S-1977.1  _______________________________________________

                         SENATE BILL 6009

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senator Finkbeiner

Read first time 02/26/97.  Referred to Committee on Energy & Utilities.

Changing provisions relating to the information services board and creating a joint legislative committee on information technology.

    AN ACT Relating to the information services; amending RCW 43.105.020, 43.105.032, 43.105.047, 43.105.052, 43.105.160, 43.105.190, and 42.17.2401; reenacting and amending RCW 43.105.041, 43.105.041, 43.105.170, and 43.105.180; adding new sections to chapter 44.48 RCW; adding a new section to chapter 43.105 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:

    Sec. 1.  RCW 43.105.020 and 1993 c 280 s 78 are each amended to read as follows:

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

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

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

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

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

    (5) "Executive director" means the executive director of the information services board;

(6) "Purchased services" means services provided by a vendor to accomplish routine, continuing, and necessary functions.  This term includes, but is not limited to, services acquired for equipment maintenance and repair, operation of a physical plant, security, computer hardware and software installation and maintenance, data entry, keypunch services, programming services, and computer time-sharing;

    (((6))) (7) "Backbone network" means the shared high-density portions of the state's telecommunications transmission facilities.  It includes specially conditioned high-speed communications carrier lines, multiplexors, switches associated with such communications lines, and any equipment and software components necessary for management and control of the backbone network;

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

    (((8))) (9) "Information processing" means the electronic capture, collection, storage, manipulation, transmission, retrieval, and presentation of information in the form of data, text, voice, or image and includes telecommunications and office automation functions;

    (((9))) (10) "Information services" means data processing, telecommunications, and office automation;

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

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

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

    Sec. 2.  RCW 43.105.032 and 1996 c 137 s 10 are each amended to read as follows:

    There is hereby created the Washington state information services board.  The board shall be composed of thirteen members.  Eight members shall be appointed by the governor, one of whom shall be a representative of higher education, ((one of whom shall be a representative of an agency under a state-wide elected official other than the governor, and two)) who is from the discipline of computer technology, one of whom shall be the director of financial management, one of whom shall be the director of the department who shall be a voting member of the board, and five of whom shall be 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 be the superintendent of public instruction or shall be appointed by the superintendent of public instruction.  One)) Two members shall represent the house of representatives and shall be selected by the speaker of the house of representatives, one from each of the two major political parties; ((one)) two members shall represent the senate and shall be appointed by the president of the senate, one from each of the two major political parties.  ((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 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. 3.  RCW 43.105.041 and 1996 c 171 s 7 and 1996 c 137 s 11 are each reenacted and amended to read as follows:

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

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

    (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;

    (c) To review agency acquisition plans and requests;

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

    (((d))) (e) To develop a state strategic information technology plan and performance reports as required under RCW 43.105.160;

(f) To develop plans for the 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 board shall seek the advice of customer oversight committees in the development of these plans;

(g) In collaboration with the department of personnel and other agencies as may be appropriate, to develop training plans and coordinate training programs that are responsive to the needs of agencies;

(h) To identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;

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

(j) To develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies to follow;

(k) To assist the office of financial management with budgetary and policy review of agency plans for information services;

(l) 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;

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

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

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

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

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

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

    (ii) Training and education; and

    (iii) Project management;

    (((h))) (p) 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

    (i))) (q) To ensure compliance by state agencies with the board's standards and policies governing the planning, implementation, and evaluation of major information technology projects identified under RCW 43.105.190; and

(r) To review and approve that portion of the department's budget requests that ((provides for support)) relates to ((the)) board responsibilities.

