BILL REQ. #:  H-1762.4 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to management and consolidation of information technology; amending RCW 43.105.835, 42.17A.705, 42.17.2401, 43.105.290, 28A.650.015, 40.14.020, 42.17.460, 42.17.467, 42.17.469, 42.17.471, 42.17A.060, 43.88.092, 43.105.410, 43.105.020, 43.105.047, 43.105.052, 43.105.080, 43.19.190, 43.105.057, 43.105.060, 19.34.231, 19.34.420, 43.19A.022, 46.20.157, 2.36.054, 29A.08.760, 43.63A.550, 43.105.370, 43.105.372, 43.105.374, 43.105.376, 43.105.380, 43.105.382, 43.105.390, and 43.105.400; reenacting and amending RCW 39.94.040 and 39.29.040; adding a new section to chapter 41.06 RCW; adding new sections to chapter 43.105 RCW; adding a new section to chapter 41.80 RCW; adding new sections to chapter 43.330 RCW; adding a new chapter to Title 43 RCW; recodifying RCW 43.105.172, 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.290, 43.105.310, 43.105.835, 43.105.410, 43.105.370, 43.105.372, 43.105.374, 43.105.376, 43.105.380, 43.105.382, 43.105.390, 43.105.400, and 43.105.905; repealing RCW 2.36.057, 2.36.0571, 41.06.094, 43.105.005, 43.105.013, 43.105.019, 43.105.032, 43.105.041, 43.105.095, 43.105.105, 43.105.160, 43.105.170, 43.105.178, 43.105.180, 43.105.190, 43.105.200, 43.105.210, 43.105.300, 43.105.320, 43.105.330, 43.105.340, 43.105.360, 43.105.805, 43.105.815, 43.105.820, and 43.105.825; providing effective dates; providing expiration dates; and declaring an emergency.

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

NEW SECTION.  Sec. 101   Information technology is a tool used by state agencies to improve their ability to deliver public services efficiently and effectively. Advances in information technology -including advances in hardware, software, and business processes for implementing and managing these resources - offer new opportunities to improve the level of support provided to citizens and state agencies and to reduce the per-transaction cost of these services. These advances are one component in the process of reengineering how government delivers services to citizens.
     To fully realize the service improvements and cost efficiency from the effective application of information technology to its business processes, state government must establish decision-making structures that connect business processes and information technology in an operating model. Many of these business practices transcend individual agency processes and should be worked at the enterprise level. To do this requires an effective partnership of executive management, business processes owners, and providers of support functions necessary to efficiently and effectively deliver services to citizens.
     To maximize the potential for information technology to contribute to government business process reengineering the state must establish clear central authority to plan, set enterprise standards, and provide project oversight and management analysis of the various aspects of a business process.
     Establishing the office of chief information officer and partnering it with the director of financial management will provide state government with the cohesive structure necessary to develop improved operating models with agency directors and reengineer business process to enhance service delivery while capturing savings.

NEW SECTION.  Sec. 102   (1) The office of the chief information officer is created within the office of financial management.
     (2) Powers, duties, and functions assigned to the department of information services as specified in this chapter shall be transferred to the office of chief information officer as provided in this chapter.
     (3) The primary duties of the office are:
     (a) To prepare and lead the implementation of a strategic direction and enterprise architecture for information technology for state government;
     (b) To enable the standardization and consolidation of information technology infrastructure across all state agencies to support enterprise-based system development and improve and maintain service delivery;
     (c) To establish standards and policies for the consistent and efficient operation of information technology services throughout state government;
     (d) To establish statewide enterprise architecture that will serve as the organizing standard for information technology for state agencies;
     (e) Educate and inform state managers and policymakers on technological developments, industry trends and best practices, industry benchmarks that strengthen decision making and professional development, and industry understanding for public managers and decision makers.
     (4) In the case of institutions of higher education, the powers of the office and the provisions of this chapter apply to business and administrative applications but do not apply to academic and research applications.
     (5) The legislature and the judiciary, which are constitutionally recognized as separate branches of government, are strongly encouraged to coordinate with the office and participate in shared services initiatives and the development of enterprise-based strategies, where appropriate.

NEW SECTION.  Sec. 103   (1) The executive head and appointing authority of the office is the chief information officer. The chief information officer shall be appointed by the governor, subject to confirmation by the senate. The chief information officer shall serve at the pleasure of the governor. The chief information officer shall be paid a salary fixed by the governor. If a vacancy occurs in the position of chief information officer while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position.
     (2) The chief information officer may employ staff members, some of whom may be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter, and such other duties as may be authorized by law. The chief information officer may delegate any power or duty vested in him or her by this chapter or other law.
     (3) The internal affairs of the office shall be under the control of the chief information officer in order that the chief information officer may manage the office in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the chief information officer shall have complete charge and supervisory powers over the office. The chief information officer may create such administrative structures as the chief information officer deems appropriate, except as otherwise specified by law, and the chief information officer may employ staff members as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.

NEW SECTION.  Sec. 104   The chief information officer shall:
     (1) Supervise and administer the activities of the office of chief information officer;
     (2) Exercise all the powers and perform all the duties prescribed by law with respect to the administration of this chapter including:
     (a) Appoint such professional, technical, and clerical assistants and employees as may be necessary to perform the duties imposed by this chapter; and
     (b) Report to the governor any matters relating to abuses and evasions of this chapter.
     (3) In addition to other powers and duties granted, the chief information officer has the following powers and duties:
     (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter;
     (b) Accept and expend gifts and grants that are related to the purposes of this chapter, whether such grants be of federal or other funds;
     (c) Apply for grants from public and private entities, and receive and administer any grant funding received for the purpose and intent of this chapter;
     (d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this chapter;
     (e) Delegate powers, duties, and functions as the chief information officer deems necessary for efficient administration, but the chief information officer shall be responsible for the official acts of the officers and employees of the office; and
     (f) Perform other duties as are necessary and consistent with law.

NEW SECTION.  Sec. 105   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "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.
     (2) "Board" means the information technology advisory board.
     (3) "Committee" means the state interoperability executive committee.
     (4) "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 board.
     (5) "Enterprise architecture" means an ongoing program for translating business vision and strategy into effective enterprise change. It is a continuous activity. Enterprise architecture creates, communicates, and improves the key principles and models that describe the enterprise's future state and enable its evolution.
     (6) "Equipment" means the machines, devices, and transmission facilities used in information processing, including but not limited to computers, terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment.
     (7) "Information" includes, but is not limited to, data, text, voice, and video.
     (8) "Information technology" includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.
     (9) "Information technology portfolio" or "portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments.
     (10) "K-20 network" means the network established in section 118 of this act.
     (11) "Local governments" includes all municipal and quasi-municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately.
     (12) "Office" means the office of the chief information officer.
     (13) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications.
     (14) "Proprietary software" means that software offered for sale or license.
     (15) "State agency" or "agency" means every state office, department, division, bureau, board, commission, or other state agency, including offices headed by a statewide elected official.
     (16) "Telecommunications" includes, but is not limited to, wireless or wired systems for transport of voice, video, and data communications, network systems, requisite facilities, equipment, system controls, simulation, electronic commerce, and all related interactions between people and machines. "Telecommunications" does not include public safety communications.

NEW SECTION.  Sec. 106   (1) The chief information officer shall establish standards and policies to govern information technology in the state of Washington.
     (2) The office shall have the following powers and duties related to information services:
     (a) To develop statewide standards and policies governing the acquisition and disposition of equipment, software, and personal and purchased services, licensing of the radio spectrum by or on behalf of state agencies, and confidentiality of computerized data;
     (b) To develop statewide or interagency technical policies, standards, and procedures;
     (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;
     (d) To provide direction concerning strategic planning goals and objectives for the state. The office shall seek input from the legislature and the judiciary; and
     (e) To establish policies for the periodic review by the office 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.
     (3) 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 office shall:
     (a) Establish technical standards to facilitate electronic access to government information and interoperability of information systems, including wireless communications systems; and
     (b) Require agencies to include an evaluation of electronic public access needs when planning new information systems or major upgrades of systems.
     In developing these standards, the office is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
     (4) The office shall perform other matters and things necessary to carry out the purposes and provisions of this chapter.

NEW SECTION.  Sec. 107   (1) The office shall prepare a state strategic information technology plan which shall establish a statewide 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 office. The office shall seek the advice of the board in the development of this plan.
     The plan shall be updated as necessary and submitted to the governor and the legislature.
     (2) The office shall prepare a biennial state performance report on information technology based on agency performance reports required under section 110 of this act and other information deemed appropriate by the office. The report shall include, but not be limited to:
     (a) An analysis, based upon agency portfolios, of the state's information technology infrastructure, including its value, condition, and capacity;
     (b) An evaluation of performance relating to information technology;
     (c) 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; and
     (d) An analysis of the success or failure, feasibility, progress, costs, and timeliness of implementation of major information technology projects under section 112 of this act. At a minimum, the portion of the report regarding major technology projects must include:
     (i) The total cost data for the entire life-cycle of the project, including capital and operational costs, broken down by staffing costs, contracted service, hardware purchase or lease, software purchase or lease, travel, and training. The original budget must also be shown for comparison;
     (ii) The original proposed project schedule and the final actual project schedule;
     (iii) Data regarding progress towards meeting the original goals and performance measures of the project;
     (iv) Discussion of lessons learned on the project, performance of any contractors used, and reasons for project delays or cost increases; and
     (v) Identification of benefits generated by major information technology projects developed under section 112 of this act.
     Copies of the report shall be distributed biennially to the governor and the legislature. The major technology section of the report must examine major information technology projects completed in the previous biennium.

