp.s. c 14 s 512 are each amended to read as follows:

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

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

    (2) 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 does not apply to the legislative branch;

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

    (4) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or state-wide or regional providers of K-12 information technology services, and 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 strategic planning goals and objectives for the state.  The board shall seek input from the legislature and the judiciary;

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

    (a) Vendors concerning the conduct of an acquisition process by an agency 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 agency performance which may include but are not limited to analysis of:

    (a) Planning, management, control, and use of information 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. 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 information services:

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

    (2) 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 does not apply to the legislative branch;

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

    (4) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or state-wide or regional providers of K-12 information technology services, and 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 strategic planning goals and objectives for the state.  The board shall seek input from the legislature and the judiciary;

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

    (a) Vendors concerning the conduct of an acquisition process by an agency 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 agency performance which may include but are not limited to analysis of:

    (a) Planning, management, control, and use of information 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 43.105.052 and 1993 c 281 s 53 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 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 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) 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) Training.

    These services 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.  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 services 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 services component shall not subsidize the operations of the planning component;

    (4) With the advice of the information services board and agencies, develop a state strategic information technology plan and performance reports as required under RCW 43.105.160;

    (5) Develop plans for the department's achievement of state-wide goals and objectives set forth in the state strategic information technology plan required under RCW 43.105.160.  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, and other agencies as may be appropriate, develop training plans and coordinate training programs that are responsive to the needs of agencies;

    (7) Identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;

    (8) Assess agencies' projects, acquisitions, plans, or overall information processing performance as requested by the board, agencies, the director of financial management, or the legislature.  Agencies may be required to reimburse the department for agency-requested reviews;

    (9) Develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies 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 services for all state agencies and develop, pursuant to board policies, standards and common specifications for leased and purchased telecommunications equipment.  Except in accordance with the policies of the department and the board, no agency may spend any portion of any specific state appropriation for a major video telecommunications project or for expanding current video telecommunications systems without first complying with this chapter, including, but not limited to RCW 43.105.041(2), and without first submitting a video telecommunications expenditure plan to the department for review and assessment.  Before any such expenditure by an educational service district or public school district, a video telecommunications plan shall be approved by the superintendent of public instruction.  The superintendent of public instruction shall submit the plans to the department in a form prescribed by the department.  For the 1995-97 biennium such expenditures by a public institution of postsecondary education may be made following approval of a process to develop a programming and location plan as set forth in section 10(4) of this act.  For fiscal year 1998 and thereafter, before any such expenditure by a public institution of postsecondary education, a telecommunications plan shall be approved by the higher education coordinating board and submitted to the department in a form prescribed by the department.  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.

 

    Sec. 7.  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.  The superintendent of public instruction shall develop its plan in conjunction with educational service districts and state-wide or regional providers of K-12 education information technology services.  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) Projects and resources required to meet the objectives of the plan; and

    (d) 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 superintendent of public instruction shall develop its plan in conjunction with educational service districts and state-wide or regional providers of K-12 education information technology services.  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) 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. 8.  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, including those proposed by the superintendent of public instruction, in conjunction with educational service districts, or state-wide or regional providers of K-12 education information technology services.  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, costs, and benefits.

 

    Sec. 9.  RCW 43.105.190 and 1992 c 20 s 4 are each amended to read as follows:

    (1) The department, with the approval of the board, shall establish standards and policies governing the planning, implementation, and evaluation of major information technology projects, including those proposed by the superintendent of public instruction, in conjunction with educational service districts, or state-wide or regional providers of K-12 education information technology services.  The standards and policies shall:

    (a) Establish criteria to identify projects which are subject to this section.  Such criteria shall include, but not be limited to, significant anticipated cost, complexity, or state-wide significance of the project; and

    (b) Establish a model process and procedures which agencies shall follow in developing and implementing project plans.  Agencies may propose, for approval by the department, a process and procedures unique to the agency.  The department may accept or require modification of such agency proposals or the department may reject such agency proposals and require use of the model process and procedures established under this subsection.  Any process and procedures developed under this subsection shall require (i) distinct and identifiable phases upon which funding may be based, (ii) user validation of products through system demonstrations and testing of prototypes and deliverables, and (iii) other elements identified by the board.

    Project plans and any agreements established under such plans shall be approved and mutually agreed upon by the director, the director of financial management, and the head of the agency proposing the project.

    The director may terminate a major project if the director determines that the project is not meeting or is not expected to meet anticipated performance standards.

    (2) The office of financial management shall establish policies and standards governing the funding of projects developed under this section.  The policies and standards shall provide for:

    (a) Funding of a project under terms and conditions mutually agreed to by the director, the director of financial management, and the head of the agency proposing the project.  However, the office of financial management may require incremental funding of a project on a phase-by-phase basis whereby funds for a given phase of a project may be released only when the office of financial management determines, with the advice of the department, that the previous phase is satisfactorily completed;

    (b) Acceptance testing of products to assure that products perform satisfactorily before they are accepted and final payment is made; and

    (c) Other elements deemed necessary by the office of financial management.

    (3) The department shall evaluate projects at three stages of development as follows:  (a) Initial needs assessment; (b) feasibility study including definition of scope, development of tasks and timelines, and estimated costs and benefits; and (c) final project implementation plan based upon available funding.

    Copies of project evaluations conducted under this subsection shall be submitted to the office of financial management and the chairs, ranking minority members, and staff coordinators of the appropriations committees of the senate and house of representatives.

 

    NEW SECTION.  Sec. 10.  A new section is added to chapter 28B.80 RCW to read as follows:

    A state-wide telecommunications programming and location plan shall be approved by the higher education coordinating board based on coordination with existing networks within K-12, community colleges, and technical colleges; state agencies; libraries; and community needs; and with consideration for encouraging innovative program offerings and minimizing duplicative programs or degrees.

    The plan shall be reported to the legislature by December 15, 1996, and updated on at least a biennial basis.

    The higher education coordinating board shall approve the governance structure for the Washington higher education network ensuring participation by all members of the network.

 

    NEW SECTION.  Sec. 11.  Section 4 of this act expires June 30, 1997.

 

    NEW SECTION.  Sec. 12.  Section 5 of this act shall take effect June 30, 1997.

 

    NEW SECTION.  Sec. 13.  Nothing in this act shall prevent the ongoing maintenance and operation of existing telecommunications and information systems or programs.

 


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