    (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. 4.  RCW 43.105.041 and 1996 c 171 s 8 and 1996 c 137 s 12 are each reenacted and amended to read as follows:

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

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

    (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,)).  However, 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;

    (c) To review agency acquisitions and requests;

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

    (((d))) (e) To develop a state strategic information technology plan and performance reports as required under RCW 43.105.160;

(f) To develop plans for the 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 board shall seek the advice of customer oversight committees in the development of these plans;

(g) In collaboration with the department of personnel and other agencies as may be appropriate, to develop training plans and coordinate training programs that are responsive to the needs of agencies;

(h) To identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;

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

(j) To develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies to follow;

(k) To assist the office of financial management with budgetary and policy review of agency plans for information services;

(l) 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;

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

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

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

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

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

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

    (ii) Training and education; and

    (iii) Project management;

    (((h))) (p) 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

    (i))) (q) To ensure compliance by state agencies with the board's standards and policies governing the planning, implementation, and evaluation of major information technology projects identified under RCW 43.105.190; and

(r) To review and approve that portion of the department's budget requests that ((provides for support)) relates to ((the)) board responsibilities.

    (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. 5.  RCW 43.105.047 and 1992 c 20 s 9 are each amended to read as follows:

    There is created the department of information services.  The department shall be headed by a director appointed by the governor with the consent of the senate.  The director shall serve at the governor's pleasure and shall receive such salary as determined by the governor.  The director shall:

    (1) Appoint a confidential secretary and such deputy and assistant directors as needed to administer the department.  However, the total number of deputy and assistant directors shall not exceed ((four)) three;

    (2) ((Maintain and fund a planning component separate from the services component of the department;

    (3) Appoint, after consulting with the board, the assistant director for the planning component;

    (4))) Appoint such professional, technical, and clerical assistants and employees as may be necessary to perform the duties imposed by this chapter;

    (((5))) (3) Report to the governor and the board any matters relating to abuses and evasions of this chapter; and

    (((6))) (4) Recommend statutory changes to the governor and 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))) (2) 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))) (3) 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.  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)))  (4) Except as provided in RCW 43.105.041, perform all other matters and things necessary to carry out the purposes and provisions of this chapter.

    Sec. 7.  RCW 43.105.160 and 1996 c 171 s 9 are each amended to read as follows:

    (1) The ((department)) board shall prepare a state strategic information technology plan ((which shall establish)) that establishes 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)) fiscal committees of the senate and the house of representatives.

    (2) The ((department)) board 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)) fiscal committees of the senate and the house of representatives.

    Sec. 8.  RCW 43.105.170 and 1996 c 171 s 10 and 1996 c 137 s 13 are each reenacted and 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, 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

    (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)) board 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;

    (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. 9.  RCW 43.105.180 and 1996 c 171 s 11 and 1996 c 137 s 14 are each reenacted and 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, appropriate provision for public electronic access to information and services, costs, and benefits.)) The office of financial management and the board shall collaborate to evaluate agency budget requests for information technology projects of one and one-half million dollars or more.  The evaluation process shall use a consistent methodology that includes the following components:

(1) Requests for funding shall be considered as proposed investments by the taxpayers of the state;

(2) Agencies submitting proposals subject to this section shall submit a cost-benefit analysis that quantifies the life-cycle costs and benefits of the proposed project and alternatives to the proposed project;

(3) An appropriate measure of return on investment, generated from the required cost-benefit analysis, shall be an important criterion for evaluating proposed projects;

(4) Other evaluation criteria including, but not limited to:  Feasibility of the proposed projects, consistency with state and agency strategic information technology plans, and consistency with agency goals and objectives; and

(5) A summary of the results of the evaluation process for each proposed project shall be transmitted to the fiscal committees of the legislature.

    Sec. 10.  RCW 43.105.190 and 1996 c 137 s 15 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)) board, a process and procedures unique to the agency.  The ((department)) board may accept or require modification of such agency proposals or the ((department)) board 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 executive director may terminate a major project if the executive 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)) board, 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)) board 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)) fiscal committees of the senate and house of representatives, and the policy committees of the senate and house of representatives with direct oversight responsibility for information technology projects.

