CERTIFICATION OF ENROLLMENT

 

          ENGROSSED SECOND SUBSTITUTE SENATE BILL 6705

 

 

                   Chapter 137, Laws of 1996

 

 

                        54th Legislature

                      1996 Regular Session

 

 

      TELECOMMUNICATIONS, TELECOMMUNICATIONS PLANNING, AND

             HIGHER EDUCATION TECHNOLOGY--PLANNING

 

 

EFFECTIVE DATE:  Sections 1-11 and 13-15 become effective on 3/25/96; section 12 becomes effective on 6/30/97.

Passed by the Senate March 7, 1996

  YEAS 47   NAYS 1

 

 

 

            JOEL PRITCHARD

President of the Senate

 

Passed by the House March 7, 1996

  YEAS 98   NAYS 0

             CERTIFICATE

 

I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE SENATE BILL 6705 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

             MARTY BROWN

                            Secretary

 

 

Approved March 25, 1996 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

          March 25, 1996 - 10:21 a.m.

 

 

 

              MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

           ENGROSSED SECOND SUBSTITUTE SENATE BILL 6705

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 1996 Regular Session

 

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, 43.105.170, 43.105.180, and 43.105.190; adding a new title to the Revised Code of Washington to be codified as Title 28D RCW; creating a new section; 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.  The legislature recognizes that technology is an important tool in the preparation of an educated and knowledgeable work force and citizenry.  The legislature supports the creation of a K-20 education network for the coordinated expansion of current technology and the development of new technologies that support an integrated and interoperable educational technology network serving kindergarten through higher education and promoting access for Washington citizens.  The intent of the legislature is to significantly enhance the education system's ability to access telecommunications resources and to provide citizen access to quality primary, secondary, and postsecondary courses and degree programs state-wide through distance education.  It is also the intent of the legislature that these services be a collaborative endeavor and that resources be used effectively.  The development of a distance education 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 cost-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.  It is the intent of the legislature to make maximum use of a common telecommunications backbone network in building and expanding education technology systems.  Therefore, coordinated policy and planning to ensure program quality, interoperability, and efficient service delivery are the highest priority of the legislature.

 

    NEW SECTION.  Sec. 2.  (1) The K-20 telecommunications oversight and policy committee is established to:  Adopt policy goals and objectives for a K-20 telecommunications system, adopt a network design and implementation plan, and authorize release of funds for network purposes.

    (2) The duties of the committee shall include, but need not be limited to:

    (a) The adoption of system goals and objectives and timelines for submission of the proposed plans under sections 4 through 6 and 8 of this act by June 1, 1996;

    (b) The authorization of the construction and acquisition of a network backbone upon its approval of phase one of a technical plan for the network as specified in section 8(1) of this act;

    (c) The preparation and subsequent updates of a network design and implementation plan that includes locations to be served by the network, service delivery specifications, a network governance structure, other appropriate components, and a phased technical plan in accordance with section 8(2) of this act.  The plan shall be adopted after considering the recommendations of the information services board, the higher education coordinating board, and the superintendent of public instruction.

    (d) The preparation of an implementation plan that prioritizes access to the network backbone and other telecommunication components; and

    (e) The authorization of the release of funds for expenditures to construct the network and distance education components.

    (3) By April 15, 1996, the department of information services shall convene the committee.  The committee shall include the following voting members or their designees:  The governor; one member from each caucus of the senate, appointed by the president of the senate; one member from each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction; the chair of the higher education coordinating board; and the chair of the information services board.  On a nonvoting basis, the committee shall include the following members or their designees:  One community college or technical college president, appointed by the state board for community and technical colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved private school, each appointed by the superintendent of public instruction; one representative of independent nonprofit baccalaureate institutions, appointed by the Washington friends of higher education; and one representative of the computer or telecommunications industry, appointed by the information services board.  The voting members must reach a consensus in approving the network design and implementation plan.  The department shall provide staff support to the committee.

 

    NEW SECTION.  Sec. 3.  The design and implementation plan for the K-20 telecommunication system shall:  (1) Provide optimum geographic and social distribution of the benefits of a network; (2) minimize duplication of technology resources and education programs or degrees at public institutions of postsecondary education; (3) maximize existing networks and video telecommunications resources owned or operated by the state; (4) consider the benefits of purchasing additional hardware to expand the current telecommunications network versus leasing network services from the department of information services or from private sector providers; (5) foster partnerships among public, private, and nonprofit entities, including independent nonprofit baccalaureate institutions of higher education, libraries, and public hospitals; (6) ensure that each network site is designed to maximize utilization by the institutions of postsecondary education and public schools; (7) provide for future access by public entities on a no-cost or low-cost basis; and (8) ensure that the network can be expanded and upgraded, is based on an open-architecture model, and connects to national and world-wide information infrastructures.

