BILL REQ. #: H-2775.3
| State of Washington | 63rd Legislature | 2014 Regular Session |
Prefiled 01/10/14. Read first time 01/13/14. Referred to Committee on Government Operations & Elections.
AN ACT Relating to the establishment of an open data policy to facilitate sharing and publication of government data; amending RCW 43.41A.120, 43.41A.010, 43.41A.125, and 43.41A.130; adding a new chapter to Title 42 RCW; recodifying RCW 43.41A.120, 43.41A.125, and 43.41A.130; decodifying RCW 43.41A.135; and repealing RCW 43.41A.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that new technologies
have dramatically changed both the way government conducts business and
the public's expectations about access to government information.
Accessible government data is a valuable resource that can be used by
citizens and businesses of the state to fuel entrepreneurship,
innovation, and scientific discovery. Furthermore, making government
data available online increases government transparency, effectiveness,
and accountability. It is the intent of the legislature to encourage
state and local government agencies that collect and create information
to do so in a manner that supports downstream information processing
and dissemination activities, ensuring that the default status of
government data is open.
Sec. 2 RCW 43.41A.120 and 2011 c 60 s 38 are each amended to read
as follows:
Unless the context requires otherwise, the definitions in this
section apply throughout this chapter.
(1)(a) "Data" means final versions of statistical or factual
information that:
(i) Are in alphanumeric form reflected in a list, table, graph,
chart, or other nonnarrative form, that can be digitally transmitted or
processed;
(ii) Are regularly created or maintained by or on behalf of an
agency and controlled by such agency; and
(iii) Record a measurement, transaction, or determination related
to the mission of the agency.
(b) As used in this subsection (1), "statistical or factual
information" does not include image files, such as designs, drawings,
maps, photos, or scanned copies of original documents, but it does
include geographic information system data and statistical or factual
information about such image files.
(2) "Data set" means a named collection of related records
maintained on a storage device, with the collection containing data
organized or formatted in a specific or prescribed way, often in
tabular form.
(3) "Local government" means every county, city, town, and every
other municipal or quasi-municipal corporation.
(((2))) (4) "Office" means the office of the chief information
officer.
(5) "Open" means freely available, machine readable, and formatted
according to uniform technical standards to facilitate visibility and
reuse of publishable data.
(6) "Public data set" means data maintained on a computer system
by, or on behalf of, an agency that the agency is permitted, required,
or able to make available to the public. "Public data set" does not
include:
(a) Any portion of a data set to which an agency may deny access
pursuant to the public records act, chapter 42.56 RCW, or any other
provision of a federal or state law, rule, or regulation or local law;
(b) Any data set that contains a significant amount of data to
which an agency may deny access pursuant to (a) of this subsection, the
redaction of which would impose undue financial, operative, or
administrative burden on the agency;
(c) Data that reflects the internal deliberative process of an
agency or agencies, including but not limited to negotiating positions,
future procurements, or pending or reasonably anticipated legal or
administrative proceedings;
(d) Data subject to copyright, patent, trademark, confidentiality
agreements, or trade secret protection;
(e) Proprietary applications, computer code, software, operating
systems, or similar materials; or
(f) Data related to internal agency administration, including
employment records, internal employee-related directories or lists, and
facilities data.
(7) "Public record" ((means as defined)) has the definitions in RCW
42.56.010 and chapter 40.14 RCW, and includes legislative records and
court records that are available for public inspection.
(((3))) (8) "State agency" includes every state office, department,
division, bureau, board, and commission of the state, and each state
elected official who is a member of the executive department.
NEW SECTION. Sec. 3
(2) Within ninety days of the effective date of this section, the
office shall:
(a) Publish draft uniform standards for the open format of data
submitted for publication on the open data portal and guidelines for
agencies to use in complying with this section; and
(b) Implement an online forum to solicit feedback from the public
and to encourage public discussion on open data policies and public
data set availability.
