AN ACT Relating to state-wide video communications; amending RCW 43.105.005, 43.105.017, 43.105.020, 43.105.032, 43.105.041, and 43.105.052; adding new sections to chapter 28B.80 RCW; adding new sections to chapter 28B.50 RCW; adding a new section to chapter 43.105 RCW; adding new sections to Title 28A RCW; and declaring an emergency.

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

Sec. 1. Section 1, chapter 504, Laws of 1987 and RCW 43.105.005 are each amended to read as follows:

It is ((~~the~~)) a purpose of this chapter to provide for coordinated planning and management of state information services. The legislature recognizes that information systems, telecommunications, equipment, software, and services must satisfy the needs of end users and that many appropriate and cost-effective alternatives exist for meeting these needs, such as shared mainframe computing, shared voice, data, and video telecommunications services, local area networks, departmental minicomputers, and microcomputers.

Sec. 2. Section 2, chapter 504, Laws of 1987 and RCW 43.105.017 are each amended to read as follows:

It is the intent of the legislature that:

(1) State government use voice, data, and video telecommunications technologies to:

(a) Transmit and increase access to live, interactive classroom instruction and training;

(b) Provide for interactive public affairs presentations, including a public forum for state and local issues;

(c) Facilitate communications and exchange of information among state and local elected officials and the general public;

(d) Enhance state-wide communications within state agencies; and

(e) Through the use of telecommunications, reduce time lost due to travel to in-state meetings;

(2) Information be shared and administered in a coordinated manner, except when prevented by agency responsibilities for security, privacy, or confidentiality;

((~~(2)~~)) (3) The primary responsibility for the management and use of information, information systems, telecommunications, equipment, software, and services rests with each agency;

((~~(3)~~)) (4) Resources be used in the most efficient manner and services be shared when cost-effective;

((~~(4)~~)) (5) A structure be created ((~~(a)~~)) to:

(a) Plan and manage telecommunications and computing networks((,));

(b) ((to)) Increase agencies' awareness of information sharing opportunities((,)); and

((~~(5)~~)) (6) An acquisition process for equipment, proprietary software, and related services be established that meets the needs of the users, considers the exchange of information, emphasizes first consideration of the use or purchase of equipment, proprietary software, and services produced by in-state local government, education, or state agencies before subscribing to or purchasing services from out-of-state vendors and promotes fair and open competition;

((~~(6)~~)) (7) The state improve recruitment, retention, and training of professional staff; ((~~and~~))

((~~(7)~~)) (8) Plans, proposals, and acquisitions for information services be reviewed from a financial and management perspective as part of the budget process; and

(9) State government adopt policies and procedures that emphasize consideration of using existing and leasing voice, data, and video telecommunications services.

Sec. 3. Section 2, chapter 115, Laws of 1967 ex. sess. as last amended by section 3, chapter 504, Laws of 1987 and RCW 43.105.020 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise, the following definitions shall apply:

(1) "Department" means the department of information services;

(2) "Board" means the information services and video telecommunications review board;

(3) "Local governments" includes all municipal and quasi municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately;

(4) "Director" means the director of the department;

(5) "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, data entry, keypunch services, programming services, and computer time-sharing;

(6) "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;

(7) "Telecommunications" means the transmission of information by wire, radio, optical cable, electromagnetic, or other means;

(8) "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;

(9) "Information services" means data processing, telecommunications, and office automation;

(10) "Equipment" means the machines, devices, and transmission facilities used in information processing, such as computers, word processors, terminals, telephones, and cables;

(11) "Proprietary software" means that software offered for sale or license.

Sec. 4. Section 5, chapter 219, Laws of 1973 1st ex. sess. as last amended by section 4, chapter 504, Laws of 1987 and RCW 43.105.032 are each amended to read as follows:

(1) There is hereby created the Washington state information services and video telecommunications review board. The board shall be ((~~composed~~)) comprised of ((~~nine~~)) thirteen members((. Seven members shall be appointed by the governor, and serving at the governor's pleasure as follows: Three representatives from cabinet agencies, one representative from higher education, one representative from a noncabinet executive agency, and two representatives from the private sector.)) as follows:

(a) The chief executive officer from four cabinet agencies, one of whom shall be the director of the department of information systems;

(b) The superintendent of public instruction;

(d) The executive director of the state board for community college education;

(e) Two members shall represent the private sector and be appointed by the governor;

(f) One member shall represent the judicial branch and be appointed by the chief justice of the state supreme court((~~. One member~~));

(g) One member shall be appointed by the governor and shall represent a public, noncommercial station federally licensed to serve a local authority. This member shall have a background in broadcasting and educational technology; and

(h) Two members shall represent the legislative branch ((~~and~~)). One shall be from the senate and shall be ((~~selected~~)) appointed by the president of the senate ((~~and~~)). One shall be from the house of representatives and shall be appointed by the speaker of the house of representatives.

