BILL REQ. #:  H-2377.1 

READ FIRST TIME 02/23/07.   

     AN ACT Relating to utilizing information technology; and amending RCW 43.105.017, 43.105.041, 43.105.047, 43.105.052, and 43.105.180.

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

Sec. 1   RCW 43.105.017 and 1992 c 20 s 6 are each amended to read as follows:
     It is the intent of the legislature that:
     (1) State government use voice, data, and video telecommunications technologies to:
     (a) Transmit and increase access to live, interactive classroom instruction and training;
     (b) Provide for interactive public affairs presentations, including a public forum for state and local issues;
     (c) Facilitate communications and exchange of information among state and local elected officials and the general public;
     (d) Enhance statewide communications within state agencies; and
     (e) Through the use of telecommunications, reduce time lost due to travel to in-state meetings;
     (2) Information be shared and administered in a coordinated manner, except when prevented by agency responsibilities for security, privacy, or confidentiality;
     (3) The primary responsibility for the management and use of information((, information systems, telecommunications, equipment, software, and services rests with each agency head)) technology enterprise services rests with the director of the department of information services. The director shall consult regularly with each agency head regarding information technology enterprise services as defined under RCW 43.105.052(3);
     (4) Resources be used in the most efficient manner and services be shared when cost-effective;
     (5) A structure be created to:
     (a) Plan and manage telecommunications and computing networks;
     (b) Increase agencies' awareness of information sharing opportunities; and
     (c) Assist agencies in implementing such possibilities;
     (6) An acquisition process for equipment, proprietary software, and related services be established that meets the needs of the users, considers the exchange of information, and promotes fair and open competition;
     (7) To the greatest extent possible, major information technology projects be implemented on an incremental basis;
     (8) The state maximize opportunities to exchange and share data and information by moving toward implementation of open system architecture based upon interface standards providing for application and data portability and interoperability;
     (9) To the greatest extent possible, the state recognize any price performance advantages which may be available in midrange and personal computing architecture;
     (10) The state improve recruitment, retention, and training of professional staff;
     (11) Plans, proposals, and acquisitions for information services be reviewed from a financial and management perspective as part of the budget process; and
     (12) State government adopt policies and procedures that maximize the use of existing video telecommunications resources, coordinate and develop video telecommunications in a manner that is cost-effective and encourages shared use, and ensure the appropriate use of video telecommunications to fulfill identified needs.

Sec. 2   RCW 43.105.041 and 2003 c 18 s 3 are each amended to read as follows:
     (1) The board shall have the following powers and duties related to information services:
     (a) To develop standards and procedures governing the acquisition and disposition of equipment, proprietary software and purchased services, licensing of the radio spectrum by or on behalf of state agencies, 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 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 develop statewide or interagency technical policies, standards, and procedures;
     (((d))) (c) 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 statewide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a statewide 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))) (d) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary;
     (((f))) (e) 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))) (f) 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))) (g) 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))) (h) To review and approve that portion of the department's budget requests that provides for support to the board.
     (2) Statewide 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, including wireless communications 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.
     (3)(a) The board, in consultation with the K-20 board, has the duty to govern, operate, and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; procurement of shared network services and equipment; and resolving user/provider disputes concerning technical matters. The board shall delegate general operational and technical oversight to the K-20 network technical steering committee as appropriate.
     (b) The board has the authority to adopt rules under chapter 34.05 RCW to implement the provisions regarding the technical operations and conditions of use of the K-20 network.

