Passed by the Senate April 22, 2009 YEAS 49   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 14, 2009 YEAS 95   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5723 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 14, 2009, 11:55 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 18, 2009 Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/12/09.
AN ACT Relating to providing support for small business assistance; amending RCW 28B.30.530, 30.60.010, 39.29.006, 39.29.011, 39.29.018, 39.29.065, 43.19.1905, 43.19.1908, 43.78.110, 43.105.041, and 43.105.020; adding a new section to chapter 28B.30 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28B.30.530 and 1984 c 77 s 1 are each amended to read
as follows:
(1) The board of regents of Washington State University shall
establish the Washington State University small business development
center.
(2) The center shall provide management and technical assistance
including but not limited to training, counseling, and research
services to small businesses throughout the state. The center shall
work with ((public and private community development and economic
assistance agencies and shall work towards the goal of coordinating
activities with such agencies to avoid duplication of services)) the
department of community, trade, and economic development, the state
board for community and technical colleges, the higher education
coordinating board, the workforce training and education coordinating
board, the employment security department, the Washington state
economic development commission, associate development organizations,
and workforce development councils to:
(a) Integrate small business development centers with other state
and local economic development and workforce development programs;
(b) Target the centers' services to small businesses;
(c) Tailor outreach and services at each center to the needs and
demographics of entrepreneurs and small businesses located within the
service area;
(d) Establish and expand small business development center
satellite offices when financially feasible; and
(e) Coordinate delivery of services to avoid duplication.
(3) The administrator of the center may contract with other public
or private entities for the provision of specialized services.
(4) The small business ((and)) development center may accept and
disburse federal grants or federal matching funds or other funds or
donations from any source when made, granted, or donated to carry out
the center's purposes. When drawing on funds from the business
assistance account created in section 3 of this act, the center must
first use the funds to make increased management and technical
assistance available to small and start-up businesses at satellite
offices. The funds may also be used to develop and expand assistance
programs such as small business planning workshops and small business
counseling.
(5) The legislature directs the small business development center
to request United States small business administration approval of a
special emphasis initiative, as permitted under 13 CFR 130.340(c) as of
April 1, 2009, to target assistance to Washington state's smaller
businesses. This initiative would be negotiated and included in the
first cooperative agreement application process that occurs after the
effective date of this section.
(6) By December 1, 2009, and December 1, 2010, respectively, the
center shall provide a written progress report and a final report to
the appropriate committees of the legislature with respect to the
requirements in subsections (2) and (5) of this section and the amount
and use of funding received through the business assistance account.
The reports must also include data on the number, location, staffing,
and budget levels of satellite offices; affiliations with community
colleges, associate development organizations or other local
organizations; the number, size, and type of small businesses assisted;
and the types of services provided. The reports must also include
information on the outcomes achieved, such as jobs created or retained,
private capital invested, and return on the investment of state and
federal dollars.
NEW SECTION. Sec. 2 A new section is added to chapter 28B.30 RCW
to read as follows:
The business assistance account is created in the custody of the
state treasurer. Expenditures from the account may be used only for
the expansion of business assistance services delivered by the small
business development center created in RCW 28B.30.530. Only the
administrator of the center or the administrator's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but an appropriation is
not required for expenditures.
Sec. 3 RCW 30.60.010 and 2008 c 240 s 1 are each amended to read
as follows:
(1) In conducting an examination of a bank chartered under Title 30
RCW, the director shall investigate and assess the record of
performance of the bank in meeting the credit needs of the bank's
entire community, including low and moderate-income neighborhoods. The
director shall accept, in lieu of an investigation or part of an
investigation required by this section, any report or document that the
bank is required to prepare or file with one or more federal agencies
by the act of Congress entitled the "Community Reinvestment Act of
1977" and the regulations promulgated in accordance with that act, to
the extent such reports or documents assist the director in making an
assessment based upon the factors outlined in subsection (2) of this
section.