NEW SECTION.  Sec. 108   Management of information technology across state government requires managing resources and business processes across multiple agencies. It is no longer sufficient to pursue efficiencies within agency or individual business process boundaries. The state must manage the business process changes and information technology in support of business processes as a statewide portfolio. The chief information officer will use agency information technology portfolio planning as input to develop a statewide portfolio to guide resource allocation and prioritization decisions.

NEW SECTION.  Sec. 109   An agency information technology portfolio shall serve as the basis for making information technology decisions and plans which may include, but are not limited to:
     (1) System refurbishment, acquisitions, and development efforts;
     (2) Setting goals and objectives for using information technology;
     (3) Assessments of information processing performance, resources, and capabilities;
     (4) Ensuring the appropriate transfer of technological expertise for the operation of new systems developed using external resources;
     (5) Guiding new investment demand, prioritization, selection, performance, and asset value of technology and telecommunications; and
     (6) Progress toward providing electronic access to public information.

NEW SECTION.  Sec. 110   (1) Each agency shall develop an information technology portfolio consistent with RCW 43.105.172 (as recodified by this act). 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 section 107 of this act;
     (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 office for review and approval. The chief information officer may reject, require modification to, or approve portfolios as deemed appropriate. 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 office a biennial performance report that evaluates progress toward the objectives articulated in its information technology portfolio and the strategic priorities of the state. 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 office 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) The office may exempt any agency from any or all of the requirements of this section.

NEW SECTION.  Sec. 111   (1) At the request of the director of financial management, the office shall evaluate both state agency information technology current spending and technology budget requests, 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 office shall submit recommendations for funding all or part of such requests to the director of financial management. The office shall also submit recommendations regarding consolidation and coordination of similar proposals or other efficiencies it finds in reviewing proposals.
     (2) The office shall establish criteria, consistent with portfolio-based information technology management, for the evaluation of agency budget requests under this section. Technology budget requests shall be evaluated in the context of the state's information technology portfolio; technology initiatives underlying budget requests are subject to review by the office. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with the state strategic information technology plan and the state enterprise architecture, consistency with information technology portfolios, appropriate provision for public electronic access to information, evidence of business process streamlining and gathering of business and technical requirements, services, duration of investment, costs, and benefits.

NEW SECTION.  Sec. 112   (1) The office 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 state agencies shall follow in developing and implementing projects within their information technology portfolios. This process may include project oversight experts or panels, as appropriate. Agencies may propose, for approval by the office, a process and procedures unique to the agency. The office may accept or require modification of such agency proposals or the office 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 office.
     The chief information officer may suspend or terminate a major project, and direct that the project funds be placed into unallotted reserve status, if the chief information officer 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 chief information officer, 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 office, that the previous phase is satisfactorily completed; and
     (b) Other elements deemed necessary by the office of financial management.

NEW SECTION.  Sec. 113   (1) Prior to making a commitment to purchase, acquire, or develop a major information technology project or service, state agencies must provide a proposal to the office outlining the business case of the proposed product or service, including the upfront and ongoing cost of the proposal.
     (2) Within sixty days of receipt of a proposal, the office shall approve the proposal, reject it, or propose modifications.
     (3) In reviewing a proposal, the office must determine whether the product or service is consistent with:
     (a) The standards and policies developed by the office pursuant to section 106 of this act; and
     (b) The state's enterprise-based strategy.
     (4) If a substantially similar product or service is offered by the consolidated technology services agency established in RCW 43.105.047, the office may require the agency to procure the product or service through the consolidated technology services agency, if doing so would benefit the state as an enterprise.
     (5) The office shall provide guidance to agencies as to what threshold of information technology spending constitutes a major information technology product or service under this section.

NEW SECTION.  Sec. 114   (1) The office shall develop an enterprise-based strategy for information technology in state government informed by portfolio management planning and information technology expenditure information collected from state agencies pursuant to RCW 43.88.092.
     (2)(a) The office shall develop an ongoing enterprise architecture program for translating business vision and strategy into effective enterprise change. This program will create, communicate, and improve the key principles and models that describe the enterprise's future state and enable its evolution, in keeping with the priorities of government and the information technology strategic plan.
     (b) The enterprise architecture program will facilitate business process collaboration among agencies statewide; improving the reliability, interoperability, and sustainability of the business processes that state agencies use.
     In developing an enterprise-based strategy for the state, the office is encouraged to consider the following strategies as possible opportunities for achieving greater efficiency:
     (i) Developing evaluation criteria for deciding which common enterprise-wide business processes should become managed as enterprise services;
     (ii) Developing a roadmap of priorities for creating enterprise services;
     (iii) Developing decision criteria for determining implementation criteria for centralized or decentralized enterprise services;
     (iv) Developing evaluation criteria for deciding which technology investments to continue, hold, or drop; and
     (v) Performing such other duties as may be assigned by the office to promote effective enterprise change.
     (c) The program will establish performance measurement criteria for each of its initiatives; will measure the success of those initiatives; and will assess its quarterly results with the chief information officer to determine whether to continue, revise, or disband the initiative.

NEW SECTION.  Sec. 115   (1) The information technology advisory board is created within the office of chief information officer. The board shall be composed of nine members appointed by the governor. The board members shall consist of:
     (a) The chief information officer, who shall serve as the board chair;
     (b) No more than four members who are representatives of state agencies, at least one of whom must have direct experience using the software projects overseen by the office or reasonably expects to use the new software developed under the oversight of the office; and
     (c) At least four members who are representatives of the private sector.
     (2)(a) Members shall serve three-year terms. Members may not serve more than two consecutive terms.
     (b) Of the initial members, two must be appointed for a one-year term, three must be appointed for a two-year term, and three must be appointed for a three-year term. Thereafter, members must be appointed for three-year terms.
     (c) Vacancies shall be filled in the same manner that the original appointments were made for the remainder of the member's term.
     (3) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (4) The office shall provide staff support to the board.

NEW SECTION.  Sec. 116   The board shall advise the chief information officer on information technology related matters and:
     (1) Review policies and standards brought by the chief information officer or requested by a board member, receive comments from agency executives on the implications of proposed policies and standards, and provide recommendations to the chief information officer;
     (2) Provide a forum to solicit external expertise and perspective on developments in information technology, enterprise architecture, standards, and policy development; and
     (3) Provide a forum where ideas and issues related to information technology plans, policies, and standards can be reviewed.

NEW SECTION.  Sec. 117   (1) The chief information officer shall appoint a state interoperability executive committee, the membership of which must include, but not be limited to, representatives of the military department, the Washington state patrol, the department of transportation, the office of the chief information officer, the department of natural resources, city and county governments, state and local fire chiefs, police chiefs, and sheriffs, and state and local emergency management directors. The chair and legislative members of the board will serve as nonvoting ex officio members of the committee. Voting membership may not exceed fifteen members.
     (2) The chief information officer shall appoint the chair of the committee from among the voting members of the committee.
     (3) The state interoperability executive committee has the following responsibilities:
     (a) Develop policies and make recommendations to the office for technical standards for state wireless radio communications systems, including emergency communications systems. The standards must address, among other things, the interoperability of systems, taking into account both existing and future systems and technologies;
     (b) Coordinate and manage on behalf of the office the licensing and use of state-designated and state-licensed radio frequencies, including the spectrum used for public safety and emergency communications, and serve as the point of contact with the federal communications commission on matters relating to allocation, use, and licensing of radio spectrum;
     (c) Coordinate the purchasing of all state wireless radio communications system equipment to ensure that:
     (i) After the transition from a radio over internet protocol network, any new trunked system shall be, at a minimum, project-25;
     (ii) Any new system that requires advanced digital features shall be, at a minimum, project-25; and
     (iii) Any new system or equipment purchases shall be, at a minimum, upgradeable to project-25;
     (d) Seek support, including possible federal or other funding, for state-sponsored wireless communications systems;
     (e) Develop recommendations for legislation that may be required to promote interoperability of state wireless communications systems;
     (f) Foster cooperation and coordination among public safety and emergency response organizations;
     (g) Work with wireless communications groups and associations to ensure interoperability among all public safety and emergency response wireless communications systems; and
     (h) Perform such other duties as may be assigned by the office to promote interoperability of wireless communications systems.
     (4) The office shall provide administrative support to the committee.