Sec. 3   RCW 43.105.047 and 1999 c 80 s 5 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;
     (2) Advise the governor and the legislature with respect to matters affecting information technology management and planning;
     (3) Establish levels of delegated authority for state agencies and institutions of higher education related to the acquisition of hardware, software, or purchased or personal services relating to information technology. 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;
     (4) Develop a migration strategy related to the transition of information technology resources from state agencies to the department of information services, with a completion date of June 30, 2010. This strategy will:
     (a) Transfer all information technology resources from agencies with fifty or less full-time equivalents to the department of information services to include the establishment of services for those agencies no later than June 30, 2008;
     (b) Direct agencies to use information technology enterprise services provided by the department of information services as directed in RCW 43.105.052 (3) and (4);
     (c) Transfer newly established information technology positions to the department of information services beginning July 1, 2007 at the discretion of the director of the department of information services;
     (d) Transfer the administrative information technology support functions of the office of financial management and department of personnel to the department of information services by June 30, 2009; and
     (e) Report to the governor and legislature on the progress and timeline for the completion of the migration by December 1, 2007, and December 1, 2008;
     (5) Maintain and fund a strategic planning and policy component separate from the services component of the department;
     (((3))) (6) Appoint, after consulting with the board, the assistant or deputy director for the planning component;
     (((4))) (7) Appoint such professional, technical, and clerical assistants and employees as may be necessary to perform the duties imposed by this chapter;
     (((5))) (8) Report to the governor and the board any matters relating to abuses and evasions of this chapter; and
     (((6))) (9) Recommend statutory changes to the governor and the board.

Sec. 4   RCW 43.105.052 and 2000 c 180 s 1 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 information technology portfolios and related requests; and
     (b) Implementation of statewide and interagency policies, standards, and guidelines;
     (2) ((Make available)) Provide technical assistance to the governor and legislature in identifying information technology needs and in planning to meet those needs through agency portfolios and investments for information technology;
     (3) Provide information technology enterprise services to state agencies, institutions of higher education, and local governments and public benefit nonprofit corporations on a full cost-recovery basis. For the purposes of this section "public benefit nonprofit corporation" means a public benefit nonprofit corporation as defined in RCW 24.03.005 that is receiving local, state, or federal funds either directly or through a public agency other than an Indian tribe or political subdivision of another state. "Information technology enterprise services" means the acquisition, provisioning, or approval of hardware, software, and purchased or personal services provided by the department of information services. 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))) Agencies of state government and institutions of higher education shall use the department of information services information technology enterprise services when acquiring information technology services, products, and assets including acquisitions within an agency's delegated authority.
     If an information technology enterprise service is provided by the department of information services, or an agency has a specific service requirement to acquire hardware, software, or purchased or personal services directly, the agency shall submit a request to proceed with the acquisition to the department of information services for review and approval. The request shall be evaluated by the department of information services in consultation with the office of financial management.
     (4) Agencies of state government and institutions of higher education shall locate all new servers with the department of information services. Agencies with a service requirement that require servers to be located outside the department of information services must first obtain written approval from the department of information services director. Justifications must be based upon written justification from the requesting agency citing specific service requirements for locating servers outside the state's common platform.
     (5) 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 advisory board. 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 advisory board. 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 strategic planning and policy component;
     (((4))) (6) 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))) (7) Develop plans for the department's achievement of statewide 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 the customer advisory board and the board in the development of these plans;
     (((6))) (8) 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))) (9) Identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;
     (((8))) (10) Assess agencies' projects, acquisitions, plans, information technology portfolios, 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))) (11) Develop planning, budgeting, and expenditure reporting requirements, in conjunction with the office of financial management, for agencies to follow;
     (((10))) (12) Assist the office of financial management with budgetary and policy review of agency plans for information services;
     (((11))) (13) Provide staff support from the strategic planning and policy 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))) (14) 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))) (15) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.

Sec. 5   RCW 43.105.180 and 1999 c 80 s 11 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)) proposals identified under RCW 43.105.190, including those proposed by institutions of higher education and the superintendent of public instruction, in conjunction with educational service districts, or statewide 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, consistent with portfolio-based information technology management, for the evaluation of agency budget requests under this section. These budget requests shall be made in the context of an agency's information technology portfolio; technology initiatives underlying budget requests are subject to board review. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with the state strategic information technology plan, utilization of enterprise or common services, consistency with the agency information technology portfolios, appropriate provision for public electronic access to information and services, costs, and benefits.