(2) In making an investigation required under subsection (1) of
this section, the director shall consider, independent of any federal
determination, the following factors in assessing the bank's record of
performance:
(a) Activities conducted by the institution to ascertain credit
needs of its community, including the extent of the institution's
efforts to communicate with members of its community regarding the
credit services being provided by the institution;
(b) The extent of the institution's marketing and special credit
related programs to make members of the community aware of the credit
services offered by the institution;
(c) The extent of participation by the institution's board of
directors in formulating the institution's policies and reviewing its
performance with respect to the purposes of the Community Reinvestment
Act of 1977;
(d) Any practices intended to discourage applications for types of
credit set forth in the institution's community reinvestment act
statement(s);
(e) The geographic distribution of the institution's credit
extensions, credit applications, and credit denials;
(f) Evidence of prohibited discriminatory or other illegal credit
practices;
(g) The institution's record of opening and closing offices and
providing services at offices;
(h) The institution's participation, including investments, in
local community and microenterprise development projects;
(i) The institution's origination of residential mortgage loans,
housing rehabilitation loans, home improvement loans, and small
business or small farm loans within its community, or the purchase of
such loans originated in its community;
(j) The institution's participation in governmentally insured,
guaranteed, or subsidized loan programs for housing, small businesses,
or small farms;
(k) The institution's ability to meet various community credit
needs based on its financial condition, size, legal impediments, local
economic condition, and other factors;
(l) The institution's contribution of cash or in-kind support to
local or statewide organizations that provide counseling, training,
financing, or other services to small businesses; and
(m) Other factors that, in the judgment of the director, reasonably
bear upon the extent to which an institution is helping to meet the
credit needs of its entire community.
(3) The director shall include as part of the examination report,
a summary of the results of the assessment required under subsection
(1) of this section and shall assign annually to each bank a numerical
community reinvestment rating based on a one through five scoring
system. Such numerical scores shall represent performance assessments
as follows:
(a) Excellent performance: | 1 |
(b) Good performance: | 2 |
(c) Satisfactory performance: | 3 |
(d) Inadequate performance: | 4 |
(e) Poor performance: | 5 |
NEW SECTION. Sec. 4 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements, including guidelines set by the United States small
business administration, that are a necessary condition to the receipt
of federal funds by the state.
NEW SECTION. Sec. 5 In addition to providing integrated,
tailored management and technical assistance services to Washington
small businesses, the legislature intends that the state shall further
support them by developing procurement policies, procedures, and
materials that encourage and facilitate state agency purchase of
products and services from Washington small businesses.
Sec. 6 RCW 39.29.006 and 2002 c 354 s 235 are each amended to
read as follows:
As used in this chapter:
(1) "Agency" means any state office or activity of the executive
and judicial branches of state government, including state agencies,
departments, offices, divisions, boards, commissions, and educational,
correctional, and other types of institutions.
(2) "Client services" means services provided directly to agency
clients including, but not limited to, medical and dental services,
employment and training programs, residential care, and subsidized
housing.
(3) "Common vendor registration and bid notification system" means
the internet-based vendor registration and bid notification system
maintained by and housed within the department of general
administration. The requirements contained in chapter . . ., Laws of
2009 (this act) shall continue to apply to this system, regardless of
future changes to its name or management structure.
(4) "Competitive solicitation" means a documented formal process
providing an equal and open opportunity to qualified parties and
culminating in a selection based on criteria which may include such
factors as the consultant's fees or costs, ability, capacity,
experience, reputation, responsiveness to time limitations,
responsiveness to solicitation requirements, quality of previous
performance, and compliance with statutes and rules relating to
contracts or services. "Competitive solicitation" includes posting of
the contract opportunity on the state's common vendor registration and
bid notification system.
(((4))) (5) "Consultant" means an independent individual or firm
contracting with an agency to perform a service or render an opinion or
recommendation according to the consultant's methods and without being
subject to the control of the agency except as to the result of the
work. The agency monitors progress under the contract and authorizes
payment.
(((5))) (6) "Emergency" means a set of unforeseen circumstances
beyond the control of the agency that either:
(a) Present a real, immediate threat to the proper performance of
essential functions; or
(b) May result in material loss or damage to property, bodily
injury, or loss of life if immediate action is not taken.
(((6))) (7) "Evidence of competition" means documentation
demonstrating that the agency has solicited responses from multiple
firms in selecting a consultant. "Evidence of competition" includes
documentation that the agency has posted the contract opportunity on
the state's common vendor registration and bid notification system.
(((7))) (8) "Personal service" means professional or technical
expertise provided by a consultant to accomplish a specific study,
project, task, or other work statement. This term does not include
purchased services as defined under subsection (((9))) (10) of this
section. This term does include client services.
