BILL REQ. #:  S-5085.1 

Read first time 02/06/08.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the children's administration's use of information services; and amending RCW 43.105.080, 43.105.170, 43.105.180, 43.105.190, and 43.105.210.

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

Sec. 1   RCW 43.105.080 and 1999 c 80 s 8 are each amended to read as follows:
     There is created a revolving fund to be known as the data processing revolving fund in the custody of the state treasurer. The revolving fund shall be used for the acquisition of equipment, software, supplies, and services and the payment of salaries, wages, and other costs incidental to the acquisition, development, operation, and administration of information services, telecommunications, systems, software, supplies and equipment, including the payment of principal and interest on bonds issued for capital projects, by the department, Washington State University's computer services center, the department of personnel's personnel information systems division, the office of financial management's financial systems management group, and other users as jointly determined by the department and the office of financial management. The revolving fund is subject to the allotment procedure provided under chapter 43.88 RCW. Disbursements from the revolving fund for the services component of the department are not subject to appropriation. Disbursements for the strategic planning and policy component of the department are subject to appropriation. All disbursements from the fund are subject to the allotment procedures provided under chapter 43.88 RCW. The department shall establish and implement a billing structure to assure all agencies except the children's administration in the department of social and health services pay an equitable share of the costs.
     As used in this section, the word "supplies" shall not be interpreted to delegate or abrogate the division of purchasing's responsibilities and authority to purchase supplies as described in RCW 43.19.190 and 43.19.200.

Sec. 2   RCW 43.105.170 and 1999 c 80 s 10 are each amended to read as follows:
     (1) Each agency shall develop an information technology portfolio consistent with RCW ((43.105.095)) 43.105.172. The superintendent of public instruction shall develop its portfolio in conjunction with educational service districts and statewide or regional providers of K-12 education information technology services.
     (2) Agency portfolios shall include, but not be limited to, the following:
     (a) A baseline assessment of the agency's information technology resources and capabilities that will serve as the benchmark for subsequent planning and performance measures;
     (b) 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;
     (c) 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;
     (d) 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;
     (e) Projects and resources required to meet the objectives of the portfolio; and
     (f) Where feasible, estimated schedules and funding required to implement identified projects.
     (3) Portfolios 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 portfolios as deemed appropriate by the board. Portfolios submitted under this subsection shall be updated and submitted for review and approval as necessary.
     (4) Each agency shall prepare and submit to the department a biennial performance report that evaluates progress toward the objectives articulated in its information technology portfolio. The superintendent of public instruction shall develop its portfolio in conjunction with educational service districts and statewide 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 information technology portfolio;
     (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.
     (5) The department, with the approval of the board, shall establish standards, elements, form, and format for plans and reports developed under this section.
     (6) 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.
     (7) For purposes of this section, "agency" shall not include the children's administration within the department of social and health services.
     (8) The board may exempt any agency from any or all of the requirements of this section.

Sec. 3   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 identified under RCW 43.105.190, including those proposed by 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, consistency with information technology portfolios, appropriate provision for public electronic access to information and services, costs, and benefits.
     For purposes of this section, "agency" shall not include the children's administration in the department of social and health services.

Sec. 4   RCW 43.105.190 and 2005 c 319 s 111 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 statewide 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 statewide significance of the project; and
     (b) Establish a model process and procedures which agencies shall follow in developing and implementing projects within their information technology portfolios. 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.
     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 consistent with portfolio-based information technology management to govern 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 based on the demonstrated business needs and benefits; cost; technology scope and feasibility; impact on the agency's information technology portfolio and on the statewide infrastructure; and 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.
     If there are projects that receive funding from a transportation fund or account, copies of those projects' evaluations conducted under this subsection must be submitted to the chairs and ranking minority members of the transportation committees of the senate and the house of representatives.
     (4) This section shall not apply to the children's administration of the department of social and health services.

Sec. 5   RCW 43.105.210 and 1993 sp.s. c 1 s 903 are each amended to read as follows:
     No state agency, except the children's administration in the department of social and health services, may expend any moneys for major information technology projects subject to review by the department of information services under RCW 43.105.190 unless specifically authorized by the legislature. An intentional or negligent violation of this section constitutes a violation of RCW 43.88.290 and shall subject the head of the agency to forfeiture of office and other civil penalties as provided under RCW 43.88.300.
     If the director of information services intentionally or negligently approved an expenditure in violation of this section, then all sanctions described in this section and RCW 43.88.300 shall also apply to the director of information services.