(3) Within thirty days of the effective date of this section, each
agency shall designate a data coordinator who:
(a) Has authority equivalent to that of a deputy director or the
head of a division or department within the agency;
(b) Has knowledge of data and resources in use by the agency; and
(c) Is responsible for that agency's compliance with this chapter.
(4) Within one hundred eighty days of the effective date of this
section, each agency shall provide to the office a proposed compliance
plan, which shall include a catalog of the agency's public data sets
and a timeline for making each data set publicly available in an open
format.
(a) In establishing the timeline, the agency shall prioritize
publication of data based on the extent to which information:
(i) Can be used to increase agency accountability and
responsiveness;
(ii) Improves public knowledge of the agency and its operations;
(iii) Furthers the mission of the agency;
(iv) Creates economic opportunity; and
(v) Responds to a need or demand identified by public consultation.
(b) If the agency has identified public data sets that it has not
proposed to make public within five years of the effective date of this
section, the agency's work plan must state the reasons why the data
cannot be made available, and, to the extent practicable, the date by
which the agency believes that it will be made available on the open
data portal.
(5) No later than one year after the effective date of this
section, and annually thereafter, the office shall post on the open
data portal and submit to the governor and the legislature an updated
compliance plan. The update must include:
(a) Specific measures undertaken since the immediately preceding
update;
(b) Specific measures that will be undertaken before the next
update;
(c) An update to the list of public data sets, if necessary;
(d) Any changes to the prioritization of public data sets;
(e) Any update to the timeline for the inclusion of data sets on
the open data portal, if necessary; and
(f) If a public data set cannot be made available on the open data
portal within five years of the effective date of this section, the
reasons why it cannot and, to the extent practicable, the date by which
the agency believes that such public data set will be available on the
open data portal.
(6) Local governments are encouraged to prepare a catalog and
timeline for publication of local government public data sets and to
submit the data to the office for inclusion in the open data portal.
(7) The office shall provide technical guidance, assistance, and
expertise to assist agencies and local governments in participating in
the open data portal. This may include, but is not limited to,
adopting rules or providing models and guidelines for agencies to
follow when:
(a) Creating their data catalogs;
(b) Setting a schedule for initial and ongoing publication of data;
(c) Prioritizing data sets for publication;
(d) Identifying and reviewing public data sets, including
consultation with public records officers and other entities to ensure
confidential or otherwise nonpublic information is not disclosed; and
(e) Preparing data for publication in an open format pursuant to
the uniform standard established under this section.
NEW SECTION. Sec. 4
(2) The open data portal must include a mechanism by which a member
of the public who has identified deficiencies in a public data set can
provide feedback to the office about the deficiency. The office may
transmit the feedback to the agency that owns or controls the data set.
If the agency deems the deficiency to be real and substantial, it may
post a notice of such deficiency on the open data portal.
(3) The state does not warranty the completeness, accuracy,
content, or fitness for any particular purpose or use of any public
data set made available on the open data portal, nor are any such
warranties to be implied or inferred with respect to the public data
sets furnished on the open data portal.
(4) The state is not liable for any deficiencies in the
completeness, accuracy, content, or fitness for any particular purpose
or use of any public data set, or application using the data set,
provided by any third party.
(5) Nothing in this chapter may be construed to create a private
right of action or claim on the part of any individual, entity, or
agency to enforce its provisions. Failure to comply with this chapter
does not result in liability to an agency.
(6) The office shall conspicuously publish on the open data portal
the legal policies set forth in this section.
Sec. 5 RCW 43.41A.010 and 2013 2nd sp.s. c 33 s 3 are each
amended to read as follows:
(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) To 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; and
(f) To coordinate implementation and expansion of the open data
portal established in sections 3 and 4 of this act.