(((8))) (9) "Personal service contract" means an agreement, or any
amendment thereto, with a consultant for the rendering of personal
services to the state which is consistent with RCW 41.06.142.
(((9))) (10) "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 under RCW
43.19.190 or 43.105.041 for equipment maintenance and repair; operation
of a physical plant; security; computer hardware and software
maintenance; data entry; key punch services; and computer time-sharing,
contract programming, and analysis.
(((10))) (11) "Small business" means an in-state business,
including a sole proprietorship, corporation, partnership, or other
legal entity that is owned and operated independently from all other
businesses and has either (a) fifty or fewer employees, or (b) a gross
revenue of less than seven million dollars annually as reported on its
federal income tax return or its return filed with the department of
revenue over the previous three consecutive years. As used in this
definition, "in-state business" means a business that has its principal
office located in Washington and its officers domiciled in Washington.
(12) "Sole source" means a consultant providing professional or
technical expertise of such a unique nature that the consultant is
clearly and justifiably the only practicable source to provide the
service. The justification shall be based on either the uniqueness of
the service or sole availability at the location required.
Sec. 7 RCW 39.29.011 and 1998 c 101 s 3 are each amended to read
as follows:
All personal service contracts shall be entered into pursuant to
competitive solicitation, except for:
(1) Emergency contracts;
(2) Sole source contracts;
(3) Contract amendments;
(4) Contracts between a consultant and an agency of less than
twenty thousand dollars. However, contracts of five thousand dollars
or greater but less than twenty thousand dollars shall have documented
evidence of competition, which must include agency posting of the
contract opportunity on the state's common vendor registration and bid
notification system. Agencies shall not structure contracts to evade
these requirements; and
(5) Other specific contracts or classes or groups of contracts
exempted from the competitive solicitation process by the director of
the office of financial management when it has been determined that a
competitive solicitation process is not appropriate or cost-effective.
Sec. 8 RCW 39.29.018 and 1998 c 101 s 5 are each amended to read
as follows:
(1) Sole source contracts shall be filed with the office of
financial management and made available for public inspection at least
ten working days prior to the proposed starting date of the contract.
Documented justification for sole source contracts shall be provided to
the office of financial management when the contract is filed, and must
include evidence that the agency posted the contract opportunity on the
state's common vendor registration and bid notification system. For
sole source contracts of twenty thousand dollars or more, documented
justification shall also include evidence that the agency attempted to
identify potential consultants by advertising through statewide or
regional newspapers.
(2) The office of financial management shall approve sole source
contracts of twenty thousand dollars or more before any such contract
becomes binding and before any services may be performed under the
contract. These requirements shall also apply to sole source contracts
of less than twenty thousand dollars if the total amount of such
contracts between an agency and the same consultant is twenty thousand
dollars or more within a fiscal year. Agencies shall ensure that the
costs, fees, or rates negotiated in filed sole source contracts of
twenty thousand dollars or more are reasonable.
Sec. 9 RCW 39.29.065 and 1998 c 101 s 9 are each amended to read
as follows:
To implement this chapter, the director of the office of financial
management shall establish procedures for the competitive solicitation
and award of personal service contracts, recordkeeping requirements,
and procedures for the reporting and filing of contracts. The director
shall develop procurement policies and procedures, such as unbundled
contracting and subcontracting, that encourage and facilitate the
purchase of products and services by state agencies and institutions
from Washington small businesses to the maximum extent practicable and
consistent with international trade agreement commitments. For
reporting purposes, the director may establish categories for grouping
of contracts. The procedures required under this section shall also
include the criteria for amending personal service contracts. At the
beginning of each biennium, the director may, by administrative policy,
adjust the dollar thresholds prescribed in RCW 39.29.011, 39.29.018,
and 39.29.040((, and 39.29.068)) to levels not to exceed the percentage
increase in the implicit price deflator. Adjusted dollar thresholds
shall be rounded to the nearest five hundred dollar increment.