(2) These members shall constitute the membership of the board with full voting rights. ((~~The director shall be an ex officio, nonvoting member of the board.~~)) The board shall select a chairperson from among its members. A majority of the members of the board shall constitute a quorum for the transaction of business.

(3) Vacancies shall be filled in the same manner ((~~that the original appointments were made~~)) as provided for in subsection (1) of this section.

((~~A majority of the members of the board shall constitute a quorum for the transaction of business.~~))

(4) Members of the board shall be compensated for service on the board in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

Sec. 5. Section 6, chapter 219, Laws of 1973 1st ex. sess. as last amended by section 5, chapter 504, Laws of 1987 and RCW 43.105.041 are each amended to read as follows:

The board shall have the following powers and duties related to information services and video telecommunications review:

(1) To develop standards governing the acquisition and disposition of equipment, proprietary software and purchased services, and confidentiality of computerized data;

(2) To purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services, or to delegate to other agencies and institutions of state government, under appropriate standards, the authority to purchase, lease, rent, or otherwise acquire, dispose of, and maintain equipment, proprietary software, and purchased services: PROVIDED, That, agencies and institutions of state government are expressly prohibited from acquiring or disposing of equipment, proprietary software, and purchased services without such delegation of authority. The acquisition and disposition of equipment, proprietary software, and purchased services is exempt from RCW 43.19.1919 and, as provided in RCW 43.19.1901, from the provisions of RCW 43.19.190 through 43.19.200. This subsection does not apply to the legislative branch;

(3) To develop state-wide or interagency technical policies, standards, and procedures;

(4) To coordinate the cost-effective development and incremental implementation of a state-wide video telecommunications system to serve the needs of public schools, directly and through educational service districts, community colleges, vocational-technical institutes, colleges and universities, state and local government, and the general public;

(5) To provide direction concerning strategic planning goals and objectives for the state. The board shall seek input from the legislature and the judiciary((.));

((~~(5)~~)) (6) Negotiate 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;

(7) To develop and implement a process for the resolution of appeals by:

(a) ((By)) Vendors concerning the conduct of an acquisition process by an agency or the department; or

(b) ((By)) A customer agency concerning the provision of services by the department or by other state agency providers;

((~~(6)~~)) (8) To establish policies for the periodic review by the department of agency performance which may include but are not limited to analysis of:

(a) Planning, management, control, and use of information services and video telecommunications;

(b) Training and education; and

((~~(7)~~)) (9) To set its meeting schedules and convene at scheduled times, or meet at the request of a majority of its members, the chair, or the director;

((~~(8)~~)) (10) To review and approve that portion of the department's budget requests that provides for support to the board; and

((~~(9)~~)) (11) To abolish the use of service center designations and establish necessary policies and standards to allow Washington State University and the department of transportation to continue the practice of providing information services to other agencies and local governments.

Sec. 6. Section 8, chapter 504, Laws of 1987 and RCW 43.105.052 are each amended to read as follows:

The department shall:

(1) Perform all duties and responsibilities the board delegates to the department, including but not limited to:

(a) The review of agency acquisition plans and requests; and

(b) Implementation of state-wide and interagency policies, standards, and guidelines;

(2) Make available information services to state agencies and local governments on a full cost-recovery basis. These services may include, but are not limited to:

(a) Telecommunications services for voice, data, and video;

(b) Mainframe computing services;

(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) Office automation services;

(g) System development services; and

(h) 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) Establish rates and fees for services provided by the department to assure that the services component of the department is self-supporting. A billing rate plan shall be developed for a two-year period to coincide with the budgeting process. The rate plan shall be subject to review at least annually by the customer oversight committees. The rate plan shall show the proposed rates by each cost center and will show the components of the rate structure as mutually determined by the department and the customer oversight committees. 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 planning component;

(4) With the advice of the ((~~information services~~)) board and agencies, develop and publish state-wide goals and objectives at least biennially;

(5) Develop plans for the department's achievement of state-wide goals and objectives. 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 customer oversight committees and the board in the development of these plans;

(6) Under direction of the board and in collaboration with the department of personnel, the higher education personnel board, and other agencies as may be appropriate, develop training plans and coordinate training programs that are responsive to the needs of agencies((~~, in collaboration with the department of personnel and the higher education personnel board~~));

(7) Identify opportunities for the effective use of information services and coordinate appropriate responses to those opportunities;

(8) Assess agencies' projects, acquisitions, plans, or overall information processing performance as requested by the board, agencies, the director of financial management, or the legislature. Agencies may be required to reimburse the department for agency-requested reviews;

(9) 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 planning component to the board for:

(a) Meeting preparation, notices, and minutes;

(b) Promulgation of policies, standards, and guidelines adopted by the board;

(d) Conducting reviews and assessments as directed by the board; and

(12) Perform all other matters and things necessary to carry out the purposes and provisions of this chapter.