NEW SECTION.  Sec. 118   (1) The office has the duty to govern 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; and resolving user/provider disputes.
     (2) The office has the following powers and duties:
     (a) In cooperation with the educational sectors and other interested parties, to establish goals and measurable objectives for the network;
     (b) To ensure that the goals and measurable objectives of the network are the basis for any decisions or recommendations regarding the technical development and operation of the network;
     (c) To adopt, modify, and implement policies to facilitate network development, operation, and expansion. Such policies may include but need not be limited to the following issues: Quality of educational services; access to the network by recognized organizations and accredited institutions that deliver educational programming, including public libraries; prioritization of programming within limited resources; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies for delivery of educational programs; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;
     (d) To prepare and submit to the governor and the legislature a coordinated budget for network development, operation, and expansion. The budget shall include the chief information officer's recommendations on (i) any state funding requested for network transport and equipment, distance education facilities and hardware or software specific to the use of the network, and proposed new network end sites, (ii) annual copayments to be charged to public educational sector institutions and other public entities connected to the network, and (iii) charges to nongovernmental entities connected to the network;
     (e) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in achieving the educational goals and measurable objectives;
     (f) To establish by rule acceptable use policies governing user eligibility for participation in the K-20 network, acceptable uses of network resources, and procedures for enforcement of such policies. The office shall set forth appropriate procedures for enforcement of acceptable use policies, that may include suspension of network connections and removal of shared equipment for violations of network conditions or policies. The office shall have sole responsibility for the implementation of enforcement procedures relating to technical conditions of use.

NEW SECTION.  Sec. 119   The office shall maintain, in consultation with the K-20 network users, the K-20 operations cooperative, which shall be responsible for day-to-day network management, technical network status monitoring, technical problem response coordination, and other duties as agreed to by the office and the educational sectors. Funding for the K-20 operations cooperative shall be provided from the education technology revolving fund under RCW 43.105.835 (as recodified by this act).

NEW SECTION.  Sec. 120   The chief information officer, in conjunction with the K-20 network users, shall maintain a technical plan of the K-20 telecommunications system and ongoing system enhancements. The office shall ensure that the technical plan adheres to the goals and objectives established under section 106 of this act. The technical plan shall provide for:
     (1) A telecommunications backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses of community colleges and technical colleges.
     (2)(a) Connection to the K-20 network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, and branch campuses of community colleges and technical colleges, as prioritized by the chief information officer; (b) distance education facilities and components for entities listed in this subsection and subsection (1) of this section; and (c) connection for independent nonprofit institutions of higher education, provided that:
     (i) The chief information officer and each independent nonprofit institution of higher education to be connected agree in writing to terms and conditions of connectivity. The terms and conditions shall ensure, among other things, that the provision of K-20 services does not violate Article VIII, section 5 of the state Constitution and that the institution shall adhere to K-20 network policies; and
     (ii) The chief information officer determines that inclusion of the independent nonprofit institutions of higher education will not significantly affect the network's eligibility for federal universal service fund discounts or subsidies.
     (3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.

NEW SECTION.  Sec. 121   (1) In overseeing the technical aspects of the K-20 network, the office is not intended to duplicate the statutory responsibilities of the higher education coordinating board, the superintendent of public instruction, the state librarian, or the governing boards of the institutions of higher education.
     (2) The office may not interfere in any curriculum or legally offered programming offered over the K-20 network.
     (3) The responsibility to review and approve standards and common specifications for the K-20 network remains the responsibility of the office under section 106 of this act.
     (4) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. Except as set forth in section 106(2)(e) of this act, the office may recommend, but not require, revisions to the superintendent's telecommunications plans.

Sec. 122   RCW 43.105.835 and 2004 c 276 s 910 are each amended to read as follows:
     (1) The education technology revolving fund is created in the custody of the state treasurer. All receipts from billings under subsection (2) of this section must be deposited in the revolving fund. Only the ((director of the department of information services or the director's designee)) chief information officer or the chief information officer's designee may authorize expenditures from the fund. The revolving fund shall be used to pay for K-20 network operations, transport, equipment, software, supplies, and services, maintenance and depreciation of on-site data, and shared infrastructure, and other costs incidental to the development, operation, and administration of shared educational information technology services, telecommunications, and systems. The revolving fund shall not be used for the acquisition, maintenance, or operations of local telecommunications infrastructure or the maintenance or depreciation of on-premises video equipment specific to a particular institution or group of institutions.
     (2) The revolving fund and all disbursements from the revolving fund are subject to the allotment procedure under chapter 43.88 RCW, but an appropriation is not required for expenditures. The ((department of information services)) office shall, ((in consultation with entities connected to the network under RCW 43.105.820 and)) subject to the review and approval of the office of financial management, establish and implement a billing structure for network services identified in subsection (1) of this section.
     (3) The ((department)) office shall charge those public entities connected to the K-20 ((telecommunications [telecommunication system] under RCW 43.105.820)) telecommunications system under section 120 of this act an annual copayment per unit of transport connection as determined by the legislature after consideration of the ((K-20)) board's recommendations. This copayment shall be deposited into the revolving fund to be used for the purposes in subsection (1) of this section. It is the intent of the legislature to appropriate to the revolving fund such moneys as necessary to cover the costs for transport, maintenance, and depreciation of data equipment located at the individual public institutions, maintenance and depreciation of the K-20 network backbone, and services provided to the network under ((RCW 43.105.815.
     (4) During the 2003-05 biennium, the legislature may transfer moneys from the education technology revolving fund to the state general fund and the data processing revolving fund such amounts as reflect the excess fund balance of the account)) section 118 of this act.

NEW SECTION.  Sec. 123   A new section is added to chapter 41.06 RCW to read as follows:
     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter do not apply in the office of the chief information officer to the chief information officer, the chief information officer's confidential secretary, assistant directors, and any other exempt staff members provided for in section 103 of this act.

Sec. 124   RCW 42.17A.705 and 2010 c 204 s 902 are each amended to read as follows:
     For the purposes of RCW 42.17A.700, "executive state officer" includes:
     (1) The chief administrative law judge, the director of agriculture, the director of the department of services for the blind, the chief information officer of the office of the chief information officer, the director of the state system of community and technical colleges, the director of commerce, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair 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)) consolidated technology services agency, 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 executive director of the Puget Sound partnership, the director of the recreation and conservation office, 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, and 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, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, Eastern Washington University board of trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board, fish and wildlife commission, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, 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,)) state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority board of trustees, liquor control board, lottery commission, Pacific Northwest electric power and conservation planning council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington State University board of regents, and Western Washington University board of trustees.

Sec. 125   RCW 42.17.2401 and 2009 c 565 s 24 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 Washington basic health plan, the director of the department of services for the blind, the chief information officer of the office of the chief information officer, the director of the state system of community and technical colleges, the director of commerce, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair 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)) consolidated technology services agency, 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 executive director of the Puget Sound partnership, the director of the recreation and conservation office, 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, and 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, the boards of trustees of each community college and each technical 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, life sciences discovery fund authority board of trustees, 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,)) recreation and conservation funding board, 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, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearings board, public employees' benefits board, salmon recovery funding 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.

Sec. 126   RCW 43.105.290 and 1996 c 171 s 13 are each amended to read as follows:
     The state library, with the assistance of the ((department of information services)) office and the state archives, shall establish a pilot project to design and test an electronic information locator system, allowing members of the public to locate and access electronic public records. In designing the system, the following factors shall be considered: (1) Ease of operation by citizens; (2) access through multiple technologies, such as direct dial and toll-free numbers, kiosks, and the internet; (3) compatibility with private online services; and (4) capability of expanding the electronic public records included in the system. The pilot project may restrict the type and quality of electronic public records that are included in the system to test the feasibility of making electronic public records and information widely available to the public.

Sec. 127   RCW 28A.650.015 and 2009 c 556 s 17 are each amended to read as follows:
     (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan shall be updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:
     (a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
     (b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of online information; and
     (c) Methods to equitably increase the use of education technology by students and school personnel throughout the state.
     (2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The ((department of information services)) office of the chief information officer, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the workforce training and education coordinating board, and the state library.
     (3) The plan adopted and implemented under this section may not impose on school districts any requirements that are not specifically required by federal law or regulation, including requirements to maintain eligibility for the federal schools and libraries program of the universal service fund.

Sec. 128   RCW 39.94.040 and 2010 1st sp.s. c 36 s 6015 and 2010 1st sp.s. c 35 s 406 are each reenacted and amended to read as follows:
     (1) Except as provided in RCW 28B.10.022, the state may not enter into any financing contract for itself if the aggregate principal amount payable thereunder is greater than an amount to be established from time to time by the state finance committee or participate in a program providing for the issuance of certificates of participation, including any contract for credit enhancement, without the prior approval of the state finance committee. Except as provided in RCW 28B.10.022, the state finance committee shall approve the form of all financing contracts or a standard format for all financing contracts. The state finance committee also may:
     (a) Consolidate existing or potential financing contracts into master financing contracts with respect to property acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical colleges, or a state institution of higher learning; or to be acquired by an other agency;
     (b) Approve programs providing for the issuance of certificates of participation in master financing contracts for the state or for other agencies;
     (c) Enter into agreements with trustees relating to master financing contracts; and
     (d) Make appropriate rules for the performance of its duties under this chapter.
     (2) In the performance of its duties under this chapter, the state finance committee may consult with representatives from the department of general administration, the office of financial management, and the ((department of information services)) office of the chief information officer.
     (3) With the approval of the state finance committee, the state also may enter into agreements with trustees relating to financing contracts and the issuance of certificates of participation.
     (4) Except for financing contracts for real property used for the purposes described under chapter 28B.140 RCW, the state may not enter into any financing contract for real property of the state without prior approval of the legislature. For the purposes of this requirement, a financing contract must be treated as used for real property if it is being entered into by the state for the acquisition of land; the acquisition of an existing building; the construction of a new building; or a major remodeling, renovation, rehabilitation, or rebuilding of an existing building. Prior approval of the legislature is not required under this chapter for a financing contract entered into by the state under this chapter for energy conservation improvements to existing buildings where such improvements include: (a) Fixtures and equipment that are not part of a major remodeling, renovation, rehabilitation, or rebuilding of the building, or (b) other improvements to the building that are being performed for the primary purpose of energy conservation. Such energy conservation improvements must be determined eligible for financing under this chapter by the office of financial management in accordance with financing guidelines established by the state treasurer, and are to be treated as personal property for the purposes of this chapter.
     (5) The state may not enter into any financing contract on behalf of an other agency without the approval of such a financing contract by the governing body of the other agency.