Sec. 10 RCW 43.19.1905 and 2008 c 215 s 4 are each amended to
read as follows:
(1) The director of general administration shall establish overall
state policy for compliance by all state agencies, including
educational institutions, regarding the following purchasing and
material control functions:
(a) Development of a state commodity coding system, including
common stock numbers for items maintained in stores for reissue;
(b) Determination where consolidations, closures, or additions of
stores operated by state agencies and educational institutions should
be initiated;
(c) Institution of standard criteria for determination of when and
where an item in the state supply system should be stocked;
(d) Establishment of stock levels to be maintained in state stores,
and formulation of standards for replenishment of stock;
(e) Formulation of an overall distribution and redistribution
system for stock items which establishes sources of supply support for
all agencies, including interagency supply support;
(f) Determination of what function data processing equipment,
including remote terminals, shall perform in statewide purchasing and
material control for improvement of service and promotion of economy;
(g) Standardization of records and forms used statewide for supply
system activities involving purchasing, receiving, inspecting, storing,
requisitioning, and issuing functions, including a standard
notification form for state agencies to report cost-effective direct
purchases, which shall at least identify the price of the goods as
available through the division of purchasing, the price of the goods as
available from the alternative source, the total savings, and the
signature of the notifying agency's director or the director's
designee;
(h) Screening of supplies, material, and equipment excess to the
requirements of one agency for overall state need before sale as
surplus;
(i) Establishment of warehouse operation and storage standards to
achieve uniform, effective, and economical stores operations;
(j) Establishment of time limit standards for the issuing of
material in store and for processing requisitions requiring purchase;
(k) Formulation of criteria for determining when centralized rather
than decentralized purchasing shall be used to obtain maximum benefit
of volume buying of identical or similar items, including procurement
from federal supply sources;
(l) Development of criteria for use of leased, rather than state
owned, warehouse space based on relative cost and accessibility;
(m) Institution of standard criteria for purchase and placement of
state furnished materials, carpeting, furniture, fixtures, and nonfixed
equipment, in newly constructed or renovated state buildings;
(n) Determination of how transportation costs incurred by the state
for materials, supplies, services, and equipment can be reduced by
improved freight and traffic coordination and control;
(o) Establishment of a formal certification program for state
employees who are authorized to perform purchasing functions as agents
for the state under the provisions of chapter 43.19 RCW;
(p) Development of performance measures for the reduction of total
overall expense for material, supplies, equipment, and services used
each biennium by the state;
(q) Establishment of a standard system for all state organizations
to record and report dollar savings and cost avoidance which are
attributable to the establishment and implementation of improved
purchasing and material control procedures;
(r) Development of procedures for mutual and voluntary cooperation
between state agencies, including educational institutions, and
political subdivisions for exchange of purchasing and material control
services;
(s) Resolution of all other purchasing and material matters which
require the establishment of overall statewide policy for effective and
economical supply management;
(t) Development of guidelines and criteria for the purchase of
vehicles, high gas mileage vehicles, alternate vehicle fuels and
systems, equipment, and materials that reduce overall energy-related
costs and energy use by the state, including investigations into all
opportunities to aggregate the purchasing of clean technologies by
state and local governments, and including the requirement that new
passenger vehicles purchased by the state meet the minimum standards
for passenger automobile fuel economy established by the United States
secretary of transportation pursuant to the energy policy and
conservation act (15 U.S.C. Sec. 2002);
(u) Development of goals for state use of recycled or
environmentally preferable products through specifications for products
and services, processes for requests for proposals and requests for
qualifications, contractor selection, and contract negotiations;
(v) Development of procurement policies and procedures, such as
unbundled contracting and subcontracting, that encourage and facilitate
the purchase of products and services by state agencies and
institutions from Washington small businesses to the maximum extent
practicable and consistent with international trade agreement
commitments;
(w) Development of food procurement procedures and materials that
encourage and facilitate the purchase of Washington grown food by state
agencies and institutions to the maximum extent practicable and
consistent with international trade agreement commitments; and
(((w))) (x) Development of policies requiring all food contracts to
include a plan to maximize to the extent practicable and consistent
with international trade agreement commitments the availability of
Washington grown food purchased through the contract.
(2) ((As used in this section,)) The department of general
administration shall convene a working group including representatives
of the office of financial management, the department of information
services, and the state printer. The purpose of the working group is
to work collaboratively to develop common policies and procedures that
encourage and facilitate state government purchases from Washington
small businesses, as required in subsection (1)(v) of this section, and
in RCW 39.29.065, 43.78.110, and 43.105.041(1)(j). By December 1,
2009, these central services agencies shall jointly provide a written
progress report to the governor and legislature on actions taken and
planned, barriers identified, and solutions recommended to reach this
goal.
(3) The definitions in this subsection apply throughout this
section and RCW 43.19.1908.