(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 (a) academic and
research applications; and (b) medical, clinical, and health care
applications, including the business and administrative applications
for such operations. However, institutions of higher education must
disclose to the office any proposed academic applications that are
enterprise-wide in nature relative to the needs and interests of other
institutions of higher education. Institutions of higher education
shall provide to the chief information officer sufficient data and
information on proposed expenditures on business and administrative
applications to permit the chief information officer to evaluate the
proposed expenditures pursuant to RCW 43.88.092(3).
(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. Legislative and judicial agencies of the state shall
submit to the chief information officer information on proposed
information technology expenditures to allow the chief information
officer to evaluate the proposed expenditures on an advisory basis.
Sec. 6 RCW 43.41A.125 and 1996 c 171 s 5 are each amended to read
as follows:
Within existing resources and consistent with section 3 of this
act, state agencies shall plan for and implement processes for making
information available electronically and for making public data sets
available in an open format. Public demand and agencies' missions and
goals shall drive the selection and priorities for government
information to be made available electronically. When planning for
increased public electronic access, agencies should determine what
information the public wants and needs most. Widespread public
electronic access does not mean that all government information is able
to be made available electronically.
(1) In planning for and implementing electronic access, state
agencies shall:
(a) Where appropriate, plan for electronic public access and two-way electronic interaction when acquiring, redesigning, or rebuilding
information systems;
(b) Focus on providing electronic access to current information,
leaving archival material to be made available digitally as resources
allow or as a need arises;
(c) Coordinate technology planning across agency boundaries in
order to facilitate electronic access to vital public information;
(d) Develop processes to determine which information the public
most wants and needs;
(e) Develop and employ methods to readily withhold or mask
nondisclosable data.
(2) In planning or implementing electronic access and two-way
electronic interaction and delivery technologies, state agencies and
local governments are encouraged to:
(a) Increase their capabilities to receive information
electronically from the public and to transmit forms, applications, and
other communications and transactions electronically;
(b) Use technologies allowing public access throughout the state
that allow continuous access twenty-four hours a day, seven days per
week, involve little or no cost to access, and are capable of being
used by persons without extensive technological ability; and
(c) Consider and incorporate wherever possible ease of access to
electronic technologies by persons with disabilities. In planning and
implementing new public electronic access projects, agencies should
consult with people who have disabilities, with disability access
experts, and the general public.
(((3) The final report of the public information access policy task
force, "Encouraging Widespread Public Electronic Access to Public
Records and Information Held by State and Local Governments," shall
serve as a major resource for state agencies and local governments in
planning and providing increased access to electronic public records
and information.))
Sec. 7 RCW 43.41A.130 and 1996 c 171 s 12 are each amended to
read as follows:
Funding to meet the costs of providing access, including the
building of the necessary information systems, the digitizing of
information, ((developing)) the preparation of data in open and
machine-readable formats, the development of the ability to mask
nondisclosable information, and maintenance and upgrade of information
access systems should come primarily from state and local
appropriations, federal dollars, grants, private funds, cooperative
ventures among governments, nonexclusive licensing, and public/private
partnerships. Agencies should not offer customized electronic access
services as the primary way of responding to requests or as a primary
source of revenue. Fees for staff time to respond to requests, and
other direct costs may be included in costs of providing customized
access.
Agencies and local governments are encouraged to pool resources and
to form cooperative ventures to provide electronic access to government
records and information. State agencies are encouraged to seek federal
and private grants for projects that provide increased efficiency and
improve government delivery of information and services, including
projects that facilitate or expedite the inclusion of all public data
sets in the open data portal.
NEW SECTION. Sec. 8 RCW 43.41A.115 (Electronic access to public
records -- Findings -- Intent) and 1996 c 171 s 1 are each repealed.
NEW SECTION. Sec. 9 RCW 43.41A.120, 43.41A.125, and 43.41A.130
are each recodified as sections in the new chapter created in section
11 of this act.
NEW SECTION. Sec. 10 RCW 43.41A.135 is decodified.
NEW SECTION. Sec. 11 Sections 1, 3, and 4 of this act constitute
a new chapter in Title