Sec. 129   RCW 40.14.020 and 2002 c 358 s 4 are each amended to read as follows:
     All public records shall be and remain the property of the state of Washington. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with the provisions of this chapter. In order to insure the proper management and safeguarding of public records, the division of archives and records management is established in the office of the secretary of state. The state archivist, who shall administer the division and have reasonable access to all public records, wherever kept, for purposes of information, surveying, or cataloguing, shall undertake the following functions, duties, and responsibilities:
     (1) To manage the archives of the state of Washington;
     (2) To centralize the archives of the state of Washington, to make them available for reference and scholarship, and to insure their proper preservation;
     (3) To inspect, inventory, catalog, and arrange retention and transfer schedules on all record files of all state departments and other agencies of state government;
     (4) To insure the maintenance and security of all state public records and to establish safeguards against unauthorized removal or destruction;
     (5) To establish and operate such state record centers as may from time to time be authorized by appropriation, for the purpose of preserving, servicing, screening and protecting all state public records which must be preserved temporarily or permanently, but which need not be retained in office space and equipment;
     (6) To adopt rules under chapter 34.05 RCW:
     (a) Setting standards for the durability and permanence of public records maintained by state and local agencies;
     (b) Governing procedures for the creation, maintenance, transmission, cataloging, indexing, storage, or reproduction of photographic, optical, electronic, or other images of public documents or records in a manner consistent with current standards, policies, and procedures of the ((department of information services)) office of the chief information officer for the acquisition of information technology;
     (c) Governing the accuracy and durability of, and facilitating access to, photographic, optical, electronic, or other images used as public records; or
     (d) To carry out any other provision of this chapter;
     (7) To gather and disseminate to interested agencies information on all phases of records management and current practices, methods, procedures, techniques, and devices for efficient and economical management and preservation of records;
     (8) To operate a central microfilming bureau which will microfilm, at cost, records approved for filming by the head of the office of origin and the archivist; to approve microfilming projects undertaken by state departments and all other agencies of state government; and to maintain proper standards for this work;
     (9) To maintain necessary facilities for the review of records approved for destruction and for their economical disposition by sale or burning; directly to supervise such destruction of public records as shall be authorized by the terms of this chapter;
     (10) To assist and train state and local agencies in the proper methods of creating, maintaining, cataloging, indexing, transmitting, storing, and reproducing photographic, optical, electronic, or other images used as public records;
     (11) To solicit, accept, and expend donations as provided in RCW 43.07.037 for the purpose of the archive program. These purposes include, but are not limited to, acquisition, accession, interpretation, and display of archival materials. Donations that do not meet the criteria of the archive program may not be accepted.

Sec. 130   RCW 42.17.460 and 1999 c 401 s 1 are each amended to read as follows:
     It is the intent of the legislature to ensure that the commission provide the general public timely access to all contribution and expenditure reports submitted by candidates, continuing political committees, bona fide political parties, lobbyists, and lobbyists' employers. The legislature finds that failure to meet goals for full and timely disclosure threatens to undermine our electoral process.
     Furthermore, the legislature intends for the commission to consult with the ((department of information services)) office of the chief information officer as it seeks to implement chapter 401, Laws of 1999, and that the commission follow the standards and procedures established by the ((department of information services)) office of the chief information officer in chapter 43.105 RCW as they relate to information technology.

Sec. 131   RCW 42.17.467 and 1999 c 401 s 5 are each amended to read as follows:
     In preparing the information technology plan, the commission shall consult with affected state agencies, the ((department of information services)) office of the chief information officer, and stakeholders in the commission's work, including representatives of political committees, bona fide political parties, news media, and the general public.

Sec. 132   RCW 42.17.469 and 1999 c 401 s 6 are each amended to read as follows:
     The commission shall submit the information technology plan to the senate and house of representatives fiscal committees, the governor, the senate state and local government committee, the house of representatives state government committee, and the ((department of information services)) office of the chief information officer by February 1, 2000. It is the intent of the legislature that the commission thereafter comply with the requirements of chapter 43.105 RCW with respect to preparation and submission of biennial performance reports on the commission's information technology.

Sec. 133   RCW 42.17.471 and 1999 c 401 s 7 are each amended to read as follows:
     The commission shall prepare and submit to the ((department of information services)) office of the chief information officer a biennial performance report ((in accordance with chapter 43.105 RCW)).
     The report must include:
     (1) An evaluation of the agency's performance relating to information technology;
     (2) An assessment of progress made toward implementing the agency information technology plan;
     (3) An analysis of the commission's performance measures, set forth in RCW 42.17.463, that relate to the electronic filing of reports and timely public access to those reports via the commission's web site;
     (4) A comprehensive description of the methods by which citizens may interact with the agency in order to obtain information and services from the commission; and
     (5) An inventory of agency information services, equipment, and proprietary software.

Sec. 134   RCW 42.17A.060 and 1999 c 401 s 1 are each amended to read as follows:
     It is the intent of the legislature to ensure that the commission provide the general public timely access to all contribution and expenditure reports submitted by candidates, continuing political committees, bona fide political parties, lobbyists, and lobbyists' employers. The legislature finds that failure to meet goals for full and timely disclosure threatens to undermine our electoral process.
     Furthermore, the legislature intends for the commission to consult with the ((department of information services)) office of the chief information officer as it seeks to implement chapter 401, Laws of 1999, and that the commission follow the standards and procedures established by the ((department of information services)) office of the chief information officer in chapter 43.105 RCW as they relate to information technology.

Sec. 135   RCW 43.88.092 and 2010 c 282 s 3 are each amended to read as follows:
     (1) As part of the biennial budget process, the office of financial management shall collect from agencies, and agencies shall provide, information to produce reports, summaries, and budget detail sufficient to allow review, analysis, and documentation of all current and proposed expenditures for information technology by state agencies. Information technology budget detail must be included as part of the budget submittal documentation required pursuant to RCW 43.88.030.
     (2) The office of financial management must collect, and present as part of the biennial budget documentation, information for all existing information technology projects as defined by information services board policy. The office of financial management must work with the ((department of information services)) office of the chief information officer to maximize the ability to draw this information from the information technology portfolio management data collected by the department of information services pursuant to RCW 43.105.170. Connecting project information collected through the portfolio management process with financial data developed under subsection (1) of this section provides transparency regarding expenditure data for existing technology projects.
     (3) The biennial budget documentation submitted by the office of financial management pursuant to RCW 43.88.030 must include an information technology plan identifying proposed large information technology projects. This plan must be presented using a method similar to the capital budget, identifying project costs through stages of the project and across fiscal periods and biennia from project initiation to implementation. This information must be submitted electronically, in a format to be determined by the office of financial management and the legislative evaluation and accountability program committee.
     (4) The office of financial management shall also institute a method of accounting for information technology-related expenditures, including creating common definitions for what constitutes an information technology investment.

Sec. 136   RCW 43.105.410 and 2010 c 282 s 2 are each amended to read as follows:
     (1) State agencies that are purchasing wireless devices or services must make such purchases through the state master contract, unless the state agency provides to the office of ((financial management)) the chief information officer evidence that the state agency is securing its wireless devices or services from another source for a lower cost than through participation in the state master contract.
     (2) For the purposes of this section, "state agency" means any office, department, board, commission, or other unit of state government, but does not include a unit of state government headed by a statewide elected official, an institution of higher education as defined in RCW 28B.10.016, the higher education coordinating board, the state board for community and technical colleges, or agencies of the legislative or judicial branches of state government.

NEW SECTION.  Sec. 137   (1) Except as provided by subsection (2) of this section, state agencies shall locate all existing and new servers in the state data center.
     (2) Agencies with a service requirement that requires servers to be located outside the state data center must receive a waiver from the office. Waivers must be based upon written justification from the requesting agency citing specific service or performance requirements for locating servers outside the state's common platform.
     (3) The office, in consultation with the office of financial management, shall continue to develop the business plan and migration schedule for moving all state agencies into the state data center.
     (4) The legislature and the judiciary, which are constitutionally recognized as separate branches of government, may enter into an interagency agreement with the office to migrate its servers into the state data center.
     (5) This section does not apply to institutions of higher education.