NEW SECTION. Sec. 11.  (1) All powers, duties, and functions of the department of information services pertaining to information technology planning, policies, and standards and oversight of agency technology projects are transferred to the information services board.  All references to the director or the department of information services in the Revised Code of Washington shall be construed to mean the executive director or the information services board when referring to the functions transferred in this section.

    (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of information services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the information services board.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of information services in carrying out the powers, functions, and duties transferred shall be made available to the information services board.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the information services board.

    (b) Any appropriations made to the department of information services for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the information services board.

    (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

    (3) All employees of the department of information services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the information services board.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the information services board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

    (4) All rules and all pending business before the department of information services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the information services board.  All existing contracts and obligations shall remain in full force and shall be performed by the information services board.

    (5) The transfer of the powers, duties, functions, and personnel of the department of information services shall not affect the validity of any act performed before the effective date of this section.

    (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

    (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

    Sec. 12.  RCW 42.17.2401 and 1996 c 186 s 504 are each amended to read as follows:

    For the purposes of RCW 42.17.240, the term "executive state officer" includes:

    (1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the executive director of the information services board, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

    (2) Each professional staff member of the office of the governor;

    (3) Each professional staff member of the legislature; and

    (4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, ((information services board,)) interagency committee for outdoor recreation, state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

NEW SECTION. Sec. 13.  The public expects the legislature to address the increasing demand for information technology services while limiting the growth of state spending.  It is imperative that the legislature become more aware of and knowledgeable about information technology and that the legislature assume a more proactive role in creating and monitoring information technology policy for all branches of state government.  The legislature needs to know the extent to which information technology programs and activities are achieving their purposes and the extent to which these programs and activities are being provided at maximum value for the state.

    The legislature recognizes that information technology, properly used, can be the state's primary tool both for improving delivery of services and for containing the costs of those services.  In order to understand better both the state's current information technology investments and how the state should invest in the future, the legislature must develop a more comprehensive view of its information technology investments.  A long-range information technology vision must be developed, and strategies to implement this vision must be formulated to provide substantial and sustainable improvements in state operations, including greater productivity and containment of costs.

NEW SECTION. Sec. 14.  (1) The joint legislative committee on information technology is created to oversee the direction, management, and expenditures of the state's information technology programs and activities.  The committee shall consist of four senators and four representatives from the legislature.  The senate members of the committee shall be appointed by the president of the senate, and the house of representatives members of the committee shall be appointed by the speaker of the house of representatives.  Not more than two members from each house shall be from the same political party.  All members shall be appointed before the close of the 1997 session of the legislature and before the close of each regular session during an odd-numbered year thereafter.  Members shall be subject to confirmation; the senate members by the senate and the house of representatives members by the house of representatives.  Four members of the committee constitute a quorum during meetings, and a majority of members in attendance concurring is sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the committee.

    (2) As used in sections 13 through 25 of this act, "committee" means the joint legislative committee on information technology.

NEW SECTION. Sec. 15.  Members of the joint legislative committee on information technology who cease to be members of the senate or the house of representatives shall also cease to be members of the committee.  Vacancies on the committee shall be filled by appointment by the remaining members.  All such vacancies shall be filled from the same political party and from the same house as the member whose seat was vacated.

NEW SECTION. Sec. 16.  On and after the commencement of a succeeding regular session of the legislature during an odd-numbered year, those members of the joint legislative committee on information technology who continue to be members of the senate and house of representatives, respectively, shall continue as members of the committee as provided for in section 15 of this act, and the committee shall continue with all its powers, duties, authorities, records, papers, personnel and staff, and all funds made available for its use.

NEW SECTION. Sec. 17.  The members of the joint legislative committee on information technology shall serve without additional compensation, but shall be reimbursed in accordance with RCW 44.04.120 while attending sessions of the committee or meetings of any subcommittee of the committee, or on other committee business authorized by the committee.