NEW SECTION. Sec. 7. A new section is added to Title 28A RCW to read as follows:

(1) Pursuant to section 5 of this act, the office of the superintendent of public instruction shall develop a phase- in plan for the production and delivery of programming for students and educators through video telecommunications and for the initial limited acquisition and installation of video telecommunications facilities and equipment. The plan shall include, where possible and appropriate, the use of existing production facilities. The superintendent may provide grants for appropriate technology, equipment, and services, including the purchase or upgrade of downlinks and associated equipment to ensure that each local school district, educational service district, vocational-technical institute, and the office of the superintendent of public instruction are equipped with the capability to receive interactive distance learning through video telecommunications.

(2) Funds as may be appropriated by the legislature to the superintendent of public instruction for the purpose of subsection (1) of this section may not be spent by the superintendent unless approved by the information services and video telecommunications review board. In lieu of formal board approval, the board may adopt procedures requiring assurance that expenditures of funds appropriated for subsection (1) of this section are for the purposes of subsection (1) of this section and meet approval standards adopted by the board.

NEW SECTION. Sec. 8. A new section is added to chapter 28B.80 RCW to read as follows:

(1) Pursuant to section 5 of this act, the higher education coordinating board shall develop a phase-in plan for the initial limited acquisition and installation of video telecommunications facilities and equipment, and may provide grants for appropriate technology, equipment, and services, including the purchase or upgrade of downlinks and associated equipment to ensure that each of the four-year institutions of higher education is equipped with the capability to receive interactive distance learning through video telecommunications.

(2) Funds as may be appropriated by the legislature to the higher education coordinating board for the purpose of subsection (1) of this section may not be spent by the higher education coordinating board unless approved by the information services and video telecommunications review board. In lieu of formal board approval, the board may adopt procedures requiring assurance that expenditures of funds appropriated for subsection (1) of this section are for the purposes of subsection (1) of this section and meet approval standards adopted by the board.

NEW SECTION. Sec. 9. A new section is added to chapter 28B.50 RCW to read as follows:

(1) Pursuant to section 5 of this act, the state board for community college education shall develop a phase-in plan for the initial limited acquisition and installation of video telecommunications facilities and equipment, and may provide grants for appropriate technology, equipment, and services, including the purchase or upgrade of downlinks and associated equipment to ensure that each of the community colleges is equipped with the capability to receive interactive distance learning through video telecommunications.

(2) Funds as may be appropriated by the legislature to the state board for community college education for the purpose of subsection (1) of this section may not be spent by the state board for community college education unless approved by the information services and video telecommunications review board. In lieu of formal board approval, the board may adopt procedures requiring assurance that expenditures of funds appropriated for subsection (1) of this section are for the purposes of subsection (1) of this section and meet approval standards adopted by the board.

NEW SECTION. Sec. 10. A new section is added to chapter 43.105 RCW to read as follows:

(1) Pursuant to section 5 of this act, the department of information services shall develop a plan for the use of existing and the initial limited acquisition and installation of video telecommunications facilities and equipment, capable of transmitting visual and audio transmissions, for single or multiple locations of state agencies, to begin to serve the state-wide video telecommunications needs of state agencies. Originating sites shall be determined by the department with the advice of state agencies. The video telecommunications equipment shall include security features to ensure privacy for agencies' state-wide broadcasts to branch offices or to a targeted audience.

(2) Funds as may be appropriated by the legislature to the department for the purpose of subsection (1) of this section may not be spent by the department unless approved by the board. In lieu of formal board approval, the board may adopt procedures requiring assurance that expenditures of funds appropriated for subsection (1) of this section are for the purposes of subsection (1) of this section and meet approval standards adopted by the board.

NEW SECTION. Sec. 11. A new section is added to Title 28A RCW to read as follows:

The office of the superintendent of public instruction shall provide state-wide coordination of video telecommunications for the common schools through provision of educational telecommunications information to local school districts; assist local school districts and educational service districts in telecommunications planning as it relates to development of curriculum; originate distance learning programming for students and educators through or by facilitating the development, production, and transmission of programming through telecommunications, pursuant to section 7(1) of this act; and assist in the formulation of legislative recommendations and rules governing the use of telecommunications in the common schools, including the vocational-technical institutes.

NEW SECTION. Sec. 12. A new section is added to chapter 28B.80 RCW to read as follows:

The higher education coordinating board shall provide state-wide coordination of video telecommunications for the public four-year higher education institutions through provision of educational telecommunications information to postsecondary educational institutions, reviewing and coordinating interinstitutional telecommunications course offerings, and assisting in formulating legislative recommendations and rules governing the use of telecommunications in public four-year colleges and universities.

NEW SECTION. Sec. 13. A new section is added to chapter 28B.50 RCW to read as follows:

The state board for community college education shall provide state-wide coordination of video telecommunications for the community college system by providing educational telecommunications information to community colleges, reviewing and approving course offerings through telecommunications, assisting the community college districts in telecommunications planning as it relates to the development of curriculum, and assisting in formulating legislative recommendations and rules governing the use of telecommunications in the community college system.

NEW SECTION. Sec. 14. 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 shall take effect immediately.