NEW SECTION.  Sec. 138   (1) The office shall conduct a needs assessment and develop a migration strategy to ensure that, over time, all state agencies are moving towards using the consolidated technology services agency established in RCW 43.105.047 as their central service provider for all utility-based infrastructure services, including centralized PC and infrastructure support. Agency specific application services shall remain managed within individual agencies.
     (2) The office shall develop short-term and long-term objectives as part of the migration strategy.
     (3) For the purposes of this section, "utility-based infrastructure services" includes personal computer and portable device support, servers and server administration, security administration, network administration, telephony, e-mail, and other information technology services commonly utilized by state agencies.
     (4) This section does not apply to institutions of higher education.

NEW SECTION.  Sec. 201   A new section is added to chapter 43.105 RCW to read as follows:
     To achieve maximum benefit from advances in information technology the state establishes a centralized provider and procurer of certain information technology services as an agency to support the needs of state agencies. This agency shall be known as the consolidated technology services agency. To ensure maximum benefit to the state, state agencies shall rely on the consolidated technology services agency for those services with a business case of broad use, uniformity, scalability, and price sensitivity to aggregation and volume.
     To successfully meet agency needs and meet its obligation as the primary service provider for these services, the consolidated technology services agency must offer high quality services at the lowest possible price. It must be able to attract an adaptable and competitive workforce, be authorized to procure services where the business case justifies it, and be accountable to its customers for the efficient and effective delivery of critical business services.
     The consolidated technology services agency is established as an agency in state government. The agency is established with clear accountability to the agencies it serves and to the public. This accountability will come through enhanced transparency in the agency's operation and performance. The agency is also established with broad flexibility to adapt its operations and service catalog to address the needs of customer agencies, and to do so in the most cost-effective ways.

Sec. 202   RCW 43.105.020 and 2010 1st sp.s. c 7 s 64 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) (("Administrator" means the community technology opportunity program administrator designated by the department.
     (2) "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.
     (3) "Board" means the information services board.
     (4) "Broadband" means a high-speed, high capacity transmission medium, using land-based, satellite, wireless, or any other mechanism, that can carry either signals or transmit data, or both, over long distances by using a wide range of frequencies.
     (5) "Committee" means the state interoperability executive committee.
     (6) "Common vendor registration and bid notification system" has the definition in RCW 39.29.006.
     (7) "Community technology programs" means programs that are engaged in diffusing information and communications technology in local communities, particularly in unserved and underserved areas of the state. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software, internet connectivity, digital media literacy, development of locally relevant content, and delivery of vital services through technology.
     (8) "Council" means the advisory council on digital inclusion created in RCW 43.105.400.
     (9) "Department" means the department of information services.
     (10))) "Agency" means the consolidated technology services agency.
     (2) "Board" means the consolidated technology services board.
     (3) "Customer agencies" means all entities that purchase or use information technology resources, telecommunications, or services from the consolidated technology services agency.
     (4) "Director" means the director of the ((department)) consolidated technology services agency.
     (((11) "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.
     (12))) (5) "Equipment" means the machines, devices, and transmission facilities used in information processing, ((such as)) including but not limited to computers, ((word processors,)) terminals, telephones, wireless communications system facilities, cables, and any physical facility necessary for the operation of such equipment.
     (((13) "High-speed internet" means broadband.
     (14) "Information" includes, but is not limited to, data, text, voice, and video.
     (15) "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.
     (16) "Information services" means data processing, telecommunications, office automation, and computerized information systems.
     (17))) "Enterprise architecture" means an ongoing program for translating business vision and strategy into effective enterprise change. It is a continuous activity. Enterprise architecture creates, communicates, and improves the key principles and models that describe the enterprise's future state and enable its evolution.
     (7) "Information technology" includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.
     (8) "Information technology portfolio" or "portfolio" means a strategic management process documenting relationships between agency missions and information technology and telecommunications investments.
     (((18) "K-20 network" means the network established in RCW 43.105.820.
     (19))) (9) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately.
     (((20))) (10) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications.
     (((21))) (11) "Proprietary software" means that software offered for sale or license.
     (((22) "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.
     (23) "Small business" has the definition in RCW 39.29.006.
     (24) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means.
     (25) "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 commerce under chapter 43.330 RCW.)) (12) "Telecommunications" includes, but is not limited to, wireless or wired systems for transport of voice, video, and data communications, network systems, requisite facilities, equipment, system controls, simulation, electronic commerce, and all related interactions between people and machines. "Telecommunications" does not include public safety communications.

Sec. 203   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)) consolidated technology services agency, an agency of state government. The ((department)) agency 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)) agency; and
     (2) ((Maintain and fund a strategic planning and policy component separate from the services component of the department;
     (3) Appoint, after consulting with the board, the assistant or deputy 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) Report to the governor and the board any matters relating to abuses and evasions of this chapter; and
     (6) Recommend statutory changes to the governor and the board)).

Sec. 204   RCW 43.105.052 and 2010 1st sp.s. c 7 s 16 are each amended to read as follows:
     The ((department)) agency 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 information services to state agencies 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((. 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)) agency. 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 office of financial management. 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)) agency and the office of financial management. ((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))) (3) With the advice of the ((information services)) board and customer agencies, develop a state strategic information technology plan and performance reports as required under ((RCW 43.105.160)) section 107 of this act;
     (((5))) (4) Develop plans for the ((department's)) agency'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 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, 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)) section 107 of this act;
     (((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 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) 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))) (5) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.

Sec. 205   RCW 43.105.080 and 2010 1st sp.s. c 37 s 931 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)) agency 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)) agency shall establish and implement a billing structure to assure all agencies pay an equitable share of the costs.
     ((During the 2009-2011 fiscal biennium, the legislature may transfer from the data processing revolving account to the state general fund such amounts as reflect the excess fund balance associated with the information technology pool.))
     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.

NEW SECTION.  Sec. 206   A new section is added to chapter 43.105 RCW to read as follows:
     (1) There is hereby created the consolidated technology services board. The board shall be composed of eleven members appointed by the governor. Seven of the board members shall consist of customer representatives either in the position of chief executive officer, chief financial officer, or chief information officer. Four of the board members shall be legislators, who serve as ex officio, nonvoting members of the board.
     (2)(a) Nonlegislative members shall serve three-year terms. Members may not serve more than two consecutive terms.
     (b) Of the initial nonlegislative members, two must be appointed for a one-year term, two must be appointed for a two-year term, and three must be appointed for a three-year term. Thereafter, members must be appointed for three-year terms.
     (c) Vacancies shall be filled in the same manner that the original appointments were made for the remainder of the member's term.
     (3)(a) Of the initial legislative members, the president of the senate and the speaker of the house of representatives shall make the appointments.
     (b) The president of the senate shall appoint one member from each of the two largest caucuses in the senate.
     (c) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
     (4) A majority of the members of the board shall constitute a quorum for the transaction of business.

Sec. 207   RCW 43.19.190 and 2002 c 200 s 3 are each amended to read as follows:
     The director of general administration, through the state purchasing and material control director, shall:
     (1) Establish and staff such administrative organizational units within the division of purchasing as may be necessary for effective administration of the provisions of RCW 43.19.190 through 43.19.1939;
     (2) Purchase all material, supplies, services, and equipment needed for the support, maintenance, and use of all state institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state: PROVIDED, That the provisions of RCW 43.19.190 through 43.19.1937 do not apply in any manner to the operation of the state legislature except as requested by the legislature: PROVIDED, That the provisions of this section and RCW 43.19.1901 through 43.19.1925 do not apply to the consolidated technology services agency created in RCW 43.105.047: PROVIDED, That any agency may purchase material, supplies, services, and equipment for which the agency has notified the purchasing and material control director that it is more cost-effective for the agency to make the purchase directly from the vendor: PROVIDED, That primary authority for the purchase of specialized equipment, instructional, and research material for their own use shall rest with the colleges, community colleges, and universities: PROVIDED FURTHER, That universities operating hospitals and the state purchasing and material control director, as the agent for state hospitals as defined in RCW 72.23.010, and for health care programs provided in state correctional institutions as defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW 72.36.010 and 72.36.070, may make purchases for hospital operation by participating in contracts for materials, supplies, and equipment entered into by nonprofit cooperative hospital group purchasing organizations: PROVIDED FURTHER, That primary authority for the purchase of materials, supplies, and equipment for resale to other than public agencies shall rest with the state agency concerned: PROVIDED FURTHER, That authority to purchase services as included herein does not apply to personal services as defined in chapter 39.29 RCW, unless such organization specifically requests assistance from the division of purchasing in obtaining personal services and resources are available within the division to provide such assistance: PROVIDED FURTHER, That the authority for the purchase of insurance and bonds shall rest with the risk manager under RCW ((43.19.1935)) 43.41.310: PROVIDED FURTHER, That, except for the authority of the risk manager to purchase insurance and bonds, the director is not required to provide purchasing services for institutions of higher education that choose to exercise independent purchasing authority under RCW 28B.10.029: PROVIDED FURTHER, That the authority to purchase interpreter services and interpreter brokerage services on behalf of limited-English speaking or sensory-impaired applicants and recipients of public assistance shall rest with the department of social and health services;
     (3) Have authority to delegate to state agencies authorization to purchase or sell, which authorization shall specify restrictions as to dollar amount or to specific types of material, equipment, services, and supplies. Acceptance of the purchasing authorization by a state agency does not relieve such agency from conformance with other sections of RCW 43.19.190 through 43.19.1939, or from policies established by the director. Also, delegation of such authorization to a state agency, including an educational institution to which this section applies, to purchase or sell material, equipment, services, and supplies shall not be granted, or otherwise continued under a previous authorization, if such agency is not in substantial compliance with overall state purchasing and material control policies as established herein;
     (4) Contract for the testing of material, supplies, and equipment with public and private agencies as necessary and advisable to protect the interests of the state;
     (5) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment purchased through the division;
     (6) Prescribe the manner in which supplies, materials, and equipment purchased through the division shall be delivered, stored, and distributed;
     (7) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers' lists, and current market information;
     (8) Provide for a commodity classification system and may, in addition, provide for the adoption of standard specifications;
     (9) Provide for the maintenance of inventory records of supplies, materials, and other property;
     (10) Prepare rules and regulations governing the relationship and procedures between the division of purchasing and state agencies and vendors;
     (11) Publish procedures and guidelines for compliance by all state agencies, including those educational institutions to which this section applies, which implement overall state purchasing and material control policies;
     (12) Advise state agencies, including educational institutions, regarding compliance with established purchasing and material control policies under existing statutes.