 

    NEW SECTION.  Sec. 4.  Within the timelines specified by the committee, the higher education coordinating board shall prepare and submit to the K-20 telecommunications oversight and policy committee a proposed location plan of higher education delivery sites proposed for connection to the K-20 education network.  The development of the plan shall begin immediately.  For each site proposed for connection to the network, the board shall recommend service delivery specifications that include, but need not be limited to, an assessment of community needs and programming and service levels that provide for effective use of network resources.  The board shall prioritize the implementation of the proposed location plan.  The board shall ensure that the proposed location plan adheres to the principles described in section 3 of this act and the goals and objectives adopted by the committee under section 2 of this act.

 

    NEW SECTION.  Sec. 5.  Within timelines specified by the committee, the superintendent of public instruction shall prepare and submit to the K-20 telecommunications oversight and policy committee a proposed location plan of public education delivery sites proposed for connection to the K-20 education network.  The development of the plan shall begin immediately.  For each site proposed for connection to the network, the superintendent shall approve service delivery specifications that include, but need not be limited to, an assessment of community needs and programming and service levels that provide for effective use of network resources.  The superintendent shall prioritize the implementation of the proposed location plan.  The superintendent shall ensure that the proposed location plan adheres to the principles described in section 3 of this act and the goals and objectives adopted by the committee under section 2 of this act.

 

    NEW SECTION.  Sec. 6.  Within timelines specified by the committee, the higher education coordinating board and the superintendent of public instruction shall recommend to the K-20 telecommunications oversight and policy committee network governance structure that ensures participation by all members of the network and, to the extent feasible, adheres to the goals and objectives adopted under section 2 of this act.

 

    NEW SECTION.  Sec. 7.  The K-20 technology account is hereby created in the state treasury.  The department of information services shall deposit into the account all moneys received from legislative appropriations, gifts, grants, and endowments for the K-20 telecommunication system.  The account shall be subject to appropriation and may be expended solely for the K-20 telecommunication system approved by the committee under section 2 of this act.  Disbursements from the account shall be on authorization of the director of the department of information services with approval of the committee under section 2 of this act.

 

    NEW SECTION.  Sec. 8.  The information services board shall prepare a technical plan for the design and construction of the K-20 telecommunication system.  The board shall ensure that the technical plan adheres to the principles described in section 3 of this act and the goals and objectives established by the committee under section 2 of this act.  The board shall provide formal project approval and oversight during the development and implementation of the K-20 telecommunications network.  In approving the plan, the board shall conduct a request for proposal process.  The technical plan shall be developed in phases as follows:

    (1) Phase one shall provide a telecommunication backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses of community colleges and technical colleges.

    (2) Phase two shall provide for (a) connection to the network by entities that include, but need not be limited to:  School districts, public higher education off-campus and extension centers, branch campuses of community colleges and technical colleges, and independent nonprofit baccalaureate institutions, as prioritized by the telecommunications oversight and policy committee; and (b) distance education facilities and components for entities listed in subsections (1) and (2) of this section.

    (3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.

 

    Sec. 9.  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. 10.  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)) thirteen members.  ((Seven)) Eight members shall be appointed by the governor, one of ((which)) whom shall be a representative of higher 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.))  One member shall be the superintendent of public instruction or shall be appointed by the superintendent of public instruction.  One member shall represent the house of representatives and shall be selected by the speaker of the house of representatives; one member shall represent the senate and shall be appointed by the president of the senate.  The representatives of the house of representatives and senate shall not be from the same political party.  One member shall be the director who shall be a voting member of the board.  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 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. 11.  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. 12.  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. 13.  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. 14.  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. 15.  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. 16.  Sections 1 through 8 of this act shall constitute a new chapter in Title 28D RCW.

 

    NEW SECTION.  Sec. 17.  Section 11 of this act expires June 30, 1997.

 

    NEW SECTION.  Sec. 18.  Section 12 of this act shall take effect June 30, 1997.

 

    NEW SECTION.  Sec. 19.  Sections 1 through 11 and 13 through 15 of this act are 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. 20.  Nothing in this act shall prevent the ongoing maintenance and operation of existing telecommunications and information systems or programs.


    Passed the Senate March 7, 1996.

    Passed the House March 7, 1996.

Approved by the Governor March 25, 1996.

    Filed in Office of Secretary of State March 25, 1996.