NEW SECTION. Sec. 18.  All expenses incurred by the joint legislative committee on information technology, including salaries and expenses of employees, shall be paid upon voucher forms as provided by the administrator and signed by the chair or vice-chair of the committee.  Vouchers may be drawn on funds appropriated by law for the committee, however the senate and the house of representatives may authorize the committee to draw on funds appropriated by the legislature for legislative expenses.

NEW SECTION. Sec. 19.  The joint legislative committee on information technology shall appoint its own chair, vice-chair, and other officers and to make rules for orderly procedure.

NEW SECTION. Sec. 20.  (1) The joint legislative committee on information technology shall examine, on a continuing basis, the status of information technology in state government, and recommend to the legislature ways to improve the management and use of information technology in state government.  Overall, the committee shall serve as the focal point through which the legislature can understand and evaluate the rationale, benefits, drawbacks, and costs of various information technology visions, policies, and activities and take appropriate action.  In particular, the committee may:

    (a) Conduct oversight hearings, including the summoning of witnesses and other means to procure testimony, and investigations as necessary to inform the legislature about specific information technology activities or needs;

    (b) Assist legislators and others in developing legislation relating to information technology;

    (c) Present reports to the legislature and other bodies at such times as the committee deems appropriate; and

    (d) Recommend and introduce legislation to improve the effectiveness and coordination of information technology programs or projects being proposed, implemented, or operated by departments or agencies of the state; this may include legislation to implement, modify, or terminate such programs or projects.

    (2) The committee shall, with the department of information services and the information services board, review and examine:

    (a) Major proposals and recommendations related to information technology;

    (b) Action plans proposed by agencies to achieve information technology goals contained in the state strategic information technology plan adopted by the information services board; and

    (c) Budget estimates proposed by agencies to implement their action plans and make recommendations thereon to the ways and means committee of the senate and the committee on appropriations of the house of representatives and for transportation agencies' budget estimates to the legislative transportation committee.

NEW SECTION. Sec. 21.  The joint legislative committee on information technology may make reports to the legislature.  The committee shall keep complete minutes of its meetings and hearings.

NEW SECTION. Sec. 22.  Each person who appears before the joint legislative committee on information technology, other than a state official or employee, may upon request receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record in accordance with RCW 2.40.010, which shall be audited and paid upon the presentation of proper vouchers signed by the person and approved by the secretary and chair of the committee.

NEW SECTION. Sec. 23.  (1) The joint legislative committee on information technology may appoint an officer to be known as the administrator, who shall be the executive and administrative head of the committee and shall assist in its duties and compile information for the committee.

    (2) The committee may select and employ temporary and permanent personnel and fix their salaries.

    (3) The duties of the administrator are to:

    (a) Manage the committee's operations;

    (b) Assist the several standing committees of the house of representatives and the senate; appear before other legislative committees; and assist any other entity upon instruction by the committee;

    (c) Provide the legislature with information obtained under the direction of the committee; and

    (d) Maintain a record of all work performed by the committee or under the direction of the committee and keep and make available all documents, data, and reports submitted to the committee by any other legislative committee.

NEW SECTION. Sec. 24.  The joint legislative committee on information technology is exempt from chapter 43.105 RCW.

NEW SECTION. Sec. 25.  The joint legislative committee on information technology shall cooperate, act, and function with Washington state legislative committees and may cooperate with the councils or committees of other states similar to this committee and with other interstate research organizations.

NEW SECTION. Sec. 26.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 27.  A new section is added to chapter 43.105 RCW to read as follows:

    The joint legislative committee on information technology is exempt from this chapter.

NEW SECTION. Sec. 28.  Sections 13 through 25 of this act are each added to chapter 44.48 RCW.

NEW SECTION. Sec. 29.  Section 3 of this act expires June 30, 1999.

NEW SECTION. Sec. 30.  Section 4 of this act takes effect June 30, 1999.

NEW SECTION. Sec. 31.  Except for section 4 of this act, 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.

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