NEW SECTION.  Sec. 208   A new section is added to chapter 43.105 RCW to read as follows:
     The board has the following powers and duties:
     (1) Approve rates for services offered by the agency;
     (2) Approve the budget proposal to the office of financial management for the agency;
     (3) Approve the catalog of services to be provided or procured for client agencies;
     (4) Prepare and submit an annual performance evaluation of the director to the governor;
     (5) Prepare and submit a performance assessment of the agency to the governor annually; and
     (6) Advise the director on operational issues and plans brought before the board by the director.

NEW SECTION.  Sec. 209   A new section is added to chapter 43.105 RCW to read as follows:
     The director in consultation with the board shall set performance targets and approve plans for achieving measurable and specific goals for the agency. By January 2012, the appropriate organizational performance and accountability measures and performance targets shall be submitted to the governor. These measures and targets shall include measures of performance demonstrating specific and measurable improvements related to service delivery and costs, operational efficiencies, and overall customer satisfaction. The agency shall develop a dashboard of key performance measures that will be updated quarterly and made available on the agency public web site.
     The director shall report to the governor on agency performance at least quarterly. The reports shall be included on the agency's web site and accessible to the public.

Sec. 210   RCW 43.105.057 and 1992 c 20 s 11 are each amended to read as follows:
     The ((department of information services and the information services board, respectively,)) agency shall adopt rules as necessary under chapter 34.05 RCW to implement the provisions of this chapter.

Sec. 211   RCW 43.105.060 and 1987 c 504 s 10 are each amended to read as follows:
     State and local government agencies are authorized to enter into any contracts with the ((department or its successor)) agency which may be necessary or desirable to effectuate the purposes and policies of this chapter or for maximum utilization of facilities and services which are the subject of this chapter.

Sec. 212   RCW 39.29.040 and 2002 c 260 s 11 and 2002 c 200 s 2 are each reenacted and amended to read as follows:
     This chapter does not apply to:
     (1) Contracts specifying a fee of less than five thousand dollars if the total of the contracts from that agency with the contractor within a fiscal year does not exceed five thousand dollars;
     (2) Contracts awarded to companies that furnish a service where the tariff is established by the utilities and transportation commission or other public entity;
     (3) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;
     (4) Contracts awarded for services to be performed for a standard fee, when the standard fee is established by the contracting agency or any other governmental entity and a like contract is available to all qualified applicants;
     (5) Contracts for services that are necessary to the conduct of collaborative research if prior approval is granted by the funding source;
     (6) Contracts for client services except as otherwise indicated in this chapter;
     (7) Contracts for architectural and engineering services as defined in RCW 39.80.020, which shall be entered into under chapter 39.80 RCW;
     (8) Contracts for the employment of expert witnesses for the purposes of litigation;
     (9) Contracts for bank supervision authorized under RCW 30.38.040; ((and))
     (10) Contracts for interpreter services and interpreter brokerage services on behalf of limited-English speaking or sensory-impaired applicants and recipients of public assistance; and
     (11) Contracts awarded by the consolidated technology services agency.

Sec. 213   RCW 19.34.231 and 1999 c 287 s 12 are each amended to read as follows:
     (1) If a signature of a unit of state or local government, including its appropriate officers or employees, is required by statute, administrative rule, court rule, or requirement of the office of financial management, that unit of state or local government shall become a subscriber to a certificate issued by a licensed certification authority for purposes of conducting official public business with electronic records.
     (2) A city or county may become a licensed certification authority under RCW 19.34.100 for purposes of providing services to local government, if authorized by ordinance adopted by the city or county legislative authority.
     (3) A unit of state government, except the secretary ((and the department of information services)), may not act as a certification authority.

Sec. 214   RCW 19.34.420 and 1998 c 33 s 2 are each amended to read as follows:
     (1) The following information, when in the possession of the secretary((, the department of information services,)) or the state auditor for purposes of this chapter, shall not be made available for public disclosure, inspection, or copying, unless the request is made under an order of a court of competent jurisdiction based upon an express written finding that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records:
     (a) A trade secret, as defined by RCW 19.108.010; and
     (b) Information regarding design, security, or programming of a computer system used for purposes of licensing or operating a certification authority or repository under this chapter.
     (2) The state auditor, or an authorized agent, must be given access to all information referred to in subsection (1) of this section for the purpose of conducting audits under this chapter or under other law, but shall not make that information available for public inspection or copying except as provided in subsection (1) of this section.

Sec. 215   RCW 43.19A.022 and 2009 c 356 s 2 are each amended to read as follows:
     (1) By December 31, 2009, all state agencies shall purchase one hundred percent recycled content white cut sheet bond paper used in office printers and copiers. State agencies are encouraged to give priority to purchasing from companies that produce paper in facilities that generate energy from a renewable energy source.
     (2) State agencies that utilize office printers and copiers that, after reasonable attempts, cannot be calibrated to utilize such paper referenced in subsection (1) of this section, must for those models of equipment:
     (a) Purchase paper at the highest recycled content that can be utilized efficiently by the copier or printer;
     (b) At the time of lease renewal or at the end of the life-cycle, either lease or purchase a model that will efficiently utilize one hundred percent recycled content white cut sheet bond paper;
     (3) Printed projects that require the use of high volume production inserters or high-speed digital devices, such as those used by the state printer((, department of information services,)) and the department of general administration, are not required to meet the one hundred percent recycled content white cut sheet bond paper standard, but must utilize the highest recycled content that can be utilized efficiently by such equipment and not impede the business of agencies.
     (4) The state printer((,)) and the department of general administration((, and department of information services)) shall work together to identify for use by agencies one hundred percent recycled paper products that process efficiently through high-speed production equipment and do not impede the business of agencies.

Sec. 216   RCW 46.20.157 and 1999 c 6 s 21 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the department shall annually provide to the ((department of information services)) consolidated technology services agency an electronic data file. The data file must:
     (a) Contain information on all licensed drivers and identicard holders who are eighteen years of age or older and whose records have not expired for more than two years;
     (b) Be provided at no charge; and
     (c) Contain the following information on each such person: Full name, date of birth, residence address including county, sex, and most recent date of application, renewal, replacement, or change of driver's license or identicard.
     (2) Before complying with subsection (1) of this section, the department shall remove from the file the names of any certified participants in the Washington state address confidentiality program under chapter 40.24 RCW that have been identified to the department by the secretary of state.

Sec. 217   RCW 2.36.054 and 1993 c 408 s 3 are each amended to read as follows:
     Unless otherwise specified by rule of the supreme court, the jury source list and master jury list for each county shall be created as provided by this section.
     (1) The superior court of each county, after consultation with the county clerk and county auditor of that jurisdiction, shall annually notify the ((department of information services)) consolidated technology services agency not later than March 1 of each year of its election to use either a jury source list that is merged by the county or a jury source list that is merged by the ((department of information services)) consolidated technology services agency. The ((department of information services)) consolidated technology services agency shall annually furnish at no charge to the superior court of each county a separate list of the registered voters residing in that county as supplied annually by the secretary of state and a separate list of driver's license and identicard holders residing in that county as supplied annually by the department of licensing, or a merged list of all such persons residing in that county, in accordance with the annual notification required by this subsection. The lists provided by the ((department of information services)) consolidated technology services agency shall be in an electronic format mutually agreed upon by the superior court requesting it and the department of information services. The annual merger of the list of registered voters residing in each county with the list of licensed drivers and identicard holders residing in each county to form a jury source list for each county shall be in accordance with the standards and methodology established in this chapter or by superseding court rule whether the merger is accomplished by the ((department of information services)) consolidated technology services agency or by a county.
     (2) Persons on the lists of registered voters and driver's license and identicard holders shall be identified by a minimum of last name, first name, middle initial where available, date of birth, gender, and county of residence. Identifying information shall be used when merging the lists to ensure to the extent reasonably possible that persons are only listed once on the merged list. Conflicts in addresses are to be resolved by using the most recent record by date of last vote in a general election, date of driver's license or identicard address change or date of voter registration.
     (3) The ((department of information services)) consolidated technology services agency shall provide counties that elect to receive a jury source list merged by ((department of information services)) the consolidated technology services agency with a list of names which are possible duplicates that cannot be resolved based on the identifying information required under subsection (2) of this section. If a possible duplication cannot subsequently be resolved satisfactorily through reasonable efforts by the county receiving the merged list, the possible duplicate name shall be stricken from the jury source list until the next annual jury source list is prepared.

