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;
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, and each state elected official who is a member of
the executive department.
NEW SECTION. Sec.
3. A new section is added
to chapter 2.68 RCW to read as follows:
The supreme court, the
court of appeals and all superior and district courts, through the judicial
information system committee, shall:
(1) Continue to plan
for and implement processes for making judicial information available
electronically;
(2) Promote and
facilitate electronic access to the public of judicial information and
services;
(3) Establish technical
standards for such services;
(4) Consider electronic
public access needs when planning new information systems or major upgrades of
information systems;
(5) Develop processes
to determine which judicial information the public most wants and needs;
(6) Increase
capabilities to receive information electronically from the public and transmit
forms, applications and other communications and transactions electronically;
(7) Use technologies
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 technology ability; and
(8) Consider and
incorporate wherever possible ease of access to electronic technologies by
persons with disabilities.
NEW SECTION. Sec.
4. A new section is added
to chapter 44.68 RCW to read as follows:
The legislature and
legislative agencies through the joint legislative systems committee, shall:
(1)Continue to plan for
and implement processes for making legislative information available
electronically;
(2) Promote and
facilitate electronic access to the public of legislative information and
services;
(3) Establish technical
standards for such services;
(4) Consider electronic
public access needs when planning new information systems or major upgrades of
information systems;
(5) Develop processes
to determine which legislative information the public most wants and needs;
(6) Increase
capabilities to receive information electronically from the public and transmit
forms, applications and other communications and transactions electronically;
(7) Use technologies
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 technology ability; and
(8) Consider and
incorporate wherever possible ease of access to electronic technologies by
persons with disabilities.
NEW SECTION. Sec.
5. PLANNING FOR INCREASED
PUBLIC ELECTRONIC ACCESS. Within existing resources, 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 electronic access and 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. 6. 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. 7. 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. 8. 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;
(((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. 9. 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. 10. 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) Agency
activities to increase electronic access to public records and information, as
required by this section, must be implemented within available resources and
existing agency planning processes.
(6) The board
may exempt any agency from any or all of the requirements of this section.
Sec. 11. 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.
12. 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.
13. 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.
NEW SECTION. Sec.
14. 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.
15. 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.
16. Section captions used in
this act do not constitute any part of the law.
NEW SECTION. Sec.
17. If specific funding for
the purposes of section 13 of this act is not provided by June 30, 1996, in the
supplemental appropriations act, section 13 of this act is null and void.
NEW SECTION. Sec.
18. Sections 1, 2, 5, 12, and
13 of this act are added to chapter 43.105 RCW.
NEW SECTION. Sec.
19. 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 8 of this act, which takes effect June 30,
1997.
NEW
SECTION. Sec. 20. Section 7 of this act
expires June 30, 1997.