(a) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(b) "Small business" has the definition in RCW 39.29.006.
(c) "Washington grown" has the definition in RCW 15.64.060.
Sec. 11 RCW 43.19.1908 and 2006 c 363 s 2 are each amended to
read as follows:
Competitive bidding required by RCW 43.19.190 through 43.19.1939
shall be solicited by public notice, by posting of the contract
opportunity on the state's common vendor registration and bid
notification system, and through the sending of notices by mail,
electronic transmission, or other means to bidders on the appropriate
list of bidders who shall have qualified by application to the division
of purchasing. Bids may be solicited by the purchasing division from
any source thought to be of advantage to the state. All bids shall be
in written or electronic form and conform to rules of the division of
purchasing.
Sec. 12 RCW 43.78.110 and 1993 c 379 s 107 are each amended to
read as follows:
(1) Whenever in the judgment of the public printer certain
printing, ruling, binding, or supplies can be secured from private
sources more economically than by doing the work or preparing the
supplies in the state printing plant, the public printer may obtain
such work or supplies from such private sources. The solicitation for
the contract opportunity must be posted on the state's common vendor
registration and bid notification system. The public printer shall
develop procurement policies and procedures, such as unbundled
contracting and subcontracting, that encourage and facilitate the
purchase of such services or supplies from Washington small businesses
to the maximum extent practicable and consistent with international
trade agreement commitments.
(2) In event any work or supplies are secured on behalf of the
state under this section the state printing plant shall be entitled to
add up to five percent to the cost thereof to cover the handling of the
orders which shall be added to the bills and charged to the respective
authorities ordering the work or supplies. The five percent handling
charge shall not apply to contracts with institutions of higher
education.
(3) The definitions in this subsection apply throughout this
section.
(a) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(b) "Small business" has the definition in RCW 39.29.006.
Sec. 13 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,
except that the board, the department, and state agencies, as
delegated, must post notices of technology procurement bids on the
state's common vendor registration and bid notification system. This
subsection (1)(b) does not apply to the legislative branch;
(c) To develop statewide or interagency technical policies,
standards, and procedures;
(d) 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) To provide direction concerning strategic planning goals and
objectives for the state. The board shall seek input from the
legislature and the judiciary;
(f) 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) 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) 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) To review and approve that portion of the department's budget
requests that provides for support to the board; and
(j) To develop procurement policies and procedures, such as
unbundled contracting and subcontracting, that encourage and facilitate
the purchase of products and services by state agencies and
institutions from Washington small businesses to the maximum extent
practicable and consistent with international trade agreement
commitments.
(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. 14 RCW 43.105.020 and 2003 c 18 s 2 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) "Committee" means the state interoperability executive
committee;
(4) "Local governments" includes all municipal and quasi municipal
corporations and political subdivisions, and all agencies of such
corporations and subdivisions authorized to contract separately;
(5) "Director" means the director of the department;
(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,
telecommunications installation and maintenance, data entry, keypunch
services, programming services, and computer time-sharing;
(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;
(8) "Telecommunications" means the transmission of information by
wire, radio, optical cable, electromagnetic, or other means;
(9) "Information" includes, but is not limited to, data, text,
voice, and video;
(10) "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;
(11) "Information services" means data processing,
telecommunications, office automation, and computerized information
systems;
(12) "Equipment" means the machines, devices, and transmission
facilities used in information processing, such as computers, word
processors, terminals, telephones, wireless communications system
facilities, cables, and any physical facility necessary for the
operation of such equipment;
(13) "Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency
missions and information technology and telecommunications investments;
(14) "Oversight" means a process of comprehensive risk analysis and
management designed to ensure optimum use of information technology
resources and telecommunications;
(15) "Proprietary software" means that software offered for sale or
license;
(16) "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;
(17) "K-20 educational network board" or "K-20 board" means the K-20 educational network board created in RCW 43.105.800;
(18) "K-20 network technical steering committee" or "committee"
means the K-20 network technical steering committee created in RCW
43.105.810;
(19) "K-20 network" means the network established in RCW
43.105.820;
(20) "Educational sectors" means those institutions of higher
education, school districts, and educational service districts that use
the network for distance education, data transmission, and other uses
permitted by the K-20 board.
(21) "Common vendor registration and bid notification system" has
the definition in RCW 39.29.006.
(22) "Small business" has the definition in RCW 39.29.006.