Sec. 218   RCW 29A.08.760 and 2009 c 369 s 35 are each amended to read as follows:
     The secretary of state shall provide a duplicate copy of the master statewide computer file or electronic data file of registered voters to the ((department of information services)) consolidated technology services agency for purposes of creating the jury source list without cost. Restrictions as to the commercial use of the information on the statewide computer tape or data file of registered voters, and penalties for its misuse, shall be the same as provided in RCW 29A.08.720 and 29A.08.740.

Sec. 219   RCW 43.63A.550 and 1998 c 245 s 71 are each amended to read as follows:
     (1) The department shall assist in the process of inventorying and collecting data on public and private land for the acquisition of data describing land uses, demographics, infrastructure, critical areas, transportation corridors physical features, housing, and other information useful in managing growth throughout the state. For this purpose the department ((shall)) may contract with the ((department of information services)) consolidated technology services agency and shall form an advisory group consisting of representatives from state, local, and federal agencies, colleges and universities, and private firms with expertise in land planning, and geographic information systems.
     (2) The department shall establish a sequence for acquiring data, giving priority to rapidly growing areas. The data shall be retained in a manner to facilitate its use in preparing maps, aggregating with data from multiple jurisdictions, and comparing changes over time. Data shall further be retained in a manner which permits its access via computer.
     (3) The department shall work with other state agencies, local governments, and private organizations that are inventorying public and private lands to ensure close coordination and to ensure that duplication of efforts does not occur.

NEW SECTION.  Sec. 220   A new section is added to chapter 41.80 RCW to read as follows:
     (1) The bargaining units of employees at the department of information services existing on the effective date of this section shall be considered appropriate units at the consolidated technology services agency and will be so certified by the public employment relations commission.
     (2) The exclusive bargaining representatives recognized as representing the bargaining units of employees at the department of information services existing on the effective date of this section shall continue as the exclusive bargaining representatives of the transferred bargaining units without the necessity of an election.

Sec. 301   RCW 43.105.370 and 2009 c 509 s 2 are each amended to read as follows:
     (1) The broadband mapping account is established in the custody of the state treasurer. The department shall deposit into the account such funds received from legislative appropriation, federal ((grants authorized under the federal broadband data improvement act, P.L. 110-385, Title I)) funding, and donated funds from private and public sources. Expenditures from the account may be used only for the purposes of RCW 43.105.372 through 43.105.376 (as recodified by this act). Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
     (2) The department ((of information services)) is the single eligible entity in the state for purposes of the federal broadband ((data improvement act, P.L. 110-385, Title I)) mapping activities.
     (3) Federal funding received by the department ((under the federal broadband data improvement act, P.L. 110-385, Title I,)) for broadband mapping activities must be used in accordance with ((the)) any federal requirements ((of that act)) and, subject to those requirements, may be distributed by the department on a competitive basis to other entities in the state ((to achieve the purposes of that act)).
     (4) The department ((of information services)) shall consult with ((the department of community, trade, and economic development or its successor agency,)) the office of financial management((,)) and the utilities and transportation commission in coordinating broadband mapping activities. In carrying out any broadband mapping activities, the provisions of P.L. 110-385, Title I, regarding trade secrets, commercial or financial information, and privileged or confidential information submitted by the federal communications commission or a broadband provider are deemed to encompass the consulted agencies.

Sec. 302   RCW 43.105.372 and 2009 c 509 s 3 are each amended to read as follows:
     (1) Subject to the availability of federal or state funding, the department may:
     (a) Develop an interactive web site to allow residents to self-report whether high-speed internet is available at their home or residence and at what speed; and
     (b) Conduct a detailed survey of all high-speed internet infrastructure owned or leased by state agencies and ((creating [create])) create a geographic information system map of all high-speed internet infrastructure owned or leased by the state.
     (2) State agencies responding to a survey request from the department under subsection (1)(b) of this section shall respond in a reasonable and timely manner, not to exceed one hundred twenty days. The department shall request of state agencies, at a minimum:
     (a) The total bandwidth of high-speed internet infrastructure owned or leased;
     (b) The cost of maintaining that high-speed internet infrastructure, if owned, or the price paid for the high-speed internet infrastructure, if leased; and
     (c) The leasing entity, if applicable.
     (3) The department may adopt rules as necessary to carry out the provisions of this section.
     (4) For purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency.

Sec. 303   RCW 43.105.374 and 2009 c 509 s 4 are each amended to read as follows:
     (1) The department is authorized, through a competitive bidding process, to procure on behalf of the state a geographic information system map detailing high-speed internet infrastructure, service availability, and adoption. This geographic information system map may include adoption information, availability information, type of high-speed internet deployment technology, and available speed tiers for high-speed internet based on any publicly available data.
     (2) The department may procure this map either by:
     (a) Contracting for and purchasing a completed map or updates to a map from a third party; or
     (b) Working directly with the federal communications commission to accept publicly available data.
     (3) The department shall establish an accountability and oversight structure to ensure that there is transparency in the bidding and contracting process and full financial and technical accountability for any information or actions taken by a third-party contractor creating this map.
     (4) In contracting for purchase of the map or updates to a map in subsection (2)(a) of this section, the department may take no action, nor impose any condition on the third party, that causes any record submitted by a public or private broadband service provider to the third party to meet the standard of a public record as defined in RCW 42.56.010. This prohibition does not apply to any records delivered to the department by the third party as a component of the ((completed)) map. For the purpose of RCW 42.56.010(((2))) (3), the purchase by the department of a completed map or updates to a map may not be deemed use or ownership by the department of the underlying information used by the third party to complete the map.
     (5) Data or information that is publicly available as of July 1, 2009, will not cease to be publicly available due to any provision of chapter 509, Laws of 2009.

Sec. 304   RCW 43.105.376 and 2009 c 509 s 5 are each amended to read as follows:
     (1) The department, in coordination with ((the department of community, trade, and economic development and)) the utilities and transportation commission, and such advisors as the department chooses, may prepare regular reports that identify the following:
     (a) The geographic areas of greatest priority for the deployment of advanced telecommunications infrastructure in the state;
     (b) A detailed explanation of how any amount of funding received from the federal government for the purposes of broadband mapping, deployment, and adoption will be or have been used; and
     (c) A determination of how nonfederal sources may be utilized to achieve the purposes of broadband mapping, deployment, and adoption activities in the state.
     (2) To the greatest extent possible, the initial report should be based upon the information identified in the geographic system maps developed under the requirements of this chapter.
     (3) The initial report should be delivered to the appropriate committees of the legislature as soon as feasible, but no later than January 18, 2010.
     (4) Any future reports prepared by the department based upon the requirements of subsection (1) of this section should be delivered to the appropriate committees of the legislature by January 15th of each year.

Sec. 305   RCW 43.105.380 and 2009 c 509 s 6 are each amended to read as follows:
     The community technology opportunity program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the department ((of information services)). The department may contract for services in order to carry out the department's obligations under this section.
     (1) In implementing the community technology opportunity program the ((administrator)) director must, to the extent funds are appropriated for this purpose:
     (a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the ((administrator)) director for the program may be expended on these functions;
     (b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; digital media literacy; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology.
     (2) Grant applicants must:
     (a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;
     (b) Define the geographic area or population to be served;
     (c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;
     (d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;
     (e) Provide evidence of matching funds and resources, which are equivalent to at least one-quarter of the grant amount committed to the applicant's strategy;
     (f) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and
     (g) Comply with such other requirements as the ((administrator)) director establishes.
     (3) The ((administrator)) director may use no more than ten percent of funds received for the community technology opportunity program to cover administrative expenses.
     (4) The ((administrator)) director must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.

Sec. 306   RCW 43.105.382 and 2009 c 509 s 8 are each amended to read as follows:
     The Washington community technology opportunity account is established in the state treasury. The governor or the governor's designee and the director or the director's designee shall deposit into the account federal grants to the state ((authorized under Division B, Title VI of the American recovery and reinvestment act of 2009)), legislative appropriations, and donated funds from private and public sources for purposes related to broadband deployment and adoption, including matching funds required by the act. Donated funds from private and public sources may be deposited into the account. Expenditures from the account may be used only as matching funds for federal and other grants to fund the operation of the community technology opportunity program under this chapter, and to fund other broadband-related activities authorized in chapter 509, Laws of 2009. Only the director or the director's designee may authorize expenditures from the account.

Sec. 307   RCW 43.105.390 and 2009 c 509 s 9 are each amended to read as follows:
     (1) The governor may take all appropriate steps to ((carry out the purposes of Division B, Title VI of the American recovery and reinvestment act of 2009, P.L. 111-5, and)) seek federal funding in order to maximize investment in broadband deployment and adoption in the state of Washington ((consistent with chapter 509, Laws of 2009)). Such steps may include the designation of a broadband deployment and adoption coordinator; review and prioritization of grant applications by public and private entities as directed by the national telecommunications and information administration, the rural utility services, and the federal communications commission; disbursement of block grant funding; and direction to state agencies to provide staffing as necessary to carry out this section. The authority for overseeing broadband adoption and deployment efforts on behalf of the state is vested in the department.
     (2) The department may apply for federal funds and other grants or donations, may deposit such funds in the Washington community technology opportunity account created in RCW 43.105.382 (as recodified by this act), may oversee implementation of federally funded or mandated broadband programs for the state and may adopt rules to administer the programs. These programs may include but are not limited to the following:
     (a) Engaging in periodic statewide surveys of residents, businesses, and nonprofit organizations concerning their use and adoption of high-speed internet, computer, and related information technology for the purpose of identifying barriers to adoption;
     (b) Working with communities to identify barriers to the adoption of broadband service and related information technology services by individuals, nonprofit organizations, and businesses;
     (c) Identifying broadband demand opportunities in communities by working cooperatively with local organizations, government agencies, and businesses;
     (d) Creating, implementing, and administering programs to improve computer ownership, technology literacy, digital media literacy, and high-speed internet access for populations not currently served or underserved in the state. This may include programs to provide low-income families, community-based nonprofit organizations, nonprofit entities, and public entities that work in partnership with nonprofit entities to provide increased access to computers and broadband, with reduced cost internet access;
     (e) Administering the community technology opportunity program under RCW 43.105.380 and 43.105.382 (as recodified by this act);
     (f) Creating additional programs to spur the development of high-speed internet resources in the state;
     (g) Establishing technology literacy and digital inclusion programs and establishing low-cost hardware, software, and internet purchasing programs that may include allowing participation by community technology programs in state purchasing programs; and
     (h) Developing technology loan programs targeting small businesses or businesses located in unserved and underserved areas.

Sec. 308   RCW 43.105.400 and 2009 c 509 s 10 are each amended to read as follows:
     (((1))) Subject to the availability of federal or state funding, the department may ((reconvene the high-speed internet work group previously established by chapter 262, Laws of 2008. The work group is renamed the advisory council on digital inclusion, and is)) convene an advisory group ((to the department)) on digital inclusion and technology planning. The ((council must)) advisory group may include, but is not limited to, volunteer representatives from community technology organizations, telecommunications providers, higher education institutions, K-12 education institutions, public health institutions, public housing entities, and local government and other governmental entities that are engaged in community technology activities.
     (((2) The council shall prepare a report by January 15th of each year and submit it to the department, the governor, and the appropriate committees of the legislature. The report must contain:     
     (a) An analysis of how support from public and private sector partnerships, the philanthropic community, and other not-for-profit organizations in the community, along with strong relationships with the state board for community and technical colleges, the higher education coordinating board, and higher education institutions, could establish a variety of high-speed internet access alternatives for citizens;
     (b) Proposed strategies for continued broadband deployment and adoption efforts, as well as further development of advanced telecommunications applications;
     (c) Recommendations on methods for maximizing the state's research and development capacity at universities and in the private sector for developing advanced telecommunications applications and services, and recommendations on incentives to stimulate the demand for and development of these applications and services;
     (d) An identification of barriers that hinder the advancement of technology entrepreneurship in the state; and
     (e) An evaluation of programs designed to advance digital literacy and computer access that are made available by the federal government, local agencies, telecommunications providers, and business and charitable entities.))

NEW SECTION.  Sec. 401   Sections 101 through 121, 137, and 138 of this act constitute a new chapter in Title 43 RCW to be codified as chapter 43.41A RCW.

NEW SECTION.  Sec. 402   RCW 43.105.172, 43.105.250, 43.105.260, 43.105.270, 43.105.280, 43.105.290, 43.105.310, 43.105.835, and 43.105.410 are each recodified as sections in chapter 43.--- RCW (the new chapter created in section 401 of this act).

NEW SECTION.  Sec. 403   RCW 43.105.370, 43.105.372, 43.105.374, 43.105.376, 43.105.380, 43.105.382, 43.105.390, 43.105.400, and 43.105.905 are each recodified as sections in chapter 43.330 RCW.

NEW SECTION.  Sec. 404   The following acts or parts of acts are each repealed:
     (1) RCW 2.36.057 (Expanded jury source list -- Court rules) and 1993 c 408 s 1;
     (2) RCW 2.36.0571 (Jury source list -- Master jury list -- Adoption of rules for implementation of methodology and standards by agencies) and 1993 c 408 s 2;
     (3) RCW 41.06.094 (Department of information services -- Certain personnel exempted from chapter) and 1987 c 504 s 7;
     (4) RCW 43.105.005 (Purpose) and 1990 c 208 s 1 & 1987 c 504 s 1;
     (5) RCW 43.105.013 (Finding -- Intent) and 2010 c 282 s 1;
     (6) RCW 43.105.019 (Enterprise-based strategy -- Coordination with legislative and judicial branches) and 2010 c 282 s 10;
     (7) RCW 43.105.032 (Information services board -- Members--Chairperson -- Vacancies -- Quorum -- Compensation and travel expenses) and 2007 c 158 s 1, 1999 c 241 s 2, 1996 c 137 s 10, 1992 c 20 s 8, 1987 c 504 s 4, 1984 c 287 s 86, 1975-'76 2nd ex.s. c 34 s 128, & 1973 1st ex.s. c 219 s 5;
     (8) RCW 43.105.041 (Powers and duties of board) and 2010 1st sp.s. c 7 s 65, 2009 c 486 s 13, 2003 c 18 s 3, & 1999 c 285 s 5;
     (9) RCW 43.105.095 (Management and oversight structure) and 1999 c 80 s 3;
     (10) RCW 43.105.105 (Information technology decisions and plans) and 1999 c 80 s 4;
     (11) RCW 43.105.160 (Strategic information technology plan--Biennial state performance report on information technology) and 2010 c 282 s 9, 2005 c 319 s 110, 1999 c 80 s 9, 1998 c 177 s 3, 1996 c 171 s 9, & 1992 c 20 s 1;
     (12) RCW 43.105.170 (Information technology portfolios -- Contents--Performance reports) and 1999 c 80 s 10;
     (13) RCW 43.105.178 (Information technology assets -- Inventory) and 2010 c 282 s 12;
     (14) RCW 43.105.180 (Evaluation of budget requests for information technology projects) and 2010 c 282 s 6 & 1999 c 80 s 11;
     (15) RCW 43.105.190 (Major information technology projects standards and policies -- Project evaluation and reporting) and 2005 c 319 s 111, 1999 c 80 s 12, 1998 c 177 s 4, 1996 c 137 s 15, & 1992 c 20 s 4;
     (16) RCW 43.105.200 (Application to institutions of higher education) and 1992 c 20 s 5;
     (17) RCW 43.105.210 (Data processing expenditures -- Authorization--Penalties) and 1993 sp.s. c 1 s 903;
     (18) RCW 43.105.300 (Education in use of technology encouraged) and 1996 c 171 s 14;
     (19) RCW 43.105.320 (Departmental authority as certification authority for electronic authentication) and 1999 c 287 s 18 & 1997 c 27 s 29;
     (20) RCW 43.105.330 (State interoperability executive committee) and 2006 c 76 s 2 & 2003 c 18 s 4;
     (21) RCW 43.105.340 (Consumer protection web site) and 2008 c 151 s 2;
     (22) RCW 43.105.360 (Web directory -- Public community technology programs) and 2008 c 262 s 5;
     (23) RCW 43.105.805 (Information services board -- Powers and duties) and 2010 1st sp.s. c 9 s 1, 2010 1st sp.s. c 7 s 66, & 1999 c 285 s 3;
     (24) RCW 43.105.815 (K-20 operations cooperative -- Ongoing management) and 1999 c 285 s 8;
     (25) RCW 43.105.820 (K-20 telecommunication system -- Technical plan) and 2010 1st sp.s. c 7 s 67, 1999 c 285 s 11, & 1996 c 137 s 8; and
     (26) RCW 43.105.825 (K-20 network -- Oversight -- Coordination of telecommunications planning) and 2004 c 275 s 62 & 1999 c 285 s 7.

NEW SECTION.  Sec. 405   Section 124 of this act takes effect January 1, 2012.

NEW SECTION.  Sec. 406   Section 125 of this act expires January 1, 2012.

NEW SECTION.  Sec. 407   Sections 130 through 133 of this act expire January 1, 2012.

NEW SECTION.  Sec. 408   Section 134 of this act takes effect January 1, 2012.

NEW SECTION.  Sec. 409   Except for sections 124 and 134 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 July 1, 2011.